HomeMy WebLinkAbout6.d. PCExSumm_AlcoholBevProduction_04282015EXECUTIVE SUMMARY
Planning Commission Public Hearing: April 28, 2015
Tentative City Council Meeting: May 20, 2015
AGENDA ITEM: Case 15-10-TA; Request by the City Council
AGENDA SECTION:
to Amending the City Code Relating to
Alcoholic Beverage Production Public Hearing
Establishments.
PREPARED BY: AGENDA NO.
Eric Zweber, Senior Planner 6.d.
ATTACHMENTS: Draft Ordinance Relating to Alcoholic
APPROVED BY:
Beverage Production Establishments; K.L.
Lakeville Ordinance Amendment; Shakopee
Ordinance Amendment.
RECOMMENDED ACTION: Motion to Recommend that the City Council Approve the
Ordinance Relating to Alcoholic Beverage Production Establishments; Amending
Rosemount City Code Sections 11-1-4, 11-4-1, 11-4-11, 11-4-13, 11-4-14, 11-4-15, 1-4-15-
1, 11-4-16 and 11-6-1.
SUMMARY
The City Council has requested that the City Code be amended to allow taprooms and associated
businesses. Currently, the City Code views these busine allowed
in the GI: General Industrial zone. While this zoning designation may be appropriate for large brewers,
such as Summit or Surly or even the former Schmidt or Hamm breweries, this zoning designation is no
longer appropriate for the small craft breweries which operate a significant retail business through their
sales of pints to be consumed at the brewery taproom or in growlers purchased to be consumed at home.
To accommodate this request, the Zoning Ordinance must be amended to allow the various brewery
businesses (breweries, brew-on-premise stores, brewpubs, distilleries and wineries) in the appropriate
Zoning District with the appropriate regulations and the Business Regulation Ordinance must be amended
to allow the on-sale and off-sale of their products as allowed by State Statute. The Planning Commission
will be reviewing the Zoning Ordinance amendments. The review schedule is for the Planning
Commission to conduct the Public Hearing and provide a recommendation to the City
Council on April 28. After, the City Council will consider the recommendation and conduct a Public
Hearing for the Business Regulation Ordinance on May 19, 2015. Currently, the City has no applications
for any of these types of brewery businesses, but the City Council wants to be proactive to ease the
approval process for future businesses. These changes will allow the City to market the community to aid
in attracting brewery businesses.
APRIL 2 PLANNING COMMISSION
Staff introduced the brewing topic and draft Ordinance language on April 2. Commissioner VanderWiel
asked about odors generated from these businesses and if the additional uses listed in the Farm Wineries
should be listed as accessory uses in the overall AG: Agricultural zoning district. Staff responded that
breweries due generate odors during the actual brewing, but does not generate odors during the
fermentation or canning processes because those are closed systems. A typical micro-brewery brews three
(3) to five (5) batches a week and each batch takes about four (4) hours to brew.
Staff has purposefully listed that Farm Wineries in the AG district can also have event spaces micro-
breweries, micro-distilleries, winery associated retail and restaurants without drive-throughs. Staff believes
that this is similar to golf courses (another conditional use) that commonly would have an event spaces, a
restaurant and a pro-shop. Staff does not support listing these uses separately as accessory uses because
then they can be included with any AG use, such as kennels or horticultural businesses.
Staff has discussed the proposed Ordinance with the City Attorney and she did not recommend any
changes to the draft Ordinance. The only change since April 2 is to correct an error on the bottom of
page 4 to correctly label the conditional uses within the BP: Business Park district.
BACKGROUND
Ordinance amendments are legislative actions in that the City is creating new standards to regulate the
development of certain types of structures or use. Under the law, the City has wide flexibility to create
standards that will insure the type of development it desires.
Breweries: Staff is proposing to divide breweries into three categories based on the amount of production
consistent with the State license categories. Micro-breweries are breweries that produce no more than 3,500
barrels (about 48,000 cases) of beer annually. Small breweries are breweries that produce no more than
20,000 barrels (about 275,000 cases) of beer annually. Full breweries are breweries that produce more than
20,000 barrels of beer annually.
