HomeMy WebLinkAbout06-12-17 City Commission Packet Materials - A1. Whistle Pig CUP for On-Premise ConsumptionStaff Report 17207 Whistle Pig On-Premise Alcohol Consumption CUP Page 1 of 14
17207 Staff Report for the Whistle Pig On-Premise Consumption of Alcohol
Conditional Use Permit
Date: City Commission Public Hearing June 12, 2017
Project Description: A conditional use permit (CUP) application to allow sales of alcohol
for on-premise consumption using a restaurant beer and wine license in an existing restaurant located within the B-3 (Central Business) zoning district.
Project Location: 25 North Willson Avenue, Suite A. The subject property is legally
described as Lots 17-20 and the East 12-feet of Lot 16, Block B, Tracy’s First Addition,
S07, T02S, R06E, 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 17207 and move to approve the Whistle Pig On-Premise Consumption of
Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions.”
Report Date: Wednesday, March 24, 2017
Staff Contact: Mitch WerBell, Associate Planner
Agenda Item Type: Action (Quasi-Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a conditional use permit (CUP)
application on April 25, 2017 for a building tenant space addressed as 25 North Willson
Avenue, Suite A. The CUP application requests permission for sales and on-premise
consumption of alcohol in the existing Whistle Pig Korean restaurant, using a restaurant beer & wine license, issued by the State of Montana. The sale of any type of alcohol for on-premise consumption is a conditional use in the B-3 (Central Business) district. The subject
property falls within the Neighborhood Conservation Overlay District; however, the
application does not propose any changes to the building or site.
The application does not propose any zoning variances or deviations.
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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 1
SECTION 1 – MAP SERIES .................................................................................................... 3
SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL ...................................... 6
SECTION 3 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC...................... 6
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 5 – STAFF ANALYSIS .......................................................................................... 7
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 7
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 10
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 12
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 13
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 13
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 14
FISCAL EFFECTS ................................................................................................................. 14
ATTACHMENTS ................................................................................................................... 14
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SECTION 1 – MAP SERIES
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SECTION 2 – 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 beer and wine license for the establishment
must be submitted to the Department of Community Development prior to the sale of
alcoholic beverages.
3. Any modification of the State on-premises consumption retail alcohol license from a restaurant beer and wine license requires review and approval of a new conditional use permit.
4. 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 alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol.
5. Any expansion of this use or facility is not permitted unless reviewed and approved as
required under the applicable regulations of the Bozeman Municipal Code.
SECTION 3 – 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 applicant with the document to record.
B. Section 38.19.110.I 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;
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.
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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 4 – RECOMMENDATION AND FUTURE ACTIONS
Project Name: 17207 Whistle Pig On-Premise Consumption of Alcohol CUP
The Development Review Committee (DRC) considered the conditional use permit application to allow the sales of alcohol for on-premise consumption in the building tenant space addressed as 25 North Willson Avenue. The DRC recommended conditional approval of the application on
May 24, 2017.
The City Commission will hold a public hearing and review the application at its June 12, 2017
meeting. SECTION 5 – STAFF ANALYSIS
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 chapter, the review authority and advisory bodies shall consider the following criteria.
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.
Staff did not identify any conflicts with the goals and objectives of the Bozeman Community
Plan. This use is permitted within the B-3, Central Business District with the approval of a conditional use permit (CUP). Diversification of product offerings in downtown Bozmean encourages healthy economic activity and provides a range of options for patrons.
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 with the BMC for the property.
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3. Conformance with all other applicable laws, ordinances, and regulations
The City previously evaluated plans against the requirements of the International Building
Code prior to the restaurant tenant improvements. The conditions of approval address
coordination with other regulating agencies. The applicant must provide the Department of Community Development with a copy of the State restaurant beer and wine license prior to
commencement of the proposed use. The building falls within the Bozeman Police
Department service area.
4. Relationship of site plan elements to conditions both on and off the property
The application does not propose any changes to the existing building. The restaurant use is compatible with and sensitive to the adjacent mix of uses and approved development relative
to access, parking, circulation, and accessibility. The site provides adequate parking and
public facilities are adequate to serve the building. Addition of beer and wine sales and on-
site consumption will not materially change site plan elements.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
This proposal will not change the existing use, as identified in the parking matrix of the
Unified Development Code, and therefore will not impact traffic and parking conditions.
Restaurants, cafes, bars, and similar uses collectively require the same amount of parking at
one space per 50-square feet of serving area. Approval of a conditional use permit for the sales and on-premise consumption of alcohol will not alter parking requirements in the existing restaurant space.
Additionally, the downtown parking garage, two public parking lots, and the nearby
Streamline transit stop provide additional transportation and parking options to serve this
existing restaurant.
