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2015-15 BILL NO. 2015-15 AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO ALLOW MICRO-PRODUCTION FACILITIES AND TAPROOMS/COCKTAIL ROOMS IN COMMERCIAL AND MIXED-USE ZONING DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 507.07 of the Richfield City Code is amended to add new definitions to read as follows and be inserted alphabetically, and by now renumbering all following subdivisions accordingly: "Brewer." A person who manufactures malt liquor for sale. "Brewpub." A micro-brewery with a restaurant use operated on the same premises as the brewery. "Cocktail Room. "An area for the on-sale consumption of distilled spirits produced at the distillery for consumption on the premises of the distillery or distillery-owned property adjacent to the distillery. A cocktail room may also include sale for off-premises consumption of distilled spirits produced at the distillery, subject to Minnesota Statute 340A.22, Subd. 4 or its successor. "Growler." A specially designed 64 ounce or 750 ml beer container for exclusive off-sale of micro-brewery facility beer. A growler shall be packaged subject to Minnesota Statute 340A.285, or its successor. "Malt Liquor." Any beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. "Micro-brewery." A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume, and which possesses the appropriate Federal, State, and Municipal licenses and which produces not more than 3,500 barrels of malt liquor in a calendar year. A micro-brewery may include a taproom. "Micro-distillery." A facility that produces Ethyl Alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A distillery may include a cocktail room. "Micro-production facility." A facility in which beer or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption. Micro-production facilities include breweries, brewpubs, and distilleries. "Taproom (Brewery)." 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 Statute 340A.285, or its successor. Section 2 Subsection 512.07 of the Richfield City Code is amended to read as follows: 512.07. - Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. (Amended, Bill No. 2011-19) P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use S- C-1 C-2 0 Adult businesses N N P Animal kennels N N P/C Apartments within a commercial building A A/C C Assembly, light manufacturing, warehouse N N A Auction houses N N P Auto mechanical/body repair N N C Auto detailing N N C Auto or boat sales N N C Auto stereo installation service N N P Auto washes N N C Barber or beauty shops P/C P/C P/C Bicycle stores N P/C P/C Bicycle repair shops P/C P/C P/C Bowling alleys N N P Carpet or paint stores N P/C P/C Cemeteries N N C Convenience store N P P Day care facilities C P P Drug stores without drive-up facility N P/C P/C Drug stores with drive-up window N N C Emergency shelter N N C Enclosed storage A A A Fences, walls and hedges A A A Financial institutions without drive-up service N N P Financial institutions with drive-up service N N C Firearms related uses N N C Fortune telling N N P Funeral homes, mortuaries N N C f-- Furniture or appliance stores N P/C P/C Governmental buildings P P P . Grocery stores N P/C P/C Health club or studio, spa N P P Hospital or 24-hour urgent care P/C P/C P/C Hotel or motel (6 or more units) N N C Junk yard N N N Libraries, public P P P Liquor store, municipal N N P Marijuana (medical) dispensaries N N C Marijuana (recreational) sales outlets N N N Micro-production facility (micro-brewery/micro-distillery) N N C Nursing home P P N Office, single-tenant, professional, executive or business P/C P/C P/C Office, multi-tenant, professional, executive, or business I P/C P/C P/C Outdoor merchandising or storage (except as allowed by Section 1135 of N N N the City Code) Parking --- A A A Pawn shops and second hand goods dealers licensed under Section N N C 1186 or 1187 of the City Code Public utility, minor A A A Public utility, major C C C Religious institutions N N P Restaurant, take-out only (Class IV) N C P Restaurant, fast food/convenience food (Class III) or any restaurant with N N C drive-up service Restaurant, traditional or cafeteria (Class II) N C C Restaurant, full service (Class I) N N C Retail, general (single or multi-tenant) N P/C P/C Schools, public or private N N P Service station N N C Service station/convenience store N N C Service or non-auto repair shop P/C P/C P/C Taproom / Cocktail Room N N A/C Tattoo shops N N C Taxi or limousine service N N P Theater, movie or live entertainment N N C Veterinary clinic N N P Section 3 Subsection 512.09 of the Richfield Code is amended to read as follows: 512.09. - Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use MU- MU- MU-R N C Residential Townhome development P N N Multifamily dwellings (min. 3 units) P