From
Chris Hartmann
Title
TA180101 - Text Amendment - Amendment to the Unified Development Code, Article 4 - Permissible Uses, Article 11 - Performance Standards, and Article 30 - Definitions to establish a definition and regulations for Microbreweries, Brewpubs, and Distilleries in the Central Business District. The owner/applicant is the City of Grand Prairie Planning Department. (On January 8, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David P. Jones, Chief City Planner
Recommended Action
Approve
Analysis
Staff has received interest from multiple parties regarding craft breweries with on-site production, sale, and consumption. Currently, the City has no avenue to permit a brewery with on-site sales and consumption without subjecting the operator to a 70% requirement for food sales. Some craft breweries have food sales or a “bring your own” policy but it is not necessarily typical.
This item is an effort to facilitate the market demand for craft breweries/brewpubs and distilleries, particularly in the downtown area, and to take advantage of Grand Prairie’s logistical advantages in the DFW metroplex. Regulations allowing craft alcohol production, sale, and consumption should encourage operators that fit the profile of a craft brewery or distillery, with unique design and sense of place, high regard for craft and quality, and appropriate atmosphere that produces a regional attraction.
The following definition (amend Article 30 - Definitions) would regulate by-right brewpub and distillery operation:
Brewpub: An establishment regulated and licensed and/or permitted by the Texas Alcoholic Beverage Commission which contains a brewery producing liquor or beer and which offers its product for on-site sale and consumption in the same facility or structure as the brewery and which may or may not serve food in the same facility or structure as the brewery. This definition may also include a restaurant within the same area or district in which a brewpub is allowed, which brews liquor or beer on-site and serves the liquor or beer for on-site consumption in the same facility or structure, and where gross receipts of alcoholic beverages do not exceed 50% of gross receipts. (Reference Article 11, “Performance Standards”)
Brewpubs and distilleries meeting the above definiton would be allowed by right, but under the ordinance amendment there are several scenarios which may also trigger a Specific Use Permit (amend Article 11 - Performance Standards):
i. The physical size of all operations within a single building exceeds 20,000 square feet or the cumulative physical size of operations within multiple buildings exceeds 20,000 square feet, including brewery rooms, tasting rooms, commercial kitchens, and dining areas;
ii. The property or properties on which operations are proposed exceeds 1 total acre;
iii. Any uses, other than food service meeting the definition of a restaurant, are requested concurrently with the brewpub which share a demised space with the brewpub or whose business operates as an integral part with the brewpub, including live entertainment, event space, hotel, or retail space when the retail area exceeds 1,000 gross square feet;
iv. Thirty percent (30%) or more of alcohol sales come from alcoholic beverages, liquor, beer, wine, or spirits produced outside the Downtown Study Area;
v. The operator is required by TABC to obtain a mixed-beverage license and/or late hours permit, or for any operation associated with a brewpub with business hours which extend beyond midnight;
vi. More than 10,000 barrels of liquor, beer, or distilled spirits in any combination are produced annually at the location;
vii. Sales or consumption of liquor, beer, or distilled spirits occur within 300 feet of uses listed in Section 4.8.6.
The boundaries of the downtown study area are defined by the attached map (Exhibit B).
A final component of the amendment would update the Use Charts (Article 4 - Permissible Uses) to allow Brewpubs by right within the Downtown Study Area (parts of which are zoned CA, GR, GR-1, and C district) and also to allow tasting rooms by SUP for breweries which are outside the Downtown Study Area or do not meet the definition of brewpub.
