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16383, Staff Report for Unknotted Restaurant Sales of Alcohol for On Premises
Consumption – Conditional Use Permit
Date: City Commission Public Hearing October 17, 2016
Project Description: A Conditional Use Permit (CUP) to allow the sales of alcohol for on-
premise consumption in an existing permitted restaurant at 708 N. Rouse.
Project Location: The property 708 N. Rouse is zoned HMU (Historic Mixed Use - Industrial
Community Plan designation) within the North East Neighborhood Association and
Conservation Overlay District and is legally described as NORTHERN PACIFIC ADD, S06,
T02 S, R06 E, BLOCK 118, Lot 19 - 24, PLUS VACATED COTTONWOOD ST LESS
HWRW, ACRES 1.466, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions.
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 16383 and move to approve the conditional use permit with
conditions and subject to all applicable code provisions.
Report Date: September 30, 2016
Staff Contact: Mayana Rice, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
Application 16383 is for a Conditional Use Permit for Unknotted Restaurant to provide on-
premise alcohol retail and consumption, requested by applicant and owner Nelson Montana
Property, LLC, Ashley Nelson. The applicant proposes to add the sales of alcohol for on-
premise consumption through the issuance of a restaurant beer and wine license to an
existing permitted restaurant. An approved CUP is required for the on-premise consumption
of alcohol in the HMU (Historic Mixed Use) zoning district. The size of the building and
restaurant service area would remain the same.
The Development Review Committee met on September 28, 2016 and recommended
approval with staff conditions.
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Consumption – Conditional Use Permit Page 2 of 13
The public and surrounding landowners were notified on September 29th, 2016 through
letters and signage. No public comment has been received.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - REQUESTED RELAXATIONS / DEVIATIONS / VARIANCES .................. 5
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 6
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 7
Applicable Plan Review Criteria, Section 38.19.100, BMC ............................................... 7
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 10
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ............................... 12
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 12
APPENDIX C - NOTICING AND PUBLIC COMMENT .................................................... 13
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 13
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
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Consumption – Conditional Use Permit Page 3 of 13
SECTION 1 - MAP SERIES
FIGURE 1 - ZONING
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Consumption – Conditional Use Permit Page 4 of 13
FIGURE 2 - FUTURE LAND USE
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Consumption – Conditional Use Permit Page 5 of 13
FIGURE 3 - EXISTING LAND USE
SECTION 2 - REQUESTED RELAXATIONS / DEVIATIONS / VARIANCES
No relaxations/deviations or variances have been requested as part of this application.
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Consumption – Conditional Use Permit Page 6 of 13
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, do not in any way create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. A copy of the Montana Department of Revenue alcohol license for the establishment
must be submitted to the Department of Community Development prior to the sale of
alcoholic beverages.
3. Minutes from the City Commission meeting, approving the City’s licensing of the facility for the retail sale of “beer and wine” per Municipal Code Sec. 4.02.030, must be
submitted to the Department of Community Development prior to the sale of alcoholic
beverages.
4. The applicant, upon submitting the final plan for approval by the Community
Development Director and prior to issuance of a building permit, must submit a written narrative outlining how each of the conditions of approval and code provisions has been
satisfied.
5. An approved CUP is revocable per the provisions established in Bozeman Municipal Code Sections 38.19.110.I and 38.34.160, based on substantial complaints from the
public or from the Police Department regarding violations of the City of Bozeman’s
alcohol policies found in Article 4, including but not limited to open alcohol container
(Sec. 4.04.030), minor in possession of alcohol (Sec. 4.04.010), or any other applicable
law regarding consumption and/or possession of alcohol.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
None have been identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) considered the CUP on Wednesday, September
28, 2016 at 10 a.m. The DRC found the application to be sufficient for review and made a
motion to recommend approval of the CUP with the staff conditions.
The City Commission will consider the proposal at 6 p.m. on October 17, 2016 in a public
hearing in the City Commission room at 121 North Rouse Avenue, Bozeman MT.
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Consumption – Conditional Use Permit Page 7 of 13
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, do not in any way create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
This Future Land Use designation is “Industrial” in the Bozeman Community Plan. No
conflicts exist with the goals and objectives of the Bozeman Community Plan. This is an
existing restaurant; the addition of sale and consumption of alcohol is in compliance as a
permitted use in the HMU zoning district with the approval of a Conditional Use Permit.
