HomeMy WebLinkAboutPizza Campania On Premise Consumption of Alcohol Conditional Use permit COA, 1285 N. Rouse Ave.
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Pizza Campania On Premise Consumption of Alcohol Conditional Use
Permit and Certificate of Appropriateness Application #Z-12100
MEETING DATE: June 25, 2012
AGENDA ITEM TYPE: Action-Quasi Judicial
RECOMMENDATION: That the City Commission approves the Conditional Use Permit and
Certificate of Appropriateness Application for Pizza Campania #Z-12100 with the conditions
and code provisions and findings within the staff report.
RECOMMENDED MOTION: “Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application #Z-12100 and move to approve the
conditional use permit and certificate of appropriateness with conditions and subject to all
applicable code provisions”
BACKGROUND: Property owner Montana Avenue Partners, LLC and applicant Broken
Arrow Holdings, LLC have submitted a conditional use permit, certificate of appropriateness
application requesting to allow on premise consumption of beer and wine for an existing
restaurant use both interior and within a new outdoor seating area at 1285 North Rouse Avenue.
A conditional use permit is required for on premise consumption of alcohol in the M-1 zoning
district. The site lies within the Class II Entryway Corridor Overlay District; a Certificate of
Appropriateness is required for any alterations and new construction within the corridor.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the application with the Staff conditions;
2. Approve the application with modifications to the Staff conditions;
3. Deny the application based on a finding of non-compliance with
applicable criteria;
4. Open and continue the public hearing on the application, with specific
direction to Staff or the applicant to supply additional information.
FISCAL EFFECTS: No significant fiscal effect has been identified.
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Attachments: Staff Report, Applicant’s submittal materials
Report compiled on: June 14, 2012
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#Z-12100 Pizza Campania On Premise Alcohol Consumption CUP/COA Staff Report 1
City Commission Staff Report for Pizza Campania On Premise Consumption of Alcohol CUP/COA File #Z-12100
Item: A Conditional Use Permit Application to allow new outdoor restaurant seating with on premise
alcohol consumption at 1285 N. Rouse Avenue, commonly known as the Granary Building at the
Northside Planned Unit Development Bozeman, Montana.
Owner: Montana Avenue Partners, LLC
1006 West Main Street
Bozeman, MT 59715
Applicant: Broken Arrow Holdings, LLC
PO Box 11788
Bozeman, MT 59719
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: Brian Krueger, Associate Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The property is located at 1285 N. Rouse Avenue and legally described as Tract 1, Block 1, Imes
Addition in the SW ¼ S6, T2S, R6E, City of Bozeman, Gallatin County, Montana. The zoning
designation for said property is M-1 (Light Manufacturing District).Please see the following vicinity
map.
Proposal
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The proposal includes the addition of a new outdoor seating area adjacent to an existing commercial
building within the Northside Planned Unit Development. The proposed outdoor seating area is 517.5
square feet in size. The outdoor seating area would is for the use of the approved Pizza Campania
Restaurant. This application is to allow on premise consumption of alcohol (beer and wine) for the
interior restaurant space and outdoor seating area. A conditional use permit is required for any on
premise consumption of alcohol in the M-1 zoning district.
The Northside Planned Unit Development was approved by the City Commission in 2005. The
development includes four buildings and common parking areas, open space, and site improvements.
The final building to be constructed in this development was completed in May 2012. The granary
building is a mixed use building with office, restaurant, and future retail uses. Pizza Campania is the
sole restaurant use within the building. A building permit has been issued for the tenant improvements
for the restaurant and construction is ongoing.
The location of the new outdoor seating for Pizza Campania is proposed in existing open space for the
planned unit development. The applicant and property owner propose a flexible outdoor area that can be
used during the warm season for outdoor restaurant seating and then converted to commons area during
winter.
A certificate of appropriateness has been issued for the outdoor fire pit and west site boundary screen
wall improvements to be completed by the property owner. This application includes the additional
temporary fencing to surround the restaurant outdoor seating area when the restaurant is serving
outdoors during periods of warm weather.
On May 30, 2012 the Development Review Committee recommended conditional approval of this
Conditional Use Permit application and their recommended conditions, code citations and comments are
included in this report.
