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HomeMy WebLinkAbout9.a. Zoning Ordinance Text Amendment making Breweries, Microdistilleries, and Wineries Conditional Uses in the BP-Business Park Zoning District and Making Agriculture an Accessory Use in that District EXECUTIVE SUMMARY City Council Regular Meeting: July 20, 2021 AGENDA ITEM: Zoning Ordinance Text Amendment making Breweries, Microdistilleries, and Wineries Conditional Uses in the BP- Business Park Zoning District and Making Agriculture an Accessory Use in that District AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.a. ATTACHMENTS: Ordinance; Excerpt from the June 22, 2021, Planning Commission meeting minutes. APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a zoning ordinance text amendment making Breweries, Microdistilleries, and Wineries Conditional Uses in the BP-Business Park Zoning District and Making Agriculture an Accessory Use in that District. SUMMARY Staff initiated this text amendment in anticipation of an application requesting approval to construct a winery on a parcel within the BP-Business Park zoning district. Currently, breweries and distilleries are permitted in the BP district, while farm wineries are limited to the AG district. It is staff’s understanding that the expectation when the code was adopted was that farm wineries would be largely agricultural in nature, but the reality is many wineries source much of their grapes from cooperatives and the production of wine is sometimes separate from the production of grapes. Therefore, wineries often produce only a portion of their grapes needed for the production of wine in vineyards located on site. In those cases, agriculture is an accessory use to the production of wine which is the principle use on the site. Many of the conditions that must be met by farm wineries within the AG district are already addressed in the site and building standards for the BP district. Therefore, those conditions listed AG district are not included in the proposed amendment to the text of the BP zoning district. Staff and the Planning Commission are also recommending the ordinance be amended to change breweries and microdistilleries from permitted uses to conditional uses. This is partly to ensure that those uses go through a public review process as site plan reviews of projects in the Business Park district can be approved administratively if all the requirements of the zoning ordinance are met. It also will ensure that those uses will not have adverse impacts on other uses within the business park due to the wide range of businesses that operate in that zoning district. Because it is also possible that an operator of a brewery or distillery may wish to grow some of their own hops or other ingredients, the amendment is proposing to include agriculture as an accessory use related to breweries, wineries, and micro-distilleries in the BP zoning district. Like other uses that are regulated by the state, a condition of approval by state regulatory agencies is that the proposed use is permitted by the City Code of the municipality in which the operation would be located. This issue came up recently with a dog kennel that was licensed by the State, but not allowed by the zoning ordinance. An amendment to the zoning ordinance was approved to allow for that use, which in turn made the operation eligible for licensing by the state. The anticipated winery use, and associated cultivation of grapes, must be allowed by the City Code in order to be eligible for licensing by the State to produce wine. 2 PLANNING COMMISSION ACTION The Rosemount Planning Commission reviewed the proposed zoning ordinance text amendment at a public hearing during its meeting on June 22, 2021. No public comments were received related to the text amendment. The commission inquired if this amendment would impact a recent approval for a similar use. Staff noted the provision within the City Code related to continuance of nonconforming uses. That approval was for a use in a different zoning district that isn’t affected by the text amendment. The Commission voted unanimously to recommend the City Council approve the zoning ordinance text amendment. TEXT AMENDMENT The BP-Business Park zoning district lists breweries and microdistilleries as permitted uses, but no mention is made of wineries. Because the impacts associated with breweries and microdistilleries are similar to those of a winery, staff believes it makes sense that wineries should be treated similarly to breweries and microdistilleries in the Business Park zoning district. Staff is recommending that all three uses be listed as conditional uses in the BP-Business Park zoning district. Additionally, because some cultivation of ingredients might occur on site, staff is recommending adding agriculture associated with breweries, microdistilleries, and wineries to the list of accessory uses in that district. Having agriculture as an accessory use ensures it