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HomeMy WebLinkAboutSola Cafe Conditional Use Permit No. Z-09069 Report compiled on June 17, 2009 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner SUBJECT: Sola Cafe Conditional Use Permit #Z-09069 MEETING DATE: Monday, June 22, 2009 RECOMMENDATION: That the City Commission approve the Sola Cafe Conditional Use Permit Application No. Z-09069 with the conditions of approval as outlined in the attached Staff Report. BACKGROUND: The applicant has submitted a Conditional Use Permit application to allow the existing establishment to obtain a cabaret (beer and wine) license at 290 W. Kagy Boulevard, Unit A; (the current site of the Sola Cafe). This business is located within the South Towne Square development which was approved through Site Plan Review (Project #Z-07051) by the City Commission in 2007. Due to the City Commission’s review and approval of the South Towne Square development, City Commission review of the Conditional Use permit (CUP) was also deemed appropriate. The current proposal is to add a cabaret license (for on-site consumption of beer and wine) to the business. The Sola Cafe currently holds a “off premise” license for the sale of packaged beer and wine that was issued by the State Liquor Control Division on 12/17/2008 which did not require specific City review and approval. No exterior modifications are proposed as part of this application. 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, Public Comment 288 CITY COMMISSION STAFF REPORT SOLA CAFE CABARET CUP FILE NO. #Z-09069 #Z-09069 Sola Café Cabaret CUP Staff Report 1 Item: Conditional Use Permit Application #Z-09069 to allow a cabaret (on premise consumption of beer and wine) license on the property located at 290 W. Kagy Boulevard, Unit A, which is zoned B-1 - Neighborhood Business District. Property Owner: Level Investors, LLC 1230 Higuera St. San Luis Obispo, CA 93401 Applicant: Sola Café, LLC (Tiffany Lach) 290 W. Kagy Blvd., Unit A Bozeman, MT 59715 Date: City Commission Hearing: Monday, June 22 2009 at 6:00 p.m. Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Doug Riley, Associate Planner Recommendation: Conditional Approval ____________________________________________________________________________________ PROPOSAL Conditional Use Permit #Z-09069 is a request to allow a cabaret (beer and wine) license on the property located at 290 W. Kagy Boulevard, Unit A, (the current site of the Sola Café), in the South Towne Square, which is zoned B-1- Neighborhood Business District. The Sola Café is located within the South Towne Square development which was approved through Site Plan Review (Project #Z-07051) by the City Commission in 2007. Due to the City Commission’s review and approval of the South Towne Square development, City Commission review of the Conditional Use permit (CUP) was also deemed appropriate. The current proposal is to add a cabaret license (for on-site consumption of beer and wine) to the existing business. The Sola Café currently holds a “off premise” license for the sale of packaged beer and wine that was issued by the State Liquor Control Division on 12/17/2008 which did not require specific City review and approval. The proposal to add an on-site consumption beer and wine license triggers the requirement for CUP review and approval by the City. No exterior modifications are proposed as part of this application. PROJECT LOCATION The subject business is located on the west end of the South Towne Square complex on the corner of Kagy Boulevard and South 3rd Avenue. The site is legally described as Third Ave Condo Master, Thompsons 3rd Add Rearr Amnd, Unit A, Lot 3A, Blk 4, Sec. 18, T2S, R6E, Less HWRW, Plat G10A, 289 #Z-09069 Sola Café Cabaret CUP Staff Report 2 City of Bozeman, Gallatin County, Montana. The zoning designation for said property is B-1 (Neighborhood Business District). The property is designated as Community Commercial Mixed Use in the Bozeman 2020 Community Plan. Please refer to the vicinity map provided below. RECOMMENDATION The City of Bozeman Department of Planning and Community Development and the Development Review Committee (DRC) have reviewed the Conditional Use Permit application and as a result recommend 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 Title 18, BMC, which are applicable to this project, prior to receiving final approval. 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. RECOMMENDED CONDITIONS OF APPROVAL The Planning and Community Development Department and the DRC find that the application, with conditions, is in general compliance with the adopted Growth Policy and Title 18, BMC. The following project specific 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. 290 #Z-09069 Sola Café Cabaret CUP Staff Report 3 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. ZONING DESIGNATION & LAND USES The property is zoned B-1 (Neighborhood Business District). The intent of the B-1 district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Development scale and pedestrian orientation are important elements of this district. The following land uses and zoning are adjacent to the subject property (the overall South Towne Square property): North: Commercial use, zoned “B-1” (Neighborhood Business District) South: Residential use, zoned “R-1” (Residential Single Household Low Density District) East: Residential use, zoned “R-1” West: Vacant, unannexed County land ADOPTED GROWTH POLICY DESIGNATION The Future Land Use Map of the recently updated Bozeman 2020 Community Plan designates the subject property to develop as “Community Commercial Mixed Use”. (Note: Previously this site was designated as “Neighborhood Commercial”). Activities within the Community Commercial Mixed 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…The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10- 15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and 291 #Z-09069 Sola Café Cabaret CUP Staff Report 4 scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. REVIEW CRITERIA & STAFF FINDINGS The Development Review Committee (DRC) has reviewed the CUP application to allow a cabaret license at the property located at 290 W. Kagy Avenue, Unit A, and as a result recommends to the City Commission approval of said application with the conditions and code provisions outlined in this Staff Report. The Planning and Community Development Office has reviewed the application for a Conditional Use Permit against the relevant chapters of Title 18, BMC and as a result offers the following summary review comments. SECTION 18.34.100 “CITY COMMISISON/BOARD OF ADJUSTMENT CONSIDERATION AND FINDINGS FOR CONDITIONAL USE PERMITS” In addition to the review criteria below, 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. This location is currently being used for as a cafe without any reported conflicts or complaints. The existing building this use is located within was reviewed and approved through site plan review