HomeMy WebLinkAbout06-19-17 City Commission Packet Materials - A1. 5 West CUP for On-Premise ConsumptionStaff Report 17229 5 West Mendenhall On-Premise Alcohol Consumption CUP Page 1 of 13
17229 Staff Report for the 5 West Mendenhall On-Premise Consumption of
Alcohol Conditional Use Permit
Date: City Commission Public Hearing June 19, 2017
Project Description: A conditional use permit (CUP) application to allow sales of alcohol
for on-premise consumption using an all-alcohol beverage license in a newly constructed commercial building located within the B-3 (Central Business) zoning district.
Project Location: 5 West Mendenhall Street. The subject property is legally described as Tracys 2nd Addition, Section 07, Township 02 2, Range 06 E, Block A, Lot 1-8, 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 17229 and move to approve the 5 West Mendenhall On-Premise
Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code
provisions.”
Report Date: Wednesday, June 9, 2017
Staff Contact: Andrew Boughan, 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 May 10, 2017 for a newly constructed commercial building addressed as 5 West
Mendenhall Street. The CUP application requests permission for sales and on-premise
consumption of alcohol, using an all-alcohol beverage 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 ...................................... 5
SECTION 3 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC...................... 5
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 5 – STAFF ANALYSIS .......................................................................................... 6
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 6
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC ................ 9
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 11
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 12
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 12
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 12
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
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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 all-alcohol beverage 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 all-alcohol beverage license to a license allowing additional uses or scope of services 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: 17229 5 West Mendenhall 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 at 5 West Mendenhall Street. The DRC
recommended conditional approval of the application on May 31, 2017.
The City Commission will hold a public hearing and review the application at its June 19, 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). Additional product offerings provide a range of options for
patrons in downtown Bozeman encouraging healthy economic activity.
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 (BMC). There are no known documented violations with the BMC for the property.
3. Conformance with all other applicable laws, ordinances, and regulations
The City previously evaluated plans against the requirements of the International Building
Code prior during site plan and building permit review. The conditions of approval address
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coordination with other regulating agencies. The applicant must provide the Department of
Community Development with a copy of the State all-alcohol beverage 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 is for multiple tenant spaces within a newly constructed commercial 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 City reviewed the
site plan which satisfied parking requirements; and public facilities are adequate to serve the
building. Addition of an all-alcohol beverage license 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 alter the proposed use, as identified in the parking matrix of the Unified
Development Code, and therefore will not impact traffic and parking conditions. The building
provides 47 parking stalls on-site. Restaurants, cafes, bars, and similar uses collectively require
the same amount of parking at one space per 50-square feet of serving area and one space per 100-square feet for patio seating. 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 the building.
6. Pedestrian and vehicular ingress and egress
The street frontage pedestrian sidewalk along Mendenhall Avenue provides clear public
pedestrian access. The adjacent alleyway allows vehicle access to the underground parking
facility on the north side of the building. The adjacent parking lot provides for direct, accessible
access to the building and tenant spaces.
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. The site plan application, Z-14275, addressed site landscaping requirements.
8. Open space
Not applicable. Commercial uses do not require the provision of residential open space. The
site plan application, Z-14275, addressed open space requirements.
9. Building location and height
Not applicable. The application does not include any changes to the existing building. The site
plan application, Z-14275, addressed building location and height requirements.
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10. Setbacks
Not applicable. The application does not include any changes to the existing building. The site plan application, Z-14275, addressed setback requirements.
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. The site plan application, Z-14275, addressed lighting requirements.
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 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. The site plan application, Z-14275, addressed utility and public services
requirements.
13. Site surface drainage
Not applicable. The proposed use will not affect existing drainage to the city stormwater collection system. The site plan application, Z-14275, addressed site surface drainage
requirements.
14. Loading and unloading areas
Not applicable. The proposed use does not require any specific loading areas. The site plan
application, Z-14275, addressed loading and unloading requirements.
15. Grading
Not applicable. The application does not include any changes to the site. The site plan
application, Z-14275, addressed grading requirements.
