HomeMy WebLinkAbout10-17-16 CC Mtg - A2. Sidewinders CUP16384 Staff Report for Sidewinders Restaurant Sales of Alcohol for On Premises
Consumption – CUP
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16384, Staff Report for Sidewinders Restaurant Sales of Alcohol for On
Premises Consumption – Conditional Use Permit
Date: City Commission Public Hearing October 17, 2016
Project Description: A Conditional Use Permit (CUP) to allow the sales of alcohol for on-
premise consumption in a new restaurant at 780 Boardwalk Avenue.
Project Location: The property at 780 Boardwalk Avenue is zoned B-2 (Community Business)
and located within a Class 1 Entryway Corridor. It is legally described as Lot 3, Block 1 of the
Ferguson Farm Subdivision, located in Section 10, T2S, R5E, PMM, City of Bozeman, Gallatin
County, Montana.
Recommendation: Approval with conditions.
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 16384 and move to approve the conditional use permit with
conditions and subject to all applicable code provisions.
Report Date: October 6, 2016
Staff Contact: Rebecca Owens, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
This is a proposal for a Conditional Use Permit for Sidewinders Restaurant to provide on-
premise alcohol retail and consumption. Application 16384 was submitted by the
applicant/property owner, Blue Collar Restaurant Group/SWIM, LLC, and representative
Delaney & Company. The applicant proposes to add the sales of alcohol for on-premise
consumption through the issuance of a restaurant beer and wine license to an existing
permitted restaurant. An approved CUP is required for the on-premise consumption of
alcohol in the B-2 (Community Business) zoning district. The property is designated in the
community growth policy as Community Commercial Mixed Use and is located within the
Huffine Lane Class 1-level Entryway Corridor Overlay District.
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The Sidewinders restaurant will occupy a commercial building in the Ferguson Farm
development and include 2,907 square feet of interior restaurant area, 1,145 square feet of
outdoor seating area, and 1,188 square feet of basement. The building, restaurant serving
area, and related improvements were approved under a Site Plan with Certificate of
Appropriateness, Application 16151, in August of 2016.
The Development Review Committee reviewed the application on September 28, 2016 and
recommends approval with staff conditions.
No public comment has been received on the 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; or
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES .................... 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC...................... 9
SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 10
SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 7 - STAFF ANALYSIS AND FINDINGS ........................................................... 10
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 11
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 15
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APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ............................... 18
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 19
APPENDIX C - NOTICING AND PUBLIC COMMENT .................................................... 19
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP SERIES
FIGURE 1 - ZONING
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FIGURE 2 - FUTURE LAND USE
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FIGURE 3 - SUBJECT SITE
FIGURE 4 - PROPOSED INDOOR (BLUE) AND OUTDOOR (PINK) ALCOHOL
SERVING AREAS
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FIGURE 5 - NORTH ELEVATION (FRONT)
FIGURE 6 - SOUTH ELEVATION (REAR)
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FIGURE 7 - EAST ELEVATION (SERVICE AREA)
FIGURE 8 - WEST ELEVATION (PATIO ENTRANCE)
SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES
No relaxations/deviations or variances have been requested as part of this application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report.
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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, do 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 Montana Department of Revenue alcohol license for the establishment
must be submitted to the Department of Community Development prior to the sale of
alcoholic beverages. 3. Applications for liquor and business licenses must be completed and filed with the City, and documentation of proof shared with Community Development.
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. An approved CUP is revocable per the provisions established in the 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 alcohol
policies found in Article 4, including but not limited to open alcohol container (Sec.
4.04.030), minor in possession of alcohol (Sec. 4.04.010), or any other applicable law
regarding consumption and/or possession of alcohol.
SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC
A. Section 38.19.110.F BMC states that the right to a conditional use permit shall be
contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions shall
constitute restrictions running with the land, shall be binding upon the owner of the land,
his successors or assigns, shall be consented to in writing by the applicant prior to
commencement of the use and shall be recorded as such with the Gallatin County Clerk
and Recorder’s Office by the property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions specifically stated
under any conditional use listed in this title shall apply and be adhered to by the owner of
the land, successor or assigns. This is a required final step in the CUP process. The City
will provide the document to record.
