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HomeMy WebLinkAbout2021-02-16 PC Packet Meeting is also available on Comcast Ch. 16 and streaming vod.maplewoodmn.gov AGENDA CITY OF MAPLEWOOD PLANNING COMMISSION Tuesday, February 16, 2021 7:00 PM Held Remotely Via Conference Call Dial 1-888-788-0099 or 1-312-626-6799 When Prompted Enter Meeting ID: 982 6122 3708# No Participant ID, Enter # When Prompted A.Call to Order B.Roll Call C.Approval of Agenda D.Approval of Minutes 1.January 19, 2021 E.Public Hearing 1.7:00 p.m. or later: White Bear Meadery, Conditional Use Permit, 1320 County Road D Circle East F.New Business 1.2020 Annual Report G.Unfinished Business H.Visitor Presentations I.Commission Presentations J.Staff Presentations K.Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: 1.The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. 2.Staff presents their report on the matter. 3.The Commission will then ask City staff questions about the proposal. 4.The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. 5.This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium and speak clearly. Give your name and address first and then your comments. 6.After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. 7.The Commission will then discuss the proposal. No further public comments are allowed. 8.The Commission will then make itsrecommendation or decision. 9.All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. “Welcome to the meeting of the Maplewood Planning Commission. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the Planning Commission, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. At the podium please state your name and address clearly for the record.” Revised:02/18 D1 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 19, 2021 7:00 P.M. (THIS MEETING WAS HELD REMOTELY VIA CONFERENCE CALL) A.CALL TO ORDER A meeting of the Commission was held and called to order at 7:01 p.m. by Chairperson Arbuckle. B.ROLL CALL Paul Arbuckle, Chairperson Present Frederick Dahm, Commissioner Present Tushar Desai, Vice Chairperson Present John Eads, Commissioner Present Allan Ige, Commissioner Present Sheryl Sukolsky, Commissioner Present Lue Yang, Commissioner Present Staff Present: Michael Martin, Assistant Community Development Director Elizabeth Hammond, Planner C.APPROVAL OF AGENDA Commissioner Desai moved to approve the agenda as submitted. Seconded by Commissioner Ige. Ayes – All The motion passed. D.APPROVAL OF MINUTES Commissioner Dahm moved to approve the November 17, 2020, PC minutes as submitted. Seconded by Commissioner Yang. Ayes – Dahm, Desai, Eads, Ige, Sukolsky and Yang Abstain – Arbuckle The motion passed. E.PUBLIC HEARING 1.7:00 p.m. or later: Home Occupation License Resolution, 2328 Montana Avenue East Chairperson Arbuckle opened the public hearing. Renee McCoy, the applicant addressed the commission. Chairperson Arbuckle closed the public hearing. January 19, 2021 1 Planning Commission Meeting Minutes PC Packet Page Number1 of 26 D1 Commissioner Desai moved to approve a resolution for a Home Occupation License for a home based business offering private fitness classes at the residential property located at2328 Montana Avenue East. Seconded by Commissioner Ige. Ayes – All The motion passed. This item will go to the city council on February 8, 2021. 2.7:00 p.m. or later: Saint John’s Hospital, Conditional Use Permit Amendment Resolution, 1575 Beam Avenue East Chairperson Arbuckle opened the public hearing. Derrick Shatava and Daniel Abeln of Leo Daly Architects presented to the commission. Chairperson Arbuckle closed the public hearing. Commissioner Desai moved to approve a resolution for a Conditional Use Permit Amendment which approves a 21,000 square foot vertical building expansion to be constructed at 1575 Beam Avenue East. Seconded by Commissioner Eads. Ayes – All The motion passed. This item will go to the city council on January 25, 2021. 3.7:00 p.m. or later: Maplewood Moose Lodge and Family Center, 1832 Gervais Court East a.Comprehensive Plan Amendment Resolution b.Rezoning Resolution c.Conditional Use Permit Resolution Chairperson Arbuckle opened the public hearing. No one spoke. Chairperson Arbuckle closed the public hearing. Commissioner Desai moved to approve a resolution for a Comprehensive Plan Amendment for the property located at 1832 Gervais Court East reguiding the property’s future land-use designation from from high-density residential to employment and moved to approve a resolution approving a Rezoning Application for the property located at 1832 Gervais Court East rezoning the property from LBC-Limited Business Commercial to M1-Light Manufacturing and moved to approve a resolution approving a Conditional Use Permit for the property located at 1832 Gervais Court East allowing a place of amusement, recreation or assembly to operate on the property and subject to certain conditions of approval. Seconded by Commissioner Ige. Ayes – All The motion passed. This item will go to the city council on February 8, 2021. January 19, 2021 2 Planning Commission Meeting Minutes PC Packet