16. Signage
Not applicable. Staff advised the applicant of the requirement of a sign permit with any signage modifications to the building. The City reviewed and approved signage within comprehensive
sign plan application 17235.
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 modification application. The applicant is advised that all mechanical equipment must be
screen from view from public rights of way. The site plan application, Z-14275, addressed
screening requirements.
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. The site plan
application, Z-14275, addressed overlay district provisions.
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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.
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 a newly constructed commercial space. 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 spaces at 5 West Mendenhall Street is located within Bozeman’s vibrant
downtown. The district contains a wide range of 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-alcohol beverage licenses.
Recommended Condition 2 requires a copy of the State Revenue Department all-alcohol
beverage license prior to serving.
The site includes a newly constructed commercial building. The proposed area for sales of
alcohol for on-premise consumption in the tenant spaces is consistent with previously approved serving areas in the site plan Z-14275. The application does propose outdoor service area.
Patrons primarily access the building by foot travel from the sidewalk along Mendenhall Street
and by vehicle with an on-site parking lot and several public-parking facilities located in close
proximity.
Staff finds the site adequate in size and topography to accommodate sales of all-alcohol beverages for on-premise consumption at 5 West Mendenhall.
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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. There is adequate parking, pedestrian access, and solid waste and other municipal services to
accommodate the proposed use.
The proposed use will occur entirely on 5 West Mendenhall property. Staff finds the sales of
all-alcohol beverage 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 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 an all-alcohol beverage license. While the Bozeman Municipal Code does not differentiate between beer, wine, and
all-alcohol beverage licenses, the application explicitly proposes on-premise consumption and
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sales through an all-alcohol beverage license. This is the most intensive type of alcohol license.
Use of a less intensive alcohol license is within the scope of the initial review.
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 5 West Mendenhall Street. 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
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
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while providing areas of transition to adjacent areas and preserving the historic character of
Main Street.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
On May 10, 2017, the Department of Community Development received an application
requesting a conditional use permit (CUP) at 5 West Mendenhall Street. The subject property
is located on the north side of Mendenhall Street between North Willson Avenue and North
Tracy Avenue. The multi-tenant building provides varied tenant spaces. This application proposes the addition of sales and on-premise consumption of alcohol, limited to the proposed area. The site plan application included outdoor seating. The application explicitly proposes
the utilization of a State of Montana all-alcohol beverage 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 zoning deviations or variances are requested.
The applicant intends to serve alcohol in the restaurant spaces at 12,358-square feet, patio
space at 4,607-square feet, supplemental alcohol service area 2,347-square feet. The basement
storage area is 239-square feet in the permitted building areas as shown on the site plan in the
application materials. 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 all-
alcohol beverage. The recommended conditions of approval address above-referenced items
in this report.
At its May 31, 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, June 1, 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 on June 4 and June 11, 2017. Staff posted notice on-site on June 1, 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: 5 West, LLC, 20 North Tracy Avenue, Bozeman, MT 59715
Applicant: Lauren Cummings c/o 5 West, LLC, 20 North Tracy Avenue, Bozeman, MT 59715
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Report By: Andrew Boughan, 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
90
Conditional Use Permit
SALES OF ALCOHOL FOR ON PREMISE CONSUMPTION
5 WEST MENDENHALL
SUBMITTAL DATE: MAY 10, 2017
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g:\mndnhall_cns\cns\additional service\comp sign plan & cup\cup\from l\individual files\concept request waiver.docx
http://www.ctagroup.com E-mail: info@ctagroup.com
May 10, 2017
City of Bozeman
Community Development Department
PO Box 1230
Bozeman Montana
To Whom It May Concern,
CTA is pleased to submit a Conditional Use Permit application on behalf of 5 West, LLC for the
project at 5 West Mendenhall. Since this is a recently approved project that has an approved site
plan and is currently under construction it is only appropriate to request a waiver from the concept
review requirement. This request also comes after guidance from Brian Krueger in an attached
email which expresses his support for the request.