B. Sections 38.19.110.I and 38.34.160 BMC describes the process for
termination/revocation of a conditional use permit approval:
1. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements. Over time these things may change and
the use may no longer be appropriate to a location. A conditional use permit will be
considered as terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the
site for a period of two continuous calendar years;
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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
d. There are substantial complaints from the public or from the Police Department
regarding violations of the City of Bozeman’s alcohol policies found in Article 4,
including but not limited to open alcohol container (Sec. 4.04.030), minor in
possession of alcohol (Sec. 4.04.010), or any other applicable law regarding
consumption and/or possession of alcohol.
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.
SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
None identified.
SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS
Project: Sidewinders Restaurant On-Premise Consumption CUP
Application: 16384
The Development Review Committee (DRC) considered the CUP on September 28th, 2016,
at 10 a.m. The DRC found the application to be sufficient for review and made a motion to
recommend approval of the CUP with the staff conditions.
The City Commission will consider the proposal on October 17th, 2016. The City
Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City
Commission room at 6 p.m.
SECTION 7 - STAFF 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.
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Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, do not in any way create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
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 property is zoned B-2, Community Commercial District, which has the intent “to
provide for a broad range of mutually supportive retail and service functions located in
clustered areas bordered on one or more sides by limited access arterial streets.” This is a
new restaurant, and the addition of sale and consumption of alcohol is in compliance as a
permitted use in B-2 with the approval of a Conditional Use Permit.
The property is located in one of the implementing districts for the Community Commercial
Mixed Use land use designation according to the adopted growth policy. Activities within
this land use category are the basic employment and services necessary for a vibrant
community. Establishments located within these categories draw from the community as a
whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences,
and general service activities typify this designation. Adjoining properties are also
commercial and planned for similar activities.
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 zoning and the
growth policy have been identified.
For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
The project, if approved, will conform to the Bozeman Municipal Code. There are no known
documented violations of the BMC for this property.
3. Conformance with all other applicable laws, ordinances, and regulations
The Sidewinders Restaurant Site Plan and Certificate of Appropriateness (COA) project was
previously reviewed and approved in accordance with the BMC. Plans will be evaluated for
consistency and against the requirements of the International Building Code (IBC) at the time
a building permit application is submitted. Conditions of Approval 2 and 3 address
coordination with other regulating agencies.
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4. Relationship of site plan elements to conditions both on and off the property
This CUP application conforms to a previously approved master site plan and site plan, and
no material changes have been proposed. In 2014, the property received approval for the
Spring Creek Village Resort Master Site Plan, Application Z-14309, for the development of a
20-lot commercial subdivision now referred to as Ferguson Farm.
The Sidewinders site plan was approved in 2016, and the restaurant serving areas were
approved at that time. The restaurant with on-premise sales and consumption of alcohol use
is compatible with and sensitive to the adjacent mix of uses and approved development
relative to access, parking, circulation, and accessibility.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Traffic impacts and parking requirements were addressed through the master site plan, and
Sidewinders development review processes. The Spring Creek Village Resort Master Site
Plan was approved with an overall shared parking and circulation plan, and no changes are
proposed with this application. Spring Creek Village/Ferguson Farms includes adequate
pedestrian connections across the entire Master Site Plan in order to provide safe access to
parking areas. Shared parking and public access easements are in place. Parking calculations
and parking reduction deviations were approved with the anticipated use of this lot within the
master site plan. The Sidewinders site plan required 70 parking spaces and conforms to those
requirements. Parking requirements will not be altered with approval of a conditional use
permit for the sales and on-premise consumption of alcohol in the previously approved
restaurant serving areas.
6. Pedestrian and vehicular ingress and egress
As part of the Master Site Plan, vehicular ingress and egress was reviewed and approved by
the Montana Department of Transportation and City of Bozeman Engineering. All hardscape,
roads, curbs, and sidewalks have been completed for the master site plan and have been
inspected by the City of Bozeman Engineering Division. The financial guarantee ensuring
their completion has been released back to the developer.
Multiple pedestrian accesses for the subject site are provided from the street frontage
pedestrian sidewalk on Boardwalk Avenue, the shared use pathway to the south of the
project, along Huffine Lane, and from a side entrance to the patio area along the building’s
northwestern corner. Pedestrian access between the parking lot and Sidewinders Restaurant is
accessed from the building’s northern primary entrance. Off-site street parking spaces are
provided on Broadway Avenue, located to the immediate west. An off-street unloading area
exists on the eastern side of the Sidewinders Restaurant building. Pedestrian and vehicular
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ingress and egress, including for sidewalk and ADA ramp design, comply with code
standards.
