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HomeMy WebLinkAboutBaja Fresh Conditional Use Permit and Certificate of Appropriateness with Deviation and easement encroachment.pdf1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Chris Saunders, Interim Planning Director Chris Kukulski, City Manager SUBJECT: Baja Fresh Conditional Use Permit/Certificate of Appropriateness/Deviation and Public Access Easement Encroachment Application - #Z-10066 MEETING DATE: May 17, 2010 AGENDA ITEM TYPE: Action – Public Hearing RECOMMENDATION: Staff recommends approval of the Baja Fresh Conditional Use Permit and Certificate of Appropriateness with Deviation and Public Access Easement Encroachment application (Project Z-10066) to allow an all alcoholic beverage license on the property located at 1459 North 19th Avenue. Said recommendation includes the granting of a ten foot Entryway Corridor Setback Deviation and public access easement encroachment for a fenced- in outdoor seating area. BACKGROUND: Thinktank Design Group Inc., on behalf of Fresh Concepts LLC, has submitted a Conditional Use Permit (CUP), Certificate of Appropriateness (COA) with Deviation (DEV) and public access easement encroachment application to allow an all alcoholic beverage license at 1459 North 19th Avenue (within an existing building). The building this restaurant use will be located within lies between Stockman Bank and Office Depot within the Stoneridge Square development on the northwest corner of North 19th Avenue and Oak Street. Alltel Wireless is currently occupying the southern suite of the building. This application includes a small (approximately 250 square foot) fenced-in outdoor seating area on the east side of the building which necessitates a ten foot setback deviation (as the outdoor seating area is proposed to extend ten feet into the required fifty foot Entryway Corridor setback along N. 19th Avenue). This outdoor seating area is also proposed to encroach the same distance into the existing twenty-five foot wide public access easement that abuts the east edge of the building that covers the existing 8 foot wide shared use path along North 19th Avenue. The fencing of this outdoor seating area is a requirement to conform to State liquor licensing requirements for the outdoor service of alcohol. The restaurant for the two suites within the existing building is actually a combination two restaurant themes (Baja Fresh and Canyons Burger Company) which utilizes a shared kitchen configuration. The interior remodeling of the existing building for the restaurant(s) has already been approved by the Department of Planning and Community Development via a separate administrative approval. The 358 2 request to serve alcohol, however, triggers a requirement for a Conditional Use Permit by the City Commission (who reclaimed this project from the Board of Adjustment). The only initial concern staff had with this proposal was the proximity of the proposed fenced-in outdoor seating area to the existing shared use path located within the public access easement. However, staff believes the applicant has designed a fence that does not pose any special hazards to the users of the shared use path (i.e. such as sharp fence edges or caps, etc.). Staff and the DRC have also recommended several conditions of approval (see recommended conditions #1, 2, 3, 6 and 12 starting on page 3 of the attached staff report) to address specific City indemnification, insurance, revocation provisions and other safety assurances as it relates to this outdoor seating area and its location within the public access easement and proximity to the shared use path. Staff’s full analysis of the review criteria for this proposal is included in the attached staff report. UNRESOLVED ISSUES: As noted in the attached Staff Report, and the applicant’s submittal materials, the State license being applied for by the applicant is an “All-Alcoholic Beverage License” which does include gambling/gaming provisions. The applicant, however, has indicated in their submittal materials that “the applicant does not intend to utilize the gaming portion of the state of Montana all beverages with gaming endorsement. The gaming license will be placed at this location but will not be in public use.” According to the BMC, for gaming to occur at this location it would require that it fall below the thresholds of the “Casino” definition (Section 18.80.470) by having no more than one card table on the premises and/or less than fifteen gambling machines. Above these thresholds would constitute a “Casino” and would not be permitted under Chapter 18.32 of the BMC (Casino Overlay District) as Casinos are not permitted in the B-1 District or within the N. 19th Entryway Corridor. The Commission can decide whether this matter is simply left up to compliance with State and local laws if gaming is proposed in the future or if a specific amendment to the Conditional Use Permit is required before gaming could be instituted. Staff has not proposed a recommended condition in these regards. ALTERNATIVES: 1) Approval of the application as requested including the CUP/COA/DEV and public access easement encroachment. 2) Approval of the CUP for on-site sales and consumption of alcohol but denial of the proposed fenced-in outdoor seating area. (This alternative would incorporate denial of either the setback deviation or the public access easement encroachment request). This alternative would allow the indoor service of alcohol only. 3) Denial of the application. 4) As determined by the Commission. FISCAL EFFECTS: As the public access easement area and the shared use pathway falls under the maintenance responsibilities of the underlying property owner (i.e. Stoneridge Square), and this area was not given parkland dedication credits for the project, there are no projected fiscal effects to the City other than the increased revenues from the improvements made to the site and building. 359 3 Attachments: Staff Report Montana Department of Revenue Liquor License Application Notice Applicant’s Submittal Materials Report compiled on: May 12, 2010 360 CITY COMMISSION STAFF REPORT BAJA FRESH CUP/COA/DEV FILE NO. #Z-10066 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 1 Item: Zoning Application #Z-10066, a Conditional Use Permit/Certificate of Appropriateness/Deviation and Public Access Easement Encroachment Application to allow the placement of an all alcoholic beverage license at 1459 North 19th Avenue in the Stoneridge Square development. The application includes a fenced outdoor seating area on the east side of the building which necessitates a ten foot setback deviation and approval of an encroachment into a recorded public access easement. Owners Stoneridge Partners, LLC 855 Broad Street, Suite 300 Boise, ID 83702 Applicant: Fresh Concepts LLC 14001 N. Coral Gables Dr. Phoenix, AZ 85023 Representative: Thinktank Design Group, Inc. 33 N. Black Bozeman, MT 59715 Date: Before the Bozeman City Commission on Monday, May 17, 2010 at 6:00 pm in the Commission Meeting Room, Bozeman City Hall, 121 N. Rouse Avenue, Bozeman, Montana. Report By: Doug Riley, Associate Planner Recommendation: Conditional Approval ____________________________________________________________________________________ PROJECT LOCATION The property is generally located in the southeast corner of the Stoneridge Square development at the intersection of N. 19th Avenue and West Oak Street. The building this