HomeMy WebLinkAbout03-27-17 City Commission Packet Materials - A3. Bozeman Taproom CUP Modification Page 1 of 15
16475 Staff Report for the Bozeman Taproom Modification of Approved
Conditional Use Permit Application
Date: City Commission Public Hearing December 19, 2016
City Commission Hearing March 27, 2017
Project Description: The Bozeman Taproom application to modify an approved Conditional Use Permit (15149) for on premise consumption of alcohol from beer and
wine to all-beverage.
Project Location: 101 North Rouse Avenue and is legally described as the South 50 feet of
Lots 17-19, Bozeman Original Plat, situated in the Northeast One-Quarter (NE ¼) of
Section 7, Township Two South (2S), Range Sixe East (R6E), City of Bozeman, Gallatin County, Montana. The property is located within the B-3 (Central Business) District.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all of the information presented, I hereby adopt the findings presented in the staff
report for application 16475, finding the modification is in substantial compliance with the original plan.
Report Date: Wednesday, March 22, 2017
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The Bozeman Taproom, Inc. submitted an application to modify an approved Conditional
Use Permit (CUP) for modification of the existing on premise consumption of alcohol license to use an all-beverage license as defined by the State of Montana and described in the submittal materials dated November 2, 2016. Application is pursuant to Section 38.19.130.B,
BMC. Numerous other establishments serve alcohol within the immediate vicinity; please
see the Hawthorne Buffer Map attached to this report.
No change in the building, building square footage, number of seats, exterior modifications, hours of operation, or other modifications is proposed. No complaints have been received by the Community Development Department concerning the current operation.
Section 38.4.02.020.B, BMC states that, “The limitations set forth in MCA 16-3-306(1) do
not apply to restaurants holding a "restaurant beer and wine license" also known as a "cabaret
beer and wine license" nor to those owning a "catering endorsement" as those terms are defined in the Montana Alcoholic Beverage Code. However, nothing in this article shall be construed to allow the business license to be unilaterally approved and all must apply for and
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receive a conditional use permit as set forth in chapter 38 of this Code.” The original CUP
and this application to modify the CUP are submitted pursuant to the requirements of the
UDC.
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. The business is currently in operation as permitted.
On November 7, 2016, City Commission acted to reclaim review authority of this application
pursuant to section 38.34.010.B.2, BMC and scheduled the review hearing for December 19,
2016. The reclaim authority packet materials may be reviewed at http://weblink.bozeman.net/WebLink8/0/doc/111113/Electronic.aspx.
Public comment has been received for this application. All public comment can be reviewed
at http://weblink.bozeman.net/WebLink8/Browse.aspx?startid=58013&row=1&dbid=0.
Modifications to CUPs use the procedure for modifications to site plans and are thus evaluated by the criteria in section 38.19.130.B, BMC and by reference 38.19.140.C, BMC.
This section states, “the criteria for determining that no significant alteration of the previous
use and site will result from the proposed reuse, change in use or further development of a
site shall include but not be limited to the following:
1. The proposed use is allowed under the same zoning district use classification as the previous use, however replacement of nonconforming uses must comply with the provisions of article 32 of this chapter;
2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by
buildings, storage areas, parking areas or impervious surfaces and/or do not result in an
increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; a. By more than 20 percent for developments not meeting one or more of the
criteria of section 38.19.040.C; or
b. By more than ten percent for developments meeting or exceeding one or
more of the criteria of section 38.19.040.C; 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property.”
If the Commission determines the modification is not in substantial compliance with the
original plan, to use a full beverage liquor license the applicant must submit a new Site
Plan and Conditional Use Permit application and receive approval for such permits prior to modifying the existing use. The existing approval remains in effect if the Commission determines the modification requires full site plan and CUP review.
This action is for consideration of the modification only. It does not enable the removal of
the existing Conditional Use Permit.
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On December 19, 2016 the Commission held a hearing on the application. Public comment
was taken on the application. Prior to the Commission decision, the applicant requested to
continue the discussion and decision to a later date. The Commission granted the request.
The December 19, 2016 hearing packet information can be reviewed HERE and the video archive can be viewed HERE.
On February 2, 2017 the Bozeman Taproom was granted a change of address to their North
Rouse Avenue entrance. On February 9, 2017 the applicant requested to continue their
public hearing on the application. A meeting before the Commission was set for March 27,
2017.
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 plan modification criteria contained within the staff report;
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 ......................................................................................................................... 3
SECTION 1- MAP SERIES ..................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 5 - STAFF ANALYSIS........................................................................................... 8
Applicable Review Criteria, Section 38.19.130, BMC. ...................................................... 8
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 10
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 14
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 15
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 15
FISCAL EFFECTS ................................................................................................................. 15
ATTACHMENTS ................................................................................................................... 15
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SECTION 1- MAP SERIES
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the project.
