HomeMy WebLinkAboutOn the Rise Conditional use Permit
Memo compiled on May 7, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: On the Rise Conditional Use Permit/Certificate of Appropriateness
#Z-08061
MEETING DATE: Monday, May 12, 2008
RECOMMENDATION: That the City Commission approve the On the Rise Conditional Use
Permit with Certificate of Appropriateness Application No. Z-08061 with the conditions of
approval as outlined in the attached Staff Report.
BACKGROUND: The applicant has submitted a Conditional Use Permit with Certificate of
Appropriateness application to allow the existing establishment to obtain a cabaret (beer and
wine) license at 1007 West Main Street (the current site of the On the Rise Bakery).
UNRESOLVED ISSUES: The Department of Planning and Community Development is not
aware of any unresolved issues at this time.
FISCAL EFFECTS: The Department of Planning and Community Development is not aware of
any fiscal effects at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Allyson Bristor at abristor@bozeman.net if you have any
questions.
APPROVED BY: Andrew C. Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS: Staff Report
Applicant’s Submittal Materials
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CITY COMMISSION STAFF REPORT
ON THE RISE CUP/COA FILE NO. #Z-08061
#Z-08061 On the Rise Cabaret License CUP/COA
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Item: Zoning Application #Z-08061, a Conditional Use Permit and
Certificate of Appropriateness application to allow a cabaret (beer
and wine) license at the property located at 1007 West Main Street,
which is zoned B-2 (Community Business District).
Property Owner: Ken & Karen Matthiesen
PO Box 325
Plains, MT 59859
Applicant: On the Rise Inc.
c/o Pete Strom
251 Southview Ridge Lane
Bozeman, MT 59715
Date: Before the Bozeman City Commission on Monday, May 12, 2008 at
6:00 p.m in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana.
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is located at 1007 West Main Street and is legally described as Lots 7, 8, & 9,
Block 4, Springbrook Addition, City of Bozeman, Gallatin County, Montana. Please refer to the
following vicinity map.
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PROPOSAL
This is a Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) application to allow a
cabaret (beer and wine) license for the property located at 1007 West Main Street (the current site of the
On the Rise Bakery). No modifications to the building or lot are proposed and no deviations are
requested.
This application is a CUP as a cabaret license falls under the category of sales of alcohol for on-premise
consumption in the Unified Development Ordinance, which is a conditional use in the B-2 (Community
Business District).
RECOMMENDATION
The Development Review Committee (DRC) has reviewed the CUP and COA application to allow a
cabaret license at the property located at 1007 West Main Street and as a result recommends to the City
Commission approval of said application with the conditions and code provisions outlined in this Staff
Report. Planning Staff has identified various code provisions that are currently not met by this
application. Some or all of these items are listed in the findings of this Staff Report. The applicant must
comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to
this project, prior to the commencement of use.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the analysis contained within this Staff Report, the Development Review Committee (DRC)
finds that the application, with conditions, is in general compliance with the adopted Growth Policy and
the City of Bozeman Unified Development Ordinance. The following conditions of approval are
recommended:
Planning
1. Wheel stops in parking lot spaces must be correctly repositioned and anchored to the ground.
2. The existing van-accessible ADA parking space must be appropriately signed and include
language: “Van accessible $100 without permit.”
3. Wheel stops along the east side of the building must be repainted red with “No Parking/Fire
Lane” stenciled in white.
4. The exterior lighting on the building’s southwest corner must be brought up to City standards, as
described in Section 18.42.150 of the Bozeman Unified Development Ordinance.
5. The periodic outdoor seating installed on the sidewalk in front of the business, and/or beer or
wine consumption on the sidewalk in front of the On the Rise Bakery on West Main Street, is not
permitted unless reviewed and approved as required under the Bozeman Unified Development
Ordinance and City Sidewalk Café Ordinance No. 1692.
6. A copy of the State Revenue Department liquor license for this establishment shall be submitted
to the Department of Planning & Community Development prior to the sale of alcoholic
beverages.
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7. The applicant shall obtain a City of Bozeman Liquor License and provide the Department of
Planning & Community Development with a copy of the license prior to the sale of alcoholic
beverages.
8. The right to serve alcohol to outdoor patrons is revocable at any time 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.
9. If any catering with alcoholic beverages occurs, the applicant shall obtain a catering endorsement
from the Department of Revenue, Liquor Division, as well as a City catering license, for each
catered event.