by the City Commission in 2007. The existing business currently has a “off premise” license for the sale of packaged beer and wine that was issued by the State Liquor Control Division on 12/17/2008. The proposal is to now add a license for on-premise consumption. The site is adequate to accommodate the proposed cabaret license use. The one note that Planning Staff would like to make is in relation to the overall build out of the South Towne Square development. This development was planned and approved for retail uses on the ground floor and office uses on the second floor for all buildings except for a small coffee use with drive through located at the location of this request. Since the initial approval of the project, the development has attracted allowed B-1 uses with a higher parking demand than the retail and office uses originally anticipated on site. As such, Planning Staff has advised the developer that their entitlement to construct a fifth building on site may be jeopardized if this trend continues. In particular, we can envision a scenario when all (or most) of the available on- site parking is allocated to uses in Buildings 1-4, leaving little or no opportunity construct a fifth building on site. Allowed reductions in parking for projects within the neighborhood commercial growth policy designation have increased since the project approval in 2007, but staff has reservations as to whether the project, at full build out, can functionally support continued higher intensity uses. At the time of building permit approval to construct building #5, staff has advised the developer that we will need to see a detailed parking analysis for all existing uses at South Towne Square, 292 #Z-09069 Sola Café Cabaret CUP Staff Report 5 reflecting the parking requirements in place at that time, to confirm that the amount of parking spaces provided on site is adequate to support this final building (or a smaller version of it). See the June 5, 2009 letter from staff to the developer included at the end of this report. 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 has received one letter, as of the writing of this report, urging denial of the cabaret license due to neighborhood impacts and traffic concerns. The letter is included in the packets. Following review of the proposed application with the inclusion of the recommended conditions, staff finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise. 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, 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. SECTION 18.34.090 “SITE PLAN REVIEW CRITERIA” In considering applications for a conditional use permit for a cabaret license for the on-premise consumption of beer and wine, the City Commission/Board of Adjustment, the DRC, and when appropriate, the ADR staff shall review the application against the Site Plan Review requirements of 18.34.090 as follows: 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 Mixed Use” 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: 293 #Z-09069 Sola Café Cabaret CUP Staff Report 6 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 18.38.050.F requires that roof mounted mechanical equipment and ground mounted mechanical equipment visible from public right-of ways be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. Conformance with all other applicable laws, ordinances, and regulations All other applicable laws, ordinances, and regulations must be followed. All conditions for a Site Plan and Conditional Use Permit must be met prior to final approval. 3. Relationship of site plan elements to conditions both on and off the property No exterior modifications are proposed at this time. The use of this property for a café/ restaurant type use has been reviewed and approved under a past application under Project #Z-07051 and permits for specific tenant improvements within the building through the Planning and Building Departments. 4. The impact of the proposal on the existing and anticipated traffic and parking conditions No additional parking will be required. Parking for this use exists on site and has been reviewed and approved as part of the previously referenced project review. 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. However, as previously noted earlier in this staff report, the overall parking allocation for the entire South Towne Square development is being consumed at a larger rate than originally anticipated, (based on the type of uses occupying the buildings), This may jeopardize further development on the site. 5. Pedestrian and vehicular ingress and egress 294 #Z-09069 Sola Café Cabaret CUP Staff Report 7 As noted above, vehicular access to the site will not be modified. Pedestrian ingress and egress is proposed to remain unchanged. The site is considered a conforming site plan under the original building approval. 6. 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. 7. Open space None required for this project. 8. Building location and height No physical alterations are proposed for the existing building. The location and building height will remain unchanged. 9. Setbacks This proposed use is within an existing building. All setbacks on site are considered legal and conforming. 10. Lighting No changes to lighting are proposed as part of this application. 11. Provisions for utilities, including efficient public services and facilities No changes to the sewer and water connections or private utilities are proposed. 12. Site surface drainage No changes to the site surface drainage are proposed. 13. Loading and unloading areas No alterations are proposed that would impact loading and unloading areas. 14. Grading No new grading is anticipated on site. 15. 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. 295 #Z-09069 Sola Café Cabaret CUP Staff Report 8 16. Screening The only screening consideration for this use is the roof mounted commercial kitchen vent/exhaust. This screening may need to be addressed following the City Commission’s decision on the Request for Classification of Use Decision regarding these types of units. 17. Overlay district provisions N/A as the subject property is not located within an overlay district. 18. Other related matters, including relevant comment from affected parties One letter objecting to the issuance of the cabaret license has been received and is included in the City Commission packet. Any comments received after the date of this staff report will be distributed to the City Commission at the public hearing. 19. 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. Attachments: June 5, 2009 letter from Planning Staff to Kailo II Corporation Applicant’s Submittal Materials Public Comment Report Sent To: Sola Café, LLC, Attn: Tiffany Lach, 290 W. Kagy Blvd., Unit A, Bozeman MT 59715 Level Investors, LLC, 1230 Hiquera St., San Luis Obispo, CA 93401 Kailo II Corporation, 3805 Valley Commons Drive, Suite 12, Bozeman, MT 59718 296 297 298 299 300 301 302 303 304 305 306 307