For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
The project, if approved, will conform to the Bozeman Municipal Code. There are no known
documented violations of the BMC for this property.
3. Conformance with all other applicable laws, ordinances, and regulations
The plans will be evaluated against the requirements of the International Building Code
(IBC) at the time a building permit application is submitted. Condition of Approval No. 2
addresses coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property
No changes are proposed to the existing site.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
A parking analysis was completed for the entire site with the submittal for the original
restaurant application and the subsequent CUP for the vacation rental. Parking calculations
are based on the intended mixed-use of the building. The calculations are as follows:
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Consumption – Conditional Use Permit Page 8 of 13
Restaurant:
Public serving area = 984 sq. ft / 50 = 19.68 parking spots
Catering retail space = 575 sq. ft / 300 = 1.91 parking spots
Commercial kitchen = 985 sq. ft / 1000 = .98 parking spot
One parking spot per bedroom / four existing bedrooms = four parking spots
Allowable reductions:
Sec. 38.25.040.A.l.a. (1): One parking space for each 24 uninterrupted linear feet of available
street frontage usable for on-street parking directly adjacent to a lot may be deducted from
the total parking spaces required for a development. The number of on-street spaces
calculated shall not exceed the number of dwellings on the lot. The width of drive accesses,
designated non-parking areas, vision triangles, and similar circumstances shall not be
considered to be available for the purpose of on-street parking.
Sec. 38.25.040.A.2.c. (6): Property owners have the option of requesting the reduction of up
to ten percent of the required parking spaces for nonresidential uses if:
In addition to the minimum otherwise required by this chapter, two covered bicycle parking
spaces are provided for each automobile space not provided; and
For each ten or fraction of ten automobile parking stalls reduced, a nonresidential shower,
changing area, and five clothing lockers are provided on-site.
The design provides for one women's and one men's shower, provided with five lockers each,
for a ten percent reduction.
The calculations are in compliance with the parking requirements in the Bozeman Municipal
Code. No additional parking will be required to meet the City’s minimum standards.
6. Pedestrian and vehicular ingress and egress
The site is accessible by both vehicular and pedestrian traffic. Pedestrian and vehicular
ingress and egress comply with code standards.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
Not applicable. No changes to the existing site landscaping are proposed.
8. Open space
Not applicable. No changes to the existing site that would impact open space are proposed.
9. Building location and height
Not applicable. No changes to the existing building are proposed.
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10. Setbacks
Not applicable. No changes to the existing site that relate to setbacks are proposed.
11. Lighting
Not applicable. No new lighting is proposed with this application.
12. Provisions for utilities, including efficient public services and facilities
Not applicable. No changes to the existing site utilities are proposed.
13. Site surface drainage
Not applicable. No changes to the existing site surface drainage are proposed.
14. Loading and unloading areas
Not applicable. No changes to the existing loading or unloading areas are proposed.
15. Grading
Not applicable. No changes to the existing site are proposed.
16. Signage
Not applicable. No changes to the existing signage are proposed.
17. Screening
Not applicable. No changes to the existing site are proposed.
18. Overlay district provisions
The project is located in the North East Neighborhood and within the Neighborhood
Conservation Overlay District, but no changes requiring a Certificate of Appropriateness are
proposed with this CUP application.
19. Other related matters, including relevant comment from affected parties
No public comment was received with regard to this project as of the writing of this report. If
public comment is received prior to the City Commission public hearing, it will be forwarded
to the City Commission members.
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20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming;
or
Are the subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more elements
of the development to become nonconforming
Not applicable.
21. Compliance with Article 43 of Chapter 38 of the Bozeman Municipal Code
Not applicable.
22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The business is within an existing structure that is a mix of uses including restaurant and
vacation rentals. The surrounding businesses along N. Rouse Ave. have created a diverse mix
of restaurants and businesses. The restaurant will be serving alcohol within its interior. The
property is currently located along N. Rouse Ave., which provides pedestrian and vehicular
accessibility to the site through the existing ingress and egress locations. Parking is currently
adequate per the BMC requirements. Improvements to parking on the parcel are currently
being constructed and will provide enhanced parking accessibility.
Staff finds this site is adequate in size and topography to accommodate the proposed use with
the recommended conditions as identified in Section 3.
