HomeMy WebLinkAboutBridger Brewing Conditional Use Permit and Certificate of Appropriateness.pdf Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Assistant Planner for Historic Preservation
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Conditional Use Permit and Certificate of Appropriateness Application
#Z-10042 to allow a domestic brewery license on the property located at
241 East Main Street, which is zoned B-3 (Central Business District) and
located within the Main Street Historic District and Neighborhood
Conservation Overlay District.
MEETING DATE: April 19, 2010
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Staff recommends conditional approval of the Conditional Use
Permit and Certificate of Appropriateness.
BACKGROUND: This is a Conditional Use Permit (CUP) application to enable adaptive
reuse of a portion of the Artcraft Printers building at 241 East Main Street by Bridger Brewing, a
domestic brewery operating under a State of Montana domestic brewer’s license. Bridger
Brewing will include a small restaurant, and have alcohol beverages available for onsite
consumption as well as retail sale for off-site consumption. No gaming machines are proposed
with this application. Minor exterior modifications are proposed, to enclose the former loading
dock on the north façade of the building and create patio seating in conformance with Montana
liquor laws.
Unresolved issues
1) The application does not include information regarding the number of employees
working maximum shift, which is needed for parking calculations to determine the
number of parking spaces required. Staff has offered resolution of this deficiency with
condition number nine of the staff report, on page three, and is also discussed on page
eight.
ALTERNATIVES:
1) Approve the Conditional Use Permit application with the conditions recommended by
staff.
2) Approve the Conditional Use Permit application with modified or additional conditions.
3) Deny the Conditional Use Permit application.
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FISCAL EFFECTS: The standard application fee was received for the Conditional Use Permit
and Certificate of Appropriateness project and was added to the Department of Planning’s
application fee revenue.
Attachments: Applicant’s submittal
Applicant’s draft Brewer’s License application
Staff Report
Report compiled on: April 14, 2010
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City Commission STAFF REPORT
Bridger Brewing CUP/ COA #Z-10042
#Z-10042 Bridger Brewing CUP/ COA Staff Report
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Item: Conditional Use Permit and Certificate of Appropriateness
Application #Z-10042 to allow a domestic brewery license on the
property located at 241 East Main Street, which is zoned B-3 (Central
Business District) and located within the Main Street Historic District
and Neighborhood Conservation Overlay District.
Property Owner: Artcraft Printers, Inc./ Helori Graff, President
6673 South 3rd Road
Bozeman, Montana 59715
Representative: Spanish Peaks Engineering & Consulting, LLC
PO Box 114
Bozeman, MT 59771
Applicant: David Breck
PO Box 3155
Bozeman, MT 59772
Date: City Commission Hearing: Monday, April 19, 2010 at 6:00 p.m.
Commission Meeting Room, Bozeman City Hall, 121 North Rouse
Avenue, Bozeman, Montana.
Report By: Courtney Kramer, Assistant Planner for Historic Preservation
Recommendation: Conditional Approval
____________________________________________________________________________________
PROPOSAL
A Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) application was submitted
to the Department of Planning by property owner Helori Graff of Artcraft Printers, applicant David
Breck of Bridger Brewing and representative David Sigler of Spanish Peaks Engineering & Consulting.
The application is requesting the reuse of a property addressed as 241 East Main Street as a restaurant
and brewery, and domestic brewery license. The proposal does not include any gaming machines with
this application. The space previously was used by Artcraft Printers, a business which will remain in the
eastern portion of the building.
Minimal exterior alterations are proposed with this application, including proposed screening on the
former loading dock in order to create an exterior seating area in compliance with state regulations.
Additional seating is proposed on the sidewalk along Main Street, but this area will not include the
service of alcoholic beverages and will be created through an encroachment permit from the Engineering
Department. Any future addition of alcohol service to this area will require amending the CUP. Exterior
signage associated with this development will be reviewed through a comprehensive signage plan for the
building.