Engineering
10. The applicant is advised that any establishments responsible for food preparation shall install an
outside two-compartment grease interceptor. If space is not available for an interceptor a grease
trap shall be installed under the three-chambered sink. Interceptor/trap design and installation is
subject to City of Bozeman Building Department approval. In accordance with Municipal Code,
the applicant is further advised that on-site maintenance records and interceptor service shall be
maintained on a regular basis and made available to the City upon request.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property is zoned B-2 (Community Business District). The intent of the
B-2 District is to provide a central area for the community’s business, government service and cultural
activities.
The subject property is surrounded on all sides by a mix of businesses including retail, services,
restaurants and offices. The Bozeman High School is located one block to the west, on the zoned Public
Lands and Institutions (PLI) land. All adjacent properties are zoned B-2.
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as “Community Commercial” in the Bozeman 2020 Community Plan.
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 service activities
including retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. The density of development is expected to be higher in this area than in
other commercial areas in Bozeman.
REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit and
Certificate of Appropriateness against the relevant chapters of the Unified Development Ordinance
(UDO) and as a result offers the following summary review comments. The findings outlined in this
report include comments and recommended conditions provided by the Development Review
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Committee (DRC). This project does not meet the thresholds established by Chapter 18.62 to warrant
evaluation by the Design Review Board (DRB).
Section 18.34.090 “Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission, the DRC,
and when appropriate, the ADR Staff shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman 2020 Community Plan
including the “Community Commercial” land use designation.
2. Conformance to this title, including the cessation of any current violations
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.
The following code provisions must be addressed prior to Final Site Plan approval:
a. Section 18.52.060 states that a Sign Permit Application shall be reviewed and
approved by the Planning Office prior to the construction and installation of any
new on-site signage.
b.Section 18.34.100.C 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.
c. Section 18.34.140 states that a building permit must be obtained prior to any
construction, and must be obtained within one year of final site plan approval.
Building permits will not be issued until the final site plan is approved.
d. The Final Site Plan shall be adequately dimensioned. A complete legend of all
line types used shall also be provided.
e. Sewer and water services shall be shown on the FSP and approved by the
Water/Sewer Superintendent.
3. Conformance with all other applicable laws, ordinances, and regulations
The proposal conforms to all other applicable laws, ordinances, and regulations. All
conditions for a Conditional Use Permit and Site Plan with Certificate of Appropriateness
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must be met prior to Final Site Plan approval. The plans will be further evaluated against
the requirements of the International Building Code if an application is made for a
Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
The building on site includes two businesses, including On the Rise Bakery. The second
business is a clothing retail store called Catwalk. No exterior modifications to the
building are proposed at this time. The principal façade of the business faces West Main
Street. No additional signage has been proposed. With the conditions of approval,
improvements to the on-site parking lot are required.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
No additional parking will be required because no change or expansion to the existing
restaurant use is occurring. With the conditions of approval, several improvements to the
existing parking lot are included. Parking is sufficient for this use and no specific
parking problems for this use have been demonstrated that would be compounded with
the issuance of a cabaret license.
6. Pedestrian and vehicular ingress and egress
Vehicles can enter the parking lot and allocated spaces for the building from a drive
access off North 10th Avenue and a drive access off West Main Street. The existing
sidewalk along both streets provide pedestrian connection to all adjacent areas and nearby
on-street parking areas.
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
No modifications to the existing landscaping are proposed.
8. Open space
None required.
9. Building location and height
No changes or modifications to the existing building are proposed. The applicants are
proposing to utilize the same restaurant configuration that currently occupies this space; a
cabaret license is merely being added at the location of the existing restaurant.
10. Setbacks
The applicants are not proposing any building modifications, therefore, no alterations are
proposed that would impact setbacks.
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11. Lighting
No changes to lighting are proposed as part of this application.
12. Provisions for utilities, including efficient public services and facilities
The building is currently serviced by existing water, sewer, stormwater and streets, and
no changes are proposed. The building is also provided with private utilities such as
electric, natural gas and phone service.
13. Site surface drainage
No alterations are proposed that would impact site surface drainage.
14. Loading and unloading areas
No alterations are proposed that would impact loading and unloading areas.
15. Grading
Site grading will remain the same.
16. Signage
No new signage is proposed at this time. Any new signage requires a sign permit that
must be reviewed and approved by the Planning Department prior to installation.
17. Screening
No additional screening is required or proposed.
