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Z14101 Staff Report for the Gallatin Valley Vineyards Conditional Use
Permit
Date: City Commission Public Hearing September 8, 2014
Project Description: A Conditional Use Permit (CUP) application to allow alcohol wine
production (artisan manufacturing use) with an attached tasting room with retail sales and on premises consumption of alcohol in the building tenant space addressed as 113 East Main
Street. The CUP is required for the on-premise consumption of alcohol in a B-3 zoning
district.
Project Location: 113 East Main Street. The property is zoned B-3 (Central Business
District) and is legally described as the east 2.5 feet of Lot 2 and all of Lots 3 & 4, Block E, Original Townsite, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions and code provisions.
Recommended Motion:
“Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for application Z14125 and move to approve the Gallatin Valley Vineyards conditional use
permit to allow alcohol wine production (artisan manufacturing use) with an attached
tasting room with retail sales and on-premises consumption of alcohol in the building
tenant space addressed as 113 East Main Street with recommended conditions and subject
to all applicable code provisions.”
Report Date: Thursday, August 28, 2014
Staff Contact: Allyson Brekke, Neighborhood Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
Gallatin Valley Vineyards has submitted an application requesting approval of alcohol wine
production (artisan manufacturing use) with an attached tasting room with retail sales and on
premises consumption of alcohol in the building tenant space addressed as 113 East Main Street. The tenant space is one of several within the building addressed as 107-113 East Main Street.
The tenant space addressed as 113 East Main Street is zoned as “B-3” (Central Business
District) and is designated as “Community Core” within the Bozeman Community Plan. A
conditional use permit is required for the proposed on premise consumption of alcohol in a B-3 zoning district.
The application does not require a Certificate of Appropriateness because no exterior
alterations are proposed. No deviations or variances are requested with this application.
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At their August 20, 2014 meeting, the Development Review Committee meeting voted
unanimously to recommend approval of the conditional use permit application with the
recommended conditions and code provisions identified in this report.
A more detailed project description can be found in Appendix B.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 4
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 4
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 5 - STAFF ANALYSIS........................................................................................... 5
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 5
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC ................ 7
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 10
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 10
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 11
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 11
FISCAL EFFECTS ................................................................................................................. 11
ATTACHMENTS ................................................................................................................... 11
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SECTION 1 - MAP SERIES
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Community Development Conditions:
1. 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.
2. A copy of the State Revenue Department liquor licenses for the establishment shall be
submitted to the Department Community Development prior to the sale of alcoholic
beverages. 3. 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. 4. 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.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
Community Development Code Provisions:
a. Section 13.12.322 BMC the Water/Sewer Superintendent is requiring an inspection of
your water service to determine whether the water service has backflow protection and if
such protection is installed that the device is appropriate for the level of use for the
facility. If the service has been found without backflow protection the applicant will have a preventer and expansion tank installed. If the existing device does not provide adequate
protection, the applicant will be required to replace the preventer with a preventer that is
designed to provide adequate protection. Please call the Water Department’s Backflow
specialist at 582‐3200 to arrange an inspection of the water service.
b. Section 38.19.110.F BMC 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 38.28.080 states that a comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant
spaces on a lot or two or more lots subject to a common development permit or plan. A
comprehensive sign plan shall not be approved unless it is consistent with this article, the
underlying zoning regulations applicable to the property and any discretionary
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development permit or plan for the property. The plan should include the size and
location of buildings and the size and location of existing and proposed signs. The
purpose of the plan is to coordinate graphics and signs with building design. The
coordination shall be achieved by:
1. Using the same type of cabinet supports or method of mounting for signs of the
same type; using the same type of construction for components, such as sign
copy, cabinet and supports; using other types of integrating techniques, such as
common color elements, determined appropriate by the review authority. 2. Using the same form of illumination for all signs, or by using varied forms of
illuminations determined compatible by the review authority.
d. Section 38.21.150.F states mechanical equipment must be screened.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Gallatin Valley Vineyards CUP
File No.: Z14125
The Development Review Committee (DRC) considered the conditional use permit application
to allow alcohol wine production (artisan manufacturing use) with an attached tasting room with
retail sales and on premises consumption of alcohol in the building tenant space addressed as 113 East Main Street. The DRC recommended conditional approval at the August 20th meeting.
The City Commission is scheduled to hold a public hearing and review the application at their
September 8, 2014 meeting.
SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy
The proposed application as conditioned is in compliance with this criterion. The Future
Land Use designation is “Community Core” in the Bozeman Community Plan.
For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
The application will conform to Bozeman Municipal Code (BMC) Chapter 38 “Unified
Development Ordinance.” There are no known documented violations with the BMC for the
property.
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3. Conformance with all other applicable laws, ordinances, and regulations
Following final plan approval, the plans will be further evaluated against the requirements of
the International Building Code at the time application is made for a building permit for the
residence, including the accessory dwelling unit. Conditions of approval address coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property
Not applicable. No change to the existing building and site plan.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Parking analysis for the entire building that contains the 113 East Main Street tenant space
shows that a total of 7 spaces are required for all tenant spaces. This is largely due to a
parking reduction available in Section 38.25.040.A.2.c(5) BMC, which states “the first 3,000
gross square feet of a nonresidential building within the B-3 district is not required to provide
parking.” The entire upper floor office use has a total area of 2,880 square feet, which is therefore, not required to provide parking. The remaining retail and restaurant tenant spaces
have additional parking reductions that may apply (reduction for the use, proximity to
parking garage and proximity to transit stop), creating a parking demand of just 7 spaces.
The building paid for 8.3 parking spaces in the downtown parking SID, so parking is
satisfied for the entire building.
6. Pedestrian and vehicular ingress and egress
The primary pedestrian entrance is along Main Street and provides a clear entrance for the
tenant space.
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
Not applicable. Per Section 38.26.060 BMC, no landscaping is required for the “core area”
of the B-3 zoning district.
8. Open space
Not applicable. No residential uses are proposed with the application.
9. Building location and height
Not applicable. No change to the existing building and site plan.
10. Setbacks
Not applicable. No change to the existing building and site plan.
11. Lighting
No lighting proposed.
12. Provisions for utilities, including efficient public services and facilities
Per the Community Development provision a, the Water/Sewer Superintendent is requiring
an inspection of your water service to determine whether the water service has backflow
protection and if such protection is installed that the device is appropriate for the level of use for the facility. If the service has been found without backflow protection the applicant will
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have a backflow preventer and expansion tank installed. If the existing device does not
provide adequate protection, the applicant will be required to replace the preventer with a
preventer that is designed to provide adequate protection. Please call the Water Department’s
Backflow specialist at 582‐3200 to arrange an inspection of the water service.
14. Loading and unloading areas
Loading areas occur to the rear of the building off the rear alley.
15. Grading
Not applicable. No change to the existing building and site plan.
16. Signage
Per the cited Community Development code provision c, a comprehensive sign plan will be required for the business and building when new signage is proposed.
17. Screening
Any mechanical equipment not shown on the preliminary plan materials that may be
proposed later must be screened per the municipal code. This is cited as Community
Development Department code provision d.
18. Overlay district provisions
The application does not require a Certificate of Appropriateness because no exterior
alterations are proposed.
19. Other related matters, including relevant comment from affected parties
No public comment was received in regards to this project. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members.
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:
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
or
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.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
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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 tenant space located at 113 East Main Street exists and is located within a building within a diverse commercial downtown district and within direct proximity of other
establishments with on-premises consumption of alcohol. The proposed production of
alcohol on site will occur entirely indoors and is not anticipated to produce fumes, odors,
noise, or other nuisances. The proposed area of on-premise consumption of alcohol is small
scale and is appropriately contained within the building. Staff has not identified any special conditions of approval related to the addition of sales and on premises consumption of
alcohol produced on site. Therefore, Staff finds the site adequate in size and topography to
accommodate an artisan manufacturing use and tasting room.
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 Community Development recommended conditions and cited code provisions on
page 4, the application generally complies with the Unified Development Ordinance. There
are adequate parking facilities, circulation, municipal services, and general improvement of
the property. Staff believes the proposed artisan manufacturing use and the wine tasting room will have no material adverse effect upon abutting properties.
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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:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate
bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. 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 and findings within this report.
F. In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and will be required prior to approval of the final plan. Community Development cited code
provision b applies to this issue. A document to be recorded will be provided by the City
following preliminary approval.
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The tenant space addressed as 113 East Main Street is
zoned as “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. Uses within this
district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. It is the intent of this district to encourage high volume, pedestrian-oriented uses in
ground floor space in the "core area" of the city's central business district, i.e., along Main Street
from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower
volume pedestrian uses such as professional offices may locate on ground floor space in the B-3 area outside the above-defined core.”
