HomeMy WebLinkAbout11-14-16 CC Mtg - A4. Reclaim CUP at 321 East Mendenhall
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Martin Matsen, Director of Community Development
SUBJECT: Reclaim Review Authority of Application to Modify Conditional Use
Permit Z15149 located at 321 East Mendenhall Street; Application 16475.
MEETING DATE: November 14, 2016
AGENDA ITEM TYPE: Action (Quasi Judicial)
RECOMMENDATION: Not applicable.
MOTION: Pursuant to Section 38.34.010.B.2, I move that the City Commission reclaim original
review authority and schedule a public meeting on {Commission identify the date} for the consideration of a modification to the conditional use permit for on-premise service of alcohol at
321 East Mendenhall Street; Application 16475.
BACKGROUND/SUMMARY: On November 9, 2015 the City Commission approved a
conditional use permit for on-premise service of alcohol at 321 East Mendenhall Street. The
approval was subject to 17 conditions and eight code requirements. The application materials described service of beer and wine. The original packet materials may be reviewed at http://weblink.bozeman.net/WebLink8/0/doc/93165/Electronic.aspx. The applicant has
completed all required conditions and revisions and the final approval for the CUP has been
approved by the City.
An application was submitted on November 2, 2016, to modify the CUP. The modification is a change from service of beer and wine to an all-beverage alcohol license.
At the November 7, 2016 City Commission meeting, Mayor Taylor requested that an agenda item
to consider the Commission reclaiming review authority for the project be added to the November
14, 2016 Commission agenda.
Pursuant to Section 38.34.010.B, BMC the Director of Community Development is the review authority for all application subject to the chapter not reserved to another authority. A modification
to an approved plan per Section 38.19.130.B is a type of plan reviewed by the Director.
Pursuant to Section 38.34.010.B.2, BMC the City Commission may reclaim review authority by a
simple majority vote. The section is attached for your reference. Criteria: The municipal code has established no criteria for reclaiming review authority but leaves entirely to the Commission’s discretion the decision to reclaim or not reclaim an application.
If the City Commission reclaims review authority, the project will follow the same process as a
project under the review authority of the Director of Community Development. The reclaim
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process does not change any review criteria or development standard. Under City Commission
authority, the final review and approval of the project will occur at a City Commission meeting as
a quasi judicial action item. Public comment is taken by the City Commission for all action items
per Commission rules and procedures. No public notice apart from inclusion on the Commission agenda is required for a modification to an approved plan.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1. Reclaim original review authority as authorized in Section 38.34.010.B.2, BMC and
schedule a date for action; or
2. Leave application 16475 for review by the Director of Community Development with the
Director’s administrative action subject to appeal per Section 38.35.030, BMC. An
appeal of administrative action would go to the City Commission.
FISCAL EFFECTS: None identified at this time
Attachments: Section 38.34.010, BMC
Report compiled on: November 7, 2016
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Sec. 38.34.010. - Review authority.
A. The city commission has the right to review and require revisions to all development proposals
subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public
safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value
of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to
ensure that the applicable regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 5 of this chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Determination to accept cash-in-lieu of park land dedications, except in the B-3 zone district;
d. Extensions of subdivision preliminary plat approvals for periods greater than two years;
e. Planned unit development preliminary plans and major amendments to planned unit
developments;
f. Conduct public hearing for applications under 76-2-402, MCA;
g. Appeals from administrative interpretations and final project review decisions;
h. Approval of park master plans;
i. Large scale retail per section 38.22.180; and
j. Exceptions to installation of bikeways and boulevard trails per 38.24.110.E.
B. The planning director shall, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below.
Decisions of the planning director are subject to the appeal provisions of article 35 of this chapter.