use is to be located within lies between Stockman Bank and Office Depot and currently the only suite occupied within the building is Alltel Wireless. The property is legally described as Lot 4 of the Stoneridge Square Subdivision, City of Bozeman, Gallatin County, Montana (Plat J-446). The property is zoned B-1 (Neighborhood Business District) and is located within the N. 19th Avenue Entryway Corridor Overlay District. Please refer to the following vicinity map. 361 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 2 PROPOSAL This is a Conditional Use Permit (CUP), Certificate of Appropriateness (COA) with Deviation (DEV) and public access easement encroachment application to allow an all alcoholic beverage license at 1459 North 19th Avenue (within an existing building). Said application includes an approximately 250 square foot (10 feet by 25 feet) fenced-in outdoor seating area on the east side of the building that necessitates a ten foot setback deviation (as the outdoor seating area is proposed to extend ten feet into the required fifty foot Entryway Corridor setback along N. 19th Avenue). This outdoor seating area is also proposed to encroach the same distance into the existing twenty-five foot wide public access easement that abuts the east edge of the building that covers the existing 8 foot wide shared use path along North 19th Avenue. The fencing of this area outdoor seating area is a requirement to conform to State liquor licensing requirements for the outdoor service of alcohol. The restaurant for the two suites within the existing building is actually a combination two restaurant themes (Baja Fresh and Canyons Burger Company) which utilizes a shared kitchen configuration. The interior remodeling of the existing building for the restaurants has already been approved by the Department of Planning and Community Development via a separate administrative approval. The overall Stoneridge Square development was approved for this property in 2005. The buildings that abut N. 19th Avenue were constructed directly against the required fifty foot Class I entryway corridor setback. This also coincides with the edge of a twenty five foot wide public access easement that was put in place as part of the subdivision to cover the shared use path that traverses along N. 19th Avenue. This easement area includes the asphalt shared use path, open space, landscaping and pedestrian scale lighting and benches. Note: As noted in the applicant’s submittal materials, and the attached Montana Department of Revenue Liquor License Application Notice, the State license being applied for by the applicant is an “All- Alcoholic Beverage License” which does include gambling/gaming provisions. The applicant, however, has indicated in their submittal materials that “the applicant does not intend to utilize the gaming portion 362 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 3 of the state of Montana all beverages with gaming endorsement. The gaming license will be placed at this location but will not be in public use.” RECOMMENDATION The Development Review Committee (DRC) has reviewed the CUP/COA/DEV and Public Access Easement encroachment application to allow a full beverage liquor license with the addition of outdoor seating area at the property located at 1459 N. 19th Avenue 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 Title 18, Bozeman Municipal Code, 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 DRC finds that the application, with conditions, is in general compliance with the adopted Growth Policy and Title 18 of the Bozeman Municipal Code. The following conditions of approval are recommended: 1. In consideration of the public access easement encroachment and proximity of the proposed outdoor seating area to the existing shared use path along N. 19th, the developer shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a conditional use permit at this site and the proximity of the outdoor seating area and fencing to the shared use path within the public access easement. This hold harmless and indemnification shall be in a form acceptable to the City Attorney. 2. The developer recognizes, acknowledges and assumes the increased risk because of the proximity of the outdoor seating area and fencing to the existing shared use path and shall provide and maintain liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The developer shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. This insurance shall remain effective during the life of the outdoor seating area and the developers lack to provide or continue this coverage shall subject the Conditional Use Permit to revocation by the City. 3. The approval of the encroachment is revocable by the City for due cause to protect the safety and welfare of the public. The developer also recognizes and acknowledges that the encroachment into the public access easement may be temporarily impacted or closed during times of maintenance of facilities within the public access easement (such as maintenance of the shared use path). 4. The outdoor seating area and fencing shall be either constructed or financially guaranteed through the execution of an improvements agreement with the City of Bozeman prior to final approval of the Conditional Use Permit by the Department of Planning and Community 363 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 4 Development and forwarding this approval to the Department of Revenue for issuance of the State liquor license. 5. Any existing landscaping (trees and/or shrubs) removed by the outdoor seating area shall be replaced within the green space along the entryway corridor prior to occupancy of the outdoor seating area. 6. The area east of the doorway into the outdoor seating area shall be kept free and clear of tables to allow adequate egress from the building. A gate shall be provided in the fencing directly opposite of the doorway to support the egress pathway. 7. No outdoor storage is allowed on site. Any additional refuse containers or grease storage shall be adequately screened and/or located within an approved enclosure. Refuse shall not be temporarily stored along the east side of the building and every effort shall be made to control litter from blowing out of the outdoor seating area. 8. 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. 9. 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. 10. 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 possession of alcohol. 11. 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. 12. Any expansion of this use or facility, or the expansion or modification of the outdoor seating area or fencing, is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. 13. 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 @ 582-3200 to arrange an inspection of the water service. 