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HomeMy WebLinkAbout2015-21 Amending Chapter 36 ORDINANCE NO. 2015-21 AN ORDINANCE AMENDING CHAPTER 36 REGARDING BREWERIES, TAPROOMS, WINERIES, COCKTAIL ROOMS, DISTILLERIES AND BREWPUBS The City Of Edina Ordains: Section 1. Chapter 36, Sec. 36-10 Definitions is hereby amended to add the following definitions: Sec. 36-10.— Definitions. Brewery. A facility that produces for sale malt liquor, and containing not less than one-half of one percent alcohol by volume. A brewery may include a taproom. Brewpub. A Brewery that operates a restaurant, as defined in Chapter 4 of the City, on the same premises as the Brewery, whose malt liquor production per calendar year shall be limited by Minnesota State Statute. Cocktail Room. A microdistillery licensed by the State of Minnesota that provided on-sale of distilled liquor produced by the distiller for the consumption on the premises of or adjacent to one distillery location owned by the distiller. Distillery. A facility that produces distilled liquor, including all dilutions and mixtures thereof, for non- industrial uses.A distillery may include a cocktail room. 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. Winery. A facility operated by the owner of a Minnesota farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced in Minnesota.A winery may include a tasting room. Section 2. Chapter 36, Sec. 36-1311, minimum number of parking spaces required is hereby amended to add the following: Sec. 36-1311. - Minimum number required. (bb) Taproom and Cocktail Room. One space per 40 square feet of gross floor area. (cc) Brewery, Winery and Distillery. One space per 1,000 square feet of gross floor area. (dd) Brewpub. One space per 1,000 gross square feet of production floor area, and spaces equal in number to one-third the maximum seating capacity, plus one space for each employee on the major shift for the restaurant. Section 3. Chapter 36, Sec. 36-609, Principal Uses in the PCD-2 District is hereby amended to add the following: (This would also include the PCD-3 District.) Sec. 36-608. - Principal uses in PCD-I subdistrict. The following are the principal uses permitted in the PCD-I subdistrict: Ordinance No. 2015-21 Page 2 • Sec. 36-608. - Principal uses in PCD-I subdistrict. The following are the principal uses permitted in the PCD-I subdistrict: (1) Antique shops. (2) Art galleries. (3) Art studios. (4) Bakeries, provided the rooms containing the preparation and baking process shall not have a gross floor area in excess of 2,500 square feet. (5) Barbershops. (6) Beauty parlors. (7) Bicycle stores, including rental, repair and sales. (8) Book and stationery stores. (9) Camera and photographic supply stores. (10) Candy and ice cream stores. (1 1) Clothes pressing and tailoring shops. (12) Clothing stores, not exceeding 2,500 square feet of gross floor area. (13) Clubs, lodge halls and meeting rooms, offices and other facilities for nonprofit organizations, not exceeding 2,500 square feet of gross floor area. (14) Coin and philatelic stores. (15) Day care. (16) Drug stores. (17) Dry cleaning establishments and laundries. (18) Employment agencies. (19) Financial institutions, but excluding drive-through facilities and pawnshops. (20) Florist shops. (21) Food, grocery, meat, fish, bakery and delicatessen stores. (22) Garden supply, tool and seed stores. (23) Gift shops. (24) Handball courts, racquetball courts and exercise and reducing salons. (25) Hardware stores. (26) Hobby shops, for the sale of goods to be assembled and used off the premises. (27) Household furnishings, fixtures and accessory stores, not exceeding 2,500 square feet of gross floor area. (28) Interior decorating establishments. (29)Jewelry stores. (30) Launderettes. (31) Leather goods stores. (32) Liquor stores, municipally owned, off-sale. (33) Locksmith shops. (34) Medical and dental clinics. (35) Music and video sales and rental stores. (36) Musical instrument stores and repair shops. (37) Newsstands. (38) Offices, including both business and professional. (39) Optical stores. (40) Paint and wallpaper stores, not exceeding 2,500 square feet of gross floor area. (41) Personal apparel stores, not exceeding 2,500 square feet of gross floor area. (42) Picture framing and picture