Recommended Conditions of Approval
Based on the subsequent analysis, the Development Review Committee and Staff find that the
application, with conditions and code provisions, is in general compliance with the adopted Growth
Policy and the City of Bozeman Unified Development Code. The following conditions of approval are
recommended. Please note that these conditions are in addition to the required code provisions
beginning on page 4 of this report.
Planning Department Recommended Conditions:
1. A copy of the amended State Revenue Department liquor licenses for all establishments shall be
submitted to the Department of Planning & Community Development prior to the sale of alcoholic
beverages.
2. The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections
38.19.110.I and 38.34.160 based on substantial complaints from the public or from the Police
Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession
of alcohol, or any other applicable law regarding consumption and/or procession of alcohol.
3. 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.
Conclusion/Recommendation
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The DRC and Staff have reviewed the Pizza Campania On Premise Consumption of Alcohol
Conditional Use Permit and recommends to the City Commission approval of said application with the
conditions and code provisions outlined in this staff report. Staff has identified various code provisions
that are currently not met by this application. Some or all of these items are listed in the findings of this
staff report. The applicant must comply with all provisions of the Bozeman Unified Development Code,
which are applicable to this project, prior to receiving Final Plan approval. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does
not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or State law.
Zoning Designation & Land Uses
The property is zoned M-1 (Light Manufacturing District). The intent of the M-1 district is to provide
for the community’s needs for wholesale trade, storage and warehousing, trucking and transportation
terminals, light manufacturing and similar activities.
The following land uses and zoning are adjacent to the subject property (the overall South Towne
Square property):
North: Vacant, un-annexed County land, zoned
South: Industrial uses, zoned “M-1”
East: Industrial uses, and County Fairgrounds, zoned “PLI” Public Lands and Institutions
West: Vacant, un-annexed County land
Adopted Growth Policy Designation
The Future Land Use Map of the recently updated Bozeman Community Plan designates the subject
property to develop as “Regional Commercial and Services”. Bozeman is a retail, education, health
services, public administration, and tourism hub and provides opportunities for these activities for a
multi-county region. Often the scale of these services is larger than would be required for Bozeman
alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be
located in proximity to significant transportation routes. Since these are large and prominent facilities
within the community and region, it is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a
robust and broad activity level is to be provided. Residential space should not be a primary use and
should only be included as an accessory use above the first floor. Any development within this category
should have a well integrated transportation and open space network which encourages pedestrian
activity, and provides ready access within and to adjacent development.
Review Criteria & Staff findings
Section 18.34.1110 “Board of Adjustment Consideration and Findings for Conditional Use
Permits”
In addition to the review criteria below, the City Commission shall, in approving a conditional use
permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use,
and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly
relate such use with the land and uses in the vicinity.
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The Northside Planned Unit Development is an existing successful commercial business node. The site
is functioning without complaints and staff has not identified any public health and safety issues related
to the addition of outdoor seating or on premise consumption of alcohol to the site. The project
continues to be in compliance with the parking requirements for this proposal and the existing uses on
site. The site is in general conformance with the site plan approved in 2005 by the City Commission.
The vicinity of the project is not expected to be impacted by the noise that may be generated from the
outdoor seating areas and on premise alcohol consumption.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof.
Staff has not received any public comment as of the writing of this report. Any public comment received
after the completion of the Commission packets will be distributed to the Commission members at the
public hearing.
Following review of the proposed application with the inclusion of the recommended conditions, staff
finds that the proposed use will have no material adverse effect upon abutting properties unless evidence
presented at the public hearing proves otherwise.
3. That any additional conditions stated in the approval are deemed necessary to protect the
public health, safety and general welfare. Such conditions may include, but are not limited to:
regulation of use; special yards, spaces and buffers; special fences, solid fences and walls;
surfacing of parking areas; requiring street, service road or alley dedications and improvements
or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs;
requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of
hours for certain activities; time period within which the proposed use shall be developed;
duration of use; requiring the dedication of access rights; other such conditions as will make
possible the development of the City in an orderly and efficient manner.
Staff has identified, through the review process, recommended project conditions that are included to
protect the public health, safety, and general welfare. Please see the recommended conditions of
approval and findings within this report.
