HomeMy WebLinkAboutITEM VI-B
*crryF IlAemorandum
* WASHINGTON
To: Planning and Communiiy Development Committee
From: Stuart Wagner, Planner
CC: Kevin Snyder, Director
Elizabeth Chamberlain, Planning Manager Date: . October 11, 2010
Re: Discussion of Zoning Code Treatment of Brew pubs and Other Similar Uses
Background
Brew pubs, microbreweries, and tasting rooms are becoming increasingly popular in cities as a
desirable land use in certain commercial and industrial districts. This islargely due to an increasing
number of individuals connecting with smalf and independent breweries and local breweries instead
of ones larger in scale and based elsewhere. Furthermore the peccentage of US beer sales from
these types of breweries are on the rise and the number in operation are now into the thousands'
Washington State is no stranger to breweries where Wikipedia indicates that the State is home to
more than 70 active breweries. And this number is likely to increase in the.coming years as the
craft-beer industry gamers more attention. Washington State also recognizes that its breweries are
an important part of the tourism industry where within the mairt tourism website for the State,
www.experiencewa.com, an entire website page is devoted to themZ.
In June of 2000 the Planning Commission and City Council evaluated certain uses which sold
alcohol as part of their business operations and subsequently made changes to the zoning code.
Behind these changes was a desire to prevent the spread of tavems in the downtown and across the
city: There were instances of new restaurants starting up that functioned more like tavems. And
when the zoning amendments were.approved the following uses,were added tothe zoning code:
brew pub; full-service restaurant, and tavem. The definitions were patterned after categories of the
State Liquor Control Board. After defining these uses they'were then added as permitted or non-
permitted uses within the City's non=residential zoning districts.
78.04.185.Brew pub.
"Brew pub,° also known as a"microbrewery,° means an eating and drinking establishment which
includes the brewing of beer; ale or malt beverage as an ascessory use to.a full-service
restaurant. The amount of beverage produced on the premises cannot be less than 240 barrels or
, exceed 2,400 baRels in any calendaryear. No more than 30 percent of the product brewed-may
be sold off-premises in either, bottle§ or kegs: A loading and unloading area must then be
provided for: A full-service restaurant as defined by ACC 18.04.804 musf occupy at least 51
percen# of the gross floor area of the brew pub and restaurant; combined. Any brew pub that does
' The Brewers Association httn://www.brewersassociation.orp/oaueslbusiness-tools/craft-brewin4-statistics/number-0f-breweries.
2 Department of Commerce http:t/www.exaeriencewa.comlexperience-washinqtonlwine-and-cuisinelcateaorv/breweries.asox
not meet the requiremerrts of this definition wiil be considered a tavem as defined by ACC
18.04.895.
18.04.804 Restaurant, full-service.
"Full-service restaurant" means a public eating place that is used; maintained; advertised and
held out to the public as a place tha_t has a full dinner and/or lunch menu serving full course
meals, daily prepared in its own kitchen, that are typically served at a table or counter. Food
prepared to go orfortake-ouf is atlowed as an accessory use as long as the same menu and
kitchen are used as for the full-service restaurant. This definition excludes fast food, drive-in types
of restaurants, which have characteristics inGuding but not limited to a drive-through window,
counter-only service and no waiters or waitresses.
A full-service restaurant may serve alcoholic beverages that are incidental and complemerrtary to
the serving of food. A full-service resfaurant may contain a lounge where the primary function is .
the sale, serving and consumption of alcoholic beverages, but the size of this lounge,may not
exceed 30 percent ofthe total gross floor area of the establishment. Any eating place that serves '
alcoholic beverages and does not meet the requirements of this definition will be considered a
tavem as definedby ACC 18.04.895.
18.04.895 Tavern.
"Tavem° means an establishment operated primarily for the sale of wine, beer or other alcoholic ,
beverages that may or may not inGude the service of footl as an accessory use. .
Discussion:
Definitions:
Staff finds that brew pubs, restaurants; and tavems are tightly defined. Consequently it makes some
of the emerging uses coupled to microbreweries such as direct refail sales ofbeer and tasting rooms
difficult to fit into currenf use definitions and zoning regulations. As if stands now, a microbrewery
that does not meet the definition of`a brew pub is considered a tavem. Ther.efore some
consideration may be needed to modiiy existing definitions or add new uses to the zoning code.
