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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