Loading...
HomeMy WebLinkAbout10-03-12 PC Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, OCTOBER 3, 2012 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Vice Chair Roberta Thompson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Vice Chair Roberta Thompson, Commissioners Andrew Holewa, Clayton Zimmerman and Janet Stodola (Alternate) Absent: Chair Clayton Larson, Commissioners Samuel Scott and Angela Hames Also present were: City Planner Meagan Beekman, Councilmember Fran Holmes, and Recording Secretary Debbie Wolfe. APPROVAL OF AGENDA – OCTOBER 3, 2012 Vice Chair Thompson stated the agenda will stand as published. APPROVAL OF MINUTES A. September 5, 2012 Planning Commission Regular Meeting Commissioner Holewa moved, seconded by Commissioner Zimmerman, to approve the September 5, 2012 Planning Commission Regular Meeting as presented. The motion carried unanimously (4-0). PLANNING CASES A. Planning Case 12-015 – Zoning Code Amendment and CUP; Bartley Blume, Bent Brewstillery; 1160 Red Fox Road – Public Hearing City Planner Meagan Beekman reviewed the Planning Commission is requested to consider approval of Planning Case 12-015 including a conditional use permit (CUP) for Bent Brewstillery for a micro brewery and micro distillery at 1160 Red Fox Road, as well as, amendments to Sections 1305.04 and 1320.05 of the Zoning Code to allow for the inclusion of microbreweries, micro distilleries and brewpubs as land uses. ARDEN HILLS PLANNING COMMISSION – October 3, 2012 2 City Planner Meagan Beekman stated the City has received a proposal from Bent Brewstillery to obtain a CUP to open a brewery and distillery in a 2,500 square foot bay in the B-4 Zoning District at 1160 Red Fox Road. Bent Brewstillery would like to include a taproom for the consumption of on-sale beer brewed on site, as well as off-sale sales of growlers and 750 ml bottles. The applicant proposes the large retail space and tap room will serve the following purposes: 1. Sell beer growlers (64-oz bottles) and bombers (22-oz bottles) for off-premise consumption as allowed by Minnesota law, 2. Sell pints for on-premise consumption in accordance with the Minnesota Pint Law, 3. Sell spirits for on-premise consumption (when legal) in accordance with Minnesota Law, 4. Sell company swag, 5. Provide free beer (and bourbon when legal) samples, 6. Start and end point for Brewstillery tours, 7. Serve as a gathering spot to discuss beer, bourbon, and other poignant topics of the day. This application includes three distinct requests: 1. Zoning Code Amendment to create three new land uses; micro brewery, micro distillery, and brewpub; and allow the new uses in the B-4 District as Conditional Uses. 2. City Code Amendment to create two new liquor licenses for on and off-sale sales of microbrews brewed on site in a micro brewery. 3. Approval of a Conditional Use Permit to allow a micro brewery and micro distillery with taproom at 1160 Red Fox Road City Planner Meagan Beekman presented the legal background stating in 2011, the State Legislature amended State Law to allow taprooms in microbreweries in Minnesota. This bill was commonly referred to as the “Surly Bill” and was first proposed by the owner of Surly Brewery. The law allows microbreweries that produce fewer than 250,000 barrels of beer in a year to have a taproom where they can sell beer for on site consumption, which is brewed on site. The law also allows sampling of beer, which is produced on site. State law also allows microbreweries which produce fewer than 3,500 barrels of beer a year to provide off-sale sales of 64 ounce “Growlers” and 750 milliliter bottles; however, off-sale sales of beer by the bottle, case or keg is not permitted by State law. The sale of on and off sale products brewed on site is allowed for microbreweries but not micro distilleries (manufacturers of spirits). Distilleries are allowed by State Statute, but cannot provide on-sale, off-sale, and sales of their products at the location in which the spirits are produced. The spirits must be distributed to another site for on and off sale sales. ARDEN HILLS PLANNING COMMISSION – October 3, 2012 3 Municipal ordinances may be more restrictive than State law in terms of the sale of alcohol. City Planner Meagan Beekman reviewed the proposed land use definitions. Staff was directed at the August 20, 2012 City Council work session, to research amending the zoning code to allow microbreweries and micro distilleries as conditional uses to the maximum extent allowable under state law. These recommendations were brought to the September 5, 2012 planning commission work session where it was recommended to staff that brewpubs also be included as a new, and separate, land use from micro breweries and micro distilleries. Brewpubs are microbreweries that have a restaurant component with on-sale sales of products brewed on site. Brewpubs also provide food and can also serve alcoholic products other than those brewed on site. City Planner Meagan Beekman continued the Planning Commission also discussed allowed prepackaged food to be served on site within a taproom, as opposed to food that is prepared on site. The distinction is important because establishments that have food prepared on site would be considered brewpubs rather than taprooms and have different legal requirements within State Statute. Staff has prepared draft amendments to the zoning code that reflect these recommendations. City Planner Meagan Beekman reviewed currently Arden Hills Zoning Code allows breweries and distilleries, as well as distributors of alcohol, in