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16084, Staff Report for the Pub 317 Expansion and Bozeman Hotel
Conditional Use Permit
Date: City Commission Public Hearing July 25, 2016
Project Description: A Conditional Use Permit (CUP) application to allow the sale of
alcohol for on-premise consumption in the Bozeman Hotel, 321 E. Main Street, in
bar and restaurant spaces on the first floor and basement levels.
Project Location: 321 E. Main Street, legally described as Bozeman Multilevel Condo Lot
17-19, Lot 22-24, parts of Lots 15-16, 20 and 21, Block D, Bozeman Original Plat,
S07, T02S, R06E, 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 16084 and move to approve the Conditional Use
Permit with conditions and subject to all applicable code provisions.
Report Date: Wednesday, July 13, 2016
Staff Contact: Danielle Martin, Planning Technician
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues with this application.
Project Summary
The Conditional Use Permit (CUP) application is requesting expansion of the existing on-
premise consumption of alcohol area for Pub 317. Pub 317 is within the Bozeman Hotel and
addressed at 321 E. Main Street. The Bozeman Hotel is a contributing historic structure in
the Main Street Historic District and is within the B-3, Central Business zoning district.
The application proposes expanding the existing Pub 317 alcohol serving area into the former
Soby’s Mexican restaurant space and into the existing bar and restaurant tenant spaces in the
main and basement levels, which have historically been used as alcohol serving areas.
On-premise consumption of alcohol predates the establishment of zoning regulations
requiring a conditional use permit for such use. The Bozeman Hotel building does not
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currently have a CUP for the sales of alcohol for on-premise consumption in the existing bar
and restaurant tenant spaces. The CUP is required for the expansion and further development
of an existing use area for the sales of alcohol for on-premises consumption on a site legally
developed prior to September 3, 1991 (per Section 38.19.140, Bozeman Municipal Code).
Staff determined that this CUP application must capture all bar and restaurant tenant spaces
sharing a single State Liquor License. Therefore, this CUP applies to the site’s existing
serving areas on the first floor and basement levels for the businesses Pub 317, The Pour
House, The Zebra Cocktail Lounge and Catering, and Colonel Blacks, as well as to the
proposed expanded Pub 317 serving area in the space formerly occupied by Soby’s and the
currently unnamed bar space occupying the former Bozeman Bead Shop.
The project was originally scheduled for a public hearing at the June 6, 2016 City
Commission meeting, but the applicant requested a continuance at the time to address
revisions to the application. The application was re-noticed pursuant to Bozeman Municipal
Code Section 38.40.
No deviations or variances are requested with this application.
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. 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 .................................................................................................... 4
SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL .................................... 10
SECTION 3 – CODE PROVISIONS OF THE BOZEMAN MUNICIPAL CODE .............. 10
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
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SECTION 5 – STAFF ANALYSIS AND FINDINGS .......................................................... 12
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 12
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 15
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 17
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 18
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 18
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 19
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SECTION 1 – MAP SERIES
Figure 1: Current Zoning
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Figure 2: Community Plan Future Land Use
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Figure 3: Current Land Use
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Figure 4: Street View
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Figure 5: First Floor Serving Area and Parking Lot
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Figure 6: Basement Level Serving Area
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SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report.
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 must be
submitted to the Department of Community Development prior to the sale of alcoholic
beverages.
3. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.19.110.I and 38.34.160 based on substantial complaints from the
public or from the Police Department regarding violations of the City of Bozeman’s open
container waiver, minor in possession of alcohol, or any other applicable law regarding
consumption and/or possession 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.
5. Prior to final plan approval the applicant must provide a copy of the long-term lease
agreement for the off-site parking. Said lease must run with the term of the designated use,
and must be revocable with review authority approval.
SECTION 3 – CODE PROVISIONS OF THE BOZEMAN MUNICIPAL CODE
A. Section 38.19.110.F, 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.
B. Section 38.19.110.I, describes the process for termination/revocation of 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
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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:
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
C. Section 38.19.120, requires the applicant to submit a final plan no later than six months
after the date of approval of a preliminary plan.
