HomeMy WebLinkAboutHearing for 115 North Bozeman Avenue, Dave's Sushi Conditional Use Permit and Certificate of Appropriateness
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Brekke, Neighborhood Planner
Wendy Thomas, Director of Community Development
SUBJECT: A Conditional Use Permit to allow the expansion of serving area for on-premise alcohol consumption to the building addition and an exterior patio and a Certificate of Appropriateness to allow an addition to the existing
restaurant at 115 North Bozeman Avenue.- File Z13125.
MEETING DATE: July 22, 2013
AGENDA ITEM TYPE: Action – Quasi-Judicial
RECOMMENDATION: That the City Commission approves the Conditional Use Permit and Certificate of Appropriateness Application Z13125 to allow an addition to the existing restaurant
and the expansion of serving area for on-premise alcohol consumption to the building addition
and an exterior patio at 115 North Bozeman Avenue.
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 Z13125 and move to approve the conditional use permit and certificate of appropriateness application with conditions and
subject to all applicable code provisions.”
Staff Report page references: conditions of approval (page 2), review criteria (page 4), code provisions (page 6).
BACKGROUND: A Conditional Use Permit and Certificate of Appropriateness application was
submitted to the Department of Community Development by property owner Dave Weiss who owns the business Dave’s Sushi currently located at 115 North Bozeman Avenue. The CUP/COA application is considering a proposed building addition to the existing restaurant and
the expansion of the serving area for on-premise alcohol consumption to that addition and an
exterior patio. The conditional use permit is to allow the expansion of on-premise alcohol
consumption. The certificate of appropriateness is required for the proposed building addition due to the building’s location within the Neighborhood Conservation Overlay District.
On July 3, 2013, the Development Review Committee (DRC) recommended conditional
approval of the Dave’s Sushi Addition CUP/COA application (file no. Z13125) and their
recommended conditions and comments are included in this report. No public comment on this application has been received to date.
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UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the application with the recommended Staff conditions;
2. Approve the application with modifications to the recommended Staff conditions; 3. Deny the application based on the Commission’s findings of non-
compliance with the applicable CUP and COA riteria contained
within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items.
FISCAL EFFECTS: None identified.
Attachments: Staff Report, Applicant’s submittal materials
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street.
Report compiled on: July 12, 2013
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City Commission Staff Report for the Dave’s Sushi Addition Conditional Use Permit and Certificate of Appropriateness File No. Z13125
Item: A Conditional Use Permit to allow the expansion of serving area for on-premise alcohol consumption to the building addition and an exterior patio and a
Certificate of Appropriateness to allow the addition to an existing restaurant at
115 North Bozeman Avenue.
Owner: Dave Weiss, 904 S. Black Ave., Bozeman, MT 59715
Applicant: Dave’s Sushi/FMK, Inc., 115 N. Bozeman Ave., Bozeman, MT 59715
Date: City Commission Meeting, July 22, 2013 at 6:00 p.m., in the City Commission
Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman,
Montana
Report By: Allyson Brekke, Neighborhood Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The subject property is located at 115 North Bozeman and is a located within the Neighborhood
Conservation Overlay District. It is legally described as Lots 12 and 13, and the East 5.5 feet of Lot 14, Block H, Original Townsite, City of Bozeman, Gallatin County, Montana. Please refer to the vicinity map below.
Map 1
Project Proposal & Background
A Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) application was submitted
to the Department of Community Development by property owner Dave Weiss who owns the business
Dave’s Sushi currently located at 115 North Bozeman Avenue. The CUP/COA application is considering a proposed building addition to the existing restaurant and the expansion of the serving area
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Dave’s Sushi Addition CUP/COA File No. Z13125 Staff Report Page 2
for on-premise alcohol consumption to that addition and an exterior patio. The conditional use permit is
to allow the expansion of on-premise alcohol consumption. The certificate of appropriateness is
required for the proposed building addition due to the building’s location within the Neighborhood
Conservation Overlay District.
On July 3, 2013, the Development Review Committee (DRC) recommended conditional approval of the
Dave’s Sushi Addition CUP/COA application (file no. Z13125) and their recommended conditions and
comments are included in this report.
Recommendation
The DRC reviewed the Dave’s Sushi Addition CUP/COA and recommend to the City Commission approval of said application with the conditions outlined in 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 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.
