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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
SUBJECT: South Towne Square Outdoor Seating/On Premise Consumption of
Alcohol Conditional Use Permit #Z-11102
MEETING DATE: July 11, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: City Commission approval of the Conditional Use Permit Application
for the South Towne Square Outdoor Seating/On Premise Consumption of Alcohol Conditional
Use Permit #Z-11102 with the conditions and code provisions and findings within the staff
report.
RECOMMENDED MOTION: “Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for Z-11102 and move to approve Conditional Use
Permit application Z-11102 to construct outdoor restaurant seating areas with on premise
alcohol consumption, hereby incorporating by reference the findings included in the staff
report with conditions and subject to all applicable code provisions”
BACKGROUND: Property owner Kailo Design and Development, LLC, represented by
Allied Engineering, submitted a Conditional Use Permit for the establishment of new outdoor
seating and the expansion of on-premise consumption of alcohol in these seating areas at 2000
South 3rd Avenue known as South Towne Square. The City Commission was the original
approval authority for the site plan application in 2007 that entitled the development. The City
Commission reclaimed authority for this application from the Board of Adjustment on June 13,
2011.
The Board of Adjustment has approved three Conditional Use Permits for on-premise
consumption of alcohol to tenants at South Towne Square: Sola Café, Lemongrass Thai
Restaurant, and Sushi Seven. These three Conditional Use Permits were issued for individual
restaurant serving spaces inside of the buildings. This application includes the expansion of
those permitted serving areas to new outdoor seating areas that will be within the common
elements of the development.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
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1) Approval of the Conditional Use Permit with no conditions.
2) Approval of the Conditional Use Permit with the recommended conditions
as amended by staff.
3) Denial of the application.
4) As determined by the Commission.
FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Staff Report, Applicant’s submittal materials, Updated seating exhibit for Sola Café,
Public Comment, June 5, 2009 Staff Letter to Applicant
Report compiled on: June 30, 2011
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City Commission Staff Report for the South
Towne Square Outdoor Seating/On Premise
Consumption of Alcohol CUP File #Z-11102
Item: A Conditional Use Permit Application to allow new outdoor restaurant seating with on premise
alcohol consumption at 290, 280 and 270 West Kagy Boulevard, commonly known as South Towne
Square, Bozeman, Montana.
Owner/Applicant: Kailo Design and Development, LLC
3805 Valley Commons Drive
Bozeman, MT 59718
Representative: Allied Engineering Services, Inc.
32 Discovery Drive
Bozeman, MT 59718
Date: City Commission Meeting July 11, 2011 at 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Brian Krueger, Associate Planner
Through: Tim McHarg, Planning Director
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The subject property is generally located at 2000 S. 3rd Avenue and is legally described as Lot 3, Block
4 of Thompson’s Addition #3 Subdivision, SW ¼ Sec. 18 Township 2S, Range 6E, PMM, City of
Bozeman, Gallatin County, Montana. The specific buildings that are proposed to include outdoor
seating are addressed as 290, 280, and 270 West Kagy. The property is zoned B-1 (Neighborhood
Business District). Please see the following vicinity map on page 2.
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Proposal
The proposal includes the construction of three new outdoor seating areas adjacent to existing
commercial buildings within the South Towne Square development. The proposed outdoor seating areas
are 821, 625, and 500 square feet in size. The outdoor seating areas would become outdoor seating for
three restaurant uses on site: Sola Café, Lemongrass Thai, and Seven Sushi. Each of these restaurant
uses has been issued a conditional use permit to permit the on-premise consumption of alcohol (beer and
wine) for the interior tenant spaces that their individual restaurants occupy. This conditional use permit
would enable the outdoor on-premise consumption of alcohol within the new outdoor seating areas. A
conditional use permit is required for any on premise consumption of alcohol in the B-1 zoning district.
The South Towne Square site development was approved by the City Commission in 2007. The
entitlement includes five buildings, 103 parking spaces, common spaces, and site improvements. To
date three buildings have been constructed along W. Kagy Boulevard (Buildings 1-3) and one
foundation has been constructed along South 3rd. Avenue (Building 4). Building 5 located to the interior
of the lot has not been constructed.
The Sola Café has been using outdoor seating approved on site via a Special Temporary Use Permit
(STUP) issued by the Planning Director for restaurant service, but not for the serving of alcohol. The
proposed location of the new outdoor seating for Sola Café is not proposed in the locations currently
being used under the STUP.
On June 22, 2011 the DRC recommended conditional approval of this CUP application and their
recommended conditions, code citations and comments are included in this report.
Recommended Conditions of Approval
Based on the subsequent analysis, the DRC and Staff find that the application, with conditions and code
provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified
Development Ordinance. The following conditions of approval are recommended. Please note that these
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conditions are in addition to the required code provisions beginning on page 6 of this report.
Planning Department Recommended Conditions:
1. A revised fencing detail shall be provided for all seating areas that includes a continuous top rail a
minimum of 36” in height. The barrier should be highly visible and entirely enclose the seating areas to
the building façades. If gates are proposed, panic hardware acceptable to the Fire and Building
Departments shall be provided for egress.
2. The long term lease agreement for off-site parking shall be revised to include a provision that requires
that the lessor or lessee to notify the City if the agreement is defaulted on or nullified by either party.
3. The hours of operation for the outdoor seating areas are limited to 11 p.m. seven days a week.
4. There shall be no outdoor speakers, music or outdoor entertainment provided as part of the outdoor
seating on premise consumption of alcohol use. Outdoor entertainment may be allowed through a
Special Temporary Use Permit issued by the Planning Department for temporary special events.
5. A copy of the amended State Revenue Department liquor licenses for all establishments shall be
submitted to the Department of Planning & Community Development prior to the sale of alcoholic
beverages within outdoor seating areas.
6. The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections
18.34.100.F and 18.64.160 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.
Any expansion of this use or facilities is not permitted unless reviewed and approved as required under
the applicable regulations of the Bozeman Municipal Code.
7. That the applicant upon submitting the Final Plan for approval by the Planning Director and prior to
issuance of a building permit or service of alcohol, will also submit a written narrative outlining how
each of the conditions of approval and code provisions have been satisfied.
Conclusion/Recommendation
The DRC and Staff have reviewed the South Towne Square Outdoor Seating/On Premise Consumption
of Alcohol Conditional Use Permit and recommends to the City Commission approval of said
application with the conditions and code provisions outlined in this Staff Report. Staff has identified
various code provisions that are currently not met by this application. Some or all of these items are
listed in the findings of this Staff Report. The applicant must comply with all provisions of the
Bozeman Unified Development Ordinance, which are applicable to this project, prior to receiving Final
Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of
the lawful requirements of the Bozeman Municipal Code or State law.
Zoning Designation & Land Uses
The 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 land uses. Development scale and pedestrian orientation are
important elements of this district.
The following land uses and zoning are adjacent to the subject property (the overall South Towne
Square property):
North: Commercial use, zoned “B-1” (Neighborhood Business District)
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South: Residential use, zoned “R-1” (Residential Single Household Low Density District)
East: Residential use, zoned “R-1”
West: Vacant, unannexed County land
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 18.34.1110 “Board of Adjustment Consideration and Findings for Conditional Use
Permits”
In addition to the review criteria below, the City Commission shall, in approving a conditional use
permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use,
and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly
relate such use with the land and uses in the vicinity.
South Towne Square is an existing successful neighborhood business node. The site is functioning
without significant complaints and staff has not identified any public health and safety issues related to
the addition of outdoor seating on site. With the addition of formal off-site parking the project will
continue to be in compliance with the parking requirements for this proposal and the existing uses on
site. The site is in general conformance with the site plan approved in 2007 by the City Commission.
Conditions are proposed for the application that will help control any noise that may be generated from
the outdoor seating areas and expanded on premise alcohol consumption. The three existing Conditional
Use Permits for on premise alcohol consumption are in conformance with their conditions of approval
and staff is not aware of any complaints that have been received by the City in relation to alcohol
consumption at South Towne Square.
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The one additional note that Planning Staff would like to make is in relation to the overall build out of
the South Towne Square development. This development was planned and approved for retail uses on
the ground floor and office uses on the second floor for all buildings except for a small coffee use with
drive through located at the location of this request. Since the initial approval of the project, the
development has attracted allowed B-1 uses with a higher parking demand than the retail and office uses
originally anticipated on site. As such, Planning Staff has advised the developer that their entitlement to
construct a fifth building on site may be jeopardized if this trend continues and no parking solution that
conforms to UDO requirements can be found. In particular, we can envision a scenario when all (or
most) of the available on-site parking is allocated to uses in Buildings 1-4, leaving little or no
opportunity construct a fifth building on site.