Page Number2 of 26 D1 F.NEW BUSINESS None. G.UNFINISHED BUSINESS None. H.VISITOR PRESENTATIONS None. I.COMMISSION PRESENTATIONS Chairperson Arbuckle asked questions regarding previous planning cases. J.STAFF PRESENTATIONS 1.Staffing Update Michael Martin, Assistant Community Development Director, introduced Elizabeth Hammond, Planner for the City of Maplewood to the commission. K.ADJOURNMENT Chairperson Arbuckle adjourned the meeting at 7:57 p.m. January 19, 2021 3 Planning Commission Meeting Minutes PC Packet Page Number3 of 26 This page intentionally left blank. PC Packet Page Number4 of 26 E1 PLANNING COMMISSIONSTAFF REPORT Meeting Date February 16, 2021 REPORT TO:Melinda Coleman, City Manager REPORT FROM:Elizabeth Hammond, Planner PRESENTER:Michael Martin, AICP, Assistant Community Development Director Elizabeth Hammond, Planner AGENDA ITEM:White Bear Meadery,Conditional Use Permit,1320 County Road D Circle East Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Joshua Eckton, on behalf of White Bear Meadery, has submitted a request for a conditional use permit for the property located at 1320 County Road D Circle East. The applicant is requestingto operate a meadery, where honey wines(wine made from fermented honeyand sometimes fruits) are produced and sold on the property.The applicant is proposingtorenovate the existing building (formerly Hillcrest Animal Hospital) and have a portion of the building used for the manufacturing and production of the wine, andhavea wine tasting roomon-sitewhere prepackaged food and wines made on-site would be served. Recommended Action: Motion to approve a resolution approving a conditional use permit for the property located at 1320 County Road D Circle East, allowing a meaderyto operate on the property,subject to certain conditions of approval. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The city deemed the applicant’s application complete on January 20, 2021. The initial 60-day review deadline for a decision is March 22, 2021.As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. PC Packet Page Number5 of 26 E1 Background: Joshua Eckton on behalf of White Bear Meadery is requesting land use approvalto allow for the businessto purchase the propertylocated at 1320 County Road D Circle East and begin operating a meaderyin the existing building.White Bear Meadery has an existing businessin operation at 1595 County Road East in Gem Lake, but they have outgrown and plan to close the current location.Approval of this proposal would be an expansion for the business.They would continue operating at their current location in Gem Lake, until the location in Maplewood is ready to open to the public. The applicant has indicated aninterest in growing fruit trees and grapes on the property to showcasethe ingredients and educate visitors to the business onthe mead making process. There would also be local honey and local merchandise for sale to the public. In addition to selling samples of mead and bottles of mead, the applicant’s narrative indicates there will be non-alcoholic drink options available, some prepackaged foods and occasionally a food truck on-site for lunch and dinner.Finally, the applicant would like to host small events on-site such as yoga, art classes or live music. For this review process, the applicant has submitted preliminary concept plans which currently do notinclude significantexterior or interior renovations. Certain building modifications or exterior site modificationsmay require further review by the City.Depending upon the extent of any future planned modifications, the applicant will be required to obtain necessary construction permits, or submit plans for review by the Community Design Review Board. Conditional Use Permit The proposed use requires a conditional use permit in the M1, light manufacturing district.The property is zoned and guided for commercial uses. City code section 44-636 allows for the manufacturing, production and sale of the wine on the premiseas a permitted use. City code 44- 512allows forbeverage distribution and for the property to be used for a place of amusement, recreation or assembly, with a conditional use permit.Specificconditions have been added to the attached resolution to ensure the proposed use complies with the required findings of City Ordinanceand to minimize any adverse effects to the surrounding property. Parking City Code Section 44-17 requires that places of public assemblage providea minimum of one off- street parking space for every four seats. Staff has added a condition requiring the applicant to submit a seating chart and parking plan to staff for review. The current plan indicates there are 41 parking stalls on site. Staff Review Public Safety TheFire Departmentreviewed the proposal and will require the building to meet any applicable fire and safety codes. The fire protection systems and exit ways must be inspected and approved by the Fire Department prior to operation and issuance of a Certificate of Occupancy. The Police Department reviewed the proposal and has no concerns with the current proposal, however, has