HomeMy WebLinkAboutConditional Use Permit and Certificate Of Appropriateness for 201 East Main Street
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Planner I/ Historic Preservation Officer
Wendy Thomas, Director of Community Development
SUBJECT: A Conditional Use Permit and Certificate of Appropriateness for the property addressed as 201 East Main Street, to allow the establishment of a restaurant with a serving area for on-premise alcohol consumption in the
rear portion of the building. The conditional use permit is required for the
establishment of the serving area for on-premise alcohol consumption.
The Certificate of Appropriateness is required for the proposed building addition due to the building’s location within the Main Street Historic District and the Neighborhood Conservation Overlay District. - File
Z13209
MEETING DATE: October 21, 2013
AGENDA ITEM TYPE: Action – Quasi-Judicial
RECOMMENDATION: That the City Commission approves the Conditional Use Permit and Certificate of Appropriateness Application Z13209 to allow the establishment of a serving area
for on-premise alcohol consumption in the rear portion of the commercial structure at 201 East
Main Street.
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 Z13209 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 3), review criteria (page 4), code provisions (page 15).
BACKGROUND: A Conditional Use Permit and Certificate of Appropriateness for the property
addressed as 201 East Main Street, to allow the establishment of a restaurant with a serving area for on-premise alcohol consumption in the rear portion of the building. The conditional use permit is required for the establishment of the serving area for on-premise alcohol consumption.
The Certificate of Appropriateness is required for the proposed building addition due to the
building’s location within the Main Street Historic District and the Neighborhood Conservation
Overlay District.
17
On October 2, 2013, the Development Review Committee (DRC) recommended conditional
approval of the Home Page CUP/COA application (file no. Z13209) and their recommended
conditions and comments are included in this report.
No public comment on this application has been received to date.
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 criteria 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: October 9, 2013
18
Page 1 of 18
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Date: City Commission meeting is on October 21, 2013
Project Description: A Conditional Use Permit and Certificate of Appropriateness for the
property addressed as 201 East Main Street, to allow the establishment of a
restaurant with a serving area for on-premise alcohol consumption in the rear portion of the building. The conditional use permit is required for the establishment of the serving area for on-premise alcohol consumption. The Certificate of
Appropriateness is required for the proposed building addition due to the building’s
location within the Main Street Historic District and the Neighborhood Conservation
Overlay District.
Project Location: The property is addressed as 201 East Main Street. It is legally described as Lot 1 and the 25.5 West Side Lot 2 Plat A-1, Original Townsite, City of Bozeman,
Gallatin County, Montana.
Recommendation: Approval with conditions
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 Z13209 and move to approve the
Home Page Café Conditional Use Permit and Certificate of Appropriateness with conditions and subject to all applicable code provisions.
Report Date: Monday, October 14, 2013
Prepared by: Courtney Kramer
Table of Contents SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL ....................................... 3
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 4
SECTION 4 - STAFF ANALYSIS........................................................................................... 4
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 4
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC ................ 7
Standards for Certificates of Appropriateness, Section 38.16.050, BMC .......................... 9
Neighborhood Conservation Overlay District Review Criteria ........................................ 12
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 15
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 17
APPENDIX C- DETAILED PROJECT DESCRIPTION AND BACKGROUND ............... 18
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 18
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 18
19
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 2 of 18
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Commercial building: zoned B-3, Commercial Core
South: Commercial mixed use building: zoned B-3, Commercial Core
East: Commercial mixed use building: zoned B-3, Commercial Core
West: Commercial building: zoned B-3, Commercial Core
Vicinity Map from Growth Policy; pink indicates Community Core designation in the
Growth Plan
20
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 3 of 18
SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the Conditional Use Permit (CUP) and Certificate
of Appropriateness (COA).
Recommended Conditions of Approval:
1. Section 38.41.080.g.7 requires sewer and water services shall be shown on the Final Site Plan and approved by the Water/Sewer Superintendent. City of Bozeman
applications for service shall be completed by the applicant. Necessary backflow
prevention must be demonstrated for the existing water service line.
2. The applicant is advised that any establishments responsible for food preparation shall
install an outside two-compartment grease interceptor. If space is not available for an interceptor a grease trap shall be installed under the three-chambered sink.
Interceptor/trap design and installation is subject to City of Bozeman Building
Division approval. In accordance with Municipal Code, the applicant is further advised
that on-site maintenance records and interceptor service shall be maintained on a
regular basis and made available to the City upon request.
