HomeMy WebLinkAboutMontana Ale Works Restaurant at 611 East Main Street
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Bristor, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Montana Ale Works Restaurant Outdoor Patio Seating/On Premise
Consumption of Alcohol: A Conditional Use Permit application requesting the expansion of alcohol
sales for on-premises consumption to an existing outdoor patio on the property addressed as 611 East
Main Street, Bozeman, Montana. The application is also considering the approval of a renewed shared-
use parking agreement for the properties addressed as 611 and 777 East Main Street, Bozeman, Montana.
MEETING DATE: March 26, 2012
AGENDA ITEM TYPE: Action (Quasi-Judicial Hearing)
RECOMMENDATION: Staff is recommending conditional approval of the Montana Ale
Works Restaurant Outdoor Patio Seating/On Premise Consumption of Alcohol Conditional Use
Permit application. The recommended conditions are listed on pages 2 and 3 of the staff
report.
RECOMMENDED MOTION: I move to approve Certificate of Appropriateness application
Z-12017 as described in the staff report and subject to the conditions therein, based on a finding
of compliance with all applicable criteria.
BACKGROUND: An application was submitted to the Department of Planning & Community
Development requesting a Conditional Use Permit (CUP) for the expansion of alcohol sales for
on-premises consumption to an existing outdoor patio on the property addressed as 611 East
Main Street. A CUP is required for any on premise consumption of alcohol in the underlying B-
2 zoning district. The application is also considering the approval of a renewed shared-use
parking agreement for the properties addressed as 611 and 777 East Main Street.
The existing 20’ x 40’ outdoor patio was approved by the Planning Department in July 2002 and
was constructed the same year. The proposal for the patio was for outdoor restaurant serving
area and did not specifically request permission for the expansion of alcohol sales for on-
premises consumption. The restaurant received a CUP from the City in September 2009 when
they made the initial request for alcohol sales for consumption on site in the building and
attached rail car.
In 2011, the Planning Department became aware of the fact that alcohol was being served in the
patio area when an anonymous complaint was received about people drinking alcohol on the
property beyond the patio boundaries. The Planning Department contacted the property and
business owner and informed them of the requirement to submit a CUP application for the
expansion of alcohol sales and serving to the patio area.
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This current CUP application is the property and business owner’s response to the Planning
Department’s notification in 2011. During informal correspondence, it was identified that the
shared use parking agreement between the buildings addressed as 611 and 777 East Main Street
needed to be renewed. Planning Staff suggested the renewed agreement could also be approved
with the Conditional Use Permit application. Also, it was identified that the business owner
wanted to slightly modify the interior seating arrangement in the restaurant. This is also included
in the CUP application.
Because the Board of Adjustment is currently unable to reach a quorum, Staff requested the City
Commission reclaim the application for review. The City Commission reclaimed the application
through a motion and vote at their March 5, 2012 public meeting.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Approve the application with the Staff recommended conditions;
2. Approve the application with modifications to the Staff recommended conditions;
3. Deny the application based on a finding of non-compliance with applicable criteria; or
4. Open and continue the public hearing on the application, with specific direction to
Staff or the applicant to supply additional information.
FISCAL EFFECTS: None identified at this time.
Report compiled on: March 16, 2012
Attachments: Staff Report
Application materials
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#Z-12017 Montana Ale Works Restaurant Outdoor Patio Seating/ On Premise Alcohol Consumption CUP Report 1
City Commission Staff Report for the Montana Ale Works Restaurant Outdoor Patio Seating /On Premise Consumption of Alcohol CUP File #Z-12107
Item: A Conditional Use Permit Application for the expansion of alcohol sales for on-premises consumption to
an existing outdoor patio on the property addressed as 611 East Main Street, Bozeman, Montana. The application
is also considering the approval of a renewed shared-use parking agreement for the properties addressed as 611
and 777 East Main Street, Bozeman, Montana.
Owner/Applicant: 611 East Main Street, LLC, 101 E. Main St., Ste. D, Bozeman, MT 59715
Representative: Bechtle Architect, 3991 Valley Commons Dr., Ste. 100, Bozeman, MT 59718
Date: City Commission Meeting on Monday, March 26, 2012 at 6:00 p.m., in the City Commission Meeting
Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Allyson Bristor, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
Project Location
The subject property is addressed as 611 East Main Street and is legally described as Lots 5 – 14, Block D, Rouse
1st Addition, City of Bozeman, Gallatin County, Montana and is within the boundaries of the Neighborhood
Conservation Overlay District. The property is zoned B-2 (Community Business District). Please see map below.