Allowed reductions in parking for projects within the neighborhood commercial growth policy
designation have increased since the project approval in 2007, but staff has reservations as to whether
the project, at full build out, can functionally support continued higher intensity uses. At the time of
building permit approval to construct building #5, staff has advised the developer that we will need to
see a detailed parking analysis for all existing uses at South Towne Square, reflecting the parking
requirements in place at that time, to confirm that the amount of parking spaces provided on site is
adequate to support this final building (or a smaller version of it). This issue is summarized in the June
5, 2009 letter from staff to the developer attached to this report.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof.
As of the writing of this report, two public comments have been received in response to the noticing of
this project. Staff received concerns regarding the potential impacts of noise that might be generated by
the outdoor seating use with alcohol consumption. Staff has recommended two conditions of approval
in regards to these concerns: first to restrict the hours of operation of the outdoor seating to 11pm seven
days a week, and second to restrict outdoor entertainment and music within the seating areas. The other
generalized concerns of noise, light, sanitation, and access are existing conditions on site not directly
related to the on premise consumption of alcohol within outdoor seating areas requested with this
application. These concerns have been forwarded to the applicant who is working towards a resolution
of the issues. See additional staff comments regarding these concerns in number 19 of the site plan
criteria later in this report. The Commission could consider additional conditions regarding these issues
if they find that there is a material adverse effect upon abutting properties.
The Planning and Community Development Office has not received any comments or complaints
following the issuance of a beer and wine license for the Sola Café and Lemongrass Thai, and Seven
Sushi which may indicate that the addition of beer and wine sales in this location is not impacting
abutting properties.
Following review of the proposed application with the inclusion of the recommended conditions, staff
finds that the proposed use will have no material adverse effect upon abutting properties unless evidence
presented at the public hearing proves otherwise.
3. That any additional conditions stated in the approval are deemed necessary to protect the
public health, safety and general welfare. Such conditions may include, but are not limited to:
regulation of use; special yards, spaces and buffers; special fences, solid fences and walls;
surfacing of parking areas; requiring street, service road or alley dedications and improvements
or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs;
requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of
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hours for certain activities; time period within which the proposed use shall be developed;
duration of use; requiring the dedication of access rights; other such conditions as will make
possible the development of the City in an orderly and efficient manner.
Staff has identified, through the review process, recommended project conditions that are included to
protect the public health, safety, and general welfare. Please see the recommended conditions of
approval and findings within this report.
Section 18.34 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, DRC, and when appropriate, the ADR Staff, the DRB or WRB shall consider the
following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman Community Plan including the
Community Commercial Mixed Use land use designation. The outdoor seating areas will add vitality to
this existing mixed use development that is a focal point on the South side of Bozeman. Based upon the
review of this specific site and context, the proposed uses and buildings are in conformance with the
Community Commercial Mixed Use land use classification.
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 18.34.100.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.
b. Section 18.34.100.F. Termination/ Revocation of Conditional Use Permit approval:
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:
-After having been commenced, the approved use is not actively conducted on the site for a period of
two continuous calendar years;
-Final zoning approval to reuse the property for another principal or conditional use is granted;
-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.
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
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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.
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.
c. Section 18.34.130 requires the applicant to submit seven (7) copies a Final Plan within 6 months of
preliminary approval containing all of the conditions, corrections and modifications to be reviewed and
approved by the Planning Office.
d. Section 18.34.130 requires that the final site plan shall contain the materials required in 18.78.080 and
18.78.090. Specifically the final site plan shall show all utilities and utility rights-of-way or
easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services; (4) Water;
and (5) Sewer (sanitary, treated effluent and storm).
e. Section 18.34.140 states that a Building Permit may be obtained for the work following plan approval,
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.
f. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment shall be
incorporated into the roof form or screened in an enclosure and ground mounted equipment shall be
screened with walls, fencing or plant materials. The final site plan shall contain a notation that “No
ground mounted mechanical equipment, including, but not limited to air exchange/conditioning units,
HVAC equipment, or meters shall encroach into the required yard setbacks and will be properly
screened with an opaque solid wall and/or adequate landscape features. All rooftop mechanical
equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.”
g. Section 18.48.050.C, 18.48.050.E, 18.48.060 and 18.78.100.C state that the final landscape plan must
meet all of the minimum landscape standards, fulfill the necessary points and be signed and certified by
a landscape professional. 23 performance points are required for residential adjacency.
h. Section 18.48.050.C.2.A requires that parking lots must be screened from the public street. The
screening required shall not be less than 4 feet in width and shall be maintained at a height of 4 to 6 feet
except as otherwise restricted by fence and hedge height limits within required front yards and street
vision triangles.
i. Section 18.64.110 states that no permit or license shall be issued unless the use, arrangement and
construction has been set forth in such approved plans and applications.
j. Section 18.74.030.A requires that the applicant shall provide certification by the architect, landscape
architect, engineer or other applicable professional that all improvements, including but not limited to,
landscaping, ADA accessibility requirements, private infrastructure and other required elements were
installed in accordance with the approved plans and specifications.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final Site Plan will be reviewed to ensure compliance with this section. The plans will be further
evaluated against the requirements of the International Building Code at the time application is made for
a Building Permit if required.
4. Relationship of site plan elements to conditions both on and off the property
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Existing- The subject property is developed with three of the five mixed use commercial buildings
entitled for the site. The buildings constructed to date are located along the West Kagy Boulevards
street frontage. Site access and parking exists for the entire development as well as pedestrian sidewalks
on the interior and exterior of the site. The primary entrances to the site are from South 3rd Avenue and
W. Kagy Boulevard. No on street parking exists along the project public street frontages. A Streamline
transit stop is located within the development along W. Kagy Boulevard. A residential neighborhood
zoned R-1, Residential Single Household Low Density, is located to the south and east of the project
site. The Figgins Creek watercourse, riparian, and trail corridor are located between the residential
neighborhood and the development on the project site.
Proposed- The proposal includes the addition of three onsite outdoor seating areas to complement
existing restaurant uses. The seating areas are proposed in yard and landscape areas, but outside of
required setbacks. No changes to the site are proposed other than the seating areas. The seating area for
Sola Café is proposed along the South 3rd Avenue frontage to the site due west of Building 1. A seating
area for Lemongrass Thai restaurant is proposed between Buildings 1 and 2 and a seating area for Seven
Sushi is proposed between Buildings 2 and 3. Each seating area is proposed to be enclosed with a
fence/railing that is 3 feet in height. Each business will have a direct access door from their restaurant
space interior to the buildings to their outdoor seating area. These outside access doors are not shared
with other tenants within South Towne Square and will not impact access to other tenant spaces. On-
premise consumption of alcohol is proposed for the outdoor seating areas. The three restaurants that
will utilize the outdoor seating areas have been granted Conditional Use Permits by the City for on
premise consumption of alcohol within the interior seating areas of their respective restaurants.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
The original site plan approval for South Towne Square was for core and shell buildings with the actual
future tenants to be determined. The original parking requirement was based upon retail as the primary
use on the ground floor and office on the second floor. At the time of original approval the applicant
utilized parking reductions allowed in the code for neighborhood uses, for proximity to a transit stop,
and for landscaping in lieu of parking. Over time, staff has approved tenant improvement building
permits for various different uses including, but not limited to, retail and office uses as tenants have
applied to establish businesses at South Town Square. Staff and the developer of South Town Square
have been tracking the new uses for compliance with B-1 allowed uses, but also for parking demand.
The uses today vary on site from restaurant, personal and convenience services to office, medical office,
retail, and health and exercise establishments. As shown in the application the parking demand for these
uses today is within the parking requirement for the site without the construction of Building 4 and
Building 5.
The proposed outdoor seating areas will add parking demand to the site and will require parking spaces
at the code standard of 1 space per 100 square feet minus an allowable reduction of 50% for restaurant
uses in a neighborhood commercial area per 18.46.040.B.3a BMC. To accommodate additional parking
for South Towne Square the applicant proposes 40 spaces of off-site parking with a long term parking
agreement with a community center down the street on South 3rd Avenue. The proposed off street
parking area is connected to the South Towne Square by a sidewalk installed by the developer. Code
section 18.46.060 outlines the requirements for off-site parking. Staff finds that in general the proposed
off-site parking satisfies code requirement with a minor adjustment to the existing long term lease to add
language regarding revocability.
The one additional note that Planning Staff would like to make is in relation to the overall build out of
the South Towne Square development. As stated above the development was planned and approved for
retail uses on the ground floor and office uses on the second floor for all buildings except for a small
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coffee use with drive through located at the location of this request. Since the initial approval of the
project, the development has attracted allowed B-1 uses with a higher parking demand than the retail
and office uses originally anticipated on site. As such, Planning Staff has advised the developer that their
entitlement to construct a fifth building on site may be jeopardized if this trend continues. In particular,
we can envision a scenario when all (or most) of the available on-site parking is allocated to uses in
Buildings 1-4, leaving little or no opportunity construct a fifth building on site.