3. The encroachment into North Bozeman Avenue right of way cannot be approved with
this application. The procedure for applying for this type of encroachment is spelled
out in the Bozeman Municipal Code Chapter 34, Article 5. Any proposed
encroachment into the right of way must meet all ADA and Bozeman Municipal Code
requirements. An application for encroachment shall be made, reviewed, and approved prior to final site plan approval for this conditional use permit.
4. The final plan application shall include the location and proposed size of trash storage
area as approved by the Superintendent of Solid Waste. If the trash storage is not on the
property an easement adequate for trash storage and access shall be provided and
recorded prior to final plan approval.
5. There shall be no tenant use of the described restaurant space, including public access,
furniture stocking or on site employee interviews, training, or orientations, prior to the
issuance of a certificate of occupancy for the restaurant space. 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.
6. A copy of the Montana Department of Revenue liquor license for the establishment
shall be submitted to the Department of Community Development prior to the sale of
alcoholic beverages.
7. 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 substantiated 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.
8. 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.
21
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 4 of 18
9. That 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.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. 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. No photometric lighting information was submitted with the preliminary
plan. These details are required with the final plan application.
B. 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.” Mechanical equipment is not shown on the preliminary plan set. This
notation is required for any mechanical equipment that may be installed during
construction that was not anticipated in the preliminary plan review.
SECTION 4 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The site is located at 201 East Main Street, in the B-3 commercial core. The structure at 201
East Main Street was constructed in 1928 under the design of Fred Willson. The Home Page
Café will be developed in the 1937 addition to the rear of the structure. Both portions of the
building are listed on the National Register of Historic Places as part of the Bozeman Main Street Historic District.
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.
In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following:
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. The project directly responds to the following goals and objectives of the Growth Policy:
22
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 5 of 18
Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character, economic resource and historical connection represented by this area.
Objective LU-3.1: Ensure that development and redevelopment of this area,
including the adaptive reuse of historic buildings, is done in a manner which
enhances, and is compatible with, the current community fabric.
Goal HP-1: Protect historically and culturally significant resources that contribute to the community’s identity, history, and quality of life.
This use is also permitted within the underlying B-3 zoning district (restaurant use
with on-premise consumption of alcohol is permitted through a CUP).
2. Conformance to this chapter, including the cessation of any current violations
With the recommended conditions of approval, the application will conform to Bozeman Municipal Code Chapter 38 “The Unified Development Code.” There are no known non-
conformities with Municipal Code on the property.
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
The application proposes to develop a new ADA ramp in the City’s North Bozeman Avenue
right of way which will access the front door of the business. The process for establishing this encroachment is included as recommended Condition of Approval number three.
The application proposes a second exit for emergency egress along the north side of the
building. Patrons using this exit will be protected from traffic by bollards in the city alley.
Recommended Condition of Approval number four would improve the trash removal
facilities for the existing business by creating a protected off-site location across the alley.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
The building at 201 East Main Street has been designated 22.4 parking spaces with SID 565.
A comprehensive evaluation of parking demand for the property, including the 1928 retail
space and the 1937 warehouse portion, indicates that with the reduction in required parking spaces as outlines in BMC 38.25 “Parking,” only 15 spaces are required. The property is also
two blocks 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
Pedestrian ingress and egress will primarily be accessed from the recently improved sidewalk on the east side of North Bozeman Avenue. No modifications to vehicular ingress and egress
are proposed.
23
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 6 of 18
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
BMC 38.26 “Landscaping” requires no landscaping for properties in the B-3 “Core Area.”
This property is in the B-3 Core Area, thus no landscaping is proposed or required.
8. Open space
The application does not require the dedication of open space.
9. Building location and height
The building’s location and overall height will not be modified with this application.
10. Setbacks
BMC 38.10.050 “Commercial Zoning- yards” establishes no minimum yards for the B-3 zoning designation, except a five foot minimum yard along alleys. The application proposes
no modification to the building’s setbacks, thus the existing non-conforming setback into the
alley does not need to come into conformance.
11. Lighting
BMC Section 38.23.150.D.7.b requires that all lighting 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. No photometric lighting information was submitted with the
preliminary plan. This information will be submitted with the Final Plan application.
12. Provisions for utilities, including efficient public services and facilities
Recommended Condition of Approval number one and number two reflect the protection and
efficient use of public services and facilities.