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PROJECT LOCATION
The subject commercial business is located at 241 East Main Street, a property legally described as the
East 22.19 feet of Lot 11 and all of Lot 12, Block D, Original Townsite, City of Bozeman, Gallatin
County, Montana. The zoning designation for said property is B-3 (Central Business District) and
located within the Main Street Historic District and the Neighborhood Conservation Overlay District.
Please refer to the vicinity map provided below.
RECOMMENDATION
The Department of Planning and Community Development and the Development Review Committee
(DRC) reviewed the Conditional Use Permit application and as a result recommend to the City
Commission approval of this 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 Title 18, BMC, which are applicable to this project, prior to receiving final
approval. 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.
RECOMMENDED CONDITIONS OF APPROVAL
The Department of Planning and Community Development Department and the DRC find that the
application, with conditions, is in general compliance with the adopted Growth Policy and Title 18,
BMC. The following project specific conditions of approval are recommended:
Planning
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1. To establish sidewalk seating to the front of the building, a Sidewalk Encroachment Permit
application shall be submitted to and approved by the Director of Public Service. Service of
alcoholic beverages in this area is prohibited with this approval, unless amendments to the CUP
are completed.
2. 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.
3. 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.
4. The right to serve alcohol to 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.
5. If any catering with alcoholic beverages occurs, the applicant shall obtain a catering endorsement
from the Department of Revenue, Liquor Division, as well as the appropriate City catering
licenses.
6. In accordance with BMC Section 13.12.322, the Water/Sewer Superintendent is requiring an
inspection of the water service to determine whether the water service has backflow protection
and if such protection is installed that the device is appropriate for the level of use for the
facility. If the service has been found without backflow protection, the applicant will have a
preventer and expansion tank installed. If the existing device does not provide adequate
protection, the applicant will be required to replace the preventer with a preventer that is
designed to provide adequate protection. The applicant will contact the Water Department’s
Backflow Specialist at 582-3200 to arrange an inspection of the water service.
7. The gambling activities on the subject property shall never include “casino” activities, as
presently defined in Section 18.80.470 of the B.M.C.
8. The Final Site Plan application shall include information regarding the required screening of the
northern loading dock/ patio area. This information may be submitted in the form of photos to be
matched, drawings, or catalog pages.
9. The Final Site Plan application shall include a statement from the property owner allowing the
Bridger Brewery use of the parking spaces allotted to the building through the downtown parking
SID required with this development, including the two spaces per employee on maximum shift.
This information should include a comprehensive parking calculation for the entire building and
each of the uses within which identifies the parking demand and how that demand is satisfied.
Engineering
10. A grease interceptor conforming to the latest adopted edition of the unified plumbing code shall
be installed. In accordance with Municipal Code, on-site maintenance and interceptor service
records shall be kept on a regular basis and made available to the City upon request.
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11. A Pretreatment Program Sanitary Sewer Survey shall be completed by the Applicant and
submitted to the Engineering Department prior to FSP approval.
ZONING DESIGNATION & LAND USES
The subject property is zoned “B-3” (Central Business District). The intent of the “B-3” zoning district
is to provide a central area for the community’s business, government service and cultural activities.
The following land uses and zoning are adjacent to the subject property:
North: Surface parking lot zoned B-3;
South: Commercial use (restaurant) zoned B-3;
East: Commercial use (retail) zoned B-3;
West: Commercial use (retail) zoned B-3.
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as “Community Core” in the Bozeman Community Plan. 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 while providing areas of transition to adjacent
areas and preserving the historic character of Main Street.
This particular area of “Community Commercial” resides in the historic core of Bozeman. It is
important to note the goals and objectives related to the historic core as stated in Chapter 5 of the
Bozeman Community Plan and keep them in perspective for this proposal:
§ Goal HP-1: Protect historically and culturally significant resources that contribute to the
community’s identity, history and quality of life.
· Objective HP-1.1: Continue implementation and further develop historic preservation
planning tools and research efforts that provide protection of historic resources.
