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HomeMy WebLinkAbout23095 Staff Report Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 1 of 15 Application No. 23095 Type Special Use Permit Project Name Sidewalk Patio (Shred Monk) SUP Summary The City of Bozeman Department of Community Development received a Special Use Permit (SUP) on April 20, 2023 to allow for the on-premises consumption and sale of alcohol in a sidewalk patio expansion at the Shred Monk Brewery at 121 W. Main Street, Unit B, as detailed in application 23095. Zoning B-3 Growth Policy Traditional Core Parcel Size 0.18 Acres Overlay District(s) NCOD – Neighborhood Conservation Overlay District Street Address 121 W. Main St, Unit B Legal Description Tracy’s 1st Add, S07, T02 S, R06 E, Block B, Lot 5 & 6, City of Bozeman, Gallatin County, Montana Owner CEG LLC, 121 W. Main St., Suite A, Bozeman, MT 59715 Applicant Same as owner Representative Shred Monk, Inc., 121 W. Main St., Unit B, Bozeman, MT 59715 Staff Danielle Garber Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 5/22/2023 – 6/6/2023 5/22/2023 5/22/2023 5/20/2023 & 5/27/2023 Recommendation Application is sufficient for approval with conditions and code provisions Decision Authority Director of Community Development Date June 16, 2023 Application File located in the City’s Laserfiche Web Depository for Application 23095 Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 2 of 15 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 a Special Use Permit (SUP) to permit the sale of alcohol for on premises consumption in a B-3 zoning district (Downtown Business 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 Certificate of Appropriateness 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 (SUP) 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 SUP complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ________ day of _______________2023, Anna Bentley, 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 38.230.120.G. 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 Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 3 of 15 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 must be submitted to the Department Community Development prior to the sale of alcoholic beverages. 3. Please reach out to Public Works for a downtown right-of-way Exclusive Use Permit: a. If the application is for a sidewalk café serving alcoholic beverages, the area must be enclosed, except for ingress and egress entry points, by a temporary fence, the design and location of which must be approved by the Director of Public Works. The site plan must show the location and detail of the fence. The fence shall be: 1. black or of a color that matches the adjacent building; 2. at least 4 feet in height; and 3. shall be of a design and quality that does not permit children or other persons to crawl under the fence. 4. 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. 5. 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. CODE PROVISIONS 1. In addition to the review criteria of section 38.230.100, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth in subsections 38.230.120.C 2. Section 38.230.120.D BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the special use permit procedure. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, their successors or assigns, must be consented to in writing, and must 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 special use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final plan approval or commencement of the use. Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 4 of 15 3. Section 38.230.120.G BMC describes the process for termination/revocation of a special use permit approval: a. Special 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: 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 special use which has terminated may be reestablished on a site by either, the review and approval of a new special 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 special 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 special 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. Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 5 of 15 Figure 1: Vicinity Map Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 6 of 15 Figure 2: Site Plan Figure 3: Elevation Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 7 of 15 ANALYSIS AND FINDINGS Analysis and resulting recommendations are 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 to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Community Core Yes Zoning B-3 zoning district (Downtown Business District) Yes Comments: The uses are allowed within the zoning district with the approval of this application 23095, 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 to this chapter, 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. 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None Yes Condominium ownership No NA Comments: 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. 4. Conformance with special review criteria for applicable permit types as specified in article 2 Meets Code? Section 38.230.120 Special Use Permit Yes Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 8 of 15 5. Conformance with zoning provisions of article 3 38.230.100 Meets Code? Permitted uses 38.310 On-premise consumption of alcohol with SUP Yes Form and intensity standards 38.320 Yes Zoning B-3 Setbacks (feet) Structures Parking / Loading NA Front NA NA Rear NA NA Side NA NA Alley NA NA Watercourse NA Wetland NA Block Frontage Mixed NA NA Comments: There are no proposed changes to the building location, roof, or building footprint. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 NA Applicable zone specific or overlay standards 38.330-340 Yes Building Height B-3 Requirements 38.320.010-060 NA Lot coverage NA Allowed NA Height NA Allowed NA NA Comments: No changes to the existing building are proposed that will modify the height or lot coverage. General land use standards and requirements 38.350 Yes Applicable supplemental use criteria 38.360 NA Supplement al uses/type Alcohol sales for on-premises consumption Yes Comments: See supplemental criteria for the specified use type (item 14 of this report). Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision NA NA Secondary access NA Traffic Impact Study / LOS NA Transportation grid adequate to serve site Yes Yes Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 9 of 15 Comments: A Traffic Impact Study was not required by the Engineering Division. The application was reviewed by Engineering. The primary uses of the building are not changing; a small seasonal patio is being added. Street dedication NA NA Drive access locations and widths NA Number of drive accesses NA Street easements NA Special Improvement Districts NA NA Comments: No changes to the site design are proposed with this application. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area. Yes Vehicle accesses to site 0 NA Pedestrian access location(s) Yes Site vision triangles NA Fire lanes, curbs, signage and striping NA Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks NA Curb ramps NA Pedestrian lighting NA Comments: The site utilizes the existing public sidewalk system for access. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements NA NA Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities NA Comments: The creation of easements or dedication of ROW was not required for this application. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 10 of 15 Comments: No loading areas are triggered with this application. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 NA Rights of way for pedestrians alternative block delineation NA Comments: No changes to the site or building are proposed that would trigger any review of the lot and block standards. Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements Yes Easements (City and public utility rights-of-way etc.) NA Water, sewer, and stormwater NA Other utilities (electric, natural gas, communications) NA CIL of water NA Comments: NA Site Surface Drainage and stormwater control 38.410.080 NA Location, design and capacity NA Landscaping per 38.410.080.H NA Comments: NA Grading 38.410.080 NA Maximum 1:4 slope requirements met NA Comments: NA, no site changes are proposed. Public services and utilities already serve the site. 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment NA Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access NA Park/Recreational area design NA Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). NA ___ ac. X ___ units/ac. X 0.03 ac.= _____ ac. Cash donation in-lieu NA NA Improvements in-lieu NA NA Comments: This application is for commercial uses and does not trigger parkland dedication. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, Yes Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 11 of 15 neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration Block Frontage Standards 38.510 NA Building Design 38.530 NA Open space 38.520.060 NA Location and design of service areas and mechanical equipment 38.520.070 NA Comments: No changes to site and building design as existing are proposed with this application. The uses of the site as proposed are consistent with the downtown and Main Street sidewalk encroachment program. 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 NA Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 NA Comments: No site changes are proposed with this application. There is an existing sidewalk network integrated with the surrounding neighborhood. Minimum parking requirements are already met and no new required parking spaces are triggered with this application. The serving areas for both Suites A and B at this address are under 3,000 square feet. Per BMC 38.540.050 the first 3,000 gross square feet of a non-residential building within the B-3 district or adjacent to designated storefront block frontage per section 38.500.010 is not included in the calculation of required parking. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration NA Site Planning and Design Elements 38.520 NA Comments: NA Landscaping NA Comments: NA 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation Meets Code? Submittal requirements for landscape plans 38.220.100 NA Mandatory landscaping 38.550.050 NA Yard NA Additional screening NA Parking lot screening NA Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 12 of 15 Interior parking lot landscape NA Off-street loading spaces screening NA Street frontage NA Street median island NA Acceptable landscape materials NA Protection of landscape areas NA Irrigation: plan, water source, system type NA Trees for residential adjacency NA Performance points NA NA City rights-of-way and parks NA Tree plantings for boulevard ROW, drought- resistant seed NA Public ROW boulevard strips NA Irrigation and maintenance provisions for ROW NA State ROW landscaping NA Additio nal NA NA NA Fencing and walls NA NA Comments: NA, no landscaping changes proposed. Site planning and design required 38.520 NA Pedestrian area landscaping, including pathways and internal circulation 38.520.040 NA Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 NA Service area and mechanical equipment landscaping and screening 38.520.070 NA Open space NA Comments: NA, no changes proposed to the site. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space NA Total required NA NA Total provided NA NA Comments: NA, no commercial open space is required with this application. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) NA Site lighting (supports, cutoff and temperature) NA Minimum light trespass at property line NA Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 13 of 15 Comments: The subject application does not propose any change in lighting or addition of lighting from the previously reviewed and approved building. No nuisance lighting has been identified on the site. 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA NA Proposed (sq. ft) NA Comments: All signs must be reviewed and approved through a separate Sign Permit review. No change in the existing approved signage is proposed with this application. 8a-c. Conformance with environmental and open space objectives in articles 4-6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill NA Grading NA On-site retention/detention NA Comments: NA, no changes to grading are proposed Drainage design NA Stormwater maintenance plan 38.410.030.A NA Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation NA Comments: NA, no changes to drainage are proposed. Watercourse and wetland protections and associated wildlife habitats NA 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 NA Comments: NA, no new grading and drainage proposed with this application. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA, no watercourses present. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment No comment was received Yes Comments: A public notice period was executed as per Section 38.220.420. Details regarding dates the noticing requirements were conducted can be found on page 1 of this staff report. No public comment was received. Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 14 of 15 11. 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 Are 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. 38.410.060 Meets Code? Subdivision exemption NA NA Required Easements NA NA Reciprocal access and shared parking easement NA NA NA Mutual access easement and agreement NA Comments: Not applicable. No new easements were required with this application. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing NA # of phases NA Yes Comments: NA 13. Supplemental Use Criteria: Alcohol sales for on-premises consumption 38.360.060 Meets Code? Same lot or premises where an adult business or the sale of auto retail fuel is permitted No Yes Comments: Alcohol sales will not be on the same lot where an adult business or the sale of auto fuel retail is permitted. No gambling or gaming is proposed with this application. In addition to the review criteria of 38.230.100, the review authority shall, in approving a special use permit, determine favorably the criteria in the table below. 14. Section 38.230.110.E Additional review criteria for Special Use Permits Found favorable 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 relate such use with the land and uses in the vicinity. Yes Staff Report Sidewalk Patio (Shred Monk) SUP Review Application: 23095 Page 15 of 15 Comments: No new parking requirements are triggered with this application. The proposed use is well established in the B-3, Downtown Business, zoning district and meets the goals and objectives of the growth policy. Alcohol sales for on-premises consumption are already conducted successfully within the confines of the existing building and site. The existing site is well suited for the existing and proposed uses. The proposed outdoor serving area will be required to maintain an encroachment permit with the Public Works Department, and meet all of the required spacing standards to maintain functional use of the public sidewalk. 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. The proposed use relates well to the existing storefront and will not impede traffic along the Main Street public sidewalk. Condition of Approval 4, page 3 of this report, specifies that the right to serve alcohol to patrons is revocable should the need to revoke the permit arise. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes Comments: See page 3 of this staff report for conditions of approval. Conditions of approval must be recorded with the County Clerk and Recorder.