HomeMy WebLinkAbout5.c. PCExecSumm_North20_AMD CUP_04252023EXECUTIVE SUMMARY
Planning Commission Regular Meeting: April 25, 2023
Tentative City Council Meeting: May 16, 2023
AGENDA ITEM: 23-19-CUP Request by David Schmitz for
an amendment to the Conditional Use
Permit that was approved in 2020 for North
20 Brewing to extend the hours of
operation and to allow for outdoor live
music and food trucks on site.
AGENDA SECTION:
Public Hearing
PREPARED BY: Julia Hogan, Planner AGENDA NO. 5.c.
ATTACHMENTS: Site Location; Applicant Correspondence;
Previously Approved Conditional Use
Permit with Requested Amendments;
Aerial Image; Public Comments
APPROVED BY: AK
RECOMMENDED ACTION: Motion to recommend the City Council approve an
amendment to the existing Conditional Use Permit for North 20 Brewing located
at 12296 Bacardi Avenue to extend the hours of operation and to allow for outdoor live
music and food trucks on site, subject to conditions:
1.Conformance with all requirements of the original conditional use permit outlined in
Resolution 2020-75, excluding the conditions that are amended.
2.Food trucks that will be on site must comply with the Mobile Food Units Chapter of
the City’s Code.
3.The property will need to adhere to all noise requirements that are found within the
City’s Code.
SUMMARY
Property Owner and Applicant: David Schmitz
Location: 12266 Bacardi Avenue
Site Area in Acres: 2.5 Acres
Comprehensive Plan Designation RR – Rural Residential
Current Zoning: AG – Agriculture
The Planning Commission is being asked to consider a request by David Schmitz to amend the existing
Conditional Use Permit for North 20 Brewing that was approved by the City Council in 2020 to extend
the hours of operation and to allow for outdoor live music and food trucks on site. The Conditional Use
Permit that was approved for the microbrewery and taproom contained 17 conditions. The applicant is
looking at amending conditions 3 and 17 of the Conditional Use Permit. Condition 3 states “Hours of
operation shall be limited to the following: Monday-Thursday 4:00 PM to 9:00 PM; Friday 4:00 PM to
10:00 PM; Saturday 11:00 AM to 10:00 PM; Sunday 11:00 AM to 9:00 PM. On all days, the outdoor patio
shall be closed at the same time as the taproom.”. The applicant is looking to extend the current hours of
operation that are stated in condition 3 to Monday-Thursday 11:00 AM to 10:00 PM; Friday-Saturday
11:00 AM to 11:00 PM; Sunday 11:00 AM to 10:00 PM. Condition 17 states “Outdoor live music or on-
2
site food trucks are prohibited.” The applicant is requesting to amend this condition within the
Conditional Use Permit which would allow for outdoor live music and food trucks on site. If the 17th
condition is amended to allow for outdoor live music and food truck, there will still be provisions to allow
for both on site. Food trucks will need to adhere to the requirements of Mobile Food Units chapter of the
City Code. The property, including the use of outdoor live music, will need to comply with the noise
standards that are found within the City’s Code as well. The remaining conditions that are a part of the
existing conditional use permit will remain in effect and will be required to be complied with. Staff
recommends approval of the request, subject to the conditions outlined in the recommended action
section above.
BACKGROUND
In 2020, the applicant came forward to the City requesting a Conditional Use Permit, Simple Plat, and a
Variance to facilitate the construction of a microbrewery with taproom on land he owned in the AG-
Agricultural zoning district. The original subject parcel owned by the applicant is located at 12296 Bacardi
Avenue, which currently contains a single-family residential structure and a detached accessory building.
The applicant requested a simple plat to divide the 19.83-acre parcel into two separate lots so that the
microbrewery could be located on a separate parcel. The site is located a little more than one mile north of
Bonaire Path and ¼ mile south of 120th street on the eastern side of Bacardi Avenue. The site is split
between open fields and grass areas in the northern half of the property and heavily wooded areas
covering the southern portion of the property. The applicant proposed a 4,355 square feet microbrewery
designed to look like a rural structure complete with gabled barn-style roof, vertical siding panels, large
overhead doors and other decorative elements intended to mimic a barn or other agricultural structure.