stores. (43) Repair stores and "fix-it" shops which provide services for the repair of home, garden, yard and personal use appliances. (44) Restaurants and brewpubs. , but excluding drive-ins and drive-through facilities, other than as allowed in section 36-1264(f). (45) Schools. Ordinance No. 2015-21 Page 3 (46) Secondhand stores, not exceeding 2,500 square feet of gross floor area, but excluding pawn shops. (47) Shoe sales or repair stores. (48) Sporting and camping goods stores, not exceeding 2,500 square feet of gross floor area. (49) Tailor shops. (50) Tobacco shops. (5 1) Toy shops. (52) Travel bureaus and transportation ticket offices. (53) Variety,gift, notion and soft goods stores. (54) Vending machines which are coin-or card-operated, but excluding amusement devices. Section 4. Chapter 36 Division 9. Planned Industrial District is hereby amended to add the following: Sec. 36-640. - Principal uses. The following are principal uses permitted in the Planned Industrial District (PID) district: (1) All principal uses allowed in the Planned Office District. (2) Manufacturing, compounding, processing, packaging, treatment and assembly of products and materials. (3) Scientific research, investigation, testing or experimentation. (4) Warehousing of nonperishable products, if the products are owned by or consigned to the owner of the principal use or its lessee, and further, if the owner or lessee does not establish the principal use in the capacity of a carrier for the purpose of a freight operation. (5) Businesses that provide a service to the consumer on the consumer's property and not on the lot occupied by the principal use, including, but not limited to, building contractors, plumbing contractors, swimming pool construction and service companies, and exterminating offices. (6) Blueprinting, photostating and printing shops. (7) Office equipment showrooms and repair services. (8) Mini-storage warehouses for storage of domestic supplies, recreational vehicles and equipment and other private property, if the owner of the private property is responsible for transporting the property to and from the principal use, and further, if the owner of the principal use does not establish the use as a carrier for the purpose of a freight operation. (9) Animal hospitals, but excluding establishments with outside runs. (10) Currency exchanges, as defined in Minn. Stats. ch. 53A. (1 1) Breweries, Taprooms, Wineries Distilleries and Cocktail Rooms Section S. Chapter 36 Division 9. Planned Industrial District is hereby amended to add the following: Sec. 36-642. -Accessory uses. The following are the accessory uses permitted in the Planned Industrial District (PID): (1) Warehousing of products manufactured by the principal use. (2) Offices and administrative facilities. (3) Shipping and receiving spaces, mailing rooms and order pickup facilities. (4) Cafeterias, educational facilities, vending services and recreational establishments for persons employed by the business comprising the principal use. (5) Within buildings having office space comprising not less than 40,000 square feet of gross floor area, ten percent of the gross floor area may be occupied by retail uses allowed in the PCD-I and PCD-2 districts, if the accessory uses are accessible only from the interior of the principal building and have no signs or displays relative to it visible from the outside of the principal building. Ordinance No. 2015-21 Page 4 (6) Temporary retail sales pursuant to a permit issued in accordance with this division. (7) Off-street parking facilities. (8) Commercial kennels, as defined in section 8-51 which are accessory to animal hospitals, but excluding kennels with outside runs. (9) A mobile food unit licensed by the City of Edina (food truck) as an accessory use to a Taproom, Winery, Distillery or Cocktail Room. A mobile food unit (food truck) may only operate if there are no restaurants located within 500 feet of the taproom, winery, distillery or cocktail room, existing on the date the taproom, winery, distillery or cocktail room opens, or if at any time after the opening all restaurants within 500 feet close. If restaurants are subsequently opened, the mobile food unit may continue as an accessory use. Section 6. Chapter 36 Article XII. Supplemental