requested that the applicant consider installinglighting as appropriate to prevent theft, and cameras and alarm systems as this is a helpful tool for identifying crime if it should occur. Engineering The Engineering Department reviewed the proposalandwill require the applicant to obtain a driveway permit and possibly a grading/erosion control permit depending upon the extent of the exterior siteimprovements. In addition, the applicantwill need tomake an application to the PC Packet Page Number6 of 26 E1 Metropolitan Councilfor aSewer Accessibility Charge (SAC) determination prior to any permits being issuedfor the property. Environmental Health The City’s Environmental Health Official reviewed the proposal and determined that the applicant will need toapply for an annual food permitand go through the plan review process associated with the permit prior to operation. Board and Commission Review Thecurrent proposal does not require review by the Community Design Review Board. However, if the applicant proposes future modifications to the site or the building, those changes would be subject to review by the City. The land-use proposal requiresa public hearing at the Planning Commission and will go to the City Council for final approval. Citizen Comments Staff surveyed thesurrounding property owners within 500 feetof the proposed site for their opinion about this proposal. Staff received eightresponses as shown below. 1.I am in support of the White Bear Meadery taking over the former animal hospital. I would hope that if the Meadery goes through, there would be some additional patrolling in the area to assess the traffic issues that may arise with an additional business in the neighborhood. (Jeanne Schaum, received via email, 1240 County Road D E) 2.I live in close proximity to the conditional use permit consideration. As this property is at the end of a cul-de-sac, and in a primarily residential area, I do have some concerns and questions: What will bethe anticipated hours of use? Concerns about day and evening activity. What will be the anticipated volume of traffic? Concerns about traffic in a residential cul- de-sac, with families with children. Issues with speed of anticipated traffic. What is being considered for future development for other property on this street, and impact of additional traffic, parking, etc. if it might be more apartment/multi-unit buildings? Outdoor noise concern Sidewalk accessibility needs/concerns to keep foot traffic on public grounds and not on surrounding private grounds. We are quite a diverse neighborhood, with families from a variety of cultures, some of whom do not drink as part of their beliefs. What would be their approach to manage this in an inclusive way?(Patricia Gray, sent via email,1279 County Road D Circle East) 3.The same questions/responseas abovein response 1. (Kristine Meech,sent via email, 1272 County Rd D) 4.I received a letter from you on Jan 28, 2021 asking for input on the Conditional Use Permit the City is considering for the conversion of the Hillcrest Animal Hospital site (1320 County Rd D Cir E) to a Meadery. I appreciate you asking my opinion. I have a few questions that were not addressed in your letter and are things that I believe the City would also be interested in knowing. My questions and comments are as follows: They will be using Chemicals to ferment, fine and filter the Mead. There is no mention of Safety precautions or Safety Data sheets included for the Chemicals they will be using onsite. Also there was no discussion regarding how they will be disposing of these PC Packet Page Number7 of 26 E1 Chemicals and any byproducts from the Mead fermentation. Does the City have this information? There is also the matter of the Sanitizing equipment and process which are another source of potential pollution that should be addressed and discussed. Has a Phase 1 study been conducted on the site so that a Baseline can be established? I am assuming if a Financial Institution is involved in the purchase of the property they will possibly require one. The City should have a copy of this also. How is the Meadery planning to deal with the Carbon dioxide and any odors being produced in the fermentation tanks etc.? The onsite Mead lab will also be using agents and reagents that could be toxic and potentially harmful. What precautions etc. are planned so that no safety and pollution issues evolve? No mention was made in your letter or attachments regarding the volume of traffic this Business expects. Has the City looked at this and how it may affect residents? I am also wondering if anyone has determined the amount of Waste water this site would generate and can the current sewer system handle this increased volume? Does the City have an Environmental Consultant that could review this proposal and advise accordingly? I do not have an issue with the Business but just want to make sure that Safety and Health issues have been reviewed prior to issuing the Conditional Use permit and also that any traffic concerns be resolved beforehand. (James Taglia, sent via email, 1325 County Rd D Cir E) 5.I'd love to see something like this in Maplewood. It’sunique and would be a nice change from chain names.