Affer researching several nearby municipalities, staff found instances where brewpubs and
microbreweries are not distinguished and are lumped into a general categorysuch as "eating and
' drinking establishments" and other times defined individually., The zoning codes for the City of Kent,
Puyallup, and Federal Way all use generaliied categories. On the other hand the City of Sumner
makes a distinction between breweries, microbreweries and brewpubs: See Attachment A. The City
of Everett also recently re-defined microbreweryin their code where they removed the requirement
that they be a part of a restaurant.or tavern. They also removed the requirement where no more
than fifty percent of the total floorarea could be used for the production of beer. Lastly the City of
Everett added "Tasting Room° to their list of definitions and as a nonresidential use. See
. Attachment B.
Non-Residentia/ Zoning Districts - Permitted Uses:
Within the City of Auburn brew pubs are currently permitted in the C-1, Light Commercial and C-3,
Heavy Commercial zoning district. They are also allowed in the Downtown Urban Center (DUC).
Tavems on #he other hand are only peRriitted in the C-3 zoning district or in the M-2, Heavy
Industrial zoning district with an administrative use permit.
In the City of Sumner and Tacoma brew pubs are by and large permitted in light and heayy;industrial
zones and also within heavy commercial zones. A use permit is required in light and neighbochood,.
commercial zones. In the cities where brew pubs are categorized in more general terms such as
"eating and drinking establishmenfs° ftiey are allowed in the majorify of non-residential zones.
2
Compared, to othec cities Auburn did not contemplate brew pu6s in the City's industrial zones. And
6reweries, large or small, were also not considered in the indusfrial zones except as might fit within a
general "manufacturing" definition:
. Conclusion:
, . If a new,microbrewery wanted to locate in Auburn.today it would have to be categorized.as either a .
` brew pub or tavem, Further; if the microbrewery did not intend' have fo 51 percent of its floor area as
a.restaurant then it must be defined a tavern and could only, be permitted in the G-3 zoning district.
The currenfi code makes it difficult for microbreweries to locate without a large restaurant component
or for other uses tied to the brewing'industrysuch a tasting rooms to come into the city. During the
Committee's discussion at the October 11, 2010 meeting, staff would like to discuss the following
questions:
1. The current definition treats "microbrewery" and "brew pub" the same. Is different treatment
warranted? ~
2. Does the Committee think brew pubs (or microbreweries) should be permitted in the
industrial zones?
3. How does the Committee feel about "tasting rooms" or: those establishments which allow
customers to taste samples of beer?
4. Does the Committee have additional questions or information needs that it wants staff to
research and report back pertaining to brew pubs, microbreweries, or tasting rooms?
Attachments:
A:: Excerpt City of Sumner. Zoning. Regulations - Breweries
B: Excerpt City of Everett: Zoning Code Amendments - Microbreweries and Small Scale Distilleries
3
ATTACHMENT A
CITY OF SUMNER ZONING REGULATIONS
Title 18 - Zoning
Chapter 18.04 Definitions
18.04.0185 Brewery. A. "Brewery" means a business thaf brews more than 15;000 barrels of 6eer per year.
B. "Brewpub° means a restaurant-brewery that sells at least 50 percerrt of its beer on the premises: The -
. • beer is brewed forsale and consumption in the adjacent restaurant and/or bar: The beer is often
dispensed directly from the brewery's storage tanks. -
C. "Microbrewery" means a facility`that produces beer and sells it to the public by one or more of tfie
following methods: through the traditional three-tier system (brewer to wholesaler to retailer to consumer);
the two-tier system (brewer acting as wholesaler to retailer to consumer); and in some cases, directly to
the consumer through carryouts or on-sife taproom sales. Microbreweries shafl have a production
capaci_ty not to exceed 15,000 U.S. barrels per year. (Ord. 1694 § 1, 1995)
, Chapter 18.16 Commercial Districts (NC, CBD, GC, IC, MUD)
NC CBD MUD GC IC
43. Tavems, micro-breweries, brewpubs, and bars - CUP CUP CUP P
1. NC;'Neighborhood Commeraal DisUid.
2. CBD, Central Business DistricL
3., GC, General Commercial District.
4, IC, Interchange Commeraal District
5. MUD, Mixed-Use Development District:
Chapter 18:18 Manufacturing Districts (M-1, M-2)
M-1 M-2
6. -/CUP' Breweries P
' 52. P Tavems, micrabreweries, P
brewpubs, and bars
4
Attachment B
ORDINANCE NO.
An Ordinance Amending the Zoning Code related to small scale distilleries and wineries,
Ordinance No. 1847-92 and 2397-99, as acnended {EMC Title 19..
