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
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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