364 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 5 ZONING DESIGNATION & LAND USES The subject property is zoned B-1 (Neighborhood Business District). The intent of the B-1 district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential uses. Development scale and pedestrian orientation are important elements of this district. The following land uses and zoning are adjacent to the subject property: North: Office Depot, commercial retail, zoned “B-2” (Community Business District). South: Stockman Bank, office and service uses, zoned “B-1” (Neighborhood Business District). East: Across N. 19th Avenue, Bozeman Bar and Grill (closed) and Smith’s Grocery, commercial uses, zoned “B-2” (Community Business District). West: Stoneridge Square buildings, Buffalo Wild Wings, zoned “B-1” (Neighborhood Business District) ADOPTED GROWTH POLICY DESIGNATION The Future Land Use Map of the recently updated Bozeman Community Plan designates the subject property to develop as “Community Commercial Mixed Use”. (Note: Previously this site was designated as “Neighborhood Commercial”). Activities within the Community Commercial Mixed 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 functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation…The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10- 15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. REVIEW CRITERIA & STAFF FINDINGS Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits” In addition to the review criteria of Section 18.34.090, (outlined in the next section of this report), the City Commission shall, in approving a conditional use permit, find favorably as follows: 365 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 6 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. This site has been planned, approved and constructed for neighborhood business uses as part of the original Stoneridge Square development. Restaurant uses are allowed outright in the B-1 Neighborhood Business District including “Sales of Alcohol for on-premise consumption” upon the approval of a Conditional Use Permit (CUP). There is adequate parking and pedestrian circulation to parking areas within Stoneridge Square and adjacent areas to accommodate this use. The only initial concern staff had with this proposal was the proximity of the proposed fenced-in outdoor seating area to the existing shared use path. However, staff believes the applicant has designed a fence that does not pose any special hazards to the users of the shared use path (i.e. such as sharp fence caps, etc.) that could pose a safety hazard to users of the shared use pathway. Staff and the DRC have also recommended several conditions of approval (see recommended conditions #1, 2, 3, 6 and 12) to address specific City indemnification, insurance, revocation provisions and other safety assurances as it relates to this outdoor seating area and its proximity to the shared use path and location within part of the public access easement. It should be noted that this shared use path and open space is maintained by the Stoneridge Square development as the underlying ownership of the easement area is still with the landowner. The public access easement simply provides the right of access and travel across this portion of the private property by the public. The public access easement does falls under the Bozeman Municipal Code definition of Right-of-Way which is defined as “A linear public way established or dedicated for public purposes by duly recorded plat, deed, easement, grant, prescription, condemnation, governmental authority or by operation of the law and intended to be occupied by a street, crosswalk, railroad, electric transmission line, water line, sanitary sewer line, stormsewer line or other similar uses.” As a form of right-of-way, the public access easement encroachment requested by the applicant should be duly reviewed and approved by the City Commission. Note: Just for clarification, the Downtown Sidewalk Encroachment Permit Program (Chapter 12.22 of the BMC) being considered for adoption is not applicable to this encroachment request. Staff finds that with conditions the use onsite meets this CUP review criteria. 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. This proposal does not appear to have any elements that would have a material adverse effect upon abutting properties as the property is internal to a larger site designed and approved for these types of uses. This is also a location which does not have any residential proximity where outdoor seating issues or other impacts sometimes surface (e.g. hours of operation, outdoor music, etc.). . With the conditions recommended by Staff and the DRC, the proposal will not have adverse effects upon the abutting properties. 366 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 7 As of the writing of this report, 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 public health, safety and welfare. Please see the “Recommended Conditions of Approval” section beginning on page 3 of this report. Section 18.34.090 “Site Plan and Master Site Plan Review Criteria” The City Commission, in approving a conditional use permit, shall review the application against the review requirements of 18.34.090 including 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 Mixed Use” land use designation. Specific goals related to the Bozeman 2020 Community Plan for this proposal include the following: Chapter 4.3. Goal C-1. Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated. This project would provide a vibrant restaurant use as an additional anchor for this neighborhood business area. Stoneridge Square is well situated with excellent pedestrian and automobile connections to adjacent neighborhoods. N. 19th Avenue is also serviced by Streamline Transit. The existing building is a “main street” style building with individual tenant spaces. The building architecture reduces the bulk and scale of the building itself and the proposed outdoor seating area will additionally reduce the bulk and scale (massing) of the building. The restaurant will occupy a distinctly non-franchise building. This user will additionally provide a nighttime presence to Stoneridge Square. Objective C-3.4. Create neighborhood Commercial Centers that will provide uses to meet consumer demands from surround Residential Districts for everyday goods and services, and will be a pedestrian oriented place that serves as a focal point for the surrounding neighborhoods. This building and development has been planned and approved for neighborhood business uses. Restaurants are an integral part of healthy neighborhood business areas. This site in particular is 367 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 8 close to large office uses (adjacent and south in Stoneridge Business Park and east in Walton Homestead) and significant west side residential neighborhoods with multiple automobile and pedestrian oriented connections. Goal ED-1: Promote and encourage the continued development of Bozeman as a vital economic center. Objective ED-1.1: Support business creation, retention, and expansion. This project would support the creation of a new business on the west side of the City and in support of the other businesses in the N. 19th Avenue Corridor. 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 18.42.150 provides the requirements for lighting on site. All lighting must be in conformance with this section. c. Section 18.74 requires that if final plat approval, occupancy of buildings or other utilization of an approved development is to occur prior to the installation of all required on-site improvements, an Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. d. 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. e. 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 eight (8) 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 including the final design of the outdoor seating area and fencing. f. Section 18.34.100. F. Termination/ Revocation of Conditional Use Permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; 368 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 9 b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 18.34.