D. Section 40.02.750, requires protective devices to protect the municipal water supply
system. If not already existing, a backflow preventer must be added to the existing
water service inside the building for protection of the public water supply. The
applicant must arrange an inspection with the City’s Water and Sewer Division to
obtain a determination of status of the backflow preventer.
E. Section 40.03.960, requires grease traps and records of maintenance and service for
grease traps. If not already existing, a grease interceptor conforming to the latest
adopted edition of the Uniform Plumbing Code must be installed with any development
responsible for food preparation. On-site maintenance and interceptor service records
must be kept on a regular basis and made available to the City upon request.
.
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) considered the application on May 18 and July
13, 2016 and recommended unanimous approval of this Conditional Use Permit with the
recommended conditions.
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The City Commission will consider the proposal at 6 p.m. on July 25, 2016 in a public
hearing that will occur in the City Commission room at 121 North Rouse Avenue, Bozeman,
MT.
SECTION 5 – STAFF ANALYSIS AND FINDINGS
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 title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The Future Land Use designation is “Community Core” in the Bozeman Community Plan.
No conflicts with the goals and objectives of the Bozeman Community Plan have been
identified. The use is permitted within the B-3 (Central Business) district with the approval
of a Conditional Use Permit.
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 project will conform to the Bozeman Municipal Code. There are no known documented
violations of the BMC for the property.
3. Conformance with all other applicable laws, ordinances, and regulations
The plans will be evaluated against the requirements of the International Building Code
(IBC) at the time a building permit application is submitted. Recommended Condition 2
addresses coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property
Not applicable. No changes to the existing site are proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
No additional traffic or parking demand will be created by this application. The proposed
expansion is in an area that has been used as restaurant space. Therefore, there is no increase
in intensity.
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No additional parking will be needed for this expansion, and through a combination of the 58
spaces in the Downtown Parking SID and 63 spaces in the on-site parking lot, 121 spaces are
provided, with only 109 required. The 109 spaces are calculated by applying the deduction
for the first 3,000 gross square feet of non-residential space in the B-3 zoning district, as well
as all applicable B-3 reductions for office, restaurant and bar, and the 10 percent reduction
for being within 800 feet of a transit stop.
The adjacent parking lot to the north of the site is leased for offsite parking for the uses
within the building. A copy of the existing lease must be provided prior to final plan
approval. Per code requirements the lease must run concurrent with the uses within the
building and must be revocable with review authority approval. Condition 5 is related to this
issue.
6. Pedestrian and vehicular ingress and egress
There is sufficient pedestrian and vehicular ingress and egress to the property. It is within the
B-3 district sidewalk, street and alley networks.
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 changes to the existing site are proposed.
8. Open space
Not applicable. No changes to the existing site are proposed.
9. Building location and height
Not applicable. No changes to the existing site are proposed.
10. Setbacks
Not applicable. No changes to the existing site are proposed.
11. Lighting
Not applicable. No changes to the existing site are proposed.
12. Provisions for utilities, including efficient public services and facilities
Code Provision E states the requirements for grease traps. If not already existing, a grease
interceptor, conforming to the latest adopted edition of the Uniform Plumbing Code must be
installed with the remodel of the kitchen facilities in the former Soby’s space. Code
Provision D states that a backflow preventer must be installed on the water service line inside
the building if the required City Water and Sewer Division inspection determines that
backflow prevention is necessary. These requirements will ensure provision of utilities to the
site, including efficient public services and facilities.
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13. Site surface drainage
Not applicable. No changes to the existing site are proposed.
14. Loading and unloading areas
The loading and unloading zones will remain the same, with access from the rear entrance,
located in the alleyway on the north side of the property.
15. Grading
Not applicable. No changes to the existing site are proposed.
16. Signage
Not applicable. No changes to the existing site are proposed.
17. Screening
No additional mechanical screening is proposed.
18. Overlay district provisions
The project is located in the Neighborhood Conservation Overlay District but no changes
requiring a Certificate of Appropriateness are proposed with this CUP application.
19. Other related matters, including relevant comment from affected parties
No public comment was received with regard to this project as of the writing of this report. 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.
