TEXT AMENDMENT TO THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW

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1 Village of Glenview Plan Commission STAFF REPORT October 14, 2014 TO: Chairman and Plan Commissioners CASE # : P FROM: Community Development Department CASE MANAGER: Brandon Crawford, Planner Brent Troxell, Management Analyst PROJECT NAME: Brewery Text Amendment SUBJECT: Text Amendment to Municipal Code ACTION REQUESTED: Staff requests consideration of a Plan Commission recommendation to the Board of Trustees. APPLICANT / CONTACT: Community Development Village of Glenview 1225 Waukegan Road Glenview, IL Tel: (847) TEXT AMENDMENT TO THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW PROPOSAL: Staff is requesting Plan Commission consideration of a proposed text amendment to Chapter 98, Zoning, Article I, Sec Definitions, Article II Conditional Uses, Article III., Sec Use Table, and any related provisions of the Glenview Municipal Code. This amendment would add new definitions for brewpubs and craft breweries, and identify the zoning district in which such establishments would be permitted by right or subject to approval through a conditional use process. Report Disclaimer: Village staff makes no representations regarding support, endorsement, or the likelihood of approval or disapproval by any Glenview regulatory commission or the Board of Trustees.

2 Project Summary BACKGROUND: Recently, several prospective brewpub and craft brewery operations have inquired about the Village of Glenview s regulations concerning such types of uses. Presently, brewpubs and craft breweries are not defined terms in the Village s Municipal Code nor are such facilities listed as permitted or conditional uses in any Village zoning district. As a result, staff has reviewed how neighboring municipalities define and regulate brewpubs, a restaurant that brews beer for consumption onsite, and craft breweries, a small brewery that sells packaged beer which may have an associated tasting room and/or a small restaurant, to determine which uses may be appropriate for the Village of Glenview. A comparision chart of the different municipal regulations is attached to this report and include the following municipalities: Evanston, Lake Barrington, Lake Bluff, Libertyville, Lombard, Morton Grove, and Wilmette. Municipality Evanston Lake Barrington Lake Bluff Libertyville Lombard Morton Grove Wilmette Establishment(s) Smylie Bros. Restaurant & Brewery Temperance Beer Company Peckish Pig The Onion Pub & Brewery Lake Bluff Brewing Company Mickey Finn s Brewery Rock Bottom Restaurant & Brewery None existing None existing Staff has also referenced the American Planning Association. "Practice Microbreweries." Zoning Practice, Issue 3 (2014) as well as State of Illinois regulations regarding such uses. The American Planning Association Practice Microbreweries publication provides information pertaining to zoning regulations, land use patterns, scale of operations, and community and economic development. Staff also reviewed State of Illinois brewpub and craft brewery applications, which include rules and regulations concerning brewpubs and craft breweries. The State of Illinois applications provide information on definitions, required submitals, and scale of operation. Both the American Planning Association publication and State of Illinois applications are attached. PROPOSAL: Staff proposes a text amendment to the Village of Glenview Municipal Code to add definitions to accommodate the growing market for brewpubs and craft breweries, and include the uses as permitted or conditional uses throughout Village in the appropriate zoning districts dependent on the intensity of use and whether or not the use is likely to conflict with adjacent properties. Generally, the brewpub uses would be compatible in either the general retail corridors (Milwaukee, Waukegan, etc.), downtown Glenview, or The Glen Town Center, and the craft brewery uses in the light industrial areas. 2