State Statute allows micro-breweries and small breweries to sell on-sale glasses of beer or off-sale growlers
y. Breweries that produce more than 20,000
barrels and less than 250,000 barrels can sell on-sale glasses of beers, but cannot sell off-sale. Breweries that
produce more than 250,000 barrels cannot sell either on-sale or off-sale at their brewery.
Micro-Breweries: The majority of the craft breweries in the Twin Cities produces less than 3,500 barrels of beer
and would be classified in draft Ordinance as a micro-brewery. These micro-breweries typically get their raw
products delivered by semi-truck (similar to restaurant deliveries) and often self-distribute their kegs or cans
of beer with a van or box-truck owned by the micro-brewery. Micro-breweries do not normally need a truck
dock for their product, but it would be useful for moving their brewery equipment into their facility.
An important part of their business is the on-sale glasses of beer and the off-sale growlers (or 750 ml bottles)
at their taproom. The taproom is the face of the brewery and appears as a bar to the general public. While
nothing in State Statute prohibits micro-breweries from having an on-site restaurant, these small businesses
often would have a Brewpub license if they also serve food. Often, the micro-breweries would either allow
food to be brought in from local restaurants or request food trucks to visit their business. The City Council
will be considering food truck regulations when they consider the amendments to the Business Regulation
Ordinances. Due to the retail function of their business and their ability to complement local restaurants,
staff proposes to allow micro-breweries as permitted uses in the DT: Downtown and C-4: General
Commercial zoning districts.
Small Breweries: There are currently very few breweries in the Twin Cities that produce between 3,500 and
20,000 barrels of beer annually. Summit Brewery (when it was located on University Avenue) and Surly
Brewery (when it was located in Brooklyn Center) were producing this quantity of beer. It is expected that
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some existing micro-breweries in the Twin Cities will out-grow their current locations when they produce
more than 3,500 barrels and will need a new location.
The new location would need to allow taprooms to provide the retail on-sale glasses of beer or the off-sale
growlers while having the truck docks necessary for delivery of raw materials and distribution of beer. To fit
the larger brewery equipment, small breweries are looking for buildings that have twelve (12) to sixteen (16)
feet of clear height within the building. Distribution from these small breweries is often a mix of regional
private distributers for their flagship brews and self-distribution of their smaller labels to the local bars and
liquor stores. Due to the mix of retail and manufacturing operations at a small brewery, staff proposes to
allow small breweries as permitted uses in the BP: Business Park and LI: Light Industrial zoning districts and
conditional uses in the C-3: Highway Commercial and C-4: General Commercial zoning districts. The
conditional use permit (CUP) is intended to mitigate the manufacturing portions of the business (truck
docks and equipment) from impacting adjacent retail commercial or nearby residential uses.
Breweries: Breweries produce more than 20,000 barrels of beer annually, which is more than 40,000 half
barrel kegs or 275,000 cases of beer. While State Statute would allow a taproom for on-sale glasses of beer,
this is a very minor portion of the breweries sales. The two breweries in the Twin Cities are the Summit
Brewery located in an industrial park at I-35E and West Seventh Street in St. Paul and the new Surly Brewery
in the industrial park northwest of MN 280 and University Avenue in Minneapolis. These businesses have
numerous truck docks for the regional private distributers and outdoor equipment for the delivery and
storage of their raw products. In the case of Surly, a number of their fermenters are also located outside.
Due to the industrial nature of these manufacturing facilities, staff proposes breweries as permitted uses in
the BP: Business Park, LI: Light Industrial and GI: General Industrial zoning districts. If these breweries
wished to have restaurants or entertainment like the new Surly Brewery, staff proposes that the brewery
would need to request a planned unit development (PUD) zoning. This would allow flexibility for the
individual business needs.
Brew-on-Premise and Wine-on-Premise Stores: A local example of this type of business is the Vine Park
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brewery equipment to produce beer. The customers come back about three weeks later to bottle and pick
up their beer to be consumed at home. Staff is proposing that brew and wine-on-premise stores be viewed
as any other retail store and staff is proposing to allow them as permitted uses in the DT: Downtown and C-
4: General Commercial zoning districts.
Brewpubs: A brewpub is a restaurant with a full liquor license that also produces their own beer on-site.
