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HomeMy WebLinkAboutBridger Brewing Company Conditional Use Permit and Zoning Variance, Z-12103 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner Tim McHarg, Planning Director SUBJECT: Bridger Brewing Company: A Conditional Use Permit and Zoning Variance application to allow tenant improvement of a lease space in the Town & Country Foods building addressed as 1607 – 1611 South 11th Avenue for a restaurant and brewery use. The tenant improvement also includes a small 740-square foot addition to the front of the existing building (enclosing an existing patio space) with related landscape modifications. The conditional use permit is required for the permission of alcohol to be sold for on-premise consumption and the variance requested is from Section 38.10.030 of the Bozeman Municipal Code (BMC), “Lot coverage and floor area,” to allow the existing building’s non-conforming footprint to increase by approximately 2 percent with the addition and exceed 5,000 square feet. The specific tenant space being considered is addressed as 1609 South 11th Avenue. MEETING DATE: June 25, 2012 AGENDA ITEM TYPE: Action (Quasi-Judicial Hearing) RECOMMENDATION: Staff is recommending conditional approval of the Bridger Brewing Company Conditional Use Permit and Zoning Variance application. The recommended conditions are listed on pages 3 and 4 of the staff report. RECOMMENDED MOTION: I move to approve the Conditional Use Permit and Zoning Variance application Z-12103 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria. BACKGROUND: The Conditional Use Permit (CUP) and Zoning Variance application is requesting to allow tenant improvement of a lease space in the Town & Country Foods building addressed as 1607 – 1611 South 11th Avenue for a restaurant and brewery use. The tenant improvement also includes a small 740-square foot addition to the front of the existing building (enclosing an existing patio space) with related landscape modifications. The Town and Country Foods building, within which the Bridger Brewing Company business is proposed, is the result of an extensive remodel and reuse of the Campus West Theatres that was approved by the City Commission in 2008 (Project #Z-08327 Town and Country/Campus Square Site Plan). The restaurant use and space for the use within the building was expressly reviewed during the site plan for the Town and Country Grocery. The traffic studies, parking calculations, and layout were all considered with a restaurant use on site in the tenant space now proposed for Bridger Brewing Company. 49 Another restaurant business (Dante’s Restaurant) previously requested a CUP for on-premise consumption of alcohol in 2010 for the same space that Bridger Brewing Company is now proposing their business. That request received preliminary approval by the City Commission, but final site plan approval of the proposal was never issued. Therefore, Bridger Brewing Company was required to submit a new CUP application for their proposal. The proposal to permit on-site consumption of alcohol triggers the requirement for CUP review and approval by the City. Unlike the previous restaurant proposal, Bridger Brewing Company is proposing a small addition to the existing building. The addition is approximately 740 square feet in size and is essentially enclosing the existing outdoor patio/seating area and some perimeter landscaping. The primary brewing production area for the restaurant will be within the area of the addition. A roof/patio outdoor seating is also proposed for the top of the addition (possibly as a future phase). The building addition is triggering the need of a variance from the zoning code. The Town and Country Foods building is located within B-1 zoning, which establishes a maximum building footprint size of 5,000 square feet. The current building is already far exceeding that maximum because it reused the original Campus West Theatres’ building, which was built before the current zoning standard was in place. Planning Staff is treating the small addition as an increase to the existing non-conformity. Therefore, a variance is required. The variance is requested from Section 38.10.030 of the Bozeman Municipal Code (BMC), “Lot coverage and floor area,” to allow the existing building’s non-conforming footprint to increase by approximately 2 percent with the addition and exceed 5,000 square feet. The operation of the Bridger Brewing will initially operate under a State of Montana Brewer’s license, which allows for the sale of the product produced on site for on-premises sales from 10:00 a.m. to 8:00 p.m. and on-premises consumption until 9:00 p.m. The brewer’s license will also allow the sale of the product for off-premises consumption (by the sale of growlers and kegs). The Development Review Committee reviewed the application and forwarded a recommendation of approval, with Staff’s recommended conditions and code provisions, to the City Commission at their public meeting on June 13, 2012. 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: June 14, 2012 Attachments: Staff Report Application materials 50 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 1 City Commission Staff Report for the Bridger Brewing Company Conditional Use Permit (CUP) and Zoning Variance Application - #Z-12103 Item: A Conditional Use Permit and Zoning Variance application to allow tenant improvement of a lease space in the Town & Country Foods building addressed as 1607 – 1611 South 11th Avenue for a restaurant and brewery use. The tenant improvement also includes a small 740-square foot addition to the front of the existing building (enclosing an existing patio space) with related landscape modifications. The conditional use permit is required for the permission of alcohol to be sold for on- premise consumption and the variance requested is from Section 38.10.030 of the Bozeman Municipal Code (BMC), “Lot coverage and floor area,” to allow the existing building’s non-conforming footprint to increase by approximately 2 percent with the addition and exceed 5,000 square feet. The specific tenant space being considered is addressed as 1609 South 11th Avenue. Property Owner: Town and Country Foods, Inc., 1611 South 11th Avenue, Bozeman, MT 59715 Applicant: David Breck, PO Box 3155, Bozeman, MT 59772 and Spanish Peaks Engineering & Consulting, LLC, c/o David Sigler, PO Box 114, Bozeman, MT 59771 Date: City Commission Meeting June 25, 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 building where the subject tenant space is within is located on the west side of South 11th Avenue between West Lincoln Street and West Kagy Boulevard and is addressed as 1607 – 1611 South 11th Avenue. The site is directly across the street from the Montana State University Campus. The site is legally described as Lots 3, 4, 8, and 9 of the Tai Lane Addition, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is B-1 (Neighborhood Business District). Please refer to the vicinity map provided below. 