HomeMy WebLinkAboutItem 08.bJuly 2, 2014
ZONING ORDINANCE AMENDMENT
JULY 7, 2014 CITY COUNCIL MEETING
Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance
amending Title 11 of the City Code (the Zoning Ordinance) and a summary ordinance for
publication concerning brewpubs and similar uses, as presented.
Passage of this motion will allow brew on premises, brewery, small brewery, brewpub,
distillery, micro -distillery, farm winery, tap room and tasting room uses in certain agricultural,
commercial and industrial zoning districts.
Overview
The Planning Commission and Planning Department staff recommends approval of the
attached ordinance amending the Zoning Ordinance to allow brew on premises, brewery,
small brewery, brewpub, distillery, micro -distillery, farm winery, tap room and tasting room
uses in certain agricultural, commercial and industrial zoning districts. The Planning
Commission held a public hearing on the proposed Zoning Ordinance amendment at their
June 19, 2014 meeting and unanimously recommended approval. There was public
comment from one resident seeking clarification on the proposed amendment.
Primary Issues to Consider
• What prompted this Zoning Ordinance amendment?
Supporting Information
• Staff analysis of primary issues
• Ordinance amending Title 11 of the City Code and summary ordinance for publication
• June 19, 2014 draft Planning Commission meeting minutes
•f\ June, 12,,2014 TPC memorandum, including a redlined version of the amendment
Daryl K*rey, Planyrirt Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
Zoning Ordinance Amendment
July 7, 2014 City Council Meeting
Page 2
Staff Analysis of Primary Issues
• What prompted this Zoning Ordinance amendment?
Community and Economic Development Department and Planning Department staff
initiated a review and discussion with the Planning Commission on the allowance of brew
on premises, brewery, small brewery, brewpub, distillery, micro -distillery, farm winery, tap
room and tasting room uses in certain agricultural, commercial and industrial zoning
districts at their March 20, 2014 work session. The review and discussion was initiated by
staff due to the increased in these types of businesses in the Twin Cities Metropolitan Area
and the response of other cities, not just Minneapolis and St. Paul, to allow these types of
uses in their city.
While Lakeville has yet to be approached by one of these businesses, the proposed
amendment is a proactive measure to get out in front of the growing interest in brewpub
type uses in the Twin Cities suburbs.
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to add following definitions:
BREW ON PREMISES: A facility that provides the ingredients and equipment for
a customer to use to brew malt liquor at the store. Alcoholic beverages may not
be sold or otherwise provided to customers of a brew on premises store, unless
the owner of the brew on premises store holds the appropriate liquor license.
Customers using the brew on premises store must be of the minimum age
required to purchase intoxicating liquor. Malt liquor brewed by a customer in the
store must not be sold and must be used by the customer solely for personal or
family use.
BREWERY: A facility that produces beer, ale or other beverages made from malt
by fermentation and containing not less than one-half of one percent alcohol by
volume.
BREWERY, SMALL: A brewery that produces not more than twenty thousand
(20,000) barrels of malt liquor in a calendar year as regulated by Minnesota
Statues, as may be amended.
BREWPUB: A small brewery with a restaurant use operated on the same
premises as the brewery.
DISTILLERY: A facility that produces ethyl alcohol, hydrated oxide of ethyl,
sprits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all
dilutions and mixtures thereof for non -industrial use.
FARM WINERY: A winery operated by the owner of a Minnesota farm producing
table, sparkling or fortified wines from grapes, grape juice, other fruit bases or
honey with a majority of the ingredients produced on the premises.
MICRODISTILLERY: A distillery producing premium, distilled spirits in total
quantity not to exceed forty thousand (40,000) proof gallons in a calendar year as
regulated by Minnesota Statues, as may be amended.
TAPROOM: An area for the on -sale consumption of malt liquor produced by the
brewer for consumption on the premises of a brewery or an abutting property in
common ownership of the brewer, which may include sales of malt liquor
produced and packaged at the brewery for off -premises consumption as allowed
by Minnesota Statutes, as may be amended.