Twin City examples of brewpubs include the numerous Granite City restaurants, Rock Bottom Brewery in
Downtown Minneapolis, Town Hall Brewery on the West Bank, and Great Waters Brewery in Downtown
St. Paul. The State limits production to no more than 3,500 barrels, while most brewpubs produce much
less than that. Brewpubs are allowed to sell off-sale growlers for home consumption and most brewpubs do
not distribute to local bars or liquor stores.
Brewpubs function the same as any other sit down, full serve restaurants and therefore staff proposes to add
brewpubs into the existing zoning districts that allow eating and drinking establishments. Staff proposes to
allow micro-breweries as permitted uses in the DT: Downtown and C-4: General Commercial zoning
districts.
Distilleries: The State has recently begun to license distilleries based on production size as the State now
licenses breweries. Distilleries that produce less than 40,000 proof gallons annually (250,000 750 ml bottles
of 80 proof liquor) are proposed to be defined as a micro-distillery. The State Statute allows micro-
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distilleries to have a cocktail room to provide on-sale glasses of the liquor that they produce, but there is no
provision to allow off-sale liquor at a micro-distillery. Additionally, no establishment can hold both a
taproom and cocktail room.
Locally, there is the Bent Brewstillery in Roseville that is both a micro-brewery and micro-distillery and
similarly Steel Toe micro-brewery in St. Louis Park shares a facility with Millers and Saints micro-distillery.
Both businesses have a taproom for the micro-brewery and therefore do not have a cocktail room. Loon
Liquor is Northfield is considering a cocktail room, but the majority of their sales is through self-distribution
of their liquor to local bars and liquor stores. Staff anticipates that the micro-distillery impacts are similar to
a micro-brewery and therefore staff proposes to allow micro-breweries as permitted uses in the DT:
Downtown, C-4: General Commercial, BP: Business Park and LI: Light Industrial zoning districts.
Full distilleries (greater than 40,000 proof gallons annually) function similar to full breweries and therefore
staff proposes breweries as permitted uses in the LI: Light Industrial and GI: General Industrial zoning
districts.
Wineries: State Statute allows farm wineries on property where the alcoholic beverages (wine, cider and/or
brandy) are produced with the majority of the ingredients produced on-site. Farm wineries are allowed to
sell their products both on-sale and off-sale at the farm. A local example of farm wineries includes the
Alexis Bailly Vineyards outside of Hastings.
Farm wineries often have other ancillary uses such as event spaces, restaurants or even micro-breweries or
micro-distilleries. Schram Vineyards Winery and Brewery outside of Waconia is both a farm winery and a
micro-brewery. Staff proposes to allow farm wineries as a conditional use in the AG: Agricultural zoning
district. Golf courses are currently allowed as conditional uses in the AG: Agricultural zoning district and it
is common that golf courses include event spaces and restaurants. Similarly, staff is proposing to allow
event spaces, restaurants, micro-breweries and micro-breweries at a farm winery, but not as separate stand-
alone businesses. Micro-breweries and micro-
climate would allow all the ingredients to be grown that are needed for beer or whiskey production.
Staff is taking this opportunity to correct and update other sections of the Zoning Ordinance related to
alcohol production outside of the uses within the zoning districts.
Definitions: Staff is adding definitions for all the alcoholic beverage producers and facilities discussed
above.
Remove General Manufacturing Definition: In 2006 and 2007, the City amended its Zoning Ordinances
regarding industrial uses that created Light Manufacturing, Medium Manufacturing and Heavy
Manufacturing definitions to make the LI: Light Industrial, GI: General Industrial and HI: Heavy Industrial
zoning districts. At that time, there was an existing includes
the definition was not removed from the Zoning Ordinance. Staff is proposing to remove the
e Zoning Ordinance because it is no longer needed and would
confuse the other definitions of alcoholic beverage productions proposed to be added with this amendment.
Removing Uses in the C-3 and BP Districts: The C-3: Highway Commercial and the BP: Business Park
districts are intended for business that combine retail with manufacturing or repair. These districts are not
intended to be used for true retail or entertainment business. For this reason, staff has proposed to remove
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restaurants, hotels and theaters from the C-3 district and only allowing restaurants in the BP district if they
are associated with a hotel.