Staff has found no shared access easements as of the time of writing this report. The parking
lot is located on lots separate from the main structure and staff has conditioned long term
lease agreement.
21. Compliance with article 43 of chapter 38 of the Bozeman Municipal Code.
Affordable housing is not required with this commercial Conditional Use Permit application.
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22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
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 commercial building at 321 E. Main Street is located in the downtown historic district
with various uses including retail, offices, restaurants, and residential. The restaurant space
allows residents and visitors to dine in the Bozeman’s downtown core with easy accessibility.
There is a range of commercial establishments with alcohol licenses in close proximity to this
building including restaurants, breweries, and distilleries with both beer and wine and all-
beverage licenses. Recommended Condition 2 requires a copy of the State Revenue
Department alcohol license prior to serving.
The subject property abuts the north side of Main Street and the west side of North Rouse
Avenue and has rear connections to an alleyway. The building is primarily accessed by
pedestrian travel from the street frontage sidewalk adjacent to East Main Street, as well as the
eastern sidewalk running along North Rouse. The location of the building is hospitable with
the increased pedestrian activity associated with the Central Business District.
Staff finds the site adequate in size and topography to accommodate the sales of alcohol for
on-premise consumption.
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, the application complies with the Unified Development Code. Staff
included Condition 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 container waiver, minor in possession of
alcohol, or any other applicable law regarding consumption and/or possession of alcohol.
There is adequate parking and pedestrian access, and municipal services are sufficient to
serve the proposed use.
Staff finds the sales of alcohol for on-premise 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.
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. Several of these are
standard conditions of approval that the City has consistently applied to alcohol-serving
establishments and conditional use permits.
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
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property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents must be addressed prior to occupancy of the tenant
space. Code Provision A is cited in Section 3 of this report related to Conditional Use Permit
approval. 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 subject property is zoned as B-3 (Central Business).
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 subject property is designated as Community Core
in the Bozeman Community Plan. The plan states; “The traditional core of Bozeman is the
historic downtown. This area has an extensive mutually supportive diversity of uses, a strong
pedestrian and multi-modal transportation network, and a rich architectural character. Essential
government services, places of public assembly, and open spaces provide the civic and social
core of town. Residential development on upper floors is well established. New residential uses
should be high density. The area along Main Street should be preserved as a place for high
pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets.
Users are drawn from the entire planning area and beyond. The intensity of development is high,
with a Floor Area Ratio well over 1. Future development should continue to be intense while
providing areas of transition to adjacent areas and preserving the historic character of Main
Street.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description: The Conditional Use Permit (CUP) application was submitted to the
Department of Community Development on March 1, 2016 for Pub 317, addressed at 321 E.
Main Street, which is within the B3 (Central Business) zoning district. The Pub 317 space is in
the property historically known as The Bozeman Hotel, which is a contributing historic structure
in the Main Street Historic District.
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The CUP is required for the expansion and further development of an existing use area for the
sales of alcohol for on-premises consumption on a site legally developed prior to September 3,
1991 (per Section 38.19.140, Bozeman Municipal Code). The Bozeman Hotel building does not
have an existing CUP for the sales of alcohol for on-premise consumption in the existing bar and
restaurant tenant spaces. Staff determined that this CUP application must capture all bar and
restaurant tenant spaces sharing a single State Liquor License. Therefore, this CUP applies to the
site’s existing serving areas on the first floor and basement levels for the businesses Pub 317
(1,257 square feet of serving area), The Pour House (2,596 square feet of serving area), The
Zebra Cocktail Lounge and Catering and Colonel Blacks (combined 5,592 square feet of serving
area in the basement level), as well as to the proposed expanded Pub 317 serving area in the
space formerly occupied by Soby’s (492 square feet of serving area) and the currently unnamed
bar space occupying the former Bozeman Bead Shop (425 square feet of serving area).
The Development Review Committee (DRC) considered the application on May 18 and July 13,
2016 and recommended unanimous approval of this CUP with the recommended conditions.