TASTING ROOM: An area for the on -sale consumption of distilled spirits or
wine produced on the premises of or abutting a winery or distillery and in
common ownership to the producer, which may include sales of beverages
produced and packaged at the winery or distillery for off -premises consumption
as may be allowed by Minnesota Statutes as may be amended.
Section 2. Section 11-19-13 of the City Code (Off -Street Parking
Requirements — Minimum Spaces Required) is hereby amended to modify the
following existing requirement:
Restaurants, clubs, lodges,Fspa
space per 40 square feet of dining area and 1
brewpubs, taprooms, tasting rooms ce for each 80 square feet of kitchen area.
Section 3. Section 11-46-11 of the City Code (AP District Interim Uses)
is hereby amended to add the following provisions:
G. Farm wineries with tasting rooms.
Section 4. Section 11-47-9 of the City Code (RA District Interim Uses)
is hereby amended to add the following provisions:
G. Farm wineries with tasting rooms.
Section 5. Section 11-72-3 of the City Code (C-2 District Permitted
Uses) is hereby amended to add the following provisions:
S. Brew on premises.
T. Brewpub.
Section 6. Section 11-72-7 of the City Code (C-2 District Conditional
Uses) is hereby amended to add the following provisions:
V. Microdistilleries with tasting rooms.
W. Small breweries with tap rooms.
Section 7. Section 11-73-3 of the City Code (C-3 District Permitted
Uses) is hereby amended to add the following provisions:
R. Brew on premises.
S. Brewpub.
Section 8. Section 11-73-7 of the City Code (C-3 District Conditional
Uses) is hereby amended to add the following provisions:
U. Microdistilleries with tasting rooms.
V. Small breweries with tap rooms.
Section 9. Section 11-74-3 of the City Code (C -CBD District Permitted
Uses) is hereby amended to add the following provisions:
N. Brew on premises.
O. Brewpub.
Section 10. Section 11-74-7 of the City Code (C -CBD District Conditional
Uses) is hereby amended to add the following provisions:
U. Microdistilleries with tasting rooms.
V. Small breweries with tap rooms.
Section 11. Section 11-75-3 of the City Code (OP District Permitted
Uses) is hereby amended as follows:
E. Reserved.
3
Section 12. Section 11-75-3 of the City Code (OP District Permitted
Uses) is hereby amended to add the following provisions:
M. Microdistilleries with or without tasting rooms.
N. Small Breweries with or without Tap Rooms.
Section 13. Section 11-75-7 of the City Code (OP District Conditional
Uses) is hereby amended to add the following provisions:
M. Breweries and small breweries with or without taprooms.
N. Distilleries and micro distilleries with or without tasting rooms.
Section 14. Section 11-85-3 of the City Code (I -CBD District Permitted
Uses) is hereby amended to add the following provisions:
M. Microdistilleries with or without tasting rooms.
N. Small Breweries with or without tap Rooms.
Section 15. Section 11-86-3 of the City Code (1-1 District Permitted
Uses) is hereby amended to add the following provisions:
S. Breweries and small breweries.
T. Distilleries and microdistilleries.
Section 16. Section 11-86-7 of the City Code (1-1 District Conditional
Uses) is hereby amended to add the following provisions:
M. Taprooms accessory to a brewery or small brewery.
N. Tasting rooms accessory to a distillery or microdistillery.
Section 17. Section 11-87-3 of the City Code (1-2 District Permitted
Uses) is hereby amended to add the following provisions:
T. Breweries and small breweries.
U. Distilleries and microdistilleries.
2
Section 18. Section 11-87-7 of the City Code (1-2 District Conditional
Uses) is hereby amended to add the following provisions:
M. Taprooms accessory to a brewery or small brewery.
N. Tasting rooms accessory to a distillery or microdistillery.
Section 19. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this 7th day of July, 2014, by the City Council of the City of
Lakeville, Minnesota.