13. Site surface drainage
The application proposes no modifications to the site’s surface drainage. Storm drainage is
provided by the existing collection system which services the older portion of town.
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
The application proposes no modifications to the existing grading.
16. Signage
Per Section 38.28.080, BMC a Comprehensive Sign Plan application will be required for the
entire structure with any new Sign Application. Approval of signage is not included in this
entitlement. The application does, however, provide calculations for total signage allowed for
the property at 201 East Main Street. As the property is on a corner a total of 126 square feet of signage will be allowed. The application divides the total signage allowance between the
Rocky Mountain Rug Gallery and the Home Page Café. Specific locations and design of new
signage will be clarified with a Comprehensive Sign Plan application.
24
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 7 of 18
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
At the time of this staff report the Department of Community Development has not received
comment from affected parties. The project was publicly noticed as outlined in Appendix D.
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.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The development proposed with this application meets all dimensional requirements of the Unified Development Code.
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 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.
25
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 8 of 18
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:
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. The following conditional use review criteria were reviewed during the review of this application. At the time of this report staff finds it unnecessary to further condition the
full alcohol use proposed with this application.
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an orderly and efficient manner.
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be
26
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 9 of 18
binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final site plan process
and will be required prior to approval of the final site plan.
Standards for Certificates of Appropriateness, Section 38.16.050, BMC
Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness
approval for proposed alterations.
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 modifications to the northern portion of the 1928 Montgomery
Ward building, addressed as 201 East Main Street. The property contributes to the National
Register of Historic Places as part of the Bozeman Main Street Historic District.
In 1937 a warehouse addition was constructed on the north elevation of the building near the
alley. The application proposes to modify the warehouse’s exterior facades in conjunction
with adaptive reuse of the warehouse addition into restaurant space.
The warehouse space reflects continued investment in commercial retail space during
Bozeman’s Nationalization Phase of development (1930-1945). Bozeman’s Historic
Resource Survey (2008 Revised Edition) notes:
“During the New Deal years, the prevailing architectural styles in Gallatin County
expressed new national ideals of efficiency and streamlining through structure and ornament that derived from industrial design…Main Street facades underwent
some transformation to Art Moderne or Art Deco styles, and infill buildings often
compromised between the verticality of their older neighbors.”
The warehouse space is a historic addition to the building. Character defining features include the horizontal emphasis of the structure, the plain functionality of windows on a
blank wall of wire-raked tapestry brick along North Bozeman Avenue and presence of
loading dock access from the alley. As a historic addition to the Montgomery Ward building
modifications to the warehouse should be compatible with the historic addition.
27
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 10 of 18
The Secretary of the Interior’s Standards for the Treatment of Historic Properties have been incorporated into the design review below.
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;
The warehouse addition is 23.5 in height. The application proposes no modifications to the
structure’s height.
This criterion is not applicable.
2. Proportions of doors and windows;
The west façade of the warehouse currently has two windows and no pedestrian access into
the space. The application proposes removal of the northern window and removal of portions
of the brick façade in order to install a new aluminum storefront and window space above. This will be the primary entrance for the restaurant space.
The north façade currently presents a loading dock at the north west corner of the building
and two windows. The loading dock space will be opened and expanded vertically with the
same storefront system being installed on the west façade. The middle window will be expanded vertically. The western window will remain as is and a new alley-level exit door
will be cut into the building.
Staff finds the modifications to the warehouse’s doors and windows appropriate.
3. Relationship of building masses and spaces;
This application proposes to bring public use to a space initially constructed as “back of
house” retail. A pedestrian entrance to the space is an appropriate modification which is
necessary to enable adaptive reuse. The proposed design preserves the massing, scale and
spaces of the warehouse.
Staff finds the relationship of building masses and spaces appropriate.
4. Roof shape;
The warehouse roof is a commercial flat roof. The application proposes no modifications to the warehouse roof.
This criterion is not applicable.
28
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 11 of 18
5. Scale;
The warehouse addition was constructed to be subordinate to the principal Montgomery
Ward retail structure. The application proposes no modifications to the warehouse’s scale.
This criterion is not applicable.
6. Directional expression;
The primary directional expression of the warehouse is horizontal. The proposed
modifications introduce vertical elements by expanding existing openings in the façade.
Staff finds the slight modifications to the directional expression appropriate.