(Name not provided, received via online comment form, 2990 Carey Heights Dr.) 6.Regarding the proposal for a meadery, I am not opposed to having the meadery, but I am opposed to having an area for children in that type of establishment. (Anonymous caller, received via voicemail, address not provided) 7.Regarding your letter for the conditional use permit, we would like to have them next door, no problems on our end. If you need anything to help them through this process so it helps them along, more than happy. We would like to help them get their little business started. (Steve,received via voicemail,Sparkle Auto3065 Hwy 61 N) 8.I have several questions/concerns about this proposal: I assume White Bear Meadery will require a liquor license. I assume White Bear Meadery will require a commercial license. How is this property currently zoned, and does that zone designation run along Highway 61 only? What hours do they intend to operate? What type of merchandise will be sold other than honey and wine? This development would negatively impact this densely populated residential neighborhood. Many children would be at risk because of additional traffic in an already heavy traffic area, (which is a dead-end road), including transport trucks. And this traffic flows on to the already very busy County Road D. PC Packet Page Number8 of 26 E1 Why would a meadery offer yoga and art classes? Outdoor bands means more noise. And a Renaissance Fair Day -plus? This is the wrong use for this property and I urge the City of Maplewood to deny the Conditional Use Permit for White Bear Meadery. (Mary Dean, received via post mail, 1233 E. County Road D Vadnais Heights) 9.The plan that was sent to the neighbors about the proposed establishment listed above concerns a few of us on County D Circle. Here are a list of our concerns: The traffic it will produce -not just employees and customers, but the trucks hauling in materials to produce the wine. The noise-outside seating is proposed in the future. Not to mention events the establishment will have, weddings, etc. Will there be music outside or even inside? What are the proposed hours the winery will be opened to the public? Working hours? Is there enough room on the lot to accommodate all thatis required? Outside seating, enough room toaccommodate 79 people inside, including their vehicles? (Cindy Lemke,received via email, address not provided) Reference Information Site Description Site Size:1.77 Acres Existing Land Use: Vacant commercial building Surrounding Land Uses North:City of Vadnais Heights, single-family condominiums East:Highway 61, automobile related (sales/repair)commercial businesses South: Automobilerelated (sales/repair)commercial businesses West: Single family residential Planning Existing Land Use: Commercial Future Land Use: Commercial Existing Zoning: M1, light manufacturing Attachments: 1.Conditional Use Permit Resolution(3 pages) 2.OverviewMap (1 page) 3.2040 Future Land Use Map(1 page) 4.Zoning Map (1 page) 5.Applicant’s Narrative(6 pages) 6.Site Plan and Building Layout (2 pages) PC Packet Page Number9 of 26 E1, Attachment 1 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Joshua Eckton, on behalf of theWhite Bear Meadery, has requested approval of a conditional use permitto operatea meaderyon the property. 1.02Theproperty is located at 1320 County Road D Circle East andislegally described as: That part of the Northwest quarter of Section 3, Township 29, Range 22 which lies N01th and West of the Saint Paul and White Bear State Highway and North of a line described as follows: Beginning at a point in the West line of said Section 3 which point is 183 .55 feet South of the Northwest corner of said Section 3; thence Southeasterly in a straight line 406.11 feet to a pointin the center line of Saint Paul and Duluth Highway No. 61, which point is 323.36 feet Southwesterly from the point of intersection of said center line of said highway with the North line of said Section 3, Ramsey County, Minnesota. PIN: 03-29-22-22-0024 Section 2. Standards. 2.01City Ordinance Section 44-637(a) (1)by Section 44-512(2) (3) requires a Conditional Use Permit for beverage processing and distribution, a place of amusement, recreation or assembly. 2.02General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be inconformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods ofoperation that would be dangerous, hazardous, detrimental, disturbing or cause anuisance to any person or property, because of excessive noise, glare, smoke, dust,odor, fumes, water or air pollution, drainage, water run-off, vibration, generalunsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets,police and fire protection, drainage structures, water and sewer systems, schoolsand parks. PC Packet Page Number10 of 26 E1, Attachment 1 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural andscenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01The proposal meets the specific conditional use permit standards. Section 4. CityReview Process 4.01The City conducted the following review when considering this conditional use permit request. 