Proposal
An application was submitted to the Department of Planning & Community Development requesting a
Conditional Use Permit (CUP) for the expansion of alcohol sales for on-premises consumption to an existing
outdoor patio on the property addressed as 611 East Main Street. A CUP is required for any on premise
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consumption of alcohol in the underlying B-2 zoning district. The application is also considering the approval of
a renewed shared-use parking agreement for the properties addressed as 611 and 777 East Main Street.
The existing 20’ x 40’ outdoor patio was approved by the Planning Department in July 2002 and was constructed
the same year. The proposal for the patio was for outdoor restaurant serving area and did not specifically request
permission for the expansion of alcohol sales for on-premises consumption. The restaurant received a CUP from
the City in September 2009 when they made the initial request for alcohol sales for consumption on site in the
building and attached rail car.
In 2011, the Planning Department became aware of the fact that alcohol was being served in the patio area when
an anonymous complaint was received about people drinking alcohol on the property beyond the patio
boundaries. The Planning Department contacted the property and business owner and informed them of the
requirement to submit a CUP application for the expansion of alcohol sales and serving to the patio area.
This current CUP application is the property and business owner’s response to the Planning Department’s
notification in 2011. During informal correspondence, it was identified that the shared use parking agreement
between the buildings addressed as 611 and 777 East Main Street needed to be renewed. Planning Staff suggested
the renewed agreement could also be approved with the Conditional Use Permit application. Also, it was
identified that the business owner wanted to slightly modify the interior seating arrangement in the restaurant.
This is also included in the CUP application.
On March 5, 2012, the City Commission voted to reclaim final authority of this CUP application. On March 7,
2012 the Development Review Committee 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 Development Review Committee 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 Code. The following nine conditions of approval are recommended. Please note
that these conditions are in addition to the required code provisions beginning on page 5 of this report.
Recommended Conditions:
1. The “Long Term Mutual and Reciprocal Access, Parking, Utility Line Maintenance and Stormwater Drainage
Easement” for shared-use parking between the properties addressed as 611 and 777 East Main Street shall be
revised to include a provision that requires that the lessor or lessee to notify the City Planning Director if the
agreement is defaulted on or nullified by either party, or otherwise expires. The revised, signed and recorded
agreement shall be submitted with the final site plan application.
2. The hours of operation for the outdoor patio area are limited to 11 p.m. seven days a week.
3. All amplified noise and sound produced from inside or outside the building shall not be audible beyond the
property lines immediate to the outdoor patio area (south, east and west) to the extent that such sound disturbs the
quiet, comfort, or repose of any normally sensitive and reasonable person.
4. Alcohol may only be served within the perimeter of the outdoor patio area and cannot include the grass area of
the property.
5. The non-conforming exterior lights for the exterior signs on the building’s east and west elevations must be
replaced with lights that conform to the Bozeman Unified Development Code. The design of the replacement
fixtures shall be full cut off in design. The applicant shall submit the specifications of the new lights with the
final site plan application.
6. The non-conforming bike racks on the property must be replaced with a bike rack style that follows the
recommendations of the Greater Bozeman Area Transportation Plan 2007 Update. The number of bicycle parking
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shall be at least 10 percent of the number of automobile parking stalls required prior to parking reductions. The
applicant shall submit the specifications of the new bike racks with the final site plan application.
7. A copy of the amended State Revenue Department liquor licenses for Montana Aleworks (611 East Main
Street) that shows the addition of the outdoor patio area in the restaurant’s approved floor plan shall be submitted
to the Department of Planning & Community Development prior to the sale of alcoholic beverages within outdoor
seating areas.
8. The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections 38.19.110.I and
38.34.160 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 procession of alcohol.
9. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the
applicable regulations of the Bozeman Municipal Code.
Zoning Designation & Land Uses
The property is zoned B-2 (Community Business District). The intent of the B-2 district is to provide for a broad
range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides
by limited access arterial streets.
The following land uses and zoning are adjacent to the subject property:
North: Manufacturing (storage buildings, railroad right-of-way), zoned “M-1” (Light Manufacturing District);
South: Manufacturing (car repair shop) and Commercial use (office, personal services), zoned “B-2”;
East: Commercial use (office, retail, restaurant uses), zoned “B-2”;
West: Commercial use (retail use), zoned “B-3” (Central Business District).