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Consumption – Conditional Use Permit Page 11 of 13
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
Staff included Condition of Approval No. 7, allowing the City of Bozeman to revoke the right to serve alcohol to patrons based on substantial complaints from the public or from the
Police Department regarding violations of the City of Bozeman’s alcohol policies found in
Article 4, including but not limited to open alcohol container (Sec. 4.04.030), minor in
possession of alcohol (Sec. 4.04.010), or any other applicable law regarding consumption
and/or possession of alcohol. There is adequate parking and pedestrian access, and there are adequate municipal services to accommodate the use.
Staff finds the retail sale and consumption of alcohol will not have any material adverse
effect upon the abutting properties with the recommended conditions as identified in Section
3.
3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include,
but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights, and
n. Other such conditions as will make possible the development of the City in an
orderly and efficient manner.
Please see the recommended conditions (Section 3) and findings (Section 6) within this
report. Several of these are standard conditions of approval that the City has consistently
applied to alcohol-serving establishments and conditional use permits.
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Consumption – Conditional Use Permit Page 12 of 13
F. In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use
permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall
be binding upon the owner of the land, his successors or assigns, shall be consented
to in writing, and shall be recorded as such with the County Clerk and Recorder's
Office by the property owner prior to the issuance of any building permits, final
plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final site plan
process and will be required prior to approval of the final site plan.
The necessary recording of documents must be addressed prior to commencement of the new
use. A document to be recorded will be provided by the City if the application for the CUP is
approved.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned B-2 (Community
Business). The intent and purposes of the commercial zoning districts are to establish areas
within the City that are primarily commercial in character and to set forth certain minimum
standards for development within those areas. The project is located in the Class 2 Entryway
Overlay District, but no changes requiring a Certificate of Appropriateness are proposed with
this CUP application.
Adopted Growth Policy Designation:
The property is designated as “Industrial” in the Bozeman Community Plan. Industrial has a
wide variety of options which this project complies with. This classification provides areas
for the uses which support an urban environment such as manufacturing, warehousing, and
transportation hubs. Development within these areas is intensive and is connected to
significant transportation corridors. In order to protect the economic base and necessary
services represented by industrial uses, uses which would be detrimentally impacted by
industrial activities are discouraged. Although use in these areas is intensive, these areas are
part of the larger community and shall meet basic standards for landscaping and other site
design issues and be integrated with the larger community. In some circumstances, uses
other than those typically considered industrial have been historically present in areas which
were given an industrial designation in this growth policy. Careful consideration must be
given to public policies to allow these mixed uses to coexist in harmony.
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Project Description
An application was submitted to the Department of Community Development on September 7,
2016 requesting a Conditional Use Permit (CUP) to allow the sales of alcohol for on-premise
consumption in an existing permitted restaurant at 708 N. Rouse. The applicant proposed to add
the sale of alcohol for on-premise consumption through the issuance of a restaurant beer and
wine license. An approved CUP is required for on-premise sales and consumption of alcohol.
The property is zoned HMU (Historic Mixed Use - Industrial Community Plan designation)
within the North East Neighborhood Association and Conservation Overlay District and is
legally described as NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 118, Lot 19 - 24,
PLUS VACATED COTTONWOOD ST LESS HWRW, ACRES 1.466, City of Bozeman,
Gallatin County, Montana.
APPENDIX C - NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice was
published in the Bozeman Daily Chronicle on October 2, 2016 and October 9, 2016. Notice was
posted on site on September 29, 2016.