51 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 2 Map 1 Proposal The Conditional Use Permit (CUP) and Zoning Variance application is requesting to allow tenant improvement of a lease space in the Town & Country Foods building addressed as 1607 – 1611 South 11th Avenue for a restaurant and brewery use. The tenant improvement also includes a small 740- square foot addition to the front of the existing building (enclosing an existing patio space) with related landscape modifications. The Town and Country Foods building, within which the Bridger Brewing Company business is proposed, is the result of an extensive remodel and reuse of the Campus West Theatres that was approved by the City Commission in 2008 (Project #Z-08327 Town and Country/Campus Square Site Plan). The restaurant use and space for the use within the building was expressly reviewed during the site plan for the Town and Country Grocery. The traffic studies, parking calculations, and layout were all considered with a restaurant use on site in the tenant space now proposed for Bridger Brewing Company. Another restaurant business (Dante’s Restaurant) previously requested a CUP for on-premise consumption of alcohol in 2010 for the same space that Bridger Brewing Company is now proposing their business. That request received preliminary approval by the City Commission, but final site plan approval of the proposal was never issued. Therefore, Bridger Brewing Company was required to submit a new CUP application for their proposal. The proposal to permit on-site consumption of alcohol triggers the requirement for CUP review and approval by the City. Unlike the previous restaurant proposal, Bridger Brewing Company is proposing a small addition to the existing building. The addition is approximately 740 square feet in size and is essentially enclosing the existing outdoor patio/seating area and some perimeter landscaping. The primary brewing production area for the restaurant will be within the area of the addition. A roof/patio outdoor seating is also proposed for the top of the addition (possibly as a future phase). The building addition is triggering the need of a variance from the zoning code. The Town and Country Foods building is located within B-1 zoning, which establishes a maximum building footprint size of 5,000 square feet. The current building is already far exceeding that maximum because it reused the original Campus West Theatres’ building, which was built before the current zoning standard was in place. Therefore, the small addition is an increase to the existing non-conformity and requires a 52 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 3 variance per BMC Section 38.32.050(c): If a lawful nonconforming structure is proposed to be changed or expanded in a manner which would increase the degree of nonconformity, or would create a new nonconformity, a deviation or variance shall be properly granted prior to or in conjunction with the site development approval required in articles 16, 17, and 19 of this chapter. The variance is requested from Section 38.10.030 of the Bozeman Municipal Code (BMC), “Lot coverage and floor area,” to allow the existing building’s non-conforming footprint to increase by approximately 2 percent with the addition and exceed 5,000 square feet. The operation of the Bridger Brewing will initially operate under a State of Montana Brewer’s license, which allows for the sale of the product produced on site for on-premises sales from 10:00 a.m. to 8:00 p.m. and on-premises consumption until 9:00 p.m. The brewer’s license will also allow the sale of the product for off-premises consumption (by the sale of growlers and kegs). The Development Review Committee reviewed the application and forwarded a recommendation of approval, with Staff’s recommended conditions and code provisions, to the City Commission at their public meeting on June 13, 2012. Recommendation Staff supports approval of the requested Conditional Use Permit and Zoning Variance application for the reasons addressed below under the SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE REVIEW SECTIONS (beginning on page 4 of this report). Conditions are provided for consideration, please note that these conditions are in addition to the required code provisions noted within this report. Staff Recommended Conditions Planning Conditions: 1. A floor plan showing the proposed outdoor serving area shall be included in the final site plan submittal. 2. Alcohol shall only be served within the serving spaces of the building and roof deck patio as shown on the submitted floor plans in the final site plan submittal. Alcohol shall not be served on the surrounding lawn and yard area outside. 3. The applicant shall obtain a Montana State Department of Revenue liquor/alcohol license for Bridger Brewery Company at 1609 South 11th Avenue and provide the Department of Planning a copy of the license prior to the sale of alcoholic beverages. The serving areas shown on the State liquor license application must be the same as what is demonstrated in the Bridger Brewing Company final site plan. 4. The applicant shall obtain a City of Bozeman Liquor License and provide the Department of Planning & Community Development with a copy of the license prior to the sale of alcoholic beverages. 5. If any catering with alcoholic beverages occurs, the applicant shall obtain a catering endorsement from the Department of Revenue, Liquor Division, as well as a City catering license, for each catered event. 6. The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections 53 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 4 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. 7. 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. 8. The common signage plan for the Town and Country Foods building shall be amended to reflect the proposed location of the restaurant and brewery business signage. A sign Permit shall be reviewed and approved by the Planning Department prior to the construction and installation of any on-site signage affiliated with the restaurant and brewery business. 9. A watercourse setback planting plan and noxious weed management and revegetation plan for the un- named water tributary at the southwest corner of the building’s property, which follows the guidelines specified in Section 38.23.100.2.e.5 and Section 38.23.100.2.f BMC, shall be included on the landscape plan submitted with the final site plan submittal and implemented on the property prior to final occupancy of the new restaurant and brewery business. 10. The landscaping required as a component of the final site plan Z-08237 (Town and Country/Campus Square Site Plan) that has died shall be replaced with like or similar plants and be in good condition prior to the final occupancy of the new restaurant and brewery business. The installation of the corrective landscaping shall not be eligible for an improvements agreement with an associated financial guarantee. 11. The final site plan submittal shall include a scaled site plan for the entire property addressed as 1607 – 1611 South 11th Avenue. 12. The final site plan submittal shall include a scaled landscape plan for the entire property addressed as 1607 – 1611 South 11th Avenue and shall clearly show all landscaping changes or additions to the current landscape plan for the property. 13. A color palette for the building that includes actual material samples and color chips shall be submitted for review and approval by Administrative Design Review staff prior to Final Site Plan approval. The materials/color palette shall be presented on a board no larger than 24” x36” in size and contain all the primary materials to be utilized on the building including window/storefront frames and doors, and any proposed fencing or screening proposed on the site. All final building elevations and details shall be keyed to the color palette to delineate where each individual building material and color is specified. The palette shall be returned to the applicant following approval. 