18. Overlay district provisions
The subject property is located within the West Main Entryway Overlay District.
However, no exterior alterations to the building are proposed at this time. The applicant is
on notice that any future exterior modifications to the building, including the addition of
signage, will require a Certificate of Appropriateness (COA).
19. Other related matters, including relevant comment from affected parties
As of the date of this report, one letter of public comment was submitted to the
Department of Planning. Letters received after the date of this Staff Report will be
distributed to the Commission at the public hearing.
The letter was submitted by Ron Krager, 1214 E. Curtiss Street, Bozeman, Montana. Mr.
Krager believes the On the Rise building is too close to the Bozeman High School to be
selling beer and wine. Planning Staff relies on the independent business to abide by state
alcohol purchasing laws. The Safeway grocery store and Food Co-op, which sell beer
and wine, are located one block away from the Bozeman High School. Staff is not aware
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of nuisance or public health and safety problems arising from these businesses selling
alcohol.
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:
a. 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;
b. 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.
Section 18.34.100 “City Commission Consideration and Findings for Conditional Use
Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a
conditional use permit, find 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 site is currently being used for a restaurant without any reported conflicts or
complaints. This application would merely add the sale of alcohol to the site.
Staff has recommended a condition regarding the periodic outdoor seating installed on
the sidewalk in front of the business, and/or beer or wine consumption on the sidewalk in
front of the On the Rise Bakery along West Main Street. This feature is not permitted
unless reviewed and approved as required under the City of Bozeman Unified
Development Ordinance and City Sidewalk Café Ordinance No. 1692.
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 conditions outlined by Staff, the proposal will not have adverse effects upon the
abutting properties. As previously indicated, the Planning Department has not received
any public comment regarding this proposal.
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: regulation of use; special yards, spaces and buffers; special
fences, solid fences and walls; surfacing of parking areas; requiring street, service
road or alley dedications and improvements or appropriate bonds; regulation of
points of vehicular ingress and egress; regulation of signs; requiring maintenance of
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the grounds; regulation of noise, vibrations and odors; regulation of hours for
certain activities; time period within which the proposed use shall be developed;
duration of use; requiring the dedication of access rights; other such conditions as
will make possible the development of the City in an orderly and efficient manner.
Staff has identified several conditions that are recommended to protect the health, safety
and welfare. Please see the “Recommended Conditions of Approval” section.
Attachments: Applicant’s Submittal Materials
Report Sent To: Ken & Karen Matthiesen, PO Box 325, Plains, MT 59859
On the Rise Inc., 251 Southview Ridge Lane, Bozeman, MT 59715
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1007 West Main Street
Conditional Use Permit for Beer & Wine License
Application Narrative
Many of the items on the Site Plan checklist are not applicable because this Conditional
Use Permit Application is only for a beer and wine license in an existing
bakery/restaurant. No changes to the building or site are proposed at this time. An
existing site plan, floor plan, and photographs are all included for reference.
Items checked “No” or “NA” are also explained below:
A.1 - A.5 This project does not meet the DRB thresholds.
B.3 No construction is proposed.
B.10.c No parks, schools, open space, etc. exist on the site.
B.11 No residential uses exist on the property.
B.12 A site plan is included for reference; however, no changes are proposed.
B.13 Streets, roads and alleys are already platted; no changes are proposed.
B.14 No changes are proposed to soil.
B.15.b The property is not in a floodplain.
B.16 No temporary facilities are proposed.
B.17 This is not a subdivision application.
B.18 Supplementary documents are not applicable.
C.1 - C.27 Again, this application does not include any changes to the site or building.
It is simply for a beer and wine license. A site plan, floor plan, and building
elevations are all included for reference.
D.1 - D.21 This application does not include any changes to the landscape plan.
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
On The Rise CUP
Ken & Karen Matthiesen xfirstsergeant@yahoo.com
P.O. Box 325, Plains, MT 59859
406.826.6777
On The Rise, Inc. (Pete Strom)pstrom@rube.com
251 Southview Ridge Lane, Bozeman MT 59715
406.580.3228 406.582.7973
Lots 7, 8 & 9, Block 4, Springbrook Addition
1007 West Main Street
Conditional Use Permit (CUP) for beer & wine license - no changes proposed to building or site
B-2 Bakery & Restaurant / Retail
"Community Commercial"
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(Development Review Application – Prepared 11/25/03)
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
13. Is the Subject Site Within an Overlay District? Yes, answer question 13a No, go to question 14
13a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
14. Will this application require a deviation(s)? Yes No
15. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. If 3-ring binders will be used,
they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This
application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted.