Section 18.34 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, Development Review Committee, and when appropriate, the Administrative Design
Review Staff, the Design Review Board or Wetland Review Board shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman Community Plan including the
Regional Commercial and Services land use designation. The outdoor seating area will add vitality to
this existing mixed use development that is a focal point on the north side of Bozeman. Based upon the
review of this specific site and context, the proposed uses and buildings are in conformance with the
Regional and Commercial Services land use classification.
2. Conformance to this title, including the cessation of any current violations
The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
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conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law. The following code provisions must be
addressed prior to Final Site Plan approval:
a. In Accordance with the BMC Section 13.12.322 the Water/Sewer Superintendent is requiring an
inspection of your water service to determine whether the water service has backflow protection and if
such protection is installed that the device is appropriate for the level of use for the facility. If the service
has been found without backflow protection the applicant will have a preventer and expansion tank
installed. If the existing device does not provide adequate protection, the applicant will be required to
replace the preventer with a preventer that is designed to provide adequate protection. Please call the
Water Department’s Backflow specialist @ 582‐3200 to arrange an inspection of the water service.
b. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All
special conditions and code provisions shall constitute restrictions running with the land, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the
applicant prior to commencement of the use and shall be recorded as such with the Gallatin County
Clerk and Recorder’s Office by the property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions specifically stated under any
conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or
assigns.
c. Section 38.19.110.I. BMC Termination/ Revocation of Conditional Use Permit approval:
1. Conditional use permits are approved based on an analysis of current local circumstances and
regulatory requirements. Over time these things may change and the use may no longer be
appropriate to a location. A conditional use permit will be considered as terminated and of no further
effect if:
a. After having been commenced, the approved use is not actively conducted on the site for a
period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is
granted;
c. The use or development of the site is not begun within the time limits of the final site plan
approval in Section 38.19.130, BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the review and
approval of a new conditional use permit application, or a determination by the Planning Director
that the local circumstances and regulatory requirements are essentially the same as at the time of the
original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning
Director determines that the conditional use permit may be renewed on a site then any conditions of
approval of the original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities
must comply with any conditions of approval or code requirements. Should there be a failure to
maintain compliance the City may revoke the approval through the procedures outlined in Section
38.34.160, BMC.
d. Section 38.19.120A states that no later than six months after the date of approval of a preliminary
plan, the applicant shall submit to the planning department a final plan with accompanying application
form and review fee. The final plan application should include a narrative describing how the
conditions of approval and code provisions have been met.
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e. 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 Plan approval. Building Permits will not be issued until the Final Plan
is approved.
f. Section 38.28.090.E.2.a.(7) Performance. All PUDs shall earn at least 20 performance points.
Nonresidential developments within the North 19th Avenue/Oak Street corridor shall earn 30 points.
Points may be earned in any combination of the following. The applicant shall select the combination of
methods but the city may require documentation of performance, modifications to the configuration of
open space, or other assurances that the options selected shall perform adequately. Additional open
space. (b) (i) One point for each percent of the project area that is provided as non-public open space; or
1¼ points for each percent of the project area that is provided as publicly accessible open space.
(ii) The portion of the project to be considered in determining the size of area to be provided for open
space shall be the gross project area less areas dedicated and transferred to the public, and/or used to
meet the park lands requirements of subsection E.2.a.(6) of this section. The area provided for open
space shall be exclusive of yard setbacks on individually owned lots and interior parking lot
landscaping, and subject to the performance standards of article 27 of this chapter. The area may be
provided through a combination of one or more of the following means:
(A) Open space within the project boundaries and commonly held by the property owners association
for the use of owners, residents and their guests;
(B) Open space within the project boundaries and developed as usable recreation space with a
corresponding public use easement;
(C) Outside of the project boundaries as an addition to an existing off-site park adequate in location and
size to meet the recreational needs of the residents;
(D) Cash-in-lieu of open space subject to the standards of section 38.27.030; or
(E) Open space outside of the project boundaries adequate in size and location to meet the recreational
needs of the residential development only with the approval of the city commission. The site is subject
to the standards of article 27 of this chapter and must demonstrate a geographic and service relationship
to the residential development.
g. 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.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final Plan will be reviewed to ensure compliance with this section. The plans will be further
evaluated against the requirements of the International Building Code at the time application is made for
a Building Permit if required.