Recommended Conditions of Approval
Based on the subsequent analysis, the DRC 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.
Conditions of Approval
Community Development Recommended Conditions
1. Prior to issuance of a building permit, the applicant shall consolidate the two underlying lots that
comprise the subject property through either a subdivision exemption process or by filing a Lot
Merger Agreement with the Gallatin County Clerk and Recorder.
2. The parallel parking spaces on the east side of the parking lot shall be removed, so that a clear 26-foot backing distance is provided for the remaining parking.
3. The number of provided parking spaces depicted with the Final Site Plan shall clearly describe
parking spaces provided on and off the property.
4. A separate landscape plan shall be submitted for all existing and proposed landscaping on the
site.
5. A Downtown Sidewalk Encroachment Permit application shall be submitted and approved by the
City of Bozeman for all proposed outdoor seating areas affiliated with the proposed uses that
occur within the public right-of-way (sidewalk and/or boulevard). The application is available
through the City’s Public Works Department (by calling 582-2273).
6. There shall be no tenant use of the portion of the building depicted on the building permit as being remodeled or newly constructed, including public access, furniture stocking or on site
employee interviews, training, or orientations, prior to the issuance of a certificate of occupancy
for the building. Upon approval of the Building Division and Fire Department, the City will
allow the installation of racks, shelving, and other display fixtures prior to occupancy.
7. A copy of the updated Montana Department of Revenue liquor licenses for the establishment shall be submitted to the Department of Community Development prior to the sale of alcoholic
beverages.
8. The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections
38.19.110.I and 38.34.160 based on substantial complaints from the public or from the Police
Department regarding violations of the City of Bozeman’s open alcohol container, minor in
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possession of alcohol, or any other applicable law regarding consumption and/or possession of
alcohol.
9. Any expansion of this use or facility is not permitted unless reviewed and approved as required
under the applicable regulations of the Bozeman Municipal Code.
10. The applicant upon submitting the final plan for approval by the Community Development
Director and prior to issuance of a building permit, will also submit a written narrative
outlining how each of the conditions of approval and code provisions have been satisfied.
11. Throughout the construction of the development, the protection of the existing boulevard trees
along North Bozeman Avenue and East Lamme Street shall be ensured.
Engineering Division Recommended Conditions
12. The pedestrian ramp on the southwest quadrant of the intersection of East Lamme Street and
North Bozeman Avenue shall be constructed to meet current ADA standards.
Zoning Designation & Adjacent 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. Room
should be provided in appropriate areas for logical and planned expansion of the present district.
important elements of this district.
The property is immediately surrounded by residential uses (single-household to multi-household) to the east, west and north. However, it is bordered by commercial uses (mixed use and office) to the south.
Please see below for a zoning map:
Growth Policy Designation
The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop
as “Community Core.” The traditional core of Bozeman is the historic downtown. This area has an
extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation
network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be
Map 2
Map Legend R-2: Residential Two-Household Medium Density
R-3: Residential Medium Density
B-3: Central Business District
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preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses
on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of
development is high with a Floor Area Ratio well over 1. Future development should continue to be
intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street.
Review Criteria & Staff Findings
Section 38.19.110.E, “Conditional Use Permit”
In addition to the review criteria of Section 38.19.100, “Plan review criteria,” (examined further below),
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;
Dave’s Sushi restaurant was originally approved by the City of Bozeman in 2005 for its cabaret alcohol
license (beer and wine). The restaurant has operated for the last seven years with on-premise consumption of alcohol without any complaints received from the public or by the Bozeman Police.
The proposed building addition will increase the building size by approximately 630 square feet (47% of
the existing restaurant square footage). Even with this increase, the Dave Sushi’s site is determined to
be adequate in size and topography to accommodate such a use due to its location within the greater
downtown commercial area.
The development does not require any on-site parking spaces, as the commercial use is less than 3,000
square feet and the Bozeman Unified Development Code allows for parking reductions for commercial
uses in the downtown area. However, seven parking spaces will be retained on the property for the use
of the restaurant customers. The property is also less than 800 feet from the downtown parking garage
structure as well as a public surface parking lot, providing a sufficient amount of parking opportunities.