1.OnFebruary 16, 2021, the planning commission held a public hearing. City staff published a hearing notice in the Pioneer Pressand sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council ________ this resolution. 2.On March 8,2021, the city council discussed this resolution. Theyconsidered reports and recommendations from the planning commission and citystaff. Section 5. City Council 5.01The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1.The applicant shall submit aseating chart and a parking plan to City staff.All of the parking related to the business shall be confined to thesite and is prohibited on City streets or neighboring properties. 2.Any site or building modifications are subject to the City’s designreviewprocess. 3.All local and state regulations governing the operation of the use shall be adhered to at all times. 4.Signs shall follow the City’s sign ordinance. Signs shall not be installed unless the applicant first obtains a sign permit. 5.Any and all trash receptacles shall be contained within an enclosed structure. Design of a new structureshall be subject to the City’s design review process. 6.The proposed use must be substantially started within one year of council approval or thepermit shall become null and void. The council may extend this deadline for one year.The City Council shall review this permit in oneyear. PC Packet Page Number11 of 26 E1, Attachment 1 7.The applicant shall comply with all requirements of the building official, fire chief and City engineer. 8.The fire protection systems and exit ways must be inspected and approved prior to the issuance of a certificate of occupancy. 9.Depending uponthe extent of any exterior site improvements, the applicant shall obtain a driveway permit and grading/erosion control permit from the City engineer. 10.The applicant shall obtaina SAC determination from the Metropolitan Council prior to any permitsbeingissued for the property. 11.The applicant shall submit an application to the City’s environmental health official for an annual food permitand plan reviewprior to operation. 12.The applicant shall obtain and provide a copy of the approved winerylicense prior to operation. 13.The business hours of operation are limited to the state winery license allowance. 14.All deliveries shall occur betweenthe hours of 7:00 am – 8:00 pm. 15.The applicant shall install a stop sign at the driveway exit from the property. __________by the City Council of the City of Maplewood, Minnesota, on March 8, 2021. PC Packet Page Number12 of 26 E1, Attachment 2 Overview Map January 12, 2021 City of Maplewood Information Legend ! I Parcel 0390 Feet Source: City of Maplewood, Ramsey County PC Packet Page Number13 of 26 E1, Attachment 3 2040 Future Land Use Map January 21, 2021 City of Maplewood Information 1320 County Road D Circle East Legend ! I Future Land Use - 2040 Low Density Residential Medium Density Residential High Density Residential Commercial Utility Open Space Park Parcel 0790 Feet Source: City of Maplewood, Ramsey County PC Packet Page Number14 of 26 E1, Attachment 4 Zoning Map January 21, 2021 City of Maplewood Information 1320 County Road D Circle East Legend ! I Zoning Open Space/Park Single Dwelling (r1) Multiple Dwelling (r3) Planned Unit Development (pud) Farm (f) Light Manufacturing (m1) Parcel 0790 Feet Source: City of Maplewood, Ramsey County PC Packet Page Number15 of 26 E1, Attachment 5 What is Mead? Meadis analcoholic beverage created by fermentinghoney with water, sometimes with various fruits, spices, grains, or hops. The alcoholic content ranges from about 3.5% ABV to more than 20%. The defining characteristic of mead is that the majority of the beverage's fermentable sugar is derived from honey. It may be still, carbonated, or naturally sparkling; dry, semi-sweet, or sweet. Mead was produced in ancient history throughout Europe, Africa and Asia, and has played an important role in the culture of many people. The terms "mead" and "honey-wine" often are used synonymously. What is a Meadery? A meadery is a winery that produces honey wines or meads. A meadery can also refer to a type ofrestaurant that serves mead and food with a medieval ambience. Meaderies that produce honey wines or meads are becoming more abundant in the US. The number of commercial meaderies in the U.S. increased tenfold in just over a decade, from about 30 in 2003 to close to 300 in early 2016 and around 500 currently according to the American Mead Makers Association, (AMMA)making it the fastest growing alcoholic beverage category in the US. What is White Bear Meadery planning to do? Renovate 1320 County Road D, Maplewood, MN 55109 into a meadery with a mead fermentaion space, production space, tasting room & bar, party room, kids corner, outdoor seating and eventually a kitchen in later 2021 or 2022. Produce and bottle Minnesota Grown hand crafted mead varieties in 500 ml cans and 375 ml & 750 ml bottles with a cork and a capsule finish Sell glasses and flights of our mead varieties on tap to be consumed by guests 21 years and older onsite in our tasting room Sell cans and bottles of mead varieties to guests 21 years and older offsite Sell local honey, logo merchandise, horn mead cups/mugs and related items Sell pre-pack foods and non-alcoholic beverages for lunch and dinner (approx. 