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
Landscaping improvements were required and approved as part of the site plan for
Sidewinders Restaurant. Landscape improvements will be installed with construction of the
building.
8. Open space
This is a commercial site plan development. No residential development is proposed;
therefore, no open space is required or proposed.
9. Building location and height
No changes to the existing building are proposed from the approved site plan, which was
approved for the construction of a 7,002-gross square foot building. The proposed height of
the building complies with zoning. Section 38.10.060 “Building Height” of the UDC
establishes a maximum height for B-2 commercial districts. Based on the plans, the proposed
building at 32’ will not exceed these heights. The building is organized in coordination with
existing development patterns along Huffine Lane and planned commercial development
within the previously approved and actively developing Ferguson Farm Master Site Plan.
10. Setbacks
No changes to the setbacks approved in the site plan are proposed with this application. The
site plan approved a deviation request from the required setback along the West Main
/Huffine Lane Class I entryway corridor that is compliant with the BMC.
11. Lighting
Exterior lighting was previously approved with the site plan.
12. Provisions for utilities, including efficient public services and facilities
Utilities were approved with the site plan. City sewer and water connections are proposed to
the mains located on the southern and western sides of the property connecting to Boardwalk
Avenue. Cash-in-lieu of water rights was paid in full on August 1, 2016. Water for irrigation
purposes is to be sourced from an existing well in the southwest corner of Ferguson Farm,
through a main line existing south of the proposed building. Private utilities including
electric, gas, phone/data are provided and available within the master site plan. A small-
scale, building-integrated photovoltaic panel system is proposed as a supplementary on-site
source of electricity generation.
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13. Site surface drainage
No changes to the site surface drainage approved with the site plan are proposed. The site
generally drains to the north. Stormwater retention will utilize the existing infrastructure as
approved and constructed under the master site plan. Construction of the subject lot will fall
under the active Stormwater Pollution Prevention Plan (SWPP) for the Ferguson Farm
Subdivision. A formal Storm Water Management plan is required. The City Engineering
Division will review the final surface drainage and stormwater management during
stormwater permitting.
14. Loading and unloading areas
These elements were approved with the site plan and no changes to the loading or unloading
areas are proposed.
15. Grading
Grading was approved with the site plan and no changes are proposed. Minimal grading is
required with the proposed development. The site is generally flat.
16. Signage
No signage is proposed with this application. The applicant is aware of the requirement for a
sign permit to be reviewed and approved by the City. It must be in compliance with the
BMC, including Table 38.28.060, and the Ferguson Farm comprehensive signage plan.
17. Screening
Screening was approved with the site plan and no changes are proposed. The code requires
all mechanical equipment locations and screening methods to be shown on the final plans and
building elevations, and that screening be either physical/opaque or integrated into the
building. Mechanical roof screening is proposed, with metal and stone siding that will be
integrated into the building.
18. Overlay district provisions
The site is located in the West Main Street/Huffine Lane Class I Entryway Corridor Overlay
District and previously received approval for a Commercial Certificate of Appropriateness
(COA) as part of the site plan review process. The proposed CUP is consistent with approved
COA criteria.
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.
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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
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
The subject building shares common construction access, vehicular and pedestrian access,
and parking areas with Block 1 of the Ferguson Farm development. There is an easement in
place for use by all property owners/tenants in the development, including on The Ferguson
Market location adjacent to the north of this site.
No changes to previously approved site circulation or easements are proposed with this
application.
21. Compliance with Article 43 of Chapter 38 of the Bozeman Municipal Code
Not applicable.
22. Phasing of development
One phase is proposed for the construction of the individual building and related site
improvements. However, two other lots exist in Block 1 of the Ferguson Farm development
that will be constructed in different phases. As detailed above for plan review criterion #20, a
shared parking area construction assurance and access agreement was required and recorded
with the subject application. No other specific requirements or conditions are required to
facilitate the phasing of this development.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
Staff finds the site adequate in size and topography to accommodate the sales of alcohol for
on-premise consumption.
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The project has been previously reviewed for setbacks, signage, landscaping, public areas,
bicycle parking, etc. and has received the City’s approval. Parking is adequate per BMC
requirements previously reviewed and approved with the site plan. Construction of parking
on the parcel is in progress and will provide enhanced parking accessibility.