1. Projects excluded from planning director review:
a. Those applications specifically reserved to another approval authority as stated in this section;
b. Development of city property which does not conform to all standards of this chapter;
c. Conduct public hearing for applications under 76-2-402 MCA;
d. Any application involving variances from this chapter;
e. Subdivision preliminary and final plats not meeting the requirements for a subdivision
exemption per article 5;
f. Conditional use permits;
g. Preliminary plans and major amendments to planned unit developments;
h. Large scale retail per section 38.22.180;
i. Exceptions to design standards for transportation pathways per section 38.24.110.E;
j. Applications, except within the B-3 zoning district, which propose the use of cash-in-lieu of
parkland per section 38.27.030;
k. Approval of park master plans,
l. Designation of historic or culturally significant signs;
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m. Applications with deviations except that the planning director is the review authority for applications which have:
(1) Two or fewer deviations, which deviations may not request a more than 20 percent change in the standard for which the deviation is sought; and
(2) Which are not otherwise prohibited to the planning director for their review;
n. Amendments to the text or the zoning map per articles 36 and 37;
o. Extensions to subdivision review for periods exceeding two years; and
p. Appeals from final administrative action on interpretations or project final decisions;
2. Exception. The city commission may, by an affirmative, simple majority, vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally
subject to the approval of the planning director. The vote shall occur prior to the action of the planning director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment shall, upon recommendation from the applicable advisory bodies approve, approve with conditions or
deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of article 35 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally
subject to the approval of the board of adjustment. The vote shall occur prior to the action of the board of adjustment.
D. The city engineer shall review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following site elements and processes:
1. Site access and storm water for reuse and further development per section 38.19.140.B;
2. Location of storm water facilities within neighborhood centers per 38.23.020;
3. Allow the placement of private utility easements within public rights-of-way owned or controlled by the city.
4. The maximum length of dead end water mains per 38.23.070;
5. The maximum length of service lines per 38.23.070;
6. Exceptions to storm water controls per 38.23.080;
7. All modifications or proposed standards in 38.24.010 except 38.24.010.A.1;
8. Approve plans and specifications for public infrastructure and infrastructure to be granted to the public per 38.24.060.A and B.1-3;
9. Allow alternate curb return radii per 38.24.090.C.2.e;
10. Approve locations and modifications to drive accesses to public streets per 38.24.090.G and H;
11. Approve street improvement standards per 38.24.060;
12. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per
38.25.020.D, F and J;
13. Protection of landscaped area per 38.26.050.H;
14. All actions required of the flood plain administrator per article 31;
15. Approve modifications in required completion time for subdivision improvements per
38.39.030.B.1;
16. Permit the use of a financial guarantee for paving of streets per 38.39.060.B;
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17. Allow waiver of required information per 38.41.080.A.2.i(3).
18. Require preparation of a traffic impact analysis and determine its contents per
38.41.120.A.2.c(5).
19. Establish specifications for paving of streets and parking areas; and
20. Designate street classifications for collectors and arterials not shown in the long range transportation plan.
21. Allow alternate parking angles for surface and structured parking stall configurations listed in Table 38.25.020. All other numeric standards apply.
E. The director of public service shall review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and
processes:
1. A waiver of the requirement to extend water, sewer, and streets to the perimeter of property
being developed per section 38.23.070;
2. Water rights as authorized in 38.23.180;
3. Exceptions to the level of service standards established in 38.24.060.B.4.
F. The director of parks and recreation shall determine the classification of trails per 38.27.110.D.
G. As detailed in article 33 of this chapter, the city commission authorizes the advisory bodies as applicable, to review and to make recommendations to the review authority regarding development
proposals.
H. The city commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated
representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be
unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general
welfare may be best served by exceeding those minimums, the city commission or planning director may require as a condition of approval, additional landscaping, screening, timing requirements,
setbacks or other mitigation exceeding the minimums of this chapter.
(Ord. No. 1645, § 18.64.010, 8-15-2005; Ord. No. 1670, § 18.64.010, 8-28-2006; Ord. No. 1693,
§ 23(18.64.010), 2-20-2007; Ord. No. 1761, exh. M(18.64.010), 7-6-2009; Ord. No. 1809, § 2, 7-
11-2011; Ord. No. 1832, § 3, 6-18-2012; Ord. No. 1827, § 5, 9-10-2012; Ord. No. 1905, § 3, 2-2-
2015 ; Ord. No. 1945 , § 13, 4-25-2016)
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