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; and
The DRC believes the Dave’s Sushi proposal, with the recommended conditions of approval, can
operate without any adverse effects to the adjacent residential uses to the east, west and north. The
restaurant has been located at this property for well over ten years and has operated in cooperation with its residential neighbors.
As of the writing of this report, no public comment has been received in response to the required public
noticing of the project. Any public comments received following this report will be forwarded to the
City Commission prior to the public hearing.
Following review of the proposed application with the inclusion of the recommended conditions of approval, staff generally finds that the proposed use can be operated with no material adverse effects
upon abutting properties unless evidence presented at the public hearing proves otherwise and warrants
any special conditions as deemed necessary by the City Commission.
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.
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Conditions of approval are recommended to address specific Unified Development Code requirements
and to protect the public health, safety and general welfare as required under the CUP. Further
clarification on the reasoning for the recommended conditions is included below:
Condition 1 is recommended to recognize that the building addition will be occurring over the historic lot lines.
Condition 2 is recommended to ensure 26-feet of backing distance for the majority of the parking spaces
within the parking lot. This back up distance is a minimum standard in Article 38.25, BMC.
Condition 3 is included so it is clear how many parking spaces are provided with the development.
Condition 4 is included as a landscape plan is required for all site plan development.
Condition 5 is included so any seating located in the public right-of-way is correctly permitted by the
City of Bozeman.
Condition 6 is recommended to ensure the building has obtained occupancy by the City of Bozeman
prior to any members of the public occupies the building.
Condition 7 is included to ensure a copy of the Montana Department of Revenue approval is a part of the file record.
Condition 8 is included to notify the applicant that the City’s permission for the restaurant to serve
alcohol is revocable.
Condition 9 is recommended to notify changes to the development require the notification of the City of
Bozeman.
Condition 10 is included to ensure a written narrative is a part of the Final Site Plan application.
Condition 11 is recommended by the City Forester to protect the existing mature boulevard trees during
the development’s construction.
Condition 12 is recommended to ensure pedestrians accessing the restaurant are provided adequate ADA
access along the pedestrian sidewalks.
Section 38.19.100, “Plan Review Criteria”
In considering applications for plan approval under this title, the review authority and advisory bodies
shall consider the following criteria:
1. Conformance to and consistency with the City’s adopted growth policy;
This proposed land use and site design is consistent with the Community Core land use classification identified for this property in the City’s adopted growth policy (Figure 3-1; Future Land Use Map). This
use is also permitted within the underlying B-3 zoning district (restaurant use with on-premise
consumption of alcohol permitted through a CUP).
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. Staff has cited the following code provisions
that shall also be included in the recorded CUP document and to assist and advise the property owner in
regards to other City standards that must be adhered to in the operation of this business:
Community Development Code Provisions:
a. 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
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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. For your information, Code requirement. We will
provide you with a document to record on the property following preliminary approval.
b. 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. For your information, Code requirement.
c. Section 38.19.120 requires the applicant to submit seven (7) copies a final plan within 6 months
of preliminary approval containing all of the conditions, corrections and modifications to be
reviewed and approved by the Community Development Department. This is the final step in
the planning entitlement process. An application form and fee is required in addition to the
final plan set submittal.
d. If occupancy of the new addition or exterior patio 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; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. For your information,
Code requirement.
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). The final plan submitted shall show the most recent version of public and private utility locations.
f. Section 38.19.160 states that a building permit must be obtained prior to construction. Building
permits will not be issued until the final plan is approved. For your information, Code
requirement.
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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 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.” This notation is required for any mechanical equipment
that may be installed during construction that was not anticipated in the preliminary plan review.
h. Section 38.23.150.D.7.b states 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. Staff does
not have adequate information to determine if the proposed architectural lighting conforms to the requirements. This information must be included in the final site plan application.
i. Section 38.25.020.G states all parking stalls shall be marked with white or yellow painted lines
not less than four inches wide. Striping is missing from the existing parking lot and must be
installed prior to receiving occupancy of the building.
j. Section 38.25.040.A.4 states all parking lots and facilities shall be subject to current International Building Code guidelines for accessibility, and shall contain a minimum number of disabled accessible parking spaces as set forth in the ADAAG. The first accessible parking stall provided,
and one in every eight accessible spaces provided thereafter, shall have an aisle eight feet wide
(rather than five feet) and shall be signed "van accessible." All accessible parking spaces shall be
designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in the space. Signs and symbols painted on the pavement as the only means of identification do not meet this requirement.