ATTEST:
CITY OF LAKEVILLE
L'yj
Matt Little, Mayor
Charlene Friedges, City Clerk
5
SUMMARY ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE)
OF THE LAKEVILLE CITY CODE
This ordinance amends Title 11 of the Lakeville City Code. Amendments have been
made to the following sections of Title 11 (the Zoning Ordinance) concerning brew on premises,
brewery, small brewery, brewpub, distillery, micro -distillery, farm winery, tap room, and tasting
room uses in certain agricultural, commercial and industrial districts:
Title 11 (Zoning Ordinance)
Chapter 2-3 (Definitions)
Chapter 19-13 (Off -Street Parking Requirements)
Chapter 46-11 (AP District Interim Uses)
Chapter 47-9 (RA District Interim Uses)
Chapter 72-3 (C-2 District Permitted Uses)
Chapter 72-7 (C-2 District Conditional Uses)
Chapter 73-3 (C-3 District Permitted Uses)
Chapter 73-7 (C-3 District Conditional Uses)
Chapter 74-3 (C -CBD District Permitted Uses)
Chapter 74-7 (C -CBD District Conditional Uses)
Chapter 75-3 (O -P District Permitted Uses)
Chapter 75-7 (O -P District Conditional Uses)
Chapter 85-3 (I -CBD District Permitted Uses)
Chapter 86-3 (I-1 District Permitted Uses)
Chapter 86-7 (I-1 District Conditional Uses)
Chapter 87-3 (I-2 District Permitted Uses)
Chapter 87-7 (I-2 District Conditional Uses)
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk's regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota this 7`t'
day of July, 2014.
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
Planning Commission Meeting Minutes, June 19, 2014 Page 5
Chair Lillehei indicated the public hearing will now move to Agenda Item S.B.
Mr. Licht stated that City staff had initiated a review of the allowance of brewpubs,
tap rooms, small breweries and similar uses within the City based on increased
interest in such businesses within the Twin Cities area and the response of other
cities to accommodate these uses within commercial and industrial zoning districts.
He indicated that the Planning Commission had an initial discussion of this issue at
their March 20, 2014 work session and directed City staff to draft amendments to the
Zoning Ordinance for further consideration at a public hearing.
Mr. Licht stated that brewpubs, breweries, micro-distille :;'`distilleries and wineries
are all regulated under Minnesota Statutes 340A as t . ;volume of beverages that
may be 1) produced by the facilities, and 2) sold on - of the premises.
Mr. Licht reviewed the definitions of these fa ' s based on xisting definitions
outlined by State Statute for consistency ommon urs g of the uses
being regulated both by the State and rough the Zoning O nce. These
definitions are included in the June 12, 2 ,_,Manning _ .
Mr. Licht reviewed the zoning districts theseN
City staff proposes to allow th ivities as
which are listed in the June 12, Wing
Mr. Licht stated that the allowance
retail service busi uld be
district in which t 're Ici d. He
the off-street D g requir nts in
include brew taproo nd ta:
uses.
s will be allowed and whether
a permitted or conditional use,
oh beverage production and
rformance standards of the
that ity staff is proposing to amend
11-19-13 of the Zoning Ordinance to
ns within the category of restaurant
fheeping
i$' ed the draft Zoning Ordinance amendment includes one
cion. _ stated that commercial recreation is currently listed
permitte a an a conditional use within the OP District. The intent is
uses be al d as nditional use subject to the performance standards
Section 11-7.A of the Zoning Ordinance. The draft Zoning Ordinance
amendnm - t includes :tion of commercial recreation as a permitted use in the OP
District. `
Chair Lillehei a t d`for any comments from the audience.
Comments from the audience.
Robert Powell, 11774 -205th Street W.
Mr. Powell stated that the amendment doesn't say if this amendment is only
for commercial establishments. If he has a winery on his farm, does the
proposed amendment impact him?
Planning Commission Meeting Minutes, June 19, 2014
Page 6
Mr. Licht stated that the proposed amendment addresses commercial on -sale and
off -sale liquor activities regulated under State Statute and would not affect someone
producing wine or beer on their property for their own consumption.
