HomeMy WebLinkAbout6-2-08_WeeBee's Cafe Conditional Use Permit and Planned
Report compiled on May 28, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
SUBJECT: WeeBee’s Cafe CUP/PUD Modification Application
#Z-08086
MEETING DATE: Monday, June 2, 2008
RECOMMENDATION: That the City Commission approve the WeeBee’s Cafe Conditional
Use Permit and Planned Unit Development Modification Application No. Z-08086 with the
conditions of approval as outlined in the attached Staff Report.
BACKGROUND: The applicant has submitted a Conditional Use Permit application to modify
the “Ridge Planned Unit Development” to allow a restaurant serving alcohol in the list of
permitted uses and to allow a cabaret (beer and wine) license at WeeBee’s Cafe which is under
construction at 407 Ferguson Avenue (just north of the Ridge Athletic Club).
UNRESOLVED ISSUES: The Department of Planning and Community Development is not
aware of any unresolved issues at this time.
FISCAL EFFECTS: The Department of Planning and Community Development is not aware of
any fiscal effects at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Doug Riley at driley@bozeman.net if you have any
questions.
APPROVED BY:
_________________________________ _________________________________
Andrew C. Epple, Planning Director Chris Kukulski, City Manager
Attachments: Staff Report
Applicant’s Submittal Materials
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CITY COMMISSION STAFF REPORT
WEEBEE’S CAFE INC. CABARET LICENSE CUP/PUD MOD. FILE NO. #Z-08086
#Z-08086 WeeBee’s Cafe Cabaret License CUP/PUD Mod.
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Item: Zoning Application #Z-08086, a Conditional Use Permit to modify the
“Ridge Planned Unit Development” to allow a restaurant serving
alcohol in the list of permitted uses and to allow a cabaret (beer and
wine) license at WeeBee’s Cafe located at 407 Ferguson Avenue (north
of the Ridge Athletic Club).
Property Owner/Applicant: David & Debra DeHaan Family LLC
102-D Gallatin Drive
Bozeman, MT 59718
Representative: Bitnar Architects
502 S. Grand Avenue
Bozeman, MT 59715
Date: Before the Bozeman City Commission on Monday, June 2, 2008 at 6
pm in the Community Room, Gallatin County Courthouse, 311 West
Main Street, Bozeman, Montana.
Report By: Doug Riley, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The Ridge Planned Unit Development (PUD) is located on the west side of Ferguson Road, north of
Fallon Street. WeeBee’s Cafe is currently under construction on Lot 3 of the PUD (just north of the
Ridge Athletic Club). The legal description of the WeeBee’s Cafe property is Lot 3, The Ridge Athletic
Club Subdivision, City of Bozeman, Gallatin County, Montana. Please refer to the following vicinity
map.
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PROPOSAL
This is a Conditional Use Permit (CUP) application to modify the “Ridge Planned Unit Development” to
allow a restaurant serving alcohol in the list of permitted uses and to allow a cabaret (beer and wine)
license for WeeBee’s Cafe which is current under construction just north of the Ridge Athletic Club. No
modifications to the previously approved building or development plan are proposed.
The portion of the Ridge Planned Unit Development (PUD) where WeeBee’s is located is zoned BP
(Business Park District). Restaurants, and restaurants serving alcohol, are not a customarily permitted
use in this zoning district. However, the Ridge PUD approval (Project #P-06260) included a restaurant
as a principle permitted use along with sandwich shop and coffee shop in the BP portion of the
development. Other approved uses for both the BP and R-O (Residential Office) portion of the
development are listed as shown in the attached list of Approved Uses. In order to be considered for a
cabaret license, the applicant has requested to amend the list of permitted uses for the PUD to include a
restaurant serving alcohol.
If the Commission is inclined to approve the modification to the PUD to include a restaurant serving
alcohol as a permitted use, the applicant has concurrently made application for a cabaret (beer and wine)
license.