No deviations or variances are requested with this application.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice was
published in the Bozeman Daily Chronicle on July 10 and 17, 2016. Notice was posted on-site on
July 8, 2016.
No public comment was received with regard to this project. If public comment is received prior
to the City Commission public hearing, it will be forwarded to the City Commission members.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Bar Keeper, LLC, 321 W. Main Street, Bozeman, MT 59715
Applicant: Hip & Humble Architecture, LLC, 418 S. 5th Avenue, Bozeman, MT 59715
Representative: Bob Mechels, 418 S. 5th Avenue, Bozeman, MT 59715
Report By: Danielle Martin, Planning Technician
FISCAL EFFECTS
No unusual fiscal effects have been identified.
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ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials
Bozeman Hotel Development Review Application
Bozeman Hotel Narrative
Bozeman Hotel Adjacent Owners
Bozeman Hotel Floor Plans
Bozeman Hotel Pub 317 Expansion Floor Plans
Bozeman Hotel Continuance Memo
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A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
160
Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
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Development Review Application A1 Page 3 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
B. Application materials shall be submitted for each application as shown in the specific guidance
and checklists that is provided for each application type. A common development review application
form and common notice materials may be provided for an application that includes more than one
application type. All other application materials shall be submitted for each individual application
type per the project guidance and checklists.
9. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for
all application types before the submittal will be accepted. The only exception to this is an informal
review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this
application for review under the terms and provisions of the Bozeman Municipal Code. It is further
indicated that any work undertaken to complete a development approved by the City of Bozeman
shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee
Program and impact fees may be assessed for my project. Further, I agree to grant City personnel
and other review agency representative’s access to the subject site during the course of the review
process (Section 38.34.050, BMC). I (We) hereby certify that the above information i s true and
correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be
applied to the application and that I will comply with any conditions of approval or make necessary
corrections to the application materials in order to comply with municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction
not in compliance with the approved final plan may result in delays of occupancy or costs to correct
noncompliance.
Applicant
Signature:
Printed Name:
Owner
Signature:
Printed Name:
Owner
Signature
Printed Name:
If signing as a corporation, please provide the title and position of the individual signing on behalf of the
corporation. Attach separate sheets for additional owner signatures.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
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163
CORRESPONDENCE
HIP & HUMBLE ARCHITECTURE, LLC
1
Hip and Humble Architecture, LLC
Bob Mechels – Owner/Architect
418 S. 5th Avenue – Bozeman MT 59715
bobmechels@yahoo.com
406.581.3832
TO: City of Bozeman Planning and Community Development
Attn: Allyson Brekke, Assistant Planner
RE: CUP application for Pub 317 Expansion in Bozeman Hotel
Date: February 17, 2016 (rev. 03-08-16)(rev. 06-17-16)
To whom it may concern,
Thanks in advance for your time and effort to review the application and attached submittal
materials for this project. We propose to convert the existing Soby’s Mexican Restaurant into a
Restaurant/Bar and additional seating for the existing Pub 317 in the historic Bozeman Hotel
located at 321 E. Main Street.
The proposed scope of work would be to demolish the existing interior of Sobys seating area
and remodel it with a more contemporary interior which uses similar finishes as are currently in
Pub 317. This new interior work would include 5 new walnut and leather booths, a new bar for
serving food and drinks and two stuffed chairs along the north wall. The existing kitchen would
also be demo’d and receive all new finishes, new grill hood and exhaust system and other
necessary improvements to bring it up to compliance with current sanitation codes.
The wall between the proposed expansion area and the existing corridor would receive new
windows, new paint and a new door. We also propose to cut an opening in the wall between
Pub 317 and the old Sobys space to create the new internal circulation and access point as
indicated on the attached plans.
The fire sprinkler system will be modified to comply with current fire protection codes. The
existing ceiling above the new seating area will receive a 1 hour rated ceiling assembly to
provide the required rated separation between A-2 and B occupancy groups.