WHEREAS, the City of Everett Zoning Code contains regulations that allow for "micro-
breweries: in certain zone districts;: and
WHEREAS, it is necessary firam time to time to update zoning regularions. to provide
clarification or create additional standards related to specific uses; and
WHEREAS, small scale distilleries-and wineries that are similar in scale.and operatioato micro-
,
breweries are becoming more common in cities as a desirable land use in certain commercial
districts; and WHEREAS, micro-breweries are already listed as a permitted use in severaT commercial zvrie
districts in Everett; and .
VVHEREAS, the Planning Commission held a public workshop on March 16, 2010 to discuss and
consider potential amendments to the Zoning Code related to micro-breweries, micro-distilleries
and micro-wineries; and
WHEREAS, the Planning Gommission held a public hearing on' May 4, 2010 to consider public
testimony and did make a recommendation that the City Council amend the Zoning Code
conceming regulations for micro=breweries, micro-distilleries and micro-wineries; and.
WHEREAS, the City Council held a public hearing on June 2010 to consider the
recommendation of the Planning Commission; and
WHEREAS, the City Council finds:
1. The proposed amendment is consistent with the applicable provisions of the Everett
Growth Management'Comprehensive Plan; and
- 2. The proposed amendment beais a substantaal relatian to the public health, safety and
welfare; and
3. The proposed amendment promotes the best long term interests of the Everett
community.
NOW, THEREFORE, THE CITY OF EVERETT ORDAINS the following:
Section 1. Section 4.020 of Ordinance No. 1847-92, as amended, definition of "Brewery,
micro," which currently reads as follows:
"Brewery, micro-" means a small-scale beer brewing plant located within a restaurant or tavem
building in which a portion of the building is used for the production of beer for wholesale
distribution and for on-site retail sale to restaurant or tavern patrons.
Is hereby amended to read as follows:
"Micra-brewery, micro-distillerv. O.P III1CT0-winerv" means small scaled business located in a
building where the primarv use'ts €or restaurant, retail ar tastinp, room and which 5pecializes in
producine limited qtiantities of wine, beer,,or ather alcoholic beverage.
Section 2. Section 4.020 or Ordinance No. 1847-92, as amended (EMC 19.04.020), is hereby
amended by the addition of the following definition:
=`Tastina room" means an establishment that allows cuswmers to taste samples of wine, becr or
other alcoholic beveiase and has a State of Washington issued liguor license as a tastin room
A tasting room mav include wine, beer, or other alcoholic beverage and related items sales
marketing events, special events, entertainnient- and/or food service Establishments that are
classified bv the State Liquor Control Board as bars, nightclubs, taverns ar restauraiits are not '
included in this definition.
Section 3. Table 5.2 of Section 36 of Ordinance No. 2397-99, as amended (EMC Chapter 19.05), "Eating and Beverage" uses, which
currently reads as follows:
Table 5.2 Nonresidential uses.
R- R-
S 1(A) C_
ZONE R- R- R- R- R- R-4 B- B-3 BM C- 2ES W- M-
USE A-1 2 1 2(A) 3(L) 3 R-5 B-1 B-2 2(B) (66) U C-1 1 R C-2 (60) C M-S M M-1 M-2
EATING AND BEVERAGE
Bakery, retail I(13) 1(13 I(13) I(13) I(13) I(13) I(13) I I I(13) I I I
)
Brewery, micro- I(14) 1(14) I I(14) I(14) I ! I I I I I
Espresso stand I(15) I(15) 1(15) I(15) I(15) 1(63) I(15) I(15)
Restaurant I(16) I(16 I(16) I(16) I(16) 1(16) I(16) I(16) I(16) I(16) I(96) I(16) I(16) 1(16) I(16)
)
Tavem I(17) I(17) I(17) I(17) I(17) I(17) 1(17) 1(17) I(17)
(54)
Is hereby amended to read as follows:
Table 5.2 Nonresidential uses.