District Regulation is hereby amended to add the following: Sec. 36-1275. Breweries, Taprooms, Wineries, Distilleries, Cocktail Rooms and Brewpubs. (a) Shall comply with all regulations within Chapter 4 of the Edina City Code regarding Alcoholic Beverages. (b) Shall comply with all performance standards related to Sec. 36-644 (5), noise, vibration, dust, dirt, smoke, odor, glare, and liquid waste. (c) Parking shall comply with the standards in Section 36-1311. (d) Hours of operation shall comply with Section 4-8-6. (e) No outdoor storage is permitted on the site, including the mobile food unit, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residentially zoned property. (f) All exterior lighting shall be designed in such a way as to have no direction source of light visible from adjacent property, and shall comply with the requirements of Section 36-1260. Section 7. Effective Date. This Ordinance shall be effective January I St, 2016. First Reading: October 20, 2015 Second Reading: November 4, 2015 Published: November 12, 2015 1 Attest �"dt. Debra A. Mangen, City ClerkJ James B. Hovland, Mayor Please publish in the Edina Sun Current on November 12, 2015 Send two affidavits of publication Bill to Edina City Clerk AFFIDAVIT OF PUBLICATION City of Edina uses permitted in the PCD-1 sub- ceeding 2,500 square feet of gross (Official Publication) district: floor area, but excluding pawn STATE OF MINNESOTA )ss ORDINANCE NO.2015-21 (1)Antique shops. shops. AN ORDINANCE AMENDING (2)Art galleries. (41)Shoe sales or repair stores. COUNTY OF HENNEPIN 48 di t (3)Art studios.CHAPTER 36 REGARDING ( )Sporting and camping goods BREWERIES,TAPROOMS, (4)Bakeries,provided the rooms stores,not exceeding 2,500 square Charlene Vold being duly sworn on an oath, WINERIES,COCKTAIL ROOMS, containing the preparation and bak- feet of gross floor area. states or affirms that he/she is the Publisher's DISTILLERIES AND BREWPUBS ing process shall not have a gross (49)Tailor shops. Designated Agent of the newspaper(s)known The City Of Edina Ordains: floor area in excess of 2,500 square (50)Tobacco shops. Section 1.Chapter 36,Sec.36- feet. (51)Toy shops. as: 10 Definitions is hereby amended to (5)Barbershops. (52)Travel bureaus and transpor- add the following definitions: (6)Beauty pariors. tation ticket offices. SC Edina Sec.36-10.—Definitions. (7)Bicycle stores,including rent- (53)Variety, gift, notion and soft Brewery.A facility that produces al,repair and sales. goods stores. for sale malt liquor, and containing (8)Book and stationery stores. (54)Vending machines which are with the known office of issue being located not less than one-half of one per- (9) Camera and photographic coin-or card-operated, but exclud- in the county of: cent alcohol by volume.A brewery supply stores. ing amusement devices. HENNEPIN may include a taproom. (10)Candy and ice cream stores. Section 4.Chapter 36 Division 9. Brewpub. A Brewery that op- (11)Clothes pressing and tailor- Planned Industrial District is hereby with additional circulation in the counties of: erates a restaurant, as defined in ing shops. amended to add the following: HENNEPIN Chapter 4 of the City,on the same (12)Clothing stores,not exceed- Sec.36-640.-Principal uses. and has full knowledge of the facts stated premises as the Brewery, whose ing 2,500 square feet of gross floor The following are principal uses below: malt liquor production per calendar area. permitted in the Planned Industrial year shall be limited by Minnesota (13)Clubs,lodge halls and meet- District(PID)district: (A)The newspaper has complied with all Of ing rooms, offices and other facili- (1)All principal uses allowed in State Statute. the requirements constituting qualifica- ties for nonprofit organizations,not the Planned Office District. Cocktail Room. t mf Minnesotaery exceeding2,500 square feet of 2 Manufacturing, compound- bytion as a qualified newspaper as provided licensed by the State of Minnesota q () g, com und- by Minn. Stat.