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HomeMy WebLinkAboutADDENDUM 3-22 Z12017.MTaleworksCUP.ccmemo.addendum.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner Tim McHarg, Planning Director SUBJECT: ADDENDUM to the Montana Ale Works Restaurant Outdoor Patio Seating/On Premise Consumption of Alcohol Conditional Use Permit application. MEETING DATE: March 26, 2012 AGENDA ITEM TYPE: Action (Quasi-Judicial Hearing) RECOMMENDATION: Staff recommends conditional approval of the Montana Ale Works Restaurant Outdoor Patio Seating/On Premise Consumption of Alcohol Conditional Use Permit application. The REVISED recommended conditions are listed below in this addendum. RECOMMENDED MOTION: I move to approve the Conditional Use Permit application Z- 12017 as described in the staff report and subject to the revised conditions as included in the staff report addendum, based on a finding of compliance with all applicable criteria. BACKGROUND: After completing the original staff report for the Montana Ale Works Outdoor Patio Seating/On Premise Consumption of Alcohol Conditional Use Permit application, the Planning Department was contacted by the property owner’s legal representative to discuss the recommended conditions of approval. Based upon these productive discussions, Staff recommends the following revisions to the original recommended conditions of approval: Revised Conditions of Approval 1. The “Long Term Mutual and Reciprocal Access, Parking, Utility Line Maintenance and Stormwater Drainage Easement” for shared-use parking between the properties addressed as 611 and 777 East Main Street shall be revised to include a provision that requires that the lessor or lessee to notify the City Planning Director if the agreement is defaulted on or nullified by either party, or otherwise expires. The revised, signed and recorded agreement shall be submitted with the final site plan application. No Change 2. The hours of operation for the outdoor patio area are limited to 11 p.m. seven days a week. No Change 3. All amplified noise and sound produced from inside or outside the building shall not be audible beyond the property lines immediate to the outdoor patio area (south, east and west) to the extent that such sound disturbs the quiet, comfort, or repose of any normally sensitive and reasonable person. This condition is recommended to be eliminated because potential noise impacts will be mitigated through enforcement of the noise regulations of the Bozeman Municipal Code. 4 3. Alcohol shall only be served within the interior spaces of the building as shown on the submitted floor plans in this application and within the perimeter of the outdoor patio area as shown on the submitted site/floor plans in this application. Alcohol shall not be served on the surrounding lawn and yard area outside of the perimeter of the outdoor patio area. This condition has been revised to provide greater clarity and to better reflect the intent, which is to prohibit service and consumption of alcohol on the surrounding lawn/grass areas. 5 4.The non-conforming exterior lights for the exterior signs on the building’s east and west elevations shall be modified or replaced with fixtures that conform to the requirements of the Bozeman Municipal Code’s Section 38.23.150. The applicant shall submit the specifications of the modifications to the existing lights or the new fixtures with the final site plan application. This condition has been revised to allow the option to add shields to the existing light fixtures rather than requiring the replacement of the existing light fixtures with new fixtures. 6. The non-conforming bike racks on the property must be replaced with a bike rack style that follows the recommendations of the Greater Bozeman Area Transportation Plan 2007 Update. The number of bicycle parking shall be at least 10 percent of the number of automobile parking stalls required prior to parking reductions. The applicant shall submit the specifications of the new bike racks with the final site plan application. This condition is recommended to be eliminated because no new bike racks are required as part of the Conditional Use Permit application. The property owner has acknowledged that any additional bike racks located on the site in the future will conform to the recommendations of the Transportation Plan. 7 5. A copy of the amended State Revenue Department liquor licenses for Montana Aleworks (611 East Main Street) that shows the addition of the outdoor patio area in the restaurant’s approved floor plan shall be submitted to the Department of Planning & Community Development prior to the sale of alcoholic beverages within outdoor seating areas. No Change 8 6. The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections 38.19.110.I and 38.34.160 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. No Change 9 7. 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. No Change 8. All previous conditions for the property’s original Conditional Use Permit for alcohol service for on-premise consumption and other site approvals not modified by this Conditional Use Permit will remain in full force and effect. This requirement was omitted from the original report by Staff in error. UNRESOLVED ISSUES: Staff is aware the applicant does not agree with recommended condition No. 2 regarding limiting the hours of operation for the outdoor patio. Staff continues to recommend this condition in order limit the potential noise impacts to adjoining properties and passers by. Though this property is located on Main Street, it is outside of the B-3 commercial core and located in a less intensive commercial area. ALTERNATIVES: The City Commission has the following alternative actions available: 1. Approve the application with the Staff revised conditions; 2. Approve the application with modifications to the Staff revised conditions; 3. Deny the application based on a finding of non-compliance with applicable criteria; or 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information. FISCAL EFFECTS: None identified at this time. Report compiled on: March 22, 2012 Attachments: None