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.