Parking: Parking standards will need to be added to the Zoning Ordinance to address breweries, distilleries,
taprooms and cocktail rooms. Taprooms and cocktail rooms function similar to restaurants and bars,
therefore staff is proposing to add them to the same parking standard of one (1) parking stall per three (3)
seats.
Breweries, distilleries, and farm wineries are a mix of manufacturing and warehousing. The production of
beer, wine, or liquor is manufacturing, but all three productions need to age and/or ferment before the can
be packaged. For that reason, the one (1) parking stall per 300 square feet of manufacturing would require
excess parking while the one (1) parking stall per 2,000 square feet of warehousing would be grossly deficient
for parking. Staff proposes to require one (1) stall per 500 square feet of brewery, distillery or winery. This
is the same standard as Shakopee has adopted.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council approve the
Ordinance allowing Alcoholic Beverage Production Establishments.
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City of Rosemount
Ordinance No. B-
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGE PRODUCTION
ESTABLISHMENTS; AMENDING ROSEMOUNT CITY CODE SECTIONS 11-1-4,
11-4-1; 11-4-11, 11-4-13, 11-4-14, 11-4-15; 11-4-15-1, 11-4-16 AND 11-6-1
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled ÑCity of Rosemount Zoning Ordinance,Ò is
hereby amended as follows:
Section 1. The Rosemount City Code, Section 11-1-4: DEFINITIONS is amended as follows:
BREW-ON-PREMISES STORE: A facility that provides the ingredients and equipment for a
customer to use to brew malt liquor at the store as regulated by Minnesota Statutes, as may be
amended.
BREWERY: A facility that produces more than twenty thousand (20,000) barrels of malt liquor in a
calendar year as regulated by Minnesota Statutes, as may be amended.
BREWERY, MICRO: A facility that produces not more than thirty five hundred (3,500) barrels of
malt liquor in a calendar year as regulated by Minnesota Statutes, as may be amended.
BREWERY, SMALL: A facility that produces not more than twenty thousand (20,000) barrels of
malt liquor in a calendar year as regulated by Minnesota Statutes, as may be amended.
BREWPUB: A restaurant with a micro-brewery use operated on the same premises as the restaurant.
COCKTAIL ROOM: An area within a micro-distillery, or a premise adjacent to the micro-distillery
and under the same ownership as the micro-distillery, that provides the on-sale of the distilled liquor
produced by the micro-distillery.
DISTILLERY: A facility that produces distilled spirits as regulated by Minnesota Statutes, as may be
amended.
DISTILLERY, MICRO: A facility that produces not more than forty thousand (40,000) proof
gallons of distilled spirits in a calendar year as regulated by Minnesota Statutes, as may be amended.
FARM WINERY: A winery operated by the owner of a Minnesota farm with a majority of the
ingredients produced on the premises as regulated by Minnesota Statutes, as may be amended.
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MANUFACTURING, GENERAL: All manufacture, compounding, processing, packaging,
treatment or assembly of products and materials that may emit objectionable and offensive
influences beyond the lot on which the use is located. Such uses include, but are not limited to:
sawmills; refineries; commercial feedlots; acid; cement; explosives; flour, feed, and grain milling or
storage; meatpacking and slaughterhouses; coal or tar asphalt distillation; rendering of fat, grease,
lard or tallow; alcoholic beverages; poisons; exterminating agents; glue or size; lime; gypsum; plaster
of paris; tanneries; automobile parts; paper and paper products; glass; chemicals, crude oil and
petroleum products including storage; electric power generation facilities; vinegar works; junkyard;
auto reduction yard; foundry forge; casting of metal products; rock, stone, cement products; and all
uses permitted in the GI general industrial district.
TAPROOM: An area within a micro-brewery, small brewery or brewery; or a premise adjacent to
the micro-brewery, small brewery or brewery and under the same ownership as the micro-brewery,
small brewery or brewery; that provides the on-sale of the malt liquor produced by the micro-
brewery, small brewery or brewery.
WINE-ON-PREMISES STORE:A facility that provides the ingredients and equipment for a
customer to use to produce wine at the store as regulated by Minnesota Statutes, as may be
amended.