zoning districts that allow manufacturing and processing. The draft zoning code amendments create new land uses for microbreweries, micro distilleries and brewpubs. Microbrewery and micro distillery land uses would allow the manufacture and distribution of intoxicating alcohol, as currently allowed by State Statute, in the assigned zoning districts. Microbreweries would also be permitted to have a retail component. A land use for brewpubs would also be created to differentiate microbreweries that do not have a food component and brewpubs that do have a food service component. Applications for micro breweries, micro distilleries and brewpubs would be approved through the conditional use permit process. The application has submitted information addressing their request for a Zoning Code Amendment and CUP. Rather than make adjustments to the existing land uses within the Code, Staff is recommending creating three new land uses that would then be added to appropriate districts throughout the City. The new land uses would be micro-breweries, micro distilleries, and brew pubs. Staff is recommending that micro breweries and micro distilleries be allowed as Conditional Uses in the B-2, B-3, B-4, GB, I-FLEX and MB zoning districts. Staff is also recommending that brewpubs be allowed as Conditional Uses in the B-2, B-3, B-4 and MB zoning districts. City Planner Meagan Beekman reviewed the following CUP criteria would apply to micro breweries, micro distilleries in the B-4 District: ARDEN HILLS PLANNING COMMISSION – October 3, 2012 4 Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit Amendment. The Planning Commission and City Council should consider the effect of the proposed use upon the health, safety convenience, and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications where applicable; and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. City Planner Meagan Beekman reviewed the Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. The following findings assume that the Zoning Code is amended to allow micro breweries and micro distilleries as Conditional Uses in the B-4 District. Staff offers the following findings for consideration: Conditional Use Permit Evaluation Findings: 1. The applicant has shared parking agreements with the property to the south, which will mitigate any parking impacts. 2. The proposal will have minimal impacts on noise, glare, odors, vibration, smoke, dust, air pollution, heat liquid, and solid waste. 3. The proposal is not anticipated to have an impact on odors because the State regulates odor emissions and other micro breweries have not adversely affected communities that they are located in. 4. The proposal will not affect drainage on the property. 5. The proposal will not affect the population density on the property. 6. The proposal would not be incompatible with the other buildings in the B-4 Zone. 7. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 8. The park dedication requirement does not apply in this application. City Planner Meagan Beekman stated no letters, e-mails or telephone calls from property owners or occupants have been received regarding this planning case. Staff Recommendations Based on the submitted plans and findings of fact, Staff recommends approval of Planning Case #12-015 for a Zoning Code Amendment and Conditional Use Permit at 1160 Red Fox Road. Staff recommends the following three conditions be included with the approval: ARDEN HILLS PLANNING COMMISSION – October 3, 2012 5 1. The applicant shall abide by all state laws regarding the manufacturing, distribution and sale of alcohol. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 3. Nuisance odors shall be kept in compliance with State Law. Commissioner Holewa asked about the land use chart presented and requested Ms. Beekman go through the zoning areas the micro-breweries would not be allowed. Ms. Beekman stated the City has no land in the I-2 District. The I-1 District is encompassed by Land O’Lakes and Boston Scientific corporate campuses. City Planner Beekman provided the definition of Brew Pubs. Mr. Bartley Blume 3287 Owasko Heights Road, Shoreview appeared before the Commission and explained his plan for craft beers and craft spirits. He would like to be the pioneer in the production of craft spirits. He wants his facility to be a tourist attraction where people would come to visit his business and have tours of the facility. He also plans a taproom where people can relax and have a beer. The on-sale/off-sale license is unique. Only the beers and spirits produced there can be sold there. The hours of operation would be very different from the surrounding businesses and would most likely be 4 – 10 p.m. This is a very high traffic area and he is hoping to get business from the traffic that is already there. There would be no odors. Mr. Blume stated the Blue Fox is possibly concerned about competition but he has spoke with a manager and they are very interested in carrying his line in their bar/restaurant. This business would be a family owned business that would bring tax monies into the City. He feels it would be an advantage to the City. Commissioner Holewa asked when the business would be operational and Mr. Blume stated hopefully by the first of the year with the taproom opening 3-4 months after that. Commissioner Holewa asked about the food requirement. Mr. Blume stated most licenses require with a liquor license food be served that is prepared onsite. Commissioner Holewa asked who signed the memorandum of understanding regarding parking and Mr. Blume stated