RECOMMENDATION
The Development Review Committee (DRC) has reviewed the CUP application to modify the “Ridge
Planned Unit Development” to allow a restaurant serving alcohol in the list of permitted uses and to
allow a cabaret (beer and wine) license at WeeBee’s Cafe located at 407 Ferguson Avenue (north of the
Ridge Athletic Club) and as a result recommends to the City Commission approval of said application
with the conditions and code provisions outlined in this Staff Report. Planning Staff has identified
various code provisions that are currently not met by this application. Some or all of these items are
listed in the findings of this Staff Report. The applicant must comply with all provisions of the
Bozeman Unified Development Ordinance, which are applicable to this project, prior to the
commencement of use.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the analysis contained within this Staff Report, the Development Review Committee (DRC)
finds that the application, with conditions, is in general compliance with the previously approved Ridge
Planned Unit Development and the City of Bozeman Unified Development Ordinance. The following
conditions of approval are recommended:
1. The list of permitted uses for the “Ridge Planned Unit Development” shall be amended to
include “Restaurants serving alcoholic beverages” with approval of a Conditional Use Permit
(CUP) under the requirements of the Bozeman Municipal Code.
2. A copy of the State Revenue Department liquor license for this establishment shall be submitted
to the Department of Planning & Community Development prior to the sale of alcoholic
beverages.
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3. The applicant shall obtain a City of Bozeman Liquor License and provide the Department of
Planning & Community Development with a copy of the license prior to the sale of alcoholic
beverages.
4. The right to serve alcohol to patrons is revocable at any time 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.
5. If any catering with alcoholic beverages occurs, the applicant shall obtain a catering endorsement
from the Department of Revenue, Liquor Division, as well as a City catering license, for each
catered event.
6. Any expansion of this use or facility, or additional outdoor seating, is not permitted unless
reviewed and approved as required under the applicable regulations of the Bozeman Municipal
Code.
7. The applicant is advised that any establishments responsible for food preparation shall install an
outside two-compartment grease interceptor. If space is not available for an interceptor a grease
trap shall be installed under the three-chambered sink. Interceptor/trap design and installation is
subject to City of Bozeman Building Department approval. In accordance with Municipal Code,
the applicant is further advised that on-site maintenance records and interceptor service shall be
maintained on a regular basis and made available to the City upon request.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property is zoned BP (Business Park District). The intent of the
BP District is to provide for high quality settings and facilities for the development of a variety
of compatible employment opportunities. These areas should be developed so as to recognize the
impact on surrounding or adjacent development and contribute to the overall image of the
community. Compatibility with adjacent land uses and zoning is required.
WeeBee’s Cafe is located in roughly the middle of the Ridge PUD with adjacent BP zoning to
the north, south and west. The approved PUD land uses immediately adjacent to WeeBee’s are
an office building to the north, Bozeman Deaconess Hospital/Medical Clinic to the south and
Ridge PUD parking to the west.
The following land uses and zoning are adjacent to the overall Ridge Planned Unit Development:
North/West: Across Ravalli Street: Vacant and Cottonwood Condos; zoned R-O (Residential
Office District)
The intent of the R-0 (Residential Office District) is to provide for and encourage the
development of multi-household and apartment development and compatible professional offices
and businesses that would blend well with adjacent uses. The primary use of a lot, as measured
by building area, permitted in the R-O district is determined by the underlying growth policy
land use designation. Where the district lies over a residential growth policy designation the
primary use shall be non-office uses; where the district lies over a non-residential designation the
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primary use shall be office and other non-residential uses. Primary use shall be measured by
percentage of building floor area.
South: Across Fallon Street: Vacant; Recently received preliminary rezoning approval from
BP to UMU (Urban Mixed Use District).
The intent of the UMU District is to is to establish areas within Bozeman that are mixed-use in
character, and to set forth certain minimum standards for development within those areas which
encourage vertical mixed-use development with high density. The purpose in having an urban
mixed-use district is to provide options for a variety of employment, retail and community
service opportunities within the community, with incorporated opportunity for some residential
uses, while providing predictability to landowners and residents in uses and standards. There is a
rebuttable presumption that the uses set forth in each district will be compatible both within the
individual districts and to adjoining zoning districts when the standards of Title 18 are met and
any applicable conditions of approval have been satisfied. Additional requirements for
development apply within overlay districts.
