HomeMy WebLinkAboutTaco Del Mar Conditional Use Permit with Certificate
Report compiled on April 1, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Taco Del Mar Conditional Use Permit/Certificate of Appropriateness
#Z-08036
MEETING DATE: Monday, April 7th, 2008
RECOMMENDATION: That the City Commission approve the Taco Del Mar Conditional
Use Permit with Certificate of Appropriateness Application No. Z-08036 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 1600 North 19th Avenue Suite F (the current site of the Taco Del Mar
Restaurant).
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 Martin Knight at mknight@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
231
CITY COMMISSION STAFF REPORT
TACO DEL MAR CABARET LICENSE CUP/COA FILE NO. #Z-08036
#Z-08036 Taco Del Mar Cabaret License CUP/COA
1
Item: Zoning Application #Z-08036, a Conditional Use Permit and
Certificate of Appropriateness application to allow a cabaret (beer
and wine) license at the property located at 1600 North 19th Avenue
Suite F, which is zoned B-2 (Community Business District).
Property Owner: Bridger Peaks Holdings, LLC
1660 Union Street 4th Floor
San Diego, CA 92101
Applicant/Representative: Jeff Stevens
1600 North 19th Avenue Suite F
Bozeman, MT 59718
Date: Before the Bozeman City Commission on Monday, April 7th, 2008 at 6
pm in the Community Room, Gallatin County Courthouse, 311 West
Main Street, Bozeman, Montana.
Report By: Martin Knight, Assistant Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is located at 1600 North 19th Avenue Suite F and is legally described as Lot 11,
Bridger Peaks Town Center Subdivision Phase I & II; and located in the NW ¼ of Section 1, T2S R5E, City
of Bozeman, Gallatin County, Montana. The zoning designation for said property is B-2 (Community
Business District) and the property is located within the North 19th Ave/West Oak Entryway Corridor.
Please refer to the following vicinity map.
232
#Z-08036 Taco Del Mar Cabaret License CUP/COA
2
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 1600 North 19th Avenue Suite F (the current
site of the Taco Del Mar Restaurant). 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 1600 North 19th Avenue Suite F 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall
also be provided.
233
#Z-08036 Taco Del Mar Cabaret License CUP/COA
3
6. 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 for a broad range of mutually supportive retail and service functions located in
clustered areas bordered on one or more sides by limited access arterial streets.
The subject property is surrounded on all sides by a mix of businesses including retail, services, and
restaurants. All adjacent properties are zoned B-2.
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as “Regional Commercial and Services” in the Bozeman 2020 Community
Plan. Activities within this land use category provide retail, education, health services, public
administration, and tourism activities for a multi-county region. Often the scale of these services is
larger than would be required for just Bozeman. The Bozeman Deaconess Hospital is an example of a
facility with a regional impact. Because of the draw from outside consumers of these services, it is
necessary that these types of facilities be located in proximity to significant transportation routes. Since
these are large and prominent facilities within the community and region, it is appropriate that design
guidelines be established to ensure compatibility with the remainder of the community.
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
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 “Regional Commercial and Services” land use designation.
234
#Z-08036 Taco Del Mar Cabaret License CUP/COA
4
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.
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
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
No exterior modifications are proposed at this time. The principal façade of the business
faces North 19th Avenue. No additional signage has been proposed. The use of this
property for retail and restaurant establishments has been previously considered and
approved under the Bridger Peaks Town Center PUD (#Z-98113) and Major Subdivision
(#P-9833).
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
No additional parking will be required. Restaurants require 1 space per 50 square feet of
235
#Z-08036 Taco Del Mar Cabaret License CUP/COA
5
indoor public serving area. The indoor public serving area is approximately 600 square
feet and is configured it seat approximately 38 people. Thus, 12 parking spaces are
required; 12 parking spaces are currently being provided/allocated. Thus, 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 Tschache Lane, North 19th
Avenue, and West Oak Street. Existing pedestrian pathways along North 19th Avenue and
West Oak Street provides pedestrian connection to the Bridger Peaks Town Center
development.
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 being 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.
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.