7. Architectural details;
As a utilitarian space, the warehouse was bereft of architectural detailing except the windows
and doors. The application proposes modification of the windows and doors. Replacement
windows are arranged in a manner to emphasize the horizontality of the warehouse structure.
Staff finds the modifications to the warehouse’s architectural details appropriate.
8. Concealment of non-period appurtenances, such as mechanical equipment; and
Mechanical equipment is not shown on the application. Staff noted the necessity of showing mechanical equipment under Section 3, code requirement B on page four of this report.
9. Materials and color scheme.
The application proposes the insertion of aluminum frame storefront and windows, a steel
awning and steel and concrete access ramp.
Staff finds the proposed materials and color scheme appropriate.
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.
This application strives to enable adaptive reuse of the warehouse space while minimizing the loss of historic materials. This approach is consistent with the Secretary of the Interior’s
Standards for Rehabilitation, particularly:
SOI 1: A property shall be used for its historic purpose or be placed in a new use that
requires minimal change to the defining characteristics of the building and its site and environment.
29
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 12 of 18
SOI 2: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall
be avoided.
SOI 4: Most properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved.
SOI 9: New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be differentiated
with the massing, size, scale and architectural features to protect the historic integrity of
the property and its environment.
SOI 10: New addition and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
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 have been incorporated into the comments on the previous page
addressing the architectural appearance design guidelines.
E. Conformance with other applicable development standards of this title.
The application requests a Conditional Use Permit (CUP) for the sale of alcohol for on-site
consumption. Please see page seven of this report for the Conditional Use Permit Review Criteria, Section 38.19.100, BMC.
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.
Neighborhood Conservation Overlay District Review Criteria
Chapter 1. Rehabilitation Guidelines for Historic Properties
30
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 13 of 18
A. Character-Defining Features
The application preserves the character defining features of the warehouse addition.
B. Historic Building Materials
The application preserves the original exterior building materials including the wire-raked
tapestry brick, which will remain unpainted. New materials will not be applied to cover the historic material.
C. Individual Building Features
Historic windows will be maintained in their opening, and in some cases expanded. A
window on the west façade will be expanded into a doorway. The roof and foundation will not be modified. There is not a historic sign for this structure.
Chapter 2. Design Guidelines for All Properties
A. Topography
The property slopes from the south to the north. An access ramp will be introduced on South
Bozeman Avenue.
B. Street Patterns
The proposed design respects historic settlement patterns.
C. Alleys
The alley will not be modified with this application.
D. Streetscape
The North Bozeman streetscape was recently reconstructed by the City of Bozeman and the
Downtown Bozeman Partnership. New sidewalks, with street trees and lights, were installed
in 2012.
E. Landscape Design
The new street trees will be preserved. No additional landscaping is required or proposed.
F. Building Form
The application does not modify the building’s form.
G. Solid-to-Void Ratio
The solid to void ratio of this structure will be modified appropriately.
31
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 14 of 18
H. Materials
The application proposes new materials that are similar in character to traditional materials in
the Main Street Historic District.
I. Architectural Character
The modifications proposed with this application compliment the architectural character of the existing building.
J. Parking
Not applicable.
K. Buffers
Not applicable.
L. Site Lighting
Site lighting is not shown on the application. Staff noted the necessity of showing mechanical equipment under Section 3, code requirement A on page four of this report.
M. Utilities and Service Areas
Service areas for this structure will be located across the alley.
Chapter 4. Guidelines for the Commercial Character Area
A. Mass and Size
The application does not modify the mass and size of the warehouse.
B. Building and Roof Form
The application maintains the rectangular building form and flat roof common in the Main
Street Historic District.
C. Building Setbacks
The application proposes no modifications to building setbacks.
D. Horizontal Alignment
The application maintains the horizontal alignment that characterizes the commercial district.
E. New Storefront Character
Not applicable.
32
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 15 of 18
F. Parking Facilities
Not applicable.
G. Site Furniture
Not applicable.
H. Awnings and Canopies
The application proposes a fixed metal canopy over the entryway.
I. Signs
The application does not include information about signage for the building. All signage will
be reviewed in conjunction with a Comprehensive Sign Plan for the Montgomery Ward
buildings.
Chapter 5. District-Specific Descriptions
D. Main Street historic District
The proposed design appropriately reflects the district character.
APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves forward. These will need to be addressed as part of the final site plan application or other
process step.
