HomeMy WebLinkAbout11-26-18 City Commission Packet Materials - A1. Mavens Market CUP for On-Premises Consumption18439 Staff Report for Mavens Market – CUP
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18439, Staff Report for Mavens Market - Conditional Use Permit for
Alcohol Sales for On-premises Consumption
Date: City Commission Public Hearing November 26, 2018
Project Description: A Conditional Use Permit (CUP) application for sales of alcohol for on-premises consumption in an existing building located in the B-2M community business – mixed zoning district.
Project Location: The subject property is addressed as 720 West Main Street and legally described as Lots 6 - 7, & 6' ST W of Lot 8, Block F, Story Addition to Bozeman, Section 12, Township 2 South, Range 5 East, P.M.M., 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 18439 and move to approve the conditional use permit with conditions and subject to all applicable code provisions.
Report Date: November 12, 2018
Staff Contact: Addi Jadin, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues There are no unresolved issues.
Project Summary Application 18439 was submitted by Brie Thompson, Mavens Market, 720 W. Main Street, Bozeman, MT 59715 and property owner, McGee Partnership, 9000 Trooper Trail, Bozeman, MT 59715, pursuant to Chapter 38 - Unified Development Code (UDC) of the Bozeman Municipal Code (BMC). An approved CUP is required for sales of alcohol for on-premises consumption within the B-2M zoning district. The property is designated in the community growth policy as Community Commercial Mixed Use and is located within the Midtown Urban Renewal District. The subject property recently received approval for a Site Plan Modification (application # 18377) to change the use from the prior flower shop to retail and café and exterior improvements. Because the owner intends to hold wine tasting events and
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potentially serve wine in the café, a CUP for alcohol sales for on-premise consumption is required. A minor design change is also included in the CUP. The applicants request to omit new awnings from the exterior façade as previously proposed and approved. Planning staff agrees with the proposal—awnings not required and their omission enhances the building’s architectural character. Further information is included in Appendix B of the staff report. No public comment has been received on the application as of the completion of the staff report.
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.
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TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 1 Alternatives ........................................................................................................................ 2 SECTION 1 - MAP SERIES........................................................................................................ 4 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES ............................. 7 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................... 7 SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC ............................... 7 SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS............................ 8 SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS ................................................. 8 SECTION 7 - STAFF ANALYSIS AND FINDINGS .................................................................... 9 Applicable Plan Review Criteria, Section 38.230.100, BMC. .......................................... 9 Applicable Conditional Use Permit Review Criteria, Section 38.230.110, BMC......... 11 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 13 APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 13 APPENDIX C - NOTICING AND PUBLIC COMMENT ............................................................ 14 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 14 FISCAL EFFECTS .................................................................................................................... 15 ATTACHMENTS ..................................................................................................................... 15
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SECTION 1 - MAP SERIES
FIGURE 1 - ZONING
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FIGURE 2 - FUTURE LAND USE
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AREA OF ALCOHOL SERVICE
COFFEE AND GELATO CAFÉ YES
MARKET AND RETAIL YES
WINERY SERVICE AREA YES
KITCHEN/PREP NO
WINE BOTTLING AREA NO
FIGURE 3 – SITE PLAN AND AREAS OF ALCOHOL SERVICE UNDER REVIEW Project Location
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SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES No relaxations/deviations or variances have been requested as part of this application.
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 city beer and wine license for the
establishment must be submitted to the Department of Community Development prior to alcohol service. 3. Any modification of the Montana Department of Revenue city beer and wine license requires review and approval of a new conditional use permit. 4. A copy of the City of Bozeman alcohol license for the establishment must be submitted to the Department of Community Development prior to alcohol service. 5. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.030 based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. 6. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code.
SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC A. Section 38.230.110.F BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must 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. This
is a required final step in the CUP process. The City will provide the document to
record. B. Sections 38.230.110.I. and 38.200.030 BMC describe the process for
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termination/revocation of a conditional use permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in Section 38.200.160.
SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS None identified.
SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS
Project: Mavens Market CUP for Alcohol Sales for On-premises Consumption
Application: 18439 The Development Review Committee did not identify any issues with the service of alcohol in an already approved site. The City Commission will consider the proposal on November 26, 2018. The City Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 6 p.m.
