Bill 34-17, Brewery in ML/MH
Sponsor: Quirk
Benefitted: Diageo - Guinness, 5001 Washington Blvd
This bill has a number of silly or just plain wrong provisions. It continues the bad habit of this Council of passing inappropriate legislation.
- Allowing a use based on a tract having a "combination of zones" is wrong. This is not how zoning is supposed to work. The uses allowed on each individual sq ft or inch of ground is supposed to be based on the zoning designation (as enhanced or limited by the "District" designation) of that sq ft or inch, and nothing else. (Also, see below.)
- A restriction based on distance from an "Interstate r/w" is ridiculous. The only thing that would make any sense at all would be distance from an entrance/exit. (For example, see BCZR §1A01.2.B.12 allowing an Equestrian center if within 2 miles "from an interchange with an interstate expressway".)
- It certainly is not right allow live music, outdoors, anywhere on the tract, regardless of nearby residential uses.
- The requirement to be on a "state road" is not sufficient. What is important is the Classification of the road. It should be a Principal Arterial. (For example, see BCZR §210.2.B which requires a road classification "of at least an arterial" for an SE zone or BCZR §432A.1.A allowing an assisted-living facility Class II if on principal arterial street.)
Note, according to BCZR §253.1 and §256.1, a Class 5B brewery is already allowed by right in ML and MH (if within URDL), but requires a 100 or 150 ft setback, respectively, from residential. A Class 5A brewery is allowed in MH (inside the URDL), but must be at least 300 ft from any residential zone and 200 ft from a business zone. While one might argue that these setbacks still apply to actual "brewery" buildings, this bill clearly eliminates any setback for "accessory or auxiliary" uses, which includes "offices, gift shop, game room, tap room, tavern, and live music".
In this case, Diageo owns two parcels of 16 + 62 acres. The main building is about 2000 ft from the Interstate. The property is adjacent to I-895.
Introduced June 5, 2017; passed July 3; effective July 17, 2017
|