14. Upon submitting the final site plan application for approval by the Planning Director, and prior to issuance of a building permit, the applicant shall submit a written narrative outlining how each of the above conditions of approval and code provisions have been satisfied. Engineering Conditions: 15. The applicant shall prepare a sewer capacity analysis for the proposed development to determine whether there is adequate sewer capacity. Any deficiencies identified in the sewer capacity report would need to be alleviated before any future development could occur. Zoning Designation & Land Uses 54 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 5 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 are adjacent to the subject property: North: Developed lots. MSU Endowment & Research Foundation offices, the Tai Lane Apartments, and commercial building, zoned R-O (Residential Office District) and B-1. South: Developed lots. University Apartments, zoned R-4 (High Density Residential District). East: South 11th Avenue corridor and MSU Brick Breeden Fieldhouse, zoned PLI (Public Lands and Institutions District). West: Undeveloped lots. An un-named watercourse/drainage swale and county zoned land. Adopted Growth Policy Designation The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Neighborhood Commercial.” The “Neighborhood Commercial” classification is the smallest scale of the commercial land use designations and is oriented to serving the needs of neighborhoods. This category is typified by smaller scale shops and services and a high level of pedestrian, bicycle, and transit opportunities. Neighborhood Commercial centers are intended to support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. High density residential areas are in close proximity to facilitate the provision of services and opportunities to persons without requiring the use of an automobile. Activities commonly expected in this classification are daycares, smaller scale grocery, bakeries, retail stores, offices, small restaurants, and residences above other activities. Multiple story buildings are encouraged to establish a unique visual character to these areas. Review Criteria & Staff Findings Section 38.19.100 “Plan Review Criteria” In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria: 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 Neighborhood Commercial land use designation. 2. Conformance to this title, including the cessation of any current violations; During the review of this application, Staff identified several areas of dead landscaping on the property, which was landscaping that was required as a component of the approval for the Town and Country/Campus Square Site Plan. The correction of the failed landscaping is required and such requirement is included in Condition No. 10. Staff is working with the applicant and property owner to develop a plan for replacement of the dead landscaping. Given the time of year, Staff believes there is sufficient amount of time to replace the dead landscaping prior to winter and therefore, is not permitting the option for a financial guarantee for the replacement landscaping. 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 55 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 6 requirements of the Bozeman Municipal Code or state law. The following code provisions must be addressed in the final site plan submittal: A. A construction management plan shall be submitted with the final plan submittal including provisions for a construction trash enclosure. For applications other than those classified as sketch plan reviews per Section 38.19.050, the applicant shall designate a temporary enclosed refuse storage area on the site plan, including a typical detail with dimensions and type of materials, for the storage and collection of building material debris during the construction phase of the project, and that said debris area is shown accordingly on the final plan. B. Section 38.19.110.F states that the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure/ and that all of the conditions shall constitute restrictions running with the land use, shall apply and adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder’s office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. C. 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. 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. D. Section 38.19.120 requires the applicant to submit seven (7) copies a Final Site Plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. D1. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; 56 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 7 however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. E. Section 38.19.120 requires that the final site plan shall contain the materials required in 39.41.080.A.2.g.7. 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). F. Section 38.19.160 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. G. Section 38.21.050.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 utilities, air exchange/conditioning units, transformers, 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.” H. Section 38.23.150.D.7.a requires that all outdoor lighting, whether or not required by this section, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. I. Section 38.23.150.D.7.b requires that all outdoor lighting fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. J. Section 38.23.150.D.7.c requires that all site lighting other than pathway intersection lighting and security lighting all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. K. Section 38.26.100, requires all installed landscaping to be maintained. L. Section 38.28.060 outlines the amount of permitted signage for the property. A Sign Permit shall be reviewed and approved by the Planning Department prior to the construction and installation of any on- site signage for the restaurant use/business. All final building elevations and site plans shall show the signage allowed in compliance with this section. M. Section 38.34.100 states that a building permit shall be obtained within one year of final approval, or said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an extension of one additional year from the Planning Director. N. Section 38.39.030 requires that the applicant shall provide for private improvements certification by the architect, landscape architect, engineer and other applicable professionals that all improvement including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or other requirement elements were installed in accordance with the approved site plan, plans and specifications. 57 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 8 O. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. P. Sewer and water services shall be shown on the Final Site Plan and approved by the Water/Sewer Superintendent. Q. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. R. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code shall be installed with any development responsible for food preparation. In accordance with Municipal Code, on-site maintenance and interceptor service records shall be kept on a regular basis and made available to the City upon request. S. A Pretreatment Program Sanitary Sewer Survey shall be completed by the Applicant and submitted to the Engineering Department prior to final site plan approval. 3. Conformance with all other applicable laws, ordinances, and regulations; The final site plan application 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; The proposed building addition is very small in scale when compared to the existing building. The addition is about a 2% increase to the total building footprint. Staff finds the addition as appropriate for the site plan elements. Though outdoor seating and landscaping are being displaced with the addition, both are planned to be replaced in different areas of the site (outdoor seating moved to a roof deck seating area and landscaping moved to a neighboring bed). 