Motion was made by Reuvers, seconded by Boerschel to close the public
hearing at 6:54 p.m.
Ayes: Lillehei, Reuvers, Maguire, Boerschel.
Nays: 0
Chair Lillehei asked for comments from the Planningemission. Discussion
points included: -:11- ._
• Chair Lillehei asked if an existing restauraeta
1 1]
beer inside their building. Mr. Licht indic9 t the
• Would there be a requirement that ain portion
sales be for food? Mr. Licht state this is addre:
Under the Surly Law, tap rooms asting rooms are
requirement.
• The Planning Commission concurre tF
and will be a nice ame for the re
appreciation for staffL, oactive o
businesses like these t Lake%
thanked Mr. Licht and City ff fo or
be allowed to brew
ild.
n establishment's
State Statute.
.e , om the food
s a very positive amendment
of Lakeville. They expressed
is issue so as to encourage
W
W
The Planning Commission
amendment.
Motion was mad uire, by'llf#wers to recommend to City
Council approva a Zo Ordin x amendment to allow brew on premises,
brewery, sma I ery, bre ub, disti , micro -distillery, farm winery, tap room,
and tasting rd mouses in : ain agnc ��al, commercial or industrial district, as
presented.
Ay e' ag Soerschel, Lillehei
0 aaF �~•!s..
4c
Th Y# eing no furth =£ usineh the meeting was adjourned at 6:57 p.m.
,k
Respect ily submitte .a
Penny Brevig, Recording Secretary
ATTEST:
Brooks Lillehei, Chair
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCg Plan ni ngCo. corn
MEMORANDUM
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 12 June 2014
RE: Lakeville — Zoning Ordinance; Brewpubs/Tap Rooms
TPC FILE: 135.01 —14.01
BACKGROUND
1temNo,'!D'b_
The Community and Economic Development Department and Planning Department
have initiated a review of the allowance of brewpubs, tap rooms, small breweries and
similar uses within the City of Lakeville based on increased interest in such businesses
within the Twin Cities Metropolitan Area and the response of other cities to
accommodate these uses within commercial and industrial zoning districts. The
Planning Commission had an initial discussion of the issue at a work session on 20
March 2014 and directed City staff to proceed with drafting amendments to the Zoning
Ordinance for further consideration at a public hearing.
Exhibits:
A. Draft Zoning Ordinance amendment
B. 20 March 2014 Planning Commission work session minutes
ANALYSIS
Uses. Brewpubs, breweries, micro -distilleries, distilleries and wineries are all regulated
under Minnesota Statues 340A as to the volume of beverages that may be 1) produced
by the facilities and 2) sold on or off-site of the premises. An on -sale, off -sale or
special purpose liquor license would need to be obtained for any of these businesses to
operate within the City, which would be coordinated through the City Clerk. Minnesota
Statutes has allowed for brewpubs to have a liquor license for sale of alcoholic
beverages produced and consumed on site as the business also sold food the same as
a restaurant. Minnesota Statues 340A were amended in 2011 to allow breweries to
have on-site tap rooms and off -sale products. Distilleries are currently not allowed to
have on or off sale liquor except for sampling in limited amounts but have been included
in the proposed amendment in anticipation of possible future amendments to Minnesota
Statutes. City staff proposes to define these facilities based on the existing definitions
outlined by State Statute for consistency and common understanding of the uses being
regulated both by the State and City through the Zoning Ordinance:
BREW ON PREMISES: A facility that provides the ingredients and equipment
for a customer to use to brew malt liquor at the store. Alcoholic beverages may
not be sold or otherwise provided to customers of a brew on premises store,
unless the owner of the brew on premises store holds the appropriate liquor
license. Customers using the brew on premises store must be of the minimum
age required to purchase intoxicating liquor. Malt liquor brewed by a customer in
the store must not be sold and must be used by the customer solely for personal
or family use.
■ BREWERY: A facility that produces beer, ale or other beverages made from malt
by fermentation and containing not less than one-half of one percent alcohol by
volume.
