CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA
January 18, 2011
Action Required: Initiation of Zoning Text Review Presenter:
James E. Tolbert, AICP, Director of NDS
James E. Tolbert, AICP, Director of NDS
Background: Over the last several months we have been working to get a handle on all of the restaurants in the City to determine which have been in compliance with the rules and which are not. All of these started as restaurants but have added music over time. At this time, it seems as though we have quite a few in non-compliance with zoning. Some of these need to apply for a Special Use Permit (Category F), while several are not legal and are not eligible for a Special Use Permit (Category G, H). We have had numerous complaints related to noise, overcrowding and parking and this will give us a chance to put restrictions on those where problems have occurred through the Special Use Permit or Provisional Use process. For those in noncompliance, it will mean that they get a letter to cease operations. Discussion: You might be concerned about why these have been operating and we are just informing them. That is a good question. All of these establishments have operated as either just a restaurant, a bookstore, or even a garage prior to adding live music. For several months, since the passage of the new zoning ordinance section that better defines these, our staff has been working to determine which venues are operating in which manner. The Resolution before you will initiate study of a zoning text amendment that will enable us to better address this issue. We do not believe it is the goal of anyone to put these establishments out of business. What we do need is a way to make sure they do City Council Agenda Memo RE: Restaurant/Music Halls
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not negatively impact their neighbors. Budgetary Impact: None, though when this item comes forward for ordinance approval, we will bring a recommendation for a fee for Provision Use Permits. Recommendation: Staff recommends approval of the attached resolution which initiates study of the following zoning sections: 34-480, 34-796, 34-156-184, 341170-1174, and 34-1200. Attachment: Resolution
City Council Agenda Memo RE: Restaurant/Music Halls
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Restaurant and Restaurant/Music Hall Categories
Restaurant with no known music at this time Letter – i.d. what they are Give rules for future
Restaurants with incidental music – Acoustic/piano – during dinner Letter – i.d. what they are Rules for future
Restaurant/Music Hall with SUP to Operate Letter – Confirm with rules
Restaurant/Music Hall grandfathered due to establishment prior to 2003 when code changed Letter – Confirm with rules
Restaurant/Music Hall – non-conforming due to establishment prior to 2003 but not legal at location now by any means Letter to confirm with rules
Restaurants operating as Restaurant/Music Hall with no SUP but eligible to obtain one. Letter – Until March 1 to apply
Establishments who have started having live music with no permits and no ability to get permits Letter to cease operations
Restaurants with music where it is not possible to obtain an SUP due to zoning. Letter – confirm and send rules
Fry’s Spring Beach Club
Can do member/private parties but not commercial ticket purchase events.
Restaurants/Music Halls Zoning Trade Name
The Southern Café and Music Hall The Boat House Hamilton’s At First and Main Boylan Heights Millmont Grille Ni Hao Café Sakura Sushi & Noodles South Street Brewery Marco and Luca Dumpling Store Fleurie Restaurant The Box Miller’s L7 Jefferson Theater Cheeseburger of Charlottesville LLC Tara Thai LaJoya Mexican Restaurant Ventana Blue Light Grill and Raw Bar Ten 12th Street Taphouse Lord Hardwicke’s Savour Restaurant Baja Bean Co. Restaurant Y Cantina St. Maarten Café Maxwell Eats Trinity Irish Pub College Inn Three The Virginian Restaurant Beer Run The Biltmore Milan Indian Cuisine Para Coffee Damon’s Grill Clubhouse Buffalo Wild Wings Grill & Bar Fellini’s #9
101 & 103 South First Street 101 Seminole Court 101 W. Main Street 102 14th Street 1035 Millmont Street 104 14th Street, NW Suite 8 104 14th Street Mall #G 106 South Street 107 Elliewood Avenue 108 3rd Street NE 109 2nd Street, SE 109 West Main Street 11 Elliewood Avenue 110 East Main Street 1101 Seminole Trail 1107 Emmet St., N #F 1143 5th Street, SW 117 5th Street, SE 120 East Main Street 120 Main Street E, #B 1202 W. Main St. 1248 N. Emmet St. 1250 Emmet St., N 1327 West Main St. 1400 Wertland St. 1427 University Avenue 1505 University Ave. 1511 University Ave. 1517 University Ave. 1521 University Ave. 156 Carlton Road #203 16 Elliewood Ave. 1817 Emmet Street 19 Elliewood Avenue 1901 N. Emmet St. 1935 Arlington Blvd. 200 West Market St.
