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Home My WebLink AboutOrdinance - 6-2018 - Amending City Code Chapter 11, Related to Breweries, Distilleries, Taprooms and Cocktail Rooms - 05/10/2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 6-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, 11.30 AND RELATING TO BREWERIES, DISTILLERIES, TAPROOMS AND COCKTAIL ROOMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section L. City Code Chapter 11, Section 11.02 Definitions is hereby amended by: 1. Inserting a new definition for Brewer Taproom at item 10 as re-numbered as follows: "Brewer Taproom" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (1), or 0) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer." 2. Inserting a new definition for Cocktail Room at item 15 as re-numbered as follows: "Cocktail Room" is an establishment on the premises of or adjacent to one distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller." 3. Inserting a new definition for Microdistillery at item 51 as re-numbered as follows: "Microdistillery" is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minn. Stat. Chap. 340A. 4. Inserting a new definition for Small Brewer at item 68 as re-numbered as follows: "Small Brewer" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or 0) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. Section 2. Section 11.03, Subd. 3, H. Off-Street Parking Facilities, 4. Parking Requirement/Use* is amended by adding the following in the table in item "e. COM, A-C": Brewer Taproom, 1/60 sq. ft. G.F.A. Cocktail Room Small Brewer, 1/1,000 sq. ft. G. F. A. Microdistillery Section 3, Section 11.03, Subd. 3, H. Off-Street Parking Facilities, 4. Parking Requirement/Use* is amended by adding the following in the table in item "f. IND": Brewer Taproom, 1/60 sq. ft. G.F.A. Cocktail Room Small Brewer, 1/1,000 sq. ft. G.F.A. Cocktail Room Section 4. City Code Chapter 11, Section 11.25, Subd. 2, is amended by adding the following 1 . Small Brewer with Brewer Taproom J. Microdistillery with Cocktail Room Section 5. City Code Chapter 11, Section 11.26, Subd. 4. A. Development Standards: Transit Oriented Development—Mixed Use (TOD-MU) is amended adding the following to the Permitted Uses—TOD-MU District table, under "Commercial', "- Small Brewer with Brewer Taproom"and "- Microdistillery with Cocktail Room" as set forth below: Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2. Drive-thrus are only allowed when the drive-thru lanes - Day care facility are internally located within the parking structure. - Small Brewer with Brewer Taproom - Microdistillery with Cocktail Room 3. Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of Office grocery stores,which shall not exceed 25,000 sq. ft. in area. - Business and professional offices - Day care facility Residential - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 6. City Code Chapter 11, Section 11.26, Subd , Subd. 4. A. Development Standards: Transit Oriented Development— Mixed Use (TOD-MU) is amended adding the following to the Off-Street Vehicular Parking Standards — TOD-MU District table under "Use", "Small Brewer, Microdistillery; under "# of spaces (min)", "1/1000 sq. ft. G.F.A."; and under "# of spaces (max)", "None"; and further amended by adding under "Use", "Brewer Taproom, Cocktail Room"; under "# of spaces (min)", "1/60 sq. ft. G.F.A."; and under "# of spaces (max)", "None" as set forth below: Off-Street Vehicular Parking Standards—TOD-M U District Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 115 dwellings Retail Stores&Services 3/1,000 sq ft Gross Floor Area 511,000 sq ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 511000 sq ft(G.F.A.) Hotel 1/guest room+ 1/employee None Small Brewer,Microdistillery 1/1,000 sq. ft.G.F.A. None Brewer Taproom,Cocktail Room 1/60 sq. ft. G.F.A. None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Section 7. City Code Chapter 11, Section 11.26, Subd , Subd. 4. C. Development Standards: Transit Oriented Development—Employment(TOD-E) is amended adding the following to the Permitted Uses—TOD-E District table under Permitted Uses "- Small Brewer with Brewer Taproom" and "- Microdistillery with Cocktail Room" as follows: Commercial 1. The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service - Day care facility 2.Neighborhood Commercial individual tenant space shall - Small Brewer with Brewer Taproom not exceed 10,000 sq. ft. in area with the exception of - Microdistillery with Cocktail Room grocery stores, which shall not exceed 25,000 sq. ft. in area. Office - Business and professional offices 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. - Day care facility 4. Warehouse and Distribution shall be permitted in the Light Industrial Light Industrial district as an accessory use. Warehouse - Manufacturing and Distribution shall not exceed 15% of the Gross Floor - Research and design Area of a structure. - Wholesale - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 8. City Code Chapter 11, Section 11.26, Subd , Subd. 4. C. Development Standards: Transit Oriented Development — Employment (TOD-E) is amended adding the following to the Off-Street Vehicular Parking Standards — TOD-E District table under "Use", "Small Brewer, Microdistillery; under "# of spaces (min)" "1/1000 sq. ft. G.F.A."; and under "# of spaces (max)" "None"; and further amended by adding under "Use", "Brewer Taproom, Cocktail Room"; under "# of spaces (min)", "1/60 sq. ft. G.F.A."; and under "# of spaces (max)," "None" as set forth below: Off-Street Vehicular Parking Standards—TOD-E District Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats `/z.