Raised signs shall be located at a distance no greater than five feet from the front of each
accessible space and shall be subject to review and approval by the planning department. The
proposed accessible parking space shall abide by these minimum standards.
k. Section 38.25.050.A.5 describes required bicycle parking to be at least ten percent of the number of automobile parking stalls required by Tables 24-2 and 24-4 before the use of any special
exception or modification but shall in no case be less than two. Two bicycle racks shall be
provided on the property and the style of the racks must abide by the City’s long range
transportation plan.
l. Section 38.26.050 states the mandatory landscape provisions that must be met and demonstrated in the landscape plan. A landscape plan is required with the final site plan application and
must meet the minimum landscape provisions.
m. Section 38.26.050.C.2.a states requirements for parking lot screening: (1) All parking lots
located on a lot with a residential adjacency must be screened from that residential adjacency; (2) All parking lots located between a principal structure and a public street, except in M-1 and M-2 districts, must be screened from the public street; and (3) The screening required under
subsections C.2.a.(1) and (2) of this section shall be not less than four feet in width and shall be
maintained at a height of four to six feet except as otherwise restricted by fence and hedge height
limits within required front yards and street vision triangles. A landscape plan is required with the final site plan application and must demonstrate how required parking lot screening is being met.
n. Section 38.26.060 states all landscape plans must earn the minimum of points as specified
(which is 13 points for a B-3 zoned property outside of the “core” area with residential
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adjacency). A landscape plan is required with the final site plan application and must
demonstrate how 13 points are obtained.
o. Section 38.28.060.A.1 outlines the maximum amount of permitted signage allowed for the
building in the B-3 District. A sign permit/COA shall be required for all new signage on the property and can be submitted with the final site plan application.
p. 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 Community Development
Director. For your information, Code requirement.
q. 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. This will be required prior to occupancy following construction.
Engineering Division Cited Code Provisions
r. BMC Section 34.04.010 requires City standard sidewalk to be installed and properly depicted at
the standard location (i.e. 1 foot off property line) along the street(s) frontage. Any deviation to
the standard alignment or location must be approved by the City Engineer. Any existing city
sidewalk panels along Lamme and N. Bozeman that are damaged shall be replaced.
s. BMC Section 34.05 specifies the requirements to obtain a downtown sidewalk encroachment
permit. Any use of the public sidewalk in the core downtown area shall require an
encroachment permit.
3. Conformance with all other applicable laws, ordinances, and regulations;
Following Final Site Plan approval, the plans will be further evaluated against the requirements of the International Building Code at the time application is made for a building permit for the facility.
Conditions of approval address coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property;
No changes are proposed to the existing site plan elements of the building’s surrounding property.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
The development does not require any on-site parking spaces, as the commercial use is less than 3,000
square feet and the Bozeman Unified Development Code allows for parking reductions for commercial
uses in the downtown area. However, seven parking spaces will be retained on the property for the use
of the restaurant customers. The property is also less than 800 feet from the downtown parking garage
structure as well as a public surface parking lot, providing a sufficient amount of parking opportunities.
6. Pedestrian and vehicular ingress and egress;
The existing vehicular ingress and egress to the property will remain. The pedestrian access to the site is
ensured with Engineering Condition 12 requiring the pedestrian ramp at the southwest quadrant of the
East Lamme Street and North Bozeman intersection to be constructed to current ADA standards. Also,
the cited code provision to repair any and all damaged sidewalk panels in the public right-of-way helps maintain public health and safety.
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;
Condition 4 will ensure a landscape plan is submitted with the Final Site Plan application and several
code provisions speak to landscaping, including parking lot landscaping, requirements.
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8. Open space;
None required for this project as the development is commercial in nature.
9. Building location and height;
The existing building location and height remains unchanged. The building addition is proposed north of the existing building with a cross gable roof shape at an identical height.
10. Setbacks;
The building addition setback continues the existing building setback along the west property perimeter
and is within the B-3 zoning setback standards (which has no minimum yard setbacks).
11. Lighting;
If any new lighting is added to the building, it must be shown on the final site plan submittal. Code
provisions are cited addressing this requirement.