Since the City planning code includes bar and restaurant space in the same category, there will
be no change in the required parking or occupancy to make this proposed change. As you will
see on the attached parking analysis, the Bozeman Hotel has 61 surface parking spaces to the
North of the building, two street parking spaces, 58 paid for spaces in the new parking structure
assessed by SID and also has access to the city parking lot one block to the south of the
building. Using the allowable parking reductions within the B-3 Zoning District per Table
38.25.040-4, this building exceeds the amount of adjusted parking required.
In response to CUP checklist items we provide the following:
a. Proposed project is inside an existing building with no exterior walls or windows, is in the
B-3 Zoning District and is the same type of use as listed in current zoning for Bar /
Restaurant.
164
CORRESPONDENCE
HIP & HUMBLE ARCHITECTURE, LLC
2
Hip and Humble Architecture, LLC
Bob Mechels – Owner/Architect
418 S. 5th Avenue – Bozeman MT 59715
bobmechels@yahoo.com
406.581.3832
Site, landscaping and topography are all well established, existing features. The site is
essentially flat and is almost completely covered with hardscape finishes such as
concrete sidewalks and asphalt paved parking lots.
The existing parking, trash and loading areas will also remain the same as they are
currently operated.
There are both male and female handicap accessible restroom within 10’ of the
proposed space.
The restaurant bar area is 492 square feet, the kitchen area is 291 square feet and the
vestibule is 20 square feet.
b. Proposed use will not use materials which would have an adverse effect upon the
abutting properties. We are in fact proposing to drastically improve the existing property
and bring into compliance with current fire, life safety and health codes.
The existing kitchen had multiple ceiling levels, one of which had no fire sprinkler heads.
We propose to remove the multiple ceilings and clean-up all the old electrical, plumbing,
mechanical and insulation issues then install a new ceiling at 11’ above finished floor
creating a much nicer, cleaner, safer space to work.
The existing vent hood is not in compliance with current codes. We propose to remove
the existing and install a new hood with code compliant venting.
We propose to install new fire sprinkler heads in the plenum space between the new 11’
high ceiling and below the roof / 2nd floor structure also bringing this situation up to
current fire and life safety code.
We propose to add new steel lintels at existing masonry openings, again drastically
improving the safety and security of the space.
There will be no need for any new exterior signage.
This space proposes to serve a smaller variety of alcoholic beverages than is served in
the existing Pub 317 and do so in a calmer and more intimate environment.
c. Proposed project will provide food options for existing Pub 317 patrons as well as
individuals and groups simply seeking a unique dining experience.
This project will provide a quieter space for family members to reside during televised
sporting events if the noise level is uncomfortable in Pub 317.
165
CORRESPONDENCE
HIP & HUMBLE ARCHITECTURE, LLC
3
Hip and Humble Architecture, LLC
Bob Mechels – Owner/Architect
418 S. 5th Avenue – Bozeman MT 59715
bobmechels@yahoo.com
406.581.3832
Another goal of this project is to provide public exposure for local and visiting chefs to
prepare and serve their style of food in a beautiful new kitchen in a prime, central
downtown location. The proposed kitchen plan is to accommodate monthly revolving
Chefs specializing in various food types and serving unique menu items.
This project also provides the perfect venue for wine tastings, beer samplings and the
opportunity for the revolving chefs to serve select beverages chosen to enhance their
particular style of food.
In addition to meeting all of the submittal requirements for our Sobys / Pub 317 expansion
project, City Planning Staff have also requested that we provide documentation for all other
existing spaces in the Bozeman Hotel that do currently or could potentially operate under the
same liquor license held by R&N Corp. It is our understanding that staff hopes to set up this sort
of blanket coverage in efforts to simplify future modifications to spaces within the Bozeman
Hotel. The additional spaces that we have documented which are on the first floor and
basement levels of the Bozeman Hotel include Pub 317, Sobys, The Pour House, the old Bead
Shop space, The Zebra Lounge and Colonel Blacks. We will leave it to Planning Staff to further
explain the reasoning and justification for this expanded coverage and documentation.
We are requesting your review and approval of this CUP application. Your approval will allow us
to move forward with our plans to renovate and vastly improve an existing business space with
the goal to further enhance the dining and drinking opportunities in our already exciting
downtown business district.