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SECTION 7 - 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 38.230.100, 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 The property is zoned B-2M, Community Commercial – Mixed District, which has the intent “to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multifamily residential uses as a secondary use.” The property is located in one of the implementing districts for the Community Commercial Mixed Use land use designation according to the adopted growth policy. 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. Adjoining properties are currently non-residential. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy. No conflicts between the proposed use and the growth policy have been identified. For more 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.
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3. Conformance with all other applicable laws, ordinances, and regulations Conformance to City of Bozeman and Montana Department of Revenue laws regarding alcohol service will be ensured through the recommended conditions of approval. A Conditions of Approval document is required to be recorded by the applicants to notify the public and any future property owners of the CUP conditions.
4. Conformance with special review criteria for applicable permit type as
specified in article 2 This CUP application is proposed for an infill property and work is underway on the site to complete the site upgrades authorized in the prior Modification application with the exception of installing new awnings. The total square footage for alcohol service area is approximately 1600 square feet.
5. Conformance with the zoning provisions of article 3, including permitted uses,
form and intensity standards and requirements, applicable supplemental use
criteria, and wireless facilities and/or affordable housing provisions if applicable Traffic and parking conditions were analyzed during the review of the associated Modification 18377. No increases in traffic or parking needs are expected due to the service of alcohol during events.
6. Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element provisions,
and park and recreational requirements No changes are required due to the change in use.
7. Conformance with the project design provisions of article 5, including
compatibility with, and sensitivity to, the immediate environment of the site and
adjacent neighborhoods and other approved development; design and
arrangement of the elements of the plan; landscaping; open space; lighting,
signage; The site landscaping will be enhanced through the improvements recently improved.
8. Conformance with environmental and open space objectives set forth in
articles 4—6, including the enhancement of the natural environment,
watercourse and wetland protections and associated wildlife habitats; and if the
development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the plan to avoid interfering with
public access to and use of that area Not applicable. The proposed use will not require building or site modifications.
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9. Conformance with the natural resource protection provisions of article 4 and
article 6 Not applicable. The proposed use will not require building or site modifications.
10. 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
11. 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:
a. 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
b. 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
12. Phasing of development Not applicable.
Applicable Conditional Use Permit Review Criteria, Section 38.230.110, BMC E. In addition to the review criteria of Section 38.230.100, 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; Staff finds the site adequate to accommodate the use proposed as it will have no impact on the site plan elements approved in the associated Modification 18377.
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 finds that alcohol sales for on-premises consumption will not have any material adverse effect upon the abutting properties with the recommended conditions of approval as identified in Section 3. With the Community Development recommended
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conditions of approval and required code provisions, the application complies with the Unified Development Code. There is adequate parking, pedestrian access, capacity for trash disposal, and municipal service to serve the proposed use.
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. Staff finds the proposed use in conformance to these criteria. Staff does not find it necessary to impose additional time limitations specific to this particular property. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended Conditions of Approval and findings within this report.
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
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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 constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns,
are binding upon the owner of the land, his successors or assigns, must be
consented to in writing, and must 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 must be addressed prior to the service of alcohol. A document to be recorded will be provided by the City following preliminary approval. Code Provision A is cited in Section 4 of this report as relates to Conditional Use Permit approval.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned B-2M (Community Business - Mixed). 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.
Adopted Growth Policy Designation: The property is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan. Community Commercial Mixed Use has several elements with which this project complies due to the proposed site:
• Integration with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities;
• Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided; and
• Location on one or two quadrants of intersections of arterials and/or collectors.
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description: Site improvements on this property are underway per the approval of Site Plan Modification (MOD), application 18377. The scope of the MOD includes remodeling of the former flower store to convert it to a new café and market and exterior façade improvements. In addition, upon approval of the CUP, the applicants intend to offer wine tasting in the market area and potentially wine sales in the café area. Sales of alcohol for on-premise consumption is a conditional use in the B-2M zoning district.
