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Department of Community Development
Reference: Something Brewery Conditional Use Permit
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Aaron Clark, Assistant City Planner
Date Prepared: June 25, 2015
PURPOSE
Per Section 17-8-60 of the City of Brighton’s Land Use and Development Code, an application for a Conditional Use must be presented before the City Council at a Public Hearing along with a Resolution approving, approving with conditions or denying the conditional use application.
BACKGROUND
Something Brewery, LLC, wishes to open a tavern with an accessory nanobrewery use at 117 N. Main Street, Unit A. The property located at 117 N. Main Street is zoned DT (Downtown). In the DT zone, a “tavern” is considered a conditional use.
The proposed hours of operation for Something Brewery are Tuesday through Thursday, 2:00PM-10:00PM, Friday and Saturday 2:00PM-11:00PM, and Sunday 1:00PM-8:30PM. The tavern will be closed on Mondays. The tavern would have a capacity of 44 customers. At the beginning, only the three owners will work at the site, with the potential for additional employees to be hired in the future.
COMPREHENSIVE LAND USE PLAN
In the Comprehensive Plan, the property at 117 N. Main is designated as “Town Center,” which includes a range of retail, service, and office uses and “should be located adjacent to arterial roads and/or major intersections.”
STAFF ANALYSIS
The property is zoned DT (Downtown), so a Conditional Use hearing is required for this application. The Land Use and Development Code describes a “Tavern, Cocktail Lounge or Bar” as an establishment serving alcoholic drinks for on-premises consumption only. This use also includes a “nanobrewery” as an accessory use.
Typically, a “microbrewery” has a production size of 15,000 beer barrels a year; although there is not an official definition, a “nanobrewery” is commonly thought to produce no more than three barrels of beer in one batch, and no more than 2,000 barrels annually. Sandwiches and other snacks must also be available according to the Liquor Code. Operation of this facility as a tavern with an accessory nanobrewery is in keeping with the Comprehensive Plan designation of “Town Center,” and is harmonious with other uses in the downtown area. The proposed tavern will require a liquor license in order to operate.
DRC REVIEW
The Development Review Committee (DRC) and referral agencies have reviewed the Conditional Use and all comments have been resolved.
PUBLIC INQUIRY
A notice of the public hearing was mailed to property owners within 300’ of the subject property, published in the Brighton Standard Blade, and posted on the property, for no less than fifteen (15) days prior to the date of the public hearing. Staff has not received any public comment in regards to this project, as of the date that this report was written.
STAFF RECOMMENDATION
Staff finds the Conditional Use application to be in conformance with the Comprehensive Plan, and with the requirements for a Conditional Use submittal as described in the Land Use and Development Code; therefore, a draft resolution approving the Conditional Use has been attached for Council’s consideration. One condition has been recommended on the land use proposal.
a. Approval of this conditional use application shall not run with the land and is limited to the operation of a tavern (the Something Brewery) and a ‘nanobrewery’ as an accessory use by Something Brewery, LLC in the existing building at 117 North Main, Unit A.
b. Something Brewery, LLC, must obtain the proper liquor license for operation of a tavern and a ‘nanobrewery’ from the Brighton Local Liquor Licensing Authority before sale of alcohol will be permitted at the location.
c. Something Brewery, LLC, is permitted to operate a “nanobrewery” or very small brewery operation that produces no more than 2,000 barrels annually as an accessory use to the tavern at 117 N. Main Street, Unit A.
d. All equipment and operations related to the brewing process for the “nanobrewery,” shall be located and take place entirely within the inside of the building at 117N. Main Street, Unit A.
e. Something Brewery, LLC, shall obtain all necessary licenses and permits and meet all applicable federal, state, and local laws, regulations and policies at all times.
OPTIONS FOR COUNCIL’S CONSIDERATION
• Approve the request for a Conditional Use in whole or in part, with or without modifications and/or conditions.
• Continue the request for a Conditional Use.
• Deny the request for a Conditional Use (with specific findings in support thereof).
ATTACHMENTS
• Vicinity Map
• Draft Resolution with Conditions
• Applicant Questionnaire Responses