236
#Z-08036 Taco Del Mar Cabaret License CUP/COA
6
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 North 19th Avenue/West Oak Street Entryway
Corridor. However, no exterior changes are being 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, no letters or public comment has been submitted to the
Planning Department. Letters received after the date of this Staff Report will be
distributed to the Commission at 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:
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:
237
#Z-08036 Taco Del Mar Cabaret License CUP/COA
7
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. The use of this property for retail and restaurant establishments has been
previously considered and approved under the Bridger Peaks Town Center PUD (#Z-
98113) and Major Subdivision (#P-9833). This application would merely add the sale of
alcohol to the site.
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
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: Bridger Peaks Holdings, LLC, 1660 Union Street 4th Floor, San Diego, CA 92101
Jeff Stevens, 1600 N. 19th Avenue Suite F, Bozeman, MT 59718
238
Taco Salad
Cabo Salad
Meat Ouesadilla
Cheese Ouesadilla
Super Meat Nachos
6Layer Cheese Na,chos
Baja Bowl
Chips &Oueso
Rice &Beans
Chips &Guacamole
Chips &Salsa
Single Taco
$5.79
$5.99
$4.59
$3.39
$6.29
$6.99
$6.79
$2.69
$1.99
$1.99
$1.59
$2.19
Includes (hips
andadrink
$2.79
$2.59
A better meal
served FAST.
Bozeman
7600 N. 79th Ave. #F
Bozeman, MT. 59778
406-522-9599
239
240
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 Departnlent of Planning and
Community Development.
,-1.. In order for the City LiaIson to effectively perform their duties executing the Intent and purpose of this chapter, as defined In
282020, the follO\ving shall be performed
1. ;\s 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, andlor personal delivery to the City Liaison if notification guidelines
(Bl\fC 18.7G) reqwre that notice be posted "on-site", puhlished in the local newspaper or mailed first class.
2. Such notice shall contal11 a complete set of application materials as suhmitted 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 andI or fax number of record, or an affidavit attesting hand delivery, shall result In an Incomplete
application.
I, Jeff.J . STeY£\.\.....S , hereby certify that I have delivered via certified mail, e
mail, facsllTlile 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 o~ project.
/. ;J . p Z
Signatu Date
(Neighborhood Recognition Ordinance Compliance Certificate -Prepared 1/7/08)
241
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, 0 € r=:-p J. S.,-Ef\/c t-J :s , 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 I&J 00 ;..; l~-f'k t+ V
5 v \-;t;: -f' , tJ D 'b[;1)4.~ ,(WI-'\, 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.
/ ~/'§ignature
(Cerlificale ofAdjoining Properly Owners Lisl-Prepared 11/20/03; Revised 9/22/06)
242
SITE PLAN CHECKLIST
These checklists shall be completed and returned as part of the submittal. "'\ny item checked "No" or "N jA" (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
"-\. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the follow11lg:
Design Review Board (DRB) Site Plan Revie\v Thresholds Yes
1 20 or more dwelling uoits 111 a muluple household srrucrure or suuctures 0
2, 30,000 or more square feet of office space, retail commercial space, se[V\ce commercial space or 0
lf1dusmal space
3 l\iore than tWO buildings on one sIte for perffiltred office uses, perffiltred retail conunercial uses, 0
permitred servICe commercial uses, pennitred rndustrial uses or permitred combinations of uses
4, 20,000 or more square feer of exterior storage of materials or goods 0
:" Parkmg for more than 60 vehicles I 0
No
0
0
0
0
0
E, General Information The following information shaH be provided fOJ: site plan review:
Generallnfonnation
I, Locauon map, rncluding area within one-half mile of the site
I Yes
0
No
0
N/A
M
~ LIst of names and addresses of propcny owners accordrng to Chapter 18,76, Bi\IC (Noacing) 0 0 [X
.), .\ construction route map shall be provide showlOc, how materials and heavy equipment will
[rave.! to and from the site, Th route shall avoid, where possible, local or minor coUecror
sucets or streets where consuuction rra fie would chsrupt neighborhood residenual character
or pose a threar to public health and sarety
0 0 ~
4
5,
Bounda ltoe of propeny with dimension,
Date of plan preparation and change
0
0
0
0
I ~
~
6,
-I.
North pornt Indicator
Suggested scale of 1 trlch to 20 feet, but not less than 1 Il1ch to 100 feet
0
0
0
0
[X1
~
S Parcel SIZC(S) H1 gross acres and sCJuare feel 0 0 ~
9 'sumated toral noor area and estimated ratio of floor arca to lot size (floor area ratio, FAR),
wlrh a breakdown by land use
0 0 ~
10 Location, percentage of parcel(s) and total site, and square footage for the rolJowlOg:
a. EX1sting and proposed buildings and srructures 0 0 ~
b. Dnvewav and parking 0 0 00
c.
d.