Adopted Growth Policy Designation
The Future Land Use Map of the updated Bozeman Community Plan designates the subject property to develop as
“Community Core.” The area within the Community Core category contains the traditional core of Bozeman, the
historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and
multi-modal transportation network, and a rich architectural character. Essential government services, places of
public assembly, and open spaces provide the civic and social core of town. Residential development on upper
floors is well established. New residential uses should be high density. The area along Main Street should be
preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby
streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a
Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of
transition to adjacent areas and preserving the historic character of Main Street.
Review Criteria & Staff findings
Section 38.19.110 “Conditional Use Permit”
In addition to the review criteria included in Section 38.19.100, the City Commission shall, in approving a
Conditional Use Permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all
yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use
with the land and uses in the vicinity.
The Montana Ale Works restaurant 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. Additionally, Staff finds the
proposed addition of interior serving area as appropriate. The shared-use parking agreement with the neighboring
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property of 777 East Main Street demonstrates a successful parking arrangement between businesses that have
different hours of operation and general variations of parking demand throughout the day. With this application,
Planning Staff determines the proposed shared/joint use of parking between the buildings and uses within at 611
and 777 East Main Street as appropriate based on the applicant’s submitted traffic impact study that examined trip
generation, hours of operation, quantity of required parking spaces for all potential uses. The study indicates that
adequate parking exists to meet the demand of existing uses as well as meets technical requirements. (Note: The
10% parking reduction available to the property for transit availability wasn’t applied in the traffic study, hence
demonstrating the shared use is working before available parking reductions are applied). Additionally, the long-
term shared use agreement will be designed so that it is revocable with City Commission approval and runs with
the term of the designated uses (per conditional approval).
Two of the recommended conditions address some non-conforming situations on the property that emerged since
the original Conditional Use Permit application in 2009. Those situations include exterior lights used to
illuminate exterior signage and bike racks. Condition No. 5 would require replacement of the non-conforming
exterior lights for the signs on the building’s east and west elevations with lights that conform to the Bozeman
Unified Development Code, specifically full cut off fixtures. Condition No. 6 would require replacement of the
non-conforming bicycle racks with a style that follows the recommendations of the Greater Bozeman Area
Transportation Plan 2007 Update.
Following review of the proposed application with the inclusion of the recommended conditions, staff finds 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.
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.
Staff included a few recommended conditions to divert potential adverse effects of outdoor seating and serving
area. They include the requirement limiting the hours of the outdoor patio area to 11 p.m., the control of audible
news to not exceed past the respectable property lines as to create a noise nuisance, and the serving of alcohol to
customers must be confined within the patio fenced area.
Following review of the proposed application with the inclusion of the recommended conditions, staff finds that
the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the
public hearing proves otherwise.
3. That any additional conditions stated in the approval are deemed necessary to protect the public health,
safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special
yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring
street, service road or alley dedications and improvements or appropriate bonds; regulation of points of
vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of
noise, vibrations and odors; regulation of hours for certain activities; time period within which the
proposed use shall be developed; duration of use; requiring the dedication of access rights; other such
conditions as will make possible the development of the City in an orderly and efficient manner.
Staff has identified, through the review process, recommended project conditions that are included to protect the
public health, safety, and general welfare. Please see the recommended conditions of approval and findings on
pages 2 and 3 of this report.
Section 38.19.100 “Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City Commission,
Development Review Committee, and when appropriate, the Administrative Design Review Staff, the Design
Review Board or Wetlands Review Board shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
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The development proposal is in conformance with the Bozeman Community Plan including the Community Core
land use designation. The outdoor seating area currently adds vitality to this restaurant use on East Main Street.
Based upon the review of this specific site and context, the proposed serving of alcohol in the outdoor patio area
is in conformance with the Community Core 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:
Code Provisions:
A. Section 38.19.110.F 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 38.19.110.I. Termination/ Revocation of Conditional Use Permit approval:
1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory
requirements. Over time these things may change and the use may no longer be appropriate to a location. A
conditional use permit will be considered as terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the site for a period of two
continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is granted;
c. The use or development of the site is not begun within the time limits of the final site plan approval in Section
38.19.130, BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a
new conditional use permit application, or a determination by the Planning Director that the local circumstances
and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal
by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit
may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities must comply
with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City
may revoke the approval through the procedures outlined in Section 38.34.160, BMC.