Please contact me at your convenience with any questions or comments regarding this
information. Thank you for your help in this process, we look forward to completing another
successful project in downtown Bozeman.
Sincerely,
Bob Mechels, LEED-AP
Architect/Owner
Hip and Humble Architecture, LLC
406.581.3832
166
167
REF.DW2596 SFBAR1011257 SFEXIST. PUB 3171021182 SFRESTAURANT104425 SFBAR /RESTAURANT100CROSS HATCH INDICATESEXISTING CIRCULATIONAND RESTROOM AREAS.1ST FLOOR PARKING ANALYSIS:7284 S.F. BAR / RESTAURANT THIS FLOOR.7284 S.F. - 1500 S.F. (HALF OF SEC. 38.25.040 C (1)ALLOWANCE) x .85 = 4917 / 50 =99 PARKING SPACES.492 SFRENOVATEDRESTAURANT103A291 SFRENOVATEDKITCHEN103B20 SFEXIST. VESTIBULE103CWOMEN105MEN10687' - 2"124' - 2"EAST MAIN STREETNORTH ROUSEEXISTING ALLEYEXIST. TRASH AREAEXISTING BUILDINGSEXISTING PATIOAREAEXISTING BUILDINGEXISTING PARKING LOT61 SPACESEAST MENDENHALL STREETBOZEMAN CREEKEXIST.BLDG.1021 SFKITCHEN101A3777 SFOFFICE202310 SFOFFICE2001293 SFOFFICE201CROSS HATCHINDICATES EXISTINGCIRCULATION ANDRESTROOM AREAS.PARKING ANALYSIS:5380 S.F. OFFICE SPACE EA. FLOOR5380 x .85 = 4573 x 3 FLOORS = 13,719 / 250 =55 PARKING SPACESPENTHOUSE IS 1 BEDROOM UNIT =1.5 PARKING SPACESDASHED LINEINDICATESPERIMETER OFRENOVATEDSPACE BELOW.EXIST. ROOFCROSS HATCH INDICATESEXISTING STORAGE,MECHANICAL, CIRCULATIONAND RESTROOM AREAS.TOTAL BAR AREA THISLEVEL = 5592 S.F.BASEMENT PARKING ANALYSIS:5592 S.F. BAR / RESTAURANT THIS FLOOR.5592 S.F. - 1500 S.F. (HALF OF SEC. 38.25.040 C (1)ALLOWANCE) x .85 = 3478 / 50 =70 PARKING SPACES.SANDHOLM ARCHITECTS, P.C. COPYRIGHT 2014418 South 5th AvenueBozeman, MT 59715406.581.3832bobmecchels@yahoo.comPROJECT #:REVDESCDATEPHASEPRESDDDCDDATE1234HIP AND HUMBLEARCHITECTURE, LLC6/17/2016 11:51:54 AMDOWNTOWN BOZEMAN MTC:\PROJECTS\REVIT PROJECTS\Projects - Commercial\SobysRenovation\Architectural\317 Expansion-final.rvtSD2-104.28.16AREA PLANS & PARKINGCALCULATIONS FOR CUPBOZEMAN HOTEL - PUB 317EXPANSIONBID AND PERMIT SET2015-07------------ 1/16" = 1'-0"SD2-11OVERALL FIRST FLOOR & SITEPLAN 1/16" = 1'-0"SD2-122nd FLOOR (3rd & 4th FLOORSSIM.)PRELIMINARY PARKING TOTAL:RESIDENTIAL = 1.5OFFICE = 55BAR / RESTAURANT = 169SERVICE EST. =2.0TOTAL PARKING227.5ALLOWABLE PARKING REDUCTIONS WITHIN B-3ZONING DISTRICT PER TABLE 38.25.040-4:BAR / RESTAURANT 50%OFFICE 20%ALL OTHERS 30%TRANSIT STOP W/IN 800' = ADDITIONAL 10%IF STRUCTURED PARKING WERE W/IN 800' =ADDITIONAL 15% (EXISTING STR. PARKING IS +/-865', SURFACE LOT IS +/-285')FIRST 3000 S.F. NO PARKING REQ'D.ADJUSTED PARKING REQUIRED:BAR/RESTAURANT(60% R) = 68OFFICE(30% R) = 39SERVICE / RES.(40% R) = 2TOTAL REQ'D. PARKING W/O STR. PARKING = 109TOTAL EXISTING PARKING = 121 SPACES,58 SPACES (PARKING ASSESSED BY SID) + 63SPACES (61 SPACES IN NORTH LOT, 2 SPACESON MAIN STREET) = 121 EXISTING SPACESNote: Previous Sobys Restaurant and proposed newPub 317 expansion require exactly the same numberof parking spaces while seating in proposed plan ishalf of what Sobys had. 1/16" = 1'-0"SD2-13BASEMENT168
DIMENSIONS ARE TO GRID, FACE OF STUD, MASONRY, OR DOOR/WINDOW
OPENINGS. DIMENSIONS TO OPENINGS ARE NOMINAL. VERIFY ALL OPENINGS
WITH ROUGH OPENING REQUIREMENTS.
