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January 4, 2018 City Council Regular Meeting
Title
Motion to Amend the Zoning Ordinance Regarding Craft Distillery (Petitioner: The Planning Commission)
Description

The Mayor and Aldermen approved this text amendment request following a zoning hearing at the December 21, 2017, City Council Meeting.  The action being considered now is the approval of an ordinance to allow a craft distillery (Sec. 8-3025(b) use 93) as a permitted use in the B-B and B-C Zoning Districts, subject to conditions.

The Planning Commission is proposing to allow a craft distillery (Sec. 8-3025(b) use 93) as a permitted use in the B-B and B-C Zoning Districts, subject to conditions (File No. 17-006721-ZA).

Use 93 – Craft distillery, was created on June 11, 2015 in conjunction with a zoning text amendment. A craft distillery is a facility that produces by distillation not more than 40,000 gallons of spirits per year for consumption off site and the sale and distribution of which are regulated by federal, state and local laws. 

When Use 93 was created in 2015, there was no reason given why the proposed use was not included as a permitted use in the B-B and B-C Zoning Districts. However, because a craft distillery is not more intensive than many of the uses permitted in the B-B and B-C Zoning Districts, including cocktail lounges and taverns, there is no reason a craft distillery should not be a permitted use in the B-B and B-C Zoning Districts in addition to the other commercial districts that permit a craft distillery.

On November 21, 2017, the Planning Commission voted to recommend approval of the text amendment to allow a craft distillery as a permitted use in the B-B and B-C zoning districts, subject to conditions. Though not consistent with the original request, the property owner and rezoning petitioner supports the Planning Commission’s recommendation. If the text amendment is approved, they will still be able to develop the property as proposed without rezoning.  A zoning map amendment (File No. 17-006172-ZA) request to rezone 234 Martin Luther King, Jr. Blvd was withdrawn at the December 21, 2017 City Council meeting.

(93) Craft distillery: Provided that within the BC-1, B-B, B-C, and B-G zoning districts, the following conditions shall apply:

(a)   No offensive odors shall be emitted beyond the walls of the building occupied by such a use.

(b)   Except for the residence of the owner or a caretaker’s quarters, the use shall not be established within 150 feet of a conforming residential dwelling unit.

Recommendation

Approval

Contact
Shane Corbin, Zoning Administrator
Financial Impact
N/A
Review Comments
Attachments
Craft Distillery Text Amendment 20171121 Planning Commission Recommendation 17-006721-ZA.pdf
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