HomeMy WebLinkAboutArtcraft Food and Drink Conditional Use Permit and COA, 241 East Main Street_Part9
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Bristor, Associate Planner
Tim McHarg, Planning and Community Development Director
SUBJECT: Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness, File #Z-12263
MEETING DATE: November 19, 2012
AGENDA ITEM TYPE: Action Item (Quasi-Judicial)
RECOMMENDATION: Conditional approval of a Conditional Use Permit and Certificate
of Appropriateness (CUP/COA) application to allow a change
from a printing office and publishing establishment use to a restaurant and bar use at the building addressed as 241 East Main Street.
RECOMMENDED MOTION: “Having reviewed the application materials, heard public
comment, and considered all of the information presented, I move to approve the Artcraft
Food and Drink Conditional Use Permit and Certificate of Appropriateness application No. Z-12263, incorporating by reference the findings included in the staff memo and the staff recommended conditions.”
BACKGROUND: An application was submitted to the Department of Planning &
Community Development requesting a Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) for the property located at 241 East Main Street. A one-story building exists on the site that is currently vacant but most recently used as a printing office and
publishing establishment known as “Artcraft Printers.” The CUP/COA application is requesting
the building to change to a restaurant use. The conditional use permit is required for the
permission of alcohol to be sold for on-premise consumption and the certificate of appropriateness is required for proposed exterior alterations to the front and rear of the building. The restaurant business will have seating both inside and outside of the building, which will be
included in the service area for sale of alcohol for on-premise consumption.
On October 24, 2012, the Development Review Committee recommended conditional approval of this CUP/COA application and their recommended conditions, code citations and comments are included in this report.
The City will require proof of alcohol license approval from the Montana Department of
Revenue prior to the restaurant’s final occupancy of the building.
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UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: Alternative actions for the City Commission to consider relative to this
item include the following:
1. As recommended, approve the Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application subject to the staff recommended conditions.
2. Approve the Conditional Use Permit and Certificate of Appropriateness (CUP/COA)
application subject to revised conditions.
3. Deny the Conditional Use Permit and Certificate of Appropriateness (CUP/COA)
application based on findings that the proposal does not comply with the applicable criteria and standards of the UDC.
4. Continue Conditional Use Permit and Certificate of Appropriateness (CUP/COA)
application with specific direction for additional information to Staff and/or the applicant.
FISCAL EFFECTS: None identified.
Attachments: Staff Report Application Materials
Report compiled on: November 9, 2012
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City Commission Staff Report for the Artcraft Food and Drink CUP/COA File #Z-12150
Item: A Conditional Use Permit and Certificate of Appropriateness application requesting a change in use for the building addressed as 241 East Main Street. The change will be from a printing office and publishing establishment use to a restaurant and bar use. The conditional use permit is required for the permission of alcohol
to be sold for on-premise consumption and the certificate of appropriateness is required for proposed exterior alterations to the front and rear of the building. The property is zoned B-3 (Central Business District) and is located within Main Street Historic District.
Property Owners: Artcraft Printers, Inc., 6673 South 3rd Avenue, Bozeman, MT 59715
Applicant: Van Bryan Studio Architects, 21 West Babcock Street, Bozeman, MT 59715
Representative: Jay Bentley, PO Box 10806, Bozeman, MT 59715
Date: City Commission Meeting on Monday, November 19, 2012 at 6:00 p.m., in the City Commission Meeting
Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Allyson Brekke, Associate Planner
Recommendation: Conditional Approval ____________________________________________________________________________________
Project Location
The subject property is addressed as 241 East Main Street and is legally described as Parcel B, Block D, Original Townsite, City of Bozeman, Gallatin County, Montana as further described on Plat C-1-H. It is located within the boundaries of the Neighborhood Conservation Overlay District and the Main Street Historic District. The
property is zoned B-3 (Central Business District). Please see map below.