5. The impact of the proposal on the existing and anticipated traffic and parking conditions; As demonstrated in the application materials, the site provides adequate parking for all uses, including the addition of a restaurant use. The original Town and Country site plan development planned for a restaurant use in the proposed Bridger Brewing Company space, therefore adequate parking was planned from the beginning. With the proposed Bridger Brewing serving area square footages, the restaurant’s parking demand is 42 spaces (following a 50% parking reduction for restaurant uses because of the building’s location in a B-1 zoning district designated as neighborhood commercial). The entire building’s parking demand is 116 spaces, while 203 spaces are provided in the parking lot. The traffic study for the Town and Country/Campus West Site Plan included all uses for consideration of traffic impacts including restaurant uses. All traffic concerns were mitigated with the site plan project. 6. Pedestrian and vehicular ingress and egress; Vehicular access to the site will not be modified. Pedestrian ingress and egress is proposed to occur right off the front South 11th (east) building elevation. The restaurant business will be open the latest in the building, but adequate separation between the other tenant spaces, while still providing emergency egress, will be provided. 58 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 9 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; During the review of this application, Staff identified several areas of dead landscaping on the property. The correction of the failed landscaping, required as a component of the original Town and Country Foods site plan development, is included in Condition No. 10. Given the time of year, Staff believes there is sufficient amount of time to replace the dead landscaping prior to winter and therefore, is not permitting the option for a financial guarantee for the replacement landscaping. Staff also noted that the originally required watercourse setback planting plan and noxious weed management plan, for the un-named tributary in the southwest corner of the property, are/were not implemented. Condition No. 9 is addressing the requirement to have these plans established prior to final occupancy. 8. Open space; None required for this project. 9. Building location and height; The height and location of the building addition conforms to all height and setback standards and is designed similarly to the existing building. 10. Setbacks; The provided yard setbacks still exceed the minimum required with the small building addition. 11. Lighting; If any new lighting is added to the building, it must be shown on the final site plan submittal. 12. Provisions for utilities, including efficient public services and facilities; Engineering is conditioning the applicant to prepare a sewer capacity analysis for the proposed development to determine whether there is adequate sewer capacity. Any deficiencies identified in the sewer capacity report would need to be alleviated before any future development could occur. 13. Site surface drainage; No changes proposed or required. 14. Loading and unloading areas; The addition will not impact loading and unloading areas. 15. Grading; Minimal grading is anticipated on site for the small building addition. 16. Signage; No signage is requested as part of this application. All future signage will require an amendment to the building’s comprehensive sign plan a separate sign permit. 17. Screening; All proposed mechanical equipment shall be screened and shown on the final site plan submittal. 18. Overlay district provisions; Not applicable. 19. Other related matters, including relevant comment from affected parties; 59 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 10 No public comment has been received to date. All comments received prior to the public hearing will be forwarded to the City Commission. 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. The site is subject to reciprocal and perpetual easements so that the sale of individual lots will not cause non-conformities. Section 38.19.110 “Conditional Use Permit” In addition to the review criteria of Section 38.19.100, the review authority shall, in approving a conditional use permit, determine 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. As previously referenced, this property has been designed and approved for restaurant use under final site plan approval #Z-08237. The proposed Bridger Brewing Company restaurant use is located within a building that was reviewed and approved in 2008 by the City Commission through site plan review as part of an extensive remodeling and reuse infill project. The proposal is requesting on-premise consumption of alcohol for within the serving areas of the restaurant business. The site is adequate to accommodate the proposed serving of alcohol. The site is developed to current zoning standards and meets all applicable criteria for a site development. Staff finds the proposed rooftop outdoor patio area as more protected than the existing outdoor patio condition. Due to the design of the building and the fact that the location of this tenant space is in the middle of the building, Staff finds adequate existing “buffer” protection between any possible outdoor noise affiliated with the restaurant use and the adjacent residential uses. 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 mentioned above, Staff does not see the proposed use as having an adverse effect upon the abutting properties. The building has been operating with grocery and cell phone retail since 2009, which creates extensive in-and-out traffic. Staff hasn’t received any complaints from adjoining properties about noise or other nuisance related to the property, with exception to a phone call from a member of the public concerned with the condition of the landscaping on the property (received prior to the submittal of this application). 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; 60 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 11 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 beginning on page 3 of this report. There are a couple of conditions included regarding the poor condition of some of the landscaping on the property. Several plants/trees are dead and are being recommended to be replaced, as all landscaping must be maintained after its installation. Section 38.35.060.C Zoning Variances: Criteria for Consideration and Decision In acting on an application for a variance, the City Commission shall designate such lawful conditions as will secure substantial protection for the public health, safety, and general welfare, and shall issue written decision setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance: 1. The variance will not be contrary to and will serve the public interest; The variance requested is from Section 38.10.030 of the Bozeman Municipal Code (BMC), “Lot coverage and floor area,” to allow the existing building’s non-conforming footprint to increase by approximately 2 percent with the addition and exceed 5,000 square feet. Overall, Staff finds the addition to be small enough in scale and size that it will not be contrary to the public interest. The addition is occurring to the front of the building, which is the most appropriate area for small scale additions to occur as there is still plenty of room to provide the minimum front yard setback off South 11th Avenue. Staff doesn’t find the addition to be contrary to the adjacent residential public interest (to the south and west). Rather, Staff believes it is to the benefit of the adjacent residential properties to provide greater separation between the restaurant’s outdoor patio space and the general public (non- restaurant customer) by raising the outdoor space to the roof/second floor. During the original review of the Town and Country site plan development, several letters of concern were submitted about the potential of having loud, uncontrolled serving of alcohol in the patio area. The proposed addition removes this potential problem by relocating the outdoor gathering area to a smaller area of the roof, which has a more direct connection with the restaurant’s interior serving area and restaurant staff. 