Section 2. The Rosemount City Zoning Code, Section 11-4-1: AG AGRICULTURAL DISTRICT
is amended as follows:
D. Conditional Uses: The following uses are conditional uses in the AG district, and are subject to
the conditional use permit provisions outlined in this title:
Farm wineries, including event spaces, micro-breweries, micro-distilleries, winery-
associated retail and restaurants without drive-through facilities, subject to the following:
1.The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public rights of way. No loading docks or overhead vehicle doors
shall be on a side abutting any public rights of way or any residential use or district.
2.The principal building shall be the primary source for screening of the loading area
or any required outdoor equipment.
3.All drives, loading and parking areas for the farm winery and associated uses shall be
paved with a concrete or bituminous surface including concrete curbing.
4.Pedestrian circulation between the parking area and the farm winery and associated
uses shall be provided through sidewalks at least 5 feet in width and paved with
concrete, bituminous, pavers or similar hardscape.
5.Outdoor seating is subject to the performance standards outlined for outdoor
seating City Code Sections 3-1-16 and 11-4-14D.
Section 3. The Rosemount City Zoning Code, Section 11-4-11: DT DOWNTOWN DISTRICT is
amended as follows:
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B. Permitted Uses: The following uses are permitted uses in the DT district:
Brew-on-Premises and Wine-on-Premises Stores.
Brewpubs.
Micro-breweries, including taprooms.
Micro-distilleries, including cocktail rooms.
Section 4. The Rosemount City Zoning Code, Section 11-4-13: C-3 HIGHWAY DISTRICT is
amended as follows:
B. Permitted Uses: The following uses are permitted uses in the C-3 district:
Eating and drinking establishments without drive-through facilities.
Hotels and motels.
Theaters.
D. Conditional Uses: The following uses are conditional uses in the C-3 district, and are subject to
the conditional use permit provisions outlined in this title:
Small breweries, including taprooms, subject to:
1.The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public rights of way. No loading docks or overhead vehicle doors
shall be on a side abutting any public rights of way or any residential use or district.
2.The principal building shall be the primary source for screening of the loading area
or any required outdoor equipment.
3.Outdoor seating is subject to the performance standards outlined in this subsection
for outdoor seating and City Code Section 3-1-16.
Section 5. The Rosemount City Zoning Code, Section 11-4-14: C-4 GENERAL COMMERCIAL
DISTRICT is amended as follows:
B. Permitted Uses: The following uses are permitted uses in the C-4 district:
Brew-on-Premises and Wine-on-Premises Stores.
Brewpubs, excluding drive-through facilities.
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Micro-breweries, including taprooms.
Micro-distilleries, including cocktail rooms.
D. Conditional Uses: The following uses are conditional uses in the C-4 district, and are subject to
the conditional use permit provisions outlined in this title:
Drive-through facilities for brewpubs, restaurants, banks, and other similar uses.
Small breweries, including taprooms, subject to:
1.The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public rights of way. No loading docks or overhead vehicle doors
shall be on a side abutting any public rights of way or any residential use or district.
2.The principal building shall be the primary source for screening of the loading area
or any required outdoor equipment.
3.Outdoor seating is subject to the performance standards outlined in this subsection
for outdoor seating and City Code Section 3-1-16.
Section 6. The Rosemount City Zoning Code, Section 11-4-15: BP BUSINESS PARK DISTRICT
is amended as follows:
B. Permitted Uses: The following uses are permitted uses in the BP district:
Breweries and small breweries, including taprooms, subject to:
1.Outdoor seating is subject to the performance standards outlined for outdoor
seating City Code Sections 3-1-16 and 11-4-14D.
Micro-distilleries, including cocktail rooms, subject to:
1.Outdoor seating is subject to the performance standards outlined for outdoor
seating City Code Sections 3-1-16 and 11-4-14D.
D. Conditional Uses: The following uses are conditional uses in the BP district, and are subject to
the conditional use permit provisions outlined in this title:
Drive-through facilities for restaurants and banks, subject to the requirements of the C-3
district in subsection 11-4-13D of this chapter.
Eating and drinking establishments, without drive-through facilities.