P P (but see 537.07 Subd. 2a) Live-work units P P N Assisted living facilities, nursing, rest homes P P N Other Adult businesses N P P 'Animal kennels C C C Assembly and manufacturing accessory and N A A subordinate to retail use Auto mechanical/body repair N C C Auto detailing N C C Auto rental facilities as an accessory to primary office N A A or hotel use Auto sales N N C Clinics A* P P Convenience store P* P P Day care facilities P P P Drive-up window or teller service N C C Firearms related uses N N C Funeral homes, mortuaries N P N Governmental buildings A P A Health or athletic clubs, spas, yoga studios N P P Hotel or motel (6 or more units) N P P Hospitals N N P Libraries, public P P N Marijuana (medical) dispensaries N N N Marijuana (recreational) sales outlets N N N Micro-production facility (micro-brewery/micro- N C C distillery) Offices A P P Parking A A A Police sub-station P P P Public utilities A A A Recreational facilities, noncommercial, principal use P P P Religious institutions P P A Restaurant, take-out only (Class IV) P P P Restaurant, fast food/convenience food (Class III) N C C Restaurant, traditional or cafeteria (Class II) P P P Restaurant, full service (Class I) N C P Retail, neighborhood services P P P Retail, general services C P P Retail, regional services N C P Schools, public or private P P C Service station N P P Service station/convenience store N P P Taproom/Cocktail Room N NC NC Tattoo shops N P P Theaters, movie or live entertainment N N P Transit facilities A A A *Conditions apply; see section 537 for complete regulations. Section 4 Subsection 512.11 of the Richfield Code is amended to read as follows: 512.11. - Permitted, Conditional, Accessory and Prohibited Uses in the Industrial District. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Industrial District. Refer to Section 539 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use Adult businesses P Bottling operation P Cold storage P Computer assembly P Electric appliance manufacturing P Electronic components assembly P Food products manufacturing P Laboratories for testing or research P Living quarters for security personnel A Lumber or building materials sales P Marijuana production/processing N Metal products manufacturing P Micro-production facility (micro-brewery/micro-distillery) P Paper products manufacturing P Parking A Pawn shops and second hand goods dealers licensed under C Section 1186 or 1187 of the City Code Rubber or plastics products manufacturing P Satellite dish antennas A Stone, clay or glass products manufacturing P r-- Telecommunication towers C Textile products manufacturing P Wood products manufacturing P Section 5 Subsection 534.07 of the Richfield Code relating to conditional uses in the C-2 (General Business) District is amended by adding a new Subdivision 27 to read as follows: Subd. 27. Micro-production facilities provided that the following conditions are met: a) Licensing. The owner of the micro-production facility qualifies for and receives all federal, state and city licenses necessary for the operation of the micro-production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); and/or a distiller's license from the State of Minnesota. b) Taproom/Cocktail Room Location. Micro-production facilities with an accessory taproom or cocktail room must be on a lot abutting an arterial or collector street. c) Taproom/Cocktail Room License. An accessory taproom or cocktail room for the sale of beer or spirits produced on-site shall require a taproom/cocktail room license from the City of Richfield in accordance with Section 1202 of the City Code. d) Taproom/Cocktail Room Operations. Taprooms/cocktail rooms must either make food available on-site or expressly allow patrons to carry in food. e) Off-sale. A micro-production facility may sell their product for off-sale consumption through their taproom or cocktail room. Any on-site sale of beer in the form of growlers shall require a Micro-brewery Off-sale License in accordance with Section 1202 of the City Code. f) Production of Beer. Annual production of malt liquor for a micro- brewery with an accessory taproom shall not exceed 3,500 barrels, and only 500 barrels may be sold off-sale as growlers. Production at micro-breweries without a taproom shall not exceed 1,750 barrels annually. g) Production of Spirits. Annual production of spirits for a micro-distillery with an accessory cocktail room shall not exceed 40,000 proof gallons annually. Production at micro-distilleries without a cocktail room shall not exceed 20,000 proof gallons annually. h) Off-street Loading. The micro-production facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right-of-ways, including regulating the number of trucks per day and the hours that deliveries are permitted. i) Odors. No odors from the micro-production facility shall be perceptible beyond the property line. The micro-production facility operator shall take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards. j) Hours of Operation. Micro-production facility operation hours shall be limited to the hours specified in Minnesota Statutes Chapter 340A for off-sale intoxicating liquor unless further limited by the City Council as part of a Conditional Use Permit. Section 6 Subsection 537.03 of the Richfield Code relating to permitted, conditional and accessory uses in the Mixed Use Districts is amended as follows: 537.03. - Permitted Uses. Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts: Table 1. Uses of the Mixed-Use District Note—The following abbreviations are used within the use table: P: Permitted A: Accessory C: Conditional N: Null or not Permitted Use MU-R MU-C MU-N COMMERCIAL Regional retail services P C N General retail services P P C Neighborhood retail services P P P Restaurant Class I (serving alcohol) P C N Restaurant Class II (traditional/cafeteria) P P P Restaurant Class Ill (fast food/convenience) C C N Restaurant Class IV (take out only) P P P Micro-production facility (micro-brewery/micro-distillery) C C N Taproom/Cocktail room NC A/C N Service Station/convenience store P P N Convenience store P P P Offices and clinics P P A Hotel/motel (defined as 6 or more rooms) P P N Mortuaries and funeral chapels N P N Health or athletic clubs, spas, yoga studios P P N Theaters, movie or live entertainment P N N Auto sales or lease -new vehicles C N N Auto mechanical or body repair shops C C N Auto detailing C C N Auto rental facilities accessory to a primary office or A A N hotel use Assembly and manufacturing accessory and A A N subordinate to a retail use Drive-up window or teller service C C N Adult business establishments as defined and regulated P P N under Subsection 1196 of the City Code Tattoo shops P P N Firearms related uses C N N Licensed day care facilities P P P Animal kennels C C C RESIDENTIAL Dwelling, townhouse N N P P Dwelling, multifamily (min. 3 units) P P (but see 537.07, Subd. 2a) , Live - work units N P P Assisted living facilities, nursing, rest homes N P P INSTITUTIONAL/PUBLIC Places of worship A P P Government offices A P A Police sub-station P P P Schools C P P Library N P P Parks P P P Hospitals P N N Transit facilities A A A Public utility A A A Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this section or Subsection 512.09 is prohibited in the Mixed-Use Districts unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 509.23 of this Code. Section 7 Subsection 537.05 of the Richfield Code relating to conditional uses in the Mixed Use (MU-C and MU-R) Districts is amended by adding a new Subdivision 13 to read as follows: Subd. 13. Micro-production facilities in the MU-C and MU-R Districts provided that the following conditions are met: a) Licensing. The owner of the micro-production facility qualifies for and receives all federal, state and city licenses necessary for the operation of the micro-production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); and/or a distiller's license from the State of Minnesota. b) Taproom/Cocktail Room Location in MU-C District. Micro-production facilities with an accessory taproom or cocktail room in the Mixed Use — Community District must be on a lot abutting an arterial or collector street. c) Taproom/Cocktail Room Operations. Taprooms/cocktail rooms must either make food available on-site or expressly allow patrons to carry in food. d) Taproom/Cocktail Room License. An accessory taproom or cocktail room for the sale of beer or spirits produced on-site shall require a taproom/cocktail room license from the City of Richfield in accordance with Section 1202 of the City Code. e) Off-sale. A micro-production facility may sell their product for off-sale consumption through their taproom or cocktail room. Any on-site sale of beer in the form of growlers shall require a Micro-brewery Off-sale License in accordance with Section 1202 of the City Code. f) Production of Beer. Annual production of malt liquor for a micro- brewery with an accessory taproom shall not exceed 3,500 barrels, and only 500 barrels may be sold off-sale as growlers. Production at micro-breweries without a taproom shall not exceed 1,750 barrels annually. g) Production of Spirits. Annual production of spirits for a micro-distillery with an accessory cocktail room shall not exceed 40,000 proof gallons annually. Production at micro-distilleries without a cocktail room shall not exceed 20,000 proof gallons annually. h) Off-street Loading. The micro-production facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right-of-ways, including regulating the number of trucks per day and the hours that deliveries are permitted. i) Odors. No