■ BREWERY, SMALL: A brewery that produces not more than twenty thousand
(20,000) barrels of malt liquor in a calendar year as established by Minnesota
Statutes, as may be amended.
■ BREWPUB: A small brewery with a restaurant use operated on the same
premises as the brewery.
■ DISTILLERY: A facility that produces ethyl alcohol, hydrated oxide of ethyl,
sprits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all
dilutions and mixtures thereof for non -industrial use.
■ FARM WINERY: A winery operated by the owner of a Minnesota farm producing
table, sparkling or fortified wines from grapes, grape juice, other fruit bases or
honey with a majority of the ingredients produced on the premises.
■ MICRODISTILLERY: A distillery producing premium, distilled spirits in total
quantity not to exceed forty thousand (40,000) proof gallons in a calendar year as
established by Minnesota Statutes, as may be amended.
■ TAPROOM: An area for the on -sale consumption of malt liquor produced by the
brewer for consumption on the premises of a brewery or an abutting property in
common ownership of the brewer, which may include sales of malt liquor
produced and packaged at the brewery for off -premises consumption as allowed
by Minnesota Statutes, as may be amended.
■ TASTING ROOM: An area for the on -sale consumption of distilled spirits or
wine produced on the premises of or abutting a winery or distillery and in
common ownership to the producer, which may include sales of beverages
2
produced and packaged at the winery or distillery for off -premises consumption
as may be allowed by Minnesota Statutes, as may be amended.
Zoning Districts. City staff proposes to make allowance for uses combining the
production of alcoholic beverages with on -sale and off -sale activities as either a
permitted or conditional use in the following zoning districts:
Farm wineries would be allowed within the rural zoning districts of the City as interim
uses in anticipation that the property may at some point be included within the Municipal
Urban Service Area and guided for urban land uses. There is also the need to ensure
that a farm winery use will have adequate access in terms of public streets and other
City infrastructure needed to support a use with a commercial element in a rural area.
The C-2 and C-3 Districts allow a broad range of retail and service commercial
businesses. The C -CBD District provides a desirable character and destination -type
location that may be attractive to these businesses. Allowance of Brew on Premises
stores and brewpubs within these districts as permitted uses is consistent with the intent
of these zoning districts and would be compatible with other permitted uses in the same
district.
Small breweries with tap rooms and micro -distilleries with tasting rooms, with production
and sales limited by Minnesota Statutes, are proposed to be allowed as conditional
uses in the C-2, C-3 and C -CBD Districts given their more industrial nature but with an
inherent commercial attraction. The conditional use process will allow the City to review
the location of a proposed small brewery or micro -distillery to ensure compatibility with
existing and proposed surrounding land uses, adequate access and adequate
infrastructure to serve such uses. The same uses are proposed to be allowed as
permitted uses in the OP and I -CBD Districts based on the transitional nature and
higher amenities of the OP District and the limited scope of the I -CBD District within
Downtown Lakeville that would be anticipated to be desirable for such a business
location.
Finally, small breweries with tap rooms and micro -distilleries with tasting rooms would
be conditional uses in the 1-1 and 1-2 District again to ensure compatibility of the use at
a proposed location but from the perspective of introducing a retail/service business
within an industrial area. Breweries and distilleries with production not limited by
Minnesota Statutes would be allowed as a conditional use with the OP District based on
the other lower intensity uses allowed in this zoning district and the need to consider
compatibility and infrastructure capacity for a proposed location. Breweries and
3
AP R -A C-2
C-3
C -CBD
OP
I -CBD 1-1
1-2
Farm winery with tasting room
I I
Brew on Premises
P
P
P
Brewpub
P
P
P
Small Breweries w/ tap room
C
C
C
P
P C
C
Micro Distilleries w/ tasting room
C
C
C
P
P C
C
Breweries
C
P
P
Distilleries
C
P
P
Farm wineries would be allowed within the rural zoning districts of the City as interim
uses in anticipation that the property may at some point be included within the Municipal
Urban Service Area and guided for urban land uses. There is also the need to ensure
that a farm winery use will have adequate access in terms of public streets and other
City infrastructure needed to support a use with a commercial element in a rural area.
