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Department of Community Development
Reference: Moonshine Bar, Conditional Use Permit
To: Mayor Richard N. McLean and Members of City Council
Through: Holly Prather, AICP, Community Development Director
Marv Falconburg, AICP, Assistant City Manager of Development
Clint Blackhurst, Acting City Manager
Prepared By: Andrew Baker, Assistant City Planner
Date Prepared: April 25, 2017
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
Moonshine Bar, LLC, wishes to operate a tavern at a property addressed as 119 N. Main Street. The property has recently been renovated and a historic designation is pending; prior to renovation, the building was unused. The property is zoned DT (Downtown). In the DT zone, a “tavern” is considered a conditional use.
The proposed hours of operation for Moonshine Bar are 10:00AM to 2:00AM, seven days a week. Typically, three employees will be on site at a time.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Comprehensive Plan:
In the Comprehensive Plan, the property at 119 N. Main St. is designated as “Downtown,” which is intended for “retail, cultural, educational, entertainment, civic, and medium- and high-density housing diversity, with a range of choices in things to do and see, drawing people throughout the day and evening.” Operation of this facility as a tavern is in keeping with the Comprehensive Plan designation of “Downtown,” and is harmonious with other uses in the area.
Land Use and Development Code:
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” as an establishment that offers “sale of alcoholic liquors by the drink for on-premises consumption only.” Operation of this facility as a tavern is in keeping with conditional uses for the DT zone in the Land Use and Development Code.
PUBLIC NOTICE/INQUIRY
Notice of the City Council public hearing was posted on the Property on April 28th, 2017, mailed to property owners within 300’ of the Property on April 28th, 2017, and published in the Brighton Standard Blade on April 26th, 2017. All for no less than 15 days prior to the public hearing. There have been no formal comments received by staff as of the date of the drafting of this report.
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. The following conditions have been recommended for approval:
1) Approval of this conditional use application shall not run with the land and is limited to the operation of a tavern by Moonshine Bar, LLC, at the existing building, addressed as 119 N. Main Street, Brighton, Colorado, as more particularly described in Exhibit A, attached hereto (the “Premises”).
2) Moonshine Bar, 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 on the Premises.
3) Operation of the tavern by Moonshine Bar, LLC, shall be in compliance with the City’s noise ordinance at all times.
4) Moonshine Bar, LLC, shall obtain and keep current all necessary licenses and permits and meet all applicable federal, state, and local laws, regulations, licenses and policies at all times.
5) Moonshine Bar, LLC, shall construct (and maintain) a trash enclosure on the Premises before a business license for the tavern will be issued by the City.
OPTIONS FOR COUNCIL 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
• City Council Resolution (Draft with exhibits)
• Vicinity Map
