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HomeMy WebLinkAboutG28-23 Ordinance No. G28-23 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE ENTITLED "ZONING" TO CREATE REGULATIONS FOR BREW PUBS WHEREAS, a written application has been made to amend various chapters of Title 19 of the Elgin Municipal Code entitled"Zoning"to create regulations for brew pubs; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on June 5, 2023, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written findings and recommendation that the requested amendments be granted; and WHEREAS, the City Council concurs with the findings and recommendation of the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including but not limited to,regulations in the city's zoning ordinance relating to brew pubs pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,dated June 5, 2023 made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Section 19.35.430. A. 6. of the Elgin Municipal Code entitled "Retail trade division" (Permitted Uses, Land Use, AB Area Business District) is hereby amended to add the following: "Brew pubs [SR]." Section 3. That Section 19.35.530. A. 6. of the Elgin Municipal Code entitled "Retail trade division" (Permitted Uses, Land Use, CC1 Center City District) is hereby amended to add the following: "Brew pubs [SR]." Section 4. That Section 19.35.730. A. 6. of the Elgin Municipal Code entitled "Retail trade division" (Permitted Uses, Land Use, CC2 Center City District) is hereby amended to add the following: "Brew pubs [SR]." Section 5. That Section 19.90.015. of the Elgin Municipal Code entitled "Definitions and regulations" (Supplementary Regulations) is hereby amended to add the following: "Brew pubs mean any building [SR] or portion thereof utilized for the manufacture and storage of beer, the sale of alcoholic liquor for consumption on the premises, and the sale of beer brewed or manufactured on the premises in its original package not for consumption on the premises. A brew pub may,but is not required,to offer food service. All production supplies and waste materials associated with a brew pub must be stored inside the building. The number of gallons of beer sold by a brew pub each year for off premise consumption shall not exceed the number of gallons authorized for sale each year by a brew pub in the Illinois Liquor Control Act(235 ILCS 511, et seq., as amended)." Section 6. All above affected sections of Title 19 shall be either re-numbered and/or re-alphabetized accordingly. Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 8. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. -Mvid J. Kap , Ma or Presented: July 26, 2023 Passed: July 26, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: July 26, 2023 Published: July 26, 2023 A st Kimberly Dewis, City Clerk w 2 EXHIBIT A June 5, 2023 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 14-23, an application by the Development Administrator of the City of Elgin, as Applicant,to amend Title 19"Zoning"of the Elgin Municipal Code, 1976 as amended, to establish a definition and supplementary regulations for brew pubs and to add brew pubs to the list of permitted land uses in certain business zoning districts. GENERAL INFORMATION Petition Number: 14-23 Requested Action: Amend Title 19"Zoning"to create and define the land use classification"brew pub"and to establish"brew pubs"as permitted uses in the center city zoning districts(CC 1 and CC2) and the AB Area Business zoning district Applicant: Marc S. Mylott.AICP, Director of Community Development Staff Coordinator: Damir Latinovic, AICP, Senior Planner Exhibits Attached: A. Development Application B. Draft Ordinance Recommendation & Findings of Fact Petition 14-23 June 5,2023 TEXT AMENDMENT SUMMARY The City of Elgin is proposing a zoning ordinance text amendment to create the zoning regulations for brew pubs to locate in the downtown. It is widely agreed that a brew pub would be a welcome addition to the downtown, and it has been suggested that these zoning amendments (as well as a recently approved amendment to the Elgin liquor code)could encourage that to happen. While a vast majority of the land uses listed in all zoning districts refer to the US Department of Labor's Standard Industrial Classification System for the defmition of each type of use,some land uses have their own definition with the zoning ordinance. The proposed amendment would create a definition for a "brew pub" that follows the existing defmition within the Illinois State Liquor Code and a recent amendment to the Elgin liquor code: "Brew pubs mean any building or portion thereof utilized for the manufacture and storage of beer, the sale of alcoholic liquor for consumption on the premises, and the sale of beer brewed or manufactured on the premises in its original package not for consumption on the premises. A brew pub may, but is not required, to offer food service. All production supplies and waste materials associated with a brew pub must be stored inside the building. The number of gallons of beer sold by a brew pub each year for off premise consumption shall not exceed the number of gallons authorized for sale each year by a brew pub in the Illinois Liquor Control Act(235 ILCS 511, et seq., as amended)." It is recommended that the maximum number of gallons of beer sold by a brew pub annually stay consistent with whatever level is set by the State Liquor Code — currently 155,000 gallons. Examples of establishments with a State of Illinois brew pub license include Emmett's Tavern & Brewing in West Dundee;Two Brothers Roundhouse in Aurora;Half Day Brewing in Linconshire; Pollyanna Brewing Company in Lemont,Roselle,and St.Charles;and Penrose Brewing Company in Geneva. (The terms microbrewery and brew pub are often used interchangeably,but the Illinois State Liquor Code does not have a definition for a microbrewery. Instead, it refers to them only as brew pubs.) Staff recommends adding "brew pubs" to the list of permitted uses in the downtown center city districts (CC 1 and CC2) and