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Home My WebLink About2013 Ordinance No. 045t- t' • • • ORDINANCE NO,~ SERIES OF 2013 BY AUTHORITY COUNCIL BILL NO, 37 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 16, CHAPTERS 5 AND 11 PERMITTING DISTILLERIES, BREWERIES AND WINERIES IN THE CITY OF ENGLEWOOD. WHEREAS, in 2012 the Englewood Planning and Zoning Commission heard requests for a new brewery and separately heard of plans for a new distillery, which was not allowed under the current Unified Development Code; and WHEREAS, the State licenses and regulates these industries but the Englewood Planning and Zoning Commission, the Englewood Liquor Authority and the City Council hereby find that the State has not pre-empted the City of Englewood's Home Rule powers relating to the zoning of these industries; and WHEREAS, there was consensus from the Englewood Planning and Zoning Commission to research these industries and consider Code amendments to facilitate new business development; and WHEREAS, the Englewood Planning and Zoning Commission recommended that City Council approve an ordinance to allow distilleries and clarify language on breweries and wineries and allow distilleries, breweries and wineries as Permitted Uses in I-1 and I-2 districts and as Conditional Uses in the M-2, MU-B-1 and MU-B-2 Districts as long as the businesses are limited in size and designed to encourage pedestrian traffic with such activities as tap rooms, retail sales, tours, etc. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 1, Subsection C, entitled Table of Allowed Uses of the Englewood Municipal Code 2000, to read as follows: 1 11 b i 16-5-l(C): Table of Allowed Uses. [EDITORS NOTE: 16-5-1.1 RESIDENTIAL USES contains no changes and is therefore not included here] [EDITORS NOTE: 16-5-1.1 PUBLIC/INSTITUTIONAL USES contains no changes and is therefore not included here] • • • • • • COMMERCIAL USES Adult Use All types as defined in p p 16-5-2.C.1 Chapter 16-11 Agricultural Use Greenhouse/ nursery, raising p p 16-5-2 .C.2 of plants, flowers, or nursery stock Animal Sales and Service Animal shelter p p Kennel/day care L p p Pet store (live animal sale) p p p p p p Small animal veterinary L L p C p p hospital or clinic Assembly Assembly hall or auditorium, p p p C p p hall rental for meetings or social occasions 3 Membership organization p p p C p p ( excluding adult use) Dependent Care Dependent care center (less C C C C C p p p p p p p C 16-5-2 .C.7 than 24-hour care, any age) Entertainment/ Amusement: Amusement establishment C C C C C C Indoor Hookah lounge p p p p p Physical fitness center/sp a p p p p p p Theater and p p p p p performance/concert venue, not including adult entertainment Entertainment/ Amusement: General outdoor recreation C C C Outdoor Financial Institution Check cashing facility p p p p • • • • • • Financial institution, with L p p drive-through service Financial institution, without p p p p p p drive-through service Food and Beverage Service Brew__fub p p p p p p Caterer p p p p Mi:eFeaFeweey :p :p :p Restaurant, bar, tavern with p p p p p p or without outdoor operations Restaurant, with drive-L p p through service Sal~s RQQm (assm;iat~d with k k k k k a Br~w~c:. Disti11~0; Qr 5 Win~~ Take out and delivery only p p p Medical/Scientific Service Clinic p p p p p p p p p Hospital p p p p p p Laboratory ( dental, medical p p p p p p p p p p or optical) Medical Marijuana Medical marijuana center p p p p p 16-5-2.C.13 16-5-4.C .1.f Medical marijuana optional A A A p p 16-5-2 .C .13 premises cultivation 16-5-4.C.1.f operation Medical marijuana infused A A A p p 16-5-2.C.13 products manufacturer 16-5-4.C. l .f • • • • • • Office Office, type 1 (general) p p p p p p p p p Office, type 2 (limited) p p p p p p p p p p 16-5-2.C.8 Retail Sales and Service Crematorium C (Personal Service) Dry cleaner, drop-off site p p p p p p only Instructional service p p p p p Massage therapy p p p p p p p p Mortuary p p Personal care p p p p p p Service: photography studio p p p p p p and photo lab, upholstery, printer, locksmith, tailor 7 Tattoo and body-piercing p p establishment Temporary employment C C 16-5-2.C.11 business Retail Sales and Service Equipment rental L p p (Repair and Rental) Repair shop (not including p p p p p p auto) Retail Sales and Service (Sales) Antique store p p p p p p Art gallery p p p p p p Auction house p p p Buy-back, second-hand, p p p p thrift, consignment stores, large • • • • • • Buy-back, second-hand, p p p p p thrift, consignment stores, small Convenience store p p p p p Grocery/specialty food store p p p p p p Internet sales location p p p p Liquor store p p p p p p Pawnbroker p p 16-5-2.C.1 0 Retail sales, general p p p P/C p p ForTSA, merchandise P if ::;20,000 sq. ft ., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school p p p C p p 16-5-2.C.12 9 Studio Radio/television broadcasting p p p p studio, recording/film studio Vehicle and Equipment Automobile pawnbroker p p p 16-5-2 .C .10 Automotive sales, rental L p p 16-5-2 .C.3 Automotive service and p p 16-5-2 .C.4 repair , including body or fender work Automotive service and L p p 16-5-2 .C.4 repair, not including body or fender work Automotive service station L p p 16-5-2.C.5 (gasoline facility) Car wash, auto detailing L L L 16-5-2.C.6 16-5-2 .C.4 Commercial storage of p p 16-5-2.C .3 • • • • • • operable vehicles Fuel dispensing