C A B F A A A D A A F D F C In Review A A Vacant A A F A A D A A A A D A G D A F A D D
Restaurants/Music Halls WS
Mono Loco Szechuan Restaurant Zocalo Petit Pois The Downtown Grille The Aberdeen Barn El Puerto Mexican Restaurant Brother’s Bar Grill LLC Fry’s Station Pizza Golden Dragon Lady Restaurant Sips Bang Mudhouse Downtown LLC Paramount Theater of Charlottesville, Inc. Tokyo Rose LLC Taiwan Garden LLC Camino Visulite Vinegar Hill LLC Durty Nelly Pud & The Wayside Deli Guadalajara La Guadalupana 2 Sides Restaurant Aqui Es Mexico Korean House Restaurant Thai ’99 Restaurant Brookville Restaurant Escafe Mykonos Café Omni Charlottesville Hotel The Shebeen Restaurant Fry’s Spring Beach Club Inc. Rapture The X Lounge Panda Garden Carmellos Ristorante Italiano Enoteca LaTaza Coffee House Calvino Café LLC Tea Bazaar
200 West Water St. 2006 Holiday Drive 201 East Main St. 201 East Main St. #1 201 West Main St. 2018 Holiday Drive 2045 Barracks Road 2104 Angus Road 2115 Jefferson Park Ave. 2119 Ivy Road 212 East Main St. 213 2nd Street, SW 213 West Main St. 215 E. Main St. 2171 Ivy Road #13 2171 IVY Road #9 220 W. Market St. 220 W. Market St. 2200 Jefferson Park Ave. 2206 Fontaine Ave. 221 Carlton Road. Ste. 15 221 Carlton Road #10 221 Carlton Road #12 221 Carlton Rd. #8 2210 Fontaine Ave. 225 W. Main St. 227 W. Main St. 232 Zan Rd. 235 W. Main St. 247 Ridge McIntire 2512 Jefferson Park Ave. 303 E. Main St. 313 2nd Street, SE #100 380 Emmet St. 400 N. Emmet St. 401 East Main St. 407 Monticello Rd., #B 408 W. Main St. 414 E. Main St.
F A A A A B A A A A F F D C A A F A E A A E A A A A D A A D D F A A F H A F
Restaurants/Music Halls WMS
CC WMN MR
Zinc Court Square Tavern & Monticello Rm The Melting Pot Mas Tapas Bashirs Gourmet Takeout Blue Moon Diner LLC C & O Restaurant Himalayan Fusion Asia Specialty Club 216 House & Hound Gastropub Maya Restaurant Guadalajara Mexican Restaurant Continental Divide The Tea Room Café at Starr Hill Wild Wing Café The Local Restaurant Tavola Coupe DeVille’s Deuces Lounge Café 88 Ristorante Al Dente Al Hamraa McGrady’s Irish Pub Random Rowe Books The Garage C’ville Coffee
410 W. Main St. 500 Court Square #305 501 East Water St. 501 Monticello Rd. – 503 507 East Main St. 512 West Main 515 East Water Street 520 W. Main St. 609 E. Market St. #101 609 E. Market St. Ste. 112 625 Main St., West 633 West Main St. 805 West Market St. 811 W. Main St. 817 W. Main St. 820 W. Main St. 824 Hinton Ave. 826 Hinton Ave. #A 9 Elliewood Ave 917 Preston Ave. #B-#C 923 Preston Ave. #G 925 2nd St. SE 929 2nd St. SE 946 Grady Ave. #16
F A A H B F (outside) D A A C F F A A A D H A D D A A In Review F F G G
RESOLUTION TO INITIATE ZONING TEXT AMENDMENTS TO CONTROL IMPACT OF RESTAURANTS AND MUSIC HALLS ON NEIGHBORING BUSINESSES AND RESIDENCES.
WHEREAS, the City Council of the City of Charlottesville believes that changes to the City Code, Chapter 34 (Zoning) may become necessary to create additional regulatory controls over restaurants and music halls; and WHEREAS, this Council finds and determines that the public necessity, convenience, general welfare, and good zoning practice require the initiation of a study of certain amendments to Sections 34-156 to 34-184 (Special Use and Provisional Use Permits), Section 34-480 (Commercial Use Matrix), Section 34-796 (Mixed Use Matrix), Sections 34-1170 to 34-1174 (Standards for Provisional Uses), and Section 34-1200 (Definitions), of Chapter 34 (Zoning) of the Charlottesville City Code, 1990, as amended; now, therefore, BE IT RESOLVED by the City Council of the City of Charlottesville that the Planning Commission is hereby directed to study proposed amendment(s) to the above-listed sections of Chapter 34 of the Charlottesville City Code, 1990 as amended, for additional regulatory control over restaurants and music halls; and BE IT FURTHER RESOLVED that the Planning Commission will submit its findings and recommendations to the City Council no later than 100 days from the date of this Resolution.