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 18.64.160, BMC. 3. Conformance with all other applicable laws, ordinances, and regulations All other applicable laws, ordinances, and regulations must be followed. A building permit is required for all improvements. A final site plan, including the final fence design, will also be required for this project prior to final approval and notification to the Department of Revenue on City liquor license approval. As previously noted, the State license being applied for by the applicant is an “All-Alcoholic Beverage License” which does include gambling/gaming provisions. The applicant, however, has indicated in their submittal materials that “the applicant does not intend to utilize the gaming portion of the state of Montana all beverages with gaming endorsement. The gaming license will be placed at this location but will not be in public use.” According to the BMC, for gaming to occur at this location it would require that it fall below the thresholds of the “Casino” definition (Section 18.80.470) by having no more than one card table on the premises and/or less than fifteen gambling machines. Above these thresholds would constitute a “Casino” and would not be permitted under Chapter 18.32 of the BMC (Casino Overlay District) as Casinos are not permitted in the B-1 District or within the N. 19th Entryway Corridor. The Commission can decide whether this matter is simply left up to compliance with State and local laws if gaming is proposed in the future or if a specific amendment to the Conditional Use Permit is required before gaming could be instituted. Staff has not proposed a recommended condition in these regards. 4. Relationship of site plan elements to conditions both on and off the property No changes to the existing site conditions other than the outdoor seating area are proposed. The parking and circulation on site are to remain and are in compliance with current code requirements and the original Stoneridge Square development. The area is wholly surrounded by commercial uses. This area is planned for neighborhood business and restaurant uses are permitted outright in B-1. Another full beverage liquor license has already been approved and is operating at Buffalo Wild Wings in the same development, (which also has a fenced-in outdoor seating area), and there are other such uses located in the same general area at Bridger Town 369 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 10 Center on the east side of North 19th Avenue. To staff’s knowledge, the City has not received any complaints from these uses. In regards to the proposed encroachment into the 25 foot wide public access easement, there is already a precedent for certain permitted encroachments into this same easement area from the buildings to both the north and south of this site. This includes an outdoor plaza/pedestrian connection from the Stockman Bank to the shared use path and a front awning/pilaster features off the Office Depot building. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The Stoneridge Square development was approved through a PUD and was approved with an overall parking and circulation plan. There are no changes to that plan proposed with this application. The parking calculation completed for the overall PUD was based upon the “inline” retail buildings as retail uses. Retail uses are required to provide one parking space per 300 square feet of area. Restaurant uses require one parking space per 50 square feet of serving area and once space per 100 square feet of outdoor seating area. A total of 655 parking spaces are provided within Stoneridge Square. 94 parking spaces were originally allotted to the two inline buildings based upon the retail parking requirements. Stoneridge Square includes a reciprocal parking and access easement over the entire PUD. This shared parking configuration should provide more than adequate parking for the restaurant since peak restaurant use when alcohol would be served is after 5:00 pm when many of the other Stoneridge Square PUD uses (large retail uses, etc) would be closed. Stoneridge Square includes excellent pedestrian connections across the entire PUD that will provide safe access to parking areas. 6. Pedestrian and vehicular ingress and egress Pedestrian ingress and egress will be provided to the site by sidewalks along the interior drive aisles and throughout the Stoneridge PUD. Vehicular access will be from the existing driveways and circulation within Stoneridge Square with connections to N. 19th Avenue and W. Oak Street. 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 additional landscaping is proposed. Some existing landscaping along the east side of the building will be removed where the proposed outdoor seating area is proposed. However, recommended condition #5 will require the replacement of this landscaping within the open space area in order for the site to remain in compliance with the original landscaping requirements for the Stoneridge Square development. 8. Open space There was an original open space requirement for the overall Stonerige Square Development as part of the PUD approval. The removal of approximately 250 square feet of open space for the fenced in outdoor seating area will not reduce the amount of provided open space below the original requirement for the Stoneridge PUD. 9. Building location and height The proposal does not include any modifications to the actual building height or building location. 370 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 11 10. Setbacks The applicant has requested a ten foot setback deviation to encroach into the required fifty foot Class I entryway corridor setback that parallels N. 19th Avenue. This request is required as the existing building was constructed adjacent to this setback line (which also coincides with the edge of the public access easement for the shared use path). Review of this setback deviation is further analyzed under the Deviation Section “18.30.080 “Deviation from Overlay or Underlying Zoning Requirements” below. The applicants are not proposing any other building modifications where other setbacks would be impacted. 11. Lighting Staff notes a code provision that requires that all site lighting conform to code requirements. 12. Provisions for utilities, including efficient public services and facilities The applicants are not proposing any utility modifications, therefore, no alterations are proposed that would impact utilities or other facilities. A standard condition for restaurant type uses that requires a grease interceptor has been included in the list of recommended conditions. 13. Site surface drainage It is likely that here will be some minor grade changes required as part of the outdoor seating area. The final fencing and site plan will review these changes to assure there will be no negative surface drainage impacts to the site or the existing shared use path. 14. Loading and unloading areas No changes to the site are proposed. 15. Grading Again, it is likely that there will be some minor grade changes required as part of the outdoor seating area. The final fencing and site plan will review these changes to assure there will be no negative impacts to the site or the existing shared use path. 16. Signage All new signage shall require a sign permit as noted in the code provision section. All signage must also conform to the Stoneridge Square comprehensive signage plan. 17. Screening Any additional rooftop, ground, and wall-mounted mechanical equipment will have to be screened. All dumpsters require a trash enclosure with the location subject to review and approval by the City Sanitation Division. 