remains subordinate to the principal use on a site, in this case a brewery, microdistillery, or winery. Staff is recommending the following amendments Section 11-1-4: Definitions TASTING ROOM: An area within a winery, or a premises adjacent to the winery and under the same ownership as the winery, that provides the on-sale of the wine produced by the winery. Section 11-4-15-B: Permitted Uses Breweries and small breweries, with or without associated taprooms, subject to: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3- 1-14 of this Code and subsection 11-4-14D of this chapter. Microdistilleries, with or without associated cocktail rooms, subject to: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3- 1-14 of this Code and subsection 11-4-14D of this chapter. Section 11-4-15-C: Accessory Uses Agriculture associated with breweries, microdistilleries, and wineries. Section 11-4-15-D: Conditional Uses Breweries and small breweries, with or without associated taprooms, food service and retail, subject to: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3- 1-14 of this Code and subsection 11-4-14D of this chapter. Microdistilleries, with or without associated cocktail rooms, food service and retail, subject to: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3- 1-14 of this Code and subsection 11-4-14D of this chapter. Wineries, with or without associated tasting rooms, food service and retail, subject to the following: 3 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3- 1-14 of this Code and subsection 11-4-14D of this chapter. CONCLUSION & RECOMMENDATION Staff and the Planning Commission recommend approval of the zoning ordinance text amendment making breweries, microdistilleries, and wineries conditional uses in the BP-Business Park zoning district and adds agriculture associated with breweries, microdistilleries, and wineries to the list of accessory uses in that zoning district. The amendment will also add tasting rooms to the list of definitions in section 11- 1-4. City of Rosemount Ordinance No. B-291 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO DEFINTIONS AND CONDITIONAL USES WITHIN BP- BUSINESS PARK ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11-1-4: Definitions TASTING ROOM: An area within a winery, or a premises adjacent to the winery and under the same ownership as the winery, that provides the on-sale of the wine produced by the winery. Section 2. Rosemount Zoning Ordinance B, Section 11-4-15-B: Permitted Uses Breweries and small breweries, with or without associated taprooms, subject to: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this Code and subsection 11-4-14D of this chapter. Microdistilleries, with or without associated cocktail rooms, subject to: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this Code and subsection 11-4-14D of this chapter. Section 3. Rosemount Zoning Ordinance B, Section 11-4-15-C: Accessory Uses Agriculture associated with breweries, microdistilleries, and wineries. Section 4. Rosemount Zoning Ordinance B, Section 11-4-15-D: Conditional Uses Breweries and small breweries, with or without associated taprooms, food service and retail, subject to: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this Code and subsection 11-4-14D of this chapter. Microdistilleries, with or without associated cocktail rooms, food service and retail, subject to: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this Code and subsection 11-4-14D of this chapter. Wineries, with or without associated tasting rooms, food service and retail, subject to the following: 1. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this Code and subsection 11-4-14D of this chapter. Section 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 20th day of July, 2021. CITY OF ROSEMOUNT ______________________ William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk EXCERPT FROM THE JUNE 22, 2021, PLANNING COMMISSION MEETING MINUTES 5.b. Zoning Ordinance Text Amendment making Breweries, Microdistilleries, and Wineries Conditional Uses in the BP – Business Park Zoning District and Making Agriculture an Accessory Use in that District. (21-26-TA) Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. Commissioner Rivera stated that the Planning Commission recently reviewed a similar project and questioned if this change would affect that project. Nemcek stated that the project would be able to continue as they are. The public hearing opened at 7:33 pm. Public Comments: None. MOTION by Kenninger to close the public hearing. Second by Reed. Ayes: 5. Nays: 0. Motion Passes. The public hearing closed at 7:34 pm. Additional Comments: None. MOTION by Marlow to recommend the City Council Approve the Text Amendment making Breweries, Microdistilleries, and Wineries Conditional Uses and Agriculture an Accessory Use in the BP – Business Park Zoning District and Adding Tasting Rooms to the Definitions Section. Second by Hebert. Ayes: 5. Nays: 0. Motion Passes.