The C-2 and C-3 Districts allow a broad range of retail and service commercial
businesses. The C -CBD District provides a desirable character and destination -type
location that may be attractive to these businesses. Allowance of Brew on Premises
stores and brewpubs within these districts as permitted uses is consistent with the intent
of these zoning districts and would be compatible with other permitted uses in the same
district.
Small breweries with tap rooms and micro -distilleries with tasting rooms, with production
and sales limited by Minnesota Statutes, are proposed to be allowed as conditional
uses in the C-2, C-3 and C -CBD Districts given their more industrial nature but with an
inherent commercial attraction. The conditional use process will allow the City to review
the location of a proposed small brewery or micro -distillery to ensure compatibility with
existing and proposed surrounding land uses, adequate access and adequate
infrastructure to serve such uses. The same uses are proposed to be allowed as
permitted uses in the OP and I -CBD Districts based on the transitional nature and
higher amenities of the OP District and the limited scope of the I -CBD District within
Downtown Lakeville that would be anticipated to be desirable for such a business
location.
Finally, small breweries with tap rooms and micro -distilleries with tasting rooms would
be conditional uses in the 1-1 and 1-2 District again to ensure compatibility of the use at
a proposed location but from the perspective of introducing a retail/service business
within an industrial area. Breweries and distilleries with production not limited by
Minnesota Statutes would be allowed as a conditional use with the OP District based on
the other lower intensity uses allowed in this zoning district and the need to consider
compatibility and infrastructure capacity for a proposed location. Breweries and
3
Distilleries would be allowed within the 1-1 and 1-2 Districts as permitted uses given that
they are essentially production and distribution facilities consistent with other industrial
uses allowed as permitted uses in these districts and taprooms or tasting rooms would
be allowed as conditional uses.
Performance Standards. Allowance of the various alcoholic beverage production and
retail service businesses would be subject to the performance standards of the district in
which they are located to include, but not limited to, lot requirements and setbacks,
screening and landscaping, signs, exterior building materials and the like. City staff is
proposing to amend the off-street parking requirements in Section 11-19-13 of the
Zoning Ordinance to include brewpubs, taprooms and tasting rooms within the category
of restaurant uses. The off-street parking requirement for the production element of the
business would be considered under the standard applicable for manufacturing or
warehouse uses already established in Section 11-19-13 of the Zoning Ordinance.
OP District Commercial Recreation. The draft Zoning Ordinance amendment
includes one housekeeping provision. City staff noted that commercial recreation was
listed both as a permitted use and as a conditional use within the OP District. The
intent is that such uses be allowed as a conditional use subject to the performance
standards listed in Section 11-75-7.A of the Zoning Ordinance. The draft Zoning
Ordinance amendment includes deletion of commercial recreation as a permitted use in
the OP District.
CONCLUSION
A public hearing is has been noticed for 19 June 20114 to consider an ordinance
amending the Zoning Ordinance to allow for brewpubs, microbreweries with tap rooms,
farm wineries and micro distilleries with tasting rooms and breweries and distilleries as
allowed uses within various zoning districts. City staff recommends approval of the
proposed ordinance amendment in the form attached hereto.
C. Steven Mielke, City Administrator
David Olson, Community and Economic Development Director
Roger Knutson, City Attorney
4
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to add following definitions:
BREW ON PREMISES: A facility that provides the ingredients and equipment for
a customer to use to brew malt liquor at the store. Alcoholic beverages may not
be sold or otherwise provided to customers of a brew on premises store. unless
the owner of the brew on premises store holds_ the appropriate liquor license.
Customers., using the brew on premises store must be of the minimum ape
required to purchase intoxicating liquor. Malt liquor brewed by a customer in the
store must not be sold and must be used by the customer solely for personal or
family use.
BREWERY: A facility that produces beer, ale or other beverages made from malt
by fermentation and containing not less than one-half of one percent alcohol by
volume.