§331A.02. that provided on-sale of distilled gross floor area. ing, processing, packaging, treat- liquor produced by the distiller for (14)Coin and philatelic stores. ment and assembly of products and (B)This Public Notice was printed and pub- (15)Day care. materials. the consumption on the premises of lished in said newspaper(s) once each (16)Drug stores. (3)Scientific research,investiga- oradjacent one distillery location (1 i7 Dry cleaning establishments tion,testing or experimentation. week, for 1 successive week(s); the first owned by the distiller. insertion being on 11/12/2015 and the last Distillery.A facility that produces and laundries. (4)Warehousing of nonperishable distilled liquor,including all dilutions (18)Employment agencies. products,if the products are owned insertion being on 11/12/2015. (19)Financial institutions,but ex- by or consigned to the owner of and mixtures thereof,for non include a dcluding drive-through facilities and the principal use or its lessee,and trial uses.A distillery may inclua MORTGAGE FORECLOSURE NOTICES cocktail room. pawnshops. further,if the owner or lessee does Pursuant to Minnesota Stat. §580.033 Taproom. An area for the on-sale (20)Florist shops. not establish the principal use in the consumption of malt liquor pro- (21) Food, grocery, meat, fish, capacity of a carrier for the purpose relating to the publication of mortgage duced by the brewer for consump- bakery and delicatessen stores. of a freight operation. foreclosure notices: The newspaper com lies (22) Garden supply, tool and (5) Businesses that provide a P tion on the premises of a brewery with the conditions described in §580.033, or an abutting property in common seed stores, service to the consumer on the con- subd. 1, clause (I) or(2). If the newspaper's ownership of the brewer,which may (23)Gift shops. sumer's property and not on the lot include sales of mak liquor pro- (24)Handball courts,racquetball occupied by the principal use, in- known Office Of issue is located in a county courts and exercise and reducing eluding,but not limited to, building duced and packaged at the brew- ad'oinin the count where the mortgaged salons. contractors, plumbing contractors, g yery for off premises consumption as premises or described in the nsome part notice are located, may be amended. (25)Hardware stores. swimming pool construction and premises dethe mortgaged allowed Minnesota statutes, as (26)Hobby shops,for the sale of service companies,and exterminat- Winery. A facility operated by goods to be assembled and used ing offices. a substantial portion of the newspaper's the owner of a Minnesota farm and off the premises. (6)Blueprinting,photostating and circulation is in the latter county producing table,sparkling, or forti- (27) Household furnishings, fix- printing shops. fied wines from grapes,grape juice, tures and accessory stores,not ex- (7)Office equipment showrooms other fruit bases, or honey with a ceeding 2,500 square feet of gross and repair services. r n majority of the ingredients grown floor area. (8) Mini-storage warehouses for By: or produced in Minnesota.A winery (28)Interior decorating establish- storage of domestic supplies,recre- ma include a tasting ments. ational vehicles and equipment and Designated Agent y g room. 29 Jewel stores. other ovateproperty, Section 2.Chapter 36,Sec.36- ( )Jewelry private if the owner 1311, minimum number of parking (30)Launderettes. of the private property is respon- Subscribed and sworn to or affirmed before spaces (31)Leather goods stores. sible for transporting the property p required is hereby amended (32) Liquor stores, municipally to and from the principal use,and me on 11/12/2015 by Charlene Vold. to add the following: owned,off-sale. further,if the owner of the principal ber required. Sec.36-1311.-Minimum num- (33)Locksmith shops. use does not establish the use as a (bb) Taproom and Cocktail (34)Medical and dental clinics. carrier for the purpose of a freight Room. One space per 40 square (35) Music and video sales and operation. feet of gross floor area. rental stores. (9)Animal hospitals,but exclud- Notary Public (cc)Brewery, Winery and Distill- (36) Musical instrument stores ing establishments with outside ery. One space per 1,000 square and repair shops. runs. feet of gross floor area. (37)Newsstands. (10)Currency exchanges,as de- (dd) Brewpub. One space per (38)Offices,including both busi- fined in Minn.Stats.ch.53A. 1,000 gross square feet of produc- ness and professional. (11)Breweries,Taprooms,Winer- °'`�` DARLENE MARIE MACPHERSON tion floor area,and spaces equal in (39)Optical stores. ies,Distilleries and Cocktail Rooms. Nota Public-Minnesota number to one-third the maximum (40) Paint and wallpaper stores, Section 5.Chapter 36 Division 9. ry seating capacity,plus one space for not exceeding 2,500 square feet of Planned Industrial District is hereby My commission Expires Jan 31,2019 each employee on the major shift gross floor area. amended to add the following: for the restaurant. (41) Personal apparel stores, Sec.36-642.