John Scarffe, Black Hawk. The Black Hawk City Council approved the Site Development plan and parking and height variances for the Rick Thomas Distillery on Lot 7 of the Black Hawk Park Subdivision during a regular online meeting on April 14, 2021, at 3 p.m. The Council also approved an ordinance requiring all City water customers to have sewer service from the Black Hawk – Central City Sanitation District and the purchase of a 2.1-acre miner’s claim and discussed adopting the 2020 Model Traffic Code. 

Vincent Harris with Baseline Corporation introduced a resolution approving the Site Development Plan and Certificate of Architectural Compatibility for the Rick Thomas Distillery on Lot 7 of the Black Hawk Park Subdivision and resolutions approving a parking variance to allow a reduction of the required parking spaces from 50 parking spaces to 33 parking spaces and a building height variance to allow a height of 33 feet.

Scott Moore of Dalkita Inc, and Brian Watts, developer, have applied for the review and approval of the Site Development Plan and Certificate of Architectural Compatibility for the Rick Thomas Distillery proposed at 830 Miners Mesa Road. The proposed development includes a distillery, tasting room and barrel storage warehouse.

The proposed distillery building is 7,157 square feet of which 4,146 square feet is planned for the distillery operation and 3,011 square feet is planned for a tasting room that will be open to the public. The proposed development also includes three exterior 33-feet tall grain silos, a 4,800 square foot barrel storage warehouse, paved parking and unpaved overflow parking. 

The height of the silos and the quantity of parking as proposed will both need variances to allow the proposed development plan. The applicant has applied for both variances with the application.

The property is zoned Commercial/Business Services (C/BS). Per Ordinance 2020-13, approved on May 27, 2020, a distillery is a permitted principal use in the C/BS zone district. The proposed development meets the dimensional regulations of the C/BS zone district in regards to lot area, lot width, setbacks, and maximum impervious area. 

The height of the distillery building and barrel storage warehouse, 27 feet and 21 feet, meet the maximum height regulation of 27 feet in the C/BS zone district. The height of the proposed silos exceeds the 27-feet maximum height regulation, and the applicant requests approval of a height variance. 

Off street parking is calculated by use type on a lot in the Black Hawk zoning regulations. The Black Hawk Municipal Code does not list ‘distillery’ in the parking calculation table, therefore other similar uses were used to determine parking requirements for this proposal.

When other similar uses are used to calculate the required parking, a total of 50 spaces are determined to be required. 

Research from five different distilleries in other communities or cities resulted in an average of one parking space for every 1,153 square feet of distillery. The request is to allow the reduction of required parking spaces by 17 from 50 to 33 and to allow the increase of the height of three silos by 6 feet from 27 feet to 33 feet. 

Staff recommended approval of the Site Development plan and the two variances with conditions. Harris said they contemplate amending the zoning codes for parking at distilleries and breweries because the City’s parking regulations are set up for higher density areas, and the City should look at height codes. 

Brian Watts said they will be making a classic Scottish style whiskey, and they are glad to be the first distillery in Black Hawk. He went to Colorado State University to research brewing and also went to Scotland to research whiskey. He thought about doing this on their own and thought Black Hawk had some strategic advantages. 

He hired an architect and approached the Mayor one year ago about coming to Black Hawk. “We think it will be a complement to the gaming district,” he said. They plan to produce vodka and gin in addition to single malt whiskey. The products will be labeled as made in Black Hawk and highlight the elevation. 

The building that stood out as an example for construction was the old iron works building, which gave them the starting point, Watts said. They could have vodka available within six months of opening labeled with the 1859 line but it will take two years to produce the single malt whiskey, which will be the anchor of the business. 

They will have two stills that are brought from Scotland right in the middle of the building, and all grains will come from Colorado. Both the elevation and the big temperature swings will allow them to produce a good product and they plan to distribute within 100 miles. 

Mayor Spellman pointed out that they have accomplished all this in one year, and they could start work in the next 30 to 45 days. The Council approved the Site Development Plan and the two variances, and applauded the new developments.

The Council approved an ordinance requiring all City water customers to have sewer service from the Black Hawk – Central City Sanitation District. City Attorney Corey Hoffmann said that, if adopted, the ordinance would do what the title says and not allow people to be on a septic system. 

The Council approved the purchase of the northern portion of the Dale #13338 Mining Claim consisting of about 2.1 acres for an amount not to exceed $55,000 to accommodate the construction of a road linking Lake Gulch Road to Miner’s Mesa Road. The City entered into an agreement with Proximo Spirits LLC., to improve Lake Gulch Road, add a roundabout and construct a road from the Lake Gulch Road roundabout to the Miner’s Mesa Road extension. 

The City agreed to acquire the property needed for the construction of the road. As a result, the City contacted the Dale #13338 Mining Claim owners, who agreed to sell about 2.1 acres for $48,175. 

The City Manager requested the City Council approve an expenditure not to exceed $55,000 to ensure sufficient funding pending final verification of the acreage. The current owners will retain the mineral rights for the property conveyed to the City.

Police Chief Michelle Moriarty introduced an ordinance adopting the 2020 Model Traffic Code. Staff recommended that Council accept the introduction of the adopting ordinance and schedule the adoption of the ordinance at its meeting of May 12, 2021. 

The City utilizes the 2018 Model Traffic Code. The adoption of the 2020 Model Traffic Code will bring the City of Black Hawk’s traffic code in line with the current State traffic laws.

The General Assembly of the State of Colorado has recognized that conflicts between the state’s traffic laws and municipal traffic ordinances lead to inconsistencies in the movement of traffic and has strengthened the requirements for uniformity of traffic regulations. 

The Council approved bringing this back to the May 12, 2021 meeting.

(Originally published in the April 22, 2021, edition of The Mountain-Ear.)