Proposal
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An application was submitted to the Department of Planning & Community Development requesting a
Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) for the property located at 241 East
Main Street. A one-story building exists on the site that is currently vacant but most recently used as a printing office and publishing establishment known as “Artcraft Printers.” The CUP/COA application is requesting the
building to change to a restaurant use. The conditional use permit is required for the permission of alcohol to be
sold for on-premise consumption and the certificate of appropriateness is required for proposed exterior alterations to the front and rear of the building. The restaurant business will have seating both inside and outside
of the building, which will be included in the service area for sale of alcohol for on-premise consumption. On October 24, 2012, the Development Review Committee recommended conditional approval of this CUP/COA
application and their recommended conditions, code citations and comments are included in this report. The City will require proof of alcohol license approval from the Montana Department of Revenue prior to the
restaurant’s final occupancy of the building. Recommended Conditions of Approval
Based on the subsequent analysis, the Development Review Committee and Planning 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 6 of this report.
Recommended Conditions of Approval: 1. Proposed building materials shall be noted on the scaled building elevations with the Final Site Plan application.
2. All gambling activities that are permitted with the state alcohol license and established in the restaurant must not exceed the threshold that collectively defines them as “casino” activities, as defined in Section 38.42.500 of the Bozeman Municipal Code.
3. All gambling activities proposed in the restaurant, including gambling machines (video poker, keno, etc.), card games or other licensed gambling activity, shall be shown on the floor plans with the Final Site Plan
application.
4. A Sign Permit/Certificate of Appropriateness application shall be reviewed and approved by the Planning
Department prior to the construction and installation of any on-site signage affiliated with building tenants. This may be done in conjunction with the Final Site Plan application.
5. The material of the proposed windows and doors shall be noted on the scaled building elevations with the Final Site Plan application.
6. The proposed design of the exterior lights shall be full cut-off in design and should be shown on the scaled building elevations with the Final Site Plan application.
7. Revised parking calculations shall be added to Final Site Plan application drawings and shall include all
applicable reductions available to properties in the B-3 zoning district. When calculating parking please
recognize that the building is considered to have 18.5 spaces through the Downtown Parking Special Improvement District. These spaces can be considered an initial parking balance for the building. The new use shall demonstrate as providing adequate parking.
8. A trash dumpster location for the property will need to be planned for and shown in the Final Site Plan
application and is subject to approval by the City’s Sanitation Department.
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9. All mechanical equipment added to the building for the new restaurant use, whether building or roof
mounted, must be completely screened. Any proposed mechanical equipment screening should be shown
on the Final Site Plan application drawings.
10. Alcohol shall only be served within the serving spaces of the building and the outdoor serving areas as
shown on the submitted floor plans in the Final Site Plan application.
11. A copy of the State Revenue Department liquor license for the restaurant shall be submitted to the Department of Planning & Community Development prior to the sale of alcoholic beverages.
12. 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.
13. 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.
14. 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.
15. 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.
16. To establish sidewalk seating to the front of the building, a Sidewalk Encroachment Permit application shall be submitted to and approved by the Director of Public Service. If service of alcohol is planned for the sidewalk seating, it must be shown as serving area on the Final Site Plan application.
17. All replacement windows on the south (front) façade shall match the originals in size and proportion. The revised window design shall be reflected on a revised building elevation in the Final Site Plan application.
18. The center door on the south (front) façade shall not be enclosed and rather be preserved or replaced as a door entrance that matches the original in size and proportion. The revised door design shall be reflected
on a revised building elevation in the Final Site Plan application.
19. The replacement door of the existing garage door shall be a design that has an appearance similar to the
original door and may incorporate both transparent (such as glass) and non-transparent materials.
Zoning Designation & Land Uses
The property is zoned B-3 (Central Business District). The intent of the B-3 district is to provide a central area for the community's business, government service and cultural activities. Uses within this district should be
appropriate to such a focal center with inappropriate uses being excluded.
The following land uses and zoning are adjacent to the subject property:
North: Surface parking lot across alley, zoned “B-3” South: Restaurant (Pita Pit) across street, zoned “B-3”;
East: Printing office and publishing establishment (Artcraft), zoned “B-3”, West: Retail (Montana Gift Corral), zoned “B-3”.