The commercial building at 780 Boardwalk Avenue, approved for use as a restaurant, is
located in close proximity to residential subdivisions and commercial developments
including offices and retail. The location of the building is harmonious with the increased
pedestrian activity associated with neighboring developments. The subject property is
bounded by a parking lot on the north, a pedestrian sidewalk to the west along Boardwalk
Avenue, an internal drive access and service area to the east, and Huffine Lane, with
associated paths and right-of-ways, to the south. The building is primarily accessed by
pedestrian travel from the parking lot and western sidewalk adjacent to Boardwalk.
The restaurant and proposed on-premise sales and consumption of alcohol will be
constructed in conformance to the approved site plan and building code requirements. The
site will provide safe access and adequate circulation, and be in conformance to the City’s
most current standards. The Ferguson Farm development is proposed with mixed uses in
conformance with the underlying land use designation. This restaurant is proposed to be the
second location with alcohol service in the development. The Ferguson Farm Market
received CUP approval for on-premise sales and consumption of alcohol in June 2015.
The proposed area for sales of alcohol for on-premise consumption is the same as the
previously approved restaurant indoor and patio serving areas. The patio service area is
enclosed by a perimeter barrier and will be open seasonally. Two separate doors allow
emergency egress from the patio. The applicant is aware that the sale of alcohol for on-
premise consumption is limited to the approved indoor restaurant serving area and outdoor
patio.
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;
Staff finds the retail sale and consumption of alcohol will not have any material adverse
effect upon the abutting properties with the recommended conditions of approval as
identified in Section 3. With the Community Development recommended conditions of
approval and required code provisions, the application complies with the Unified
Development Code. Specifically, this report includes reference to Condition of Approval 5
and Conditional Use Permit Code Provision B that allows the City of Bozeman to revoke the
right to serve alcohol to patrons based on substantial complaints from the public or from the
Police Department regarding violations of the City of Bozeman’s open alcohol container,
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minor in possession of alcohol, or any other applicable law regarding consumption and/or
possession of alcohol.
The proposed sale and consumption of alcoholic beverages will not have materially adverse
effects upon the adjacent properties. Sidewinders is part of the larger Ferguson Farm
Subdivision, which has been master planned with City approval to have a variety of uses
within the Farm including restaurants, bars, offices, retail, etc. No gaming is proposed within
the establishment. There is adequate parking, pedestrian access and municipal service to
serve the proposed use.
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 finds the proposed use in conformance to these criteria. The application states that
Sidewinders Restaurant will be serving food and alcohol between the hours of 11:00 a.m. -
12:00 a.m. Monday through Friday, and for brunch and other meals between 9:00 a.m. -
12:00 a.m. on the weekend. Staff does not find it necessary to impose additional time
limitations specific to this particular property. Staff has identified, through the review
process, recommended project conditions that are included to protect the public health,
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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 property owner prior to the issuance of any building permits, final
plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final site plan
process and will be required prior to approval of the final site plan.
The necessary recording of documents must be addressed prior to occupancy of the tenant
space. A document to be recorded will be provided by the City following preliminary
approval. Code Provision A is cited in Section 4 of this report as relates to Conditional Use
Permit approval.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned B-2 (Community
Business). The intent and purposes of the commercial zoning districts are to establish areas
within the City that are primarily commercial in character and to set forth certain minimum
standards for development within those areas. The project is located in the Class 1 Entryway
Overlay District and no changes requiring a new Certificate of Appropriateness are proposed
with this CUP application.
Adopted Growth Policy Designation: The property is designated as “Community
Commercial Mixed Use” in the Bozeman Community Plan. Community Commercial Mixed
Use has a wide variety of options with which this project complies, such as:
• They should typically be located on one or two quadrants of intersections of arterials
and/or collectors.
• Mixed use areas should be developed in an integrated, pedestrian friendly manner and
should not be overly dominated by any single land use.
• A Floor Area Ratio in excess of .5 is desired.
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• Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space
and park amenities are anticipated, appropriately designed for an urban character.