() en s ace and/or landscaped area, recreational use areas, public and semipublic land,
parks, school sites, etc,
Public street right-of-wav
0
0
I 0
0
00
~
11 Total number. type and densitv per type of dwelling u!Uts, and total net and gross residential
densltv and density per residential parcel
0 0 ~
12. Derailed plan of all parklOg facilities, includIng CIrculation aIsles, access dnves, bicycle racks,
compact spaces, handicapped spaces and motorcvcle padung, on-street parking, number of
employee and non-employee parking spaces, exisung and proposed, and total square footage
of each
0 0 IH.
Page 3
(Site Plan Cbecklist -Prepared 12/05/03; revised 9/22/04)
243
C
General Infonnation, continued Yes No N/A
13. The mformation reqUIred by Section 18.78.060.L, BlvIC (Streets, Roads and :\Jleys), unless 0 0 ~ such 10 formauon was previously provided through a subdivision review process, or the
provision of such information was ·waived 10 writing bv the City during subdivision review of
the land to be developed, or the provision of such information is waived in writing by the City
pnor to subminal of a preliITl.U1ary site plan applicauon
14 Descnption and mapping of soils existing on the site, accomparued by analysIs as to the 0 0 g
suitability of such soils for the 10tended construction and proposed landscaping
IS Building design 1Oformation (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or strucrure(s) D 0 ~.
b Height above mean sea level of the elevation of the lowest floor and location of lot 0 0 ~
outfall when the strucntre is proposed ro be located in a floodway or floodplain area
c. Floor plans depicting location and dimensions of all proposed uses and activities D 0 ~
16. Temporary facilities plan sho,vlOg the location of all temporary model homes, sales offIces D 0 00
and/or construction facilities, including temporary signs and parking facilities
17. Unless already provided through a prevIOus subdivisIOn review, a noxIous weed control plan 0 0 ~ complY1Og with Seeuon 18.78050.H, B1\[C (Noxious \Xieed fl,Ianagement and Revegetauon
Pian)
18 Drafts of applicable supplementary documents as set forth 10 Chapter 1872. BMC 0 0 .~
(Supplementary Documents)
Site Plan Information. The location identification and dimension of the following eXlsting and proposed data, onsite
and k> a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusJVe of public tights-of-way,
unless otherwise stated:
Site Plan Infonnation Yes No N/A
I. Topo7raphtc contours at a minimum imerval of 2 feet, or as determined by rhe Planning 0 0 ~ Director
') :\Olacenr streets and street rIghts-of-way to a distance of 150 feet, except for sites adlacent to 0 0 @
maJor arterial streets where the distances shall be 200 feer
3. On-site streets and rights-of-wal· 0 0 [ij
4. Ingress and egress POIntS 0 0 ~
Traffic flow on-site 0 0 [iJ
Traffic flow off-site 0 0 fA
7. UtilitJcs and utility nghr:;-o -way or easements
a Electric 0 01 ~
b. Natural gas 0 0 ~
c. T d.c honc, cable televisIon and similar utilities D 0 ~
d. \X'ater 0 0 ~
e. Sewer (sanitary, treated effluent and storm) 0 0 ,(l
8. Surface water, including:
a. Holding ponds, streams and Irrigation ditches 0 0 f6I.