4. Relationship of site plan elements to conditions both on and off the property
The subject property is developed with four commercial buildings with shared parking, circulation, and
open space. Site access and parking exists for the entire development as well as pedestrian sidewalks on
the interior and exterior of the site. The primary entrances to the site are from Rouse Avenue and Oak
Street/Montana Avenue. The proposal includes the addition an outdoor seating area to complement a
restaurant use. The seating area is proposed in yard and landscape areas, but outside of required
setbacks. No changes to the site are proposed other than the seating areas. On premise sales and
consumption of alcohol is proposed within the restaurant and in the outdoor seating area.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
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No additional parking is required as part of this application. Parking for this restaurant has been
reviewed and approved as part of the previously referenced project review(s). The sketch plan and
certificate of appropriateness to construct the granary building which houses the Pizza Campania
restaurant, allocated thirteen parking spaces for the restaurant uses. Now that the actual serving area is
known for the restaurant, the calculation shows a demand within the allocated 657 square feet of indoor
serving area and the required 13 parking spaces based upon the code requirements and the allocations
made in the original PUD.
6. Pedestrian and vehicular ingress and egress
Vehicular access to the site will not be modified. Pedestrian ingress and egress is proposed to remain
unchanged. The site is considered a conforming site plan under the original building approval.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open
space, and pedestrian areas, and the preservation or replacement of natural vegetation
No modifications to the existing landscaping or streetscape are required or proposed as part of this
application. A certificate of appropriateness has been issued for the outdoor fire pit and west site
boundary screen fencing improvements to be completed by the property owner. This application
includes the additional temporary fencing to surround the restaurant outdoor seating area when the
restaurant is serving outdoors during periods of warm weather. This area was always planned as a
hardscaped plaza.
8. Open space
As a planned unit development, there is a requirement to maintain open space performance points for
this project. The areas south of the granary building now proposed for outdoor seating are within an
area originally designated by the planned unit development for open space. Staff notes a code provision
that will require an updated open space plan for the PUD wherein the property owner demonstrates how
the required performance points are being met with the reduction of the area of the outdoor seating for
Pizza Campania as that area will be for a portion of the year under the control of a single entity and not
for the use of all users and customers of the PUD. Staff finds that there are other areas on site that could
make up for this open space area. Per the code provision this review will occur at final plan review.
9. Building location and height
No physical alterations are proposed for the existing buildings. The location and building heights will
remain unchanged.
10. Setbacks
The proposed seating area is near a setback area, but outside of the side yard setback of 3 feet. The
hardscaped plaza area had been previously approved under the sketch plan and certificate of
appropriateness to construct the granary building.
11. Lighting
No changes to lighting are proposed as part of this application.
12. Provisions for utilities, including efficient public services and facilities
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No changes to the sewer and water connections or private utilities are proposed.
13. Site surface drainage
No changes to the site surface drainage are proposed.
14. Loading and unloading areas
No alterations are proposed that would impact loading and unloading areas.
15. Grading
No new grading is anticipated on site.
16. Signage
No signage is requested as part of this application. A sign permit has been issued for the approved
restaurant.
17. Screening
No screening is requested or required with this application.
18. Overlay district provisions
The hardscaped plaza area had been previously approved under the sketch plan and certificate of
appropriateness to construct the granary building. The proposed temporary fencing for the outdoor
seating area is consistent with the PUD final plan and satisfies the criteria for the required certificate of
appropriateness.
19. Other related matters, including relevant comment from affected parties
No public comment has been received to date.
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of the
property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a
party so that the sale of individual lots will not cause one or more elements of the development to
become nonconforming.
Not applicable, the proposed development is on one lot and part of a conforming unified development.
Attachments: Applicant’s Submittal Materials
Details from a modification to the granary building COA to add a fire pit and screen wall.