REVIEW CRITERIA & STAFF FINDINGS
The Development Review Committee (DRC) reviewed the CUP & COA application to allow a domestic
brewery license at 241 East 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. The Department
of Planning and Community Development reviewed the application for a CUP against the relevant
chapters of Title 18, BMC and as a result offers the following summary review comments.
SECTION 18.34.100 “CITY COMMISISON/BOARD OF ADJUSTMENT CONSIDERATION AND
FINDINGS FOR CONDITIONAL USE PERMITS”
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In addition to the review criteria below, 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 proposal is to develop a brewery and restaurant with a domestic brewery license and retail of
brewed beverages for both on and off-site consumption. No gaming machines are proposed with
this application. The site is adequate to accommodate the proposed domestic brewery use. This
subject location is currently used by a commercial printing business. This CUP application is
also considering the change in use from manufacturing/ printing to restaurant.
To establish sidewalk seating in the front of the building, a Sidewalk Encroachment Permit
application shall be submitted to and approved by the Director of Public Service. Alcohol service
to the sidewalk seating areas is prohibited with this approval, unless an amendment to the CUP is
completed.
The outdoor seating proposed on the former loading dock on the northern end of the building
will be screened in accordance with Montana Liquor laws.
All parking associated with this project will be located off site, through Downtown Bozeman’s
Special Improvement District for parking.
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.
As of the writing of this report, no public comment has been received in response to the noticing
of this project. Following review of the proposed application with the inclusion of the
recommended conditions, staff finds that the proposed use will have no material adverse effect
upon abutting properties unless evidence presented at the public hearing proves otherwise.
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, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the recommended
conditions of approval on page three of this report.
SECTION 18.34.090 “SITE PLAN REVIEW CRITERIA”
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In considering applications for a conditional use permit for a domestic brewery license for the on-
site consumption and retail sale for off-site consumption of alcohol beverages, the City Commission,
the DRC, and when appropriate, the ADR staff shall review the application against the Site Plan
Review requirements of 18.34.090 as follows:
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 Core” 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:
Planning
a. Section 18.34.100, “City Commission Consideration and Record for Conditional
Use Permits,” 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.
b. Section 18.34.100, all of the special 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 site plan approval or commencement of the conditional use.
c. Section 18.34.130, “Final Site Plan,” no later than six months after the date of
approval of a preliminary site plan or master site plan, the applicant shall submit to
the Department of Planning seven (7) copies of final site plan materials. The final
site plan shall contain all of the conditions, corrections and modifications approved
by the Department of Planning.
d. Section 18.34.130, a Building Permit must be obtained prior to the work, 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. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site plan,
including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
e. Section 18.34.130, upon submitting the final site plan for approval by the Planning
Director, and prior to the issuance of a building permit, applicant shall also submit a
written narrative outlining how each of the above conditions of approval and code
provisions have been satisfied or met.
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f. Section 18.38.050.F, “Accessory Buildings, Uses and Equipment,” all mechanical
equipment shall be screened. Rooftop equipment should be incorporated into the roof
form and ground mounted equipment shall be screened with walls, fencing or plant
materials.
g. Section 18.42.150, “Lighting,” all proposed site and building lighting shall comply
with said section requirements. A detailed lighting plan shall be included with the
final site plan submittal.
h. Chapter 18.46, “Parking,” all proposed parking affiliated with the project, both on-
and off-site, shall comply with said chapter requirements.
i. Section 18.52.060, “Signs Permitted Upon the Issuance of a Sign Permit,” any
signage associate with the development must obtain a sign permit, as well as, meet
the requirements of this section.
j. Section 18.64.100, “Building Permit Requirements,” a Building Permit must be
obtained prior to the work, 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.
k. Section 18.64.110, “Permit Issuance,” states that no permit or license shall be issued
unless the use, arrangement and construction have been set forth in such approved
plans and applications.
Engineering
a. The final site plan shall be adequately dimensioned and labeled with a legend of
linetypes and symbols used provided.
b. Easements and R/W located on and adjacent to the site shall be depicted and labeled
appropriately. Distinction between proposed and existing easements shall be made.