Hotels and motels, including restaurants located within, attached or adjacent to the hotel or
motel.
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Section 7. The Rosemount City Zoning Code, Section 11-4-15-1: LI LIGHT INDUSTRIAL
DISTRICT is amended as follows:
B. Permitted Uses: The following uses are permitted uses in the LI district:
Breweries and small breweries, including taprooms, subject to:
1.Outdoor seating is subject to the performance standards outlined for outdoor
seating City Code Sections 3-1-16 and 11-4-14D.
Distilleries
Micro-distilleries, including cocktail rooms, subject to:
1.Outdoor seating is subject to the performance standards outlined for outdoor
seating City Code Sections 3-1-16 and 11-4-14D.
Section 8. The Rosemount City Zoning Code, Section 11-4-16: GI GENERAL INDUSTRIAL
DISTRICT is amended as follows:
B. Permitted Uses: The following uses are permitted uses in the GI district:
Breweries, including taprooms, subject to:
1.Outdoor seating is subject to the performance standards outlined for outdoor
seating City Code Sections 3-1-16 and 11-4-14D.
Distilleries
Section 9. The Rosemount City Zoning Code, Section 11-6-1: OFF STREET PARKING
REQUIREMENTS is amended as follows:
H. Off Street Parking Required: The minimum number of off street parking spaces required shall be
as follows:
Business Uses:
Breweries, distilleries and farm wineries 1 per 500 GFA
Restaurants, cafes, bars, cocktail rooms and taprooms 1 per 3 seats
Section 10. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
\[Underlined material is new. Stricken material is deleted.\]
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th
Adopted this 20 day of May, 2015 by the City Council of the City of Rosemount, Minnesota.
By:
William H. Droste, Mayor
ATTEST:
By:
Clarissa Hadler, City Clerk
Published in the Rosemount Town Pages the _____ of May, 2015.
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ORDINANCE NO. 877
AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO
CITY CODE SECTIONS11.02 (DEFINITIONS), 11.35 (NEIGHBORHOOD
COMMERCIAL), 11.36 (HIGHWAY BUSINESS), 11.37(COMMUNITY
COMMERCIAL), 11.40(CENTRAL BUSINESS DISTRICT), 11.42 (MAJOR
RECREATION), 11.44(LIGHT INDUSTRY), 11.46 (HEAVY INDUSTRY),11.47
(BUSINESS PARK),11.61 (PARKING), 11.87 (CONDITIONAL USE PERMIT
STANDARDS FOR BUSINESS ZONES), 11.88 (CONDITIONAL USE PERMIT
STANDARDS FOR INDUSTRY ZONES)
_____________________________________________________________________________
WHEREAS
, The City of Shakopee has proposed amendments to several sections of the
Zoning Ordinance regarding breweries, wineries, brewpubs, distilleries, and taprooms; and
WHEREAS
, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on November 7, 2013 at which time all persons present were given an
opportunity to be heard; and
WHEREAS
, the PlanningCommission recommended that City Code Sections11.02,
11.35, 11.36, 11.37, 11.40,11.4211.44, 11.46,11.47,11.61, 11.87, 11.88be amended to include
language pertaining to breweries, brewpubs, wineries, distilleries, tasting rooms and taprooms;
and
WHEREAS
, the City Council heard the matter at its meeting on December 3, 2013; and
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1–That City Code Chapter 11 (Zoning) is amended to add the language as follows:
Language which is underlined shall be added. Language which is struckthrough shall be deleted.
Section 11.02, (Definitions)
16. Brewery
: A facility that produces for sale beer, ale, or other beverages made from malt by
fermentation and containing not less than one-half of one percent alcohol by volume.
17. Brewpub
: A Small Brewery that operates a restaurant on the same premises as the brewery,
whose malt liquor production per calendar year may be limited by MN State Statute.
33. Distillery
: A facility that produces Ethyl Alcohol, hydrated oxide of ethyl, spirits of wine,
whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof,
for nonindustrial use.
43. Farm Winery
:A winery operated by the owner of a Minnesota farm and producing table,
sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority
of the ingredients grown or produced in Minnesota.A Farm Winery may include a tasting room.