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Report Sent to:
Owner: Montana Avenue Partners, LLC
1006 West Main Street
Bozeman, MT 59715
Applicant: Broken Arrow Holdings, LLC
PO Box 11788
Bozeman, MT 59719
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Montana Avenue Partners, LLC
NorthSide Property Owners Association
1006 West Main Street
Bozeman, MT 59715
June 14, 2012
Brian Krueger
Planner
City of Bozeman
Department of Planning and Community Development
20 East Olive Street
PO Box 1230
Bozeman, MT 59771-1230
Re: NorthSide User and PUD
Dear Brian:
This letter shall outline the intended use by Broken Arrow Holdings, LLC dba Pizza
Campania of the plaza area located adjacent to the NorthSide Granary building in the
NorthSide Planned Unit Development. Pizza Campania is a new tenant within the
NorthSide Granary building with a proprietor who has extensive restaurant and
management experience. They have requested the ability to have outdoor seasonal
seating in the plaza which we are in support of under the following conditions:
Temporary fencing of the plaza area shall be utilized during operating hours to
meet State & City codes. All temporary fencing shall be removed and stored
offsite during winter months in order to maintain the plaza area.
The gas firepit will be a common area seasonal site improvement available to all
users of the project.
If you have any further questions regarding the proposed use of the plaza area please
let me know.
Sincerely,
Scott Dehlendorf
Manager
cc: Barry Brown
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SEEDED NATIVE GRASS STUB OUT ELECTRICAL FOR POTENTIAL FUTURE SITE LIGHTING PHASE 1 1" SCHEDULE 40 PVC ELECTRICAL SLEEVE, 2' MIN. BURY PHASE 1 3" NATURAL GAS SLEEVE, 2' MIN. BURYPHASE 1 - WORK TO BE DONE PRIOR TO OCCUPANCY -SLEEVES TO EXTEND 2'-0" MIN. BEYOND THIS LOCATION PRIOR TO CONSTRUCTING SIDEWALK ASSOCIATED WITH THIS PHASE PHASE 1 3" IRRIGATION SLEEVE, 1' MIN. BURYSITE LEGEND NOTE:ALL UTILITY SLEEVES TO BE LOCATABLE. PROVIDE LOCATE WIRES OR OTHER SUITABLE METHOD AT ALL SLEEVES.
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PHASE 1.5 1" SCHEDULE 40 PVC ELECTRICAL SLEEVE, 2' MIN. BURY PHASE 2 3" NATURAL GAS SLEEVE, 2' MIN. BURY PHASE 1.5 3" IRRIGATION SLEEVE
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STEEL EDGINGPHASE 2 3" IRRIGATION SLEEVE, 1' MIN. BURYPHASE 2 1" SCHEDULE 40 PVC ELECTRICAL SLEEVE, 2' MIN. BURYPHASE 1.5 - SLEEVES TO EXTEND 2'-0" MIN. BEYOND THIS LOCATION PRIOR TO CONSTRUCTING SIDEWALK ASSOCIATED WITH THIS PHASE
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GROUND PER CODE 12" SONOTUBE OR CAST-IN-DRILLED HOLE CONCRETE PIERFINISH GRADE ANCHOR PER MFR.RECOMMENDATION. MATCH BOLLARD BASE PLATE ANCHOR PATTERNPVC SCHED 40 SIZED PER CODE LONG SWEEP CONDUIT RISERS (2'-0" MIN. BURY)BASE PLATE BY OTHERS W/GALV. NUTS & WASHERSBOLLARD (2) #3 BARS EVENLY SPACED4" +/-3'-0" MIN.
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DATE:This drawing is not intended nor shall it be used for construction purposes unless the signed professional stamp of a registered architect employed by Comma-Q Architeture,Inc. is affixed above.PROJECT #:CONSULTANTS REVISIONS ORIGINAL DRAWING SIZE: 24" x 36"Q:\_Jobs12\03 Northside PUD Landscape\Development Review 041312\1203 - Northside Granary PUD Landscape coa 06072012.rvtNorthside Granary Site Work 06.07.12 L1.212-03Montana Avenue Partners Sleeving PlanAREAPLANSNorthside PUD Tract 1 1285 North Rouse Ave Bozeman, Montana
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No.DescriptionDate 1Patio Rail and Fire Pit Added, Electrical Note,Delete Arbor and Associated Columns04/15/2012
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