12. Provisions for utilities, including efficient public services and facilities;
Verification of back flow prevention is a cite code provision.
13. Site surface drainage;
No changes proposed or required.
14. Loading and unloading areas;
The proposed use will not impact the loading and unloading area, which is primarily within the adjacent
public alley.
15. Grading;
No change proposed.
16. Signage;
No signage is requested as part of this application. Signs presently exist at the site. Sign permits will be
required for any new signs.
17. Screening;
All proposed mechanical equipment shall be screened and shown on the final site plan submittal.
18. Overlay district provisions;
The proposed development is reviewed under the Standards for a Certificate of Appropriateness further
below.
19. Other related matters, including relevant comment from affected parties;
Public noticing for the project occurred during the week of June 24, 2013 and included posting on site,
listing in the legal section of the Bozeman Daily Chronicle and the notification of neighboring property
owners within 200 feet. No public comment has been received by the Department of Community
Development for this project. If public comment is received prior to the City Commission public
hearing, Staff will forward it to the Commission for their consideration.
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
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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.
21. Compliance with Article 8 of Chapter 10, BMC (Workforce Housing); and
Not applicable.
22. Phasing of Development.
Not applicable.
Section 38.16.050 Standards for Certificates of Appropriateness
Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness approval
for proposed alterations. In the discussion below, Administrative Design Review (ADR) Staff evaluated
the applicant's request in light of these standards.
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).
This application proposes an addition to a structure that is less than fifty years of age. Therefore, the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties do not apply to this project.
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; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression; 7. Architectural details; 8. Concealment of non-period appurtenances, such as mechanical equipment; and 9. Materials and color scheme.
The proposed building addition is at the same height of the existing building with a cross-gable roof
shape at an identical pitch. The addition is appropriately located north-south within an existing surface
parking area and will not occupy current open space or landscaping on the property. Door and window openings are proposed on the north and east building elevations of the addition and will appropriately
address the corner frontage of the property. Rather than using the dated CMU siding that is on the
existing building, the addition will feature blonde cedar horizontal siding with complimentary black
wood trim at the eaves and black steel mullions for the proposed windows. Staff finds the proposed
structure appropriate within the commercial context of the Neighborhood Conservation Overlay District.
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.
The existing accessory structure is not historically significant. The new design is compatible with the foregoing elements of the existing commercial structure and surrounding neighborhood.
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
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proposal is compatible with any existing or surrounding structures.
The Design Guidelines have been incorporated into the comments addressing the architectural
appearance design guidelines.
E. Conformance with other applicable development standards of this title.
The application is requesting a CUP. The required criteria for granting CUPs are examined in the
previous sections.
F. Tax abatement certificate of appropriateness applications are also reviewed with the
procedures and standards established in chapter 2, article 6, division 2.
Not applicable.
Conclusion
The DRC, including planning and engineering staff members, reviewed the Dave’s Sushi Addition
CUP/COA and recommend to the City Commission approval of said application with the conditions
outlined in 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 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.
BECAUSE THIS APPLICATION INCLUDES A REQUEST FOR A CONDITIONAL USE
PERMIT, THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 38.35.080.A OF THE BOZEMAN MUNICIPAL CODE.
Attachments: Applicant’s Submittal Materials
Report Sent to: Dave Weiss, 904 S. Black Ave., Bozeman, MT 59715
Dave’s Sushi/FMK, Inc., 115 N. Bozeman Ave., Bozeman, MT 59715
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List Of Property Owners Within 200 Feet of Dave's Sushi
(115 N. Bozeman Ave.)
-----------------------------------------------------------------------------------
Donna Lutey
420 S. 13th Ave.
Bozeman, MT 59715
Cary Costello
201 N. Bozeman Ave.
Bozeman, MT 59715
Kevin Bernard
205 N. Bozeman Ave.
Bozeman, MT 59715
Donna B. Edgerley, Trustee
Edgerley Revocable Trust UTD
305 N. Church Ave.
Bozeman, MT 59715
Paul R. Swift
109 E. Lamme St.
Bozeman, MT 59715
Joe Leith Newman
PO Box 46
Cardwell, MT 59721
Philip Sgamma
PO Box 7236
Bozeman, MT 59771
Mark and Gwen Croghan
1301 Driftwood Dr.
Bozeman, MT 59715
Ridge, LLC
151 McGee Dr.
Bozeman, MT 59715
Ladd and Barbara Rutherford
801 Walnut St.
Edmonds, WA 98020
Tom and Linda Hinman
116 N. Black Ave.
Bozeman, MT 59715
Charles Soper
124 N. Black
Bozeman, MT 59715
1st Security Bank Of Bozeman
PO Box 910
Bozeman, MT 59771
Color World of Montana, Inc.
