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Z14363 Staff Report for the Zocalo Coffee House On-Premises Consumption
Conditional Use Permit
Date: City Commission Public Hearing February 23, 2015
Project Description: A Conditional Use Permit (CUP) application to allow on-premises
consumption of alcohol, through a beer and wine alcohol license, in the tenant space addressed as 117 East Main Street. The proposed on-premises consumption of alcohol (beer
and wine) triggers the requirement of the CUP.
Project Location: 117 East Main Street. The property is zoned B-3 (Central Commercial
District) and is legally described as East 14 feet of Lot 5, 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 Z14363 and move to approve the Zocalo Coffee House On-Premises Consumption Conditional Use Permit to allow on-premises consumption of alcohol, through a beer and wine alcohol license, in the tenant space addressed as 117 East Main
Street with recommended conditions and subject to all applicable code provisions.”
Report Date: Friday, February 13, 2015
Staff Contact: Allyson Brekke, Associate Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
A Conditional Use Permit (CUP) application was submitted to the Community Development Department for a building tenant space addressed as 117 East Main Street, which is located
within the Central Commercial District (B-3) zoning district. The CUP application is
requesting permission for on-premises consumption of alcohol, through a beer and wine
alcohol license, in the tenant space. Currently, the tenant space is operating as a coffee
restaurant. The requirement of the CUP is triggered solely due to the restaurant’s proposal to serve beer and wine alcoholic beverages for on-premises consumption. No exterior changes
to the site or building are proposed. No deviations or variances are requested with this
application.
At their February 11, 2015 meeting, the Development Review Committee meeting voted
unanimously to recommend approval of the CUP application with the recommended conditions and code provisions identified in this report.
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A more detailed zoning analysis can be found in Appendix A on page 14.
A more detailed project description can be found in Appendix B on page 14.
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 ...................................... 8
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 5 - STAFF ANALYSIS........................................................................................... 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 9
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 12
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 14
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 14
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 15
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 15
FISCAL EFFECTS ................................................................................................................. 15
ATTACHMENTS ................................................................................................................... 15
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SECTION 1 - MAP SERIES
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
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 alcohol license 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 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
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 38.19.110.I BMC describes the process for termination/revocation of a
conditional use permit approval:
1. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be
considered as terminated and of no further effect if:
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a. After having been commenced, the approved use is not actively conducted on the
site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional
use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.19.120
2. A conditional use which has terminated may be reestablished on a site by either, the
review and approval of a new conditional use permit application, or a determination
by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the
conditional use permit may be renewed on a site then any conditions of approval of
the original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through
the procedures outlined in section 38.34.160
d. Section 38.21.150.F states mechanical equipment must be screened if proposed in affiliation with the proposed use.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Zocalo Coffee House On-Premises CUP
File No.: Z14363
The Development Review Committee (DRC) considered the Conditional Use Permit application
to allow on-premises consumption of alcohol, through a beer and wine alcohol license, in the tenant space addressed as 117 East Main Street. The proposed on-premises consumption of
alcohol (beer and wine) triggers the requirement of the CUP. The DRC recommended
conditional approval at the February 11, 2015 meeting.
The City Commission is scheduled to hold a public hearing and review the application at their
February 23, 2015 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.
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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 “Commercial Core” in the Bozeman Community Plan. No conflicts
with the goals and objectives of the Bozeman Community Plan have been identified.
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 Code.” There are no known documented violations with the BMC for the
property.
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
interior changes associated with the change in use. 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 layout is proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Not applicable. No change in use is proposed. Parking demand does not change with the request for on-premises consumption of alcohol.
6. Pedestrian and vehicular ingress and egress
Primary pedestrian entrance is from Main Street. A secondary access is also supplied in the
rear of the building. No change is proposed to either entrance with the proposed on-premises
consumption.
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. No landscaping performance points required when located in B-3 zoning.
8. Open space
Not applicable. No residential uses are proposed with the application.
9. Building location and height
Not applicable. No exterior changes proposed to the existing building.
10. Setbacks
Not applicable. No exterior changes proposed to the existing building.
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11. Lighting
Not applicable. No exterior changes proposed to the existing building.
12. Provisions for utilities, including efficient public services and facilities
Per the required code 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 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.
14. Loading and unloading areas
Not applicable. No specific loading area proposed with this application.
15. Grading
Not applicable. No exterior changes proposed to the existing building.
16. Signage
Not applicable. Existing exterior signage already exists for the business. No 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 in the required 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.
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21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable because no residential component to the proposal.
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:
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 117 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. See the alcohol license map in the
map series which shows the distribution of state on-premises consumption of alcohol licenses close to the subject property. It was not surprising to see a collection of alcohol licenses in the historic downtown as alcohol is typically associated with hospitality type uses such as
restaurants.
The proposed area of on-premise consumption of alcohol in the tenant space is the same as
the existing restaurant serving area and is contained within the building.
There are adequate parking facilities, circulation, municipal services, and general improvement of the property to help accommodate the on-premises consumption of alcohol
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 on-premises consumption of alcohol in the existing coffee house at 117 East Main Street.
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 of approval and required code provisions on page 8, the application complies with the Unified Development Code.
Specifically, staff included condition of approval 3 allowing the City of Bozeman to revoke
the right to serve alcohol to patrons 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 possession of alcohol. Therefore, Staff finds the proposed on-premises consumption 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.
The proposed alcohol serving hours are proposed as 5 – 10 p.m. Staff doesn’t find it necessary to impose additional time limitations to the alcohol serving. 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
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provision b applies to this issue. A document to be recorded will be provided by the City
following preliminary approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The tenant space addressed as 117 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 117 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
A Conditional Use Permit (CUP) application was submitted to the Community Development Department for a building tenant space addressed as 117 East Main Street, which is located
within the Central Commercial District (B-3) zoning district. The CUP application is requesting
permission for on-premises consumption of alcohol, through a beer and wine alcohol license, in
the tenant space. Currently, the tenant space is operating as a coffee restaurant. The requirement
of the CUP is triggered solely due to the restaurant’s proposal to serve beer and wine alcoholic beverages for on-premises consumption.
No exterior changes to the site or building are proposed. No deviations or variances are requested
with this application. The applicant intends to keep the existing restaurant seating area as
currently laid out in the building. A secure area is provided in the basement for the alcohol
storage which is a requirement of the State of Montana.
At their February 11, 2015 meeting, the Development Review Committee meeting voted
unanimously to recommend approval of the CUP application with the recommended conditions
and code provisions identified in this report.
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