The microbrewery was proposed to be located on a relatively flat portion of the site closer to Bacardi
Avenue and accessed via a new driveway off of Bacardi Avenue as well.
The microbrewery design showed that within the structure roughly half of the floor space would be
devoted to the brewing operation, which included fermentation tanks, coolers, and other brewing
equipment. The other portions of the operation included a bar and seating area for the taproom,
restrooms, meeting area, and kitchen. The applicant indicated that the kitchen would serve a limited menu
of food items (i.e. pizza and appetizers) to compliment the beer available for sale. The plans also included
an outdoor concrete patio in the northeast corner of the building which would provide an outdoor seating
area for patrons of the facility. The overall interior seating capacity was expected to be 89 persons, with an
additional 23 seats available in the patio area, which resulted in a parking requirement of 38 stalls
(including the brewery operations).
This item went in front of the Planning Commission at both the April and May 2020 meetings. During the
first meeting the Commissioners discussed the application and public hearing comments and stated that
they would like additional information from staff before moving forward. The second meeting included
staff addressing questions that the Commission had on the additional information. During that meeting
the applicant also expressed concern over the reduced hours of operation proposed by staff and asked the
Commission to consider later hours that would allow customers to take advantage of the longer daylight
hours during the summer months, particularly on the patio. The applicant explained their plans for the
property stating that they envisioned a small neighborhood brewery that is very family-friendly. The
Commission and applicant arrived at an agreement for hours of operation. After completing the review,
the Commission approved the requested variances and recommended approval of the Simple Plat and
CUP for the microbrewery. The Simple Plat and CUP for the proposed microbrewery was then approved
by the City Council at their June 2020 regular meeting.
Since the approval by the Council, the Microbrewery and taproom known as North 20 Brewing has
finished construction and opened to the public in July 2022.
3
Conditional Use Permit
Legal Authority
Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the City is acting as a
judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision
Ordinance are being followed. Generally, if the application meets these requirements it must be approved.
Purpose
The purpose of conditional use permits is to allow for those uses which are not generally suitable by right
within a given zoning district but may be suitable under some circumstances. The burden of
demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all
applicable standards lies with the applicant. In reviewing such applications, the city may attach reasonable
conditions necessary to mitigate anticipated adverse impacts associated with these uses, to protect the
value of other property within the district, and to achieve the goals and objectives of the comprehensive
plan and city code provisions.
As a Conditional Use, microbreweries are subject to the general CUP standards outlined in Section 11-10-7
and as well as the standards specific to AG-Agricultural zoning district for microbreweries. Below is a list
of the requirements for approving a conditional use permit and along with that are the findings that staff
found back in 2020 during the original CUP process along with updated information as well.
Review and Analysis (CUP Requirements and Findings)
1) Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the city.
Finding: The zoning ordinance allows certain specific activities that are more commercial in nature
within the AG – Agricultural zoning district and that allow a reasonable economic return on larger
parcels that have historically been used for farming activities but are no longer viable for such
activities. The site design and conditions of approval are intended to address any off-site impacts
from construction and operation of a microbrewery on the site. The brewing of beer and service
of food and beverages will take place entirely within enclosed structure except for an outdoor patio
facing away from the public street.
2) Will be harmonious with the objectives of the comprehensive plan and city code
provisions.
Finding: The site is guided for Rural Residential land uses, and the AG – Agricultural zoning
district is listed as an acceptable zoning for this land category. The Comprehensive Plan supports
activities that promote a reasonable economic return on larger agricultural properties outside of the
City’s MUSA boundary. The Plan further supports the expansion of restaurant and local shopping
opportunities within the community. The proposed microbrewery complies with all applicant site
and building design standards in the zoning ordinance.
3) Will be designed, constructed, operated and maintained so as to be compatible or similar
in an architectural and landscape appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area, nor substantially
diminish or impair property values within the neighborhood.
Finding: The microbrewery is designed to resemble an agricultural building, and will use
architectural features and elements that look like a historic farm out building
4) Will be served adequately by existing (or those proposed in the project) essential public
4
facilities and services, including streets, police and fire protection, drainage, structures,
refuse disposal, water and sewer systems and schools.
Finding: The site will be served with private well and septic systems designed to meet current
standards and appropriately sized for the expected uses.
