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HomeMy WebLinkAbout08327ORDINANCE NO. 8327 AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO BREWPUBS AND MICROBREWERIES AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates matter being added) SECTION 1. Section 17-2-1, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the addition of subsections (6.5) and (32.02) to read as follows: Sec. 17-2-1. Definitions. For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: . . . (6.5) means an establishment that is primarily an eating place Brewpub which includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. The brewing operation does not include the production of any other alcoholic beverage. The area used for brewing, including bottling and kegging, shall not exceed thirty percent (30%) of the total floor area of the commercial space. The brewery shall not produce more than four thousand (4,000) barrels or 124,000 gallons of beer or ale per year. There must not be any brewing equipment or storage visible from the outside unless architecturally significant and integrated into the style and design of the building as determined by the Administrative Official. . . . (32.02) means an establishment that is primarily used for Microbrewery producing beer and may include retail or food service as an accessory use. The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. The brewing operation does not include the production of any other alcoholic beverage. The brewery shall not produce more than eight thousand (8,000) barrels or 248,000 gallons of beer or ale per year. There must not be any brewing equipment or storage visible from the outside unless architecturally significant and integrated into the style and design of the building as determined by the Administrative Official. . . . SECTION 2. Section 17-4-51, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsections (8), (11.1), (12), (12.1), (12.2), (12.3), (12.3.1), (12.4), (13), and (14), to read as follows: Sec. 17-4-51. Permitted use of land and buildings. . . . (8) Multiple-Residential and Commercial District (R-6): . . . b. Uses by right. . . . 8.1 Brewpub . . . (11.1) Highway and Arterial Business District (B-3): . . . b. Uses by right. A use by right is any use which is primarily retail, office, commercial, finance, transient residence, including bed and breakfast homes, bed and breakfast inns, government, service, social or cultural in nature (including parking lot and parking structure), which serves the public good and which does not involve the manufacture or production, fabrication or rebuilding or the bulk storage, warehousing or wholesaling of merchandise, or mobile home sales. (Utilities as outlined in Section 17-4- 30.) . . . 2. Brewpub c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit: . . . 2.2 Microbrewery . . . (12) Regional Business District (B-4): . . . b. Uses by right. A use by right is any use which is primarily retail, office, commercial, finance, transient residence, including bed and breakfast homes, bed and breakfast inns, adult entertainment, government, service, social or cultural in nature (including parking lot and parking structure), which serves the public good and which does not involve the manufacture or production, fabrication or rebuilding or the bulk storage, warehousing or wholesaling of merchandise. (Utilities as outlined in Section 17- 4-30.) . . . 2. Brewpub c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit: . . . 3.2 Microbrewery . . . (12.1) Historic Business Zone District (H.B.): . . . b. Uses by right. . . . 3.1 Brewpub . . . c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit. . . . 3.1 Microbrewery . . . (12.2) Historic Arkansas Riverwalk of Pueblo Zone District – One (HARP - 1): . . . b. Uses by right. 0.1 Brewpub . . . (12.3) Historic Arkansas Riverwalk of Pueblo Zone District – Two (HARP - 2): . . . b. Uses by right. 0.1 Brewpub . . . (12.3.1) Historic Arkansas Riverwalk of Pueblo Zone District – Three (HARP - 3): . . . b. Uses by right. 0.1 Brewpub . . . (12.4) Business Park District (BP): . . . b. Uses by right. A use by right is any use which is primarily retail, office, commercial, food service (restaurants), hotel, finance, government, service, social or cultural in nature (including parking lot or parking structure) which serves the public good. Other uses by right include light manufacturing, production, fabrication or rebuilding, bulk storage, warehousing and wholesaling of merchandise. Uses may be combined provided they are conducted in compliance with the performance standards and use regulations of the BP zone district. 1. Brewpub c. Uses by review. A use by review is any of the following uses which are permitted only upon the issuance of a special use permit. . . . 1.2 Microbrewery . . . (13) Special Industrial District (I-1): . . . b. Uses by right. . . . 41.1 Microbrewery . . . (14) Light Industrial District (I-2): . . . b. Uses by right. . . . 110.1 Microbrewery . . . SECTION 3. This Ordinance, and these amendments to Title XVII of the Pueblo Municipal Code, shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of the Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or these amendments shall be guilty of a municipal offense and subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: February 28, 2011 BY: Judy Weaver COUNCILPERSON PASSED AND APPROVED: March 28, 2011 Background Paper for Proposed ORDINANCE DATE: FEBRUARY 28, 2011 AGENDA ITEM # R-5 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO BREWPUBS AND MICROBREWERIES AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council amend Chapters 2 and 4 of Title XVII of the Pueblo Municipal Code relating to brewpubs and microbreweries? RECOMMENDATION The Planning and Zoning Commission, at their February 9, 2011 Regular Meeting, voted 4-0 to recommend approval. BACKGROUND The proposed Ordinance will add definitions for brewpubs and microbreweries and create specific zone districts where the new uses will be permitted by right or by review. After reviewing regulations from many other cities and researching floor area and brewing capacity of differently sized operations, Staff has settled on the definitions, regulations and zoning districts listed in this proposed Ordinance. The main difference between the Brewpub and Microbrewery is that a Brewpub is mainly a restaurant use with the accessory use of brewing and a Microbrewery’s main use would be brewing with possible accessory uses such as food service or retail. In a Brewpub the brewing operation could only take up 30% of the floor area where as in a Microbrewery the brewing operation could take up 100% of the floor space. Brewpubs would be allowed as a use by right in R-6, B-3, B-4, H.B, HARP 1, HARP 2, HARP 3, and BP. Microbreweries would be allowed as a use by right in I-1 and I-2 and as a use by review in B-3, B-4, H.B. and BP. FINANCIAL IMPACT None.