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 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
33
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 16 of 18
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. 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.
e. 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.
f. Section 38.23.170 BMC discusses trash enclosures. Temporary storage of garbage,
refuse and other waste materials shall be provided for every use, other than single-
household dwellings, duplexes, individually owned town house or condo units, in every
zoning district, except where a property is entirely surrounded by screen walls or buildings unless alternative provisions are made to keep trash containers inside the garage
in which case an explanation of how trash is dealt with shall be provided in the written
narrative accompanying your final site plan. The size of the trash receptacle shall be
appropriately sized for the use and approved by the City Sanitation Department.
Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the
34
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 17 of 18
location of the trash enclosure, dimensions of the receptacle and enclosure and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone:
582-3238) prior to site plan approval. (e.g. written approval from local waste services for
the removal of solid waste and/or provisions for screening of collection areas shall be
provided with the final site plan). Final approval of the trash storage location and/or off
site easement location is required by the Sanitation Superintendent prior to final plan approval.
g. Section 38.28.060 BMC outlines the amount of permitted signage for a commercial
building in the B-3 zoning designation. A comprehensive sign plan and sign permit shall
be reviewed and approved by the Department of Community Development prior to the
construction and installation of any on-site signage. For the applicant’s information, Code requirement.
h. 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 is
required following construction and prior to occupancy.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “B-3” (Commercial Core). The intent of the B-3 central business 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.
It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street
from Grand to Rouse and to the alleys one-half block north and south from Main Street.
Lower volume pedestrian uses such as professional offices may locate on ground floor space
in the B-3 area outside the above-defined core.
Adopted Growth Policy Designation:
The property is designated as “Community Core” in the Bozeman Community Plan. 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 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.
35
Z-13203, Staff Report for the Home Page Café Conditional Use Permit and Certificate of Appropriateness
Page 18 of 18
APPENDIX C- DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
An application was submitted to the Department of Community Development requesting a
Conditional Use Permit and Certificate of Appropriateness for the property addressed as 201
East Main Street, to allow the establishment of a restaurant with a serving area for on-premise alcohol consumption in the rear portion of the building. The conditional use
permit is required for the establishment of the serving area for on-premise alcohol
consumption. The Certificate of Appropriateness is required for the proposed building
addition due to the building’s location within the Main Street Historic District and the
Neighborhood Conservation Overlay District.
Project Background
Please see above.
APPENDIX D – NOTICING AND PUBLIC COMMENT
Public notices for this project were posted on site, mailed to adjoining property owners and posted on the City of Bozeman’s website the week of September 18, 2013. Notices ran in the
Legal section of the Bozeman Daily Chronicle on September 29 and October 6, 2013. Notice
was provided at least 15 and not more than 45 days prior to the City Commission public
hearing on October 21, 2013.
Appendix E - Owner Information and Reviewing Staff
Owner/Applicant: Haj Javad, LLC, PO Box 186, Bozeman, MT 59771
Representative: Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715
Report By: Courtney Kramer, Planner I/ Historic Preservation Officer
36
PREPARED BYPREPARED BYPREPARED BYPREPARED BY
HOMEPAGE CAFÉ HOMEPAGE CAFÉ HOMEPAGE CAFÉ HOMEPAGE CAFÉ
201 East Main Street201 East Main Street201 East Main Street201 East Main Street
CUP/COA ApplicationCUP/COA ApplicationCUP/COA ApplicationCUP/COA Application
AUGUST 2013AUGUST 2013AUGUST 2013AUGUST 2013
37
2 0 1 E a s t M a i n S t r e e t R e u s e A p p l i c a t i o n
PROJECT NARRATIVEPROJECT NARRATIVEPROJECT NARRATIVEPROJECT NARRATIVE
This Conditional Use Permit Application proposes to allow a bar/restaurant in the rear portion of
the existing building located at 201 East Main Street. A Reuse/Certificate of Appropriateness
Application (#Z-12004) to allow a restaurant in this location was preliminarily approved in March
of 2012. Note that the applicant worked extensively with City Staff during that review process to
arrive at the conceptual design included in this application.
This application specifically includes a full liquor license. full liquor license. full liquor license. full liquor license. Also, as reviewed in Application #Z-
12004, the following building modifications are proposed:
· The addition of a new storefront on the west elevation
· The addition of a ramp required due to existing grade changes and accessibility requirements
· The addition of new fenestration on the north elevation
· Interior remodel
· New signage
Refer to the attached drawing set for more detailed information.