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description: An application was submitted to the Department of Community
Development on September 7, 2016 requesting a Conditional Use Permit to allow the sales of
alcohol for on-premise consumption in a new restaurant at 780 Boardwalk Avenue. The
applicant proposed to add the sale of alcohol for on-premise consumption through the
issuance of a restaurant beer and wine license. An approved CUP is required for on-premise
sales and consumption of alcohol. The property is zoned B-2, Community Business, and
located within a Class 1 Entryway Corridor. The subject property is located on the southwest
corner of the intersection of Huffine Lane and Boardwalk Avenue. It is legally described as
Lot 3, Block 1 of the Ferguson Farm Subdivision, located in Section 10, T2S, R5E, PMM,
City of Bozeman, Gallatin County, Montana.
No exterior changes to the site or building are proposed as relates to the previously approved
master site plan and site plan with CCOA reviews. The proposed restaurant is a pad site in
the Ferguson Farm Subdivision Master Site Plan, Application Z-14309. Sidewinders
Restaurant will be the sole tenant, occupying a single-level building with 7,002 gross square
feet that includes 2,907 square feet of floor area for restaurant space on the ground level,
1,188 square feet for a basement, and 1,145 square feet for outdoor seating. The 0.9824-acre,
42,791-square foot lot as well as the size of the building, restaurant service area, and related
site improvements match the specifications recently approved for the same project as a Site
Plan with Certificate of Appropriateness, Application 16151. Parking is detailed in this report
under Section 7. No deviations or variances are requested with this application.
The site and floor plans show the proposed alcohol service areas in the approved restaurant
space and ground-level outdoor patio for a single restaurant tenant. No restaurant service or
dining may be added to the second floor patio of the Sidewinders Restaurant without review
by the Department of Community Development. The conditions of approval must be signed
and recorded prior to occupancy of the tenant space and a copy of the alcohol license must be
submitted to the Department of Community Development prior to serving.
At its September 28, 2016 meeting, the Development Review Committee voted unanimously
to recommend approval of the CUP application with the recommended conditions identified
in this report.
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
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16384 Staff Report for Sidewinders Restaurant Sales of Alcohol for On Premises
Consumption – CUP
Page 20 of 20
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 October 2 and October 9, 2016.
Notice was posted on site on September 27, 2016.
No public comment has been received for this application. 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/Applicant: Joseph M. Rice Jr., Blue Collar Restaurant Group / SWIM, LLC, 6545
N. Vista Ln., Jackson, WY 83001
Representative: Karin Caroline, Delaney & Company, 101 E. Main St., Ste. D, Bozeman,
MT 59715
Report By: Rebecca Owens, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
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
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Project Narrative – Sidewinders Restaurant Conditional Use Permit
The City of Bozeman approved the Sidewinders restaurant (#16151) on August 8, 2016. We are
submitting a CUP application to allow the on-premise sale and consumption of alcoholic
beverages within the interior restaurant and outdoor seating area. Alcohol will not be served in
the upper deck area. That area is reserved for special events and a request to use this area in the
future will be via a special event application with the City.
A) The site is adequate in size and topography to accommodate this request, sale of alcohol.
The project has been previously reviewed for setbacks, signage, landscaping, public areas,
bicycle parking, etc. and has received the City’s approval.
B) The proposed sale and consumption of alcoholic beverages will not have materially
adverse effects upon the adjacent properties. Sidewinders is part of the larger Ferguson
Farm Subdivision and has been master planned with City approval to have a variety of
uses within the Farm: restaurants, bars, offices, retail, etc. Sidewinders will operate from
11am to midnight Monday through Friday. They will open for brunch on Saturdays and
Sundays beginning at 9am and will close at midnight. No gaming is proposed within the
establishment.
C) The applicant understands the proper licensing required to operate a restaurant serving
alcoholic beverages and all necessary permits, fees, and/or inspections with the State of
Montana will be obtained prior to occupancy. All the necessary rules and regulations of
Title 16 of the MCA will be followed. Sidewinders will require each employee who is
authorized to sell or serve alcoholic beverages in the normal course of employment and
the employee's immediate supervisor to successfully complete training to ensure
compliance with state law regarding the sale and service of alcoholic beverages.
Sidewinders will maintain employment records verifying employee completion of the
training required.