Allowed reductions in parking for projects within the neighborhood commercial growth policy
designation have increased since the project approval in 2007 and other parking modifications in the
code have reduced parking requirements, but staff has reservations as to whether the project, at full build
out, can functionally support continued higher intensity uses. At the time of building permit approval to
construct building #5, staff has advised the developer that we will need to see a detailed parking analysis
for all existing uses at South Towne Square, reflecting the parking requirements in place at that time, to
confirm that the amount of parking spaces provided on site is adequate to support this final building (or
a smaller version of it). See the June 5, 2009 letter from staff to the developer included at the end of this
report.
6. Pedestrian and vehicular ingress and egress
Vehicular access to the site will not be modified. Pedestrian ingress and egress is proposed to remain
unchanged. The site is considered a conforming site plan under the original building approval. The
pedestrian access to the off-site parking area is continuous and reasonable to the extent envisioned in
Section 18.46.060 BMC.
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
The landscape design is required to meet the standard of 23 points. With the addition of seating areas
within existing landscape areas staff notes a code provision that requires that a final landscaping plan be
submitted that demonstrates how the plan meets code requirement including the 23 performance points
required for a project adjacent to a residential area. Staff also notes in the code provisions that the
required parking lot landscape screening is deficient and will have to be address on the final site plan.
The final landscape plan will be reviewed during final site plan review for conformance with the
requirements of Chapter 18.48 BMC.
8. Open space
As a commercial project, there is no open space or parkland dedication components required of this
project. However, the landscaped setback areas and landscaped stormwater retention/detention
facilities, Figgins Creek watercourse, and plaza areas provide relief in the hardscape and allow open
areas for light and air circulation.
9. Building location and height
No physical alterations are proposed for the existing buildings. The location and building heights will
remain unchanged.
10. Setbacks
Seating area 1 for Sola Café is the only seating area that is near a setback area. The yard setbacks in the
B-1 district adjacent to South 3rd Avenue are seven feet for structures, twenty five feet for parking and
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circulation areas. This is considered a front yard. The proposed patio and 3’ high railing to enclose the
seating area is located four feet from the property line. Fences up to four feet in height are allowed to
encroach into a front yard setback up to the property line and patios are allowed to encroach into front
yard setbacks up to 5 feet. The seating areas 2 and 3 are outside of yard setback areas. The proposed
seating areas comply with all yard requirements. All setbacks are in conformance on the proposed site
plan.
11. Lighting
No changes to lighting are proposed as part of this application.
12. Provisions for utilities, including efficient public services and facilities
No changes to the sewer and water connections or private utilities are proposed.
13. Site surface drainage
No changes to the site surface drainage are proposed.
14. Loading and unloading areas
No alterations are proposed that would impact loading and unloading areas.
15. Grading
No new grading is anticipated on site.
16. Signage
No signage is requested as part of this application.
17. Screening
There is one roof top mechanical unit (RTU) that was installed and not screened on Building 2. Staff
also notes a code provision that requires that the final site plan shall contain a notation that “No ground
mounted mechanical equipment, including, but not limited to utilities, air exchange conditioning units,
transformers, and meters shall encroach into the required yard setbacks and will be properly screened
with an opaque solid wall and adequate landscape features. All rooftop mechanical equipment shall be
incorporated into the roof form or screened in an approved rooftop enclosure.”
Staff also notes a code provision that parking lot screening, for the parking along South 3rd Avenue,
needs to be satisfied with the final landscape plan. The final landscape plan submitted with the final site
plan shall reflect the screening for the parking and circulation areas as required.
18. Overlay district provisions
N/A as the subject property is not located within an overlay district.
19. Other related matters, including relevant comment from affected parties
Two public comments have been received on this application to date:
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The first comment requested a restriction on the outdoor seating area hours of operation to 11 p.m. in
order to reduce potential noise impacts from the seating areas to the adjacent residential neighborhood.
Staff has proposed a condition of approval that would place a limit on the use of the outdoor seating
areas to 11 p.m. for the Commission’s consideration.
The second comment letter addressed multiple concerns which are addressed below:
1. Issue: Businesses may extend hours and have live music.
Response: Staff recommends a condition to limit outdoor seating hours to 11 p.m. seven days a
week and a condition to not allow outdoor speakers, music, or outdoor entertainment unless a
Special Temporary Use Permit is issued from the Planning Department for short duration event.
2. Issue: Noise is generated from the site from diesel delivery trucks and from waste pickup.
Response: The site is located in the B-1 District which is not subject to the noise restrictions that
may exist for residential neighborhoods in the Noise Ordinance, Chapter 8.30 BMC. Staff has
had discussions with the applicant regarding this issue and they are working to voluntarily reduce
noise from deliveries.
3. Issue: Parking is inadequate.
Response: As noted earlier in the report, the site currently complies with the parking
requirements in the B-1 zone. Staff has heard anecdotal evidence that parking can be difficult to
find during the lunch hour at South Towne Square and has had conversations with tenants at
South Towne Square where they expressed concerns about the amount of parking on site.
During three previous CUP applications and public hearings for on premise alcohol consumption
no public comment was received. The off-site parking proposed at the community center
(Pilgrim Church) has been in place for some time. Part of this application is to affirm that
agreement to make the use of the off-site parking acceptable to count as required parking spaces
for this development. It is the job of the applicant and tenants at South Towne Square to use the
off-site parking and free up parking for customers. Staff has met with the property owners and
tenants and they collectively are working to make better use of the off-site parking. Parking on
public streets in the adjacent neighborhoods is legal if the parking occurs outside of site vision
triangles at driveways and street intersections and near fire hydrants. The Streets Department
has recently installed No Parking signs on a portion of Hill Street to mitigate parking conflicts in
the vicinity. The Streets Department will also be working sometime in the future to provide
yellow paint to delineate no parking areas for site vision triangles on curbs in the area.
4. Issue: The garbage dumpster lids are not being closed and are creating a nuisance.
Response: Staff has contacted the applicant regarding this issue and they are working on a
solution.
5. Issue: Drivers are not complying with the no left turn lane from South 3rd into South Towne
Square.
Response: The police are responsible for enforcing traffic violations that occur on Bozeman city
streets. Enforcement is subject to resources and time available to police City streets. This access
restriction was part of a specific condition of approval from the original site plan approval
approved by the City Commission.
6. Issue: Light and noise pollution is created by the development.
Response: The development is an allowed use within the B-1 Neighborhood Business District.
The Figgins Creek watercourse, riparian, and trail corridor provides a significant buffer between
167
#Z-11102 South Towne Square Outdoor Seating/On Premise Alcohol Consumption CUP Staff Report
12
the development and the neighborhood. The vegetation in the corridor satisfies the City
requirements for parking lot screening. Staff has not received any other formal complaints
regarding this development being louder or more intrusive than other neighborhood business
districts. The applicant has been made aware of this complaint.
7. Issue: Afterhours activity.
Response: The applicant has been made aware of this complaint.
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:
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
or
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, the proposed development is on one lot.
Attachments: Applicant’s Submittal Materials
Updated/revised outdoor seating area for Sola Café.
Public Comment
June 5, 2009 Staff letter to the developer
Report Sent to:
Kailo Design & Development, LLC Mike McKenna 3805 Valley Commons Dr., #12 Bozeman, MT
59718
Allied Engineering Services, Erik Garberg, 32 Discovery Dr., Bozeman, MT 59718
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May 11, 2011
Brian Krueger
Planner II
20 E Olive St
Bozeman, MT 59715
RE: South Towne Square Conditional Use Permit Application
Dear Brian:
Allied Engineering Services, Inc. (AESI) is pleased to submit this conditional use permit
application for outdoor seating and alcohol services at South Towne Square. We have
enclosed the following documents:
• Brief supporting narrative (Section 1)
• Parking calculations (Section 1)
• Application (Section 2)
• Relevant elevations (Section 3
• CCR’s, Church Parking agreement, and By-laws (Section 3)
• Existing civil site plan drawings of record to show grade, access, circulation, etc.
(Section 3)
• Modified site plan showing seating locations and areas (Section 4)
• Fence detail (photos) (Section 4)
• Original and revised landscaping plan (Section 5)
• Site Plan Checklist (Section 6)
• Adjoiners material (Section 7)
• NRO Certificate (Section 8)
• Fee (Attached)
• Addressed and stamped envelopes (Attached)
• 2 CD’s containing digital copies (Attached)
• Other supporting information
The submittal has been organized using the requirements of the site plan checklist,
required attachments (checklist, adjoiners list, and NRO certificate) and narrative as the
primary sections.
