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CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2010-0502
DATE: May 4, 2010
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
LOCATION: City Wide
REQUEST: Zoning Amendment Pertaining to Outdoor Seating
PREPARED BY: Jeff Sargent, City Planner
BACKGROUND
The City of Columbia Heights is experiencing a number of dining establishments that have
requested the ability to serve food and/or alcohol to customers outside. To date, the City
does not have a formal ordinance regulating this type of use. For that reason, staff is
proposing a Zoning Amendment to help regulate restaurants and other eateries that might
want to serve patrons outdoors.
The necessity of such an ordinance amendment originates from the possibility that some
restaurants may want to serve alcohol to their patrons while they dine outdoors. The City
of Columbia Heights’ Police Chief, Scott Nadeau expressed the desire to regulate the
manner in which restaurants could serve alcohol to patrons outdoors because of the
potential negative circumstances that such actions could present.
COMPREHENSIVE PLAN
One of the goals of the Comprehensive Plan is to enhance the economic viability of the
community. The proposed amendment would be consistent with the Comprehensive Plan
by allowing the continual use and enjoyment of restaurants and other dining places in a
safe manner.
An overarching goal of the Comprehensive Plan is to ensure the safety and welfare of the
general public. By restricting areas in which alcohol may be served outside a restaurant,
compliance with the Comprehensive Plan will be met.
City of Columbia Heights Planning Commission May 4, 2010
City of Columbia Heights, Outdoor Seating Case # 2010-0502
ZONING ORDINANCE
The proposed amendments made to the Zoning Ordinance would include language
regarding the operation of outdoor seating space for restaurants and other eating
establishments. The proposed changes include:
1. Outdoor seating plans will be subject to Planning Commission approval through
the Site Plan Approval Process.
2. Outdoor seating shall be located fully on the property in which it is intended, and
may not restrict pedestrian traffic on public rights-of-way.
3. Outdoor seating shall be on a hard surface meeting all Americans with
Disabilities Act (ADA) requirements.
4. No outdoor seating shall be allowed on driveways or parking areas.
5. If the intent is to serve alcohol outside, the following regulations shall be
enforced:
a. The outdoor dining area shall be adjacent to the principal building and
access shall be provided from within the principal building only.
b. A barrier shall be installed around the perimeter of the outdoor seating area,
and shall be approved through the site plan approval process on a case-by-
case basis.
c. The barrier shall be constructed in a manner that ensures that non-patrons
of the restaurant will not have free and easy access to alcoholic beverages
provided by patrons using the outdoor seating area.
6. If the intent is to not serve alcohol outside, the business shall supply the city
with an affidavit stating that no alcohol will be served outdoors.
7. The design of the patio area and any fencing and landscaping shall be such that
sight lines in and out of existing or proposed access points are not obstructed.
8. When not in use, the outdoor seating area shall not be used for off-season
outdoor storage.
9. Banners, streamers or other types of permanent or temporary signs shall not be
placed or displayed on the barriers surrounding the outdoor dining areas.
10. The outdoor dining area shall not take on characteristics of a building having a
roof and/or walls.
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City of Columbia Heights Planning Commission May 4, 2010
City of Columbia Heights, Outdoor Seating Case # 2010-0502
11. The Planning Commission, through the site plan approval process, shall
determine the need for additional on-site parking requirements for the outdoor
seating area.
FINDINGS OF FACT
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make
each of the following four findings before approving a zoning amendment:
1. The amendment is consistent with the Comprehensive Plan.
One of the goals of the Comprehensive Plan is to enhance the economic viability of
the community. The proposed amendment would be consistent with the
Comprehensive Plan by allowing the continual use and enjoyment of restaurants
and other dining places in a safe manner.
2. The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The proposed amendment would be effective for any restaurant or food
establishment in the city.
3. Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible with
the proposed zoning classification.
Not applicable.
4. Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since such
property was placed in the current zoning classification.
Not applicable.
RECOMMENDATION
Staff recommends approval of the proposed Zoning Amendment.
Motion:
That the Planning Commission recommends that the City Council approve the
proposed zoning amendment.
Attachments
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City of Columbia Heights Planning Commission May 4, 2010
City of Columbia Heights, Outdoor Seating Case # 2010-0502
Draft zoning ordinance
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