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. Finally, I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.
I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
0.27 11,700 0.27 11,700
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(Site Plan Checklist – Prepared 12/05/03; revised 9/22/04)
SITE PLAN CHECKLIST
These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following:
Design Review Board (DRB) Site Plan Review Thresholds Yes No
1.20 or more dwelling units in a multiple household structure or structures
2.30,000 or more square feet of office space, retail commercial space, service commercial space or
industrial space
3.More than two buildings on one site for permitted office uses, permitted retail commercial uses,
permitted service commercial uses, permitted industrial uses or permitted combinations of uses
4.20,000 or more square feet of exterior storage of materials or goods
5.Parking for more than 60 vehicles
B. General Information. The following information shall be provided for site plan review:
General Information Yes No N/A
1.Location map, including area within one-half mile of the site
2.List of names and addresses of property owners according to Chapter 18.76, BMC (Noticing)
3.A construction route map shall be provided showing how materials and heavy equipment will
travel to and from the site. The route shall avoid, where possible, local or minor collector
streets or streets where construction traffic would disrupt neighborhood residential character
or pose a threat to public health and safety
4.Boundary line of property with dimensions
5.Date of plan preparation and changes
6.North point indicator
7.Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet
8.Parcel size(s) in gross acres and square feet
9.Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR),
with a breakdown by land use
10. Location, percentage of parcel(s) and total site, and square footage for the following:
a. Existing and proposed buildings and structures
b. Driveway and parking
c. Open space and/or landscaped area, recreational use areas, public and semipublic land,
parks, school sites, etc.
d. Public street right-of-way
11. Total number, type and density per type of dwelling units, and total net and gross residential
density and density per residential parcel
12. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks,
compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of
employee and non-employee parking spaces, existing and proposed, and total square footage
of each
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General Information, continued Yes No N/A
13. The information required by Section 18.78.060.L, BMC (Streets, Roads and Alleys), unless
such information was previously provided through a subdivision review process, or the
provision of such information was waived in writing by the City during subdivision review of
the land to be developed, or the provision of such information is waived in writing by the City
prior to submittal of a preliminary site plan application
14. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitability of such soils for the intended construction and proposed landscaping
15. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or structure(s)
b. Height above mean sea level of the elevation of the lowest floor and location of lot
outfall when the structure is proposed to be located in a floodway or floodplain area
c. Floor plans depicting location and dimensions of all proposed uses and activities
16. Temporary facilities plan showing the location of all temporary model homes, sales offices
and/or construction facilities, including temporary signs and parking facilities
17. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation
Plan)
18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC
(Supplementary Documents)
C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite
and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way,
unless otherwise stated:
Site Plan Information Yes No N/A
1.Topographic contours at a minimum interval of 2 feet, or as determined by the Planning
Director
2.Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to
major arterial streets where the distances shall be 200 feet
3.On-site streets and rights-of-way
4.Ingress and egress points
5.Traffic flow on-site
6.Traffic flow off-site
7.Utilities and utility rights-of-way or easements:
a. Electric
b. Natural gas
c. Telephone, cable television and similar utilities
d. Water
e. Sewer (sanitary, treated effluent and storm)
8.Surface water, including:
a. Holding ponds, streams and irrigation ditches
b. Watercourses, water bodies and wetlands
c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be
identified as lying within a 100-year floodplain through additional floodplain
delineation, engineering analysis, topographic survey or other objective and factual
basis
d. A floodplain analysis report in compliance with Chapter 18.58, BMC (Bozeman
Floodplain Regulations) if not previously provided with subdivision review
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Site Plan Information, continued Yes No N/A
9.Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as required by the Engineering Department, or in compliance
with any adopted storm drainage ordinance or best management practices manual adopted by
the City
10.All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated
into the storm drainage system for the property shall be designated:
a. The name of the drainageway (where appropriate)
b. The downstream conditions (developed, available drainageways, etc.)
c. Any downstream restrictions
11.Significant rock outcroppings, slopes of greater than 15 percent or other significant
topographic features
12.Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details
and interrelationships with vehicular circulation system, indicating proposed treatment of
points of conflict
13.Provision for handicapped accessibility, including but not limited to, wheelchair ramps,
parking spaces, handrails and curb cuts, including construction details and the applicant’s
certification of ADA compliance
14. Fences and walls, including typical details
15.Exterior signs. Note – The review of signs in conjunction with this application is only review
for compliance with Chapter 18.52, BMC (Signs). A sign permit must be obtained from the
Department of Planning and Community Development prior to erection of any and all signs.