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Since approval of the MOD and commencement of work, the applicants also requested a change to allow them to leave the windows in their current refurbished state without new awning coverings. Staff reviewed the change for compliance with Section 38.340.050. - Standards for certificates of appropriateness and finds that revealing the windows’ unique shape is appropriate. For the City Commission to approve the CUP, Staff recommends that the applicant be required to submit a copy of the Montana Department of Revenue alcohol license and the City of Bozeman license to the Planning Division prior to serving. Staff further recommends that this approval only be granted for the stated and intended beer and wine license type and any future change in license will necessitate review and approval of a new CUP. The recommended conditions of approval address the above-referenced items in this report. Through the issuance of the staff report, staff has advised the applicants of the CUP provisions of the Bozeman Municipal Code, which provide revocability parameters. If the City Commission approves the CUP, Staff will provide the applicant a copy of the conditions of approval and CUP code provisions that shall run with the land and must be signed by the landowner and recorded at the Gallatin County Clerk and Recorder’s Office prior to serving of alcohol within the tenant space. The applications were noticed pursuant to Section 38.220.420, BMC. No deviations or variances are requested.
APPENDIX C - NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.220.420, 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 November 4 and 11, 2018. Notice was posted on site on or before November 4, 2018. No public comment has been received for this application. 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
Property Owner: McGee Partnership, 9000 Trooper Trail, Bozeman, MT 59715
Applicant: Brie Thompson, Mavens Market, 720 W. Main Street, Bozeman, MT 59715
Report By: Addi K. Jadin, Associate Planner
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FISCAL EFFECTS No unusual fiscal effects have been identified.
ATTACHMENTS
Application Materials. The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
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Project Narrative
720 West Main
CUP for Alcohol Consumption
Project Narrative:
The proposed site is already under remodel with a MOD application. We are filing a CUP in an
attempt to include a Montana State Winery License with our Market. Approximately 1/5 of our
retail space will be used as a wine tasting room in which customers can try before they buy and
fill bottles/wine growlers fresh. Along with tasting and learning, customers will be able to
purchase glasses of their favorites to enjoy with meat and cheese boards, served from the
market.
a. Response to our use being of Adequate Size and Topography to accommodate use:
Winery usage will be limited to our occupancy load which is less than 50 people.
b. Response to our use having no material adverse effect upon the abutting property:
Being that we share adjoining property lines with 2 late night, rowdy bars, we are
confident that a simple wine tasting room with classy menu options and reasonable
hours will have a positive effect on the abutting property.
c. Response to special conditions necessary to protect public health, safety, and general
welfare: We are intending for our market/tasting room to be a place of reasonable,
minimal alcohol consumption. Standard age and consumption laws will be enforced. We
expect to become a neighborhood establishment that promotes community and quality.
Project Managers/Business Owners:
Brie Thompson
406-539-5918
brie@mavensmarket.com
Val Flammang
406-600-3196
val@mavensmarket.com
Attached:
2. Location/Vicinity Map
3. Site Plan
4. Floor Plan
5. Floor Plan of Alcohol Areas
6. Parking Calculations – N/A for B2M
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From:Brie Thompson
To:Addi Jadin
Subject:Re: Mavin"s Market CUP
Date:Sunday, September 30, 2018 5:03:35 PM
Hi Addi,
Thanks for letting me know. I think it would be best to request the entire space as service area
just in case we want to do tastings around the shop....or make a wine gelato milkshake, jk.
I look forward to hearing more. Thanks!
Brie Thompson
Olivelle - The Art of Flavor®24795 Frontage Road | Bozeman, MT 59718phone. 406-587-4246email. Brie@Olivelle.comwww.Olivelle.com
On Fri, Sep 28, 2018 at 12:55 PM Addi Jadin <AJadin@bozeman.net> wrote:
Hi Brie,
I have been assigned review of this application and will let you know when we get a hearing
date (no sooner than November 5 because of the public notice requirements and cancelledCommission meetings).
One item of clarification I need is whether the alcohol service/tasting will extend into the
café or market or remain just in the winery service area? Would someone be able to order aglass of wine with their gelato? My recommendation would be to request service
throughout the public areas to allow for versatility (as long as state law allows it).
Thanks,
Addi Jadin | Associate Planner
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2260 | E: ajadin@bozeman.net | W: www.bozeman.net
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