-Accessory uses. Section 3.Chapter 36,Sec.36- not exceeding 2,500 square feet of The following are the accessory 609, Principal Uses in the PCD-2 gross floor area. uses permitted in the Planned In- District is hereby amended to add (42) Picture framing and picture dustrial District(PID): the following: (This would also in- stores. (1) Warehousing of products elude the PCD-3 District.) (43) Repair stores and "fix-it" manufactured by the principal use. Sec.36-608.-Principal uses in shops which provide services for (2)Offices and administrative fa- PCD-1 subdistrict. the repair of home,garden,yard and cilities. Rate Information: personal use appliances. (3)Shipping and receiving spac- 1 Lowest classified rate aid b commercial users The following are the principal 44 Restaurants and brewpubs. es,mailing rooms and order pickup ( ) p� y uses permitted in the PCD-1 sub- ( ) p g p p for comparable space: district: , but excluding drive-ins and facilities. drive-through facilities, other than (4) Cafeterias, educational fa- $34.45 per column inch -Sec.subdistrict. -Principal uses as allowed in section 36-1264(f). cilities,vending services and recre- in PCD-1 subdistrict. (45)Schools. ational establishments for persons The following are the principal Ad I D 472546 -- (46)Secondhand stores,not ex- employed by the business compris- ti a ing the principal use. (5) Within buildings having of- fice space comprising not less than 40,000 square feet of gross floor area,ten percent of the gross floor area may be occupied by retail uses allowed in the PCO-1 and PCD-2 districts, if the accessory uses are accessible only from the interior of the principal building and have no signs or displays relative to it vis- ible from the outside of the principal building. (6)Temporary retail sales pursu- ant to a permit issued in accordance with this division. (7)Off-street parking facilities. (8) Commercial kennels, as de- fined in section 8-5, which are ac- cessory to animal hospitals,but ex- cluding kennels with outside runs. (9)A mobile food unit licensed by the City of Edina(food truck)as an accessory use to a Taproom, Win- ery, Distillery or Cocktail Room. A mobile food unit (food truck) may only operate if there are no restau- rants located within 500 feet of the taproom, winery,distillery or cock- tail room, existing on the date the taproom, winery, distillery or cock- tail room opens,or if at any time af- ter the opening all restaurants within 500 feet close. If restaurants are subsequently opened, the mobile food unit may continue as an ac- cessory use. Section 6.Chapter 36 Article XII. Supplemental District Regulation is hereby amended to add the follow- ing: Sec.36-1275. Breweries, Tap- rooms, Wineries, Distilleries, Cocktail Rooms and Brewpubs. (a) Shall comply with all regula- tions within Chapter 4 of the Edina City Code regarding Alcoholic Bev- erages. (b) Shall comply with all perfor- mance standards related to Sec. 36-644 (5), noise, vibration, dust, dirt, smoke,odor, glare, and liquid waste. (c)Parking shall comply with the standards in Section 36-1311. (d)Hours of operation shall com- ply with Section 4-8-6. (e)No outdoor storage is permit- ted on the site,including the mobile food unit, with the exception that waste handling (refuse and/or re- cycling)may occur in an enclosure that is fully screened from adjoin- ing streets and residentially zoned property. (f)All exterior lighting shall be de- signed in such a way as to have no direction source of light visible from adjacent property,and shall comply with the requirements of Section 36- 1260. Section 7.Effective Date. This Ordinance shall be effective January 1st,2016. First Reading:October 20,2015 Second Reading:November 4,2015 Published:November 12,2015 Attest Debra A.Mangen,City Clerk James B.Hovland,Mayor 11/12/15,3SC1, Ordinance No.2015-21,472546