b. \V'atercourses, water bodies and wetlands 0 0 ~
c. Fioodplains as designated on the Federal Insurance Rate Map or that may otherwIse he
idenrified as lying within a 100-vear floodplall1 through additional floodplain
del1l1eation, engineerIng analysis, topographic surveyor other objective and factual
basis
0 0 ~
d i\ floodplain analysis repon in compliance with Chapter 18.58, BMC
Floodplain Regulations) if not preVIously provided with subdivIslOn review
(Bozeman o o
Page 4
244
Yes NoSite Plan Infonnarion, continued N/A
Gradmg and draillage plan, tncluding provlSlons for on-site retention;'detention and water o o
gua!itv unprovement facilities as reguired by the Eng111eenng Department, or 111 compliance
with any adopted storm drainage ordinance or best management pracuces manual adopted by
the C1ty
10. ,-\ll dramageways, streets, arroyos, dry gullies, divers10n dnches, spillways, reservous, etc. which mal' be 111corporated
Into the storm dramage system for the property shall be deSignated
a The name of the dramagewav (where appropriate)
0 !D
b. The downstream condiuons (developed, available dralnagewavs, etc.) 0 0
c. c\nv downstream restrJctions 0 0
II. SlgnltJcant rock outCropp111gS, slopes of greater man 15 percent or other slgniticant 0 D
topographic fearures
12 Sidewalks, wall'ways, dnvewa rs, loading areas and docks, bike"vavs, ll1cluding ryplcal details I 0 0
0'
£I'
~
Kl
L$
In
and 111terrelauonships with vehicular clrculaaon system, ll1dicating proposed treatment of
points of conflict
ProvIsion for hanclicapped accessibility 111cluding but not limited to, wheelchair ramps.
park.mf{ spaces, handrails and curb curs, Including consrrucuon details and the appLicanr's
certiflcnnon oL..\D,-\ compLiance
0 0
1 I
IE
16.
15.
14
Exrenor slgns. Note -The review of signs 111 conjunction With tlllS appucatiQn is only reVle\\'
or cQ1npl1ance with Chapter 18.52, 13i\JC (Signs) .\ slgn permil must be obtall1ed from the
Department of Planrung and Community Development pnor to erection of anv and all sign,.
ExterJor refuse coliecnon areas. Including typical details
Fences and ""alls, 111cluding l)'Plcal derails
I
I
I
0
0
0
0
0
0
~
[2'
I I(f
.-\ sire plan, complere wnh all structures, p2[kJng spaces, huilding entrances, uafflc areas (borh
veh1cular and pedesrnan). vegetauon thar nughr Interfere with lightmg, and adjacent uses,
contalnll1g a layour of all proposed fixtures bv locauon and rype. The materials rClluued 10
Semon IS.78.060.R, Bl\lC (Llghung Plan), If nor previouslv pro\rjded
0 I 0 M'
18 Curb, asnhalt secrion and dnve approach construcrion derails o o
19. Landscapll1g -detailed pian showll1g plantings, equipment, and orher appropnate ll1formauon
as rcgUlred 111 Secnon 18.78.100, BJ\IC (Subnuttal Requirements for Lanclscapll1g Plans) If
rel]uued, complete section C below
o o
20.
21
U11lque narural features, Significant wildlife areas and vegetative cover, ll1cluding eXisting rrees
and shwbs havll1g a diameter ,l'Teater than 2.5 111ches, by species
Snow storage areas I o
o
o
10
22 Locauon of Cm' liour boundanl'>, and bouncianes of Gallatin (ounrv's Bozeman ,'\rea Zonmg
Junsdictlon, widun or ncar the development
EX1Stll1g wrung WIthin 200 feet of the sm:: I
D
o
D
o
24 Histone, cultmaJ and archeological resources, describe
structures or clisrncts, and archeologICal or cultural sires
and map any designated histonc o o
l\.lalor public taciliues, including schools, parks, rrails, etc. D o
D. Landscape Plans If a landscape plan is reqUlred, the following info=atioD shall be provided on the landscape plan
Landscape Plan Infonnation Yes No N/A
1 Date. scale, north ano,\', and the names, addresses, and telephone numbers of bom the
property owner and me person prepanng the pian
2 Location of CXlStll1g boundan' lines and ci.imcnslOns of the lot
D D 13
0 D ~
Page :;
245
./
Landscape Plan Infonnation, continued ! Yes No N/A
rg...3. .r\pproximate centerlines of existing watercourses, re'ltllred watercourse setbacks, and the 0 0
locauon of any 100-year floodplain; the approXlIDate location of significant drainage fearures;
and the location and sIZe of exisnng and proposed streets and alleys, utility easements, utility
lines, drivewavs and sidewalks on the lot and/or adjacenr to rhe lor
4. ProJecr name, srreet address, and lor and block descnption 0 0 ~
5. Locaaon, helghr and material of proposed screerung and fencmg (with berms to be delineated 0 0 S
bv one foot contours)
6. Locations and dimensions of proposed landscape buffer strips, mcluding watercourse buffer 0 0 ~
StflPS
.., I. Complere landscape legend providing a descnprion of planr marerials shown on rhe plan, 0 0 ~
mcluding typical symbols, names (common and botanical name)) 10Gl tions, 'luanriries,
8.