the AB Area Business district. AB zoning districts are most-often found along Elgin's busiest commercial corridors. All zoning districts in the city's zoning ordinance include a list of land uses allowed as a permitted use and a list of land uses allowed as a conditional use. If a business is classified as a permitted use,the applicant only needs to submit a business application for a business license and a certificate of occupancy, for administrative staff review, which is typically approved by staff within 15-30 days. If a business needs to make interior or exterior modifications to the building and/or the site to accommodate the new use, then a building permit application with plans is submitted prior to or with the business application. The business license and the certificate of occupancy are issued after all work is complete and final inspections are approved. -2 - Recommendation & Findings of Fact Petition 14-23 June 5, 2023 If a business is classified as a conditional use, the applicant must first submit a development application for conditional use approval (zoning approval). The applications for conditional use are reviewed by staff, the Planning and Zoning Commission at a public hearing, and by the City Council over two meetings. The development application review process typically takes 60-90 days from the date the city has a complete application to the final determination by the City Council. If the City Council approves the conditional use, the applicant then proceeds with the submittal of a business application and/or a building permit application described within the preceding paragraph. Eating places and drinking places are permitted uses in the CC1, CC2, and AB zoning districts. Brew pubs are analogous to eating places and drinking places and, as such, are recommended to be regulated similarly. The zoning ordinance currently allows an eating place and/or a drinking place to brew and sell its own beer for consumption on premises, but only as an accessory use. Accessory uses are limited to no more than 10 percent of the floor area. A separate and distinct "brew pub" land use removes that operational restriction. The last brew pub in Elgin was the Prairie Rock Brewing Company. Prairie Rock was established at the corner of Grove Avenue and Prairie Street in 1995.(The space is now occupied by Discovery Church.)The liquor license for Prairie Rock required food service with a regular seating capacity of not less than 325 persons. Prairie Rock closed in 2008 because of the Great Recession.I The proposed definition does not require food service at a brew pub. Ordinances in other communities reviewed in connection with the recent amendment to the Elgin liquor code found that a"restaurant requirement" for a brew pub varied. Communities with a restaurant requirement for brew pubs include Mundelein,Lockport,and Riverside. Other ordinances reviewed that do not include a restaurant requirement for a brew pub include St. Charles, East Dundee, Urbana, and O'Fallon. The amendment to the liquor license approved by City Council last month provides that a brew pub may,but is not required,to offer food service. It is also recommended that the zoning definition include a supplementary regulation that requires all production supplies and waste material to be stored inside the building. The waste material produced from brewing beer is referred to as "spent grain." Spent grain is the leftover malt and grain solids that remain after the brewing process. And while fresh spent grain typically has a slightly sweet and grainy smell, it can develop an unpleasant odor as it starts to decompose or if it is improperly stored. Breweries will remove spent grain from the brewing site promptly,either for repurposing or for proper disposal, to minimize the risk of any disagreeable smells developing. (Many breweries have found ways to minimize waste by repurposing spent grain. It is commonly used as animal feed,particularly for livestock.Additionally,spent grain can be used in composting, as a substrate for mushroom cultivation, or even as an ingredient in baking, where it adds texture 1 Danahey,Mike."Discovery Church plans to expand in former Prairie Rock building."Elgin Courier-News, January 26,2016(electronic edition). -3 - Recommendation & Findings of Fact Petition 14-23 June 5, 2023 and flavor to bread and other baked goods.) The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application: STANDARDS FOR TEXT AMENDMENTS For consideration by the Planning and Zoning Commission, the Community Development Department offers that the proposed text amendment complies with the following purposes and intent of the Zoning Ordinance(§ 19.05.300): ❑ Promote the public health, safety, comfort,morals,convenience, and general welfare; ❑ Conserve the taxable value of land and structures throughout the city; ❑ Dividing the entire city into districts, and restricting and regulating therein the location, construction, reconstruction, alteration, and use of land and structures, whether for residence,community facility,business, industrial,or other specified uses; and ❑ Establish standards to which building or structures therein shall conform. In addition,the Comprehensive Plan includes the following objective: Identify opportunities to enhance the City's competitiveness for business and employment investment, including evaluating the current regulatory environment (see Chapter 11, Implementation Action Matrix, Commercial Areas, Goal #2: Further Develop the City's Economic and Employment Development Programs, Business Friendliness: Community Competitiveness Assessment). RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 14-23. The vote of the Planning & Zoning Commission on the motion to recommend approval was four (4)yes,zero(0)no, and zero(0)abstentions. Three members were absent. Respectfully Submitted, s/Jay Cox Jay Cox,Chairman -4- Recommendation & Findings of Fact Petition 14-23 June 5,2023 Planning&Zoning Commission s/Damir Latinovic Damir Latinovic,AICP; Secretary Planning&Zoning Commission -5 -