18. Overlay district provisions The subject property is located within the N. 19th Avenue Entryway Corridor Overlay District. The proposed outdoor seating and fencing is consistent with the overlay provisions with the conditions required by staff including the review and approval of the final fence design. The 371 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 12 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 Department of Planning and Community Department. Letters or comments 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 18.30.080 “Deviation from Overlay or Underlying Zoning Requirements” The applicant has requested a ten foot setback deviation to Section 18.30.060.1 which requires that “parking areas and buildings (which would include the fenced-in outdoor seating area) be setback at least 50 feet from any Class I entryway corridor roadway (i.e. North 19th Avenue) right-of-way”. In addition to the standards outlined in Chapter 18.30, the following requirements shall apply to all projects requesting deviations from the development standards. a. To accomplish the intent and purpose of this chapter it may be necessary to deviate from the strict application of the overlay or underlying zoning requirements. Deviations from the underlying zoning requirements may be granted by the City Commission after considering the recommendations of the Design Review Board or administrative design review staff. The small scale of this project did not trigger review by the Design Review Board under the terms of the BMC. Staff and the DRC support the proposed fence design, and will review the final fence design to assure compliance with the Design Objectives Plan, the architectural guidelines for the Stoneridge Square development and to assure the safety of the design as it relates to its proximity to the existing shared use path. There are other similar fenced-in outdoor seating areas along N. 19th Avenue in the same proximity (e.g. Bozeman Bar and Grill and Buffalo Wild Wings) and the requested deviation would allow a small outdoor seating area without disrupting or requiring the relocation of the existing shared use path. b. The application for deviation shall be subject to the submittal and procedural requirements of Chapters 18.34 and 18.78, BMC,. The application shall be accompanied by written and graphic material sufficient to illustrate the initial and final conditions that the modified standards will produce. The City Commission shall make a determination that the deviation will produce an environment, landscape quality and character superior 372 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 13 to that produced by the existing standards, and which will be consistent with the intent and purpose of this chapter, and with the adopted Design Objectives Plan for the particular entryway corridor. Upon such a finding, the City Commission may authorize deviations of up to 20 percent beyond or below minimum or maximum standards respectively, as established in the underlying zoning district regulations. If the City Commission does not find that the proposed modified standards create an environment, landscape quality and character superior to that produced by the existing standards, and which will be consistent with the intent and purpose of this chapter, and with the adopted Design Objectives Plan for the particular entryway corridor, no deviation shall be granted. The applicant’s has submitted the proposed fence design and a graphic portrayal of the proposed outdoor seating area in relation to the existing shared use path. The 10 foot setback deviation is exactly the maximum 20 percent deviation allowed by this section for the granting of a deviation (i.e. 50 feet x 20% = 10 feet allowed to be requested). Chapter 2 Section F.5 (Building Placement) of the Site Design Guidelines of the Design Objectives Plan states: “A building shall be positioned to fit within the general setback patters specified for the corridor. Exceptions to the setback requirement may be considered if an alternative street edge treatment meets the intent of mainintaing the street wall, if a pedestrian place of refuge is provided and is designed as a pedestrian friendly area, and/or if the site is constrained such that the standard setback is not feasible (underlining added). These exceptions will be considered on a case-by case basis.” In this case, the only encroachment into the 50 foot setback is a proposed 10 foot wide outdoor seating area which can be argued to add to the vitality of the streetscape along N. 19th and helps to add visual interest to this section of the corridor and this side of the existing building. While this outdoor seating area must be fenced to meet State liquor licensing requirements, it will also express a façade component that will help to establish a human scale as desired in the Design Objective Plan (Section 3.E.3.) and help establish street level interest as noted in the Design Objectives Plan. In addition, the approval of the “Shops at Stoneridge” (Project #Z-07060) included the condition that “plazas and outdoor seating areas shall be provided around the B-1 shops”. It can be argued that this outdoor seating area will accomplish this goal as well. BECAUSE THIS APPLICATION INCLUDES A REQUESTED DEVIATION, AND BECAUSE THE BOZEMAN CITY COMMISSION VOTED AFFIRMATIVELY TO ASSUME JURISDICTION OVER THIS DECISION, THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE CONCURRING VOTE OF FOUR MEMBERS OF THE COMMISSION IS NECESSARY TO EFFECT THIS DEVIATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66.080 OF THE BOZEMAN MUNICIPAL CODE. Attachments: Montana Department of Revenue Liquor License Application Notice Applicant’s Submittal Materials 373 #Z-10066 Baja Fresh CUP/COA/DEV Staff Report 14 Report Sent To: Thinktank Design Group, Inc. 33 N. Black, Bozeman, MT 59715 Fresh Concepts LLC, 14001 N. Coral Gables Dr., Phoenix, AZ 85023 Stoneridge Partners, LLC 855 Broad Street, Suite 300, Boise, ID 83702-7153 374 375 376 377 378 379 380 381 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: 11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet: 382 Page 2 (Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07) 13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14 13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue 14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15 14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor 15. Will this application require a deviation(s)? Yes, list UDO section(s): No 16. 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. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. 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. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 18.64.050, BMC). 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: 383 384 385 386 Page 3 (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 387 Page 4 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 388 Page 5 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. 