'J.
HI.
11
12.
container or caliper sizes ar insrallation, heights, spread and spacmg. The location and type of
all existing trees on the lot 0\7e.r 6 inches m caliper must be specifically mdicated
Complete illustration of landscapmg and screerung to be provided In or near off-streer parking
and loading areas, mcluding information as to the amount (m square feet) of landscape area to
be provided lQternal to parking areas
parking and loading spaces
;\n 1I1dicaaon of how existing health\' trees (if any) are to
damage dunng construction
SIze, height, locauon and marenal of proposed seating, lighang, planters, sculptures, and water
feature~
;\ description of proposed watering merhods
Location of srrecr vision rriangles on rhe lor (if applicable)
13
14
1S.
16.
1:.
18
19.
2
21.
Tabulation of pomts earned by rhc plan ... see Section
Performance Srandards)
DeSl!!nared snow removal storage areas
Location of pavement, curbs, sidewalb and gutters
Show location of eXlsung and/or proposed dramage facilitlcs
drainage connol
Exisung and proposeJ grade
Size of plantings at the time of installatlon and at marurity
,"\reas 1.0 be LUlgatecl
Planting plan for watercourse buffers, per Section 18.42.100, BMC (\'Vatercourse Serbacks), if
nor prevIOusly provided rhrough subdiVISion reVlew
Front and side elevauons of buildings, fences and walls with
otherwise provided by rhe application. Show open srauways
exterior buildin? walls
0 0 ~
and the number and location of required off-street
be retamed and protected from 0 0 ~
Qi0 0
0 0 ~
0 0 ~
[iJ1848060, ByrC (Landscape I 0 0
0 0 ~
II 0 0 'KI
which are ro be used for 0 0 1Kl
0 0 ~
0 0 r;zJ
D 0 ~
0 0 ~
height dimensions if not 0 0 ~
and orher projections from
Page 6
--------------------------------------------------------="'-1
246
01/16/2008 1 :34 5192318389
Jan 15 08 II',3u e J. ~~ ... (IT,. St VQn~ 406-SS6-9290 1".2
CITY OF BOZEMAN
DEPARTME TOF PlANNING A D COMMUNITY DEVELOPMENT
Alfred M. Stiff Proressionol !Jui1c!in0 phone 40b.S~';1·2260
20 Ea" Olive Strcel fox 406-582·7.263
r.o Boll'1230 p1onning@bc,eolT'lon,nel
Bo:r.eman, Montono 59771·12~1t) www.bozernon.nel
DEVELOPMENT REVIEW APPUCATION
q2-/ OJ
3. AT'!"lic;ln~ JnfoTm"tion:
Namt:: J€fI"F' ~.,... os;Vlf, ~S E.m:.iJ\d"rc~" +d m vl'\., t1 ~ ~..,<"'\. ~~;:~
~ (") gc7;'6~ 1""'-' I 1""-T. -:;~ 71 ~
4. ReJlrc~cnt2ti"l! T"rnttTIad,:,n: ~ ~t.."" '"
l--la'Cl;' E-r.l1U ;\.!"".,:;:
M:uling ,:\,cldrm --=
JO. BOtemah 2020 Community PIa" De!lignntion: _~_l
[. It, Gm.. Ar,;.; A.c.I!~: L-___ f;ql.ll'lre Fecc_._ ... .J~. '~\~'-~fC:l_·'_A_,,_r_"'''_' S_q_U_''_':<_::F~~_c_t:_.__.--!I
App[oprialc Rtvi_ fec Submimd 0
~-.-Le-~-I-D-es·-e-np-'-ti-o-n.-·--I-0-11"'--··-"""--; (oJ LL~'--~ I
.>v,~-'~-;-6p UfJM AJ"', ~;;]
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247
----
p.3
5192318389
~~a Jerf St~v ns 406-556-8280
13. Is lhc ,uhi~t ~ile Q,1dlln ",n urban rent..,;>.l district' YI~5, ',10',\\'(' qll(~tion L>a No, go ro guCtriOl) 140 0
13a. Which "rhal) renr.wal disuic:tr o DoWfllOWtI 0 N(lr,I.co,./ ,>,1. ;lill) 0 North 7m ;'vc"ue
.._--_
Yer., nn:;"....:· qll('~.tiun 143 No. go to qu~tion 1)
14... Which Ovcrl"y Di~tncr? 0 (",no 0 Nc.lgnht)';" "',d Conservatiun 0 E"tt:"YW"y CQrridur
I'" T, ..' mh,,, .;~ w"h;, •• ~"I., d;,.,,,, 0
..