1.
GENERAL NOTES:
A3-15
EXIST. PUB 317
102
A3-11
3' - 0"4"4
6
3
A3-12
RELOCATED S.S. 3
COMPARTMENT SINK W/
FLOOR SINK AND GREASE
INTERCEPTOR BELOW.
FUTURE GRILLE AND
FRYER, NEW EXHAUST
HOOD ABOVE.
1' - 8"
4' - 6"7' - 0"3' - 3 7/8"HANDWASH
SINK WITH
MIRROR ABOVE
ICE MAKER WITH SOFT DRINK
MIX CONTAINTERS ON SHELF
ABOVE. SHELF PROVIDED BY
OWNER, INSTALLED BY
CONTRACTOR TYP.
REFRIGERATED
SANDWICH &
SALAD TABLE
FRZR. BELOW
WORK TOP
REFRIGERATOR
BELOW WORK
TOP.
OPEN WIRE SHELVING ABOVE
(OWNER PROVIDED, CONTR.
INSTALLED (O.P.C.I.) TYP.
WORK TABLE
RELOCATED EXIST.
FREEZER
S.S. WIRE SHELVES
(O.P.C.I.)EXIST OPENING4' - 10 1/2" F.V.5' - 3"1' - 4 3/4"1' - 9"1' - 9 1/2"1' - 9"2 1/2"1' - 9"1' - 9 1/2"1' - 9"2 1/2"1' - 9"1' - 9"4 5 .0 0 °
INFILL FLOOR VOID W/
PLYWOOD THEN EXTEND
CURVED WALL FRAMING
DOWN TO NEW T.O. FLOOR
SHTG.
COVER ALL KITCHEN
WALL SURFACES WITH
WHITE FRP PANELS
U.O.N.3' - 0"2' - 2"
HEAVY DASHED LINE
INDICATES LOCATION OF
DIAMOND PATTERNED
STAINLESS STEEL
SHEET METAL WALL
FINISH FROM FIN.FLR. TO
FIN. CLG. TYP.
S.S. COUNTER TOP W/
8" DIA. TRASH OPENING
ON S.S. LEGS AND SHELF
SYSTEM.
CHAIRS BY
OWNER
5' - 6"5' - 6"6' - 4 3/4"5' - 6"5' - 6"5' - 10"
4' - 0"
3' - 9"2' - 4"4' - 0"3' - 9"2' - 4"3' - 5 1/2"2' - 10"10' - 0 1/2"2' - 10"0"3' - 10 1/4"F.E.2' - 3"2' - 3"PROVIDE MIN. 3.5" SPRAY
FOAM INSUL., FINISH W/ 5/8"
GWB AND FRP TYP.
FUR OUT THIS WALL W/
2x4 WD STUDS @ 16"
O.C., INSULATE W/ MIN.
3.5" SPRAY FOAM, 5/8"
GWB UNDER S.S. FINISH.
REPLACE EXIST. DOOR
AND FRAME W/ INSUL. H.M.