2. The variance is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of the title; Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; The variance is necessary, owing to the unique condition that the existing building is already far exceeding the maximum building footprint size in B-1 zoning. The old Campus Theatres were located on the property prior to the establishment of the B-1 zoning maximum. Therefore, the old theatre was considered a “grandfathered” non-conforming building on the property when the Town and Country Food site plan development was proposed. Because the Town and Country site plan development did not exceed the old theatre building footprint, a variance was not necessary for exceeding the maximum B-1 building footprint size. The enforcement of the literal meaning of the title requires current and future building tenants at 1607 – 61 #Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 12 1611 South 11th Avenue to be restricted to only the interior spaces provided from the original building remodel/reuse. This creates a hardship for the proposed restaurant use because of the desired brewing operation. Located the brewing operation within the interior tenant space is financially and structurally difficult, and potentially impossible, due to the building code requirements triggered with the increase in building load and water drainage from the brewery equipment. Staff finds that this variance is necessary owning to conditions unique to the property and because of the unnecessary hardship that would result from the enforcement of the literal meaning of the title. 3. The variance will observe the spirit of this title, including the adopted growth policy, and do substantial justice. Providing an opportunity for a local restaurant business to serve alcohol to its customers follows and observes the spirit and standards of the Bozeman Municipal Code (as established through the Conditional Use Permit process). Providing an opportunity for a local restaurant business to be located within the existing building directly correlates with the growth policy’s neighborhood commercial land use designation which emphasizes businesses that support their surrounding neighborhoods by providing a visible and distinctive focal point. The proposed restaurant use, in combination with the service oriented grocery and cell phone retail businesses, will allow the Town and Country Foods building to become that visible and distinctive focal point. Public Comment As of the writing of this staff report, the Department of Planning has received no testimony from the general public in response to the mailings, posting or newspaper notice regarding the requested variance application. Any public comments received after the date of this report will be distributed to the City Commission at the public hearing. Conclusion/Recommendation Staff has reviewed the Bridger Brewing Company Conditional Use Permit and Zoning Variance application and recommends to the City Commission approval of said application with the recommended conditions (beginning on page 3) and code provisions (beginning on page 5) 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 Code, Chapter 38 of the Bozeman Municipal Code, which are applicable to this project, prior to receiving final approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Attachments: Applicant’s Submittal Materials Report Sent to: David Breck, PO Box 3155, Bozeman, MT 59772 Spanish Peaks Engineering & Consulting, LLC, c/o David Sigler, PO Box 114, Bozeman, MT 59771 62 1 Bridger Brewing Company – C.U.P. Application for Craft Brewery Project Description: This project is a tenant improvement of a lease space in the recently completed Town & Country Foods building on south 11th. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. Location: 1609 South 11th Ave. Bozeman, MT 59715 The tenant space is located in the Town & Country Foods building which houses the Town & Country Foods store and two tenant spaces. The building was completed and occupancy was permitted in March of 2010 and the onsite landscaping improvements was completed in August 2010. Services: Lunch & Dinner Food Service – Onsite and take-out, Interior and Exterior dining. Catering – Possible future service Beer Service (See Below) Hours of Operation: 10am – 12am The tenant space operating hours are later than the Town & Country Foods store; however, the two spaces have the provision to be locked off from each other. Bridger Brewing Company will have full access to the vestibule and restrooms but will be locked off from the grocery store and the other tenant space (Bling Wireless). Beverage License: Bridger Brewing Company will sell beer brewed on premise under the conditions of a Montana State Brewers License. This license is being applied for simultaneously to this application. Site Plan Checklist This project is a tenant improvement of a lease space. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. Most site plan aspects were submitted, approved, and constructed in the recently completed Town & Country Foods construction. A. Design Review Board Site Plan Review Thresholds 1. No dwelling units. 2. No, 5,695 sq.ft. interior tenant improvement for lease space. 3. Single building 4. No exterior storage of materials or goods. 5. No, business parking is part of Town & Country’s site plan which has been completed. 63 2 B. General Information This project is a tenant improvement of a lease space. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. 1. See drawing Sheet 1 2. See attached list. 3. See drawing Sheet 1 4. Part of the landlord’s, Town & Country, site plan which has been completed. 5. See drawings. 6. See drawings. 7. See drawings. 8. Part of the landlord’s, Town & Country, site plan which has been completed. 9. 5,695 sq.ft. Lease space 10. See drawings. 11. No dwelling units. 12. Part of the landlord’s, Town & Country, site plan which has been completed. 13. Part of the landlord’s, Town & Country, site plan which has been completed. 14. Part of the landlord’s, Town & Country, site plan which has been completed. 15. a. No changes to exterior of building with exception of tenant signage. 15 s.f. allotted, Sign permit will be applied for. b. Part of the landlord’s, Town & Country, site plan which has been completed. c. See Sheet 3 16. Part of the landlord’s, Town & Country, site plan which has been completed. 17. Part of the landlord’s, Town & Country, site plan which has been completed. 18. No property owners association/covenants applicable to this property. C. Site Plan Information This project is a tenant improvement of a lease space. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. 1. Part of the landlord’s, Town & Country, site plan which has been completed. 2. Part of the landlord’s, Town & Country, site plan which has been completed. 3. Part of the landlord’s, Town & Country, site plan which has been completed. 4. Part of the landlord’s, Town & Country, site plan which has been completed. 5. Part of the landlord’s, Town & Country, site plan which has been completed. 6. Part of the landlord’s, Town & Country, site plan which has been completed. 