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HomeMy WebLinkAbout21-019 01 Aspen Crossing SUP Staff Report Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 1 of 12 Application No. 21019 Type Special Use Permit Project Name Aspen Crossings SUP Summary A Special Use Permit (SUP) to allow sales of alcohol for on premise consumption for two restaurants and outdoor patio areas on the first floor of the Midtown at Aspen Crossings Mixed Use Building within the B-2M (Community Business Mixed) zoning district. Zoning B-2M Growth Policy Community Commercial Mixed Use Parcel Size 42,971 square feet Overlay District(s) N/A Street Address 515 W. Aspen Street Legal Description Lots 11-15 & Adjoining Vacated Alleys, Block 2 of North Seventh Addition and Lots 6A-10A of the Amended Subdivision Plat of Block 2 North Seventh Addition to the City of Bozeman, Located in the SE 1/4 of Section 1, T02 S, R05 E, P.M.M, Plat E-21-F, City of Bozeman, Gallatin County, Montana. Owner Aspen Land Co. LLC, 515 W. Aspen Street, Bozeman, MT 59715 Applicant Jordan Zignego, A&E, 428 E. Mendenhall Street, Bozeman, MT 59715 Representative Same As Applicant Staff Planner Nakeisha Lyon Engineer Karl Johnson Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 02/25/21-03/14/21 02/25/21 02/25/21 02/25/21,03/04/21 Recommendation Approval with Conditions Decision Authority Director of Community Development Date: 03/16/2021 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 2 of 12 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Special Use Permit described in this report was conducted. The applicant proposed to the City of Bozeman a Special Use Permit (SUP) to permit the sales of alcohol for on premise consumption in a B-2M (Community Business Mixed) zoning district. The purposes of the Special Use Permit review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Special Use Permit and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Special Use Permit would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Special Use Permit has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Special Use Permit complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2021, Martin Matsen, Director of Community Development, approved with conditions this Special Use Permit for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. The approval of this Special Use Permit, issued pursuant to Section 38.230.120 of the BMC, runs with the land, however may be terminated or revoked per Section 38.230.110.I. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 3 of 12 CONDITIONS OF APPROVAL PLEASE NOTE THAT THESE CONDITIONS ARE IN ADDITION TO ANY REQUIRED CODE PROVISIONS IDENTIFIED IN THIS REPORT. ADDITIONAL CONDITIONS OF APPROVAL AND CODE CORRECTIONS ARE REQUIRED AND WILL BE INCLUDED WITH THE FINAL REPORT PROVIDED TO THE DIRECTOR OF COMMUNITY DEVELOPMENT. 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(s) must be submitted to the Department of Community Development prior to the sale of alcoholic beverages for on premise consumption. 3. Any modification of the State on-premises consumption retail alcohol license type requires review and approval of a new special use permit. 4. A copy of the City of Bozeman alcohol license for the establishment(s) must be submitted to the Department of Community Development prior to alcohol service on site. 5. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.160 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. 6. If grease interceptor does not currently exist, the applicant must install a grease interceptor for the proposed use, per the plumbing code. Proof of a previously installed grease interceptor may also be provided. 7. The applicant must contact the City Water and Sewer Department Backflow Prevention Specialist to inspect the existing water meter installation at the building. If it does not already exist, the applicant must place a backflow preventer near the water meter to the building to provide protection of the public water supply. Proof of a previous inspection may also be provided. 8. 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. SPECIAL USE PERMIT PROVISIONS OF THE BOZEMAN MUNICIPAL CODE 1. In addition to the review criteria of section 38.230.100 for Special Use Permits, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through I. 2. Section 38.230.110.F of the 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. 3. Section 38.230.110.I of the BMC describes the process for termination/revocation of a conditional use permit approval: a. 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: Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 4 of 12 i. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; ii. Final zoning approval to reuse the property for another principal or conditional use is granted; iii. The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140 b. 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. c. 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 38.200.160 of the BMC. Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 5 of 12 Figure 1: Current Land Use Map of 515 W. Aspen Street Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 6 of 12 Figure 2: Zoning Map of 515 W. Aspen Street Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 7 of 12 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, 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. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-2M ( Community Business Mixed Use) Yes Comments: The use of “sales of alcohol for on-premises consumption” is allowed within the zoning district with the approval of this application 21019, pursuant to Section 38.310 of the Bozeman Municipal Code. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership Yes Comments: Currently, the residential component of Aspen Crossings has been approved for condominium ownership under application 20066. However, this Special Use Permit approval is only applicable to the commercial components of the subject property. Applications are reviewed and evaluated against the Bozeman Municipal Code. No conflicts with the conformance with laws, ordinances and building regulations have been identified during the Special Use Permit review 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: 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. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Master Site Plan and Site Plan - Applications 19190 and 19191, respectively. N/A Submittal requirements 38.220.100 N/A Phasing of development 38.230.020.B No. of phases: N/A Comments: No changes to the previously approved master site plan (MSP) or site plan (SP) Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 See below Comments: A Special Use Permit (SUP) for alcohol sales for on-premise consumption will be approved with conditions per the approval of this application. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 On-premise consumption of alcohol with SUP Yes Form and intensity standards 38.320 Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 8 of 12 Zoning: B-2M Setbacks (feet) Structures Parking / Loading N/A Front N/A N/A Rear N/A N/A Side N/A N/A Alley N/A N/A Comments: There are no proposed changes to the exterior of the building, roof, parking lot or building footprint. Lot coverage N/A Allowed N/A Building height N/A Allowed N/A Comments: No changes to the existing building are proposed that will modify the lot coverage or building height. Applicable zone specific or overlay standards 38.330-40 N/A Comments: There are no additional applicable specific zone or overlay standards related to this application. General land use standards and requirements 38.350 N/A Comments: Requirements of BMC 38.350 were previously reviewed for conformance and satisfied, if necessary as part of applications 19190 and 19191. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Sales of alcohol for on-premises consumption Comments: See supplemental criteria for the specified use type (item 11 of this report). Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: N/A 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 N/A Street and road dedication 38.400.020 N/A Access easements N/A Level of Service 38.400.060 N/A Transportation grid adequate to serve site N/A Comments: A traffic impact study was required and reviewed by the Engineering Division during the applicable Site Plan submittal related to the subject property. The current use of the site is mixed use with residential and commercial components. Requirements of BMC 38.400 such as street, road dedications, access easements, etc, were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191.. Sidewalks 38.400.080 N/A Comments: The subject property has a sidewalk network internal to the site and adjacent to the property along West Aspen Street, North 5th Avenue, and West Tamarack Street that is integrated with the City. Requirements of BMC 38.400 such as sidewalks were previously reviewed for conformance and satisfied, if necessary, applications 19190 and 19191. Drive access 38.400.090 Access to site: 3 N/A Fire lanes, curbs, signage and striping N/A Comments: Vehicular access is provided off West Aspen Street, North 5th Avenue, and West Tamarack Street. Curbing, striping, and gutters were previously installed as required by the Engineering Department. Requirements of Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 9 of 12 BMC 38.400 such as drive access, fire lanes, curbs, signage, and striping were previously reviewed for conformance and satisfied, if necessary as part of applications 19190 and 19191. Street vision triangle 38.400.100 N/A Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. Requirements of BMC 38.400 such as street visions triangles, transportation pathways, access easements, etc, were previously reviewed for conformance and satisfied, if necessary as part of applications 19190 and 19191. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: Requirements of BMC 38.410, if applicable, were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area N/A Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) N/A Water, sewer, and stormwater N/A Other utilities (electric, natural gas, communications) N/A CIL of water N/A Comments: Requirements of BMC 38.410 such as public open space area, easements, utilities, water, sewer, and stormwater, water rights, etc, were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Any additional applicable requirements are denoted within the conditions of this application staff report (Conditions 6 and 7) and must be met, if not already previously addressed. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Grading & drainage 38.410.080 N/A Location, design and capacity of stormwater facilities N/A Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H N/A Comments: Requirements of BMC 38.410 such as grading and drainage, stormwater provisions, and landscaping were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. N/A Cash donation in lieu (CIL) 38.420.030 N/A Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 10 of 12 Improvements in-lieu N/A Comments: See comment below within Section 6c. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This application is for commercial purposes and does not trigger parkland dedication. Parkland dedication, if applicable, may have been required based on the residential components of Aspen Crossings and were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Block frontage standards are not applicable to this application. Block frontage standards were previously reviewed for conformance and satisfied as part of applications 19190 and 19191. N/A Departure criteria No departures were submitted in conjunction with this application. Departures, if applicable, may have been approved with applications 19190 and 19191. N/A Comments: Comments related to BMC 38.510 and this application are denoted above within this section 7a. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development N/A Relationship to adjacent properties 38.520.030 N/A Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 N/A Comments: No exterior changes are proposed for this subject property as part of this application. There is an existing sidewalk network on site integrated with the surrounding neighborhood. Requirements of BMC 38.520 such as design elements, relationship to adjacent properties, non-motorized circulation, etc, were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 N/A Internal roadway design 38.520.050.D N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. On-site open space 38.520.060 N/A Total required 10% N/A Total provided >10% N/A Comments: Requirements of BMC 38.520 such as required on-site open space were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Location and design of service areas and mechanical equipment 38.520.070 N/A Comments: Requirements of BMC 38.520 such as design elements, relationship to adjacent properties, circulation, etc, were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 11 of 12 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 N/A Parking requirements residential 38.540.050.A.1 N/A Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 N/A Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street N/A Provided on-street N/A Bicycle parking 38.540.050.A.4 N/A Comments: Requirements of BMC 38.540 for on and off street parking, etc, were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: Requirements of BMC 38.540 such as loading berth details and specifications were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. 7e. Conformance with Article 5 – Landscaping (38.550) Mandatory landscaping requirements 38.550.050 N/A Drought tolerant species 75% required N/A Parking lot landscaping N/A Additional screening N/A Street frontage N/A Street median island N/A Acceptable landscape materials N/A Protection of landscape areas N/A Irrigation: plan, water source, system type N/A Residential adjacency N/A Landscaping of public lands 38.550.070 N/A Comments: Requirements of BMC 38.550 for landscaping were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A Proposed SF/building N/A Comments: Requirements of BMC 38.550 for signage would be reviewed and approved, if necessary, as part of a separate comprehension signage plan and/or signage permit. No change in the existing approved signage is proposed with this application. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 N/A Building massing and articulation 38.530.040 N/A Building details, materials, and blank wall treatments 38.530.050-070 N/A Comments: Requirements of BMC 38.530 such as building massing and articulation, building details, materials, etc, were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. Staff Report Aspen Crossings SUP Review Application 21019 03/16/2021 Page 12 of 12 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Comments: Requirements of BMC 38.560 for lighting were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. No changes in lighting or addition of lighting are proposed within this application. No nuisance lighting has been identified on the subject property. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of Article 6 for natural resource protection were previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was executed as required per Section 38.220.420. Details regarding dates the noticing requirements were conducted can be found on page 1 of this staff report document. No public comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements N/A Comments: Requirements of BMC 38.240 would have been previously reviewed for conformance and satisfied, if necessary, as part of applications 19190 and 19191 or separate applicable applications. 11. Review Criteria for Special Use Permits (Section 38.230.120) Meets Code? The site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: The site for the proposed use has the adequate size and topography to accommodate the use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate relate to such use with the land and uses in the vicinity. Adequate parking is proposed to the north of the building off West Tamarack Street and North 5th Avenue. Three access points are provided to the subject property. 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. Yes Comments: No evidence of the proposed use was found to have negative or adverse effects on abutting properties. Condition of Approval #5 denoted on page 3 of this staff report specifics that the right to serve alcohol to patrons is revocable should the need to revoke this permit arise. No objections to the recommendations of the Community Development Department were received during the public notice period. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Please see page 3 of this staff report for conditions of approval. Conditions of approval must be recorded with the Gallatin County Clerk and Recorder. Yes Comments: All conditions stated in the approval are deemed necessary by the Community Development Department to protect the public health, safety and general welfare of the City of Bozeman.