3 The prevailing method other towns have used to regulate breweries consisted of zoning and through new liquor license categories designed to control the specific aspects of the operations. Staff recommends the size of operation of a brewery to be consistent with the limits set in required state licenses. Further, the proposed regulations are largely consistent with local municipalities that have brewery classifications in their liquor licenses and mirror similar types of Village liquor licenses. If the Plan Commission recommends to the Board of Trustees zoning changes to permit breweries, staff will concurrently recommend the establishment of an additional class of liquor licenses to regulate the operation of brewpubs and craft breweries, substantially as presented below. The proposed liquor license classes are to be separate, yet consistent, with the classifications of this amendment. DEFINITIONS: The proposed new defintions include the following: Brewpub means an establishment where beer is brewed or manufactured with the primary distribution in an adjoining restaurant where food is served. Craft brewery means an establishment where beer is manufactured in quantities not exceeding those prescribed by the Illinois Craft Brewer s License. The establishment may include a tasting room where beer manufactured onsite is served. Tasting Room means a room accessory only to a craft brewery in which beer is available on tap. USE EXPLAINATION: Staff considered the appropriateness and intensity of use when determining whether brewpubs and craft breweries would be permitted, not permitted, or conditional uses throughout the Village s zoning distrcits. Brewpub Brewpubs are to be permitted throughout the Village s downtown and business districts as the business will operate similarly to a restaurant. Patrons will be provided with food prepared onsite, while also having the opportunity to enjoy beer produced onsite by the establishment. Brewpub uses are permitted in the upper stories of buildings within the Downtown Development District and further clarified by Ordinance 5441, which allows for retail in upper stories that are not Red Blocks, so long as the space is utilized by a single retailer who is also utilizing the ground floor space (ex. Grandpas). Brewpubs would be a conditional use in planned developments to allow the community to determine their appropriateness and assess their impacts on surrounding properties. Craft Brewery Craft breweries are to be permitted in the Village s I-2 district as they will operate similarly to that of a manufacturing facility. Craft breweries will be permitted as conditional uses throughout the Village s B- 2, B-3, and MURC zoning districts. The conditional use designation within these districts allows the community to determine their appropriateness and assess their impacts on surrounding properties. 3

4 USE TABLE: The Use Code table is proposed to be amended to reflect these definitional terms and to identify specifically which zoning districts the uses are permitted, conditional or not permitted. The proposed table is shown below: Use Downtown Glenview Road and Waukegan Road ground floor Downtown Code upper floors Red Blocks and other D-D blocks B-1 main Zoning District B-1 B-2 B-3 MURC SLE H-1 I-1 I-2 PD not main Brewpub P P P P P P C Craft brewery C C P C LIQUOR LICENSE CLASSIFICATION: The issuance of liquor licenses are regulated per the provisions of Chapter 6 of the Village of Glenview s Municipal Code. An ordinance amending Chapter 6 of the Municipal Code should be considered to adopt a new liquor license classification specific to brewpubs and craft breweries. The proposed liquor license amendments are as follows: Class K which shall have sub-classifications as follows: K-1: Class K-1 which shall authorize the sale of alcohol for consumption on the premises of a facility which manufactures beer. The business operator must maintain the licensed premises as a bona fide eating establishment. The brewpub must maintain suitable food preparation facilities. Each Class K-1 license shall be issued subject to the applicant s compliance with all the following conditions: a. The license holder must hold a valid Brewpub license from the State of Illinois and follow all requirements therein. b. Retail sale of beer intended for consumption off the premises shall only occur if the container is sealed for transport. Beer intended for off-site shall not be opened or consumed in the brewpub. c. Tours of the facility may be offered with complimentary tastings that shall not exceed 3 servings of 4 ounces each. d. The license holder is authorized to sell packaged beer from the bar on the license holder s premises during the permissible hours of operation as specified herein. e. The annual fee for such license shall be as provided in Section ($2,950).K-2: Class K-2 which shall authorize the sale of alcohol consumed on the premises of facility which manufactures beer in which the sale of beer for consumption on the premises is secondary to the distribution of beer for retail sale off the premises. 4