6. Pedestrian and vehicular ingress and egress
The street frontage pedestrian sidewalk along North Willson Avenue provides clear public
pedestrian access. The adjacent alleyway allows vehicle access to the existing parking lot on
the west side of the building. The parking lot provides for direct, accessible access to the
building and tenant space.
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. This is an existing conforming site and this application does not require any
additional landscaping improvements.
8. Open space
Not applicable. Commercial uses do not require the provision of residential open space.
9. Building location and height
Not applicable. The application does not include any changes to the existing building. This is
an existing conforming site.
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10. Setbacks
Not applicable. The application does not include any changes to the existing building. This is
an existing conforming site.
11. Lighting
Not applicable. The application does not include any changes to the existing building. The
applicant is aware that any future lighting modifications shall be in conformance with the
Bozeman Municipal Code.
12. Provisions for utilities, including efficient public services and facilities
The application does not propose any changes to the water and sewer services or private utilities. There is adequate water and sewer capacity to allow for the continued use. The Solid
Waste Division collects waste from the building off the alleyway. The Water and Sewer
Division tested and approved the building’s backflow prevention system to ensure the safety
of the public water supply.
13. Site surface drainage
Not applicable. The proposed use will not affect existing drainage to the city stormwater
collection system.
14. Loading and unloading areas
Not applicable. The proposed use does not require any specific loading areas.
15. Grading
Not applicable. The application does not include any changes to the site.
16. Signage
Not applicable. Permitted signs exist on the building. Staff advised the applicant of the
requirement of a sign permit with a Certificate of Appropriateness for any signage
modifications to the building.
17. Screening
Not applicable. The application does not propose any mechanical equipment modifications.
Any future changes to mechanical equipment and required screening will require a
Certificate of Appropriateness application. The applicant is advised that all mechanical
equipment must be screen from view from public rights of way.
18. Overlay district provisions
The property is located in the Neighborhood Conservation Overlay District, but this
conditional use permit application does not propose any exterior modifications that require a
Certificate of Appropriateness.
19. Other related matters, including relevant comment from affected parties
Staff did not receive any public comment in regards to this project as of the writing of this
report. Staff will forward any public comment to the City Commission prior to the public
hearing.
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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
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.
Not applicable. This is an existing tenant space in a standalone building. The proposal does not change any existing parking demands, which are satisfied by several means including on-
site parking.
21. Compliance with Article 43 of the Bozeman Municipal Code.
Not applicable. Affordable Housing provisions do not apply to commercial uses.
22. Phasing of development
Not applicable.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, 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;
The restaurant tenant space at 25 North Willson, Suite A is located within Bozeman’s diverse
downtown. The district contains a diverse range of complimentary uses including restaurant,
office, residential, and retail. Many nearby establishments hold alcoholic beverage licenses including a brewery, distillery, and restaurants with both beer and wine and all-beverage
licenses. Recommended Condition 2 requires a copy of the State Revenue Department
restaurant beer and wine license prior to serving.
The site is an existing restaurant tenant space within a multitenant building. The proposed
area for sales of alcohol for on-premise consumption in the tenant space is the same as the existing restaurant serving area and is contained entirely within the building. The application
does not propose any outdoor service area. Patrons primarily access the building by foot
travel from the sidewalk adjacent to North Willson Avenue and West Mendenhall Street and
by vehicle with an on-site parking lot and several public parking lots located in close
proximity.
Staff finds the site adequate in size and topography to accommodate sales of beer and wine
for on-premise consumption in the existing Whistle Pig Korean restaurant at 25 North
Willson Avenue.
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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. Specifically, Staff
included Condition 4 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 alcohol container, minor in possession of
alcohol, or any other applicable law regarding consumption and/or procession of alcohol. The application highlights specific measures that the applicant plans to implement to
accommodate the use. These measures include commercial insurance, employee training,
State certifications, and monitoring for open container violations and intoxication. There is
adequate parking, pedestrian access, and solid waste and other municipal services to
accommodate the proposed use.
The proposed use will occur entirely within the existing building. Staff finds the sales of beer
and wine for on-premise consumption will have no material adverse effects upon abutting
properties.
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 identified and recommended project conditions during the review process that are
included to protect the public health, safety, and general welfare. Several of these are
standard conditions of approval that the City has consistently applied to alcohol serving
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establishments and conditional use permits. Staff recommended Condition 3, which requires
review and approval of a new conditional use permit for any license type other than a beer
and wine license. While the Bozeman Municipal Code does not differentiate between beer,
wine, and all-beverage licenses, the application explicitly proposes on-premise consumption of beer and wine to closely follow the restaurant’s operating hours. A change in license type
is a material modification. Any changes would require further assessment of related impacts
from a change to all-beverages. Review of a new conditional use permit application for a
different license type will allow for proper public notification and opportunity for affected
parties to offer comment based on a different alcoholic beverage license type.