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Small Brewer,Microdistillery 1/1,000 sq. ft. G.F.A. None Brewer Taproom,Cocktail Room 1/60 sq. ft.G.F.A. None Others As determined by site plan review.A parking demand study may be required. Proof of parking may be included as part of a parking demand study. Section 9. City Code Chapter 11, Section 11.27, Subd. 5. Table 1: Permitted Uses in Town Center District (Permitted =P, Accessory =A) is amended under "Use", "Commercial" by adding "Small Brewer with Brewer Taproom' and Microdistillery with Cocktail Room" both as as "P" in the TC-MU and TC-C Districts as follows: Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics A' P Hotels P Day care facility P P Antennas and Towers, in those locations and subject to P the limitations contained in City Code Section 11.06. Small Brewer with Brewer Taproom P P Microdistillery with Cocktail Room P P Section 10. City Code Chapter 11, Section 11.27, Subd. 10" is amended in Table 4: Off-Street Parking Space Standards for Town Center District by adding under the "Use", "Brewer Taproom, Cocktail Room", and by adding under "TC-MU and TC-C minimum # of spaces", "1/60 sq. ft. G.F.A.", and under "TC-MU and TC-C maximum # of spaces", adding "None" and further amending under "Use" by adding "Small Brewer, Microdistillery", and under "TC- MU and TC-C minimum # of spaces", adding "1/1,000 sq. ft. G.F.A.", and under "TC-MU and TC-C maximum # of spaces", adding "None", and under "TC-R minimum and maximum # of spaces", adding "N/A", as set forth below: Table 4: Off-Street Parking Space Standards for Town Center District Use TC-MU TC-R TC-C #of spaces) #of spaces) #of s aces Minimu Maximum Minimum Maximum Minimum Maximum m Multiple- I/d.u. I/bedroom I/d.u. 1.25/ N/A N/A Family bedroom Residential Retail Stores 3/1,000 511,000 N/A N/A 4/1,000 6/1,000 & Services sq ft I sq ft sq ft sq ft Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1/2 seats Office 3/1,000 4/1,000 N/A N/A 4/1,000 sf 511,000 sq ft sq ft sq ft Hotel N/A N/A N/A N/A 1/guest room +I/em to ee Brewer 1/60 sq. None N/A N/A 1/60 sq. ft. None Taproom, ft. G.F.A. G.F.A. Cocktail Room Small Brewer, 1/1,000 None N/A N/A 1/1,000 sq. ft. None Microdistillery sq.ft. G.F.A. G.F.A. Others As determined by site plan review. Section 11. City Code Chapter 11, Section 11.28, Subd. 2 Permitted Uses in Airport — Commercial District the following: E. Small Brewer with Brewer Taproom F. Microdistillery with Cocktail Room Section 12. City Code Chapter 11, Section 11.30, Subd. 2 Permitted Uses in I — Industrial Districts is amended by adding the following: K. Small Brewer L. Small Brewer with Brewer Taproom M. Microdistillery N. Microdistillery with Cocktail Room Section 13. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 14. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1"day of May, 2018. Kathl en Porta, City Clerk N a-L �, aor Published in the Eden Prairie News on the 10`h day of May, 2018. EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 6-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, 11.30 AND RELATING TO BREWERIES, DISTILLERIES, TAPROOMS AND COCKTAIL ROOMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Summary: This ordinance amends Chapter 11 relating to Breweries, Distilleries, Taprooms, and Cocktail Rooms. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on 12018. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and 1f has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. (13)The printed public notice that is attached to this Affidavit and identified as No. 3 39 CODCODE CHAPTER 11,szc was published on the date or dates and in the newspaper stated in the attached Notice and said 11.25; 1 1}.27, Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of _iL30 ANI3 RELATING TO the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both B1tEWERIES,DISTILLERIES, inclusive,and is hereby acknowledged as being the kind and size of type used in the composition TAPROOMS AND COCKTAIL and publication of the Notice: ROOMS; AND ADOPTING BY R$Nt j T,Y, DDE abcdefghijklmnopgrstu z C�fAjtRlt.l AND ;��;�- U27 THIitor IV, CH, OTHER Iv1�Vl I�1 CQVNCII OF' Laurie A.Hartmann - �•TdbI�N ll�r» T°Elis� 111 Subscribed and sworn before me on r this 6 day of 2018 ue JYMME JEANNETTE BARK NOTARY PUBLIC•MINNESOTA MY COMMISSION EXPIRES 01131123 u - b is RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter...................................$31.20 per column inch Rate actually charged for the above matter...............................................$12.97 per column inch