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HomeMy WebLinkAbout23064 Staff ReportPage 1 of 13 23064 Staff Report for the Alcoholic Beverages and Sales Text Amendment, Ordinance 2132 Public Hearings: Community Development – June 26, 2023 City Commission – July 18, 2023 Project Description: Amend Section 4.02.020. License; exceptions, and Section 38.360.060. Alcohol sales for on-premises consumption to exempt all properties from the requirements of MCA 16-3-306(1). Project Location: Revision to the text is applicable City-wide. Recommendation: Meets applicable criteria. Community Development Board Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23064 and move to recommend approval of Ordinance 2132. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23064, and move to provisionally adopt Ordinance 2132. Report: June 22, 2023 Staff Contact: Nakeisha Lyon, Associate Planner Agenda Item Type: Action – Legislative 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 2 of 13 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Project Summary ................................................................................................................. 2 Unresolved Issues ............................................................................................................... 3 Strategic Plan Implementation ............................................................................................ 3 Public Comment.................................................................................................................. 3 Alternatives ......................................................................................................................... 4 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4 Section 76-2-304, MCA Zoning Regulations Criteria (A-K) ............................................. 5 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10 APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 11 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 12 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13 FISCAL EFFECTS ................................................................................................................. 13 ATTACHMENTS ................................................................................................................... 13 EXECUTIVE SUMMARY This report is based on the proposed ordinance text and public comment received to date. Project Summary The City periodically reviews its regulations to identify processes and standards which are no longer necessary or a good fit for community needs. From time to time, Bozeman constituents may bring forth to the attention of the City certain issues and provisions for consideration. The City Manager has received requests from local business owners to review the City’s exemption from the State of Montana’s restriction regarding licensing of alcohol sales for on-premises consumption within 600 feet of a school or church. Per Sec. 16-3- 306(4), MCA, a local government is authorized to supplant the 600-foot rule. The City of Bozeman has previously adopted provisions within Sec. 04.02.020.B and Sec. 38.360.060.B, BMC to exempt temporary events using a state issued catering endorsement license or special permit, restaurants with a state issued beer and wine license, and restaurants located 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 3 of 13 within the B-2M and B-3 zoning districts with a state issued beer license with wine amendment. Based on the public requests to review the existing exemption process, The City Manager has directed City staff to review the existing regulations, and begin an amendment process that would consider alterations to the exemption standards which would foster further opportunities for redevelopment, economic development, and support tourism within Bozeman. City staff has studied the issue, inquired about the alcohol licensing process with the State of Montana, and analyzed through Geographical Information System (GIS) the locations in which would be impacted by the following proposed amendment. As drafted, Ordinance 2132 would amend the municipal code to allow for applicable state issued alcohol license holders to qualify for the local 600-foot rule exemption through the appropriate permitting process if located within a commercial, mixed use, and industrial zoning district. In addition, businesses operating on subject properties which qualify for the exemption must meet and continue to meet the standards associated with their license as administered by the State as well as additional criteria which includes the prohibition of gambling or gaming, and conditions that may be associated with the appropriate permitting process. Unresolved Issues None Strategic Plan Implementation 2.1 Business Growth - Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. 4.4 Vibrant Downtown, Districts & Centers - Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. 7.3 Best Practices, Creativity & Foresight - Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. Public Comment Written public comment will be archived and available through the project folder in the City’s Laserfiche archive. Comments provided orally at public meetings will be available through the recordings of those public meetings. Links to recordings will be added to this report as the review of the project moves forward. No comment received to date. 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 4 of 13 Alternatives 1. Recommend ordinance not be approved based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Recommend amendments prior to adoption; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff finds the amendments meet the minimum criteria for approval as proposed. The Community Development Board in their capacity as the Zoning Commission will hold a public hearing on these amendments on June 26, 2023, at 6 pm. The City Commission will hold a public hearing on the text amendment on July 18, 2023, at 6:00 p.m. and decide whether the amendments should occur or not. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for amendment approval under this title, the advisory boards and City Commission must consider the following criteria (A-D) and guidelines (E-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone text amendment the Commission must find Criteria A-D are met. In addition, the Commission must also evaluate guidelines E-K as factors for consideration, and may find the zone text amendment to be positive, neutral, or negative with regards to these considerations. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for guidelines E-K. In determining whether these criteria and guidelines are met, Staff considers the entire body of plans and regulations for land use and development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 5 of 13 The existing municipal code provisions regulating alcohol licensing and the sale of alcohol for on-premises consumption were, at the time of adoption, found to satisfy all of the required criteria. As such, the focus of this report is only on the amendments proposed. Where a finding of neutral is presented, it means that the criteria or guideline has been considered and the change does not materially advance or detract from compliance. Therefore, a finding of neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA Zoning Regulations Criteria (A-K) Zoning regulations must be: A. Be in accordance with a growth policy. Yes, criterion is met. The proposed amendments are in conformance with the growth policy. As the growth policy provides a high level vision of how a community hopes to develop over time, it does not dictate uses or specific standards to the level of detail contained in this ordinance. However, it does identify issues and priorities for consideration with specific goals and objectives that are desired outcomes. In determining appropriateness of a particular zoning ordinance, the Commission must find a balance that best advances the interests of the community without prioritizing one goal or objective over another which could lead to the detriment of the remainder of the goals and objectives of the Bozeman Community Plan. Bozeman adopted a new growth policy in November 2020. The Bozeman Community Plan 2020 (BCP2020), adopted in November 2020, establishes the City’s policies for land development. It continues concepts and community priorities that were established in several prior growth policies. Prior growth policies encouraged creation of development standards that supported predictable review processes and addressed areas of community concerns. The BCP2020 includes the following relevant goals and objectives: R-1.1 Be reflective: use past experience to inform future decisions. R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to changing circumstances. DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. The Economic Development Strategy (2023) is an issue plan addressing matters of employment and job creation and establishes a solid approach for economic development centered on various strategies. This ordinance supports the following strategies and goals of said plan: 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 6 of 13 2. Support a Diverse Economy: Economic vitality for individuals requires a resilient economy that can withstand economic shocks as witnessed during the pandemic. A resilient economy is diverse in business size as well as industry types. Various businesses provide diverse services and products and enable innovation of new products. Larger traded sector companies offer individuals careers with stability and benefits and an employment base to support local sector companies. Meanwhile, local sector companies can serve as a gateway for underrepresented people to build a business and wealth. 3.3. Develop a sustainable city: Government does not create jobs; it creates a great environment to attract and retain businesses that create jobs. Companies are seeking to invest in sustainable and resilient communities that provide a good return on investment. The City of Bozeman should continue to build innovative infrastructure to develop sustainably and provide certainty to investors. The city can foster a culture of resilience and efficiency to help bounce back from environmental impacts (e.g., wildfires, limited water supply). Commercial, mixed-use, and industrial zoning districts are destinations for food, social activity, and culture that are often associated with the consumption of alcohol within the City of Bozeman. Many of the existing examples of schools or places of worship proximate to the sale of alcohol for on-premises consumption are due to non-conforming situations within our community as allowed based on exemptions through State law and City regulations given the age of an establishment and/or its association to other uses. Given these circumstances, the City, in accordance with goal R-1.1. is reflective on the existing conditions within our community to use these past decisions to inform how we regulate the sale of alcohol for on- premises consumption. As the existing regulations have allowed exemptions for the sale of alcohol for on-premises consumption associated with restaurants with specific State issued license types and temporary events within the 600 foot separation distance, it’s important for the City to be flexible in responding to the changing circumstances that come with this use per goal R-1.7. Many of the subject properties