201 E. Mendenhall St.
Bozeman, MT 59715
Marie Dalio & 77.5% Int
300 N. Willson Ave.
Suite 3004
Bozeman, MT 59715
Thomas J. Billion
118 E. Beall St.
Bozeman, MT 59715
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Narrative for Dave's Sushi Remodel/Expansion:
Dave's Sushi has been in operation at this address in the existing structure since
February 2003.
Dave's Sushi has been operating under the existing Conditional Use Permit parameters
[operation of Restaurant Beer And Wine License] granted in April 2006. There have
been no complaints regarding this Conditional Use Permit during this time.
A variance will be required to allow the existing non-conforming setbacks.
The proposed expansion/site plan will not increase any of the existing deviations already
allowed for the current structure/site plan. Specifically, the proposed addition will NOT
increase any of the existing deviations of the property line setbacks allowed for the
current structure.
Per 6/4/13 phone discussion with Dustin Johnson in Engineering Department, no
Stormwater Management Permit Application is included with this site plan. Dustin said
it was not applicable to this site plan application and that his decision was discussed
with the Planning Department.
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Schedule for Dave's Sushi Remodel/Expansion:
The below schedule is subject to adjustment based on timing of permitting,
weather, and/or other circumstances beyond control.Anticipated start date
between 9/15 & 9/30/13:
•3 weeks for excavation & foundation [restaurant to be open to public
during this time]
•3 to 4 weeks for framing and dry-in of addition, to begin after foundation is
done [restaurant to be open to public during this time]
•3 to 4 weeks for interior integration of addition to existing structure and
completion of interior, to begin 2 weeks after beginning of framing
[restaurant to be closed to public during this time]
Anticipated completion date between 11/30 & 12/6/13.
In addition, the exterior existing structure will be repainted after completion of
construction of addition. Due to timing/weather restrictions this will likely not
occur until spring of 2014.
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Dave’s Sushi [ remodel // expansion ] : : city proposal
06.06.2013
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Dave’s Sushi [ remodel // expansion ] : : city proposal : : existing : : 1/8” = 1’
Existing Program //
1 kitchen
2 sushi bar
3 storage
4 dining room
5 exterior dining
6 ADA customer employee
bathroom [5’ x 8’]
7 office
1
2
3
4
6
5
7
grease trap
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20.6717.00
24.00
27.67Dave’s Sushi [ remodel // expansion ] : : city proposal : : floor one : : 1/8” = 1’
1
5
7
8 89
2
6
3
4
Expansion Program //
1 kitchen
2 sushi bar
3 storage
4 server station
5 dining room
6 exterior dining
7 waiting area
8 ADA customer bathroom
[ 5’ x 8’ ]
9 employee bathroom
grease trap
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24.00
Dave’s Sushi [ remodel // expansion ] : : city proposal : : basement : : 1/8” = 1’
Basement Program //
10 office [ 8’ below grade ]
11 mechanical
12 crawl space [ 4’ below grade ]
12
11
10
egress window from basement
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Dave’s Sushi [ remodel // expansion ] : : city proposal : : east elevation : : 1/8” = 1’
Dave’s Sushi [ remodel // expansion ] : : city proposal : : north elevation : : 1/8” = 1’
15’
13’
8’
1 black asphalt roofing
2 black wood trim
3 existing cmu
4 black sign
5 blonde cedar siding
6 black steel mullions
7 glass [transparent]
lighting under entry
way east face
lighting under entry
way north faceblond cedar to match building
black steel support post
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Dave’s Sushi [ remodel // expansion ] : : city proposal : : west elevation : : 1/8” = 1’
Dave’s Sushi [ remodel // expansion ] : : city proposal : : south elevation : : 1/8” = 1’
existing alley trash / recycling container
existing hvac equipment
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