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HomeMy WebLinkAboutGallatin Valley Vineyards Conditional Use Permit_10Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 1 of 11 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. 220 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 2 of 11 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 ................................................................................................................... 11 221 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 3 of 11 SECTION 1 - MAP SERIES 222 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 4 of 11 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 223 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 5 of 11 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. 224 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 6 of 11 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 225 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 7 of 11 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: 226 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 8 of 11 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. 227 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 9 of 11 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. 228 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 10 of 11 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. 229 Z14125, Staff Report for Gallatin Valley Vineyards CUP Page 11 of 11 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 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 Front Elevation 245 Front Elevation 246 113 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 2 247 248 249 Parking Needs calculation: Serving area = 532 Sq. Feet 532 Sq. Ft / 50 = 10.64 Parking spaces needed 11 250 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 251 252