C. Section 38.28.060 states that a Sign Permit Application shall be reviewed and approved by the Planning
Department prior to the construction and installation of any new on-site signage.
E. Section 38.34.100 states upon an approved sketch, site plan, certificate of appropriateness, conditional use
permit or planned unit development (hereinafter referred to as "plan"), and after any appeals have been resolved, a
building permit for the site may be requested and may be granted, provided such building permit is granted within
one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year
from the planning director. In such instances, the planning director shall determine that the terms and
circumstances have not significantly changed since the initial approval.
F. Section 38.39.030.A requires that the applicant shall provide certification by the architect, landscape architect,
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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 review process will 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
No changes proposed to the site plan elements. The outdoor seating area currently exists and no modifications are
proposed to the 20’ x 40’ size.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
There are 54 parking spaces on the 611 East Main Street property. The property at 777 East Main Street adds an
additional 87 parking spaces. The shared parking agreement between the two properties has existed for over a
decade and has demonstrated a working model that Staff believes should continue in the future.
The outdoor restaurant serving area on the patio was approved in 2002. The only additional restaurant serving
area being considered with this Conditional Use Permit application is 698 square feet of future interior serving
area (where pool tables are currently located). Therefore, the impact of the existing traffic and parking conditions
is minimal. Though the addition of serving area is minimal, Staff did request the applicant to include a traffic
impact study that examined trip generation, hours of operation, quantity of required parking spaces for all
potential uses. The study indicates that adequate parking exists to meet the demand of existing uses as well as
meets technical requirements. (Note: The 10% parking reduction available to the property for transit availability
wasn’t applied in the traffic study, hence demonstrating the shared use is working before available parking
reductions are applied). The traffic impact study shows the parking lot filling the most between the hours of 4 and
8 p.m. However, the parking demand is never shown to exceed the 141 available spaces.
Staff is requiring the long-term shared use agreement to be revised so that it is revocable with City Commission
approval and runs with the term of the designated uses (per conditional approval).
Overall, Staff finds the proposed shared use parking agreement as the best arrangement for parking for both
properties.
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.
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 existing landscaping meets the landscape requirements. No changes are required or proposed.
8. Open space
As a commercial project, there is no open space or parkland dedication components required of this project.
9. Building location and height
The outdoor patio space currently exists (constructed in 2002). No physical alterations are proposed for the
existing buildings. The location and building heights will remain unchanged.
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10. Setbacks
Not applicable. No new construction proposed with the application.
11. Lighting
Non-conforming exterior lighting was identified illuminating the exterior wall signs on the building’s east and
west elevations. Because of the potential nuisance the light might have on the neighboring properties, as well as
the customers enjoying the outdoor seating area, Staff is requiring the removal of the lights in the recommended
conditions of approval.
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
Not applicable. No new construction proposed with the application.
16. Signage
No signage is requested as part of this application.
17. Screening
The existing roof mounted mechanical equipment on the building was not required to be screened with the
original Conditional Use Permit application in 1999. Staff didn’t find a direct correlation between the addition of
outdoor serving area and interior seating area with the requirement of screening the mechanical equipment.
Therefore, it is not included as a recommended condition of approval.
18. Overlay district provisions
Not applicable. The outdoor patio area was already approved in a previous Certificate of Appropriateness
application.
19. Other related matters, including relevant comment from affected parties
No public comment has been received to date in regards to this application.
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
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the sale of individual lots will not cause one or more elements of the development to become
nonconforming.
The proposed shared use parking agreement includes a mutual and reciprocal access easement which addresses
the concern mentioned above.
Conclusion/Recommendation
The Development Review Committee and Staff have reviewed the Montana Ale Works Restaurant Outdoor Patio
Seating/On Premise Consumption of Alcohol Conditional Use Permit application 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 report. The applicant must comply with all provisions of the Bozeman
Unified Development Code, 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.