odors from the micro-production facility shall be perceptible beyond the property line. The micro-production facility operator shall take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards. j) Hours of Operation. Micro-production facility operation hours shall be limited to the hours specified in Minnesota Statutes Chapter 340A for off-sale intoxicating liquor unless further limited by the City Council as part of a Conditional Use Permit. Section 8 Subsection 544.13, Subdivision 6 of the Richfield City Code related to the number of off-street parking lots required for permitted and conditional uses is amended to read as follows: Subd. 6. Number of Off-Street Spaces Required. Off-street parking spaces shall be provided according to the following minimum standards. Parking for land uses not listed below shall be regulated according to the most similar use and/or authoritative sources as determined by the City Planner. Minimum Number of Off-Street Land Use Parking Spaces Required* COMMERCIAL USES 1 for every 200 square feet of gross Animal hospital floor area. Auto mechanical, body repair shop or gas 4 plus 2 per service stall and 1 per station 150 square feet of retail area 1 per 25 square feet of customer floor Bakery area. 1 space per 250 square feet of gross Bank or similar financial service floor area. 2 plus 1 per room for rent. No required Bed and breakfast inn parking may be located in the front yard nor shall the parking area exceed 50 percent of the rear yard. 5 per bowling lane plus 1 per 4.5 seats Bowling alley of other related facilities (e.g., restaurant) 4.5 per 1,000 square feet of gross Coffee shop floor area. Dance or physical culture studio 3 per 1,000 square feet of gross floor area. Day care center (adult or child) 1 per 5 enrolled persons based on licensed capacity. Health club or fitness center 1 per 225 square feet of gross floor area 1 per room plus 1 per 4.5 seats of Hotel other related facilities (e.g., restaurant) Medical or dental office Floor area of 2,500 square feet or less 1 for every 250 square feet of floor area. Floor area greater than 2,500 square feet 1 for every 200 square feet of floor area. Micro-production facilities (micro-breweries & 1 per 1,000 square feet of gross floor micro-distilleries) area. Office Floor area of less than 50,000 square feet 1 per 275 square feet of floor area Floor area of 50,000 to 200,000 square feet 1 per 300 square feet of floor area Floor area of 200,000 to 400,000 square feet 1 per 325 square feet of floor area Floor area of more than 400,000 square feet 1 per 350 square feet of floor area Other businesses or industries, including 1 per 2 employees plus 1 per vehicle wholesale used in conduct of the enterprise OR 1 per 800 square feet of gross floor area, whichever is greater. Shopping center Community (under 50,000 sf) 3.5 per 1,000 square feet of gross floor area Regional (50,000 sf or more) 4 per 1,000 square feet of gross floor area Calculated separately unless the Restaurants or food service in shopping restaurant meets all of these centers requirements: •The shopping center floor area is over 20,000 square feet •The restaurant does not have wait staff serving food directly to the customer while seated •Intoxicating liquor sales at the restaurant shall not exceed five percent of annual revenue •The restaurant does not have in- vehicle sales or service •The combined total of all restaurants and food services total less than 25 percent of the gross floor area of the building and shopping center. Retail (other than shopping center) where more 5 per 1,000 square feet of gross floor than 25 percent of the gross floor area is area customer area Retail (other than shopping center) where more 2 per 1,000 square feet of floor area than 25 percent of the gross floor area is (including outdoor display areas). customer area and where the merchandise is large such as furniture, carpeting, large appliances or automobiles Retail (other than shopping center) where less than 25 percent of the gross floor area is 10 per 1,000 square feet of gross floor customer area and where the product is picked area up or delivered by patron. Restaurants and Related Class I and II 10 per 1,000 square feet of gross floor area. Class III (Fast food/convenience) 17 per 1,000 square feet of gross floor area. 1 per 25 square feet of customer floor Class IV (Take-out only) area plus 1 per delivery vehicle on the maximum shift. 10 per 1,000 square feet of gross floor Taproom/Cocktail Room area (to be added to required number for adjacent micro-production facility) 1 per 1,000 square feet of gross floor area of Micro-brewery production floor Brewpub area and 10 per 1,000 square feet of gross floor area of kitchen, dining and bar floor area. 1 per 3 seats if part of a shopping Theater center; 1 per 2.5 seats if free standing RESIDENTIAL USES Multiple-family housing MR-1 District: two-family dwelling 2 per housing unit, 1 of which must be enclosed. Only one (1) curb cut is permitted to the property. 