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HomeMy WebLinkAboutFresco Cafe Conditional Use Permit Report compiled on April 9, 2008 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner SUBJECT: Fresco Cafe Conditional Use Permit/Certificate of Appropriateness #Z-08038 MEETING DATE: Monday, April 14, 2008 RECOMMENDATION: That the City Commission approve the Fresco Cafe Conditional Use Permit with Certificate of Appropriateness Application No. Z-08038 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 200 N. 7th Avenue; (the current site of the Fresco Cafe). 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 203 CITY COMMISSION STAFF REPORT FRESCO CAFE CABARET LICENSE CUP/COA FILE NO. #Z-08038 #Z-08038 Fresco Cafe Cabaret License CUP/COA 1 Item: Zoning Application #Z-08038, a Conditional Use Permit and Certificate of Appropriateness application to allow a cabaret (beer and wine) license at the property located at 200 N. 7th Avenue, which is zoned B-2 (Community Business District). Property Owner: Myrna Reed 12 Perkins Drive Prescott, AZ 86301 Applicant/Representative: Fresco Cafe Inc. Susan and William Neubauer 200 N. 7th Avenue Bozeman, MT 59715 Date: Before the Bozeman City Commission on Monday, April 14, 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 subject property is located at 200 N. 7th Avenue and is legally described as 6’ W. side Lot 17, All of Lot 18 & E. 8’ of Lot 19 & 42 of Lot 22 & 26 Block E of Tracy 3rd Bozeman, City of Bozeman, Gallatin County, Montana. Please refer to the following vicinity map. 204 #Z-08038 Fresco Cafe Cabaret License CUP/COA 2 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 200 N. 7th Avenue; (the current site of the Fresco Cafe). No modifications to the building or lot are proposed and no deviations are requested. This application for 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-2 (Community 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 200 N. 7th Avenue 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: 1. 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. 2. 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. 3. 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. 4. 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. 5. Any expansion of this use or facility, or the addition of outdoor seating, is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. 205 #Z-08038 Fresco Cafe Cabaret License CUP/COA 3 6. 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 B-2 (Community Business District). The intent of the B-2 District is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. The subject property is surrounded on all sides by a mix of businesses including retail, services, restaurants and offices. All adjacent properties are zoned B-2. 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. 206 #Z-08038 Fresco Cafe Cabaret License CUP/COA 4 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 18.34.140 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. e. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. Necessary backflow prevention must be demonstrated for the existing water service line. 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 to the site or building are proposed at this time. The principal façade of the business faces N. 7th Avenue. No additional or change in signage has been 207 #Z-08038 Fresco Cafe Cabaret License CUP/COA 5 proposed. This property has been utilized as a deli/cafe for approximately the last eight years. There have been no registered complaints or demonstrated problems with this use or location. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions Restaurants require 1 space per 50 square feet of indoor public serving area. The indoor public serving area is approximately 222 square feet. Thus, 4.44 parking spaces are required. Nine on-site parking spaces are currently provided which are shared between this use and Title Cash which occupies the building space to the immediate north. A review of the Title Cash business indicates that 3 spaces are required based on floor area. A discussion with the Title Cash operator indicates that at most 2 customer spaces are utilized. In addition, as demonstrated on the attached aerial photo, substantial on-street parking is available on W. Lamme and W. Beall Streets, (and other proximate streets), with connecting sidewalks to this business. Thus, parking is sufficient for this use and no specific parking problems for this business have been demonstrated that would be compounded with the issuance of a cabaret license. 6. Pedestrian and vehicular ingress and egress Vehicles enter the parking lot primarily from Lamme Street and exit onto N. 7th. The existing sidewalks along all adjacent streets provide pedestrian connection to all adjacent areas and nearby on-street parking areas. 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 being proposed. The applicants are proposing to utilize the same cafe configuration that currently occupies this space; a cabaret license is merely being added at the location of the existing establishment. 10. Setbacks The applicants are not proposing any building modifications, therefore, no alterations are proposed that would impact setbacks. 208 #Z-08038 Fresco Cafe Cabaret License CUP/COA 6 11. Lighting No changes to lighting are proposed as part of this application. 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 must be reviewed and approved by the Planning Department prior to installation. 17. Screening No additional screening is required or proposed. The applicant handles refuse disposal via individual household type containers off the back of the building due to the narrow alley configuration and lack of space for a dumpster or dumpster enclosure. While these individual containers are visible from W. Lamme, screening would be impractical and garbage enclosures are not required for dumpsters accessed via an alley (18.42.170.C) unless feasible and required as part of Design Objectives Review. 18. Overlay district provisions The subject property is located within the Neighborhood Conservation Overlay District and the N. 7th Avenue Entryway Corridor. However, no exterior changes are being 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, no letters or public comment has been submitted to the 209 #Z-08038 Fresco Cafe Cabaret License CUP/COA 7 Planning Department. Letters 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. The site is currently being used as a cafe without any reported conflicts or complaints. This application would merely add the sale of alcohol to the site. The Engineering Department has indicated that any upgrades to the site accesses, parking or drive aisles are not warranted based on the proposal and the lack of demonstrated problems. Staff has recommended a condition that any expansion of this use or facility, or the addition 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, 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 210 #Z-08038 Fresco Cafe Cabaret License CUP/COA 8 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 applicant has submitted a copy of their menu which indicates that their days and hours of operation are Monday –Saturday from 11 am to 9 pm. Again, due to the lack of complaints or demonstrated problems for the existing use, staff has not proposed any special condition(s) pertaining to the hours of operation. In addition, a condition has been recommended that any expansion of this use or facility, or the addition of outdoor seating, is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. Staff has identified several conditions that are recommended to protect the health, safety and welfare. Please see the “Recommended Conditions of Approval” section. Attachments: Aerial Photo Applicant’s Submittal Materials Report Sent To: Fresco Cafe Inc., Susan and William Neubauer, 200 N. 7th Avenue, Bozeman, MT 59715 Myrna Reed, 12 Perkins Drive, Prescott, AZ 86301 211 212 213 214 215 216 217 218 219 220 221 222 223 224