L p p Parking facility, structure C C C C L L C p p 16-5-2.C.3 (operable vehicles), principal 16-5-2.C .14 use Parking area, surface C C C C L L C p p 16-5-2 .C.9 ( operable vehicles), principal 16-5-2 .C.3 use Recreational vehicles and L p p boats, sales or rental Visitor Accommodation Bed and breakfast p p p Hotel p p p p p Hotel, extended stay p p p 11 Wholesale Sales and distribution p p MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C p p 16-5-2.D.3 (TSA only) Industrial service, heavy p Manufacturing, Including Brewery ~ ~ ~ £ £ 16-5-2.C.B Processing, fabrication, or Assembly DistilleQ:: ~ ~ ~ f l! 16-5-2.C.14 WineQ:: ~ ~ ~ £ f 16-5-1.C.14 Manufacturing, light C p p 16-5-2.D.4 (TSA only) Manufacturing, heavy p • • • • • Warehouse/ Storage Fuel storage (principal use) L Mini-storage facility p p Moving and storage p p Outdoor storage p p 16-6-7.G Storage yard for vehicles, p p 16-5-2.D.6 equipment, material, and/or supplies Warehousing and/or storage p p Waste/Salvage Automobile wrecking/ C p 16-5-2.D.1 salvage yard Commercial incinerator C Hazardous waste handling C C 16-5-2 .D.2 13 • Recycling operation, all processing occurs within enclosed structure Recycling operation, some or all processing occurs outside an enclosed structure Sanitary service Waste transfer station (not including hazardous waste) [EDITOR'S NOTE: 16-5-1.1 ACCESSORY USES contains no changes and is therefore not included here] [EDITOR 'S NOTE: 16-5-1 .1 TEMPORARY USES contains no changes and is therefore not included here] [EDITOR'S NOTE: 16-5-1.1 USES NOT MENTIONED contains no changes and is therefore not included here] • P P 16-5-2.D.5 C C 16-5-2 .D.5 C cc • • • • Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 2, Subsection C, by the addition of a new Paragraph 14 entitled "Breweries, Distilleries and Wineries," of the Englewood Municipal Code 2000, to read as follows: [EDITORS NOTE: 16-5-2(C)(l) through (13) contains no changes and is therefore not included here] 16-5-2: Use-Specific Standards. C. Commercial Uses. 14. Breweries. Distilleries. Wineries and Vintner's Restaurants. c__._ Within the M-2, MU-B-1 and MU-B-2 districts, these uses shall be permitted only in conjunction with a restaurant, tavern, retail sales or sales room located on the same premises as the manufacturing of the beverage. Within the M-2, MU-B-1 and MU-B-2 districts, these uses shall not exceed 10,000 square feet of gross floor area. An on-premises sales room may be a part of the principle use as long as the floor area utilized for the sales room is less than or equal to thirty percent (30%) of the total floor area of the facility or one thousand square feet (1,000), whichever is greater, subject to State and Federal regulations. d . These uses may include the sale of food for consumption on the premises, subject to State Liquor Code requirements. e. These uses shall be designed and operated in such a manner so as not to create nuisance impacts on surrounding uses . Section 3 .. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 11, Section 1, Subsection F(9) of the Englewood Municipal Code 2000, to read as follows: [EDITORS NOTE: 16-11-1 (A) through (F)(8) contains no changes and is therefore not included here] 16-11-1: USE CLASSIFICATIONS. F . Commercial Uses. 9. Food and Beverage Service. a. Characteristics. This category includes establishments, for example, restaurants, cafes, coffee shops, bars, taverns , and any food/beverage sales establishments, which sell food for on-or off-premise consumption. Accessory uses may include 15 decks and patios for outdoor seating, drive-through facilities, customer and employee parking areas, and valet parking facilities. b. Specific Use Types . This category includes the following use types: (1) Caterer. A service consisting of preparation and delivery of food and beverages for off-site consumption, without provision for on-site pickup or consumption. ~ Miorobre\very. ,"r faoihty fur the produotioR aRd paokaging of beer fermeRted OR the premises fur distributioR, retail, or wholesale OR or off the premises. The volume of beer produotioR of suoh faoihty shall Rot e,weed 12,000 barrels of beer per year. (J. l) Restaurant, Bar, Tavern (with or without outdoor operations). A retail establishment where the principal business is the sale of food and beverages in a ready-to-consume state. This use type includes lunch counters and refreshment stands selling prepared food and drinks for immediate consumption. Operations may include outdoor seating areas or outdoor food service, subject to all applicable use and development standards set forth in this Title. (4 ~ Restaurant, with Drive-Through Service. An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. (.§. ,1) Take Out and Delivery Only. An eating/drinking establishment, generally without patron seating, that provides food and/or beverages to be delivered or to be picked typically for consumption off the premises of such establishment. (e ~ Brew Pub. A resta-rn=ant that inoluded the brei,viRg of beer as aR aooessory use. The volume of beer produotioR of suoh faoility shall Rot eJEoeed two thousaRd four (2,100) barrels per year. A retail establishment that manufactures not more than seventy-four thousand (74,000) gallons (2,400 barrels) of malt liquor or fermented malt beverages on its licensed premises. each calendar year. 16 • • • • • • [EDITORS NOTE: 16-11-l(F)(l0 through 19) contains no changes and is therefore not included here] Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 11, Section 1, Subsection G(2)(b) and (c) of the Englewood Municipal Code 2000, to read as follows: G. Manufacturing/Industrial Uses. 2. Manufacturing, Including Processing, Fabrication, or Assembly. a. Characteristics. Industrial establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used in the manufacturing process. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Such uses may also include industries furnishing labor in the case of the refinishing of manufactured articles. Custom industry is included (e.g., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, they are a subordinate part of total sales. Relatively few customers come to the manufacturing site. Accessory activities may include limited retail sales, offices,. cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters . b. Specific Use Types. This category includes the following use types: ill Brewery: Any establishment. licensed by the appropriate State and Federal authorities, where malt liquors or fermented malt beverages are manufactured, except brew pubs as defined. Or, as this definition may be modified in C.R.S. 12-47-103. a) Distillery: Any establishment, licensed by the appropriate State and Federal authorities where spirituous liquors are manufactured. Or, as this definition may be modified in C.R.S. 12-47-103. ill Sales Room: An establishment, or portion of a manufacturing establishment, that allows customers to taste samples of wine, beer or spirituous liquors manufactured or produced by a single distillery, brewery or winery and licensed as a sales room pursuant to a State Manufacturer's License (C.R.S. 12-47-402) or a State Limited Winery License (C.R.S. 12-47-403). A sales room may include the sale of such products in addition to related items, marketing events, special events entertainment and/or food. Or, as this definition may be modified in C.R.S. 12-47-103 et. seq . 17 ill Vintner's Restaurant: A retail establishment. licensed by the appropriate State and Federal authorities, that sells food for consumption on the premises and that manufactures not more than two hundred fifty thousand (250,000) gallons of wine on its premises each year. ill Winery: Any establishment licensed by the appropriate State and Federal authorities, where vinous liquors are manufactured, except that the term does not include a Vintner's Restaurant licensed pursuant to 12-47-420 C.R.S. Or as this definition may be modified in C.R.S. 12-47 -103. (-l-fil Manufacturing, Light: Manufacturing uses that do not involve the generation outside the property of noise, odor, vibration, dust, or hazard. Examples include, but are not limited to : assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly or artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item. (~ l) Manufacturing, Heavy: Manufacturing uses that may involve the generation outside the property of noise, odor, vibration, dust or hazard . Examples include, but are not limited to: refining or initial processing of raw materials, rolling, drawing, or extruding of metals; and log decking, storage, and ponding. c. Exceptions. The manufacturing, processing, fabrication, or assembly of the following items is prohibited: (1) Abrasives, basic manufacture; ~ i\Jooholio distillation; (J ~ Animal by-products, basic manufacture and processing; (4-~ Asphalt, manufacture and processing; (~ ~ Automobile shredding, crushing, baling, compacting and similar operations; (&-,i) Biological waste, processing; (+-fil Bone black, basic manufacture; (-&-l) Carbon black or lamp black, basic manufacture; 18 • • • • (9 fil Charcoal, basic manufacture; (¼2) Chemicals, heavy or industrial, basic manufacture or processing; (-H lQ) Cinder and cinder blocks, basic manufacture or processing; (~ll) Coal or coke, manufacture or processing; (+; ,U) Concrete and concrete products, manufacture or fabrication; (-l-4 ll) Detergents, soaps and by-products, using animal fat, basic manufacture; ~ Fermented fruits and vegetable produets, Hlaffilfaeture; (-1-e ll) Fertilizers, manufacture or processing; (-l-+ U) Fungicides, manufacture; • (~1§,) Gasses, other than nitrogen and oxygen, manufacture; (-l-9 l1) Glass manufacture; (~il) Glue and size, manufacture; (U12) Grain milling; (P-W Graphite, manufacture; (~lli Gypsum and other forms of plaster base, manufacture; (J4W Insecticides, manufacture; (~~ Insulations, flammable types, manufacture or fabrication; (U~ Matches, manufacture; (:J+~ Meat slaughtering; • (~~ Metal shredding and similar operations; 19 (~ 'JI) Metals, extraction or smelting; (~ ~ Metals, ingots, pigs, sheets, or bars, manufacture; (J-1. ~ Oils and fats, animal and vegetable, manufacture; (~ lQ) Paints, pigments, enamels, japans, lacquers, putty, varnishes, whiting, and wood fillers, manufacture or fabrication; (~ ill Paper pulp and cellulose, basic manufacture; (M-JI) Paraffin, manufacture; (~ ~ Petroleum and petroleum products, manufacture or processing; (¾~ Portland and similar cements, manufacture; (~~ Rubber, manufacture, or reclaiming; (~lli Sawmill or planing mills; (:WlZ) Serums, toxins, viruses, manufacture; (4-G~ Sugars and starches, manufacture; (4+ J2) Tannery; (-4± ~ Turpentine, manufacture; (4-,; il) Wax and wax products, manufacture; and ( 44 il) Wood preserving by creosoting or other pressure impregnation of wood by preservatives. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 11, Section 2, Subsection B(2), "Definition of Words, Terms, and Phrases", of the Englewood Municipal Code 2000, by inserting in alphabetical order to read as follows 16-11-2: Definition of Words, Terms, and Phrases. B. Definition of Words, Terms, and Phrases. 20 • • • • • • Beer: An alcoholic beverage made by brewing and fermentation from cereals, usually malted barley. and flavored with hops and the like for a slightly bitter taste. Beer shall not contain greater than 6% alcohol by volume, otherwise it shall be classified as a "spirituous liquor". Or, as this definition may be modified in C.R.S. 12-47-103. Brewery: Any establishment, licensed by the appropriate State and Federal authorities, where malt liquors or fermented malt beverages are manufactured, except brew pubs as defined. Or. as this definition may be modified in C.R.S. 12-47-103. Distillery: An establishment. licensed by the appropriate State and Federal authorities. where spirituous liquors are manufactured. Or, as this definition may be modified in C.R.S. 12-47-103. },f:ierebr:ewery: A facility for the prodl:l:ctioR and packaging of beer fenneRted OR the premises for distributioR, retail, or 1.vholesale OR or off the premises. The ,,,olume of beer procmctioR of such facility shall Rot e~weed 12,000 barrels of beer per year. See definitioR of" Food and Be1,,erage Service. Sales Room: An establishment. or portion of a manufacturing establishment, that allows customers to taste samples of wine, beer or spirituous liquors manufactured or produced by a single distillery, brewery or winery and licensed as a sales room pursuant to a State Manufacturer's License (C.R.S. 12-47-402) or a State Limited Winery License (C .R .S. 12-47- 403). A sales room may include the sale of such products in addition to related items, marketing events, special events entertainment and/or food . Or, as this definition may be modified in C .R.S. 12-47-103 et. seq. Vintner's Restaurant: A retail establishment. licensed by the appropriate State and Federal authorities, that sells food for consumption on the premises and that manufactures not more than two hundred fifty thousand (250,000) gallons of wine on its premises each year. Winery: Any establishment, licensed by the appropriate State and Federal authorities, where vinous liquors are manufactured. except that the term does not include a Vintner's Restaurant licensed pursuant to 12-47-420 C.R.S. Or as this definition may be modified in C.R.S. 12-47- 103. Section 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . 21 Section 6. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of • competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 7. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 8. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 9. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 5th day of August, 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of August, 2013 . Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of August, 2013 for thirty (30) days . A Public Hearing was held on August 19 , 2013 . Read by title and passed on final reading on the 3rd day of September, 2013. Published by title in the City 's official newspaper as Ordinance No .~ Series of 2013, on the 6th day of September, 2013. Published by title on the City's official website beginning on the 4th day of September, 2013 for thirty (30) days . 22 • • • • • This Ordinance shall take effect thirty (30) days after publication following final passage. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is tl.s:e copy of the Ordinance passed on final reading and published by title as Ordinance No . Series of 2013 . 23 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 5, 2013 11 a iii Ordinance Adopting Amendments to Title 16 Concerning Distilleries, Breweries and Wineries Initiated By: Staff Source: Community Development Department Chris Neubecker, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. Council discussed the topic at the July 22, 2013 study session. PREVIOUS PLANNING COMMISSION ACTION • The Planning and Zoning Commission conducted a public hearing on July 2, 2013 to consider the proposed amendments to Title 16: Unified Development Code establishing zoning for distilleries, breweries and wineries . Two members of the public were present, but elected not to testify. Following discussion, the • Commission voted 9 to O in favor of forwarding to City Council proposed amendments to Chapter 5: Use Regulations, and Chapter 11 : Use Classifications, as presented in the attached Bill for an Ordinance. RECOMMENDED ACTION The Community Development Department recommends adoption of a Bill for an Ordinance authorizing amendments to Title 16: Unified Development Code regarding distilleries, breweries and wineries on First Reading, and we recommend setting August 19, 2013 as the date for a Public Hearing to consider testimony on the proposed amendments. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In August 2012, the Planning and Zoning Commission heard requests for a new brewery and separately heard of plans for a new distillery. The brewery was eventually approved as a conditional use and recently opened as "Brews on Broadway". Distillation of alcohol, however, is currently prohibited (Sec. 16-11-1 G 2 c (2)). There was consensus from the Planning and Zoning Commission to research these industries and consider code amendments to facilitate new business development. On July 2, 2013 the Planning and Zoning Commission reviewed the proposed code changes, held a public hearing, and recommended that City Council approve an ordinance to allow distilleries and clarify language on breweries and wineries. The proposed changes would allow distilleries, breweries and wineries as Permitted Uses in 1-1 and 1-2 districts. The Commission also supported these businesses as Conditional Uses • in the M-2, MU-B-1 and MU-B-2 districts as long as the businesses are limited in size and designed to encourage pedestrian traffic with such activities as tap rooms, retail sales , tours, etc. Some of the key elements of this proposal include: • Distilleries would no longer be prohibited. • 1-1 and 1-2 districts: Distilleries, breweries and wineries would be "Permitted Uses" • M-2, MU-B-1 and MU-B-2 districts: Distilleries, breweries and wineries would be "Conditional Uses" with a limit of 10,000 square feet of gross floor area. • Within M-2, MU-B-1 and MU-B-2, distilleries, breweries and wineries would only be allowed in conjunction with a tap room or retail sales area, which would count toward the 10,000 square foot limit. These features would ensure that businesses in these highly visible mixed use districts generate foot traffic and street activity. (Within 1-1 and 1-2, tap rooms and retail sales areas would be allowed, but not required.) • Definitions are proposed for "distillery", "brewery", "winery" and "tap room". The definitions are designed to align with the State of Colorado definitions. • The definition of "Micro-brewery" is proposed for removal. Micro-breweries will fall under the definition of "brewery". ANALYSIS The distillation of alcohol is currently prohibited in Englewood. As a result, new distilleries are prohibited. The relatively recent but significant growth of the craft distilling industry in Colorado and the United States • has a promising future , and one local resident proposes to open a small distillery in Englewood. Others are also considering small breweries. In order to facilitate businesses development, staff proposes these amendments to the Unified Development Code. Contrary to many manufacturing businesses, distilleries, breweries and wineries do not generate significant noise, odor or traffic. Distilleries and breweries smell similar to bakeries, and truck deliveries may happen only a few times per month. As a result, smaller craft distillers, brewers and vintners can fit into mixed use business districts with relatively few impacts, provided their size is limited. Large manufacturing operations in mixed use districts, however, could negatively impact the streetscape and the pedestrian experience with large, blank walls facing the street. This is why a size limit of 10,000 sq. ft. is recommended. Production limits (gallons or barrels) were examined but were determined to be too cumbersome to monitor and not necessarily reflective of the character of the operation. D istilleries, breweries and wineries can also attract visitors into the community. Especially small scale producers focusing on high quality, these businesses often include tours and "tap rooms" that generate pedestrian activity. (This is why these industries would be allowed in mixed use districts only if they include a tap room , retail store, or other elements that generate foot traffic and/or sales tax.) Tap rooms and tours are supported by the Comprehensive Plan , which envisions Broadway as a walkable and attractive destination with unique specialized products. New manufacturers without these foot traffic generators would need to locate in the industrial districts. Licensing of distilleries, breweries and wineries is processed at the state level depending on the use. A Brewers Notice from the Bureau of Alcohol, Tobacco and Firearms is also required. Any business that wishes to manufacture and sell "malt, vinous or spirituous liquors" must obtain a Manufacturer's License • and Wholesaler 's license, respectively, from the State. There are no restrictions on volume of production 3 • placed on these licenses. State licensing goes through a staff review process. There are no public hearings or other notices involved. • • Currently, the only physical restrictions placed on obtaining these licenses are that the business must be (1) at least 500 feet from schools and (2) at least 500 feet from day labor businesses. FINANCIAL IMPACT There is no direct impact to the City as a result of this ordinance. There is currently one local investor that is actively working to open a distillery in the city, and a few others are investigating Englewood for new business locations. Indirectly, it is anticipated that this ordinance will have a positive financial impact on the community by encouraging craft distillers and brewers to locate in the City. LIST OF ATTACHMENTS Planning and Zoning Commission Staff Report -June 21, 2013 Planning and Zoning Commission Minutes -July 2, 2013 Planning and Zoning Commission Findings of Fact -Case No. 2012-05 Bill for an Ordinance • • • TO: THRU: FROM: DATE: SUBJECT: M E M 0 R A N D Planning and Zoning Commission Alan White, Community Development Director Chris Neubecker, Senior Planner June 21, 2013 Case # 2012-05 Public Hearing Zoning for Distilleries, Breweries