389 Page 6 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 390 1 | Page Baja Fresh / Canyons Burger Company Conditional Use Permit Cabaret license application Full Beverage License use: beer / wine and alcohol without gaming proposed* Prepared for: Fresh Concepts, LLC. Tim Redelsperger 14001 N. Coral Cables Dr. Phoenix, AZ 85023 Project location: 1459 North 19th Ave. suites 2 & 3 Bozeman, Montana Lot 4 West elevation Prepared by: 391 2 | Page Introduction: The request presented in this application addresses the requirements for the consumption of alcohol at the restaurant located at the Stone Ridge PUD as shown in the attached images above and below. The proposed restaurant is a combination of two restaurant themes called Baja Fresh and Canyons Burger Company. The architecture provides a great opportunity for the two businesses located inside. This application intends to operate a full beverage license at this location. The two restaurants are under one ownership and share a common kitchen and related facilities. The review criteria for the on preemies consumption of alcohol are addressed on pages 16 to 19 of this application. Background information and an overview of the site plan information are provided as well. To further encourage an active streetscape along the public trail system and the adjoining entry way corridor, the applicant is requesting that an outdoor seating area is included in this application. The applicant requests that a financial grantee agreement be proposed for the related site improvements for the outdoor seating area due to the construction timing and desire to open the business as soon as possible. A setback deviation is request for the outdoor seat area. In addition to the setback deviation, the proposed patio would fall within a public access easement. This application therefore requests approval of a 10’ encroachment into the public access agreement. The type of license intended for this location is inclusive of any type of alcohol. The applicant does not intend to utilize the gaming portion of the state of Montana “all beverages with gaming endorsement”. The gaming license will placed at this location but will not be in public use. 392 3 | Page View of subject property along the 19th entryway corridor. LEGAL DESCRIPTION OF SHOPPING CENTER LOT 6A and 8A OF THE AMENDED PLAT OF LOTS 6 AND 8 STONERIDGE SQUARE SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA [PLAT J-446A]. LOT 4 OF THE STONERDIGE SQUARE SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA [PLAT J-446]. Image 1.1- Legal Description Application Request outline: - Conditional Use Permit for 1459 North 19th Suites 2 & 3 All Beverage – sales of Alcohol for on- premise consumption - Request the granting of a Deviation for a 10’ encroachment into a Class I entryway corridor setback of 50’ . encroachment is not greater than 20% per section 18.30.060 & 18.30.080 - Request a 10’ encroachment into a public access easement for the outdoor seating. Request needed in addition to the requested deviation. - Allow the outside patio improvements be financially guaranteed to allow occupancy as soon as possible. 393 4 | Page Shops at Stoneridge Building C SKP/ COA #Z-07060A Image 1.2- Prior UDO Review _ Final Site Plan Approval 394 5 | Page Image 1.3-Site plan Project description: This application has the opportunity to take an otherwise dark, unoccupied commercial building and bring light and activity to our western neighborhood located between North 19th and Oak Street. The Stone ridge Shopping Center has made recent investments to create the double facing façade, increasing the overall visual appeal. This application hopes to bring new business investment to this location, adding to the options for goods and services in this commercial district. This project concept is for a neighborhood restaurant providing a wide selection good food and beverages to this neighborhood commercial center. 395 6 | Page Proposed exterior modification -outside seating area We believe in taking advantage of this end unit to bring some of the architectural character that faces east and provide visual interest to the current trail system. To this end, the exterior improvements provide outside seating area. The seating area will require the granting of a deviation to the entryway corridor setback requirements. The requested deviation is 10’ into the required 50’ setback. Additionally, the requested outdoor seating requires an encroachment into a public access easement that exists along the east side of the building. Image 1.4- plat image – requested public access easement encroachment ( 10’) 396 7 | Page Image 1.5- interior seating plan – proposed outside seating area Image 1.6- exterior seating plan – proposed outside seating area plan 397 8 | Page Image 1.7– proposed outside seating area Image 1.8– proposed outside seating area fence 398 9 | Page Image 1.9– example of fence detail Landscape improvements The applicant intendeds to provide the outstanding landscape areas along the foundation perimeter and the required 8 shrubs. Any landscaped areas removed by the patio area will be replaced within the green space along the entryway corridor. 399 10 | Page Image 1.10- site plan diagram – This diagram depicts proposed landscape area and pedestrian connection from the public right of way. Image 1.11- PUD landscape plan 400 11 | Page Image 1.12- Parking exhibit P-1 Image 1.13- Parking site recap Parking requirements The overall number of parking spaces is approximately 652 parking spaces in addition to the provisions for accessible spaces. ADA requirements are provided along the west elevation of the proposed restaurant. Given the development pattern within this PUD, more than the sufficient amount of parking is available for this restaurant. Pad site #2 in the listed site recap image above was intended to be a restaurant. Given the fact the pad site is now a liquor store, a number of parking spaces are freed up for other proposed uses in the area. After meeting with ADR staff, the need to provide specific parking calculations was not required given the extent of parking in the area. 401 12 | Page Unmet code provisions from COA #Z-07060A This project intends to hold the property owner to the required conditions placed on the property that require equipment screening and proper landscaping along the foundation perimeter. It is our understanding that these outstanding items remaining for final completion of Plan file COA #Z-07060A will be completed by the time the public hearing with the board of adjustments/ city commission occurs for the review of this application. Please refer to the images below showing the unmet conditions and code provisions. Image 1.14- Missing conditions from plan file # COA #Z-07060A 402 13 | Page Review requirements The requirement to place an “on-premise consumption of alcohol” entails favorable review from the Board of Adjustments / City Commission of the city of Bozeman. This requires the granting of a conditional use permit for this address. The exterior modifications of the property require a Certificate of Appropriateness and a approval of the requested deviation received from the Board of Adjustments / City Commission of the city of Bozeman as recommend by the Administrative Design Review staff. The extent of the exterior modifications are limited to the creation of a outside seating area with fence. Additional review of construction documents for any interior remodel or modifications for the new use of the space will be made outside of this application by the building department with Administrative