Adopted Growth Policy Designation
The Future Land Use Map of the updated Bozeman Community Plan designates the subject property to develop as
“Community Core.” The area within the Community Core category contains the traditional core of Bozeman, the
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historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and
multi-modal transportation network, and a rich architectural character. Essential government services, places of
public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be
preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby
streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of
transition to adjacent areas and preserving the historic character of Main Street. COA Review Criteria & Staff Findings The below comments pertain to the exterior alterations proposed for the building and their appropriateness for the surrounding commercial area.
Section 38.16.050 “Standards for Certificates of Appropriateness”
A. All work performed in completion of an approved Certificate of Appropriateness shall be in conformance with the most recent edition of the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic
Buildings (Published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Department of Planning).
The structure is considered a “contributing” resource to the Main Street Historic District. Historically it is known
as the Studebaker Auto Showroom built c. 1917. The comments below reflect the conformance status of the proposal with the Secretary of Interior’s Standards for Rehabilitation. B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures or properties, and with neighboring structures and properties, shall focus upon the following:
1. Height;
No change in the building’s height is proposed. The front parapet is proposed to be preserved.
2. Proportions of doors and windows;
The restaurant is proposing new door entrances and windows on the south (front) and north (rear) elevations of its
portion of the building. The front elevation is considered the primary façade. The character-defining features of
historic windows and their placement should be preserved. This is especially important on primary facades. The proposal shows the original storefront windows as being replaced with doors. This will cause the removal of the
historic brick kick plate below each window.
As recommended by the “Design Guidelines for Historic Preservation,” the size and proportion of a historic window opening should be preserved rather than reducing or increasing its opening. Furthermore, a replacement
window should match an original in design:
“Chapter 1: Rehabilitation Guidelines for Historic Properties. C. Individual Building Features: Windows
Guidelines: 2. Preserve the position, number and arrangement of historic windows in a building wall. • Enclosing a historic window opening in a key character-defining facade is inappropriate, as is adding a new
window opening. This is especially important on primary facades where the historic ratio of solid-to-void is a character-defining feature.
• Greater flexibility in installing new windows may be considered on rear walls.
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3. Preserve the size and proportion of a historic window opening. • Reducing an original opening to accommodate a smaller window or increasing it to receive a larger window is inappropriate. 4. Preserve the historic ratio of window openings to solid wall on a primary facade. • Significantly increasing the amount of glass on a character-defining facade will negatively affect the integrity of the structure. 5. Match a replacement window to the original in its design. • If the original is double-hung, then the replacement window should also be double-hung, or at a minimum, appear to be so. Match the replacement also in the number and position of glass panes. • Matching the original design is particularly important on key character-defining facades.”
Staff is therefore is recommending a condition of approval to have all replacement windows on the south (front)
façade to match the originals in size and proportion.
Additionally, the proposal is showing the center door on the primary façade as being enclosed. As the design guidelines state, the character-defining features of a historic door and its distinct materials and placement should
be preserved. This is especially important on primary facades:
“Chapter 1: Rehabilitation Guidelines for Historic Properties. C. Individual Building Features: Doors
Guidelines: 9. Preserve the decorative and functional features of a primary entrance. • Maintain features important to the character of a historic doorway. These may include the door, door frame,
screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. • Avoid changing the position and function of original front doors and primary entrances.
10. Maintain the original proportions of a significant door.
• Altering its size and shape is inappropriate. 11. When a historic door is damaged, repair it and maintain its general historic appearance. 12. When replacing a door, use materials that appear similar to that of the original. • A metal door, if seen from the street, is inappropriate where the original was wood. 13. When replacing a door, use a design that has an appearance similar to the original door, or a door associated with the style of the house or commercial building. • Very ornate doors are discouraged, unless photographic evidence can support their use.
Staff is therefore recommending a condition of approval to have the center door on the south (front) façade to be
preserved as a door entrance or replaced as a door entrance that matches the original in size and proportion.