Sincerely,
CTA ARCHITECTS ENGINEERS
Jimmy Talarico
cc: CTA File -
92
1
Monica Plecker
From:Jimmy Talarico
Sent:Wednesday, May 03, 2017 10:16 AM
To:Monica Plecker
Subject:FW: 5 West Mendenhall CUP
Follow Up Flag:Follow up
Flag Status:Flagged
FYI.
Jimmy Talarico
Architecture | Business Development
o 406.556.7122 | d 406.922.7125
From: Brian Krueger [mailto:BKrueger@BOZEMAN.NET]
Sent: Wednesday, May 3, 2017 9:57 AM
To: Jimmy Talarico <jimt@ctagroup.com>
Subject: RE: 5 West Mendenhall CUP
You will also have to request a waiver to the concept review in letter format. You are required to complete a concept
review for all CUP’s. I’d grant a waiver in this case.
Brian Krueger | Development Review Manager, Community Development
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771
406.582.2259 | bkrueger@bozeman.net | www.bozeman.net
From: Jimmy Talarico [mailto:jimt@ctagroup.com]
Sent: Wednesday, May 3, 2017 8:53 AM
To: Brian Krueger <BKrueger@BOZEMAN.NET>
Cc: Monica Plecker <monicaplecker@ctagroup.com>
Subject: RE: 5 West Mendenhall CUP
Well I heard you’ve been busy…
I appreciate the direction Brian. We’ll run with this and should be getting it in to planning next Wednesday.
Thanks again,
Jimmy Talarico, Associate
Architecture | Business Development
o 406.556-7100 | d 406.922-7125
2
Cc: Monica Plecker <monicaplecker@ctagroup.com>
Subject: RE: 5 West Mendenhall CUP
Jimmy,
I am not kidding when I say that I am booked up through the 15th. I would recommend looking at the Element Hotel CUP
that was done for that property. It should get you where you need to go. If you have questions on top of that one of
planning technicians at the front desk could provide direction. See attached.
Brian Krueger | Development Review Manager, Community Development
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771
406.582.2259 | bkrueger@bozeman.net | www.bozeman.net
From: Jimmy Talarico [mailto:jimt@ctagroup.com]
Sent: Tuesday, May 2, 2017 2:47 PM
To: Brian Krueger <BKrueger@BOZEMAN.NET>
Cc: Monica Plecker <monicaplecker@ctagroup.com>
Subject: 5 West Mendenhall CUP
Brian,
Monica Plecker is one of our planners and she is helping me put together a CUP for the liquor license for 5 West
Mendenhall. We talked a while back about a strategy for this submittal, but now that we are moving forward with it I’d
like to see if we could have a quick (15 min) call to regroup on this.
Would you happen to be available either this afternoon, tomorrow morning, or any time on Thursday? I’ll set up a
conference call for us when we have a time that works. And I appreciate your help on getting us lined out for this one.
Thanks in advance,
Jimmy Talarico, Associate
Architecture | Business Development
o 406.556-7100 | d 406.922-7125
CUP
Conditional Use Permit Required Materials CUP Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Required Forms:
CONDITIONAL USE PERMIT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets Complete and signed development review application form A1 Plan sets that include all conditional use permit checklist items below unless otherwise provided in another application type Only If new building construction, plan sets that include all required items listed on the site plan checklist forms SP and SP1 Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1set that include 11 x 17 inch plans 2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1and materials APPLICATION FEE Base fee $1,508 Additional application fees may apply if new construction. Application types and fees are cumulative. CONDITIONAL USE PERMIT CHECKLIST 1. Project Narrative providing a thorough description of what uses are being proposed and how they will function on the site and including detailed responses to the following: a. Response to the requirement that requires 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 property relate such use with the land and uses in the vicinity; b. Response to the requirement that the proposed use will have not materials adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; and c. Response to the requirement of any special conditions of approval necessary to protect the public health, safety and general welfare 2. Location/vicinity map, including area within one-half mile of the site 3. Site plan with north arrow showing property dimensions, location of buildings, parking, driveways, off street loading, landscaping, location of utilities, access, pedestrian facilities, and use location. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. 4. Floor plans showing floor layout including square footage and proposed use for each room and area within the building. Suggested scale of ¼ to one foot. 5. For alcohol production sales and serving and gaming uses the floor plan shall show complete floor layout of restaurant with production/manufacturing/kitchen uses, gaming area and restaurant serving areas (seating) by location and square footage 6. Parking calculations for all uses, including detailed calculations of deductions, if proposed
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Conditional Use Permit Required Materials CUP Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Required Forms:
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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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:
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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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N1
Noticing Materials Page 1 of 1 Revision Date 1-05-16
Required Forms: N1 Recommended Forms: Required Forms:
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which affects
their interests and provides opportunity to receive information pertinent to an application that would
not otherwise be available to the decision maker.
SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR
SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site, attached to this checklist.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site and not physically contiguous (touching a boundary) to the subdivision, attached to this
checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous (touching
a boundary) including recorded purchasers under contract for deed to be sent certified mail
attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and
addresses of the physically contiguous property owners including recorded purchasers under
contract for deed.
Two sets additional mailing labels with the names and addresses of the physically contiguous
property owners including recorded purchasers under contract for deed attached.
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in
the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I, _____________________________________________, hereby certify that, to the best of my knowledge, the
attached name and address list of all adjoining property owners (including all condominium owners,
within 200 feet of the property located at ________________________________________________________, is a true
and accurate list from the last declared Gallatin County tax records. I further understand that an
inaccurate list may delay review of the project.
_______________________________________
Signature
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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COLVIN PETER H & ROBERTA N
1501 WILDFLOWER WAY
BOZEMAN, MT 59715-8385
PKS INVESTMENTS 2/3INT
PO BOX 1
BOZEMAN, MT 59771-0001
KENYON NOBLE
PO BOX 1109
BOZEMAN, MT 59771-1109
COLVIN PETER H & ROBERTA N
1501 WILDFLOWER WAY
BOZEMAN, MT 59715-8385
G25 HOLDINGS LLC
PO BOX 1109
BOZEMAN, MT 59771-1109
CUMMINGS JAMES A & SANDRA K
111 N TRACY AVE
BOZEMAN, MT 59715-3523
COLVIN PETER H & ROBERTA N
1501 WILDFLOWER WAY
BOZEMAN, MT 59715-8385
HIGH COUNTRY MALL LLC
PO BOX 127
HARRISON, MT 59735-0127
CITY OF BOZEMAN
PO BOX 1230
BOZEMAN, MT 59771-1230
ETXEA HOSPITALITY LLC
PO BOX 370
BUFFALO, WY 82834-0370
KILBRIDE DANIEL D & RICHARD L LVG
TRUST
2849 WESTWOOD DR
BILLINGS, MT 59102-2655
STEELE DILLINGER
PO BOX 1613
BOZEMAN, MT 59771-1613
COLVIN PETER H & ROBERTA N
1501 WILDFLOWER WAY
BOZEMAN, MT 59715-8385
KENYON NOBLE
PO BOX 1109
BOZEMAN, MT 59771-1109
KILBRIDE DANIEL D & RICHARD L LVG
TRUST
2849 WESTWOOD DR
BILLINGS, MT 59102-2655
STARKY’S
24 N TRACY AVE
BOZEMAN, MT 59715
AMERICUS IAN R
116 N WILLSON AVE
BOZEMAN, MT 59715-3534
CITY OF BOZEMAN
PO BOX 1230
BOZEMAN, MT 59771-1230
5 WEST LLC
20 N TRACY AVE
BOZEMAN, MT 59715-3555
MATHESON RICHARD A REV TR DTD
4/19/94
20601 271ST ST
ELDRIDGE, IA 52748-9452
PROSPECT PARTNERS LLC
PO BOX 1584
BOZEMAN, MT 59771-1584
VARELA ANDREW G
PO BOX 1525
BOZEMAN, MT 59771-1525
STATE OF MONTANA DEPT
C/O BOZEMAN JOB SERVICE
121 NORTH WILLSON
BOZEMAN, MT 59715
HINES BUILDING LLC
C/O RYAN LLC #1552
PO BOX 06116
CHICAGO, IL 60606
MDB/JCB III LLC
130 N VERMONT AVE APT A
GLENDORA, CA 91741-5314
SOVEREIGN WOODS
14 E MENDENHALL ST
BOZEMAN, MT 59715
,
PURE BARRE BOZEMAN
34 E MENDENHALL ST
BOZEMAN, MT 59715
,
MINT DENTAL STUDIO
40 E MENDENHALL ST
BOZEMAN, MT 59715
,
MASSIVE STUDIOS
30 E MENDENHALL ST
BOZEMAN, MT 59715
,
,
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Project Narrative
5 West Mendenhall Conditional Use Permit
This proposal for a conditional use permit is for first floor commercial space, both inside and outside, to
be utilized for on premise alcohol retail and consumption and basement liquor storage at the mixed-
use building located at 5 West Mendenhall. The building is currently under construction under PERMIT
NUMBER Z14275.