Design Review by planning staff. Signage We would like to propose the signage for this project be handled during the construction document review by the building department and the Administrative Design Review by planning staff. The location of signage is known and we can provide some overall size allowable for the two signage locations we propose. The signage ideas are not completely developed at the time of this application. We hope that the outlined steps to open a business in this established commercial area gives the reviewer some understanding of the time it takes to go from start to finish. We expect that the signage is thoughtful and well suited for the location. We understand the entryway guidelines that provide direction in the type and quality of any proposed signage. The subject property is also subject to a comprehensive signage plan for the development. [Per 18.52.090.B wall signs] The max total area is calculated by 1.0 times the lineal frontage in a Multitenant complex with more than 100,000 square feet of tenable space on the ground floor. The frontage for the subject properly is 66’ -8” along the east side fronting 19th, and the same distance along the west side of the property. The potential area for signage would be 66.5 square feet. We are proposing at total of 66.5 square feet. That equates to 100% of the allowable area. Any proposed signage will be in keeping with the signage plan. No deviation from signage is requested in this application. 403 14 | Page Image 1.15- comprehensive signage plan – see attached Reviewer of this application should take comfort in the extensive level of review any proposed signage would be subject to under the adopted Design Objectives Plan provided in detail under Chapter 4 : Signs Design Guidelines and the experience of the Administrative Design Review staff. The sign will be integrated into the architecture. The sign type will be consistent with the shopping center to the west. The property already has separated electrical circuit for any signage to the west. As part of the screening/ entry 404 15 | Page way design, additional signage to the south will be proposed at the time of construction documents. The size, shape, material type and lighting are all included in the criteria for signage. We are not seeking any deviations from the signage requirements of the UDO or any other adopted guideline as it relates to signage. The future signage will not contain any use of the word “casino”. Water/Sewer We expect the typical conditions for grease interceptors and back flow measures to ensure a well functioning water/waste water system for the entire community. To this end we are proposing that a gravity grease interceptor be connected to the floor drain in the kitchen area, along with any sinks used in cleaning dishes and utensils. The utility sink for mopping the floors within the space will also be connected to a gravity grease interceptor. Given the size and type of food service, the necessity for a gravity grease interceptor connected to the waste line below grade is included. Image 1.16- Fire service line – 4” fire service line provided to the building 405 16 | Page Specific code references 18.18.020 Authorized Uses Table 18-1 Sales of Alcohol for on-premise consumption is a conditional use for all zoning types. This is the reason for the application before you. We want to consume alcohol on-premises at the proposed restaurant at the subject property. The primary business is restaurant services and the consumption of Alcohol. Additional allowable uses could include gaming, but is not requested by the applicant. The proposed establishment will not be advertised or have signage with the word “casino”. Restaurants are a permitted use and have been approved within the overall shopping center. The area is well suited for the proposed use. We have a liquor store as a neighbor. The proposed use is the on-premise consumption of alcohol as described in table 18-1 UDO. The common name for the use sought in this application is a neighborhood bar and restaurant. 18.30 Entryway Corridor Overlay District This proposal does fall within the entry way corridor. The history of this property includes a Certificate of Appropriateness (Plan file # COA #Z-07060A) –. Because of the proposed exterior modifications to include a new outdoor seating area, this application does trigger the requirements set forth in Chapter 30- Entryway Corridors. The entryway classification type is Type I. 406 17 | Page Image 1.17 - exhibit E- vicinity map and zoning map overlay 18.30.050 Certificate of Appropriateness The exterior modifications of the property require a Certificate of Appropriateness and a approval of the requested deviation received from the Board of Adjustments / City Commission of the city of Bozeman as recommend by the Administrative Design Review 407 18 | Page staff. The extent of the exterior modifications are limited to the creation of a outside seating area with fence. 18.30.060 Design Criteria and Development Standards This proposal complies with the Design Objective Plan for entryway corridors. The ways this application is in compliance in the following ways: 1. The corridor specific standards call for a greater connection of the pedestrian see image 1.3 2. The corridor specific standards encourage the use of building mounted signs see images 1.11 3. Provides convenient pedestrian and bikeway connections see image 1.4 4. Provides direct automobile access within the property. see image 1.6 18.34.010 A. This application is subject to site plan review because of Conditional Use Permit request. 18.34.020 Classification of Site Plan. : Site Plan 18.34.030 Special Development Proposals – Application Requirements, Review Procedures and review criteria. 18.34.030. A.1 This application is proposed in a previously reviewed location. The requirements of Chapter 78 additional submittal materials have been provided and reviewed by planning staff in planning document COA #Z-07060A. This location has all necessary approvals listed in Chapter 18.02 General Provisions above. 18.34.040 Review authority 18.34.040.A. The City Commission, Board of Adjustments and the Planning director have the review authority of this application. ( 18.64.010 BMC) 18.34.040.B. Development Review Committee and Administrative Design Review. Due to the nature of this application, we request the typical three week review process with the DRC be limited to one week review. 408 19 | Page 18.34.090 Site Plan review Criteria 18.34.090.A.1- Conformance to and consistency with the City’s adopted growth policy – This application is in conformance and is consistent with the City’s Adopted growth Policy. The spirit of the Regional Commercial District will be promoted by the proposed beer / wine and good food at subject property. By allowing this beer wine Conditional Use Permit, this proposal seeks to provide a neighborhood resource to an area that would otherwise not be served by the convent location of this bar. Unlike other areas that have a high concentration of bars grouped together, we do not foresee the same type of behavior as with other areas of town. We have reviewed the growth policy and find it consistent with a number of goals and uses as the subject property related to the growth policy map. 18.34.090.A.2 – Conformance to this title, including the cessation of any current violations- Because of all prior reviews at this location and conformance with all required conditions of approval within the applications made to date, we are fully compliant with the conformance of the UDO. This application seeks the appropriateness of an all beverage license from the state of Montana in conjunction with the proposed restaurant. Previously un met code provisions from plan file # COA #Z-07060A are expected to be completed by the time of the public hearing for this application. The specific un met conditions and code provisions relate to landscaping standards and mechanical screening. 