Attachments: Applicant’s Submittal Materials
Report Sent to:
611 East Main Street, LLC, 101 E. Main St., Ste. D, Bozeman, MT 59715
Bechtle Architect, 3991 Valley Commons Dr., Ste. 100, Bozeman, MT 59718
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ALEWORKS CUP
ADJACENT PROPERTY OWNERS LIST
(200 FEET OF SITE)
NORTH FORTY LLC
PO BOX 1648
BOZEMAN, MT 59771-1648
BROOKS GENE S
MAIL TO: DONALD KENT
1285 HIDDEN VALLEY RD
BOZEMAN, MT 59718-1402
AG DEPOT INC
PO BOX 1349
BOZEMAN, MT 59771-1349
R G PROPERTIES LLC
PO BOX 1349
BOZEMAN, MT 59771-1349
PISCES PROPERTIES LLC
PO BOX 6563
BOZEMAN, MT 59771-6563
777 BUILDING LLC
101 E MAIN ST STE D
BOZEMAN, MT 59715-4796
PHILLIPS LEE C &
702 E MAIN ST
BOZEMAN, MT 59715-3862
CITY OF BOZEMAN
PO BOX 1230
BOZEMAN, MT 59771-1230
SIMGRAF CORPORATION
PO BOX 938
BOZEMAN, MT 59771-0938
EMPIRE BUILDING MATERIALS INC
PO BOX 220
BOZEMAN, MT 59771-0220
EAST MAIN MARKETPLACE LLC
544 E MAIN ST
BOZEMAN, MT 59715-3766
HAJ JAVAD LLC
PO BOX 186
BOZEMAN, MT 59771-0186
DECKER BUILDING LLC
539 E MAIN ST
BOZEMAN, MT 59715-3765
PERKINS LIMITED LIABILITY CO
802 TURNBERRY CT
BOZEMAN, MT 59715-8759
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Narrative Statement for Updated Conditional Use Permit
Montana Ale Works
611 East Main, Bozeman, MT
The purpose of this narrative is to request approval regarding the renewed shared parking
agreement between Montana Ale Works and the 777 building, and to clearly document the evolution
of Montana Ale Works from its origination in 1999 to present.
A. Timeline - History of Applications
Below is a list of applications/ approvals/ correspondence contained in the file currently archived at
the City of Bozeman planning office:
• 9/20/99 – City Commission approves CUP/ COA/ Dev #Z-99108 for 611 East Main for use of
space as a restaurant with alcoholic beverage service and gaming
• 10/16/99 - City Commission approved change from B-2 to B-3, lessening parking
requirements
• 3/16/00 – Montana Ale Works opens with beer & wine/ gaming
• 12/21/01 – Montana Ale Works receives approval for all beverage
• 7/2/02 – Patio approved; Re-use/ Re-development application R-#02017
• 11/5/04 – Approved for conversion of pool space into dining space to create the “East
Lounge” and corresponding change to parking.
• 4/11/05 – Approved for addition of new cooler (extension of existing cooler to the east).
• 12/13/06 – Approved for Rail Car Remodel
• 12/09 – Conversion of “Leather Lounge” into bathrooms; conversion of former bathroom
space into “North Bar”.
Changes not found in the planning file:
• Conversion of “Casino” into “Leather Lounge” (2002)
• Conversion of former grill space into kitchen space (2002)
• Remodel of Grill Room (2002)
Note: The changes to Montana Aleworks not found in the planning file were instituted via
building permits received from the City of Bozeman. The attached required parking analysis and
traffic study takes into consideration all existing seating and all proposed future seating.
B. Existing Versus What is Proposed
• Montana Ale Works is taking this opportunity to seek approval for additional future interior
seating as shown on the attached Drawing A2.1. Future seating will replace the existing
billiard tables and will add approximately 698 square feet of area.
• No changes to the exterior of the building are proposed. During preliminary conversations
regarding this application, the City of Bozeman planning department indicated that approval
for the existing outdoor patio seating was never properly approved by the City. Approval for
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Montana Ale Works
CUP Application Narrative
2 of 4
the outdoor patio was found in the archived file at the Planning Office in a document dated
7/02/02 Re-use/ Re-development application R-#02017 (see above).
• Please find attached letter from the Montana Department of Revenue which approves the
serving of alcohol beverages on the existing outdoor patio.
C. Description of How CUP Criteria is Being Met
a. Description of how the property has been operated since opening
Montana Ale Works was originally intended to be primarily an ale house with food
service as a secondary function. Over the years the establishment has become the
opposite—the restaurant comprises 60% or their business while alcohol service has
become secondary, constituting 40% of their business. This shift in function resulted in
the changes over the years: expansion of the kitchen, addition of the food cooler, and
the conversion of the casino to seating. The bathrooms were recently relocated to the
east end of the building to allow for more centrally located and desirable seating.