7. a. Part of the landlord’s, Town & Country, site plan which has been completed. b. Part of the landlord’s, Town & Country, site plan which has been completed. c. Part of the landlord’s, Town & Country, site plan which has been completed. d. Part of the landlord’s, Town & Country, site plan which has been completed. e. Part of the landlord’s, Town & Country, site plan which has been completed. 8. a. Part of the landlord’s, Town & Country, site plan which has been completed. b. Part of the landlord’s, Town & Country, site plan which has been completed. c. Part of the landlord’s, Town & Country, site plan which has been completed. d. Part of the landlord’s, Town & Country, site plan which has been completed. 9. Part of the landlord’s, Town & Country, site plan which has been completed. 64 3 10. a. Part of the landlord’s, Town & Country, site plan which has been completed. b. Part of the landlord’s, Town & Country, site plan which has been completed. c. Part of the landlord’s, Town & Country, site plan which has been completed. 11. Part of the landlord’s, Town & Country, site plan which has been completed. 12. Part of the landlord’s, Town & Country, site plan which has been completed. 13. Part of the landlord’s, Town & Country, site plan which has been completed. 14. Part of the landlord’s, Town & Country, site plan which has been completed. 15. Tenant signage to be 15 sq.f.t. as allocated and approved with the Town & Country Signage Plan. Tenant to submit for signage permit. 16. Part of the landlord’s, Town & Country, site plan which has been completed. 17. Part of the landlord’s, Town & Country, site plan which has been completed. 18. Part of the landlord’s, Town & Country, site plan which has been completed. 19. Part of the landlord’s, Town & Country, site plan which has been completed. 20. Part of the landlord’s, Town & Country, site plan which has been completed. 21. Part of the landlord’s, Town & Country, site plan which has been completed. 22. Part of the landlord’s, Town & Country, site plan which has been completed. 23. Part of the landlord’s, Town & Country, site plan which has been completed. 24. Part of the landlord’s, Town & Country, site plan which has been completed. 25. Part of the landlord’s, Town & Country, site plan which has been completed. 26. Project is a tenant improvement of existing commercial space 27. Project is a tenant improvement of existing commercial space. D. Landscape Plan Information This project is a tenant improvement of a lease space. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. 1. Part of the landlord’s, Town & Country, site plan which has been completed. 2. Part of the landlord’s, Town & Country, site plan which has been completed. 3. Part of the landlord’s, Town & Country, site plan which has been completed. 4. Bridger Brewing Company 1609 South 11th Part of the Town & Country Complex located at Lot 9 of Tai Lane Addition, City of Bozeman, Gallatin County, Montana 5. Part of the landlord’s, Town & Country, site plan which has been completed. 6. Part of the landlord’s, Town & Country, site plan which has been completed. 7. Part of the landlord’s, Town & Country, site plan which has been completed. 8. Part of the landlord’s, Town & Country, site plan which has been completed. 9. Part of the landlord’s, Town & Country, site plan which has been completed. 10. Part of the landlord’s, Town & Country, site plan which has been completed. 11. Part of the landlord’s, Town & Country, site plan which has been completed. 12. Part of the landlord’s, Town & Country, site plan which has been completed. 13. Part of the landlord’s, Town & Country, site plan which has been completed. 14. Part of the landlord’s, Town & Country, site plan which has been completed. 15. Part of the landlord’s, Town & Country, site plan which has been completed. 16. Part of the landlord’s, Town & Country, site plan which has been completed. 17. Part of the landlord’s, Town & Country, site plan which has been completed. 18. Part of the landlord’s, Town & Country, site plan which has been completed. 19. Part of the landlord’s, Town & Country, site plan which has been completed. 20. Part of the landlord’s, Town & Country, site plan which has been completed. 21. Part of the landlord’s, Town & Country, site plan which has been completed. 65 Page 1 Appropriate Review Fee Submitted CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s): 9. Current Land Use(s): 10. Bozeman 2020 Community Plan Designation: 11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet: 66 67 Page 3 (Site Plan Checklist – Prepared 12/05/03; revised 9/22/04) SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board (DRB) Site Plan Review Thresholds Yes No 1. 20 or more dwelling units in a multiple household structure or structures 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or industrial space 3. More than two buildings on one site for permitted office uses, permitted retail commercial uses, permitted service commercial uses, permitted industrial uses or permitted combinations of uses 4. 20,000 or more square feet of exterior storage of materials or goods 5. Parking for more than 60 vehicles B. General Information. The following information shall be provided for site plan review: General Information Yes NoN/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 68 Page 4 General Information, continued Yes NoN/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 NoN/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 69 Page 5 Site Plan Information, continued Yes NoN/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. 70 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 NoN/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 71 21 West Babcock St - Bozeman, Montana - 59715 - TEL 406.586.4777 - FAX 406.586.4778 Bridger Brewing Company Parking Calculations 1609 S. 11th Avenue Bozeman, MT 59715 Interior Dining: Parking Requirement 1 stall per 50 s.f. Main Floor: 2,725 s.f. (net)/ 50 = 54.5 spaces required Balcony: 1,000 s.f. / 50 = 20.0 spaces required Exterior Dining: Parking Requirement 1 stall per 100 s.f. 680 s.f. / 100 = 6.8 spaces required Total spaces: 82 with 50% allowable reduction equals 41 spaces T&C Site Plan Application provided: Restaurant allocation = 85 spaces with an allowable 50% reduction 72 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) 73 NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.82.020, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e-mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.82.02 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08) NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.82.020, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.82.02 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08) 74 75 76 77 78 79 80 81 82 83 84 1 Bridger Brewing Company – C.U.P. Application for Craft Brewery Project Description: This project is a tenant improvement of a lease space in the recently completed Town & Country Foods building on south 11th. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. Location: 1609 South 11th Ave. Bozeman, MT 59715 The tenant space is located in the Town & Country Foods building which houses the Town & Country Foods store and two tenant spaces. The building was completed and occupancy was permitted in March of 2010 and the onsite landscaping improvements was completed in August 2010. Services: Lunch & Dinner Food Service – Onsite and take-out, Interior and Exterior dining. Catering – Possible future service Beer Service (See Below) Hours of Operation: 10am – 12am The tenant space operating hours are later than the Town & Country Foods store; however, the two spaces have the provision to be locked off from each other. Bridger Brewing Company will have full access to the vestibule and restrooms but will be locked off from the grocery store and the other tenant space (Bling Wireless). Beverage License: Bridger Brewing Company will sell beer brewed on premise under the conditions of a Montana State Brewers License. This license is being applied for simultaneously to this application. Site Plan Checklist This project is a tenant improvement of a lease space. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. Most site plan aspects were submitted, approved, and constructed in the recently completed Town & Country Foods construction. A. Design Review Board Site Plan Review Thresholds 1. No dwelling units. 2. No, 5,695 sq.ft. interior tenant improvement for lease space. 3. Single building 4. No exterior storage of materials or goods. 5. No, business parking is part of Town & Country’s site plan which has been completed. 85 2 B. General Information This project is a tenant improvement of a lease space. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. 1. See drawing Sheet 1 2. See attached list. 3. See drawing Sheet 1 4. Part of the landlord’s, Town & Country, site plan which has been completed. 5. See drawings. 6. See drawings. 7. See drawings. 8. Part of the landlord’s, Town & Country, site plan which has been completed. 9. 5,695 sq.ft. Lease space 10. See drawings. 11. No dwelling units. 12. Part of the landlord’s, Town & Country, site plan which has been completed. 13. Part of the landlord’s, Town & Country, site plan which has been completed. 14. Part of the landlord’s, Town & Country, site plan which has been completed. 15. a. No changes to exterior of building with exception of tenant signage. 15 s.f. allotted, Sign permit will be applied for. b. Part of the landlord’s, Town & Country, site plan which has been completed. c. See Sheet 3 16. Part of the landlord’s, Town & Country, site plan which has been completed. 17. Part of the landlord’s, Town & Country, site plan which has been completed. 18. No property owners association/covenants applicable to this property. C. Site Plan Information This project is a tenant improvement of a lease space. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. 1. Part of the landlord’s, Town & Country, site plan which has been completed. 2. Part of the landlord’s, Town & Country, site plan which has been completed. 3. Part of the landlord’s, Town & Country, site plan which has been completed. 4. Part of the landlord’s, Town & Country, site plan which has been completed. 5. Part of the landlord’s, Town & Country, site plan which has been completed. 6. Part of the landlord’s, Town & Country, site plan which has been completed. 7. a. Part of the landlord’s, Town & Country, site plan which has been completed. b. Part of the landlord’s, Town & Country, site plan which has been completed. c. Part of the landlord’s, Town & Country, site plan which has been completed. d. Part of the landlord’s, Town & Country, site plan which has been completed. e. Part of the landlord’s, Town & Country, site plan which has been completed. 8. a. Part of the landlord’s, Town & Country, site plan which has been completed. b. Part of the landlord’s, Town & Country, site plan which has been completed. c. Part of the landlord’s, Town & Country, site plan which has been completed. d. Part of the landlord’s, Town & Country, site plan which has been completed. 9. Part of the landlord’s, Town & Country, site plan which has been completed. 86 3 10. a. Part of the landlord’s, Town & Country, site plan which has been completed. b. Part of the landlord’s, Town & Country, site plan which has been completed. c. Part of the landlord’s, Town & Country, site plan which has been completed. 11. Part of the landlord’s, Town & Country, site plan which has been completed. 12. Part of the landlord’s, Town & Country, site plan which has been completed. 13. Part of the landlord’s, Town & Country, site plan which has been completed. 14. Part of the landlord’s, Town & Country, site plan which has been completed. 15. Tenant signage to be 15 sq.f.t. as allocated and approved with the Town & Country Signage Plan. Tenant to submit for signage permit. 16. Part of the landlord’s, Town & Country, site plan which has been completed. 17. Part of the landlord’s, Town & Country, site plan which has been completed. 18. Part of the landlord’s, Town & Country, site plan which has been completed. 19. Part of the landlord’s, Town & Country, site plan which has been completed. 20. Part of the landlord’s, Town & Country, site plan which has been completed. 21. Part of the landlord’s, Town & Country, site plan which has been completed. 22. Part of the landlord’s, Town & Country, site plan which has been completed. 23. Part of the landlord’s, Town & Country, site plan which has been completed. 24. Part of the landlord’s, Town & Country, site plan which has been completed. 25. Part of the landlord’s, Town & Country, site plan which has been completed. 26. Project is a tenant improvement of existing commercial space 27. Project is a tenant improvement of existing commercial space. D. Landscape Plan Information This project is a tenant improvement of a lease space. Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). A sign permit will be applied for independently. 1. Part of the landlord’s, Town & Country, site plan which has been completed. 2. Part of the landlord’s, Town & Country, site plan which has been completed. 3. Part of the landlord’s, Town & Country, site plan which has been completed. 4. Bridger Brewing Company 1609 South 11th Part of the Town & Country Complex located at Lot 9 of Tai Lane Addition, City of Bozeman, Gallatin County, Montana 5. Part of the landlord’s, Town & Country, site plan which has been completed. 6. Part of the landlord’s, Town & Country, site plan which has been completed. 7. Part of the landlord’s, Town & Country, site plan which has been completed. 8. Part of the landlord’s, Town & Country, site plan which has been completed. 9. Part of the landlord’s, Town & Country, site plan which has been completed. 10. Part of the landlord’s, Town & Country, site plan which has been completed. 11. Part of the landlord’s, Town & Country, site plan which has been completed. 12. Part of the landlord’s, Town & Country, site plan which has been completed. 13. Part of the landlord’s, Town & Country, site plan which has been completed. 14. Part of the landlord’s, Town & Country, site plan which has been completed. 15. Part of the landlord’s, Town & Country, site plan which has been completed. 16. Part of the landlord’s, Town & Country, site plan which has been completed. 17. Part of the landlord’s, Town & Country, site plan which has been completed. 18. Part of the landlord’s, Town & Country, site plan which has been completed. 19. Part of the landlord’s, Town & Country, site plan which has been completed. 20. Part of the landlord’s, Town & Country, site plan which has been completed. 21. Part of the landlord’s, Town & Country, site plan which has been completed. 87 Page 3 (Zoning Variance and Appeal Checklist – Prepared 11/26/03; revised 9/22/04) ZONING VARIANCE AND ADMINISTRATIVE APPEAL CHECKLIST The appropriate checklist 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. Zoning Variances. An application for a variance shall be accompanied by a development plan showing such information as the Planning Director may reasonably require for purposes of this title. The plans shall contain sufficient information for the Commission to make a proper decision on the matter. The request shall state the exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include, and shall not be deemed filed until, all of the following is submitted Zoning Variance Information Yes NoN/A 1. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable 2. Location of all existing and proposed buildings 3. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as applicable 4. A clear description of the variance requested and the reasons for the request 5. Justification, in writing of the following: a. Will not be contrary to and will serve the public interest b. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this title c. Will observe the spirit of this title, including the adopted growth policy, and do substantial justice 6. Evidence satisfactory to the City Commission of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of permit B. Administrative Project Decision Appeals. All appeals of Administrative Project Decisions shall include: Administrative Project Decision Appeal Information Yes NoN/A 1. A description of the project that is the subject of the appeal 2. Evidence that the appellant is an aggrieved person as defined in Chapter 18.80 (Definitions), BMC 3. The specific grounds and allegations for the appeal, and evidence necessary to support and justify a decision other than as determined by the Planning Director C. Administrative Interpretation Appeals. All appeals of administrative interpretations shall include: Administrative Interpretation Appeal Information Yes NoN/A 1. A description of the property, if any, that is the subject of the interpretation appeal including: a. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable b. Location of all existing and proposed buildings c. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as applicable 2. The names and addresses of the owners of the property and any other persons having a legal interest therein 3. Evidence to prove that the decision or action of the official for which an appeal is made was incorrect or in violation of the terms of this title 88 June 3, 2012 Bozeman City Planning Department Attn: Allyson Bristor 20 E Olive St P.O. Box 1230 Bozeman, MT 59771 Re: Bridger Brewing Company, LLC Condition Use Permit Variance Request Dear Allyson, The purpose of this letter is to respond to the city’s request to provide a narrative addressing the CUP criteria and for additional information regarding the variance needed for the proposed enclosure for Bridger Brewing Company (BBC) located at 1609 South 11th Ave. SEC/ 38.19.110. – CONDITIONAL USE PERMIT This project is a tenant improvement of a lease space in the recently completed Town & Country Foods building on south 11th. This space is 2,725 SF (net). Changes to the space are all interior with the exception of enclosing 540 square feet of the existing patio and 190 square feet of existing landscaping (740 S.F. total), construction of a second floor patio above the enclosure and the installation of tenant signage on the east face. The 190 square foot loss of landscaping will be mitigated by removing and landscaping the remainder of the existing patio (190 S.F.). 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 proposed use is consistent with the intended us of this space (restaurant) during the original Town & Country Site Plan approval; and thus will have no material adverse effect upon the abutting property. SEC/ 38.35.060. – ZONING VARIANCE BBC proposes to enclose 740 square feet in order to accommodate the accessory brewing component of the restaurant. We believe the proposed variance will not be contrary to and will serve the public interest as described below. The proposed variance observes the spirit of this chapter, including the adopted growth policy, and will do substantial justice by providing a solution that is absolutely necessary as described in section C.2. of this chapter. 89 The proposed enclosure will encompass 550 square feet of existing patio and 190 square feet of existing landscaping. The loss of landscaped area will be mitigated through the removal of an additional 190 square feet of existing patio that will be replaced with landscaping (See Sheet 3); therefore, there will be no net change in landscaped & permeable areas. As noted above, we believe the proposed variance will not be contrary to and will serve the public interest. The proposed business for this location supports local manufacturing, tourism, and agriculture which are in the best interest of the local economy. In addition, by enclosing the existing outdoor seating area for this location and relocating it to the roof over the enclosure; the challenges of controlling the flow of alcohol from this seating area to the general public (particularly during large events at the MSU Field House and Stadium) are alleviated. The proposed additional square footage will add less than 2% area to the existing building and is imperative to successful operations of BBC. The only alternative would be to move the brewing operation inside the existing building however, since the entire existing interior is located on the second floor, this option (if structurally possible) would place unnecessary financial hardship upon the project. The existing floor system is not adequate to carry the necessary loads for the brewing equipment, which would necessitate the construction of a structure over the existing floor that would distribute the live loads down to the main structural elements below (beams & columns). A detailed structural analysis would then need to be completed to determine if there is adequate residual capacity of these structural elements to support more load. If these structural elements have the capacity to support the brewery equipment, then this new floor would need to be elevated in order to install the floor drainage system; and due to the unavoidably wet environment created by the brewing operation, expensive sealing and continual maintenance of the floor will need to be undertaken to avoid leaks to the business below. It is very likely that the time and expense of investigating the option to move the brewing operation indoors is not a viable option for this business. BBC has sufficient financial backing, signed the lease for the premises on May 22, 2012 and is planning to open for business no later than October 1, 2012. Since this work is imperative to the company opening for business and producing revenue, BBC has every intention of getting this work completed in a timely manner. If there is any further information or clarifications that are necessary to proceed with this application, please don’t hesitate to contact us. We believe Bridger Brewing is a perfect complement to this space and we look forward to working together with you to make sure it will benefit the Bozeman Community. Respectfully Submitted, David Breck Spanish Peaks Engineering & Consulting, LLC Enclosures: (As Noted) Cc: File – 08012 90 321 East Main St - Bozeman, Montana - 59715 - TEL 406.587.4051 - FAX 406.587.4053 PARKING CALCULATIONS 1609 S. 11th Avenue Bozeman, MT 59715 Bridger Brewing Company Interior Dining: Parking Requirement 1 stall per 50 s.f. Main Floor: 2,725 s.f. (net)/ 50 = 54.5 spaces required Balcony: 1,000 s.f. / 50 = 20.0 spaces required Exterior Dining: Parking Requirement 1 stall per 100 s.f. 740 s.f. / 100 = 7.4 spaces required Total spaces: 82 with 50% allowable reduction equals 41 spaces T&C Site Plan Application provided: Restaurant allocation = 85 spaces with an allowable 50% reduction Town & Country Site Plan Occupancy SQFT.Floor Area Parking Req.Reduction Parking Req. w/ Reduction Grocery 31,125 26,456 88 40%53 Bridger Brewing Co.4,955 3,725 75 50%38 Exterior Dining 740 740 7 50%4 Tenant 1,810 1,539 5 40%3 Other 1,250 1,063 21 40%13 Subtotal 196 109 Handicap 7 7 Total 203 116 Parking Provided Customer 183 Stalls, 29,710 S.F. Handicap 7 Stalls, 1,653 S.F. Employee Parking 15 Stalls, 2,430 S.F. Total 205 Stalls 91 92 SHEET 2 OF 4 BRIDGER BREWING CO.4,995 SQUARE FEET ADDITIONAL 190 SF OF LANDSCAPING 740 SF ENCLOSURE 93 94 95 96 97 98