Body
Department of
Reference: Main Bar & Karaoke Conditional Use
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Cathy Sexton, Associate City Planner
Date Prepared: August 13, 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
The applicant, Gerardo Rodriguez, with Main Bar & Karaoke, LLC, wishes to open a tavern within the existing building at 20 N. Main Street. The property located at 20 N. Main Street is zoned DT (Downtown). In the DT zone, a “tavern, cocktail lounge, or bar” is considered a conditional use. Parking for this building is provided by public parking along Main Street and Cabbage Street.
The proposed hours of operation for Main Bar & Karaoke are Wednesday through Sunday, 4:00 p.m. - 1:30 a.m. for customers and 4:00 p.m. - 2:00 a.m. for employees. The bar will be closed on Mondays and Tuesdays. The owners expect that there will be approximately 20-60 people in the building at one time and anticipate having three employees with the potential to hire more in the future.
DRC REVIEW
The Development Review Committee (DRC) has reviewed the Conditional Use application. According to a floor plan provided by the applicant, the Building Division determined that a fire suppression system would not be required; however, if the design is modified, then the occupancy may change, along with the fire suppression system requirements. The requirement to comply with all applicable codes is included in the conditions.
COMPREHENSIVE LAND USE PLAN
Figure 4: Future Land Use Plan in the Comprehensive Plan, shows the property at 20 N. Main being 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.”
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
The Land Use and Development Code related to conditional uses:
1. Complies with the requirements of these regulations and with the Zone District in which it is to be located;
2. Provides consistency with the purpose and intent of these regulations;
3. Provides compatibility with surrounding areas, is harmonious with the character of the neighborhood, is not detrimental to the future development of the area, and is not detrimental for the health, safety, or welfare of the inhabitants of the city;
4. Follows the intent of the Comprehensive Land Use Plan in providing for the future of the city; and
5. Requires restrictions of conditions upon approval. The following should be considered in the decision in addition to any other criteria deemed relevant to the particular use requested:
a. Hours of operation
b. Street and road capacity
c. Off-street parking
d. Fencing, screening, and landscaping
e. Building bulk, height, setbacks, location, and external appearance
f. Usable open space
g. Signs and lighting
h. Noise, vibration, air pollution, or similar environmental considerations
STAFF ANALYSIS
As summarized below, staff finds that the proposed Conditional Use application is in compliance with the Conditional Use Criteria as listed above.
The property is zoned DT (Downtown), therefore, 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. The proposed tavern is compatible with the surrounding area as there are no adjacent residential uses and this type of use is typically established within the downtown area, with bars such as Jerry’s Bar and Grill and Jordinelli’s currently operating on North Main Street, and the Something Brewery, also on North Main Street, being recently approved.
Operation of this facility as a tavern is in compliance with the Comprehensive Plan designation of “Town Center,” as it is harmonious with other uses in the downtown area and adds to the range of services provided in the areas designated as “Town Center.”
The listed criteria were considered and analyzed as follows:
1. Hours of operation- The applicant is proposing hours of operation as 4 p.m. to 2 a.m. which is consistent with the proposed use and does not conflict with adjacent uses. The hours of operation for a liquor establishment are regulated by the Liquor Code.
2. Street and road capacity- There are existing streets that provide access to downtown.
3. Off-street parking- Many buildings within the downtown, including 20 N. Main St, have little to no parking on site; however, there is public parking provided near the Property on Main Street and Cabbage Street.
4. Fencing, screening, and landscaping- This property is located in downtown and 0’ setbacks are allowed within this zone district. The existing building covers most of the lot, therefore, there is no room for landscaping on the site.
5. Building bulk, height, setbacks, location, and external appearance- The property owner enhanced the appearance of the existing building by previously participating in the Downtown Façade Program.
6. Usable open space- This property is located in the downtown area and 0’ setbacks are allowed within this zone district. The existing building covers most of the lot, therefore, there is no room for open space on the site.
7. Signs and lighting- One of the recommended conditions is that Main Bar & Karaoke complies with all applicable city codes, which includes the sign code.
8. Noise, vibration, air pollution, or similar environmental considerations- The proposed use includes music and karaoke which creates noise, therefore, one of the recommended conditions is that Main Bar & Karaoke must comply with the City’s noise ordinance at all times.
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, with the following conditions:
1. Approval of this conditional use application shall not run with the land and is limited to the operation of a tavern (Main Bar & Karaoke) by Main Bar & Karaoke, LLC in the existing building at 20 North Main St.
2. Main Bar & Karaoke, LLC must obtain the proper liquor license for operation of a tavern from the Brighton Local Liquor Licensing Authority before sale of alcohol will be permitted at the location.
3. Main Bar & Karaoke, LLC shall be in compliance with the City’s noise ordinance at all times.
4. The pocket park at the rear of the building may not be used as a designated smoking area for the business.
5. Prior to the commencement of the use of the Property as a tavern, the building shall be in conformance with all Building Codes, Fire Codes and all other applicable City, State, and Federal codes and regulations, and shall receive approval of a modification of premises from the Local Liquor Licensing Authority, if required.
6. Main Bar & Karaoke, 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