A. It is further the intent of this district to:
1. Allow a mixture of complimentary land uses which encourages mixed-uses on individual
floors including, but not limited to, retail, offices, commercial services, restaurants, bars,
hotels, recreation and civic uses, and housing, to create economic and social vitality and to
encourage the linking of trips;…
East: Across Ferguson Avenue; Office and Residential - zoned R-O (Residential Office
District) and R-4 (Residential High Density District).
The intent of the R-4 (Residential High Density District) is to provide for high-density residential
development through a variety of housing types within the City with associated service
functions. This will provide for a variety of compatible housing types to serve the varying needs
of the community’s residents…Although some office use is permitted, it shall remain as a
secondary use to residential development. Secondary status shall be as measured by percentage
of total building area.
ADOPTED GROWTH POLICY DESIGNATION
The Ridge PUD property is designated as “Business Park” (Lots 1-4 and 7-8) and
“Residential” (Lots 5-6) in the Bozeman 2020 Community Plan.
The “Business Park” classification provides for areas typified by office uses and
technology-oriented light industrial uses, although retail, services, or industrial uses may
also be included in an accessory or local service role.
The “Residential” classification designates places where the primary activity is urban
density living quarters. Other uses which complement residences are also acceptable such
as parks, low intensity home based occupations, fire stations, churches, and schools. The
residential designation also indicates that it is expected that development will occur
within municipal boundaries which may require annexation prior to development. The
dwelling unit density expected within this classification varies. It is expected that areas of
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higher density housing would be likely to be located in proximity to commercial centers
to facilitate the broadest range of feasible transportation options for the greatest number
of individuals and support businesses within commercial centers. Low density areas
should have an average minimum density of six units per net acre. Medium density areas
should have an average minimum density of twelve units per net acre. High density areas
should have an average minimum density of eighteen units per net acre. A variety of
housing types should be blended to achieve the desired density with large areas of single
features such as floodplains may cause an area to be designated for development at a
lower density than normally expected within this classification.
All residential housing should be arranged with consideration given to the existing
character of adjacent development, any natural constraints such as steep slopes, and in a
fashion which advances the overall goals of the Bozeman 2020 Community Plan. The
residential designation is intended to provide the principal locations for additional
housing within the Planning Area.
The following growth policy designations are adjacent to the Ridge PUD:
North/West: Across Ravalli Street - Residential
South: Across Fallon Street – Designated as Business Park
East: Across Ferguson Avenue – Business Park and Residential
REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit against
the relevant chapters of the Unified Development Ordinance (UDO) and as a result offers the following
summary review comments. The findings outlined in this report include comments and recommended
conditions provided by the Development Review Committee (DRC).
INTENT OF PLANNED UNIT DEVELOPMENT (18.36.010)
It is the intent of the City through the use of the planned unit development (PUD) concept, to
promote maximum flexibility and innovation in the development of land and the design of
development projects within the City. Specifically, with regard to the improvement and protection
of the public health, safety and general welfare, it shall be the intent of the title to promote the
City’s pursuit of the following community objectives: (as directly applicable to request)
A. To ensure that future growth and development occurring within the City is in accord with
the City’s adopted growth policy, its specific elements, and it goals, objectives and policies;
M. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood and the community as a
whole.
Restaurants, or restaurants serving alcohol, are not a customarily permitted use in the underlying B-P
(Business Park District) zoning or corresponding Business Park Growth Policy Designation. However,
in the original PUD approval, a restaurant, sandwich shop and coffee shop were approved as permitted
uses. The addition of alcohol sales to the list of permitted uses may be considered in keeping with the
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original approval, especially in light of the recent decision to approve UMU (Urban Mixed Use District)
zoning for approximately 31 acres immediately south of the Ridge PUD. The adjacent UMU zoning will
also allow “Sales of Alcohol for On-Premise Consumption” with approval of a CUP. Therefore, this
request may not be out of character with the nature of the approved Ridge PUD list of permitted uses or
the evolving nature of future land uses in this immediate area.
PUD REVIEW CRITERIA (18.36.090)
a. All Development. All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the
mandatory “All Development” group.
(1) Does the development comply with all City design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets?
The Ridge PUD received final approval in July of 2007 and has been under construction
for the installation of the required improvements. Each lot and individual building within the PUD is
responsible for installing or extending site specific utilities from those installed for the subdivision. No
additional improvements are proposed with the amendment to add restaurants serving alcohol to the list
of permitted uses for the Ridge PUD.