16. Exterior refuse collection areas, including typical details
17.A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both
vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses,
containing a layout of all proposed fixtures by location and type. The materials required in
Section 18.78.060.R, BMC (Lighting Plan), if not previously provided
18. Curb, asphalt section and drive approach construction details
19.Landscaping - detailed plan showing plantings, equipment, and other appropriate information
as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If
required, complete section C below
20.Unique natural features, significant wildlife areas and vegetative cover, including existing trees
and shrubs having a diameter greater than 2.5 inches, by species
21. Snow storage areas
22.Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning
Jurisdiction, within or near the development
23. Existing zoning within 200 feet of the site
24.Historic, cultural and archeological resources, describe and map any designated historic
structures or districts, and archeological or cultural sites
25. Major public facilities, including schools, parks, trails, etc.
26.The information necessary to complete the determination of density change and parkland
provision required by Chapter 18.50, BMC, unless such information was previously
determined by the City to be inapplicable and written confirmation is provided to the
applicant prior to submittal of a preliminary site plan application. If a new park will be created
by the development, the park plan materials of Section 18.78.060.P, BMC shall be provided.
27.Describe how the site plan will satisfy any requirements of Section 17.02, BMC (Affordable
Housing) which have either been established for that lot(s) through the subdivision process or
if no subdivision has previously occurred are applicable to a site plan. The description shall be
of adequate detail to clearly identify those lots and dwellings designated as subject to Title 17,
Chapter 2, BMC compliance requirements and to make the obligations placed on the affected
lots and dwellings readily understandable.
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D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan:
Landscape Plan Information Yes No N/A
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan
2. Location of existing boundary lines and dimensions of the lot
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage features;
and the location and size of existing and proposed streets and alleys, utility easements, utility
lines, driveways and sidewalks on the lot and/or adjacent to the lot
4. Project name, street address, and lot and block description
5. Location, height and material of proposed screening and fencing (with berms to be delineated
by one foot contours)
6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer
strips
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and type of
all existing trees on the lot over 6 inches in caliper must be specifically indicated
8. Complete illustration of landscaping and screening to be provided in or near off-street parking
and loading areas, including information as to the amount (in square feet) of landscape area to
be provided internal to parking areas and the number and location of required off-street
parking and loading spaces
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water
features
11. A description of proposed watering methods
12. Location of street vision triangles on the lot (if applicable)
13. Tabulation of points earned by the plan – see Section 18.48.060, BMC (Landscape
Performance Standards)
14. Designated snow removal storage areas
15. Location of pavement, curbs, sidewalks and gutters
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control
17. Existing and proposed grade
18. Size of plantings at the time of installation and at maturity
19. Areas to be irrigated
20. Planting plan for watercourse buffers, per Section 18.42.100, BMC (Watercourse Setbacks), if
not previously provided through subdivision review
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls
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98
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
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
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
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
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
99
Landowners within 200 feet of Lots 7,8,9 in Block 4 of Springbrook Addition.
THE MCDONALD LAND COMPANY LTD.
2906 2ND AVE. N
BILLINGS, MT 59101‐2026
CHARLES & CINDY SHEWEY
1018 BOYLAN ROAD
BOZEMAN, MT 59715‐1503
SAFEWAY STORES INC CPTS
1371 OAKLAND BLVD
STE 200
WALNUT CREEK, CA 94596‐8408
PHILLIP & DONNA O’NEIL TRUST &
RAINGAB PARTNERSHIP LLP
920 WEST MAIN STREET
BOZEMAN, MT 59715‐3248
MOUNTAIN SPRINGS RANCH NORTH ASSOCIATES
1006 W MAIN STREET
BOZEMAN, MT 59715‐3219
COMMUNITY FOOD CO‐OP INC
908 W MAIN STREET
BOZEMAN, MT 59715‐3248
100
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
101
Aerial Photograph Source: Bozeman GIS Department Subject Property Wendy’s DMV Safeway N 102
Zoning Map Source: Bozeman GIS Department Subject Property School N 103
North Elevation South Elevation East Elevation West Elevation 104
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