In regards to the historic garage door opening, Staff recognizes the need to change the door to the primary pedestrian entrance for the restaurant and is willing to be more flexible in the design approach to that door opening. Therefore, a condition of approval is recommended that requires the new door design to be an
appearance similar to the original door and may incorporate both transparent (such as glass) and non-transparent materials.
The changes in window and door openings to the north (rear) elevation are found as appropriate because greater flexibility in installing new window and door openings may be considered to rear facades.
3. Relationship of building masses and spaces;
No change is occurring to the building mass, as no additions are proposed. The existing rear loading dock
remains but is proposed to be utilized as exterior serving area rather than commercial loading. The loading area will remain covered with a sloped roof.
4. Roof shape;
No change is proposed to the building’s roof shape.
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5. Scale;
Please see Staff’s comments under “Building Masses and Spaces.”
6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures;
Please see Staff’s comments under “Building Masses and Spaces.”
7. Architectural details;
The proposed metal awnings are found to be appropriate for the front windows as they are positioned so they do not obscure architecturally important features such as the transom windows (the smaller windows above the large
storefront windows). 8. Concealment of nonperiod appurtenances, such as mechanical equipment; and Per code provisions, all mechanical equipment shall 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.”
9. Materials and color schemes (any requirements or conditions imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation
from the underlying zoning is requested).
As conditioned, the proposed building materials shall be noted on the scaled building elevations with the Final Site Plan application.
C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures
shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures, or their components, and when such design is compatible with the foregoing elements of the structure and the surrounding structures.
None of the new construction is found by Staff to destroy significant historical, cultural or architectural
components.
D. When applying the standards of subsections A-C, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District which are hereby incorporated by this
reference. When reviewing a contemporary, non-period, or innovative design of new structures, or addition to existing structure, the review authority shall be guided by the Design Guidelines for the Neighborhood
Conservation Overlay District to determine whether the proposal is compatible with any existing or surrounding structures.
The Design Guidelines for the Neighborhood Conservation Overlay District were utilized in the above review of the project design (see sections in italics above).
CUP/ Site Plan Review Criteria & Staff Findings
The below comments pertain to the site development linked with the proposed restaurant business and use and the
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permission of alcohol sales for on-premise consumption.
Section 38.19.100 “Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City Commission, Development Review Committee, and when appropriate, the Administrative Design Review Staff, the Design
Review Board or Wetlands Review Board shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy;
The development proposal is in conformance with the Bozeman Community Plan including the “Community Core” land use designation. The new restaurant will promote pedestrian activity and is in conformance with the
“Community Core” land use classification.
2. Conformance to this title, including the cessation of any current violations;
The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the
Bozeman Municipal Code or state law. The following code provisions must be addressed prior to Final Site Plan approval:
Code Provisions a. 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 @ 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
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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 38.19.160 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.
e. 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.”
f. Sections 38.23.150 requires a lighting plan for all on-site lighting including all building mounted lights and must be included in the final site plan submittal. 38.23.150.D.7.e states that the maximum
illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential
properties and 1.0 onto adjacent commercial properties and public rights-of-way.
g. 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. h. 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.
i. 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.
j. Section 38.28.060 outlines the amount of permitted signage for the property. A Sign Permit shall be
reviewed and approved by the Planning Office prior to the construction and installation of any on-site signage.
k. Section 38.34.100 states based upon the approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as “plan”), and after any
appeals have been resolved, a building permit for the site may be requested an may be granted, provided such building permit is granted within one year of plan approval.
l. Section 38.39, requires that if final plat approval, occupancy of buildings or other utilization of an approved development is to occur prior to the installation of all required on-site improvements, an 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; however, the applicant shall complete all
on-site improvements within nine (9) months of occupancy to avoid default on the method of security.
m. The Final Site Plan application materials shall be adequately dimensioned. A complete legend of all line
types used shall also be provided.