P&Z RECOMMENDATION:
At its January 8, 2018 meeting, the Planning and Zoning Commission voted 8-0 to recommend approval.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 4, “PERMISSIBLE USES”, ARTICLE 11, “PERFORMANCE STANDARDS”, AND ARTICLE 30, “DEFINITIONS” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO ADD REGULATIONS AND REQUIREMENTS TO ALLOW THE PRODUCTION, SALE AND ON-SITE CONSUMPTION OF ALCOHOL WITHIN BREWPUBS AND DISTILLERIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on December 4, 2017, a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance amending the Unified Development Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 P.M. on January 8, 2018, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on January 23, 2018 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT, Article 4 “Permissible Uses”, Article 11 “Performance Standards”, and Article 30 “Definitions” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough, as follows:
Article 4: Permissible Uses
|
MANUFACTURING/MINING AND CONSTRUCTION |
NAICS CODE |
GR |
GR1 |
C |
C1 |
CA |
HC |
LI |
HI |
|
AIRCRAFT MFG. |
336411 |
|
|
|
|
|
|
X |
X |
|
ALCOHOL ** BEVERAGE MFG./ WHOLESALERS |
422820 312120 312140 |
|
|
X |
X |
X |
X |
X |
X |
|
ALCOHOL ** BEVERAGE MFG. (WITH TASTING ROOM) |
312120 312140 |
|
|
S |
S |
|
S |
S |
S |
|
ALCOHOL WHOLESALERS ** |
424810 424820 |
|
|
X |
X |
X |
X |
X |
X |
|
(ALCOHOL) ** BREWPUB (See Section 11.12.1) |
312120 312140 |
X |
X |
X |
|
X |
|
|
|
Article 11: Performance Standards
SECTION 12 - REQUIREMENTS FOR ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
K. Allowed by right at brewpubs or distilleries in the Downtown Study Area which meet the definition found in Article 30 “Brewpub”.
1. A Specific Use Permit is required for the operation of a brewpub or distillery having at least one of the following characteristics:
i. The physical size of all operations within a single building exceeds 20,000 square feet or the cumulative physical size of operations within multiple buildings exceeds 20,000 square feet, including brewery rooms, tasting rooms, commercial kitchens, and dining areas;
ii. The property or properties on which operations are proposed exceeds 1 total acre;
iii. Any uses, other than food service meeting the definition of a restaurant, are requested concurrently with the brewpub which share a demised space with the brewpub or whose business operates as an integral part with the brewpub, including live entertainment, event space, hotel, or retail space when the retail area exceeds 1,000 gross square feet;
iv. Thirty percent (30%) or more of alcohol sales come from alcoholic beverages, liquor, beer, wine, or spirits produced outside the Downtown Study Area;
v. The operator is required by TABC to obtain a mixed-beverage license and/or late hours permit, or for any operation associated with a brewpub with business hours which extend beyond midnight;
vi. More than 10,000 barrels of liquor, beer, or distilled spirits in any combination are produced annually at the location;
vii. Sales or consumption of liquor, beer, or distilled spirits occur within 300 feet of uses listed in Section 4.8.6.
2. If the proposed brewpub or distillery exhibits more than one of the above characteristics upon submission of the SUP application, only one SUP will be required for the approval and operation of multiple functions under i through vii above. If, after approval of the SUP, one or more of the functions or characteristics ceases, it will not automatically invalidate other functions approved under the SUP or the SUP itself; however, additional SUP approval may be necessary to reestablish a function or characteristic once it has ceased.
[DOWNTOWN STUDY AREA - EXHIBIT A]
Article 30: Definitions
Brewpub: An establishment regulated, licensed and/or permitted by the Texas Alcoholic Beverage Commission which contains a brewery producing liquor or beer and which offers its product for on-site sale and consumption in the same facility or structure as the brewery and which may or may not serve food in the same facility or structure as the brewery. This definition may also include a restaurant within the same area or district in which a brewpub is allowed, which brews liquor or beer on-site and serves the liquor or beer for on-site consumption in the same facility or structure, and where gross receipts of alcoholic beverages do not exceed 50% of gross receipts. (Reference Article 11, “Performance Standards”)
Distillery (with on-premise sales and/or consumption): See “Brewpub”
SECTION 2
Article 4 “Permissible Uses”, Article 11 “Performance Standards”, and Article 30 “Definitions” of the Unified Development Code, City of Grand Prairie, Texas, not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 23rd DAY OF JANUARY, 2018.
ORDINANCE NO. 10424-2018
CASE NO. TA180101