0
:l~. Applic:l.1;nn Type (l'''''''~'' dlcck "II th,u apply)' Do PI.,,,,,·,' I:,,,, D.vd'OJ>m~o' -(r:tnccpr PIM
LJ 1\. Slld,·h Pb" f,n ""gobII'd Auiulr.ies .In R.r~"l".ccl Wctl:mch o P. rhon",1 i ,." :)r:rclopmcnr -Pr..l.imiMIf Pl:ln
1] II. R~\I~". Cl~""l:'" Ul Ute I'W": I,e( r cloprnc.nt Jlt(--<) /.1/91 :;it. o (.J "10"::0'" : ;:1'.1 1)C.c1nrm~nr -Fm:u PIAn
Dc; '\,m<,ulrncnl/N'l',hfoUhfl" (\1 !'Il" ;\pf'ml'a1 0,,/:\fl';1' 9/)/')1 011 1';,,,,,,,.;' "" f")~,-dopmeor .. :lr1.'sttL l'l:ilo
On. n....\Ic,t". "''JnJ.{~.1 t'~t, I;ntd)l,.,t l)l-vd0l'mcnr, t'rnl.'IlJrT1l,..'11t/c:O,\ o :.. :~,.d:.dl\·:"lql\ 1'!'c·;\l?phc.auo'l
o ' Spec"l Tempnrary v~ ~t Or'. Sl,h,.'i·,':· ",II I'<c!im;n:ll)' rln
OF. Sketdl 'hln/U H o 1I. ~;"hd,,:,"'"'' F,,,.l PI't
o G. Sketch Pl,n/C():\ w,lh ~11 l:...pl~LfjC~tiOll of1).. o V. ~1I1"b·;,."·,, [xe",.!"jon
o ~I T'ldil'J)lfi~~' :-il't: Pl~I1/C(l ..\
o I I',dmu""ry Site ""'n o ,.. ,:,('111111.:' \\;'1' r\n\tndn,e~c
o J. PlClittu~ ..y :)'fno«~ liite rl:l~ o Y. lInl,i,'.1 i " ...·,'Ic.pn'enr Ordi :1\":. Te><', _"\m.'hlmtnl
0" Coo(l.;tion~llI.c1'".,..,i, o Z. 2.(\;H1"'l; " 1:"'\·1111:<:
I~ ConrJicio,,"llh Pe,r."'./CO" o A:\. (:p.,I.;li, ~·"lIh.:'~ "'-.bf> .AInc:t\dmf':1\C
OM..\drt1j,niur.\tJVe 1'1Q;~CI D.r;;j'~n Appd o "A.B. C.. ···."i, r'.-,kv TOll "'mer.drn~ot
o N .•·\dm,(,j~rrncivt' lnn:rp'ctacion A!!p~1 DOth,:!. ------_._-----
llli': ~pplicAtion Illlt.t be ot;<;Lln\{l,nicd by tbe lprlOpl'''t~ cheekl13t(,). number 1),'1':: n'; III P' ,~, .cljo;n", ,nf":ITlI'uou "ml mJJlcltuh, ...,1 [;:e
(t~ D."eJ')fJn-en" Rt:V'icw "P?licRaon Ilcquiteme",~ ,\ltd Fets), The plan, or pI;.". "lit:. nc dr21l1n 10 ~calc 00 !",P~C not mwleJ th;\l' 8'1,
bl' 11'1I1<lIe5 0< larger th,,014. I. ~ 36-i.,cIt~ folded i.1I0 indo idu~l set1 (In In'ge' '!"." IW~ by J4-inoh"", 'lnc llll.me of the projecr must
he .J",,,,,, on c r.Ofller <'.lee' r>f t '-r!?n, I. ~.Iinll \:t'"c1..~ will he uted. ,hc!' "1\'" ioU", Ie " mbk of cnntcn~ :\ncl '" bbed divid",_ bel'v<:en
~ccll(Jn, :,?pLcaoon de"JJI"'" :0 \Ilednod~y. It ~·OO pm. Th.~ .. lie"i"I) lIl'.>:·: ~'" .i(:'led by bOtb tht appuc.,.nr(,) *od the proper,;,
u\v'~.:(o) (If diHc'.~nl) I.d,:o" .he r.<I."llIitt~ will he lC'cp~cl
.-\" incl' ~d ~ the .\lJll1nlUtrl-') """ow, thi: a?pllC~nt('l ~nd "top<11), owne.'!r.:, "":""'; lni, ~j)J)lic~lJon (or n:vj~ under th, ".mL' l\ll<l
!lrovj~Jon, (If the Bozcnur, Municipal Cnd~, ir is fu..,llCf i:ldk~ted I,ft~t lUll' w": i, '" ,.1.-;'1"'. to CQ",plr.t" ., d~Tt:lopmcnt "PF'o""d hy .h~
City O£B02t'1nOn ~".1I bt' ''1 ennf,('<1'mncc wIth (hc tCC!',Urcmellli of (h. B07c:na:t, ;..III ""'Ij>,l Code:llld ao)' <~cciR! eonditiQol~ eu~I,lUbcd by
the npPIOvN ftutbori". I ,cknco\<.I..cJg'-th.~ tile (jt.jr h.. ~n lm!",Cf F•• P"'f'"n: II'.,: ';::r.I'1 fees ""'J' be ~~r.~:'sed for m)" PIOI~"t. Furthcr. I
ogrtc to gt"Itl' ell' po:r.Io.,,,d ~l,d ad"" l'CV1l!\lf RE"""T (ep.,.~c.:u:ui"cs ",ceo" '(' .".. "tltre('1 silt durinf; ,he ~,our" of rh.: review plr.'cc"
(;;naon 11',<,,,.050, FlMC). (('}:oc) 1::,,~lJy <:c:illy ll,_.l,he ~b«"< ,\"r"".,,"~i:m i,: ,:0', m, ..'",~Lct!('t the kut c,t I:flT (our) JtnOwlcdgt'.
~pplicant'~ 5lgMIU{e: ~~~.'_=ti'''te; /-S-d K_~
IAl'plicIlDt'~ Signa.(ur?~ . ..J_D_..t_c_:~ -=_l
Prop~r'Y Owner'l; Slgl~~~;~~ - _ =\ n"te. , ..l ~--;~ ._.-?
,~~ ..rty_Owncr'~ Sie"at\trl': _.... IDI\'~' _. J_