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n. Sewer and water services shall be shown on the Final Site Plan application and approved by the
Water/Sewer Superintendent.
o. 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.
p. 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. q. The proposed outdoor seating section in the Main Street right of way will require an encroachment permit
from the City of Bozeman.
3. Conformance with all other applicable laws, ordinances, and regulations;
The final site plan review process will ensure compliance with this section. The plans will be further evaluated
against the requirements of the International Building Code at the time application is made for a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property; The building footprint of the building will not be changing.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions; With the property’s location within the B-3 zoning district, there are several applicable parking reductions that
apply to this building’s parking demand. The first 3,000 square feet of a non-residential building within the B-3 zoning district doesn’t require parking. Additionally, the parking demand can be reduced for each type of use. Lastly, the parking demand can be reduced due to the proximity of a transit (Streamline) stop and the parking
garage structure.
The 3,000 square feet was deducted from the restaurant’s serving area square footage. After that reduction, the
remaining interior and exterior serving area square footage requires 16 parking spaces. The property paid 18.5 spaces for the Downtown Parking SID. Therefore, the site has a parking surplus of 2.5 spaces.
Overall, Staff finds the development to provide adequate parking for all of the uses, existing and proposed, on the property.
6. Pedestrian and vehicular ingress and egress;
The proposal includes both a front and rear ingress/egress for the restaurant. 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; As the property is zoned B-3, no landscaping points are required to be met.
8. Open space;
As no residential uses are being proposed, open space and parkland areas are not required with the development.
9. Building location and height;
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The building footprint is unchanged with the development.
10. Setbacks;
No minimum setbacks are required for buildings within the B-3 zoning district. The proposed rear staircase will be outside of the public right of way (or alley).
11. Lighting;
The new lighting proposed shall meet the code provisions listed in Section 38.23.150 of the Bozeman Municipal Code, specifically the use of full cut-off fixtures.
12. Provisions for utilities, including efficient public services and facilities; Engineering included several conditions addressing utilities, including the requirement of all sewer and water
services to be shown on the Final Site Plan application and that the plans for any fire service line must be prepared by a Professional Engineer in accordance with the City’s Fire Service Line Policy. 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 does not have backflow protection, the applicant will be required to install a preventer and
expansion tank. 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.
13. Site surface drainage; Not applicable.
14. Loading and unloading areas;
Loading and unloading areas for the restaurant will still occur from the rear alley. A new staircase is proposed on the rear elevation that will access both the basement and first floors.
15. Grading;
The standard Engineering provisions will address any grading issues that are required for the addition of a
staircase off the rear entrance.
16. Signage;
No signage is requested as part of this application. Any new signage will require a separate Certificate of
Appropriateness application and a sign permit. 17. Screening; All mechanical equipment shall 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.
As required with code provisions, 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.”
18. Overlay district provisions;
The COA criteria and staff findings are included in this staff report starting on page 4.
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19. Other related matters, including relevant comment from affected parties
No public comment has been received to date in regards to this application. Any public comment received after
the production of this staff report will be forwarded to the City Commission prior to the public hearing.
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.
Section 38.19.110 “Conditional Use Permit”
In addition to the review criteria included in Section 38.19.100, the City Commission shall, in approving a Conditional Use Permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. As conditioned, Staff finds the proposed use as adequate in size and topography to accommodate a restaurant use
that serves alcohol. The site is within the core of the downtown area where adequate transportation services (mass transit, parking, etc.) are provided for the future patrons of the restaurant.
With the property’s location within the B-3 zoning district, there are several applicable parking reductions that apply to this building’s parking demand. Additionally, the property paid for 18.5 spaces for the Downtown
Parking SID. The site is determined to provide adequate parking through a combination of reductions and the
SID parking credit.
To establish sidewalk seating in the front of the building, a Sidewalk Encroachment Permit application
shall be submitted to and approved by the Director of Public Service. Parts of that application will help monitor the control of alcohol being served in that area.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof.
As of the writing of this report, no public comment has been received in response to the noticing of this project.