2 per housing unit. May be reduced to 1.5 MR-2 District: 8 or fewer units; 9 to 25 spaces per unit for 7 or more units if factors units as a conditional use. warrant. 2 per housing unit. May be reduced to 1.25 MR-3 District: 20 or fewer units; more spaces per unit for ten (10) or more units if than 20 units as a conditional use. factors warrant. Group home (state licensed 2 per 5 beds offered for residence purposes. residential facility) Nursing or convalescent home 5 plus one (1) per 5 beds offered for residence purposes. INSTITUTIONAL/PUBLIC USES 1 parking space per 3 seats based on rated design capacity plus Places of worship additional parking spaces, as applicable for accessory facilities and/or assembly which are used concurrently. School K-8 1 per employee plus 8 for visitors High school 1 per employee plus 1 per 8 students Business or trade 1 per employee plus 1 per 3 students based on rated design school capacity. *If calculation results in a fraction, the next higher whole number shall be used. Section 9 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 10th day of November, 2015. 41, Debbie Goettel, Mayor ATT ST: Elizab� -anHoose, City Clerk AFFIDAVIT OF PUBLICATION City of Richfield (Official Publication) STATE OF MINNESOTA )ss RESOLUTION NO.11141 COUNTY OF HENNEPIN RESOLUTION APPROVING SUMMARY PUBLICATION Charlene Vold being duly sworn on an oath, OF AN O TO CONDITIONAL A L L Y states or affirms that he/she is the Publisher's PERMIT MICRO-PRODUCTION Designated Agent of the newspaper(s)known FACILITIES AND as: TAPROOMS/COCKTAIL ROOMS IN COMMERCIAL AND MIXED-USE ZONING DISTRICTS SC Richfield WHEREAS,the City has adopted the above-referenced amendment with the known office of issue being located of the Richfield City Code;and in the county of: WHEREAS, the verbatim text of HENNEPIN the amendment is cumbersome, and the expense of publication of with additional circulation in the counties of: the complete text is not justified. HENNEPIN NOW THEREFORE, BE IT RE- and has full knowledge of the facts stated SOLVED by the City Council of the City of Richfield that the following below: summary is hereby approved for of- (A)The newspaper has complied with all of facial publication: the requirements constituting qualifica- SUMMARY PUBLICATION tion as a qualified newspaper as provided BILL NO.2015-15 by AN ORDINANCE AMENDING THE y Minn. Stat.§331A.02. RICHFIELD CITY CODE TO ALLOW (B)This Public Notice was printed and pub- MICRO-PRODUCTION lished in said newspaper(s) once each FACILITIES AND TAPROOMS/ week, for 1 successive week(s); the first COCKTAIL ROOMS IN insertion being on 11/19/2015 and the last COMMERCIAL AND MIXED-USE ZONING DISTRICTS insertion being on 11/19/2015. This summary of the ordinance is published pursuant to Section 3.12 MORTGAGE FORECLOSURE NOTICES of the Richfi Charter. This ordinance eld City adds language Pursuant to Minnesota Stat. §580.033 to allow micro-production facilities relating to the publication-of mortgage (e.g. micro-breweries and micro- foreclosure notices: The newspaper complies distilleries) and associated tap- with the conditions described in §580.033, roomctail roms t Business s/co(C-2)k and o Mixed in he Use(MU General subd. 1, clause (1) or(2). If the newspaper's C,MU-R)Zoning Districts.The ordi- known office of issue is located in a county nance establishes production limits adjoining the county where the mortgaged of 3,500 barrels of malt liquor and premises or some part of the mortgaged 40,000 gallons of distilled spirits for such establishments as well as pre- premises described in the notice are located, scribing minimum parking require- a substantial portion of the newspaper's ments,rules for the sale of growlers, circulation is in the latter county. off-street loading,odors and hours of operation. The adopted ordi- nance will work in concert with the 1 v n� City's liquor licensing regulations, as well as State laws. By: Copies of the ordinance are Designated Agent available for public inspection in the City Clerk's office during normal Subscribed and sworn to or affirmed before business hours or upon request by me on 11/19/2015 by Charlene Vold. calling the Department of Commu- nity Development at(612)861-9760. Adopted by the City Council of the City of Richfield,Minnesota this 10th day of November,2015. Qn,A n Debbie Goettel,Mayor °�` ►�� ATTEST: Notary Public Elizabeth VanHoose,City Clerk 11/19/15,38C2, Resolution No.11141,475850 °`'ge°T'°Pa DARLENE MARIE MACPHERSON m 1 Notary Public-Minnesota N........•5 My Commission Expires Jan 31,2019 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 475850