The goal of Montana Ale Works is to be a gathering place for everyone. They have a
stringent protocol to intentionally serve alcohol responsibly and have never had an
incident requiring law enforcement intervention. Montana Ale Works is very conscious of
the risks involved in alcohol service and, therefore, their goal is to be primarily a
restaurant. Because of these goals, Montana Ale Works hasn’t received any complaints
and has maintained strong relationships with adjacent businesses/ property owners.
Montana Ale Works desires and has demonstrated that they serve the community in a
fashion that promotes longevity and sustainability. They have demonstrated strong site
management by regular building upkeep, landscape maintenance, and prompt snow
removal. Montana Ale Works has positioned themselves as stewards of one of the
largest entryway corridor frontages on the east end of Bozeman and they take that
stewardship very seriously—they want to represent Bozeman community values by
keeping their property special and unique.
b. Description of how well the shared parking agreement has worked over time
Montana Ale Works has had a shared parking agreement with the owners of the 777
building for more than a decade and the agreement has proved highly beneficial to both
parties. Montana Ale Works has a strong relationship with the two largest tenants in the
777 building, Galusha Higgens & Galusha and Langlas and Associates, and no complaints
have ever arisen over the parking agreement. In fact, when Sky Federal Credit Union
proposed the drive through on the west side of the 777 building, Galusha Higgens &
Galusha provided a letter which endorsed the reduction in parking required to
accommodate the drive through.
79
Montana Ale Works
CUP Application Narrative
3 of 4
Although Montana Aleworks opens at 4:00 p.m. daily, they typically don’t see significant
business until 6:00 p.m. By this time of the day, 90% of the businesses in the 777
building are closed. Therefore, the shared parking agreement has been a very beneficial
mutual relationship between Ale Works and the 777 Building tenants. The attached
detailed traffic study further demonstrates the effectiveness of the shared parking
agreement.
D. How the site is adequate in size and topography to accommodate such use
Montana Aleworks has been in operation as a restaurant for the past twelve years and the proposed
changes in this CUP application will not have any adverse effects on the abutting properties. Time
has proved that the size and topography of the property is perfectly suited for a restaurant.
Montana Ale Works has become a gathering place for all walks of society and it draws people to
Downtown Bozeman and creates a sense of place and brings vitality to the east end of town. There
adaptive re-use of the railroad freight building and rail car is unique and interesting, and beautifies
the east end of Downtown Bozeman. The outdoor patio allows patrons to interact with Main Street
during warm weather and the rail car allows the same interaction during winter months. Parking is
in the back and side of the building allowing the building to face the street and engage pedestrians.
Landscaping in the front provides a unique green space oasis in contrast to the adjacent urban
streetscape. The existing fence around the outdoor patio area is sufficient to separate the dining
space from the street yet still allows customers to experience Main Street while dining.
E. Montana Aleworks in its Context
The east end of Bozeman is a major entryway corridor and represents the first impression of the
community for visitors. Prior to 2000, the stretch of Main Street from Rouse to the East Main Exit
was deemed by some to be unattractive. In the late 1990’s the owners of Montana Ale Works
envisioned a vibrant gathering place on the east end of town that would bring vitality to relatively
rundown area of Bozeman. Their vision was fulfilled by transforming the existing Northern Pacific
Railroad Freight Building into a restaurant/ ale house. The project set the stage for a series of
development projects that have revitalized the east end of Bozeman—the 777 Building, Nash-Finch
Building, Locati Building, and the Bozeman Public Library among others.
Thanks in large part to Montana Ale Works, the past decade has seen the east end of town become
a beautiful and vibrant part of Bozeman. Montana Ale Works has established good relationships
with the surrounding businesses which have complemented one another. For example, Ale Works
purposefully purchases a significant amount of products from nearby Heeb’s grocery in an effort to
promote locally owned and operated businesses that are meeting the goals and vision of Bozeman’s
growth policy.
F. Montana Ale Works and the City of Bozeman’s Community Plan
Montana Ale Works complies with many of the goals of the City’s growth policy for land us and
community quality. A recent issue of Montana Historian designates Montana Ale Works as, “one of
80
Montana Ale Works
CUP Application Narrative
4 of 4
Bozeman’s finest examples of adaptive reuse of a historic building.” The adaptive reuse of the
Northern Pacific Railroad Freight Building preserves Bozeman’s existing neighborhoods, strengthens
the sense of place in Downtown Bozeman by preserving and strengthening the unique features of
the built environment and is intrinsically sustainable. Montana Ale Works is in close proximity to
public and private services and facilities and with ample bike racks on site and a transit stop on the
corner of Wallace and Main, alternative transportation is strongly encouraged and promoted. Parking
is located in the rear and side of the building, which allows the building itself to anchor and define
the corner of Main and Wallace. The outdoor patio activates the streetscape and serves as a venue
for local events.