81. Malt Liquor
:any beer, ale, or other beverage madefrom malt by fermentation and
containing not less than one-half of one percent alcohol by volume.
83. Micro-distillery
: A facility that produces Ethyl Alcohol, hydrated oxide of ethyl, spirits of
wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures
thereof, for nonindustrial usenot to exceed 40,000 proof-gallons per calendar year.
151. Small Brewery
: A brewery that produces no more than 20,000 barrels of malt liquor in a
calendar year.
158. Taproom
: An area for the on-sale consumption of malt liquor produced by the brewer for
consumption on the premises of or adjacent to one brewery location owned by the brewer. A
taproom may also include sales for off-premises consumption of malt liquor produced at the
brewery location or adjacent to the taproom and owned by the brewer for off-premises
consumption, packaged subject to MN Statute 340A.301, subdivision 7(b), or its successor.
159. Tasting Room, Winery / Distillery
: An area for the on-sale consumptionof distilled spirits
or wine produced on the premises of, or adjacent to one winery or one distillery and in common
ownership to the producer of the wine or distilled spirits. The tasting room area may include
sales for off premises consumption of products produced by the owner of the winery or distillery
location if permissible by state law. (Re-letter all entries accordingly).
Section 11.35, (Neighborhood Commercial, NC), Subd. 2(Permitted Uses)
I.) Brewpubs;
Section 11.35, (Neighborhood Commercial, NC), Subd. 3 (Conditional Uses)
L). Farm Wineries producing less than 50,000 gallons of wine per calendar yearwith tasting
rooms;
M.) Micro-Distillerieswith tasting rooms;
N.) Small Brewerieswith taprooms;
O.) Taprooms.(Re-letter all entries accordingly).
Section 11.36, (Highway Business, B-1), Subd. 2(Permitted Uses)
P.) Brewpubs;
Section 11.36, (Highway Business, B-1), Subd. 3 (Conditional Uses)
AC). Farm Wineries producing less than 50,000 gallons of wine per calendar year;
AD.)Micro-Distilleries;
AE.) Small Breweries;
AF.) Taprooms. (Re-letter all entries accordingly).
Section 11.37, (Community Commercial, CC), Subd. 2(Permitted Uses)
L.) Brewpubs
Section 11.37, (Community Commercial, CC), Subd. 3 (Conditional Uses)
N). Farm Wineries producing less than 50,000 gallons of wine per calendar year;
O.) Micro-Distilleries;
P.) Small Breweries;
Q.) Taprooms. (Re-letter all entries accordingly).
Section 11.40, (Central Busines District, B-3), Subd. 2(Permitted Uses)
O.) Brewpubs;
Section 11.40, (Central Business District, B-3), Subd. 3 (Conditional Uses)
N). Farm Wineries producing less than 50,000 gallons of wine per calendar yearwith tasting
rooms;
O.) Micro-Distillerieswith tasting rooms;
P.) Small Brewerieswith Taprooms (Re-letter all entries accordingly).
Section 11.42, (Major Recreation, MR), Subd. 2(Permitted Uses)
M.) Brewpubs;
Section 11.42, (Major Recreation, MR), Subd. 3 (Conditional Uses)
N). Farm Wineries producing less than 50,000 gallons of wine per calendar year;
O.) Micro-Distilleries;
P.) Small Brewerieswith Taprooms (Re-letter all entries accordingly).
Section 11.44, (Light Industry, I-1), Subd. 2(PermittedUses)
K.) Breweries;
L.) Distilleries;
M.) Wineries(Re-letter all entries accordingly).
Section 11.44, (Light Industry, I-1), Subd. 3(ConditionalUses)
S.) Taprooms;
T.) Winery / Distillery Tasting Rooms(Re-letter all entries accordingly).
Section 11.46, (Heavy Industry, I-2), Subd. 2(PermittedUses)
P.) Breweries;
Q.) Distilleries;
R.) Wineries(Re-letter all entries accordingly).
Section 11.46, (Heavy Industry, I-2), Subd. 3(ConditionalUses)
Q.) Taprooms;
R.) Winery / Distillery Tasting Rooms(Re-letter all entries accordingly).