5) Will not involve uses, activities, processes, material equipment, and conditions of
operation that will be hazardous or detrimental to any persons, property, or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Finding: All processing associated with the microbrewery will occur within an enclosed building,
and no external impacts, including noise, smoke, fumes, glare or odors are expected from the use.
6) Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
Finding: The use will generate additional truck and vehicular traffic, but not in a capacity that
would be substantially different from an active agricultural use. There is sufficient capacity along
Bacardi Avenue to handle additional traffic from the use. The applicant has designed the site to
comply with all parking and access spacing requirements.
7) Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of
major importance and will comply with all local, state, and federal environmental quality
standards.
Finding: The project will have little to no environmental impact, nor will it result in the
destruction, loss, or damage of any natural, scenic, or historic feature of major importance. The
site is located adjacent to the Wiklund Nature Preserve, but the microbrewery will be situated over
150 feet from this boundary and will leave existing trees along the northern property line in place
that will act as a buffer to the preserve.
The AG – Agriculture zoning district includes several specific requirements for microbreweries as follows:
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.
Finding: The building does not include a loading dock, and the pull up doors providing access to
the outdoor patio face away from the public street.
2) The principal building shall be the primary source for screening of the loading area or any
required outdoor equipment.
Finding: Other than the screened trash enclosure area, the applicant is not planning to install any
outdoor equipment or designate a loading area for the facility.
3) All drives, loading and parking areas for the microbrewery and associated uses shall be
paved with a concrete or bituminous surface including concrete curbing.
Finding: Staff included a condition of approval that required paving of the driveway and parking
lot at the time the City paved Bacardi Avenue in front of the use. The delay in paving is consistent
with the agricultural character of the area.
5
4) Pedestrian circulation between the parking area and the microbrewery and associated uses
shall be provided through sidewalks at least five feet (5') in width and paved with concrete,
bituminous, pavers or similar hardscape.
Finding: A concrete walkway connecting the parking lot, building, and outdoor patio was shown
on the development plans and has been installed.
5) 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.
Finding: The applicant will need to comply with these standards.
RECOMMENDATION
Staff recommends approval of an amendment to the existing conditional use permit for North 20 Brewing
located at 12266 Bacardi Avenue to extend the hours of operation from the current Monday-Thursday
4:00 PM to 9:00 PM; Friday 4:00 PM to 10:00 PM; Saturday 11:00 AM to 10:00 PM; Sunday 11:00 AM to
9:00 PM to Monday-Thursday 11:00 AM to 10:00 PM; Friday-Saturday 11:00 AM to 11:00 PM; Sunday
11:00 AM to 10:00 PM and to allow for outdoor live music and food trucks on site. Staff recommendation
of approval is based on the information provided by the applicant and reviewed within this report
From: schmitdl@frontiernet.net <schmitdl@frontiernet.net>
Sent: Monday, March 6, 2023 3:55 PM
To: Logan Martin <Logan.Martin@rosemountmn.gov>
Subject: North 20 Amendments to CUP
Good Afternoon Logan,
We would like to formally request two amendments to the terms of our conditional use permit.
1)We would like to be able to update our hours to the following:
Monday 11:00am-10:00pm
Tuesday 11:00am-10:00pm
Wednesday 11:00am-10:00pm
Thursday 11:00am-10:00pm
Friday 11:00am-11:00pm
Saturday 11:00am-11:00pm
Sunday 11:00am-10:00pm
We will likely have shorter hours than this the majority of the year but would like the ability to extend our hours if it
seems beneficial to do so.
2) We would like the ability to host live music at the brewery.
We appreciate you consideration of these updates.
Please let me know if you have any questions or require any additional information.
Thank you,
Christian Schmitz
North 20 Brewing Co
651-815-2541
From: schmitdl@frontiernet.net <schmitdl@frontiernet.net>
Sent: Friday, March 31, 2023 2:28 PM
To: Anthony Nemcek <Anthony.Nemcek@rosemountmn.gov>
Subject: North 20 CUP Amendment
Anthony,
We would like to have our conditional use permit amended to expand the hours we are able to be o pen to the public.
We feel it would be beneficial to be able to expand hours depending on the seasons to take advantage of the weather
and when people have time off during the year.
We would also like the ability to host live music as we have had a large number of patrons asking for this and we
feel it would be beneficial to the community to have this additional option for entertainment.
