Planning Commission Agenda and Packet 2012 08 09

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Planning Commission Staff Report August 9, 2012 locations. Limited wholesale sales are allowed as a special review use in the CC zone district. As limited wholesale sales are defined in Section 17.08.262 of the Louisville Municipal Code (LMC), the wholesale activities must be secondary to the retail activities. To ensure this requirement is met, staff recommends limiting the volume of beer sold wholesale (in gallons) to less than the volume of beer sold at retail. The Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) requires all breweries to maintain records accounting for all beer produced. While staff does not intend to actively monitor the TTB records, they will be available should staff ever receive a complaint or have reason to believe the applicant is selling more beer at wholesale than at retail. There are also concerns about the impact the delivery trucks necessary for wholesale sales will have on traffic and the neighborhood. In response, the applicant has suggested limits on when and how loading and unloading of delivery trucks may take place, to be recorded on the plan sheet (attachment 4): The applicant will be limited to a maximum of three trucks, each no more than approximately 20 feet in length and less than 26,000 pounds gross vehicle weight such that none requires a commercial driver’s license to operate. Loading and unloading will take place between the hours of 7 am and 7 pm only. (The typo on the plan sheet regarding loading and unloading will be corrected to read 7 am to 7pm.) Each truck will be loaded and unloaded no more than once per day. Items to be loaded are limited to five gallon kegs, half-barrel (15.5 gallon) standard kegs, and cases of canned or bottled beer. Staff has determined these limitations are sufficient to ensure compatibility with the neighborhood and satisfy the SRU criteria of LMC Section 17.40.100. Trucks of this size and weight will not unduly disrupt traffic, and the loading and unloading will take place at the back of the building where it will not affect circulation. The hours are reasonable, considering construction is allowed between 7 am and 8 pm, and loading and unloading will produce far less noise and disruption than construction. Limiting the number of deliveries ensures there is not excessive truck traffic, and limiting the types of goods ensures there will not be heavy equipment needed to load or unload. The proposed limited wholesale use will allow a business to locate and operate in the City that will generate sales tax revenue and complement its surroundings. The proposed site is part of the Pine Street Plaza development containing other businesses that require heavy delivery trucks, such as Mountain High Appliance. The Gravity Brewing delivery trucks will not seem out of place or change the character of the development. 3