Recommended Conditions of Approval:
1. A copy of the revised/new Montana Department of Revenue retail alcohol license for the
establishment must be submitted to the Department Community Development prior to the
sale of any alcohol not authorized by the existing State retail alcohol beverage license.
2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. All existing conditions of approval associated with application Z-15419, the Bozeman
Taproom Cup and Site Plan apply.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
None have been identified.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Bozeman Taproom Plan Modification
File: 16475
The City Commission is scheduled to hold a public meeting and review the application at their March 27, 2017 meeting.
SECTION 5 - STAFF ANALYSIS
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.
Applicable Review Criteria, Section 38.19.130, BMC.
Requests to modify a conditional use permit follow the procedures in 38.19.130 for
modification to site plans. Pursuant to section 38.19.130, BMC, Amendments to plans, “it is
the intent of this section to assure that issues of community concern are addressed during the
redevelopment, reuse or change in use of existing facilities in the community. Specific areas of
community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved
plans, reuse of existing facilities and further development of sites assure that these concerns
are adequately and expeditiously addressed.”
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Further, section 38.19.130.B, BMC, states, “Any amendment to or modification of a plan
approved under the ordinance codified in this article (September 3, 1991 — Ordinance 1332)
shall be submitted to the planning director for review and possible approval. Proposals for
further development, reuse or change in use of sites developed pursuant to this chapter shall be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised
plan drawing. Amendments to approved plans shall be reviewed and may be approved by the
planning director upon determining that the amended plan is in substantial compliance with the
originally approved plan. (Emphasis added). If it is determined that the amended plan is not in
substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and plan review and approval provisions of this chapter. Substantial compliance may be shown by demonstrating that the
amendments do not exceed the thresholds established in section 38.19.140.C.”
Based on the above, the provisions of 38.19.140.C provide the factors used to determine whether
the proposed amended plan is “in substantial compliance with the originally approved plan.”
The criteria in are listed below along with the staff’s finding for each criteria:
The criteria for determining that no significant alteration of the previous use and site will result
from the proposed reuse, change in use or further development of a site shall include but not be
limited to the following:
1. The proposed use is allowed under the same zoning district use classification as the
previous use, however replacement of nonconforming uses must comply with the
provisions of article 32 of this chapter;
Staff Response: The subject property is within the B-3 (Central Business
District). Pursuant to table 38.10.020 sales of alcohol for on-premise consumption is a conditional use. The applicant has secured an approved CUP
for the sale of on-premise consumption of alcohol. The UDC does not
distinguish in regards to use classification between beer/wine or full beverage.
The application meets this criterion.
2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces and/or do not result in an
increase in intensity of use as measured by parking requirements, traffic generation or
other measurable off-site impacts;
a. By more than 20 percent for developments not meeting one or more of the criteria
of section 38.19.040.C; or
Staff Response: No change in lot coverage, storage area, parking area, or
impervious surface or increase in intensity as described by this section is
proposed. The criteria under section 38.19.040.C, BMC (plan review design
thresholds) is included in this report for reference below. None of these
thresholds are met by this application. The application meets this criterion.
b. By more than ten percent for developments meeting or exceeding one or more of the
criteria of section 38.19.040.C;
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Staff Response: None of the aforementioned criteria are exceeding one or more
of the criteria of section 38.19.040.C. The application meets this criterion.
3. The proposed use does not continue any unsafe or hazardous conditions previously
existing on the site or associated with the proposed use of the property.”
Staff Response: There are no unsafe or hazardous conditions previously
existing on the site or associated with the proposed use of the property. The
existing use underwent all applicable reviews by the City. The use has been
operating since October 2016. The application meets this criterion.
Section 38.19.040.C, BMC, Plan design review thresholds. When a development is subject to
design review and meets one or more of the following thresholds the design review board shall
have responsibility for conducting the design review:
1. Twenty or more dwelling units in a multiple household structure or structures;
2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space;
3. Twenty thousand or more square feet of exterior storage of materials or goods;
4. Parking for more than 90 vehicles; or
5. Large scale retail per 38.22.180.
The following is provided as background information on the application.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “B-3” (Central Business
District). The intent of the B-3 central business district is to provide a central area for the
community's business, government service and cultural activities. Uses within this district should
be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district.