P~l:c 2
ro~or,..,tDC'11ll\cw'c\\' ....1'f'~i:a.8arI-Plc~rr.d 't/2.E, IO"~ ."",'°111 I:" 'JI.17/04. 5/\/0Ii)
-,_.-.._--
248
CERTIFICATE OF APPROPRIATNESS CHECKLIST 1
If a project is located in the Neighborhood O:mservation Overlay District or the Emryway Corridor Overlay Distlict, and
qualifies for review as a Sketch Plan; Reuse, Change of Use or Further Developmem of a Site Developed Before 9-3-91; or
i\mendment/Modification of a Plan Approved On or After 9-3-91, this checklist shall be used. See Section 18.34.050 (Sketch
Plan Review), Section 18.34.150 (Amendments to Sketch and Site Plans) or Section 18.34.170 (Reuse, Change in Use or
Further Development of Sites Developed Prior to the Adoption of the Ordinance Codified in TIlls Title), BMC These
checklists shall be completed and retumed as part of the submittal. Any item checked "No" or "NIA" (not applicable) must
be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Neighborhood Conservation Overlay District. If a proposed development is located .in the Neighborhood
Conservation Overlay District, information shall be provided to the appropriate review authority to review prior to
granting or denying a certificate of appropriateness. The enent of documentation to be submin:ed on any project shall
be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review
authority to make its determination. At a minimum, the following items shall be included in the submission:
Neighborhood Conservation Overlay District Information Yes No N/A
1. One current picture of each elevation of each stnlcture planned [Q be altered and such D 0 1&
additional picrures of the specific elements of the stnlcrure or property [Q be altered that will
clearly express the narure and ell.1:ent of change planned. Except when orhelVIise
recommended, no more than eight pictures should be submirred and all piCtures shall be
mounted on lerrer-sIze sheets and clearly annotated with the property address, elevation
direction (N, S, E, W) and relevant information
2. Sketch plan, \\~th north at the top of the page, including site boundaries, accurate lot and D 0 D
buuding area dimensions, street and alley frontages with names, and location of all structures
v.~th distances to the nearest foot between buildings and from buildings [Q property lines
3. H:islOrical information, including available data such as pictures, plans, authenticated verbal D D ~
records and similar research documentation that may be relevant to the planned alteration
4 Materials and color schemes [Q be used i D 0 ~
5. Plans. sl<.erches, pictures, specifications and orher data that will clearly express the appliclI1t's D 0 @
proposed alterations
6. A schedule of planned actions that will lead to the completed alterations D D ~:
7. Such other information as may be suggested by the Planning Department D I D ! D
8. Description of any applicant-requested deviation(s) and a narrative explanation as lO how the D D ~ requested deviation(s) will encourage restoration and rehabilitation activity that will contribute
to the overall historic character of the community
B. Entrvwav Corridor Overlay District. If a proposed development is located in the Entryway Corridor Overlay District,
inJorn1ation shall be provided to the appropriate review authority to review prior to granting or denying a certificate