(2) Does the project preserve or replace existing natural vegetation?
The Ridge PUD and developing uses replaced a grass field.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized and cohesive planned unit development?
The approved site plan for the Ridge PUD was designed and evaluated to produce an efficient,
organized development. The addition of alcohol sales to WeeBee’s Cafe on Lot 3 will not change any of
the site design elements of the project.
(4) Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and
placement of landscape materials; and/or use of renewable energy sources; etc.)
contribute to the overall reduction of energy use by the project?
The lot layout and proposed building placement within the Ridge PUD was designed to
encourage walking between buildings upon buildout rather than driving. The variety of approved uses:
professional offices, medical/dental offices, personal and convenience services, coffee shop, restaurant,
day care center and health and fitness facility will provide added convenience for owners, employees
and customers in the Ridge PUD as well as the adjacent neighborhood. It could be argued that the added
convenience of a neighborhood restaurant may reduce fuel consumption by immediate area residents.
(5) Are the elements of the site plan (e.g. buildings, circulation, open space and
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landscaping, etc.) designed and arranged to maximize the privacy by the residents of
the project?
The Ridge PUD was not developed to specifically support residential uses. There is a
provision in the development guidelines for the PUD to allow apartments/condominiums
on the second floor of a building on either Lot 5 or 6 in the R-O zoned portion of the project.
Although the Ridge PUD is adjacent to residential development to the north (across Ravalli Street)
and the east (across Ferguson Avenue) the property is not directly contiguous to residential development
due to the intervening streets.
(6) Park Land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of
park land or open space been provided for each proposed dwelling as required by
'18.50.020, BMC?
N/A as no parkland is required to add a restaurant serving alcohol to the list of permitted uses
for the PUD.
(7) Performance. All PUDs shall earn at least twenty performance points.
Nonresidential developments within the North 19th Avenue/Oak Street corridor shall earn
thirty points. Points may be earned in any combination of the following. The applicant
shall select the combination of methods but the City may require documentation of
performance, modifications to the configuration of open space, or other assurances that
the options selected shall perform adequately.
The performance points for the Ridge PUD were achieved with open space. There are
plazas located between buildings, a park in the center of the development and open
space on the west side of the project for the shared benefit of the property owners,
employees, customers and guests. The UDO does not specify additional performance
points with this amendment request since the merit of the proposal has not been altered.
(8) Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not
become an isolated “pad” to adjoining development?
The integration of interior circulation patterns, building design and vehicle and
pedestrian access from Ferguson Avenue, Fallon Street and Ravalli Street will not be changed from the
original PUD approval.
Section 18.34.090 “Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission, the DRC, and
when appropriate, the ADR Staff shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The site plan and development of WeeBee’s Cafe is in conformance with the Ridge PUD
which was determined through the original review process to be in general conformance
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with the Bozeman 2020 Community Plan including the “Business Park” land use
designation.
2. Conformance to this title, including the cessation of any current violations
There are no registered complaints or violations on file for this site or use with the
Department of Planning and Community Development.
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.
The following code provisions must be addressed prior to Final Site Plan approval:
a. Section 18.52.060 states that a Sign Permit application shall be reviewed and approved
by the Planning Office prior to the construction and installation of any new on-site
signage.
b. Section 18.34.100.C states that the right to a conditional use permit shall be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use
Permit procedure. All special conditions and code provisions shall constitute restrictions
running with the land, shall be binding upon the owner of the land, his successors or
assigns, shall be consented to in writing by the applicant prior to commencement of the
use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office
by the property owner prior to the final site plan approval or commencement of the use.
All of the conditions and code provisions specifically stated under any conditional use
listed in this title shall apply and be adhered to by the owner of the land, successor or
assigns.
c. Section 18.42.150 provides the requirements for lighting on site. All lighting must be in
conformance with this section.
3. Conformance with all other applicable laws, ordinances, and regulations
The proposal conforms to all other applicable laws, ordinances, and regulations.