Staff finds the proposed conditions of approval are necessary to protect the public health,
safety, and general welfare and to ensure consistency with the application information as
presented for this CUP.
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.
Staff will work with the applicant and landowner to address the necessary recording of documents as part of the final processes prior to sales and on-premise consumption of alcohol
at 25 North Willson Avenue. Section 3 of this report cites the specific code provisions related
to conditional use permit approval. The City will provide the document to the landowner to
be recorded following approval by the City Commission.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned as B-3, Central Business District. 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
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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
On April 25, 2017, the Department of Community Development received an application
requesting a conditional use permit (CUP) for a building tenant space at 25 North Willson
Avenue. The subject property is located at the southwest corner of the intersection of North
Willson Avenue and West Mendenhall Street. The existing restaurant, Whistle Pig Korean, provides food service entirely within the building tenant space “A.” This application proposes the addition of sales and on-premise consumption of alcohol, limited to the existing
serving area. No outdoor seating exists. The application explicitly proposes the utilization of
a State of Montana restaurant beer and wine license. Sales of alcohol for on-premise
consumption is a conditional use throughout the City of Bozeman. The application does not propose any changes to the existing serving area or building. No deviations or variances are requested.
The applicant intends to serve alcohol in the existing 341-square foot permitted restaurant
seating area as shown on the site plan in the application materials. The existing preparation
area in the rear of the tenant space includes a secure 37-square foot area for storage of beer and wine, a requirement of the State of Montana. For the City Commission to approve the CUP, Staff recommends that the applicant be required to submit a copy of the State alcohol
license prior to serving. The Fire Department will conduct an inspection prior to issuance of a
City alcohol business license. Staff further recommends that this approval only be granted for
the stated and intended beer and wine license type and any future change in license will necessitate review and approval of a new CUP. The recommended conditions of approval address above-referenced items in this report.
At its May 24, 2017 meeting, the Development Review Committee voted unanimously to
recommend approval of the CUP application with the recommended conditions identified in
this report. Staff advised the applicant of the CUP provisions of the Bozeman Municipal Code, which provide revocability parameters. If the City Commission approves the CUP, Staff will provide the applicant a copy of the conditions of approval and CUP code
provisions that shall run with the land and must be signed by the landowner and recorded at
the Gallatin County Clerk and Recorder’s Office.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Staff publicly noticed this conditional use permit application pursuant to Section 38.40.030, BMC. On, May 24, 2017, Staff mailed notice to property owners within 200 feet of the
exterior boundaries of the property. Notice will be published in the Bozeman Daily Chronicle
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on May 28 and June 4, 2017. Staff posted notice on-site on May 24, 2017, at least 15 and not
more than 45 days prior to the expected decision by the City Commission.
If Staff receives any public comment prior to the public hearing, it will be forwarded to the
City Commission. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Calvin & Alice K. Smith Trust, High Country Mall LLC, P.O.Box 127, Harrison, MT 59735
Applicant: Ross Franklin, 204 Silver Cloud Circle, Bozeman, MT 59715
Report By: Mitch WerBell, Associate Planner
FISCAL EFFECTS
Staff did not identify any unusual fiscal effects. This application will not change any presently budgeted funds.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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PROJECT NARRATIVE
This CUP narrative is being submitted for the proposed on‐premise sale and consumption
of beer and wine at the Whistle Pig Korean Restaurant at 25 North Willson Avenue Suite A,
in Bozeman, MT. The Owners intend to offer a small selection of Korean and local beers, as
well as wine to customers during the lunch and dinner service. The hours of operation will
primarily be 11:00 am to 9:00 pm, Tuesday through Saturday.
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 building tenant space at 25 North Willson Avenue Suite A is located in the downtown
district. The space is an existing restaurant within a multitenant building. The proposed
addition of the sale of alcohol for on‐premise consumption will not change the size of the
building or tenant space, nor is any construction required. The restaurant will only serve
alcohol within the serving and dining areas indicated.
There are already several commercial operations with alcohol licenses in close proximity to
this building, including restaurants, a brewery, bars, and a distillery.
The building is bound by an alleyway and the Baxter Hotel to the south, private parking lots
to the west, Mendenhall Street and O’Reilly Auto Parts to the north, and North Willson
Avenue, and a public parking lot to the east. Neighboring tenants within the building
include a Massage Therapist, Hair Salon, Pharmacy, Rock and Mineral Store, Gun Shop,
Printer, and a vacant office space.