Adopted Growth Policy Designation: The tenant space addressed as 113 East Main Street is
designated as “Community Core” future land use in the Bozeman Community Plan. The Plan
states “The traditional core of Bozeman is the historic downtown. This area has an extensive
mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on
upper floors is well established. New residential uses should be high density. The area along
Main Street should be preserved as a place for high pedestrian activity uses, with strong
pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent
areas and preserving the historic character of Main Street.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description
Gallatin Valley Vineyards has submitted an application requesting approval of alcohol wine
production (artisan manufacturing use) with an attached tasting room with retail sales and on
premises consumption of alcohol at the property addressed as 113 East Main Street. The tenant space is one of several within the building addressed as 107-113 East Main Street.
The tenant space addressed as 113 East Main Street is zoned as “B-3” (Central Business
District) and is designated as “Community Core” within the Bozeman Community Plan. A
conditional use permit is required for the proposed on premise consumption of alcohol in a
B-3 zoning district.
Artisan manufacturing use is defined in Chapter 38 of the Bozeman Municipal Code (BMC)
as “production of goods by the use of hand tools or small-scale, light mechanical equipment
occurring solely within an enclosed building where such production requires no outdoor
operations or storage, and where the production, operations, and storage of materials related
to production occupy no more than 3,500 square feet of gross floor area.” The application’s proposal for less than 100 square foot area of wine production (bottling, blending, etc.) falls
within this use category. Artisan manufacturing is a principal use and permitted outright in
the B-3 zoning district.
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The application does not require a Certificate of Appropriateness because no exterior
alterations are proposed. No deviations or variances are requested with this application.
At their August 20, 2014 meeting, the Development Review Committee meeting voted
unanimously to recommend approval of the conditional use permit application with the recommended conditions and code provisions identified in this report.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice will be published in the Bozeman Daily Chronicle on August 24 and 31, 2014. In addition, notice was posted on site on August 22, 2014.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owners/Applicants: Arnold’s Rainbow, Inc., 2545 Bergamont Ct., Bozeman, MT
Gallatin Valley Vineyards, 702 N. 19th Avenue, #2E, Bozeman,
MT 59718
Brett Archer, 330 Timberview Circle, Bozeman, MT 59718
Report By: Allyson Brekke, Neighborhood Planner
Dustin Johnson, Development Review Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application. ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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Front Elevation
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Front Elevation
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113 East Main Legal Description:
Category: RP Sub Category: Real Property
Geo Code: 06-0799-07-2-12-04-0000 Assessment code: 000RGH5048
Primary Owner: Arnolds Rainbow inc – 2545 Bergamot Ct Bozeman MT 59715
Property Address 107-113 E Main st Bozeman MT 59715 Subdivision: Bozeman Original Plat
Legal Description: Bozeman Original Plat, S07, T02 S, R06 E, BLOCK E, LOT 3-4, & 3 ½ ES LOT 2
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Parking Needs calculation:
Serving area = 532 Sq. Feet
532 Sq. Ft / 50 = 10.64
Parking spaces needed 11
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Brett Archer
Gallatin Valley Vineyards
113 E. Main
Bozeman, MT 59715
July 29, 2014
City of Bozeman Department of Community Development
Allyson Brekke
20 E. Olive Street
Bozeman, MT 59715
City of Bozeman Department of Community Development:
The project/business we would like to conduct as Gallatin Valley Vineyards at 113 E. Main in Bozeman is a
Wine and cheese tasting room. We would like to blend, bottle and develop wines to be provided to the public
through our location at 113 E. Main. We plan to offer tastings as well as full pours in our business. We will be
offering educational workshops for people that are interested in learning about our wines and wines in
general. The business model from the public perspective will be much like a coffee shop in that people can
come in and sit for a while and relax or meet with colleagues over a glass of wine and a cheese board. We do
not anticipate or plan to cater to the younger “bar” crowd in our business. We plan to operate a calm and
serene business dedicated to the enjoyment, relaxation and education of our guests. Another element to our
business will be cheese sales in which we plan to sell local and imported (from other US states) cheeses.
It is our intention to do everything in our power to utilize as many local ingredients and processes as possible
in this business and use it as a means to support the Bozeman economy.
Sincerely,
Brett Archer
Co-Founder
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