178
City of Bozeman Planning Department
May 11, 2001
Project: STS CUP Application
Bozeman, MT
Bozeman Office . 32 Discovery Drive . Bozeman, Montana 59718 . Ph: (406) 582-0221 . Fax: (406) 582-5770 Page 2
Please let me know if you have any questions or comments.
Sincerely,
Allied Engineering Services, Inc.
Erik Garberg, PE
Project Manager
enc: As referenced
179
CONDITIONAL USE PERMIT
APPLIATION
FOR
SOUTH TOWNE SQUARE
LOT 3-A, BLOCK 4,
OF
AMENDED PLAT OF THE
REARRANGEMENT OF THOMPSON’S
ADDITION #3
BOZEMAN, MONTANA
MAY, 2011
PREPARED BY:
180
Section 1
Narrative
Section 2
Application
Section 3
General Information
(from checklist)
Section 4
Site Plan Information
(from checklist)
Section 5
Landscape Plan
(from checklist)
Section 6
Checklist
Section 7
Adjoiners List
Section 8
NRO Certificate
Conditional Use
Permit Application
for
South Towne
Square
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PARKING LEASE AGREEMENT
THIS PARKING LEASE AGREEMENT, hereinafter ~Lease", made and
entered as of the II day of I ~ , 2008, by and between
PILGRIM CONGREGATIONAL CHURCH of 2118 South Third Avenue, Bozeman,
Montana 59715, hereinafter referred to as "Landlord", and SOUTH TOWNE
SQUARE OWNERS ASSOCIATION, LLC of Bozeman,"210 to,kcttr 6/vrf ,
Montana 59715, hereinafter referred to as "Tenant";
WIT N E SSE T B
In consideration of the agreements hereinafter set forth,
Landlord does hereby lease and let to Tenant, and Tenant does hereby
lease from Landlord the ,leased p~ernises, hereinafter described, upon
the terms and conditions set forth below:
1. LEASED P~SES
The leased premises shall consist of forty (40) parking spaces
located at the south end of the existing parking lot at 2118 South
Third Avenue, Bozeman, Montana,. a~. depicted on the attached site
plan labeled Exhibit ~A".
2 . COMMENCEMENT AND TERM OF LEASE
This Lease will cormnence upon the completion of the South Towne
Square Center located at 2000 South Third Avenue, Bozeman, Montana
or on the -;;¥ day of1+ '2008, whichever is first, and
shall continue for ten (10) years from that date, unless extended
as hereinafter provided.
Tenant shall have the option to extend the Lease for one
additional ten (10) year term, exercisable by a notice in writing
PARKING LEASE AGREEMENT - 1 K:/CLIENTlMcKENNAlParking Lease Agreement
259
to Landlord no later than sixty (60) days prior to the end of the
original term of this Lease.
3. RENT
During the initial ten (10) year term of the lease, Tenant shall
pay as rent the sum in the following amounts:
ONE THOUSAND AND NO/100 DOLLARS ($1000.00) per month for the
duration of the first five years of the initial lease term, payable
in advance beginning on the commencement date, subject to proration
for the initial partial month, and due the 1st day of each and every
month thereafter for the length of the lease.
Beginning in the second five years of the initial lease term,
the amount shall be increased to $1200.00 per month payable on the
same terms as the original amount. If the lease continues, then
the third five years shall be at the rate of $1400.00 per month on
the same terms, and the fourth five years shall be at the rate of
$1600.00 per month on the same terms.
The rent is due and payable on the 1st day of every month. For
any month in which the rent is not received by the 5th day of every
month, there shall be a late fee of $50.00 added.
4. USE
Tenant agrees to use the leased parking spaces as parking for
employees of the South Towne Square Center. Tenant use of the parking
spaces shall be restricted to between the hours of 8:00 a.m. and
5:30 p.m. Monday through Friday. Holiday use shall be determined
PARKING LEASE AGREEMENT - 2 K:/CLIENT/McKENNAlParking Lease Agreement
260
between the parties and shall be as set forth in an attached listing
of dates and times, if applicable.
Tenant use of the space shall be subordinate to Landlord's need
during the week for parking for events related to Landlord's primary
business use, ie: funerals and other church related functions, and
to Landlord's primary rental entity: Pilgrim Preschool's parental
functions. Landlord shall provide Tenant with written notification
of the need for space and the hours of use at least 24 hours in advance.
If, at the time of notification, Tenant is continually using at least
20 of the 40 designated spaces, Tenant will be given priority for
the spaces along the southern boundary of the lot and the southwestern
boundary of the lot as identified on Exhibit A. Written notification
may include e-mail notification, and Tenant shall provide Landlord
with an e-mail address for such notifications. Every attempt will
be made to accommodate all Tenant users if possible.
Tenant's users shal.l be provided,. by Tenant, with identification
media (a hang tag, identification card, or parking permit) to allow
for identification of permitted vehicles. Tenant shall provide
Landlord with a sample of the media for reference and a location
for placement if not a hangtag. Users shall place the media in the
agreed location to provide for ease of identification by Landlord.
The identification media shall include the Tenant's name and any
logo the Tenant desires to validate the name. Any vehicles parked
outside the times designated for Tenant usage may be subj ect to being
towed or reported to the Bozeman Police Department for parking on
PARKING LEASE AGREEMENT - 3 K:/CLIENT/McKENNAlParking Lease Agreement
261
private property. Any vehicles parked in the lot which interferes
with maintenance or snow removal may be subject to similar measures
and the Tenant may receive notice regarding a breach of the agreement.
If a vehicle is towed, the registered owner of the vehicle shall
be responsible for all towing fees and Landlord shall not be liable
for any damage caused by the tow.
S . HAZARDOUS SUBSTANCES
Tenant shall not allow any hazardous substances to be deposited
or drain in, around or on the leased spaces or adjacent property.
6 • :INDEMN:ITY
Tenant assumes all risk of injury or damages to persons or
property within the leased spaces and shall hold Landlord harmless
and indemnify Landlord against any claim, damage, suit or demand
for inj ury to persons or property resulting from the use of the leased
premises by Tenant, its agents, employees or business invitees, or
in the ingress or egress of Tenant's employees.
Tenant shall not be liable for acts or omissions of Landlord,
its agents, servants, or employees.
7. TENANT'S ALTERATIONS
Tenant shall neither make any alteration on or additions to
the leased area nor make any agre,ement or contract therefore without
first obtaining Landlord's prior written consent, which said consent
shall not be unreasonably withheld. All alterations or improvements
made by Tenant to or upon the leased premises, shall at once, when
made or installed, be deemed to have attached to the freehold and
PARKING LEASE AGREEMENT - 4 K:/CLIENTlMcKENNAlParking Lease Agreement
262
become Landlord's property except as to any approved signage, which
shall remain the property of Tenant and shall be removable by Tenant
upon termination of this agreement. Tenant's signage must be
approved by Landlord as to location and design, based upon the
Landlord's sign permit with the City of Bozeman. Should the Landlord
not have a sign permit at the time of commencement of the lease,
then the Tenant may seek to apply for a permit in conjunction with
Landlord. Any costs associated with the approval of Tenant's signs
by the City, if applicable, shall be borne by the Tenant. No signs
shall be placed on the property without the approval of the Landlord
and a valid sign permit, as may be required. Should the signs
proposed by Tenant adversely impact the Landlord's total available
signage allocation, then ,Tenant shall work with Landlord to develop
a proposal for signage which in~ludes parking and which benefits
Landlord and Landlor~s primary business activity. The signs shall
be of professional quality and comply with applicable ordinances
and zoning. Interim steps to identify parking spaces may be taken,
including but not limited to posting of Exhibit A by Tenant at Tenant's
buildings for information of building occupants, or painting curb
markings on designated parking spaces.
At the termination of this Lease, and without notice, Tenant
shall clean up the leased premises and remove its property, if any,
including its signs, garbage and ~ebris, and repair any damages to
the leased space caused by such removal or any other cause under
Tenant's control.
PARKING LEASE AGREEMENT - 5 K:/CLIENTlMcKENNAlParking Lease Agreement
263
It is further agreed that any of Tenant's property remaining
upon the leased area thirty (30) days after the termination of this
Lease shall be deemed abandoned by Tenant and become the property
of Landlord, at Landlord's option, and may be disposed of as Landlord
sees fit, subject to the rights reserved to Landlord in this Lease
hereinbefore set forth, including the right to damages and costs
for disposal from Tenant.