impacted by this change are constrained based on existing conditions, were previously exempt, or this rule was not applicable by not meeting the entirety of Administrative Rule 42-12-129. In accordance with goal DCD-3.5, the allowance of the sale of alcohol for on-premises consumption within the 600 foot separation distance supports the opportunity to increase development intensity within these established areas such as Downtown, Midtown, and other locations within the City and in commercial centers. These amendments also support the goals and objectives outlined in the Bozeman Economic Development Strategy per EE-1.1. Goal 3 of this plan focuses on creating a resilient and diverse economy through variety in business size and industry types. The food sector and service industries, which are associated with the sales of alcohol for on-premises consumption, were impacted by the pandemic 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 7 of 13 causing alcohol licensing executed at the State level to slow down. Many establishments had to adapt by providing more innovation and diverse services (drinks to-go, sale of alcohol for off-premises consumption, in-room beverages within hotels/motels, etc). Upon coming out of the pandemic, prices for alcohol licenses have surged within the State and are now starting to lower. The additional allowance of the sales of alcohol for on-premises consumption has potential impacts on the creation of new businesses within the Gallatin Valley or a new avenue of revenue generation existing businesses can explore. These opportunities may provide individuals with careers and employment opportunities not otherwise available. This also supports goal 3.3 regarding how the government can provide a great environment that attracts and retains businesses that create jobs. Finally, the level of detail associated with the text amendment is beyond the specificity found and intended in the Community Plan. No element of the proposed ordinance affects the future land use map as the process amendments do not change zoning district boundaries. Therefore, no analysis of correspondence to the future land use map is provided. B. Secure safety from fire and other dangers. Yes, criterion is met. All other applicable development standards and building code standards for fire resistance, exiting, and other protections remain in place and will apply to utilize this special exemption to establish or provide the ability to consumption alcoholic beverages on a given property. Building and fire standards and codes are designed to mitigate impacts, provide a safe environment, and protect from various dangers. The City has extensive experience with these standards and monitors and amends standards as needed. Review of individual applications through special use permits, site plan, subdivision, or other reviews will provide an opportunity to check for functionality accordingly as well as include additional conditions to prevent fires and other dangers. C. Promote public health, public safety, and general welfare. Yes, criterion is met. The existing standards addressing this criterion remain in place such as floodplain protections, provision of water and sewer services, and similar. Standards remain for setbacks, light and air, emergency services, and other issues to protect public health and physical safety. Specific standards are proposed designed to mitigate negative outcomes of allowing all properties within the separation distance to utilize such exemption. Special use permits are required for review in all of the commercial, mixed-use, and industrial zoning districts in which the use of alcohol sales for on-premises consumption are permitted. In addition, annual business licenses are required as with all business operating in the City limits. Chapter 4, Alcoholic Beverages, of the Bozeman Municipal Code includes other provisions that are not modified by this text amendment detailing the City’s alcohol policies to ensure a safe and healthy environment for its residence. This includes provisions regarding the 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 8 of 13 prohibition of public drinking and open containers unless an exception or waiver is issued accordingly by the City of Bozeman. In addition to the open container provision, existing Section 4.04.010.A & B. denotes that the supply and sale, possession, and consumption of alcohol by persons leads to significant problems and hazards if consumption of alcoholic beverages occurs in an irresponsible manner, especially by minors. These behaviors have negative and detrimental impacts on the community. They are considered a nuisance which may disturb public health, public safety and the general welfare of Bozeman residents. Section 4.04.010.C. states the intent of the City Commission to address those areas related to alcohol access, consumption and usage which are not otherwise addressed by the current law in the State. Violations specifically addressed by state law include the Endangering Welfare of Children (MCA 45-5-622), Unlawful Transactions with Children (MCA 45-5-623), Unlawful Attempt to Purchase or Possession of Intoxicating Substance (MCA 45-5-624), Driving under the Influence of Alcohol or Drugs or Operation with Alcohol Concentration of .08 or More (MCA 61-8-401 and 61-8-406), and Operation of Vehicle by Person under Twenty-One with Alcohol Concentration of .02 or More (MCA 61-8-410) . These are enforced within the city under those laws in addition to Disorderly Conduct and Public Nuisance (MCA 45-8-101 and 45-8-111) which are addressed by state code. The City also has adopted noise ordinances to ensure adequate public safety and a healthy environment. Applicable noise standards are in Chapter 16, article 6, as applicable. See also responses to Criteria B and D. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes, criterion is met. Standards for the provision of municipal transportation, water, sewerage, schools, parks, and other public requirements are not being altered. Any proposed businesses falling under this use classification will be required to meet all other applicable standards for transportation, water and sewer utilities. Applicable planning applications and building permitting processes that may be required if this use classification is proposed are required to demonstrate adequate services to meet this criterion. The use of alcohol for on- premises consumption is a special use within zoning districts. Therefore, a special use permit must be reviewed and approved by the City of Bozeman’s Community Development Department and other applicable departments prior to the use occurring on the subject property. Applicable conditions as deemed necessary by the review authority to mitigate negative impacts may be associated with the special use permit in order to address this criterion. The city shall also consider: E. Reasonable provision of adequate light and air. Yes, criterion is met. No changes within these amendments impact basic standards for setbacks, maximum building height, dedication of parks, on-site open spaces, or similar 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 9 of 13 standards are included. Building designs and locations may vary based on site specific needs and layouts. The City’s commercial, mixed-use, and industrial development standards ensure adequate provisions of light and air. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments. Therefore, the standard continues to be met. F. The effect on motorized and non-motorized transportation systems. Yes, criterion is met. No changes within these amendments impact basic standards for dedication of right of way, provision of and construction of streets, or similar standards are included. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments. Therefore, the standard continues to be met. G. Promotion of compatible urban growth. Yes, criterion is met. These amendments support continued compatible urban growth within the City by providing further urban development standards. Many different configurations of uses and buildings can coexist well. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. The City retains the ability to establish conditions to further mitigate negative impacts identified during the site plan, special use permit, and subdivision processes. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments. Therefore, the standard continues to be met. H. Character of the district. Yes, criterion is met. All zoning districts provide for a variety of principal, accessory, and special uses. Those uses vary by district. The uses range in intensity and likely size. No single use defines the entirety of any zoning district. Sales of alcohol for on-premises consumption is a permitted use in B-1, B-2, B-2M, B-3, UMU, REMU, NEHMU, M-1, and M-2 through a special use permit. This amendment to allow properties within this 600 foot separation distance supports the continued evolution of each of these districts and promotes infill revitalization, economic development, and business growth. Existing exemptions to MCA 16-3-306 (1) have been previously adopted in Chapter 4 and Chapter 38. The amended reporting and enforcement measures will enable better compliance with city requirements and will serve to support the maintenance of the character of each zoning district. The combination of uses and other characteristics remain intact and were previously found to be consistent with this criterion. Therefore, the standard continues to be met. I. Peculiar suitability for particular uses. Yes, criterion is met. The proposed amendments allow properties within this 600 foot separation distance as permitted in MCA 16-3-306 (4) and does not change any districts or uses. No changes to the zoning boundaries are proposed with these amendments. The City has adopted a range of zoning districts to address different needs. The zoning districts are 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 10 of 13 amended from time to time as needs of the City and its residents change. Many different configurations of uses and buildings can coexist well. The City’s growth policy and allowed land uses per zoning district encourage mixed uses. The location of zoning districts has previously been found to be appropriate. The authorized use tables have been previously reviewed for consistency with the intent and purpose of individual districts and found to be appropriate. This proposal amends the text only and not the zoning map. The combination of uses and other characteristics remain intact and were previously found to be consistent with this criterion. Therefore, this criterion remains met. J. Conserving the value of buildings. Yes, criterion is met. The proposed amendments allow properties within this 600 foot separation distance as permitted in MCA 16-3-306 (4) and does not change any districts or uses in which would cause buildings to become non-conforming to the district in which they are located. Considering the code as a whole, the standards listed in this criterion are not being changed with these amendments. Therefore, the standard continues to be met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes, criterion is met. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. The proposed amendments do not alter the allowed uses in zones nor does it change review processes. Site specific review for compliance with standards prior for construction will continue to be required. This amendment is consistent with the growth policy including the future land use map, see Criterion A. Therefore, the criterion is met. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 11 of 13 which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. As of the writing of this report, no written protest against the changes have been received. APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION In conformance with the Montana Alcoholic Beverage Code, The City has regulated the allowance of alcoholic licenses and alcohol sales for on-premises consumption for decades. Based on 16-3-306 (1), Montana Code Annotated (MCA), retail licenses for alcohol are not permitted to any business or enterprises whose premises are within 600 feet as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. Sec. 42.12.129, Administrative Rules of Montana (ARM) provides a three-part test for the determination of proximity to a place of worship or school. If the above mentioned test is not met in its entirety, the provisions of 16- 3-306, MCA do not apply. Several existing establishments permitted for the sale of alcohol for on-premises consumption have not met the entirety of the three-part test and exist in harmony near a school or place of worship. Additionally, as denoted in 16-3-306 (4), MCA, this separation distance requirement does not apply if the applicable jurisdiction of a local government has supplanted said provisions as authorized in 16-3-309, MCA. The City has previously adopted provisions within Sec. 04.02.020.B and Sec. 38.360.060.B, BMC to exempt the following uses from the limitations of 16-3-306 (1): • Restaurants serving alcohol under a stated issued beer and wine retail alcohol license • Temporary events such as fairs, weddings, or sporting events serving alcohol using a catering endorsement • Restaurants located in B-2M and B-3 serving alcohol under a beer with wine amendment retail alcohol license The City Manager has directed City staff to prepare the text amendment described in this staff report and attached as Ordinance No. 2132 to provide for an exemption to the State’s distance rule for all license types. This is in an effort to support the hospitality, food and service industries, and allow for further opportunities for business growth while continuing to require compliance with adopted standards necessary to protect the public, general welfare, and safety. The sales of alcohol for on-premises consumption is a permitted use in B-1, B-2, B-2M, B-3, UMU, REMU, NEHMU, M-1, and M-2 through a special use permit. The 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 12 of 13 special use permit provides an opportunity for public comment and for the City to associate conditions unique to an individual project to address areas of concern identified during the review process. The continuation of this development process allows for the appropriate consideration in addressing potential adverse impacts that may be site specific to certain locations within these areas. City staff has studied the issue, inquired about the alcohol licensing process with the State of Montana, and analyzed through Geographical Information System (GIS) tools the appropriate locations to be impacted by these amendments. The State has numerous license types, however, three pertain specifically to the sale of alcohol for on-premises consumptions within our jurisdiction; City All-Beverages, Beer and Wine, and Restaurant Beer and Wine. The City currently has 91 active alcohol licenses for the sale of alcohol for on-premises consumption. Representatives from the State Department of Revenue, the agency assigned to regulate the sale of alcohol, estimate that there may be only a few additional alcohol licenses issued per year for the Bozeman area. Based on these amendments, 161 parcels would qualify for this exemption. Attachment 2, Map Series, includes illustrations showing the location of current active alcohol license holders, impacted parcels, and two subject location exhibits for Bozeman High School or Hawthorne Elementary School to provide a closer view on existing conditions, limitations, and opportunities within these areas. As drafted, Ordinance 2132 would amend the municipal code to allow for applicable state issued alcohol license holders to qualify for the local 600-foot rule exemption through the appropriate permitting process if located within a commercial, mixed use, and industrial zoning district. In addition, businesses operating on subject properties which qualify for the exemption must meet and continue to meet the standards associated with their license as administered by the State as well as additional criteria which includes the prohibition of gambling or gaming, and conditions that may be associated with the appropriate special use permitting process. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle on 6/10/2023 and 6/24/2023. The final notice will be published in the Bozeman Daily Chronicle on 7/15/2023. These notices contain all required elements. Notice was provided at least 15 days before the public hearing conducted by the Community Development Board in their capacity as the Zoning Commission, and not more than 45 days prior to the City Commission public hearing. Hearing dates are on the first page of this report. No written public comment has been received so far on this Ordinance. Comments are available through the Laserfiche archive. If comments are received they will be placed in the project folder in Laserfiche. 23064, Staff Report for Alcohol Exemption Separation Standards ZTA Page 13 of 13 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman, MT 59771 Report By: Nakeisha Lyon, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Attachment 1: Draft Ordinance 2132 Attachment 2: Map Series