HomeMy WebLinkAboutApprove Bridger Brewing Main Street Pub Conditional Use Permit Extension.pdf Commission Memorandum
REPORT TO: Honorable Mayor Krauss and City Commission
FROM: Courtney Kramer, Historic Preservation Officer
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: Request for an extension of preliminary site plan and Conditional Use
Permit for Bridger Brewing at 241 East Main Street (#Z10042).
MEETING DATE: October 25, 2010
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: That the City Commission approve a six month extension, to April
25, 2011, of approval for the Bridger Brewing preliminary site plan and Conditional Use Permit,
approved by the City Commission on April 19, 2010.
BACKGROUND: On April 19, 2010 the Bozeman City Commission approved the McGee
Bridger Brewing preliminary site plan and Conditional Use Permit. Preliminary site plans are
valid for six months after approval; a time during which applicants are expected to submit a final
site plan application to the Department of Planning and Community Development. The applicant
submitted a request via email to extend the preliminary approval period while they continue to
develop the project. As the original approval was a Commission action, the Commission must
approve the extension of the approval.
UNRESOLVED ISSUES: None.
ALTERNATIVES: The Commission could deny the request for extension of the preliminary
site plan approval.
FISCAL EFFECTS: The project, once constructed, will increase the taxable value of the
property and increase the City of Bozeman’s revenue from the property.
Attachments: C. Kramer’s April 20, 2010 letter to the applicant informing them of the City
Commission’s approval of their project.
Applicant’s email requesting extension of the preliminary approval
Report compiled on: October 15, 2010
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planning · zoning · subdivision review · annexation · historic preservation · housing · grant administration · neighborhood
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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
April 20, 2010
David Breck
P.O. Box 3155
Bozeman, MT 59772
David Sigler
Spanish Peaks Engineering & Consulting, LLC
PO Box 114
Bozeman, MT 59771
Artcraft Printers, Inc./ Helori Graff, President
6673 South 3rd Road
Bozeman, Montana 59715
Re: Bridger Brewing Main Street Pub CUP #Z-10042
Dear Mr. Breck,
At its April 19, 2010 public hearing, the Bozeman City Commission voted 5-0 to conditionally approve
your Conditional Use Permit application to place a Montana Brewer’s license at 241 East Main Street.
This approval is for a restaurant on the site, on-site production and consumption of alcoholic beverages
and well as retail sales for off-site The proposal was evaluated against the review criteria and
requirements of the City of Bozeman Unified Development Ordinance and the adopted growth policy.
The conditions of approval and code requirements are as follows:
Conditions:
Planning:
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.
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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 calculation of one space per two employees
on maximum shift.
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.
11. A Pretreatment Program Sanitary Sewer Survey shall be completed by the Applicant and
submitted to the Engineering Department prior to FSP approval.
Code Requirements:
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
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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.
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.
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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.
To receive final approval, as indicated in Code Requirement c above, you must submit a final site plan
application and the attached document entitled “Conditions of Approval for a Conditional Use Permit”
which will address Code Requirement b above. This document must be signed, notarized and filed at
the Gallatin County Clerk and Recorders Office to satisfy Code Requirement b above. You’ll need to
submit a receipt from the Clerk and Recorders Office to our office to illustrate that this document has
been filed.
If you have any questions, please feel free to contact me by phone or at ckramer@bozeman.net.
Congratulations on the project approval!
Sincerely,
Courtney Kramer
Assistant Planner for Historic Preservation
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file:////laserfiche/.../2010/10-25-10%20E-packet/Z10042%20Bridger%20Brewing%20Prelim%20Site%20Plan%20Extension%20Request.txt[10/15/2010 1:35:54 PM]
From: David Breck [dbreck@bresnan.net]
Sent: Thursday, October 14, 2010 11:18 AMTo: Courtney Kramer
Cc: David M. SiglerSubject: Bridger Brewing Co.
Hi Courtney,
The purpose of this email is to request an extension to the preliminary site plan for Bridger Brewing Company for the building located at 241 East Main
Street in downtown Bozeman. Please call if you have any questions or concerns.
Thank you,
Dave BreckBridger Brewing
406-539-4345
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