and Wineries Recommendation: u M The Community Development Department requests that the Planning and Zoning Commission review, take public testimony, and forward to City Council a recommendation for adoption as written proposed amendments to the Unified Development Code of the Englewood Municipal Code Title 16, Chapter 16, Use Regulations, and Title 16, Chapter 11, Use Classifications and Defin.itions of Terms, relating to Distilleries, Breweries and Wineries. Background: On June 4, 2013 the Planning and Zoning Commission discussed possible changes to the Unified Development Code (UDC) concerning distilleries, which are currently prohibited (Sec. 16-11-1 G 2 c (2)). At that meeting, the Commission supported moving forward with a change to the UDC to allow distilleries, breweries and wineries in 1-1 and 1-2 districts. The Commission also supported these businesses as Conditional Uses in the M-2 , MU-B-1 and MU-B-2 districts, with a maximum size of 10,000 square feet. The Commission asked staff to bring the proposed language back for a final review before starting the ordinance process with City Council. Attached for your review is the proposed code language. Some of the key elements of this proposal include: • Alcohol distillation will no longer be prohibited • 1-1 and 1-2 district: Distilleries, breweries and wineries would be "Permitted Uses" • M-2 , MU-B-1 and MU-B-2 districts: Distilleries, breweries and wineries would be "Conditional Uses " with a limit of 10,000 square feet of gross floor area. • Definitions are proposed for "distillery", "brewery", "winery" and "tasting room ". The definition of "microbrewery" is proposed to change to more closely follow the State of Colorado definition . · 1000 Englewood Parkway Englewood , Colorado 80110 PHONE 3 0 3-76 2-23 42 FAX 303 783-6895 www.engl ewoodgov.org • Production volume limits have been removed from the definitions ( except for brewery and microbrewery), since conditional uses would be regulated by building • size, not production volume. • Tasting rooms would be limited to 30% of gross floor area of manufacturing facility, or 1,000 square feet, whichever is greater. • Within M-2, MU-B-1 and MU-B-2 all distilleries, breweries and wineries shall only be allowed in conjunction with a tasting room, retail sales area, tavern or restaurant. • Definitions have been modified to conform to State of Colorado definitions No additional design standards are proposed for these manufacturing facilities in the M-2, MU-B-1 or MU-B-2 districts . Analysis The distillation of alcohol is currently prohibited in Englewood. As a result, new distilleries are prohibited. The relatively recent but significant growth of the craft distilling industry in Colorado and the United States has a promising future, and one local resident has proposed to open such a business .in Englewood. In order to allow the new distillery, and facilitate businesses development in Englewood, staff proposes some amendments to the Unified Development Code concerning distilleries, breweries and wineries . Contrary to many manufacturing businesses, distilleries, breweries and wineries do generate significant traffic, noise or odor. Distilleries and breweries smell similar to bakeries, and deliveries may happen only a few times per month. As a result, smaller craft distillers, brewers and vintners can fit into traditional mixed use business districts with relatively few impacts, provided their size is limited. In industrial zones, the impacts of larger operations would be no greater than other traditional light or heavy industries. Distilleries, breweries and wineries can also attract visitors in to the community. Especially small scale producers focusing on high quality, these businesses often include tours and "tasting rooms" that generate activity in business or industrial zones. Recommendation: Staff believes that the draft ordinance captures the intent and consensus of the Commission from the meeting of June 4 th • We believe that these changes help support new business development but will also help protect community character and create active pedestrian environments in the M-2, MU-B-1 and MUB-2 districts. A motion to recommend approval of the ordinance to City Council is needed. Next Steps: If the Planning & Zoning Commission recommends approval, we intend to move forward with first reading of an ordinance by City Council. Attachments: Amendments to Title 16 pertaining to Breweries, Distilleries and Wineries • • • • • Planning, and Zonin g Commi ss io n Public Hearing Cas e #2012-05 , Di stillerie s, Breweries and Winer ie s Study Session Case 2012-06 Li ght Rail Corrid or Plan, Case 2013-05 2014 MY C P Jul y 2, 2013 Page I of 5 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING July 2, 2013 Minutes and audio are available at: http://www.englewoodgov .org/Index .aspx ?page= 152 I. CALL TO ORDER El The regular meeting of the City Planning and Zoning Commission was called to order at 7:02 p .m. in the City Council Chambers of the Englewood Civic Center, Chair Brick presiding. Present: Absent: Staff: Bleile, Roth , King, Welker, Knoth , Fish, Brick, Kinton, Townley Freemire (alternate) None Alan White, Community Development Director Chris Neubecker, Senior Planner Dugan Comer, Prosecuting Attorney II. APPROVAL OF MINUTES June 4, 2013 e Mr. Fish moved: Mr. Knoth seconded: TO APPROVE THE JUNE 4, 2013 