Section 11.47, (Business Park, BP), Subd. 2(Permitted Uses)
K.) Breweries;
L.) Distilleries;
M.) Wineries(Re-letter all entries accordingly).
Section 11.47, (Business Park, BP), Subd. 3(Conditional Uses)
L.) Taprooms;
M.) Winery / Distillery Tasting Rooms(Re-letter all entries accordingly).
Section 11.61, (Parking),Subdivision 4E (Table 2) #3 (Business/ Industry)
a.) Breweries: 1 per 500 square feet of floor area, or employee on largest shift, whichever is
greater
b.) Brewpubs: 1 per 3 seats + 1 per 50 square feet of congregation area.
c.) Distilleries: 1 per 500 square feet of floor area, or employee on largest shift, whichever is
greater + 1 per 50 square feet congregation area.
d.) Wineries: 1 per 500 square feet of floor area, or employee on largest shift, whichever is
greater.
e.) Taprooms: 1 per 3 seats + 1 per 50 square feet of congregation area.
f.) Tasting Room, Winery / Distillery: 1 per 3 seats + 1 per 50 square feet of congregation area
Section 11.87, (Conditional Use Permit Standards for Business Zones), Subd. 2
Farm Wineries:
1.Waste products must be disposed of in a timely manner and in such a way to reduce
odors.
2.Outdoor seating areas are to operate no later than 10:00 p.m.
3.The operator must supply the Planning Department with annual production reports.
Micro-Distilleries:
1.Waste products must be disposed of in a timely manner and in such a way to reduce
odors.
2.Outdoor seating areas are to operate no later than 10:00 p.m.
3.The operator must supply the Planning Department with annual production reports.
Small Breweries:
1.Wasteproducts must be disposed of in a timely manner and in such a way to reduce
odors.
2.The operator must supply the Planning Department with annual production reports.
Taprooms:
1.On or Off premises sales require a liquor license.
2.Outdoor seating areas are to operate no later than 10:00 p.m.
Tasting Rooms, Winery / Distillery:
1.On or Off premises sales require a liquor license.
2.Outdoor seating areas are to operate no later than 10:00 p.m.
Section 11.88, (Conditional Use Permit Standards for Industry Zones), Subd. 2
Taprooms:
1.Taproom and retail areas must not exceed 25% of the floor area of the brewery operation.
2.On or Off premises sales require a liquor license.
3.Outdoor seating areas areto operate no later than 10:00 p.m.
Tasting Rooms, Winery / Distillery:
1.Tasting room and retail areas must not exceed 25% of the floor area of the operation.
2.On or Off premises sales require a liquor license.
3.Outdoor seating areas are to operate no later than 10:00 p.m.
Section 2. The City Council adopts the following findings of fact relating to the request to
modify the language in the City’s zoning ordinance regarding Landscape Services and
Contractors in the Highway Business Zone.
Criteria #1That the original zoning ordinance is in error;
Finding #1There has been no evidence that the original zoning classification is in error, the
proposed text amendment is for uses that aresimilar tosome of the existing
usespermitted by the zoning ordinance. The proposedtext amendment brings
clarity to the zoning ordinance for businesses that do not necessarily fit within
current classifications, and also provides defined quantities regulating the size of
facilities within commercial areas versus industrial areas.
Criteria #2That significant changes in community goals and policies have taken place;
Finding #2There have not been significant changes in community goals and policies,
however Shakopee has developed as a tourist destination and the proposed text
amendment allows for destination type businesses.
Criteria #3That significant changes in City-wide or neighborhood development patterns have
occurred;
Finding #3There has been no evidence presented that either city-wide or neighborhood
development patterns have changed. The proposed text amendment is foruses that
are similar to bars and restaurants or other currently permitted industrial uses.
Criteria #4That the Comprehensive Plan requires a different provision;
Finding #4The Comprehensive Plan does not require a different provision.
Section 3. Effective Date. This ordinance shall be in effect from and after the date of its
passage and publication.
Adopted in ___________ session of the City Council of the City of Shakopee, Minnesota held
this______ day of ____________, 2013.
_____________________________
Brad Tabke, Mayor
ATTEST:
__________________________
City Clerk
Published in the Shakopee Valley News on the _____ day of _____________, 2013.