79 seating capacity) Give samples of mead varieties to guests 21 years and older Wholesale hand crafted mead varieties to local restaurants and liquor stores via Farm Winery License. Host events like food truicks, yoga, art clases, bands, Ren Faire Day etc. PC Packet Page Number16 of 26 E1, Attachment 5 Licenses needed for Honey Bear Meadery? Business License-City of Maplewood Restaurant License ? Farm Winery License-State if Minnesota Manufacturer License: Wine Making On-Sale License: Section 2.3 On-Sale Sunday License: Section 2.4 Off-Sale Wine License: Section 2.5 Proposal: Section 2.3 for Wine Tasting Room: licenses shall permit the licensee to engage in on- sale of wine produced by the wine making license for consumption on the premises of or adjacent licenses shall be issued only to restaurants with facilities for seating at least 25 guests at one time, and shall permit the sale of with up to 24% by volume for consumption with or without sale of Proposal: Section 2.5 Wine-The sale of liquor in original packages in retail stores for Pertinent Minnesota Statutes, Chapter 340A 340A.101 DEFINITIONS. Subd. 2.Alcoholic beverage. "Alcoholic beverage" is any beverage containing more than one-half of one percent alcohol by volume. Subd. 10.Exclusive liquor store. "Exclusive liquor store" is an establishment used exclusively for the sale of those items authorized in section340A.412, subdivision 14. Subd. 14.Intoxicating liquor. "Intoxicating liquor" is ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight. PC Packet Page Number17 of 26 E1, Attachment 5 Subd. 17.Manufacturer. "Manufacturer" is a person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale. Subd. 20.Off-sale. "Off-sale" is the sale of alcoholic beverages in original packages for consumption off the licensed premises only. Subd. 21.On-sale. "On-sale" is the sale of alcoholic beverages for consumption on the licensed premises only. Subd. 22.Package. "Package" is a sealed or corked container of alcoholic beverages. Subd. 25.Restaurant. "Restaurant" is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for guests as prescribed by the appropriate license issuing authority. Subd. 26.Retail. "Retail" is sale for consumption. Subd. 28.Wholesaler. "Wholesaler" is a personwho sells alcoholic beverages to persons to whom sale is permitted under section340A.310, from a stock maintained in a warehouse in the state. Subd. 29.Wine. "Wine" is the product madefrom the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits as defined in subdivision 9. PC Packet Page Number18 of 26 E1, Attachment 5 340A.413 RESTRICTIONS ON NUMBER OF INTOXICATING LIQUOR LICENSES THAT MAY BE ISSUED. Subd. 4.Exclusions from license limits. On-sale intoxicating liquor licenses may be issued to the following entities by a city, in addition to the number authorized by this section: (1)clubs, or congressionally chartered veterans organizations; (2)restaurants; (3)establishments that are issued licenses to sell wine under section340A.404, subdivision 5; (4)theatersthat are issued licenses under section340A.404; (5)hotels; and (6)bowling centers. § Subd. 5.Off-sale licenses. Nooff-sale intoxicating liquor license may be issued in any city, except as provided in this section, in excess of the following limits: (1)in cities of the first class, not more than one off-sale license for each 5,000 population; and (2)in all other cities the limit shall be determined by the governing body of the city. 340A.404 INTOXICATING LIQUOR; ON-SALE LICENSES. Subd. 5.Wine licenses. (a)A municipality may issue an on-sale wine license with the approval of the commissioner to a restaurant having facilities for seating at least 25 guests at one time. A wine license permits the sale of wine of up to 24 percent alcohol by volume for consumption. A wine license authorizes the sale of wine on all days of the week unless the issuing authority restricts the license's authorization to the sale of wine on all days except Sundays. (b)The governing body of a municipality may by ordinance authorize a holder of an on-sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2 percent malt liquors at on-sale pursuant to section340A.411, to sell intoxicating malt liquors at on-sale without an additional license. 340A.301 MANUFACTURERS, BREWERS, AND WHOLESALERS LICENSES. PC Packet Page Number19 of 26 E1, Attachment 5 Subdivision 1.Licenses required. No person may directly or indirectly manufacture or sell at wholesale intoxicating liquor, or 3.2 percent malt liquor without obtaining an appropriate license from the commissioner, except where otherwise provided in this chapter. A manufacturer's license includes the right to import. A licensed brewer may sell the brewer's products at wholesale only if the brewer has been issued a wholesaler's license. The commissioner shall issue a wholesaler's license toa brewer only if (1) the commissioner determines that the brewer was selling the brewer's own products at wholesale in Minnesota on January 1, 1991, or (2) the brewer has acquired a wholesaler's business or assets under subdivision 9, paragraph (c) or (d). A licensed wholesaler of intoxicating malt liquor may sell 3.2 percent malt liquor at wholesale without an additional license. 