MINUTES Chair Brick asked if there were any modifications or corrections . Mr. Brick requested one change on page 3, third paragraph. The word "using" be changed to "used". AYES: NAYS: ABSTAIN: ABSENT : Bleile, Roth, Welker, Knoth, Fish , King, Brick, Kinton None Townley None Motion carried . Planning and Zoning Commission Public Hearing Case #2012-05 , Distilleries, Breweries and Wineries Study Session Case 2012-06 Light Rail Corridor Plan , Case 2013-05 2014 MYCP July 2, 2013 Page 2 of 5 Ill. PUBLIC HEARING 0 Case #2012-05, Distilleries, Breweries and Wineries Mr. Fish moved : Mr. Bleile seconded : TO OPEN THE PUBLIC HEARING ON CASE #2012-05 AYES: NAYS: ABSTAIN : ABSENT : Roth, Knoth, King, Brick, Bleile, Fish , Townley, Welker, Kinton None None None Motion carried . Mr. Neubecker, Senior Planner, was sworn in. He provided background information on the amendments. He noted several changes Staff is recommending to the amendments since the packet went out. He stated Staff approves of the modified amendments and recommends they be forwarded to City Council. Discussion points included: • Nuisance definition • Remove microbrewery in its entirety. Microbrewery would be considered a brewery • Noise, odor not significant • Definitions for distillery, brewery, tasting room and winery • Remove all from TSA district; take up later when TSA is discussed • Remove language referring to production volume Mr. Roth moved: Mr. Bleile seconded: TO CLOSE THE PUBLIC HEARING ON CASE #2012-05 AYES: NAYS: ABSTAIN: ABSENT: Roth, Knoth, King, Brick, Bleile, Fish, Townley, Welker, Kinton None None None Motion carried. • • • • • Planning. and Zoning Commission Public Hearing Case #2012-05 , Distilleries, Breweries and Wineries Study Session Case 2012-06 Light Rail Corridor Plan, Case 2013-05 2014 MYCP July 2, 2013 Page 3 of 5 El Mr. Fish moved: Mr. Bleile seconded: CASE#2012-05, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE RELATED TO DISTILLERIES, BREWERIES AND WINERIES AS STATED BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION WITH THE FOLLOWING CONDITIONS: 1. Section 2, Brewery definition: strike "and the combined volume of fermented malt beverage and/or malt liquor production exceeds 12,000 barrels per year 2. In Section 2 remove the definition of Microbrewery 3. Section 3, in the Table of Allowed Uses, remove all reference to Microbrewery 4. Section 3, in the Table of Allowed Uses, remove Brewery from the Food and Beverage Service section 4. Section 4, remove 14. e. in its entirety Mr. Fish stated he feels this issue fit well within the Comprehensive Plan, which promotes business in the city. It will enhance the City and is a great direction for the City to go. Mr. Welker said he felt it is in substantial agreement with the way we treat other businesses in the districts. Mr. Kinton felt the amendments were well thought out and is something that is needed as an update to the Comprehensive Plan. AYES: NAYS: ABSTAIN: ABSENT: Roth, Knoth, King, Brick, Bleile, Fish, Townley, Welker, Kinton None None None Motion carried. STUDY SESSION UPDATE: LIGHT RAIL CORRIDOR PLAN 0 Mr. Voboril presented a slide show put together by the consultants, Crandall Arambula PC. The Commissioner's commented throughout the slide show. • This agenda item will go to Public Hearing on July 16th • Planning and Zoning Commi ssion Public Hearing Case #2012-05 , Distilleries , Breweri es and Wineries Study Session Ca se 2012-06 Light Rail C orridor Plan , Case 2013-05 2014 MYCP Jul y 2 , 2013 Page 4 of 5 MULTI-YEAR CAPITAL PROJECT 0 Director White stated nothing has changed from the past few years; there is still a limited amount of money available for new projects. There will be approximately $1 million left for new projects . He noted the City has received notification of funding availability for "Next Steps" following completion of the Light Rail Plan. Staff is proposing to submit an application for an additional $200,000 in funding to develop an alignment feasibility and alternatives analysis for the "Rail Trail" protected bikeways and the Floyd extension . The City must provide 20% in matching funds, or $40,000. Staff is recommending this be considered a priority. The Commission discussed several items not on Staff's list. Mr. Knoth moved : Mr. King seconded: TO ACCEPT STAFF 'S RECOMMENDATIONS AS WRITTEN Mr. Welker offered a Friendly Amendment to consider the Old Hampden Corridor Streetscape a priority also . Mr. Knoth and Mr. King accepted his Friendly Amendment. AYES : NAYS : ABSTAIN: ABSENT : Roth , Knoth, King, Brick, Bleile, Fish , Townley, Welker, Kinton None None None Motion carried . IV. PUBLIC FORUM E1 There was no public present at this time. V. ATTORNEY'S CHOICE El There was no attorney present at this time. VI. STAFF'S CHOICE E1 Director White stated the next meeting will be on July 16 th , which will be a public hearing on the Light Rail Corridor Plan . He asked that the Commission bring the Light Rail Corridor Plan booklet that was in tonight's packet to the hearing. • • • • • • Plannin g .and Zonin g Commi ss ion Public He aring Case #2012-05 , Di stilleries, Breweri es and Winerie s St ud y Sess ion Case 2012-06 Li ght Rail Corridor Plan, Case 2013-05 2014 MYCP Jul y 2, 2013 Page 5 o f 5 Director White informed the Commission that the Recording Secretary, Barbara Krecklow, will be retiring next week. Nancy Fenton will fill in as the