4. Relationship of site plan elements to conditions both on and off the property
No exterior modifications to the site plan or building are proposed from what was
approved as part of the original PUD (see applicant’s plans). The principal façade of the
business faces Ferguson Avenue. No additional or change in signage has been proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The Ridge PUD has 499 parking spaces available within the development which were
approved as shared parking for the entire development. This arrangement included
original parking calculations to include the restaurant which is under construction. This
shared parking configuration should provide more than adequate parking for the
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restaurant since peak restaurant use when alcohol would be served is after 5:00 pm or on
weekends when many of the other Ridge PUD uses, (offices, etc) would be closed.
Adjacent and internal roadway and intersection improvements were made as part of the
original Ridge PUD development.
6. Pedestrian and vehicular ingress and egress
Vehicles enter the Ridge PUD parking area from existing access points off from
Ferguson Avenue, Fallon and Ravalli Streets. Internal pedestrian circulation is provided
via sidewalks installed as part of the overall Ridge PUD. A 10’ wide shared use path has
been installed along Ferguson Avenue along the entire Ridge PUD frontage. Parking and
the primary entrance for WeeBee’s Cafe is west of the building, internal to the PUD.
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
No modifications to the approved landscaping plan are proposed.
8. Open space
None required.
9. Building location and height
No changes or modifications to the approved building under construction are being
proposed.
10. Setbacks
The applicants are not proposing any building modifications, therefore, no alterations are
proposed that would impact the previously approved setbacks.
11. Lighting
No changes to the approved lighting are proposed as part of this application.
12. Provisions for utilities, including efficient public services and facilities
The building will be serviced by water, sewer, stormwater and streets, and no changes are
proposed. The building is also provided with private utilities such as electric, natural gas
and phone service.
13. Site surface drainage
No alterations are proposed that would impact site surface drainage.
14. Loading and unloading areas
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No alterations are proposed that would impact loading and unloading areas.
15. Grading
Site grading will remain as approved as part of the Ridge PUD.
16. Signage
No new signage is proposed at this time. Any new signage requires a sign permit that
must be reviewed and approved by the Planning Department prior to installation.
17. Screening
No additional screening is required or proposed.
18. Overlay district provisions
The subject property is not located within an adopted overlay district.
19. Other related matters, including relevant comment from affected parties
As of the date of this report, one letter of expressing opposition was received from
Charles Stamey of Aspen Place Condos due to the proximity of this site to an elementary
school and traffic/drinking related concerns. Any correspondence received after the date
of this Staff Report will be distributed to the Commission at the public hearing.
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:
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;
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.
Not applicable.
Section 18.34.100 “City Commission Consideration and Findings for Conditional Use
Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a
conditional use permit, find 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.
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The site under consideration for the CUP was reviewed and approved for WeeBee’s Cafe
as part of the overall Ridge PUD project. This application would add the sale of beer and
wine to the site.
Staff has recommended a condition that any expansion of this use or facility, or the
expansion of outdoor seating, is not permitted unless reviewed and approved as required
under the applicable regulations of the Bozeman Municipal Code.
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.
With the conditions outlined by Staff, the proposal will not have adverse effects upon the
abutting properties. As previously indicated, one letter of expressing opposition was
received from Charles Stamey of Aspen Place Condos due to the proximity of this site to
an elementary school and traffic/drinking related concerns.
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: regulation of use; special yards, spaces and buffers; special
fences, solid fences and walls; surfacing of parking areas; requiring street, service
road or alley dedications and improvements or appropriate bonds; regulation of
points of vehicular ingress and egress; regulation of signs; requiring maintenance of
the grounds; regulation of noise, vibrations and odors; regulation of hours for
certain activities; time period within which the proposed use shall be developed;
duration of use; requiring the dedication of access rights; other such conditions as
will make possible the development of the City in an orderly and efficient manner.
The WeeBee’s use at this location, and the site design specifics, were evaluated and
approved as part of the original PUD.
Staff has identified several standard conditions that are recommended to protect the
health, safety and welfare as part of the cabaret license review. Please see the
“Recommended Conditions of Approval” section.
Attachments: Ridge PUD “Approved Uses”
2007 Aerial Photo
Applicant’s Submittal Materials
Report Sent To: David & Debra DeHaan Family LLC, 102-D Gallatin Drive, Bozeman, MT 59718
Bitnar Architects, 502 S. Grand Avenue, Bozeman, MT 59715
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