S . REPAIR AND MAJ:NTENANCE
Tenant shall share in the cost of snow removal and_maintenance
of th·e parking lot based upon its percentage share of the total parking
spaces available. Tenant shall be ~~sponsible and pay for any repairs
to the leased spaces damaged or arising as a result of the acts or
omissions of tenant, its employees, agents and business invitees.
Landlord shall coordinate an assessment of the condition of the
leased premises as of the effective date of this· Agreement to
establish an initial baseline for which to determine annual repairs
and maintenance going forward, including without limitation
patching, resurfacing, and striping, which Tenant shall pay based
upon its percentage share of the parking lot.
Neither party shall be required to repair damage which results
from the acts or omissions of the other party, its agents, business
invitees, servants or employees. If any damage or loss is covered
by either Landlord's or Tenant's insurance, then the proceeds from
the insurance shall be used to make the repairs or cover the loss.
9 . CLEANLINESS AND WASTE
PARKING LEASE AGREEMENT - 6 K:/CLIENT/McKENNAlParking Lease Agreement
264
At its expense, Tenant shall keep the leased spaces free from
garbage, waste, and debris.
At the termination of this Lease, Tenant shall repair any and
all damages to the leased area, including holes and damages to the
parking area, normal wear and tear excepted.
10. LIABILITY INSURANCE
Tenant shall indemnify and hold Landlord harmless from any and
all claims, damages, suits, demands or causes of action resulting
from injuries to persons or properties and arising therefrom or out
of the use or condition of the leased spaces for which Tenant is
responsible for maintaining and repairing, and shall carry, maintain
and deposit proof with Landlord of general public liability insurance
in such form and with such c,ompanies as shall be reasonably
satisfactory to Landlord in the amount of at least ONE MILLION AND
NO/100 DOLLARS ($1,000,'000.00), naming or insuring Landlord, as
additional name~ insure~, against liability for personal injury or
property damages caused or occurring on the leased spaces or by
Tenant, its agents, employees or business invitees. Upon the
execution of this agreement and upon further demand Tenant shall
furnish Landlord with insurance certificates or other documentation
evidencing such insurance.
11. LIENS
Tenant shall not permit any liens, including materialman liens,
to be attached to the leased area by reason of any act or omission
PARKING LEASE AGREEMENT - 7 K:/CLIENTlMcKENNAlParking Lease Agreement
265
on its part and agrees to save and hold Landlord harmless from or
against such lien or claim of lien.
If any lien does attach and any claim of lien is made and shall
not be released within fifteen (15) days after notice from Landlord
to Tenant to release the same, Landlord, at its option, may pay and
discharge the same or bond the lien. In this case, the amount paid
and costs advanced by Landlord shall be added to and become part
of the next succeeding installment of rent and shall be deemed rent
payable hereunder; provided, however, if Tenant desires to contest
the validity or amount of any such lien, Tenant shall bond the lien
and discharge the same.
12 . RIGHTS ON DEFAULT
Occurrence of one or more of the following events shall
constitute an event of default:
(a) If Tenant shall fail or neglect to pay the rent when
due, or shall fail to pay any other money required to be paid
by Tenant, and such default(s) shall continue for a period of
ten days following written notice, delivered by Landlord to
Tenant, describing in general terms such default; or,
(b) If Tenant shall default in the performance of any other
obligation or duty of Tenant under this Lease and default shall
continue for a period of thirty (30) days following written
notice given after such default, unless within said thirty (30)
days Tenant shall cure such default, or if such default cannot
be cured within thirty (30) days, Tenant shall, within said
PARKING LEASE AGREEMENT - 8 K:/CLIENTlMcKENNAlParking Lease Agreement
266
thirty day period, commence to cure such default and shall
thereafter continue to use reasonable diligence in the curing
thereof.
If an event of default occurs, a default on the part of
Tenant shall be deemed to exist under this Lease; and Landlord,
without further notice to Tenant, shall have, consistent with
applicable law, anyone of the following remedies at Landlord's
election:
(i) Landlord shall have the immediate right to
terminate and cancel Tenant's rights under this Lease and
recover and resume possession of the leased area with or
without legal process. Tenant shall yield up quiet and
peaceful possession to Landlord and Tenant shall forfeit
its rights under this Lease.
(ii) Landlord may continue to assert the validity
of the Lease, take possession of the leased area pursuant
to applicable law, (including unlawful detainer or action
for possession), and re-let the leased premises, or any
part thereof, for such term or terms, at such rent and
upon such terms and conditions as Landlord may, in its
sole discretion, deem advisable, provided Landlord
proceeds in a commercially reasonable manner.
Upon such re-letting, Tenant shall immediately be
liable to pay to Landlord the costs and expenses of such
re-letting, the reasonable costs and expenses of any
repairs required to be made to the leased premises, and
shall be liable to pay to Landlord the amount, if any,
by which the rental required to be paid by Tenant in this
Lease for the period of such re-letting, (up to, but not
beyond, the then current term of this Lease), exceeds the
amount agreed to be paid by the new Tenant as rent for
the leased premises for such period of re-letting. If
Landlord cannot re-let the premises for the entire balance
of Tenant's then current term, Tenant shall be liable to
pay Landlord for the balance of the rental required by
this Lease. No such termination, unlawful detainer
action, re-entry or taking of possession of the leased
PARKING LEASE AGREEMENT - 9 K:/CLIENTlMcKENNAIParking Lease Agreement
267
premises by Landlord shall be construed as an election
on its part to terminate Tenant's other obligations under
this Lease unless a written notice of such intention be
given to Tenant.
(iii) In the event of any termination of this Lease
and upon the expiration of the term thereof, Tenant shall
yield up quiet, immediate and peaceful possession to
Landlord.
(e) Tenant recognizes and agrees that the rent required
to be paid by Tenant hereunder is independent of all other
covenants and agreements herein contained. If Landlord shall
commence any proceeding for nonpayment of any monies to which
Landlord may be entitled or for breach of this Lease or for
termination of this Lease by reason of Tenant's failure to timely
cure a default, Tenant agrees that if Tenant does not pay the
rent due hereunder during the pendency of the action or deposit
the same with the Court, the Court shall immediately return
possession of the leased area to Landlord to enable Landlord
to rent the leased area to third parties, if so desired by
Landlord.
13 . TENANT'S POSSESSION AND RIGHT OF FIRST REFUSAL
Landlord covenants with Tenant that upon paying the rent and
performing the terms, covenants and agreements in this Lease set
forth, Tenant shall, at all times during the term or any extension
of the term hereof, be entitled peacefully and quietly to have, hold
and enj oy the leased area. However, Landlord shall be given
immediate right to inspect the leased areas at any time. In the
event Landlord offers to sell the leased premises during the term
PARKING LEASE AGREEMENT -10 K:/CLIENTlMcKENNAlParking Lease Agreement
268
of this Lease, the Tenant shall have the right of first refusal to
purchase the premises at the same price and upon the same terms as
shall be offered to or by a third party. Any such offer shall be
delivered to Tenant in writing, and Tenant shall have a period of
ten (10) days after written notice is delivered to accept such offer.
If no written acceptance is delivered to Landlord within such ten
(10) day period, the Landlord may sell the premises to any third
party upon substantially the same terms and purchase price. In the
event of a sale of the property by Landlord to a third party, the
new owner shall have the option to terminate the lease or renegotiate
the existing terms and conditions.
14. WAIVER
No waiver of any breach of any term, covenant or condition of
this Lease shall be construed to be a waiver of any preceding or
succeeding breach of the same or any other term, condition or
covenant. All covenants on the part of Landlord and Tenant are hereby
made conditions.
15 . SERVICE OF NOTICE
Any notice required to be given by one party to the other shall
be in writing and must be personally served upon a party or served
by regular or certified mail, postage prepaid, through the United
States Postal Service, and addressed to the respective parties at
the following addresses:
LANDLORD: Pilgrim CongregationaJ. United Church Of Christ
Attn: Rental Coordinator: Parking Lot Rental.
3rd2118 S. Ave.
PARKING LEASE AGREEMENT -.11 K:/CLIENTlMcKENNAIParking Lease Agreement
269
Bozeman, MT 59715
e-mail: mail@uccbozeman. org
TENANT: South Towne S~are Owner's Association, LLC
il/) IV/~ 1:::~3J7J ~~Jt~ r?efa2•../i!.!J~~_-r <17 /(/
e-mail: W Y'ffJch #1 € yet hClsz CP#1ltR
With copy to:
Andrew Willett
Drysdale, McLean & Willett, PLLP
2066 Stadium Drive, Suite 101
Bozeman, MT 59715
Either party may change the above addresses by giving written
notice to the other party and notice shall be effective upon mailing
in the same manner a~ s~t. forth above or upon personal delivery.
If a party's address is changed without such written notice, notice
. '.'
may be addressed to a party's last known address.