G. Aleworks Values
Montana Ale Works is proud to be a gathering place on the east end of Main Street and they strive
to be a positive force in the community. They employ a staff of over 75 people and are locally
owned and operated. They source locally and purchased over $200,000 in Montana Made products
(beef, lamb, pork, produce, draft beer) in 2010. Ale Works seeks to offer the best jobs available in
the area restaurant market, the best dining experience, and the most sustainably sourced menu
feasibly possible.
Montana Ale Works strives to give back to area non-profits that help make Bozeman the unique
place it is. Over the past five years they have partnered with the Gallatin Valley Land Trust and
served as the base for the annual Longest Day of Trails, incentivizing all new memberships by
donating a $25 gift certificate to all new members. Other non-profit partners include the Gallatin
National Forest Avalanche Center, Big Sky Youth Empowerment, KGLT, Gallatin County Food Bank,
and our neighbor across the street, the Bozeman Public Library. Our total giving since the inception
of the program 5 years ago (cash and in-kind) totals over $75,000.
H. Conclusion
Montana Ale Works respectfully asks the City of Bozeman to approve their request to renew the
shared parking agreement and the addition of the future indoor seating. This narrative and the
attached drawings, renewed parking agreement, traffic study, and DOR letter of approval for serving
alcohol on the existing outdoor patio are intended to demonstrate that Montana Aleworks is in
compliance with the City of Bozeman requirements and planning goals.
81
82
83
84
85
86
87
January 23, 2012
Mr. Brian Krueger
Associate Planner
Department of Planning & Community Development
City of Bozeman
20 E Olive St
Bozeman, MT 59771
Reference: Aleworks Parking Analysis
Project No. BOZ-11005
Dear Brian:
The purpose of this letter is to provide a summary of the parking analysis completed for Montana
Aleworks as part of their joint use parking agreement with the 777 Building on East Main Street. As
you know, the Aleworks building sits on an existing site on the northeast corner of the intersection
of East Main Street and North Wallace Avenue. They currently share parking with the existing 777
Building under an existing joint use parking agreement, which is now up for renewal. There are 54
parking spaces on the Aleworks site and 87 spaces on the 777 Building site, for a total of 141
parking spaces available.
Section 18.46.050 of the Bozeman Unified Development Ordinance (UDO) outlines the
requirements for joint use parking facilities. The tables attached to this letter provide a summary of
the calculations completed to address the UDO requirements. Table 1 provides a summary of
general land use information for each business, code-required parking calculations, and ITE Parking
Generation calculations. Tables 2 and 3 provide a summary of daily parking demand variations based
on the code-required parking and ITE Parking Generation methods, respectively. The following
paragraphs provide additional details regarding each calculation method.
The code-required parking demand calculations in Table 1 address the requirements of Section
18.46.040 of the UDO. The calculations are based on indoor and outdoor service area estimates for
Montana Aleworks, while the calculations for the remainder of the businesses are based on 85% of
the gross floor area, consistent with Section 18.46.010 of the UDO. Well over 20% of the parking
demand for each building can be accommodated by the parking spaces immediately adjacent to the
building. Therefore, the UDO stipulation that no more than 80% of parking spaces required can be
provided by shared parking is currently met. No adjustments were made to these calculations to
account for allowable reductions for community commercial development or potential transit
88
Mr. Brian Krueger
January 23, 2012
Page 2
availability. Because these adjustments would result in a net decrease in the number of parking
spaces required, their omission provides a conservative analysis.
The second set of parking demand calculations provided in Table 1 are based on Parking Generation,
3rd Edition published by the Institute of Transportation Engineers (ITE). Similar to ITE’s Trip
Generation manual, this is the most widely accepted source for determining parking generation rates.
Calculations for this method are based on gross floor area and demand rates provided for the most
similar land use available. A side-by-side comparison of the two calculation methods shows a similar
level of parking required for most of the businesses, with the code-required parking calculations
resulting in a slightly higher number of spaces overall.
