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.
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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:
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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.