16 • LANDLORD -TENANT
The relationship between the parties hereto is that of Landlord
and Tenant and nothing herein contained shall be construed or
interpreted so as to make their relationship otherwise.
1 7 . CONDITION OF LEASED SPACES
Upon Tenant taking possession of the leased spaces, Tenant shall
inspect the same and advise Landlord within fifteen (15) days of
any defects which might reasonaplY,be discovered upon an inspection.
Landlord shall promptly repair or correct these defects.
If Tenant does not give Landlord notice of any such defects
within said fifteen (15) day period, Tenant shall have been deemed
PARKING LEASE AGREEMENT -12 K:/CLIENTlMcKENNAlParking Lease Agreement
270
to acknowledge receipt of the leased spaces in good condition and
repair and in all respects satisfactory anq acceptable to Tenant.
18. TAXES & ASSESSMENTS
Landlord shall pay all taxes and assessments levied and assessed
against the land.
19 . SUSPENSION OF LEASE IN CASE OF CASUALTY OR PUBLIC AUTHORITY
Landlord and Tenant agree that if, during the term of this Lease
the leased premises shall be injured or destroyed by unavoidable
casualty or rendered unuseable by public authority to such an extent
that the premises cannot be repaired or replaced with reasonable
diligence in ninety days from the happening of such injury or act,
then either Landlord or Tenant may terminate this Lease as of the
date of such dam~ge or act by written notice delivered to the other
within fifteen days from the occurrence. Tenant shall immediately
surrender the leased area and all interest therein to Landlord and
Tenant shall pay rent only t~ the time of the said damage or act.
If the leased area can be restored within ninety days from the
happening of the damage or act and if Landlord, within fifteen days
from the occurrence, notifies the tenant of its election, in writing,
to repair and restore the area within the said ninety days from the
happening of the damage or act, then this Lease shall not end or
terminate on account of such inj ury or act. However, the rent shall
not run or accrue after injury and during the process of repairs,
except only that Tenant shall, during such time, pay a prorated
portion of such rent apportioned to that portion of the leased area
PARKING LEASE AGREEMENT -13 K:/CLIENTlMcKENNAlParking Lease Agreement
271
which are in condition for use and can be effectively used or may
actually be used by Tenant during such repairing periods.
Except as herein set forth, Landlord shall not be held to account
for any damages to Tenant attributable to acts of God or any failure
or defect in the premises not reasonably attributable to the
intentional or negligent acts or omissions of Landlord or its agents
and employees; provided, however, Tenant shall immediately report
any failure or defect to Landlord who shall repair or correct such
defects with reasonable diligence.
20 . SUBORDINATION
Notwithstanding ~nything ~ere.in to the contrary, Tenant agrees
this Lease is and shall be subordinate to any mortgage, Trust
Indenture, Deed of Trust or other instrument of security which shall
have been or shall be placed against the land and buildings of which
the leased premises forms a part; and said subordination is hereby
made effective without any further act by Tenant. Tenant agrees
that at any time, or from time to time, upon request by Landlord,
it will execute and deliver any instruments, releases, estoppel
certificates or other documents that may be required in connection
with the subjecting and subordinating of this Lease to the lien of
any of said mortgages, trust indentures or other instruments of
security.
22. WAIVER OF SUBROGATION
Notwithstanding anything herein to the contrary, Landlord
hereby releases Tenant, and Tenant hereby releases Landlord and its
PARKING LEASE AGREEMENT -14 K:/CLIENTlMcKENNAlParking Lease Agreement
272
respective officers, agents and employees, from any and all claims
or demands for damages, loss, expense or injury to the leased area,
of either Landlord or Tenant in, about or upon the leased premises,
as the case may be, caused by or result from perils, events or
happenings which are covered by the insurance carried by the
respective parties and in force at the time of any such loss; provided,
however, that such waiver shall be effective only to the extent
permitted by the insurance covering such loss and to the extent such
insurance is not prej udiced thereby, or the expense of such insurance
is not thereby increased.
23 • ENTITY AUTHORIZATION
If the Tenant is a Corporation, Limited 'Liability Company, or
other entity with limited liability the undersigned represents that
the entity has authorization to enter into this Agreement and the
undersigned has authority to execute this Agreement on behalf of
the entity.
24. ASSIGNABJ:Ll:TY AND SUBLEASING
This Lease shall not be assignable, nor the property subleased
by Tenant, in whole or in part, nor Tenant released from its
obligations without Landlord's prior written consent. Landlord may
assign its interest in this Lease upon written Notice to Tenant.
25 . SUCCESSORS AND ASSIGNS
Subject to the provisions of the preceding Paragraph, entitled
"Assignability and Subleasing", this Lease shall be binding upon
PARKING LEASE AGREEMENT -15 K:/CLIENTlMcKENNAlParking Lease Agreement
273
and inure to the benefit of the respective parties, their legal
representative, successors and assigns.
26. ALL A_S CONTAINED HEREIN
This Lease contains all of the agreements of the parties relating
to the subj ect matter; and it supersedes and cancels all prior written
or oral agreements between them with reference to the real property,
including all improvements thereon.
27. TIME
It is mutually agreed by and between the parties that TIME IS
OF THE ESSENCE OF THIS LEASE.
28 . HEADINGS
The headings .andtitIes of se<;tions and paragraphs of this Lease
are inserted merely for convenience and are not to be used in the
constructions thereof.
29. ATTORNEY'S FEES AND COSTS
If either party defaults in it~ performance, or an action brought
to enforce the terms of this agreement or causes of actions resulting
from the relationship established herein, the defaulting party agrees
to pay, on demand, the other party's reasonable attorney's fees and
costs.
/ / / I
PARKING LEASE AGREEMENT -16 K:/CLIENTlMcKENNAlParking Lease Agreement
274
IN WITNESS 'WBlmEOF, the parties hereto have hereunto set their
hands the day and year first above written.
LANDLORD: CD OF CBlUST
BY:
Eri Moderator
TENANT: SOUTH TOWNE SQUARE OWNERS ASSOCIATION, LLC
By: &v(//l~Z?2e&z !wr
Michael L. McKenna, Its Member
PARKING LEASE AGREEMENT -17 K:JCLlENTlMcKENNAlParking Lease Agreement
275
276
277
278
W. KAGY BLVD.S. WILLSON AVE.S. 3RD AVE.S. TR
A
C
Y
A
V
E.
HILL ST.
FIGURECivil Engineering
Geotechnical Engineering
Land Surveying
32 DISCOVERY DRIVE . BOZEMAN, MT 59718
PHONE (406) 582-0221 . FAX (406) 582-5770
www.alliedengineering.com
SOUTH TOWNE SQUARE - CUP
VICINITY MAP
BOZEMAN, MT
1
PROPERTY
BOUNDARY
PROPOSED OUTDOOR SEATING AREA
TOTALING 1946 SQ-FT
FIGGI
N
S
C
R
E
E
K
PROPERTY
E. KAGY BLVD.
N
279
280
281
South Towne Square
Conditional Use Permit
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EXECUTIVE SUMMARY
This report presents the Conditional Use Permit application for South Towne Square.
The property is legally described as Lot 3-A of Block 4 of the Amended Plat of the Rear-
rangement of Thompson’s Addition #3, which was originally granted to Christ the King
Lutheran Church in 1967. The parcel was previously reviewed under the South Towne
Sqaure Minor Subdivision Preliminary Plat Application #P-07012. It is located on the
south side of Kagy Boulevard, east of South 3rd Avenue, and north of Figgins Creek,
which runs through the property. It consists of approximately 5 acres of land, which cur-
rently contain 3 mixed use commercial development buildings with two additional build-
ings permitted for future development
The purpose of this conditional use permit is to permanently permit outdoor seating and
alcohol sales for four locations at South Towne Square. These locations are referred to
as:
Designation Area
Outdoor Seating Area One/Sola South 645 FT2
Outdoor Seating Area Two/Sola North 176 FT2
Outdoor Seating Area Three/Lemongrass Thai 625 FT2
Outdoor Seating Area Four/Seven Sushi 500 FT2
As the buildings are tenant occupied it is possible certain tenants will elect to implement
the improvement immediately while others may select to postpone them until sometime
in the future. Given this, it is requested by the applicant that if any permit is issued it be
conditioned in such a way that the improvements may be made in a phased manor.