of appropriateness. The ell.'tent of documentation to be submitted on any project shall be dictat:ed by the scope of the
planned alteration and the information reasonably necessary for the appropriate review authority to make its
determination. At a minimwn, the following items shall be included in the submission:
Entryway Corridor Overlay District Information Yes No N/A
1. Sketch plan, ~th nonh at the top of the page, including site boundaries, accurate lot and D D D
building area dimensions, street and alley frontages with names, and location of all structures
v.~th distances to the nearest foot between buildings and from buudings to property lines
, Plans, sl<.etches, pictures, specifications and other data that will clearly express the applicant's D 0 D
proposed alterations
3. Such other information as may be suggested by the Planning Department D 0 D
g4. If the proposal includes an application for a deviation as outlined in Section 18.66.050 D 0
(Deviations), BMC, the application for deviation shall be accompanied by ""Tirren and graphic
material sufficient to illustrate the conditions that the modified standards will produce, so as
to enable the Gty Commission to make the determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards, and will be consistent with the intent and purpose of Chapter 18.30 (Entryway
Corridor Overlay District), BMC.
Page 3
(Certificate of Appropriateness O1ecklist 1-Prepared 11/24/03; revised on 9/8/04)
249
Date: 2-15-08
To: City of Bozeman
Bozeman Planning Office
From: Jeff Stevens / TDM Montana, LLC.
Dba Taco Del Mar of Bozeman
Re: Conditional Use Permit / Cert. of Appropriateness
Beer & Wine On-Premise License
Operational Narrative
• The Department of Revenue, Liquor Licensing has reviewed and approved TDM Montana, LLC
dba Taco Del Mar’s application for a Montana Retail On-Premise Consumption Restaurant
Beer/Wine with Catering Endorsement License No. 06-715-2940-402 (as of February 8, 2008)
conditioned upon receipt of a Conditional Use Permit issued by the City of Bozeman.
• Taco Del Mar of Bozeman is a Mexican-Style, Quick-Service restaurant offering Lunch & Dinner
to our patrons. We have been in operation since November of 2001.
• We are located at 1600 N. 19th Avenue, Suite F, Bozeman, MT. 59718.
Our 1300 sq. ft. leased retail space is in between Old Navy & Sally Beauty Supply at the North
end of the Bridger Peaks Town Center. The property is owned by Bridger Peaks Holdings.
• We are open for business Mon-Sun from 11:00 a.m. until 9 p.m.
• All bottled product will be stored in a dedicated, lockable, counter-top cooler directly behind the
cash register (see attached floor plan/equip. sched.)
• All deliveries of such alcoholic product will be received through the rear of the restaurant marked
“Exit” as with all other food/supply deliveries.
• All persons that are not obviously over the age of 21 will be carded to prove they are of age.
• All purchased Alcoholic Beverages will be delivered to the customer at their table by Taco Del
Mar staff.
• See attached digital photos of Storefront & Interior of the restaurant, Menu & Floor Plan.
Contact Info: Jeff Stevens
406-539-3924
tdmmontana@msn.com
TDM Montana, LLC
dba Taco Del Mar
1600 N. 19th Ave.
Suite F
Bozeman, MT. 59718
250
251