We appreciate your consideration of these amendments.
Thanks
Dave Schmitz
From: schmitdl@frontiernet.net
To: Julia Hogan
Subject: Re: North 20 CUP Amendment
Date: Tuesday, April 18, 2023 2:58:50 PM
Attachments: microsoftteams-image_ef2f6c6e-e43a-48ba-9790-ed6c40241373.png
Good afternoon Julia,
If you could add the ability to allow food trucks as part of the amendment that would be great. Thank you.
Dave Schmitz
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-75
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP)
FOR DAVID SCHMITZ TO ESTABLISH A MICROBREWERY AND ANCILLARY
TAPROOM ON LOT 1, BLOCK 1 OF THE NORTH 20 BREWERY ADDITION.
WHEREAS, the Community Development Department of the City of Rosemount received an
application from David Schmitz, 12296 Bacardi Avenue requesting a Conditional Use Permit (CUP)
to establish a microbrewery and ancillary taproom on Lot 1, Block 1 of the North 20 Brewery addition;
and
WHEREAS, on May 12, 2020, the Planning Commission of the City of Rosemount reviewed and
conducted a public hearing for the conditional use permit application of North 20 Brewery; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the conditional use permit application for North 20 Brewery with conditions; and
WHEREAS, on June 2, 2020, the City Council of the City of Rosemount reviewed the Planning
Commission recommendations for the conditional use permit.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the conditional use permit to establish a microbrewery and ancillary taproom on Lot 1,
Block 1 of the North 20 Brewery addition, subject to the following conditions:
1. Submission of updated grading, drainage, and erosion control plans and a storm water management
plan that reflects the updated site plan submitted for the May 12, 2020 Planning Commission meeting.
2. Installation of septic system designed by a licensed septic designer and meeting all applicable city and
county standards.
3. Hours of operation shall be limited to the following: Monday -Thursday 11:00 AM to 10:00 PM 4:00
PM to 9:00 PM; Friday-Saturday 11:00 AM to 11:00 PM 4:00 PM to 10:00 PM; Saturday 11:00 AM to
10:00 PM; Sunday 11:00 AM to 10:00 PM 11:00 AM to 9:00 PM. On all days, the outdoor patio shall
be closed at the same time as the taproom.
4. Secure a liquor license for the taproom and compliance with all City standards for the taproom as
regulated by the license.
5. Compliance with all requirements of the Building Official in a memorandum dated April 8, 2020.
6. All driveways and parking areas shall be capable of supporting access by emergency vehicles and
equipment.
7. The parking area shall comply with the minimum setback of 50 feet from the Bacardi Avenue right-
of-way.
8. The driveway and parking area shall be paved with concrete or bituminous surface at the time the city
paves Bacardi Avenue in front of the Microbrewery property at the owner’s expense. All parking stalls
shall be clearly marked to ensure the maximum capacity of the parking area is available for use at all
times.
9. No parking for patrons of the microbrewery is allowed along Bacardi Avenue or within surrounding
neighborhoods. Should parking problems occur at the site, the applicant will be required to expand
the on-site parking lot.
10. City may sign Bacardi Avenue for no parking if necessary.
11. The applicant shall designate an overflow parking area that may be used during peak visitation periods
above and beyond 4-proof of parking stalls depicted on site plan
2
12. Submission of a lighting plan that includes lighting at the driveway entrance and uses down cast
fixtures. All lighting shall comply with the City’s lighting requirements.
13. Submission of an updated landscape plan that meets the City’s minimum requirements for
commercial development (1 tree per 3,000 square feet of area) and that includes the required
foundation plantings. Additional plantings may be required along the western edge of the parking lot
to provide a fully screen the parking lot from Bacardi Avenue.
14. Compliance with the performance standards outlined for outdoor seating in section 3-1-14 and
subsection 11-4-14D of the City Code.
15. Submission of a dust control plan for the driveway and parking area.
16. The taproom operation shall operate in compliance with the City definition of a microbrewery which
means no more than 3,500 barrels of malt liquor can be produced in a calendar year and taproom
which means that sales are limited to the on-sale of the malt liquor produced by the brewery.
17. Outdoor live music or on-site food trucks are prohibited.
ADOPTED this 2nd day of June, 2020 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
September 2022 Aerial