The first two floors of the facility are commercial in nature. This particular CUP application is for
commercial suites on the first floor (13,970 SF gross; 3,854 SF net seating) and liquor storage in the
basement (239 SF).
Two restaurant occupants are known at this time, Urban Kitchen and Salted Carmel, and they will
occupy Suites 102 & 103 (4,306 SF gross; 1,337 SF net seating). Commercial office tenant FICO will
occupy Suite 105 (6,049 SF gross) and is included in the total area for on premise alcohol retail and
consumption should the suite ever change to a restaurant use. The main lobby (1,612 SF) is included as
supplemental service areas. The supplemental area is where the restaurant tenants may offer
occasional service for specific events typical and accessory to the commercial or residential tenants.
Suite 104 (2,003 SF gross; 889 SF net seating anticipated) has yet to be occupied and is included so as to
accommodate a tenant that may utilize the function of this CUP. All suites have interior connecting
accesses except Suite 101 on the west end of the first floor. Suite 101, occupied by Opportunity Bank
(3,166 SF) has not been included in this CUP.
The North Patio (3,127 SF gross; 447 SF net seating) and South Sidewalk Seating areas (1,480 SF gross;
1,181 SF net seating) are also included as patio service areas.
CONDITIONAL USE PUERMIT CHECKLIST ITEM 1:
a. Response to the requirement that requires 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 the land and uses in the
vicinity.
The site is adequate in size and topography to accommodate this request, sale of alcohol. The
structure has been previously reviewed for setbacks, landscaping, public areas, etc. and has
received the City’s approval. Additionally, parking agreements are in place for off-site parking
which provides the facility with 74 spaces.
More specifically, the project is located within the B3 District (Central Business) and Downtown
Urban Renewal District. The project is consistent with the Bozeman Community Plan and the
Unified Development Code. The building is currently under construction (site plan permit
application NUMBER Z14275) which was approved for a mixed use building with two
commercial floors and three residential floors.
103
The Alcohol Sales/Service Area drawings are attached and show the tenant spaces (13,970 SF)
and the North Patio Area (3,127 SF) and additional seating on the southern sidewalk within the
7’ setback (1,480 SF). Basement liquor storage (239 SF) has also been identified.
b. Response to the requirement that the proposed use will not have materials adverse effect
upon the abutting property. Persons objecting to the recommendations of review bodies
carry the burden of proof;
The new construction includes restaurant tenant spaces and associated outdoor seating areas,
and is consistent and complies with the UDC. Restaurants are principal uses allowed within the
B3 District and will not have any material adverse effects upon the abutting properties.
c. Response to the requirement of any special conditions of approval necessary to protect the
public health, safety and general welfare.
There are no special conditions of approval necessary to protect the public health, safety and
general welfare. No further exterior modifications are planned. Interior modifications will be
submitted and permitted according to applicable codes. This particular CUP application is for
commercial suites on the first floor (13,970 SF) and liquor storage in the basement (239 SF). This
is consistent with state permitting for supplemental service areas, but does not suggest a larger
tenant space or additional parking requirements.
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