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Regulation Regulation

Regulation - PowerPoint Presentation

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Regulation - PPT Presentation

of Wineries Distilleries and Breweries Presented by Christian Samples John Van Dyke Presentation Overview The goal of our presentation is to Provide information of existing winery distillery and brewery ordinances in ID: 475056

counties winery agencies regulation winery counties regulation agencies ordinances primary information ancillary external idaho accessory regulations scale health specific

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Presentation Transcript

Slide1

Regulation of Wineries, Distilleries, and Breweries

Presented by:

Christian Samples

John Van DykeSlide2

Presentation Overview

The goal of our presentation is to:

Provide

information of existing winery, distillery, and brewery ordinances in

Idaho countiesDiscuss regulation from the standpoint of external agencies, such as highway and health districtsRelay regulation from the perspective of local businessesMake recommendations for the creation, implementation, and revision of ordinancesSlide3

What we’ve done

Review of all 44 county ordinances in Idaho Inquired of other regulatory agencies, such as highway districts, fire districts, and Southwest District Health

Department

Spoke with local businesses surrounding their experiences with zoning and other regulatory agencies and their impacts to development

Reached out to several counties in Idaho and neighboring states for informationSlide4

Map of County Governments Surveyed

More than 20 counties surveyed; slightly less than half responded

5 questions

4 states

Questions surrounded:Desired changes in ordinanceAccessory/Ancillary Uses and Ordinance RequirementsIndustry shifts over timeSlide5

Before we begin…

Primary uses: Winery, Distillery, or BreweryAccessory uses:

A use that is subordinate to the primary use

“While we’re doing this, why not do that too?”

E.g. tasting room, special events center, bed and breakfastAncillary uses:A use that supports the primary use“Ultimately, I need that to happen in order to do this”E.g. bottle manufacturing, viticulture, parking, alcoholismSlide6

A Changing Industry

Shift to direct-to-consumer salesIncreasingly competitive market requires alternative approach to gain traction

Creates need for revenue diversification

Shift to multi-use facilities

Larger wineries are becoming more like events centers that happen to make wine Accessory uses becoming more dominant than primary useSlide7

Existing winery, distillery, and brewery ordinances in Idaho countiesSlide8

Rural Breweries and Distilleries

Most counties lack regulations for these usesBreweryOut of 44 counties, 3 have detailed regulations

Ada, Fremont, and Nez Perce

Distillery

Only 2 have detailed regulationsAda and FremontUrban-centric uses?Slide9

Some Counties Are Drunk with Winery Regulations

Considered counties with winery listed on a use schedule, having a definition, and specific use standards

Use schedule contained winery as a separate use

Definition clearly defines winery

Use standards found regulate: Multi-Use Nature of FacilitiesProximity BuffersScope and ScaleSlide10

Some Counties Are Tipsy with Winery Ordinances

Counties that at minimum have winery on their use schedule, but:

may or may not define winery,

or have specific use regulations

Definition may have use standards tucked inLack of associated accessory or ancillary usesSlide11

But Most Idaho Counties Are Dry and Lack Specific Winery Regulations

Winery is not defined, is not on a use schedule, and has no use standards

Is lack of regulation associated with climate? Politics?

Where wineries are possible, does a lack of regulation helpful or harmful?

Can compatibility issues be mitigated in the absence of regulation?Slide12

Consistency vs. Flexibility

Detailed regulations provide for consistent development and mitigate compatibility issues, but do not provide decision-makers ability to accommodate scope and scale of projectMinimal or no regulations gives decision-makers flexibility to accommodate multiple land use situations but could invite politics and inconsistency into decision-making processSlide13

Regulation from the Standpoint of

External AgenciesSlide14

Highway District Concerns

Traffic impactsSpecial events create temporary overcrowdingFreightEmployees

Parking issues

When insufficient parking is available, vehicles are forced onto public roads

Access Point IssuesPaved ApronsAccess Point Width and SpacingSlide15

Health Department Concerns

Water supplyThresholds will Determine Need for Commercial Water SystemE.g. Number of People in 60-day period

Waste water flows

Domestic versus Non-Domestic

Based on Chemical ValuesFood servicesBreadth of Services May Require Additional LicensureSlide16

Other Concerns

Information sharing is crucialLetter of Intent vs. Entitlement GrantedUse CreepNew Building Permit

Communication between all parties

Pre-app meetings

Understanding External Agency Processes and RequirementsSlide17

Regulation from the Perspective of

Local BusinessesSlide18

Business Feedback

Local land use regulation is not necessarily burdensome by itself…

11 different governmental organizations oversee operations

Tax and Trade Bureau

Idaho Alcohol Beverage Control

Idaho State Tax Commission

IRS

Health Department/FDA

DEQ

Highway DistrictsSlide19

Business Wish List

Wineries should simply be an allowed useWine tasting and limited retail should be allowed without any additional requirementsPromote Development Along Wine Corridor

Create ordinances that encourage

agri

-tourism uses such as:“farm to fork” dining Additional bed and breakfast establishmentsU-pick food operationsSlide20

RecommendationsSlide21

Have Specific Goals in Mind

What are you trying to accomplish (health and safety, aesthetics) Start with “why”Proactive vs. reactive planning

Don’t make an ordinance a solution looking for a problemSlide22

But Understand the Ordinance Will Evolve

Over time, industry requirements change, necessitating different accessory/ancillary uses which may need to be addressed via ordinance amendments

Something may be missed,

or possibly over regulation may occur Slide23

Codifying Accessory/Ancillary Uses Differently than Primary Uses

Accessory/Ancillary use may require additional attention so as to not take away from the primary use Tasting rooms allowed in Agricultural zone

Require conditional use permit in AR zone

Not allowed in industrial zone

Fremont County Does Something Similar Context is everything Accomplished by zone, acreage requirements, square footage limitations, etc. Slide24

Connecting Scope with Scale

Limitations on scope may be required in order to prevent unintentional outcomes related to developmentExample: one-acre vineyard with 5-bedroom bed and breakfast, holding weddings with up to 100 guests

Different standards for different levels

Slide25

External agencies are your friends

Craft ordinances and conditions of approval keeping external agency requirements in mindCommunication between counties and agencies importantEncourage applicants to contact agencies early

Don’t be afraid to contact agencies on behalf of an applicant (hint: we speak a very similar language)Slide26

Communication can reduce confusion

Providing information that easily explains:Definition of UseWhere use is allowed

Scope/Scale Special Requirements

How to traverse the process

Agency Contact InformationSlide27

Don’t forget about public involvement

Involve the public as early as possibleStakeholder feedback can paint a picture of an industry you may not get from Google or a site visit

Continue public involvement after ordinances are adopted (hint: feedback is important)

Document the process so it can be revisited with stakeholders in the future

Concerns, policies, procedures change over timeDocumentation makes reevaluation easierSlide28

Each is Jurisdiction is UniqueDetermining scope and scale should take jurisdiction’s unique attributes into

accountConsistent regulation vs. flexible decision makingPoliticsPublic OpinionSlide29

Cheers and Thank you!

Presented by:Christian Samples, Planner

John Van Dyke, Planner