In meetings with the City it was indicated the primary issues for review are:
• Parking
• Landscaping
Addressing the parking issue the tables below provide parking calculations for:
• The current condition
• Future build-out (assuming first floor retail and upstairs professional)
• New outdoor seating requirements
BUILDING 1 (Existing)
TENANT UNIT AREA
USE
TYPES
REQUIRED
SPACES/SQ-FT
PER UDO
REQUIRED
SPACES
PERCENT RE-
DUCTION FOR B-
1 (18.46.040 B 3a)
SPACE
REQUIRED
Sola A 1448 Restaurant 50 29 50 14.5
Antoinette's B 547 Retail 300 1.8 40 0.72
Lemongrass C 700 Restaurant 50 14 50 7
TOTALS 22.22
282
South Towne Square
Conditional Use Permit
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BUILDING 2 (Existing)
TENANT UNIT AREA
USE
TYPES
REQUIRED
SPACES/SQ-FT
PER UDO
REQUIRED
SPACES
PERCENT RE-
DUCTION FOR B-
1 (18.46.040 B 3a)
SPACE
REQUIRED
Gallatin Laundry A 645 Retail 300 2.2 40 1.3
Vacant B 1729 Retail 300 5.8 40 3.5
Labellum C 1157 Retail 300 3.9 40 2.3
Moberry's D 533 Rest 50 10.7 50 5.4
Acorn Pediatrics E-H
5 FTE
Docs 8
FTE
Other
Medical
Office
4 Space per Doc-
tor 1 Space per
other employee 28 30 19.6
TOTALS 32.1
BUILDING 3 (Existing)
TENANT UNIT AREA
USE
TYPES
REQUIRED
SPACES/SQ-FT
PER UDO
REQUIRED
SPACES
PERCENT RE-
DUCTION FOR B-
1 (18.46.040 B 3a)
SPACE
REQUIRED
Pilates A 635 Health 200 3.2 30 2.2
Food for Thought B 949 Rest 50 19 50 9.5
Seven Sushi C&D 700 Rest 50 14 50 7
Seybert E 1178 Office 250 4.7 20 3.8
Herzog F 714 Office 250 2.9 20 2.3
Headwater Econ G&H 2007 Office 250 8 20 6.4
TOTALS 31.2
BUILDING 4 (Proposed)
TENANT UNIT AREA
USE
TYPES
REQUIRED
SPACES/SQ-FT
PER UDO
REQUIRED
SPACES
PERCENT RE-
DUCTION FOR B-
1 (18.46.040 B 3a)
SPACE
REQUIRED
To Be Deter-
mined A-D 4250 Retail 300 14.2 40 8.5
To Be Deter-
mined E-H 3400 Office 250 13.6 20 10.9
TOTAL 19.4
283
South Towne Square
Conditional Use Permit
Page 4 of 7 May, 2011
P:\2011\11-027 South Towne Square CUP\Narrative Summary.doc
BUILDING 5 (Proposed)
TENANT UNIT AREA
USE
TYPES
REQUIRED
SPACES/SQ-FT
PER UDO
REQUIRED
SPACES
PERCENT RE-
DUCTION FOR B-
1 (18.46.040 B 3a)
SPACE
REQUIRED
To Be Deter-
mined A-D 4250 Retail 300 14.2 40 8.5
To Be Deter-
mined E-H 3400 Office 250 13.6 20 10.9
TOTAL 19.4
Proposed Outdoor Seating
TENANT UNIT/Building AREA
USE
TYPES
REQUIRED
SPACES/SQ-FT
PER UDO
REQUIRED
SPACES
PERCENT RE-
DUCTION FOR B-
1 (18.46.040 B 3a)
SPACE
REQUIRED
Area 1/Sola
South A Bldg1 645 Rest 100 6.5 50 3.3
Area 2/Sola
North A Bldg1 176 Rest 100 1.8 50 0.9
Area
3/Lemongrass C Bldg1 625 Rest 100 6.3 50 3.2
Area 4/Seven
Sushi C&D Bldg 3 500 Rest 100 5 50 2.5
TOTAL 9.9
Summary of Required Parking
REQUIRED TOTAL
Parking Required per UDO for Existing Buildings (1-3) 85.52
Parking Required per UDO for Future Buildings (4&5) 38.8
SUBTOTAL FOR BUILDINGS 124.32
Parking Required for Outdoor Seating 9.9
SUBTOTAL FOR OUTDOOR SEATING 9.9
TOTAL REQUIRED 134.22
REDUCTIONS TOTAL
Transit Stop Reduction 10% 13.4
Parking Reduction for Landscaping 5
TOTAL ADDITIONAL REDUCTIONS 18.4
TOTAL NET PARKING REQUIRED WITH REDUCTIONS AND OUTDOOR SEATING 115.82
284
South Towne Square
Conditional Use Permit
Page 5 of 7 May, 2011
P:\2011\11-027 South Towne Square CUP\Narrative Summary.doc
Summary of Available Parking
ONSITE TOTAL
Parking Existing On-site 103
Parking Existing Off-site 40
TOTAL PARKING AVAILABLE 143
TOTAL NET SURPLUS PARKING 27.18
Addressing the landscaping issue we have provided a landscaping plan showing where
landscape will be removed and where it will be replaced. The plan provides the existing
landscaping calculation and an area by area breakdown of what landscaping will be re-
moved and shows where it will be replaced.
The design criteria used include:
• Replacing a like panting for a like planting
• Keeping moved planting as near as possible the original location
• Keeping planting in visible an exposed areas
The following sections provide a listing of what items requested by the Site Plan Check-
list have been provide and additional descriptions where necessary to clarify the informa-
tion provided.
285
South Towne Square
Conditional Use Permit
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SITE PLAN CHECKLIST SUMMARY
A. DESIGN REVIEW BOARD
Design review board was not required for this project.
B. GENERAL INFORMATION (Section 3)
B.1 Vicinity Map included in the General Information Section, see Figure 1.
B.2 See Section 7, Adjoiners List.
B.3 Not Applicable.
B.4 A copy of the COS is provided.
B.5 All drawings and figures are dated.
B.6 Included where applicable.
B.7 See plan sheets.
B.8 See COS.
B.9 Not applicable
B.10 See the attached site plan sheets C1-0 through C1-3
B.11 Not applicable
B.12 See information listed in B.10
B.13 Not applicable, previously provided
B.14 Not applicable
B.15 Elevations Attached
B.16 Not applicable
B.17 Not applicable
B.18 See attached, By Laws, CC&R’s, and Parking Agreement
C. SITE PLAN INFORMATION (Section 4)
C.1 See Section 3, General Information
C.2 Not applicable
C.3 Not applicable
C.4 Not applicable
C.5 Not applicable
C.6 Not applicable
C.7 Not applicable
C.8 Not applicable
C.9 Not applicable
C.10 Not applicable
C.11 Not applicable
C.12 See Section 3, General Information
C.13 Not applicable
286
South Towne Square
Conditional Use Permit
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C.14 See details on sheet A-1
C.15 Not applicable
C.16 Not applicable
C.17 See sheets A-1 through A-6
C.18 Not applicable
C.19 See Section 5, Landscape Plan
C.20 Not applicable
C.21 Not applicable
C.22 Not applicable
C.23 Not applicable
C.24 Not applicable
C.25 Not applicable
C.26 Not applicable
C.27 Not applicable
C.28 Not applicable
D. LANDSCAPE PLAN (Section 5)
All information listed in this section is provided on the accompanying landscape plan
(from original submittal) and landscaping modification drawing.