DOOR W/ INSUL. HALF LITE
GLAZING.4' - 6"2' - 10"FUR OUT THIS SECTION OF
WALL W/ 2x4 WD STUDS @
16" O.C.W/ 5/8" GWB TYP.
PROVIDE 5/8" GWB & FRP
FINISH OVER EXPOSED
BRICK TYP.
REPAIR / REPLACE
DAMAGED AND MISSING
BRICK ABOVE LINTEL.
EXIST. FLOOR
SINK
3 COMP. SINK W/
FLR. SINK BELOW.
491 SF
RENOVATED
RESTAURANT
103A
291 SF
RENOVATED
KITCHEN
103B
20 SF
EXIST. VESTIBULE
103C
1265 SF
EXIST. PUB 317
102
REMOVE EXISTING
BOOTH AND TABLE.
REMOVE PORTION OF
EXISTING BRICK WALL
AS REQ'D. TO INSTALL
NEW DOORWAY.
REMOVE EXIST. WINDOWS
AND PORTIONS OF
EXISTING WOOD FRAMED
WALL AS REQ'D. TO
INSTALL NEW WINDOWS.
REMOVE EXIST. DOORS
AND FRAME AND
PORTIONS OF EXISTING
WOOD FRAMED WALL AS
REQ'D. TO INSTALL NEW
DOOR AND FRAME.
REMOVE EXIST. OPENINGS
AND PORTIONS OF
EXISTING WOOD FRAMED
WALL AS REQ'D. TO
ACCOMODATE NEW
COLUMNS AND OPENINGS.
REMOVE EXIST. GWB,
PREP FOR INSULATION
AND NEW FINISH TYP.
REMOVE EXIST. HOOD,
KITCHEN EQUIP.,
MECH'L. AND ELECT'L.
AS REQUIRED FOR NEW
FURRED WALL AND
FINISHES TYP.
DEMO EXIST. CLG.
FRAMING AS REQ'D. FOR
NEW ACCESS PANELS.
REMOVE EXIST. DOOR AND
FRAME, PREP FOR NEW
DOOR AND FRAME.SANDHOLM ARCHITECTS, P.C. COPYRIGHT 2014418 South 5th Avenue
Bozeman, MT 59715
406.581.3832
bobmecchels@yahoo.com
PROJECT #:REVDESCDATEPHASEPRESDDDCDDATE1234HIP AND HUMBLE
ARCHITECTURE, LLC
2/25/2016 3:42:06 PMDOWNTOWN BOZEMAN MTC:\PROJECTS\REVIT PROJECTS\Projects - Commercial\SobysRenovation\Architectural\317 Expansion-final.rvtSD2-3
02.17.16DEMO PLAN AND FLOOR PLANBOZEMAN HOTEL - PUB 317EXPANSIONCUP APPLICATION2015-07------------N
1/4" = 1'-0"SD2-3
2 RESTAURANT FLOOR PLAN
1/4" = 1'-0"SD2-3
1
RESTAURANT DEMO FLOOR
PLAN
169
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Danielle Martin, Planning Technician
Wendy Thomas, Director of Community Development
SUBJECT: Continue the public hearing on application 16084, The Bozeman Hotel
Conditional Use Permit for on-premise consumption of alcohol.
MEETING DATE: June 6, 2016
AGENDA ITEM TYPE: Action
RECOMMENDATION: Staff recommends that the Commission continue the public hearing
to an undetermined date. RECOMMENDED MOTION: I hereby continue the public hearing on application 16084,
The Bozeman Hotel Conditional Use Permit for on-premise consumption of alcohol from June 6,
2016 to a later date to be determined.
BACKGROUND:
This is an application for a Conditional Use Permit for retail sales and on-premise consumption
of alcohol in the existing bar and restaurant tenant spaces in the main and basement levels of the
Bozeman Hotel building at 321 E. Main.
The Applicant respectfully requests this item be continued to a later date to allow time to address
revisions to the application.
The application will be re-noticed pursuant to Section 38.40, BMC.
UNRESOLVED ISSUES: None.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Set an alternate date for the public hearing.
FISCAL EFFECTS: None identified at this time.
Report compiled on: June 3, 2016
170