North Willson Avenue and Mendenhall Street provide pedestrian and vehicular accessibility
to the building through existing ingress and egress locations, with the primary
ingress/egress at the front of the building on North Willson Avenue. There is a private
parking lot with 15 parking spots designated for the use of the tenants of 25 North Willson
Avenue (High Country Mall), as well as handicap parking to the west of the building, public
parking lots to the east, and public street parking along Mendenhall Street and North
Willson Avenue. Per the “Bozeman Code of Ordinances, Section 8.25.040, Table 8.25.040‐
3” Whistle Pig Korean has the required 1 parking space per 50 square feet of indoor public
serving area.
All current and future loading and deliveries are located in the alleyway to the south,
between High Country Mall and the Baxter Hotel, as to not interfere with traffic on
Mendenhall Street and North Willson Ave.
The addition of a restaurant with the ability to serve alcohol on Mendenhall Street will aid
in the revitalization of this street. As well as reducing congestion on Main Street, by giving
people additional options for dining within walking distance.
This location is of adequate size and topography to be able to accommodate the addition
of the sale of alcohol for onsite consumption, while bringing more attention and
consumerism to the Mendenhall area.
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2. That the proposed use will have no material adverse effect upon the abutting property:
This site is currently a restaurant with little to no adverse effect on the abutting properties, the
addition of the sale and consumption of beer and wine onsite will have negligible future effect.
Several trash and recycling receptacles are located within the restaurant’s dining and service areas,
with recycling bins and dumpsters located in the building’s private parking lot to the west. Trash
and recycling a regular picked up to ensure the cleanliness of the surrounding area.
The serving of beer and wine will be closely monitored to ensure all laws are strictly followed. Open
containers outside of the restaurant premises will not be tolerated by the staff and owners. All
owners and servers will be properly certified to serve alcohol per Montana state law. Making sure
no minors are served alcohol and not over serving patrons will ensure a healthy and safe
environment within restaurant and the surrounding areas.
The additional of the sale of beer and wine at this location will not affect the abutting properties.
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare:
Whistle Pig Korean will be initiating several new policies to ensure the safety and welfare of the
public.
Whistle Pig Korean will be insured through Travelers Insurance for the appropriate policies in
order to cover the sale and consumption of alcohol on premises.
New policies by Whistle Pig Korean will be used to promote a safe environment within the
restaurant and the surrounding area. All servers at Whistle Pig Korean will be state certified to
serve alcohol. With the proper training all employees will be to correctly serve alcohol within the
legal limits. If a patron is deemed unable to drive and/or safely return home several taxi numbers
and the Bozeman Police phone number will be available. No open containers will be tolerated
outside of the dining area. This will aid in creating a strict drinking environment and lessen the
negative impact of public intoxication.
The goal for Whistle Pig Korean is to be able to give their patrons the option to order beer or wines
with their meal, while also ensuring no negative impact for their neighbors or the City of Bozeman.
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Whistle Pig Korean Commercial Certificate of Appropriateness
25 North Willson Avenue Parking Requirement Calculations
Bozeman, MT 59715
PARKING NARRATIVE
Faure Halvorsen Architects has developed a CUP application for a portion of the building at
25 North Willson Avenue. The space, commonly known as Suite A, is the existing Whistle
Pig Korean Restaurant. We are submitting the Conditional Use Permit for the on-site sale
and consumption of alcohol. The restaurant has appropriate seating for the occupancy
requirements with proper means of egress to the front and rear of the space. The restaurant
is located within 200’ of the parking garage as the crow flies per the Bozeman GIS Maps.
The restaurant is also located within 800’ of a Public Transit Stop. These two commuting
amenities provide ample parking space and means of transportation to and from the
restaurant.
SITE AND PARKING CALCULATIONS (Zoning B-3)
Parking Required:
Serving Area = 1500 SF Indoor
Parking Required:
1 space per 50 SF indoor serving area
Parking Reductions:
50% for B‐3 Restaurant Space
15% for Parking Garage within 200’
10% for Transit Stop within 800’
Parking Adjustment:
First 3,000 gross SF of nonresidential within B‐3 district not required to provide parking.
Building owners have allocated 450 SF (15% of total allowance) to this portion of the
building. See attached table for whole building parking adjustment allocations.
Parking Calculations:
Whistle Pig Korean
Restaurant Service Area 340 SF
Parking Spaces Required [340/50] = 6.8 spaces
Reductions to Parking (75%) 6.8 x 0.25 = 1.7 spaces
Total Parking Required 1.7 spaces
Current Parking Adjustment
2 spaces provided by Landloard in west parking lot
2 spaces provided– 1.7 required = .3 more spaces more than required.
NO ADDITIONAL PARKING IS REQUIRED
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