Recording Secretary until Barbara 's replacement is hired. VII. COMMISSIONER'S CHOICE 0 Mr. Bleile asked if anyone knew how long Xcel and Denver Water are going to be working in the City. Several members congratulated Barbara on her retirement. Chair Brick thanked City Council for their courtesy and enthusiasm in the Comprehensive Plan discussion two weeks ago . He stated he thought they showed a real positive attitude. Mr. Fish noted he has many fond memories of Flood Middle School and encouraged the members to stop by the school during the demolition process. The meeting adjourned at 9 :00 p.m . Nancy G . Fenton, Recording Secretary • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2012-05, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE UNIFIED DEVELOPMENT CODE DISTILLERIES, BREWERIES AND WINERIES AMENDMENTS INITIATED BY: Community Development Department 1000 Englewood Parkway Englewood, CO 80110 ) ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Bleile, Brick, King, Knoth, Roth, Fish, Welker, Townley, Kinton Commission Members Absent: None This matter was heard before the City Planning and Zoning Commission on July 2, 2013 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff. The Commission received notice of Public Hearing, the Staff Report, and a copy of the proposed amendments to Title 16 Unified Development Code which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witness and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on the Unified Development Code (UDC) Distilleries, Breweries and Wineries Amendments were brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood . 2 . THAT notice of the Public Hearing was on the City of Englewood website from June 19, 2013 through July 2, 2013. 3. THAT the Staff report was made part of the record . 4. THAT in September 2012 a request was made to open a distillery in Englewood. Page I of3 5. THAT a distillery is not listed as a permitted, limited or conditional use in any zone district within the Table of Uses in the UDC. 6. THAT the UDC expressly prohibits "alcoholic distillation" as a heavy manufacturing activity in those zone districts where heavy manufacturing is a permitted use (1-1 Light Industrial and 1-2 Heavy Industrial). 7. THAT the proposed amendments are necessary in order for the City to help support new business development and attract visitors to Englewood. 8. THAT distilleries, breweries and wineries do not generate significant traffic, noise or odor. 9. THAT within the M-2, MU-8-1 or MU-B-2 districts, no distillery, brewery or winery shall exceed 10,000 square feet of gross floor area. 10. THAT within the M-2, MU-8-1 or MU-B-2 districts, any distillery, brewery or winery shall be permitted only in conjunction with a restaurant, tavern, retail sales or tasting room located on the same premises as the manufacturing of the beverage. 11. THAT distilleries, breweries and wineries may include an on-premises tasting room as part of the principle use as long as the floor area utilized for the tasting room is less than or equal to thirty percent (30%) of the total floor area of the facility or 1,000 square feet, whichever is greater, subject to state and federal regulations. 12. THAT distilleries, breweries and wineries may include the sale of food for consumption on the premises, subject to State Liquor Code, local health department requirements, and local zoning regulations . CONCLUSIONS 1. THAT the Public Hearing on the Unified Development Code Distilleries, Breweries and Wineries Amendments was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT notice of the Public Hearing was on the City of Englewood website from June 19, 2013 through July 2, 2013. 3 . THAT the amendments will enhance the City and is a great direction for the City to go. 4. THAT the zoning change conforms to Roadmap Englewood: 2003 Englewood Comprehensive Plan Objective 1-2: Actively engage in attracting new businesses to the City. Page 2 of3 • • • • • • 5 . THAT the previously discussed revised amendments be forwarded to City Council. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2012-05 Unified Development Code Distilleries, Breweries, and Wineries Amendments should be referred to the City Council with a favorable recommendation. The decision was reached upon a vote on a motion made · at the meeting of the City Planning and Zoning Commission on July 2, 2013 , by Mr. Fish, seconded by Mr. Bleile, which motion states : CASE#2012-05, AMENDMENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE RELATED TO DISTILLERIES, BREWERIES AND WINERIES AS STATED BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION WITH THE FOLLOWING CONDITIONS: 1. 2 . 3 . 4 . 5 . Section 2, Brewery definition : strike "and the combined volume of fermented malt beverage and /or malt liquor production exceeds 12,000 barrels per year" In Section 2 remove the definition of Microbrewery Section 3, in the Table of Allowed Uses, remove all reference to Microbrewery Section 3, in the Table of Allowed Uses, remove Brewery from the Food and Beverage Service section Section 4, remove 14. e. in its entirety AYES : Bleile, Roth , King, Fish , Brick, Knoth, Welker, Townley, Kinton NAYS: None ABSTAIN: None ABSENT : None Motion carried. These Findings and Conclusions are effective as of the meeting on July 2, 2013. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION John Brick, Chair Page 3 of3