Roberts Development Co. Vice Chair Thompson opened the public hearing at 6:55 p.m. No one appeared to address the Commission. Vice Chair Thompson closed the public hearing at 6:56 p.m. The City of Arden Hills received the completed application for this request on September 11, 2012. Pursuant to Minnesota State Statue, the City must act on this request by November 11, 2012 (60 days) unless the city provides the petitioner with written reasons for and additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Vice Chair Thompson asked about the liquor license. City Planner Beekman stated the application for the liquor license will go to the Council at their October 29, 2012 City Council Meeting ARDEN HILLS PLANNING COMMISSION – October 3, 2012 6 Commissioner Holewa moved, seconded by Commissioner Zimmerman, to recommend approval of amendments to Sections 1305.04 and 1320.05 of the Zoning Code to allow for the inclusion of micro breweries, micro distilleries, and brewpubs as land uses as presented in the October 3, 2012, report to the Planning Commission. The motion carried unanimously (4-0). Commissioner Zimmerman moved, seconded by Commissioner Holewa, to recommend approval of a conditional use permit (CUP) to allow a micro brewery and micro distillery at 1160 Red Fox Road, based on the findings of fact, as amended by the Conditions of Approval presented in the October 3, 2012, report to the Planning Commission. The motion carried unanimously (4-0). This planning case will be on the October 29, 2012, City Council meeting agenda. B. Planning Case 12-016 – Site Plan Review – Fence Standard Adjustment; Paul and Matthew Trites, 1850 Indian Place – Not a Public Hearing City Planner Meagan Beekman reviewed the applicants are requesting a site plan review to construct a six (6) foot fence within the 40 foot front yard setback on the property located at 1850 Indian Place. The proposed fence would end 12 feet from the front property line on both side lot lines. City Planner Meagan Beekman reviewed the applicants own the residential property and are proposing to construct 56 lineal feet of 6-foot high fence. The fence would be located along the side lot property line with 28 lineal feet on either side of the front yard. The Zoning Code permits three (3) foot high fencing within the front yard setback without commission and council review. The applicant has submitted a letter addressing the reasoning for the application, a plat map of the property, a sketch of the location of the fence and photographs of the site. Staff has also provided an aerial photograph of the site. There are no known variance requests on file for this property. City Planner Meagan Beekman reviewed the lot is irregular in shape. Staff has determined the lot line that fronts the cul-de-sac to be the front yard and the north and west lot lines to be the side yards. In additional to this planning case, the applicants have been issued two separate fence permit applications for 600 feet of six (6) foot high fencing throughout the side and rear yards; which met all requirements of the Zoning Code. The applicants are seeking to extend the approved fence another 28 feet on both side yards; however, this additional fencing will extend into the 40-foot required front yard setback for 6-foot tall fences. City Planner Meagan Beekman stated the Zoning Code allows for a property owner to construct a fence that deviates from what the code allows in exceptional and unusual circumstances, if approved through a Site Plan Review. 1325.05 Subd. 4 D.7 states that the “objective of this provision is to improve...” - Livability - Appearance ARDEN HILLS PLANNING COMMISSION – October 3, 2012 7 - Security City Planner Meagan Beekman offered the following nine findings of fact for review: 1. The height of the fence exceeds the maximum allowable height in the front yard structural setback. 2. A three foot fence is allowed in the proposed location without a site plan review process. 3. The proposed fence will not damage the abutting property. 4. The finished side of the fence will face the adjoining property. 5. The proposal does not improve the livability of the property. 6. The proposal does not improve the appearance of the property, as the proposed fence location is not consistent with other properties in the area. 7. The proposal does not improve the security of the property, as a three-foot fence would effectively provide security for the property. 8. There is a documented history of conflict between the applicant and the adjoining property owners. 9. The proposal will not alleviate the conflict amongst the property owners as there are other remedies available outside of erecting a 6-foot fence in the front yard. City Planner Meagan Beekman stated the findings of fact for this Site Plan Review support a recommendation for denial. If the Planning Commission wishes to make a recommendation for approval, the findings of fact must be amended to reflect the reasons for the approval. Staff has received comments from four residents. Christine Pulzer called Staff today to speak in favor of the proposal. Commissioner Zimmerman asked about the findings of fact that the fence would not resolve the conflicts with the neighbors. City Planner Meagan Beekman stated staff reviewed this with the City Attorney and there are other remedies available to resolve the conflicts. Commissioner Stodola asked if shrubs or hedges could be planted. City Planner Beekman stated some vegetation could be planted and could grow quite high however if any of the vegetation were to grow on the