5 K-2: Class K-2 which shall authorize the sale of alcohol consumed on the premises of facility which manufactures beer in which the sale of beer for consumption on the premises is secondary to the distribution of beer for retail sale off the premises. Each Class K-2 license shall be issued subject to the applicant s compliance with all the following conditions: a. The license holder must obtain a valid Craft Brewer s License from the State of Illinois and follow all requirements therein. b. No sales, for retail or consumption, of alcohol manufactured off the premises shall be permitted. c. Tours of the facility may be offered with complimentary tastings that shall not exceed 3 servings of 4 ounces each. d. Retail sale of beer intended for consumption off the premises shall only occur if the container is sealed for transport. Beer intended for off-sale shall not be opened or consumed in the tasting room. e. Beer sold for consumption on the premises shall not be served in containers greater than 16 ounces. f. Tours and retail sales for consumption on and off the premises shall be allowed from 10:00 AM until 9:00 PM. Any additional hours would be subject to review and approval via the Village s special events process. g. The tasting room must have packaged or prepared foods available. h. Restaurants as an accessory use to a craft brewery will be considered as conditional uses in I-2 districts. i. The annual fee for such license shall be as provided in Section ($2,000) Should the new liquor license classifications be adopted, the liquor license application and process would adhere to the provisions of Chapter 6 in the Village of Glenview Municipal Code. Interested businesses would complete a liquor license application and be subjected to background checks and fingerprinting by the Glenview Police Department. Should the background investigation not reveal anything that would cause a refusal of the request for a liquor license by the Liquor Commissioner (Village President), the request would be brought forth for consideration at a Board of Trustees meeting. If approved by the Village Board of Trustees, the applicant would be required to pay the associated fees, provide Basset certificate(s) and a copy of their lease, if applicable, to the Glenview Police Department prior to the issuance of the liquor license. PUBLIC OUTREACH: The proposed changes were precipitated by a public inquiry for operation of a brewpub or craft brewery facility within the Village of Glenview. The time, date, and location of the Plan Commission meeting has also been posted in Glenview Announcements, e-glenview, and on the Village of Glenview webpage. PUBLIC RESPONSE: As of press time, no correspondence regarding the proposed text amendment from the public had been received by Community Development Department staff. 5

6 Technical Review PUBLIC OUTREACH: A. 09/25/14 Public Notice published in the Glenview Announcements B. 10/14/14 Plan Commission Public Hearing C. TBD Village Board of Trustees First Consideration D. TBD Village Board of Trustees Second Consideration 2014 A B CD Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Attachments & Exhibits 1. Sample Motion 2. Public Notice 3. Municipality Comparison Chart 4. American Planning Association. "Practice Microbreweries." Zoning Practice 3 (2014) 5. State of Illinois Brewpub Application 6. State of Illinois Craft Brewery Application 7. Village of Lombard Ordinance

7 Sample Motion Based upon the application materials, testimony, and subsequent discussion relating to the petition, I move in the case of P , Craft Brewery Text Amendment, the Plan Commission recommend adoption of the text amendments as presented in the attached exhibit, including amendments to Chapter 98, Zoning, Article I, Sec Definitions, Article II Conditional Uses, Article III., Sec Use Table, and any related provisions of the Glenview Municipal Code. 7

8 PROPOSED TEXT AMENDMENT VILLAGE OF GLENVIEW PUBLIC NOTICE P Notice is hereby given that a Public Hearing will be held by the Glenview Plan Commission on Tuesday, October 14, 2014 at 7:00 p.m. at the Village Hall, 1225 Waukegan Road, Glenview, Illinois to consider proposed amendments to Chapter 98, Zoning, Article I, Sec Definitions, Article II Conditional Uses, Article III., Sec Use Table, and any related provisions of the Glenview Municipal Code to establish regulations governing various land uses proposed to be permitted by right or as conditional uses in the B-1, B-2, and B-3 Business Districts, the Downtown Development District, and the I-2 Industrial District. Land uses to be considered shall include, but are not be limited to, brewpubs, microbreweries, and other similar uses. All persons interested should attend and will be given an opportunity to be heard. For further information, please call Jeff Brady, Director of Planning, at (847) Glenview Plan Commission Steven K. Bucklin, Chairman ATTEST: Jeff Brady Director of Planning Publication Date: September 25,