BREWERY. SMALL: A brewery that produces not more than twenty thousand
(20.000) barrels of malt liquor in a calendar year as regulated by Minnesota
Statues, as may be amended.
BREWPUB: A small brewery with a restaurant use operated on the same
premises as the brewery.
DISTILLERY: A facility that produces ethyl alcohol, hydrated oxide of ethyl.
sprits of wine, whiskey, rum, brandy, gin. or other distilled spirits, including all
dilutions and mixtures thereof for non -industrial use.
FARM WINERY: A winery operated by the owner of a Minnesota farm producing
table, sparkling or fortified wines from grapes, grape juice, other fruit bases or
honey with a majority of the ingredients produced on the premises.
EXHIBIT A
MICRODISTILLERY: A distillery producing premium, distilled spirits in total
quantity not to exceed forty thousand (40.000) proof gallons in a calendar year as
regulated by Minnesota Statues, as may be amended.
TAPROOM: An area for the on -sale consumption of malt liquor produced by the
brewer for consumption on the premises of a brewery or an abutting property in
common ownership of the brewer, which may include sales of malt liquor
produced and packaged at the brewery for off -premises consumption as allowed
by Minnesota Statutes, as may be amended.
TASTING ROOM: An area for the on -sale consumption of distilled spirits or
wine produced on the premises of or abutting a winery or distillery and in
common ownership to the producer, which may include sales of beverages
produced and packaged at the winery or distillery for off -premises consumption
as may be allowed by Minnesota Statutes as may be amended.
Section 2. Section 11-19-13 of the City Code (Off -Street Parking
Requirements — Minimum Spaces Required) is hereby amended to modify the
following existing requirement:
Restaurants, clubs, lodges, 1 space per 40 square feet of dining area and 1
brewpubs, taprooms, tasting rooms space for each 80 square feet of kitchen area.
Section 3. Section 11-46-11 of the City Code (AP District Interim Uses)
is hereby amended to add the following provisions:
G. Farm wineries with tasting rooms.
Section 4. Section 11-47-9 of the City Code (RA District Interim Uses)
is hereby amended to add the following provisions:
G. Farm wineries with tasting rooms.
Section 5. Section 11-72-3 of the City Code (C-2 District Permitted
Uses) is hereby amended to add the following provisions:
S. Brew on premises.
T. Bmmub.
Section 6. Section 11-72-7 of the City Code (C-2 District Conditional
Uses) is hereby amended to add the following provisions:
V. Microdistilleries with tasting rooms.
W. Small breweries with tap rooms.
Section 7. Section 11-73-3 of the City Code (C-3 District Permitted
Uses) is hereby amended to add the following provisions:
R. Brew on premises.
S. Brewpub,
Section 8. Section 11-73-7 of the City Code (C-3 District Conditional
Uses) is hereby amended to add the following provisions:
U. Microdistilleries with tasting rooms.
V. Small breweries with tap rooms.
Section 9. Section 11-74-3 of the City Code (C -CBD District Permitted
Uses) is hereby amended to add the following provisions:
N. Brew on premises.
O. Bmmub.
Section 10. Section 11-74-7 of the City Code (C -CBD District Conditional
Uses) is hereby amended to add the following provisions:
U. Microdistilleries with tasting rooms.
V. Small breweries with tap rooms.
Section 11. Section 11-75-3 of the City Code (OP District Permitted
Uses) is hereby amended as follows:
E. indooF Gemmerreal reGFeatmen. Reserved
Section 12. Section 11-75-3 of the City Code (OP District Permitted
Uses) is hereby amended to add the following provisions:
M. Microdistilleries with or without tasting rooms.
N. Small Breweries with or without Tan Rooms.
Section 13. Section 11-75-7 of the City Code (OP District Conditional
Uses) is hereby amended to add the following provisions:
M. Breweries and small breweries with or without taprooms.
N. Distilleries and micro distilleries with or without tasting rooms.
Section 14. Section 11-85-3 of the City Code (I -CBD District Permitted
Uses) is hereby amended to add the following provisions:
M. Microdistilleries with or without tastina rooms.
N. Small Breweries with or without tap Rooms.
Section 15. Section 11-86-3 of the City Code (1-1 District Permitted
Uses) is hereby amended to add the following provisions:
S. Breweries and small breweries.
T. Distilleries and microdistilleries.
Section 16. Section 11-86-7 of the City Code (1-1 District Conditional
Uses) is hereby amended to add the following provisions:
M. Taprooms accessory to a brewery or small brewery.
N. Tastina rooms accessory to a distillery or microdistillery.
Section 17. Section 11-87-3 of the City Code (1-2 District Permitted
Uses) is hereby amended to add the following provisions:
T. Breweries and small breweries.
U. Distilleries and microdistilleries.
4
Section 18. Section 11-87-7 of the City Code (1-2 District Conditional
Uses) is hereby amended to add the following provisions:
M. Taprooms accessory to a brewery or small brewery.
N. Tastina rooms accessory to a distillery or microdistillery.
Section 19. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this day of , 2014, by the City Council of the
City of Lakeville, Minnesota.
ATTEST:
CITY OF LAKEVILLE
L'Yj
Matt Little, Mayor
Charlene Friedges, City Clerk
5
Planning Commim m Wol* Sms� Minutes - Mari 20, 2014 Page 2
Frank psey indicated that City staff has received numerous requests over the past
few years Ilow the keeping of chickens in residential zoning districts. He stated that
the City Coun .scussed allowing chickens in residential districts at their February 20
work session and rred the item to the Planning Commission for discussion. The
City Council's intent is t City staff will draft an amendment to the Zoning Ordinance to
allow chickens in residents ning districts for consideration by the Planning
Commission and City Council. stated that chickens are defined in the Zoning
Ordinance as a farm animal and a lowed on farm properties in agricultural zoning
districts. He described the research h s conducted of other area cities that are
similar to Lakeville (the research findings a 'sted in Mr. Dempsey's March 14"' memo
to the Planning Commission).
Six of the seven Planning Commission members are o sed to allowing chickens in
residential districts because it could create land use confliThey stated that the
keeping of chickens is more appropriate in a rural setting than i in an urban area.
They indicated that Lakeville is unique and they don't think we sho Ilow chickens in
residential districts just because some of other cities are allowing them.
Commissioner Grenz stated if chickens are allowed in residential zoning disti
performance standards should include a minimum setback from an adjoining
well as coop size and setbacks.
Brewpubs
Daryl Morey stated that there has been increased interest in the establishment of
brewpubs, taprooms and micro -breweries in the Twin Cities area since state legislation
was passed in 2011 allowing these types of uses. The legislation allows breweries to
sell pints of beer for consumption on the premises instead of the beer wholly being
shipped out for consumption off the premises. He stated that these uses combine the
manufacturing of beer, essentially an industrial use, with the on-site sale of beer, with or
without food, which is more of a retail use. Since brewpubs and taprooms are not
specifically currently identified in the Zoning Ordinance, Planning Department and
Community and Economic Development Department staff are recommending the City
consider an ordinance amendment to address these uses before a request is received
from a potential business to locate in Lakeville. Planning Commission comments:
• Concern was expressed about the potential for odors from the beer
manufacturing process to impact adjacent residential uses.
• Concern was expressed about potential accessory uses, like live bands, and
their compatibility with adjacent residential uses.
• The use seems more appropriate when food sales are included (like Granite City
in Eagan). Suggested using kitchen size or number of seats as a food service
requirement instead of gross sales receipts when allowed in a commercial zoning
district.
EXHIBIT B
Planning Commission War* Session Minutes - MWO 20,1014
Page 3
The Planning Commission directed staff to prepare an amendment to the Zoning
Ordinance to allow brewpubs, taprooms, micro -breweries and similar uses in certain
commercial zoning districts subject to specific performance standards.
The work session adjourned at 7:40 p.m.
Respectfully submitted,
i
Brooks Lillehei, Chair