neighbors property they would have the right to cut the portion on their property. Vice Chair Thompson asked if plantings can be done on the right-of-way. City Planner Beekman stated plantings can be done in the right-of-way; however, it is subject to removal if necessary. Commissioner Holewa verified there are four houses on the cul-de-sac. City Planner Beekman showed the location on the existing fences on the aerial view. Ms. Beekman noted there is a 20 foot easement at the back of the property. Mr. Matt Trites, 1850 Indian Place, stated the northern fence is not placed correctly on the aerial view. It will not connect to anything. The southwest property line fence has a gate. There are two trees planted on the property line, which will not be disturbed. ARDEN HILLS PLANNING COMMISSION – October 3, 2012 8 Vice Chair Thompson asked Mr. Trites had any further presentation. Commissioner Stodola asked about the gate and if the entire backyard will be fenced in. Mr. Trites stated it would and would prevent trespassing. Mr. Trites stated the fencing material is the best available. He stated it is a very strong fence and is maintenance free. Separate sections of the fence can be easily replaced if necessary. Vice Chair Thompson called for a 5 minute recess at 7:17 p.m. to give the Commissioners an opportunity to review additional information received recently: Two letters against the variance request from Larry and Becky Erickson, 1860 Indian Place. A letter against the variance request from Steve and Viola Gericke, 1840 W. County Road E. An email against the variance request from Chuck Mertensotto, 3473 Lake Johanna Blvd. A letter from Nathan J. Krogh, Krogh Law Firm, P.A. in support of the variance request. Vice Chair Thompson called the meeting back to order at 7:24 p.m. Commissioner Holewa stated the Commission read through all input and is bound to what the Ordinance states. Vice Chair Thompson stated she agrees with Commissioner Holewa’s comment. The ordinance is in place regarding fences in a front yard for a reason. She stated they want to consistently meet the standards. City Planner Meagan Beekman clarified the 6 foot fence would not go in front of the property just along the sides where there is an existing fence. The applicant could put a three foot fence in front of the property if they desired as the code allows for that. Commissioner Holewa asked about the easement that goes into the landlocked house. 100% of the access to that property is through the easement. Commissioner Holewa moved, seconded by Commissioner Zimmerman to recommend denial of Planning Case 12-016 for a site plan review at 1850 Indian Place to allow a six foot fence within the 40 foot front yard setback, based on the findings of fact and submitted plans in the October 3, 2012, report to the Planning Commission. The motion carried unanimously (4-0). This planning case will be on the October 29, 2012, City Council meeting agenda. UNFINISHED AND NEW BUSINESS None REPORTS ARDEN HILLS PLANNING COMMISSION – October 3, 2012 9 A. Report from the City Council Councilmember Holmes stated the City Council vote (3-2) to approve Ordinance 2012- 007, in Planning Case 12-014, adopting Zoning regulations regarding multi-family dwelling units with an amendment to lower the minimum amount of required parking spaces for efficiency and one bedroom units from 1.5 to 1.l. The fall community cleanup day will be held on October 6 from 8 a.m.-3 p.m. behind the Ramsey County Public Works Facility. For a small fee residents may bring items for drop off and recycling. The Walgreens is now open. Meetings regarding traffic flow have been held and the final meeting of the B2 District Corridor will be held on October 8th. Vice Chair Thompson requested a copy of the report be provided to the Planning Commission. The intersection of Hamline and County Road F is closed and will be closed for one month for the installation of a traffic signal. Commissioner Holewa asked for an update on the City sign that was to be constructed near Walgreens. Councilmember Holmes stated that would be a gateway sign that was going to be put in the corner of Lexington and County Road E. but it was determined not to be the best place for a sign. The northwest corner may be a better choice but also has some problems. Staff has been directed to look at other options for the location of the sign. Walgreens has contributed funds to pay for the sign. Commissioner Zimmerman suggested the city sign be placed East of the Walgreens sign. City Planner Meagan Beekman stated when discussing with the County it was found there was many underground utilities. B. Planning Commission Comments and Requests Vice Chair Thompson stated the Arden Hills celebration was wonderful. She commended staff on their efforts. The attendance was very good. Commissioner Holewa asked when Walgreens will open and it was noted it is open. Commissioner Holewa asked if the Pulte Development is totally sold. Ms. Beekman stated she believes 5 lots are still available. Commissioner Holewa asked how Johanna Shores development was proceeding. Ms. Beekman stated they are planning to move the residents into the new site. Demolition of the old primary building will happen in stage two with completion of the primary building and landscaping is planned for Spring of 2014. C. Staff Comments None ADJOURN ARDEN HILLS PLANNING COMMISSION – October 3, 2012 10 Commissioner Holewa moved, seconded by Commissioner Stodola, to adjourn the September 5, 2012, Planning Commission Meeting at 7:45 p.m. The motion carried unanimously (4-0).