Table 38.10.020
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service — P P
Apartments and apartment buildings 6, as defined in this chapter P P1/
C P3
Arts and entertainment center, as defined in this chapter P P P
Automobile fuel sales or repair, as defined in this chapter C C C
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Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school — C P3
Bus terminals — C C
Community centers P P P3
Community residential facilities with eight or fewer residents P P1/
C P3
Community residential facilities serving nine or more residents — C —
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
Essential services Type I A A A
Essential services Type II P P P
Essential services Type III C9 P C9
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental — P —
Health and exercise establishments P1/C P P
Hospitals — P C
Hotel or motel — P P
Laboratories, research and diagnostic — P P3
Laundry, dry cleaning — C C
Light goods repair, as defined in this chapter — C A
Lodginghouses — C C3
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Manufacturing, artisan P P P8
Manufacturing, light — C C3
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P1/C P P
Meeting hall — P P
Offices, as defined in this chapter P1/C P P3
Other buildings and structures typically accessory to permitted
uses A A A
Parking facilities P P P3
Personal and convenience services, as defined in this chapter P P P
Pet grooming shop P P P
Printing offices and publishing establishments — — C
Private club, fraternity, sorority or lodge — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P2 P2
Retail, large scale — P —
Sales of alcohol for on-premises consumption7 C C C
Sign paint shops (not including neon sign fabrication) — P C
Upholstery shops (excluding on site upholstery service for cars,
boats, trailers, trucks and other motorized vehicles requiring
overnight storage)
— P P3
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Veterinary clinic — C —
Wholesale distributors with on-premises retail outlets, providing
warehousing is limited to commodities which are sold on the premises — C —
Wholesale establishments that use samples, but do not stock on
premises — P P
Any use, except adult businesses and casinos approved as part
of a planned unit development subject to the provisions of article 20 of this chapter C C C
Notes:
1 When located on the second or subsequent floor, or basement as defined in article 42 of this chapter.
2 Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter.
3 Except on ground floor in the core area as defined in this article.
4 Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this article.
5 Exclusive of drive-ins.
6 May be subject to the provisions of chapter 10, article 8.
7 Also subject to chapter 4, article 2.
8 For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground floor adjoining
Main Street, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required.
9 Only allowed when service may not be provided from an alternative site or a less intensive installation
or set of installations.
Adopted Growth Policy Designation: The subject property is designated as “Community
Commercial Mixed Use”. Activities within this land use category are the basic employment and
services necessary for a vibrant community. Establishments located within these categories draw
from the community as a whole for their employee and customer base and are sized accordingly.
A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor
Area Ratio in excess of 0.5 is desired. It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an urban
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character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential
areas are expected in close proximity. Including residential units on sites within this category,
typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and
are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range
and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The Bozeman Taproom, Inc. submitted application to modify an approved Conditional Use
Permit (CUP) for expansion of the existing on premise consumption of alcohol license to
become an all-beverage license as defined by the State of Montana and described in the
submittal materials dated November 2, 2016 pursuant to Section 38.19.130.B, BMC on November 2, 2016. The original packet materials from the 2015 CUP and COA application may be reviewed at http://weblink.bozeman.net/WebLink8/0/doc/93165/Electronic.aspx.
On December 19, 2016 the Commission held a hearing on the application. Public comment
was taken on the application. Prior to the Commission decision the applicant requested to
continue the discussion and decision to a later date. The Commission granted the request. The December 19, 2016 hearing packet information can be reviewed HERE and the video archive can be viewed HERE.
On February 2, 2017 the Bozeman Taproom was granted a change of address to their North
Rouse Avenue entrance. On February 9, 2017 the applicant requested to continue their
public hearing on the application. A meeting before the Commission was set for March 27, 2017.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Public notice for this application, beyond that provided for the Commission meeting as a
whole, is not required pursuant to section 38.40.030, BMC.
Numerous written comments have been received on this application. All submitted
comments can be found HERE in the “2016 Public Comment” folder and within the “Specific Community Development Projects” folder. Examination of every comment received to date revealed a nearly equal number of letters in opposition as in letters in support
of the application. By staff’s assessment there were 51 letters in opposition, 53 in support,
and two comments with no discernible opinion.
Comment in opposition of the application focus on the visual proximity to Hawthorne school and the impact the proximity has on children, the building creates a visually unacceptable and learning environment, the number of on premise consumption of alcohol establishments
in the downtown area, that the City should look out for the best interest of children before all
others, and impaired drivers near school.
An equal number of letter in support of the expansion have been submitted at the time publication of this report. Those in support suggest the establishment attracts responsible people and has created a friendly atmosphere where all are welcome, including families and
the operation no different than the other on premise-consumption of alcohol establishments.
The application does not require public notice. However, the Department provided notice
of the public hearing in the newspaper for publication on Sunday, March 19, 2017 and sent notice to Bozeman School District No. 7.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Julien Morice, 2110 Sourdough Road, Bozeman, MT 59715
Applicant: Bozeman Taproom, Inc., 281 Saddle Peak Circle, Bozeman, MT 59715
Representative: Intrinsic Architecture, 111 North Tracy Avenue, Bozeman, MT 59715
Report By: Tom Rogers, Senior 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.
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