340A.406 INTOXICATING LIQUOR; COMBINATION LICENSES. A city of the fourth class or a statutory city of 10,000 or fewer population may issue an off-sale and on-sale intoxicating liquor license to the same licensee or, in lieu of issuing on-sale and off-sale licenses separately to a licensee, may issue a combination on-sale and off-sale license. A city may continue to issue licenses under this subdivision when the population of the city exceeds 10,000 population. 340A.412 LICENSE RESTRICTIONS; INTOXICATING LIQUOR LICENSES. Subd. 14.Exclusive liquor stores. (a)Except as otherwise provided in this subdivision, an exclusive liquor store may sell only the following items: (1)alcoholic beverages; (2)tobacco products; (3)ice; (4)beverages, either liquid or powder, specifically designated for mixing with intoxicating liquor; (5)soft drinks; (6)liqueur-filled candies; (7)foodproducts that contain more than one-half of one percent alcohol by volume; (8)cork extraction devices; PC Packet Page Number20 of 26 E1, Attachment 5 (9)books and videos on the use of alcoholic beverages; (10)magazinesand other publications published primarily for information and education on alcoholic beverages; (11)multiple-use bags designed to carry purchased items; (12)devices designed to ensure safe storage and monitoring of alcohol in the home, to prevent access by underage drinkers; (13)home brewing equipment; and (14)clothing marked with the specific name, brand, or identifying logo of the exclusive liquor store, and bearing no other name, brand, or identifying logo. (b)An exclusive liquor store that has anon-sale, or combination on-sale and off-sale license may sell food for on-premise consumption when authorized by the municipality issuing the license. (c)An exclusive liquor store may offer live or recorded entertainment. 340A.510 SAMPLES. § Subdivision 1.Samples for other than malt liquor authorized. On-or off-sale retail licensees and municipal liquor stores may provide, or permit a licensed manufacturer or a wholesaler or its agents to provide on the premises of the retail licensee or municipal liquor store, samples of wine, liqueurs, cordials, and distilled spirits which the retail licensee or municipal liquor store currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, cordial, and distilled spirits samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of sale in a quantity less than 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or cordial, and 15 milliliters of distilled spirits per variety per customer. PC Packet Page Number21 of 26 E1, Attachment 6 PC Packet Page Number22 of 26 E1, Attachment 6 PC Packet Page Number23 of 26 This page intentionally left blank. PC Packet Page Number24 of 26 F1 PLANNING COMMISSIONSTAFF REPORT Meeting Date February 16, 2021 REPORT TO: Paul Arbuckle, Planning Commission REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Michael Martin, AICP, Assistant Community Development Director AGENDA ITEM: 2020 Planning Commission Annual Report Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Maplewood City Ordinance requires the Planning Commission to: Review, prepare and make a report to the city council by the second city council meeting in February of each year regarding the commission's activities in the past year and major projects for the new year. Recommended Action: Discuss and provide feedback to the staff regarding the Planning Commission’s 2020 Annual Report. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A/ Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. City of Maplewood’s board and commissions report annually the activities of the past year to the City Council. Background At the February 16, 2021 Planning Commission meeting, staff will distribute the commission’s 2020 Annual Report. Staff will also request the commission take a photo – via Zoom – for inclusion in the annual report. The Planning Commission’s Annual Report is part of the larger Community Development Annual Report that also includes the annual reports for the Community Design Review Board, Housing and Economic Development Commission and Environment and Natural Resources Commission. In PC Packet Page Number25 of 26 F1 coordination with staff from the Community Development Department, many of the projects and initiatives worked on by the City and the department require and rely on feedback and guidance from multiple board and commissions. A hard copy of the entire 2020 Community Development Annual Report will be mailed out to Commissioners at a later date. Attachments 1. 2020 Planning Commission Annual Report – To be distributed at meeting on February 16, 2021 PC Packet Page Number26 of 26