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ADDED SUN AWNING
ADDED PHOTOVOLTAIC
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ADDED SUN AWNING
ADDED PHOTOVOLTAIC
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ADDED SUN AWNING
ADDED PHOTOVOLTAIC
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ADDED SUN AWNING
ADDED PHOTOVOLTAIC
GAS & ELEC. PANEL - PAINT TO
MATCH WOOD SIDING
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B-2
ALLOWANCE
400 SF/PER LOT
SIDEWINDERS TOTAL : 328 SF
GAS & ELEC. PANEL - PAINT TO
MATCH WOOD SIDING
LINEAR FOOT OF BUILDING: 58 FT
WALL SIGN 83 SF, (ALLOWANCE - 135 SF)
LINEAR FOOT OF BUILDING: 58 FT
WALL SIGN 0 SF, (ALLOWANCE - 135 SF)
83 SF (3’-8” x 22’-9”)
75 SF60 SF
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LINEAR FOOT OF BUILDING: 120 FT
WALL SIGN 105 SF, (ALLOWANCE - 217.5 SF)
105 SF (3’-5”x 31’)
140 SF (40’ x 3’-6”)
LINEAR FOOT OF BUILDING: 120 FT
WALL SIGN 140 SF, (ALLOWANCE - 217.5 SF)
B-2
ALLOWANCE
400 SF/PER LOT
SIDEWINDERS TOTAL: 328 SF
142.5 SF75 SF
142.5 SF75 SF
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SymbolCommon Plant Name (Scientific Plant Name)Size @ PlantingMature SizeQuantityDrought TolerantThornless Honeylocust(Gleditsia triacanthos v. inermis)1.5-2" calWelchii Juniper(Juniperus scopulorum 'Welchii')Globe Norway Spruce(Picea abies 'Pumila')Katherine Dykes Potentilla(Potentilla fruticosa 'Katherine Dykes')Fritsch Spirea(Spirea fritschiana)Catmint(Nepeta racemosa 'Walker's Low')3-4'15-18"15-18"15-18"6" pot40'-50'10'-15'3-4'2'-3'2-3'2' x 2'4415619yesyesnoyesnoyesPLANT TABLETREESSHRUBSPERENNIALSORNAMENTAL GRASSESKarl Foerster Feather Reed Grass(Calamagrostis x acutiflora 'Karl Foerster')Japanes Tree Lilac [installed by BoardwalkEnterprise] (Syringa reticulata)Boulders [typ.]1.5' diameter - 3.0' diameter1 gal1.5-2" caln/a2'-4'30'-35'n/a5576yesyesn/aFNBenchesn/an/a2n/aBJapanese Tree Lilac(Syringa reticulata)1.5-3" cal30'-35'2yesFat Albert Spruce(Picea pungens 'Fat Albert')4-5'10'-15'2yesCotoneaster(Cotoneaster lucidus)2-3'6-8'5noSidewinders Point Tabulation15 Points RequiredPoints provided:5 points for >75% drought tolerant plant species5 points for west yard5 points for boulders15 points total*An additional 10 points are provided for parking lot landscaping. One plant grouping plusone additional large canopy tree for every 16 parking spaces. See L0 as approved.General Notes-All landscape areas shall have a permanent underground irrigation system installed to promotehealthy plant growth.-All trees shall be staked with a minimum of 2 stakes per tree. Trees not planted in shrub orplanting beds shall have a 18" diameter organic mulch ring around the base.-All planting beds shall be edged with black aluminum edging. All beds shall be lined withprofessional grade weed fabric and then covered with 3" of 1-1.5" washed rock mulch.-All lawn areas shall be sod from a locally grown source-No tree shall be planted within 10' of water or sewer lines.-All trees shall be planted with root flare at grade.-All street trees shall comply with City of Bozeman forestry regulations and a permit shall beobtained as per forestry requirements. all trees along Huffine Lane shall be a minimum of 23 feetfrom edge of pavement.-All plant material shall meet or exceed nursery stock size and quality specifications as set forthby American Nursery Standards.-Retention swale bottom shall be seeded with mix of Great Basin Wild Rye, StreambankWheatgrass, Big Bluestem Grass, Switchgrass, Sedges, Rushes and wet tolerant perennials.Water for irrigation purposes to be sourced from existing well in southwest corner of FergusonFarms Development through a main line existing south of building. All shrub/perennial beds to bewatered via drip-line irrigation. Low-water use drip heads to be used in all turf areas.Date:
Scale:
06-07-2016
1" = 10' - 0"L-1P.O. Box 10242 Bozeman, MT 59715
(406) 587-3406 www.cashmannursery.com01020Scale: 1" = 10' - 0"405Date:Signed:
Designed for:
Sidewinders at Ferguson Farms
Bozeman, MT170
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