Any proposed easements shall be provided prior to final site plan approval.
c. Sewer, water and fire services shall be shown, with sizes labeled, on the final site plan
from main to building and approved by the Water/Sewer Superintendent. City of
Bozeman applications for service shall be completed by the applicant.
d. The location of existing and proposed water/sewer mains and services shall be
properly depicted, as well as nearby fire hydrants and proposed hydrants. Proposed
utilities shall be distinguishable from existing.
3. Conformance with all other applicable laws, ordinances, and regulations
All other applicable laws, ordinances, and regulations must be followed. All conditions
for a Conditional Use Permit must be met prior to final approval.
4. Relationship of site plan elements to conditions both on and off the property
The proposed Bridger Brewing use requires minimal exterior changes in addition to the
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necessary interior changes. A Certificate of Appropriateness application will be required
for any exterior alterations not included with this application, including signage.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Parking requirements for the entire Artcraft Printers building must be considered with
this application. Several Unified Development Ordinance amendments were recently
approved by the City Commission, including the statement that the first 3,000 gross
square feet of a non-residential building within the B-3 district is not required to provide
parking. The public serving area is a total of 3, 025 square feet, which is 25 square feet
after the reductions, and thus generates zero parking demand. The kitchen, brewery and
bar area are a total of 2,750 square feet, and rated for parking purposes as
“manufacturing” which requires one parking space per 1,000 square feet, plus one
additional space per two employees working maximum shift. By square footage, this
space creates a total parking demand of two spaces, although the spaces required for the
employees on maximum shift are unknown. This issues is resolved with condition 9,
which requires the Final Site Plan application to include comprehensive parking
calculations for the building which includes the spaces needed for employees on
maximum shift. The building has 18.5 spaces available as stated in the Downtown
Parking SID 565, and planning staff is certain this use will be able to supply the required
parking through these spaces.
6. Pedestrian and vehicular ingress and egress
No alterations are proposed to the existing pedestrian and vehicular ingress and egress.
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 landscaping is required or proposed with this application.
8. Open space
No open space is required or proposed with this application.
9. Building location and height
No physical alterations are proposed to the location or height of the existing building.
The location and building height will remain unchanged.
10. Setbacks
This proposed use is within an existing building. All setbacks on site are legal and
conforming.
11. Lighting
No changes to lighting are proposed as part of this application.
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12. Provisions for utilities, including efficient public services and facilities
Conditions #6, #10, and #11 require upgrades to meet the adopted standards of the City
of Bozeman’s Sanitary Sewer and Water.
13. Site surface drainage
No changes to the site surface drainage are proposed.
14. Loading and unloading areas
No alterations are proposed that would impact loading and unloading areas.
15. Grading
No new grading is anticipated on site.
16. Signage
No new signage is proposed at this time. Any new signage requires a Certificate of
Appropriateness application and sign permit that must be reviewed and approved by the
Department of Planning prior to installation.
17. Screening
All mechanical equipment shall be screened. Rooftop equipment should be incorporated
into the roof form and ground mounted equipment shall be screened with walls, fencing
or plant materials.
18. Overlay district provisions
The subject commercial spaces are located within the Neighborhood Conservation
Overlay District. A Certificate of Appropriateness (COA) was required with this CUP
application because exterior modifications are proposed. A COA application will be
required for additional exterior modifications.
19. Other related matters, including relevant comment from affected parties
As of the writing of this staff report, no public comment has been received by the
Department of Planning and Community Development in response to the noticing for this
project.
Any comments received after the date of this staff report will be distributed to the City
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:
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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.
Encl: Applicant revised submittal materials
CC: Artcraft Printers, Inc./ Helori Graff, President, 6673 South 3rd Road, Bozeman, Montana 59715
Spanish Peaks Engineering & Consulting, LLC, PO Box 114, Bozeman, MT 59771
David Breck, PO Box 3155, Bozeman, MT 59772
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