No public comment was received with regard to this project. If public comment is received prior
to the City Commission public hearing, it will be forwarded to the City Commission members.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Nelson Montana Property, LLC, Ashley Nelson, 1000 Claim Creek Road, Bozeman MT
59715
Applicant: Nelson Montana Property, LLC, Ashley Nelson, 1000 Claim Creek Road, Bozeman
MT 59715
Representative: Nelson Montana Property, LLC, Ashley Nelson, 1000 Claim Creek Road,
Bozeman MT 59715
Report By: Mayana Rice, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials
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Unknotted Café (Bar at Un-Knotted) 708 N Rouse Bozeman, MT 59715 Bozeman Community Development Planning Dept. Wednesday, September 7, 2016 Conditional Use Permit Project Narrative Beer/Wine on Premise Consumption To Whom It May Concern: Description of Use and Function on Site: The consumption and sale of Local Beer and Wine in our Café and Coffee bar, the consumption will only take place on site. There will be no sale or consumer consumption off site or after posted business hours. We have a full breakfast and lunch menu. Alcohol will be sold alongside these menus in our restaurant. Alcohol will be served between the hours of 8 am and 8pm. 1. In response to part 1a of the CUP check list: Between the dates of June 28 thru July 1st , we were inspected and approved for the following permits:
• Building
• Fire
• Health Stating we are up to date and within adequate limits and regulations of all required permits and inspections. We have a valid business license and two existing CUPs for vacation rental properties on site. 2. In response to part 1b of the CUP checklist: We will only serve on site during the business hours. We do not have any outdoor seating to affect the surrounding properties. Our business hours are with in a conservative time frame relative to the food service industry. We provide adequate parking as to not disturb the surrounding properties. The back border of our property is a creek, the left side is a alley and the right side has a fence as well as thick trees block our property from the neighbors. Alcohol will be served until 8pm so there will not be late night noise. 3. In response to part 1c of the CUP checklist: The staff serving the beer/wine will be adequately trained to serve safely. All will pass alcohol serve safe training. Extra care and training will be administered to
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assure no patron will become over served. The appropriate municipal departments have approve the required permits, including building, parking lot and egress areas, to assure the safety of our staff and patrons We have designated areas of sale, service, and consumption as detailed in our approved drawings. See A1.0. We have complied with regulations requiring the storage and security of the all beer and wine items, including but not limited to lock dry and cold storage. We have already had a state investigator out from the gambling and alcohol control department for an investigation of our management/owners as well as our property and they gave us approval to have beer wine on premise given our layout and storage areas.
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MODELNUMBERTRADENAMEPRODUCTMATERIAL
MATERIALPRODUCTTRADENAMEMODELNUMBER
K-4915BARDONC_URINALSVITREOUS CHINA MODELNUMBERTRADENAMEPRODUCTMATERIAL
MATERIALPRODUCTTRADENAMEMODELNUMBER
MODELNUMBERTRADENAMEPRODUCTMATERIAL
MATERIALPRODUCTTRADENAMEMODELNUMBER
MODELNUMBERTRADENAMEPRODUCTMATERIALMATERIALPRODUCTTRADENAMEMODELNUMBER
FLOOR PLANA1.0MAIN LEVELASHLEY, NELSON BOZEMAN, MONTANA
U N - K N O T T E D C A T E R I N G
416 WEST KOCH STREET, BOZEMAN, MT 59715
406 . 586 . 7401 - 406 . 539 . 3212
m a r k w e i r i c h a r c h i t e c t . c o m09/07/2016 BEER/WINE SUBMITTALV A C A T I O N R E N T A LDOOR SCHEDULE SYM.TYPEMANUFACTURER #NOM. SIZEHARDWAREREMARKS191
HMU
R-2
PLI
N ROUSE AVE E ASPEN ST
E PEACH ST N CHURCH AVE E COTTONWOOD ST
E PEACH ST
E COTTONWOOD ST
Legend
Planning Projects selection
City Limits
Zoning Districts
Parcels
Un-Knotted CUPProposed Beer & Wine BarApplication 16383, Submitted 9/07/2016Revised:9/07/2016
This map was created by theCity of BozemanPlanning Division
¯1 inch = 100 feet
Intended for Planning purposes only.
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N ROUSE AVE E ASPEN ST
E PEACH ST N CHURCH AVE E COTTONWOOD ST
E PEACH ST
E COTTONWOOD ST
Legend
Planning Projects selection
City Limits
ParcelsCommunity Plan Future Land Use
Residential
Residential Emphasis Mixed Use
Suburban Residential
Regional Commercial and Services
Community Core
Community Commercial Mixed Use
Business Park Mixed Use
Industrial
Public Institutions
Parks, Open Space and Recreational Lands
Other Public Lands
Golf Course
Present Rural
Un-Knotted CUPProposed Beer & Wine BarApplication 16383, Submitted 9/07/2016Revised:9/07/2016
This map was created by theCity of BozemanPlanning Division
¯1 inch = 100 feet
Intended for Planning purposes only.
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