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
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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 and code provisions that are
included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval on pages 2 through 3 of this report and the applicable code provisions on pages 6 through 9 of this
report. Conclusion/Recommendation The Development Review Committee and Planning Staff have reviewed the Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness application and recommends to the City Commission approval of
said application with the conditions and code provisions outlined in this Staff report. Staff has identified various code provisions that are currently not met by this application. Some or all of these items are listed in the findings of this report. The applicant must comply with all provisions of the Bozeman Unified Development Code, which
are applicable to this project, prior to receiving final site plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
Attachments: Applicant’s Submittal Materials
Report Sent to:
Artcraft Printers, Inc., 6673 South 3rd Avenue, Bozeman, MT 59715 Van Bryan Studio Architects, 21 West Babcock Street, Bozeman, MT 59715 Jay Bentley, PO Box 10806, Bozeman, MT 59715
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Artcraft Food & Drink
241 E. Main Street
Site Plan Checklist
A. Design Review Board Site Plan Review Thresholds
1. No dwelling units.
2. No, only 12,742 s.f. of commercial space
3. No exterior storage of materials or goods.
5. No parking for more than 90 vehicles.
B. General Information
1. See drawing A1.0
2. See attached list.
3. See drawing A1.0
4. See drawing A1.0
5. See drawings.
6. See drawings.
7. See drawings.
8. See drawing 1/A1.0.
9. See Site Information on drawing A1.0
10. a. See schedule on A1.0 and 1/A1.0 for building foot print.
b. No onsite vehicular traffic, building footprint occupies entire site.
c. No onsite open spaces or public areas, building footprint occupies entire site.
d. No onsite public street right-of-way.
11. No dwelling units.
12. No onsite parking. See drawing A1.0 for parking calculations.
13. Project is the renovation of an existing building.
14. The project is a renovation of an existing building with no proposed new buildings.
15. a. See drawing sheet A6.0
b. Not in a floodway or floodplain area
c. See drawing sheet A2.0
16. See drawing A1.0
17. Building footprint occupies entire site.
18. No property owner’s association/covenants applicable to this property.
19. Building footprint occupies entire site.
C. Site Plan Information
1. Building footprint occupies entire site.
2. See drawing A1.0
3. There is no vehicular traffic on site.
4. There is no vehicular traffic on site.
5. There is no vehicular traffic on site.
6. See drawing 1/A1.0
7. a. No on site utility easement/right of way.
b. No on site utility easement/right of way.
c. No on site utility easement/right of way.
d. No on site utility easement/right of way.
e. No on site utility easement/right of way.
8. a. No holding ponds, streams or irrigation ditch on site.
b. No watercourses, water bodies or wetlands on site.
c. Not lying within 100-year floodplain.
d. Not in floodplain
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9. Building footprint occupies entire site, no onsite retention/detention.
10. a. None on site.
b. None apply.
c. None apply.
11. Building footprint occupies entire site. No rock outcroppings or significant slopes or features.
12. No onsite vehicular traffic, building access directly off of Main Street sidewalk and alley.
13. No onsite vehicular or pedestrian traffic. The main building entry, which is ADA compliant, is off
of the Main Street sidewalk.
14. No onsite fences or screening walls
15. See drawing A1.0
16. See drawings A1.0
17. See drawing 1/A1.0
18. No on site curbing, asphalt or drives.
19. No landscaping as site is located in ‘core area’ and building occupies entire site.
20. Existing building footprint occupies entire site, there are no unique natural features or wildlife
areas.