Table 1 provides a summary of total number of parking spaces required, but it does not address how
the overall demand is affected by the hours of operation for each business or general variations in
parking demand throughout the day. As shown in Tables 2 and 3, these variations can be estimated
by use of the average weekday time-of-day distributions provided in ITE Parking Generation for each
land use. Table 2 shows the time-of-day distributions applied to the code-required parking demand
totals and Table 3 shows the time-of-day distributions applied to the ITE parking demand totals.
Based on this analysis, the maximum number of parking spaces needed throughout the average
weekday for the code-required calculations would be 138 spaces, while the maximum number
resulting from the ITE calculations would be 135 spaces. Therefore, it is our assessment that the
total number of spaces available of 141 adequately meets the number of parking spaces required by
either calculation method.
Please feel free to call me at 922-4325 if you have any questions or would like to discuss these
calculations further.
Sincerely,
Danielle R. Scharf, PE, PTOE, LEED AP
Associate/Senior Transportation Engineer
DRS
encls
c: Trevor Pierson, Bechtle Architects
P:\BOZ_11005_Montana_Aleworks_Parking_PM
89
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3
3
2
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
50
%
8
5
%
7
9
%
7
6
%
9
1
%
9
1
%
1
0
0
%
8
4
%
Pa
r
k
i
n
g
D
e
m
a
n
d
7
1
1
1
0
1
0
1
2
1
2
1
3
1
1
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
10
1
3
1
3
1
3
1
3
1
3
1
4
1
4
1
3
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
22
2
9
3
1
3
0
3
0
3
1
3
2
3
2
2
9
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
8
1
1
1
2
1
1
1
1
1
2
1
2
1
2
1
1
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
35
5
5
5
5
5
5
5
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
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o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
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n
g
D
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m
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n
d
35
5
5
5
5
5
5
5
Pe
r
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n
t
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f
P
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a
k
P
e
r
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o
d
68
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9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
12
2
2
2
2
2
2
2
12
2
1
7
5
1
0
9
1
2
4
1
3
3
1
3
4
1
3
8
1
1
5
1
0
9
1
2
5
1
1
3
9
6
9
4
7
5
5
5
4
7
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Pe
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P
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25
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%
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%
5
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5
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%
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Pa
r
k
i
n
g
D
e
m
a
n
d
33
9
7
1
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3
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Pe
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t
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P
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P
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r
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d
2
4
%
4
2
%
5
4
%
7
3
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8
1
%
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0
0
%
1
0
0
%
1
0
0
%
5
1
%
4
0
%
4
0
%
7
9
%
Pa
r
k
i
n
g
D
e
m
a
n
d
4
6
8
1
1
1
2
1
5
1
5
1
5
8
6
6
1
2
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
53
%
8
6
%
1
0
0
%
9
8
%
9
1
%
8
6
%
8
1
%
5
7
%
6
9
%
Pa
r
k
i
n
g
D
e
m
a
n
d
23
3
3
3
3
2
2
2
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
53
%
8
6
%
1
0
0
%
9
8
%
9
1
%
8
6
%
8
1
%
5
7
%
Pa
r
k
i
n
g
D
e
m
a
n
d
23
4
4
4
3
3
2
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
50
%
8
5
%
7
9
%
7
6
%
9
1
%
9
1
%
1
0
0
%
8
4
%
Pa
r
k
i
n
g
D
e
m
a
n
d
7
1
1
1
0
1
0
1
2
1
2
1
3
1
1
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
7
9
1
0
1
0
9
1
0
1
0
1
0
9
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
15
2
0
2
1
2
1
2
1
2
1
2
2
2
2
2
0
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
57
8
8
8
8
8
8
7
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
23
3
3
3
3
3
3
3
Pe
r
c
e
n
t
o
f
P
e
a
k
P
e
r
i
o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
i
n
g
D
e
m
a
n
d
34
4
4
4
4
4
4
4
Pe
r
c
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n
t
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f
P
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a
k
P
e
r
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o
d
68
%
9
0
%
9
6
%
9
5
%
9
4
%
9
6
%
1
0
0
%
9
9
%
9
2
%
Pa
r
k
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n
g
D
e
m
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n
d
11
1
1
1
1
1
1
1
4
6
4
1
6
2
7
4
7
8
7
8
8
1
7
5
7
3
9
9
1
1
3
1
3
5
1
3
3
1
0
6
7
7
6
7
*E
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To
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:
Br
a
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C
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Ra
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Av
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w
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Ba
r
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h
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w
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l
l
92
93
94
95
96
97
98
99
100
10
1
102
103