287
BUILDING 1 (Existing)TENANTUNITAREAUSE TYPESREQUIREDSPACES/SQ-FTUDO PER REQUSPAIRED CESPERCENREDUCTION F(18.46.040 BT OR B-1 3a)SPACE REQUIREDSolaA1448Restaurant50295014.5Antoinette'sB547Retail3001.8400.72LemongrassC700Restaurant5014507TOTALS22.22BUILDING 2 (Existing)TENANTUNITAREAUSE TYPESREQUIREDSPACES/SQ-FTUDO PER REQUSPAIRED CESPERCENREDUCTION F(18.46.040 BT OR B-1 3a)SPACE REQUIREDGallatin LaundryA645Retail3002.2401.3VacantB1729Retail3005.8403.5LabellumC1157Retail3003.9402.3Moberry'sD533Rest5010.7505.4Acorn PediatricsE-H5 FTEDocs FTEOthe 8 r4 Space per DocMedical OfficeppSpace per othemployeetor 1 er 283019.6TOTALS32.1BUILDING 3 (Existing)TENANTUNITAREAUSE TYPESREQUIREDSPACES/SQ-FTUDO PER REQUSPAIRED CESPERCENREDUCTION F(18.46.040 BT OR B-1 3a)SPACE REQUIREDPilatesA635Health2003.2302.2Food for ThoughtB949Rest5019509.5Seven SushiC&D700Rest5014507SeybertE1178Office 2504.7203.8288
TOTAL19HerzogF714Office 2502.9202.3Headwater EconG&H2007Office 2508206.4TOTALS31.2BUILDING 4 (Proposed)TENANTUNITAREAUSE TYPESREQUIREDSPACES/SQ-FTUDO PER REQUSPAIRED CESPERCENREDUCTION F(18.46.040 BT OR B-1 3a)SPACE REQUIREDTo Be DeterminedA-D4250Retail30014.2408.5To Be DeterminedE-H3400Office25013.62010.9TOTAL19.4BUILDING 5 (Proposed)TENANTUNITAREAUSE TYPESREQUIREDSPACES/SQ-FTUDO PER REQUSPAIRED CESPERCENREDUCTION F(18.46.040 BT OR B-1 3a)SPACE REQUIREDTo Be DeterminedA-D4250Retail30014.2408.5To Be DeterminedE-H3400Office25013.62010.9TOTAL19.4.4Proposed Outdoor Seating TENANTUNIT/BuilngdiAREAUSE TYPESREQUIREDSPACES/SQ-FTUDO PER REQUSPAIRED CESPERCENREDUCTION F(18.46.040 BT OR B-1 3a)SPACE REQUIREDArea 1/Sola SouthA Bldg1645Rest1006.5503.3Area 2/Sola NorthA Bldg1176Rest1001.8500.9Area 3/LemongrassC Bldg1625Rest1006.3503.2Area 4/Seven SushiC&D Bldg 3 500Rest1005502.5TOTAL 9.9289
site103Summary of Required ParkingREQUIREDTOTALParking Required per UDO for Existing Buildings (1-3)85.52Parking Required per UDO for Future Buildings (4&5)38.8SUBTOTAL FOR BUILDINGS124.32Parking Required for Outdoor Seating9.9SUBTOTAL FOR OUTDOOR SEATING9.9TOTAL REQUIRED 134.22REDUCTIONSTOTALTransit Stop Reduction 10%13.4Parking Reduction for Landscaping 5TOTAL ADDITIONAL REDUCTIONS18.4TOTAL NET PARKING REQUIRED WITH REDUCTIONS AND OUTDOOR SEATING115.82Summary of Available ParkingONSITETOTALParking Existing On-siteParking Existing On103Parking Existing Off-site40TOTAL PARKING AVAILABLE143TOTAL NET SURPLUS PARKING27.18290
291
Page 3
(Site Plan Checklist – Prepared 12/05/03; revised 9/22/04; revised 7/24/07)
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
292
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
293
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.
28. Stormwater Management Permit Application required
294
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
295
296
297
298
299
300
301
302
303
304
1
Brian Krueger
From:Ralph Zimmer [RalphZimmer@mcn.net]
Sent:Tuesday, May 31, 2011 4:24 PM
To:Brian Krueger
Subject:South Towne Square Outdoor Seating/Cabaret License
Tuesday, May 31, 2011
Brian,
I see on the DRC 6/1 agenda consideration of an outdoor seating/cabaret license for
South Towne Square.
I am still living at 2103 South Tracy. If the outdoor seating/cabaret license is for
the south side of the existing buildings at South Towne Square, the relevant activity will
occur "in" my back yard (i.e., "just" across the creek that basically is my back lot line).
Will there be any restrictions on how late alcohol will be served in that outdoor area?
If there are legal restrictions or a legally binding agreement that would preclude serving
alcohol in that area after 11 PM, I have no objection to the license. However, if there will
be no such legally binding restrictions I do object.
Thanks.
Ralph W. Zimmer
2103 South Tracy Avenue
Bozeman MT 59715
(406) 586‐9152
305
Development Review Committee
Alfred Stiff Professional Building
20 East Olive Street
Bozeman, MT
Re: South Towne Square
2000 South 3rd Avenue
South Town Square Outdoor Seating/Cabaret License CUP #Z-11102 (Krueger)
I am very concerned about the above license. I am concerned that the businesses
involved will be extending their hours and have live music further contributing to
the noise, parking & safety issues that already exist with the South Town Center
Development.
STC has created pollution, noise, and safety issues for the surrounding
neighborhoods. Living next to this development is not pleasant.
A.) Noise: Freight comes in full size diesel semi trucks that arrive as early as
4:30 in the morning. They drive to the south of the parking lot (right outside our
bedroom window) and idle until someone comes to unload.
The noise code states 5:00 am for freight. Do you feel this is justifiable next to a
residential neighborhood? How would you like to wake up to semis outside your
window? While we can hear them in the winter months, it is impossible to sleep
with the windows open in the summer when trucks are present. Our home was not
designed for air conditioning. It would be expensive to retro fit and we do not like
it.
Allied Waste has been considerate enough to come after 7:00 am. If you are not
familiar with the sound of a commercial dumpster pick up I would invite you to
come over & listen. It is not anything like residential pick up. The truck pulls in,
then lifts the dumpster, once dumped the truck bangs it multiple times to make sure
everything is out. Then comes the backup beeping as they leave. I am sure you
would not want this in your backyard ever.
B.) Parking: The parking has proven to be inadequate. It is our understanding the
development has made an arrangement with Pilgrim Church to use part of their lot
at times. Most days the employees park on South Tracy and Hill Street. On Hill
Street this creates two safety hazards. There is a fire hydrant on the corner of Hill &
South 3rd
THANK YOU FOR PLACING NO PARKING SIGNS ON HILL!!
306
C.) Dumpster: Employees sometimes do not close the dumpster lids. Crows,
magpies & ravens frequent the open dumpster regularly. They are noisy and scatter
garbage around thus attracting rodents. They prey on the songbirds in the area. I
have seen as many as 50 ravens & crows in the tree behind the dumpster. Last
summer the fencing around the dumpster was completely covered in bird
droppings.
We have addressed this problem with the developer several times. The lids are shut
for a time but soon revert back to open containers.
Employees are on the premises long after closing. Trips to the dumpster is one of
the last things they do. This brings the lovely (sic) sounds of the lids squeak loudly
and glass bottles being thrown in individually.
D.) No Left Turn from South 3rd into South Town Center is a joke. People
continuously & purposely ignore the three signs that are posted.
E.) Light & noise pollution from vehicles in the parking lot: Back yards of the
adjacent properties look up into a very busy parking lot. Headlights continuously
sweep the back of homes & yards. There is constant noise from people, dogs, cars
diesel trucks, beeping locks, alarms, etc.
F.) After hours activity in warm weather. Young people gather in the parking lot
after hours. They party, skate board, use the existing tables & chairs and at times
get very noisy.
Many of these problems would have been eliminated if the developers had allowed
to put the building near the rear of the developable area. This would have been in
keeping with the rest of the area. The neighbors would have the back of buildings to
block the noise and lights from the parking lot & businesses.
While I support the concept of neighborhood businesses I will never understand
why our neighborhood had to bear the brunt of all neighborhood businesses. We
already have over 50 businesses in a well-designed development that had minimal
impact on the neighborhood, before the development of STS. The existing
businesses created none of the problems caused by STS.
It the permit is issued we would ask it be done with conditions on the noise in the
morning. As this development is next to a once quiet neighborhood, it would be nice
if the semis & other such commercial vehicles not be allow before 7:00 am.
One other issue – the lighting in the STS is very good. It does not light up the entire
neighborhood as the streetlights on Kagy. We would ask the city to install collar the
focus the lights down.
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We would ask the city to look at refining the noise code so that all zoning is not
lumped into one category.
Sincerely,
Montie & Kathi Bare
The City Commission of the City of Bozeman hereby enacts this ordinance to protect,
preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the
City of Bozeman through the reduction, control, and prevention of raucous noise, or any
noise which unreasonably disturbs, injures, or endangers the comfort, repose, health,
peace, or safety of reasonable persons of ordinary sensitivity. (Ord. 1539 § 1, 2001)
5. Outdoor Events. Any outdoor gatherings, public dances, shows sporting events,
and other similar outdoor events will be authorized provided the parties obtain any
permits required by Title 12, Chapter 32, of this code. Should the event not require a
permit, the gathering will be authorized between the hours of 6:00 a.m. and 8:00 p.m.
from October 1 through March 30 and between 6:00 a.m. and 10:00 p.m. from April 1
through September 30.]]
3. Loading, Unloading, or Opening Containers. The loading, unloading, opening, or other
handling of boxes, crates, containers, solid waste containers, or other similar objects,
including but not limited to the collection of solid waste as defined in Section 8.16.010,
recyclables or compostable materials by either the City of Bozeman or a private
contractor duly licensed by the Montana Public Service Commission for the collection
and transportation of solid waste will be authorized provided the parties obtain and
comply with any permits required by Title 18 of the Bozeman Municipal Code. Should a
permit not be required, this activity is authorized between the hours of 5:00 a.m. and
8:00 p.m. from October 1 through March 30 and between 5:00 a.m. and 10:00 p.m. from
April 1 through September 30.
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