21. Existing building footprint occupies entire site. No onsite snow storage areas.
22. No city limits or boundaries located within or near site.
23. Existing zoning within 200 feet of site is B-3. See drawing A1.0
24. Building site located within Main Street Historic Preservation District, see 1/A1.0.
25. No major public facilities, parks, or trails within 200’ of the site.
26. Project is a renovation of an existing commercial site and building.
27. Project is a renovation of an existing commercial site and building.
D. Landscape Plans
1. No landscaping as site is located in ‘core area’ and building occupies entire site.
2. No landscaping as site is located in ‘core area’ and building occupies entire site.
3. No landscaping as site is located in ‘core area’ and building occupies entire site.
4. No landscaping as site is located in ‘core area’ and building occupies entire site.
5. No landscaping as site is located in ‘core area’ and building occupies entire site.
6. No landscaping as site is located in ‘core area’ and building occupies entire site.
7. No landscaping as site is located in ‘core area’ and building occupies entire site.
8. No landscaping as site is located in ‘core area’ and building occupies entire site.
9. No landscaping as site is located in ‘core area’ and building occupies entire site.
10. No landscaping as site is located in ‘core area’ and building occupies entire site.
11. No landscaping as site is located in ‘core area’ and building occupies entire site.
12. No vehicular traffic on site.
13. Zero points required as site is in ‘core area’ per table 38.26.060-1
14. No landscaping as site is located in ‘core area’ and building occupies entire site.
15. No landscaping as site is located in ‘core area’ and building occupies entire site.
16. No landscaping as site is located in ‘core area’ and building occupies entire site.
17. No landscaping as site is located in ‘core area’ and building occupies entire site.
18. No landscaping as site is located in ‘core area’ and building occupies entire site.
19. No landscaping as site is located in ‘core area’ and building occupies entire site.
20. No watercourse on site.
21. See drawing A6.0
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Artcraft Food & Drink
241 E. Main Street
Certificate of Appropriateness Checklist 1
A. Neighborhood Conservation Overlay District
1. See attached Exhibit A & B
2. See attached drawing sheet A1.0
3. See attached Exhibit C
4. See attached Exhibit D
5. See attached Exhibit D & E
6. Proposed schedule of planned actions;
a. Submit Development Review Application: September 24th, 2012
b. Interior Demolition: October 10th, 2012
c. Submit for Building Permit Application: December 1st, 2012
d. Proceed with Construction: December 15th, 2012
e. Finish Interior Improvements: March 15th, 2013
f. Finish Exterior Improvements: April 1st, 2013
7. N/A
8. No deviations
9. N/A, existing building
B. Entryway Corridor Overlay District: Not applicable
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Artcraft Food & Drink
241 E. Main Street
Adjoining Property Owners List
Community Health Partners
126 S. Main Street
Livingston, MT59047
Haj Javad LLC
PO Box 186
Bozeman, MT 59771
Brad W, Ellie L, & James W Lowe
232 E. Mendenhall St.
Bozeman, MT 59715
Renee T Sabol
844 Bridger Canyon Spur Rd.
Bozeman, MT 59715
Helori M Graff Trust
6673 S 3rd Rd.
Bozeman, MT 59715
Petersen Holdings LLC
2712 38th Ave SW
Seattle, WA 98126
Petersen Living Trust DTD
5433 Leary Ave NW Unit 509
Seattle, WA 98107
Decosse Eastgate LLC
2120 Chambers Dr.
Bozeman, MT 59715
F & H LLC
2215 Arrowleaf Hills Dr.
Bozeman, MT 59715
Chinook Properties LLC
1508 S. Willson Ave
Bozeman, MT 59715
Bocar Family Holdings Limited Partnership
777 Arthur Godfrey Rd Ste 400
Miami Beach, FL 33140
First Security Bank
Main Office
PO Box 910
Bozeman, MT 59771
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First Security Bank
PO Box 910
Bozeman, MT 59771
Archrock LLC
407 W. Story St.
Bozeman, MT 59715
Decosse Westgate Partnership
2120 Chambers Dr
Bozeman, MT 59715
AKM 238 LLC
117 Myers Ln
Bozeman, MT 59715
AKM 310 LLC
117 Myers Ln
Bozeman, MT 59715
Fraternal Order of Eagles 326 & Jim Walker
PO Box 274
Bozeman, MT 59771
City of Bozeman
General Delivery
Bozeman, MT 59718
Boz Mulit-Level Shopping Complex Condo
General Delivery
Bozeman, MT 59718
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