HomeMy WebLinkAbout5-12-08_Starky's Deli Cabaret Conditional Use Permit
Memo compiled on May 7, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Starky’s Deli Cabaret Conditional Use Permit/Certificate of
Appropriateness #Z-08062
MEETING DATE: Monday, May 12, 2008
RECOMMENDATION: That the City Commission approves the Starky’s Deli Cabaret
Conditional Use Permit with Certificate of Appropriateness Application No. Z-08062 with the
conditions of approval as outlined in the attached Staff Report.
BACKGROUND: The applicant has submitted a Conditional Use Permit with Certificate of
Appropriateness application to allow the existing establishment to obtain a cabaret (beer and
wine) license at 229 East Main Street (the current site of the Starky’s Deli).
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 Allyson Bristor at abristor@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
STARKY’S DELI CABARET CUP/COA FILE NO. #Z-08062
#Z-08062 Starky’s Deli Cabaret License CUP/COA
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Item: Zoning Application #Z-08062, a Conditional Use Permit and
Certificate of Appropriateness application to allow a cabaret (beer
and wine) license at the property located at 229 East Main Street,
which is zoned B-3 (Central Business District).
Property Owner: Chinook Properties LLC
c/o Leandra S. Pope
66 Hickory Kingdom Road
Bedford, NY 10506
Applicant: Starky’s Authentic Delicatessen
Authentic Ventures LLC
229 East Main Street
Bozeman, MT 59715
Date: Before the Bozeman City Commission on Monday, May 12, 2008 at
6:00 p.m in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana.
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is located at 229 East Main Street and is legally described as East 20’ 3 ½” of Lot
8, Lot 9, West 8.63’ of Lot 10, Block D, Original Townsite, 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) and Certificate of Appropriateness (COA) application to allow a
cabaret (beer and wine) license for the property located at 229 East Main Street (the current site of the
Starky’s Deli). No modifications to the building or lot are proposed and no deviations are requested.
This application is a CUP as a cabaret license falls under the category of sales of alcohol for on-premise
consumption in the Unified Development Ordinance, which is a conditional use in the B-3 (Central
Business District).
RECOMMENDATION
The Development Review Committee (DRC) has reviewed the CUP and COA application to allow a
cabaret license at the property located at 229 East Main Street 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 adopted Growth Policy and
the City of Bozeman Unified Development Ordinance. The following conditions of approval are
recommended:
Planning
1. The exterior lighting on the exterior projecting sign must be brought up to City standards, as
described in Section 18.42.150 of the Bozeman Unified Development Ordinance.
2. The periodic outdoor seating installed on the sidewalk in front of the business, and/or beer or
wine consumption on the sidewalk in front of the Starky’s Deli on East Main Street, is not
permitted unless reviewed and approved as required under the Bozeman Unified Development
Ordinance and City Sidewalk Café Ordinance No. 1692.
3. 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.
4. 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.
5. The right to serve alcohol to outdoor 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.
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6. 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.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property is zoned B-3 (Central Business District). The intent of the B-3
District is to provide a central area for the community’s business, government service and cultural
activities.
The subject property is surrounded on all sides by a mix of downtown businesses including retail,
services, restaurants and offices. All adjacent properties are zoned B-3.
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as “Community Commercial” in the Bozeman 2020 Community Plan.
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 service activities
including retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. The density of development is expected to be higher in this area than in
other commercial areas in Bozeman.
REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit and
Certificate of Appropriateness 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). This project does not meet the thresholds established by Chapter 18.62 to warrant
evaluation by the Design Review Board (DRB).
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 development proposal is in conformance with the Bozeman 2020 Community Plan
including the “Community Commercial” land use designation.
2. Conformance to this title, including the cessation of any current violations
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:
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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 18.34.140 states that a building permit must be obtained prior to any
construction, and must be obtained within one year of final site plan approval.
Building permits will not be issued until the final site plan is approved.
d. The Final Site Plan shall be adequately dimensioned. A complete legend of all
line types used shall also be provided.
3. Conformance with all other applicable laws, ordinances, and regulations
The proposal conforms to all other applicable laws, ordinances, and regulations. All
conditions for a Conditional Use Permit and Site Plan with Certificate of Appropriateness
must be met prior to Final Site Plan approval. The plans will be further evaluated against
the requirements of the International Building Code if an application is made for a
Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
No exterior modifications are proposed at this time. The principal façade of the business
faces East Main Street. No additional signage has been proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
No additional parking will be required. Three parking spaces exist on the property
behind the building, off the rear alley. Parking is allocated for this use per the downtown
parking SID 565. In addition, on-street parking is available on Main Street, Mendenhall
Street and other proximate streets. Thus, parking is sufficient for this use and no specific
parking problems for this use have been demonstrated that would be compounded with
the issuance of a cabaret license.
6. Pedestrian and vehicular ingress and egress
Primary pedestrian ingress and egress occurs from the pedestrian sidewalk along Main
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Street. A secondary pedestrian access is located at the rear of the building.
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 existing landscaping are proposed.
8. Open space
None required.
9. Building location and height
No changes or modifications to the existing building are proposed. The applicants are
proposing to utilize the same restaurant configuration that currently occupies this space; a
cabaret license is merely being added at the location of the existing restaurant.
10. Setbacks
The applicants are not proposing any building modifications, therefore, no alterations are
proposed that would impact setbacks.
11. Lighting
In the conditions of approval, a requirement to fix the non-conforming lights above the
projecting sign, is included.
12. Provisions for utilities, including efficient public services and facilities
The building is currently serviced by existing 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
No alterations are proposed that would impact loading and unloading areas.
15. Grading
Site grading will remain the same.
16. Signage
No new signage is proposed at this time. Any new signage requires a sign permit that
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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 located within the Neighborhood Conservation Overlay District.
However, no exterior alterations to the building are proposed at this time. The applicant is
on notice that any future exterior modifications to the building, including the addition of
signage, will require a Certificate of Appropriateness (COA).
19. Other related matters, including relevant comment from affected parties
As of the date of this report, one letter of public comment was submitted to the
Department of Planning. Letters received after the date of this Staff Report will be
distributed to the Commission at the public hearing.
The letter was submitted by R.L. Sanks, 1201 Highland Blvd, Apt. D309, Bozeman,
Montana. Mr. Sanks owns the building located at 221 East Main Street and expresses
concerns about the cabaret license bringing disrespectful patrons to the downtown area.
Planning Staff relies on the independent business to abide by state alcohol purchasing
laws and for the orderly conduct of their patrons. This restaurant is not open in the
evening hours.
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 is currently being used for a restaurant without any reported conflicts or
complaints. This application would merely add the sale of alcohol to the site.
Staff has recommended a condition regarding the periodic outdoor seating installed on
the sidewalk in front of the business, and/or beer or wine consumption on the sidewalk in
front of the Starky’s Deli along East Main Street. This feature is not permitted unless
reviewed and approved as required under the City of Bozeman Unified Development
Ordinance and City Sidewalk Café Ordinance No. 1692.
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, the Planning Department has not received
any public comment regarding this proposal.
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.
Staff has identified several conditions that are recommended to protect the health, safety
and welfare. Please see the “Recommended Conditions of Approval” section.
Attachments: Applicant’s Submittal Materials
Report Sent To: Chinook Properties LLC, 66 Hickory Kingdom Road, Bedford, NY 10506
Starky’s Authentic Delicatessen, Authentic Ventures LLC, 229 East Main Street
Bozeman, MT 59715
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