18.34.090.A.3 –Conformance with all other applicable laws, ordinances and regulations- This application is in conformance with all other applicable laws, ordinances and regulations as determined in COA #Z-07060A. Please refer to the project description for water / sewer conformance for the general public safety concerns for the restaurant portion of the application. 18.34.090.A.4a-d, 18.34.090.a.5 thru 20. Reviewed under plan file COA #Z-07060A. 409 20 | Page Conditional Use Permit Application The majority of the information provided above address the standards for site plan review. The remainder of this application addresses the review criteria for the Conditional Use Permit for on premise consumption as required by table 18-1 within the commercial zoning regulations of chapter 18 UDO. We believe that this application is complete and up to the standards set forth for the community of Bozeman. We look forward to having the opportunity to invest and promote the vitality of our commercial district servicing the western neighborhoods that are adjacent to this proposal. The focus for review of this Conditional Use Permit should be based on the following review criteria. The specific language from the UDO is repeated in this application so the reviewer can reference the review standards with our responses top each review criteria. 18.34.100 Board of Adjustments Consideration and Record for Conditional Use Permits or / City of Commission We are seeking approval of a Conditional Use Permit from the Board of Adjustment /City Commission by favorably determining the flowing considerations below. 18.34.100.B.1 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 uses in the vicinity; Response: The site at the Stone Ridge Shopping Center is 13.8 acres ( 589,325 Square feet) . Clearly, the site is adequate in size and topography for the intended conditional use. Within the property boundary approximately 652 parking spaces exist to accommodate the intended use. The subject property is at least 100 feet from any property boundary. 18.34.100.B.2 That the proposed use will have no material adverse effect upon abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Response: Given the location and great distances from any adjoining property, the intent to serve all beverages and provide restaurant services, we cannot foresee of any material adverse effect upon any abutting property. This application will add to the convenient choices to adjoining properties alcoholic beverages, food and entertainment. This location is currently vacant and will add value by adding business activity. As a community, we promote the idea of small scale community bar that allow convenient, walkable places for adults to enjoy the camaraderie of neighbors drinking together. 18.34.100.B.3 That any additional conditions stated in the approval is deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to items a thru m below: 410 21 | Page a. Regulation of use: Response: The proposal is within the Neighborhood Commercial District (B-1). On-premise consumption of alcohol is a conditional use within this district. No additional conditions to limit the use at this location are necessary to protect the public health, safety and general welfare. The requested regulation of use should coincide with the licensing requirements as allowed by state. The proposed use at this location does include outside seating, outside speakers. Unlike other applications reviewed by the board of adjustments, this property has a considerable property area to insulate any activity from the adjoining properties. The subject property is 13.8 acres in size. b. Special yards and buffers: Response: This property has a number of trees located within the property boundary. The building is set back from any property line and has abundant parking spaces as shown in the site plan and photos attached to this application. Requiring additional conditions for any additional special yards and buffers would be inconsistent with the Neighborhood Commercial District and the recent review of the property. The surrounding residential and commercial development occurred because of the goods and services provided at the subject property. The subject property does have a good connection to pedestrian movements that are safe for the people and the vehicle movements on the property. c. Special fences: Response: This proposal does have exterior seating that requires special fencing. Surfacing of parking areas: Response: All onsite parking provided is surfaced and in good condition. No additional requirements should be added to this project Required streets: Response: Not applicable. The subject property has frontage on three of the four sides of the 13.8 acre property. d. Regulation of points of vehicular ingress and egress: Response: previously reviewed PUD. Not applicable. Regulation of Signs: Response: The existing signage fits within the requirements set forth in the City of Bozeman Sign Ordinances regulating signage for businesses within the Neighborhood Commercial district. Required maintenance of Grounds: Response: You will find an abundance of colorful plantings that exceed any standard within the UDO. Maintenance of the grounds is vital to the success of this business and is not necessary to require something that is already taking place by example. e. Regulation of noise, vibrations and odors: Response: This restaurant has up-to-date commercial equipment. There are not prior complaints from any adjoining property with issues concerning the noise, 411 22 | Page vibrations and odors from is address. The introduction of on-premises consumption of alcohol will not add to any of these types of disturbances. f. Regulation of hours of certain activities: Response: given the location of this restaurant, additional conditions on hours of operation are not appropriate to protect the public health, safety and general welfare. Please refer to exhibit E- vicinity map and zoning map overlay. You will find that residential adjacency is not a concern for this proposal. g. Time period within which the proposed use shall be developed: Response: NA h. Duration of use: Response: given the location of this bar/restaurant, additional conditions on hours of operation are not appropriate to protect the public health, safety and general welfare. Please refer to exhibit E- vicinity map and zoning map overlay. You will find that residential adjacency is not a concern for this proposal. i. Required dedication of access rights: Response: All required access is provided. j. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Response: Please review the information provided. Conclusion: After reviewing the entire UDO and related ordinances, planning documents, and existing conditions, we find the review of this Conditional Use Application to be in keeping with the values and requirements of the community. Please provide favorable review of this application. 412