R- R-
S 7(A) C-
ZONE R- R- R- R- R- R-4 B- B-3 BM C- 2ES W- M-
USE A-1 2 1 2(A) 3(L) 3 R-5 B-1 B-2 2(13) (66) U C-1 1 R C-2 (60) C M-S M M-1 M-2
EATING AND BEVERAGE
Bakery, retail I(13) I(13 I(13) I(13) I(13) I(13) I(13) I I I(13) I I I
)
Brewery, micro- I(14) I(14) 104) I(14) I(14) I 1 ifI4 I I I I
Distilierv, micro-
Winerv, micro-
Espresso stand I(15) I(15) I(15) I(15) I(15) I(63) I(15) I(15)
Restaurant 1(16) 1(16 I(16) 1(16) 1(16) I(16) I(16) I(96) I(16) I(16) I(16) I(16) 1(16) I(16) I(16)
)
Tastinq Room I I I I I j 1 E ~ ( I i
Tavem I(17) I(17) I(17) I(17) I(17) I(17) I(17) I(17) I(17)
(54)
Section 4. Special Regulation No. 14 far Use Table 5.2 of Section 36 of Ordinance No. 2397-
99, as amended (EMC Cha.pter 19.05), which currently reads as follows:
SPECIAL REGULATIONS FOR ZONING CODE TABLE #5.2
(14) Not more than fifly percent of the total floor area may be used for brewery production.
Is hereby amended ta read as follows:
SPECIAL REGULATIONS FOR ZONING CODE TA.BLE #5.2
(14)_ 1'lus use shall be aermitted onl~junction with a restaurarrt, tavern, retail sales or
tastine mom, in which the uublic facade of the building is oriented to the public street or, if
tocated in -a shouuinia center or busiaess park, to the common spaee where the public can
access the buildi:nQ. This use shall be desiQned and operated sa as not to create odor impacts
to surrounding uses, and shall comply with the odor regulations af the Pumet Saund Glean Air
Agency.
Section 5. Severabilitv. Should any section, paragraph, clause or phrase of this Ordinance,
or its application to any person or'circumstance, be declared unconstitutional or otherwise invalid
for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or
regulations, this shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or eircumstances.
Section 6. Conflict. In the event there is a conflict between the provisions of this Ordinance
and any other City ordinance, the provisions of this Ordinance shall control.
Section 7: Corrections. The City Clerk and the codifiers of this Ordinance aze authorized to
make necessary corrections to this Ordinance including, but not limited to, the correction of
scrivener's/clerical errars, references, ordinance numbering, section/subsection number and any ~
referencesthereto.
~
Ray Stephanson, Mayor ATTEST: • -
CYTY CLERK. :
Passed:
Publis6ed:
Effective Date:_.
EXHIBIT A
Item 1: The definition of micro-brewery is proposed to be amended to read as follows:
"Micro-brewery mfcro-distillerv, ormicro-winerv"meanssmall scaled business h°°F "•°w;^^
located in a r°s',-Wa^+ ^F *^V°"' building
where the
primarv use Is for restaurant retai! or fiasina roam, and which snecializes In pcaducinp limited auontities
of wine, beer, or other atcoholic beveraQe.
Item a: The definition of utasting room" would be added to the zoning code, and wouid read as follows:
"Tasting room" means an establishment that ollows customers ta taste samples of wine, beer or
other alcoholic beverage and hos a State of Washington issued IJquor license as a tasting room. A
tasting room may Jnclude wine, beer, or other alcoholic beverage and related items sales, marketing
events, special events, entertainment, and/or food service. Estabtishments that are classifred 6y the
State Liquor Control8oard as bars, nightclubs, taverns or restourants are not included in ihis
definitlon."
Item 3: The zones In which a micro-brewery, micro-distillery or micro-winery shall be permitted include:
• 9-2 (Community Business)
• B-3 (Centrai Business District)
• BMU (Broadway Mixed Use)
• C-1(General Commercial)
• C-111 (Regional Commercial-Office)
• C-2 (Heavy Commercial - Light Industrial)
• C-ZES (Heavy Commercial - Light Industrial - Everett Station)
• WC (Wa#erfront Commercial)
• MS (Maritime Services), M-M (Business Park)
• M-1(Ofrice and Industrial Park)
a M-Z (Heavy Manufacturing)
Item 4. The current special regulation #14 in the Use Tab1e 5.2 of the zoning code, for microbrewery,
which applies in the B-2, B-3, C-1 and C-111 zones and reads as follows:
"Not more than fifty percent of the totaf floor area may be used for brewery produrtion."
Shall be revised as follows and apply in the B-2, B-3, C-1, C-1R, BMU and WC zones:
14. This use shall be permitted only in canjunction with a restaurant tavern, retail sales or tasting
room, in which the public fagade of the buildinq is oriented to the public street or, if located in a
shopping center or business park, to the common space where the public can access the building.
This use shall he designed and operated so as not to create odor impacts to surrounding uses and
shafl comply wrth the odor regu/attons of the Puget Sound Clean AirAgency.
3