The project is located within the B3 District, the Bozeman Tax Increment Finance District and is
consistent with the Bozeman Community Plan and the Downtown Design Guidelines and
Standards and the 2009 Downtown Improvement Plan including the following:
“Maximize underutilized parcels” (Page 10)“Maximize underutilized parcels” (Page 10)“Maximize underutilized parcels” (Page 10)“Maximize underutilized parcels” (Page 10)
The rear (north) portion of this existing building has been used as retail storage space in the past.
Prior to the devastating gas explosion damage, initial plans were being made to understand how to
better utilize and activate the warehouse space, including the addition of a mezzanine. The
addition of a restaurant use would certainly maximize this underutilized building.
“All streets and sidewalks in downtown should be designed to make the experience of pedestrians “All streets and sidewalks in downtown should be designed to make the experience of pedestrians “All streets and sidewalks in downtown should be designed to make the experience of pedestrians “All streets and sidewalks in downtown should be designed to make the experience of pedestrians
and bicyclists safe, comfortable and visually appealing… Public spaces and bicyclists safe, comfortable and visually appealing… Public spaces and bicyclists safe, comfortable and visually appealing… Public spaces and bicyclists safe, comfortable and visually appealing… Public spaces ---- both large and small both large and small both large and small both large and small ----
should be enhanced and made active through programming or adjacent uses that can animate and should be enhanced and made active through programming or adjacent uses that can animate and should be enhanced and made active through programming or adjacent uses that can animate and should be enhanced and made active through programming or adjacent uses that can animate and
oversee them” (Page 12oversee them” (Page 12oversee them” (Page 12oversee them” (Page 12----13)13)13)13)
Enhancements to the west side of the building would activate the adjacent section of North
Bozeman Avenue.
“...there are a number of ways of enhancing the core, such as emphasizing brightly lighted display “...there are a number of ways of enhancing the core, such as emphasizing brightly lighted display “...there are a number of ways of enhancing the core, such as emphasizing brightly lighted display “...there are a number of ways of enhancing the core, such as emphasizing brightly lighted display
windows, unique signs, special decorative lighting, so that it is clearly seen by all as a place to use windows, unique signs, special decorative lighting, so that it is clearly seen by all as a place to use windows, unique signs, special decorative lighting, so that it is clearly seen by all as a place to use windows, unique signs, special decorative lighting, so that it is clearly seen by all as a place to use
18 hours a day” (Page 15)18 hours a day” (Page 15)18 hours a day” (Page 15)18 hours a day” (Page 15)
Again the potential to “open” this façade will help activate this side street as well as benefit the
existing business. A restaurant/bar has a presence beyond the normal hours of operation for retail
or office uses.
In terms of parking, 22.4 spaces were designated with SID 565. With the existing retail and new
restaurant (and all available reductions), only 15 spaces are required.
39
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet:
Haj Javad, LLC
HomePage Cafe CUP/COA Application
PO Box 186, Bozeman MT 59771
(406) 585-7900
jalal@rockymountainruggallery.com
[same as above]
Intrinsik Architecture, Inc.
111 North Tracy Avenue, Bozeman MT 59715
406-582-8988
sriggs@intrinsikarchitecture.com
406-582-8911
201 East Main Street
CUP/COA to allow bar/restaurant with full liquor license in rear portion of existing building
B3 retail
Community Core
BOZEMAN ORIGINAL PLAT, S07, T02 S, R06E, BLOCK D, Lot 1, & 25.5' W S LOT 2 PLAT A-1
8025 80250.18 0.18
41
42
SITE PLAN CHECKLIST
These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following:
Design Review Board (DRB) Site Plan Review Thresholds Yes No
1. 20 or more dwelling units in a multiple household structure or structures
2. 30,000 or more square feet of office space, retail commercial space, service commercial space or
industrial space
3. 20,000 or more square feet of exterior storage of materials or goods
4. Parking for more than 90 vehicles
B. General Information. The following information shall be provided for site plan review:
General Information Yes No N/A
1. Location map, including area within one-half mile of the site
2. List of names and addresses of property owners according to Chapter 38.40, BMC (Noticing)
3. A construction route map shall be provided showing how materials and heavy equipment will
travel to and from the site. The route shall avoid, where possible, local or minor collector
streets or streets where construction traffic would disrupt neighborhood residential character
or pose a threat to public health and safety
4. Boundary line of property with dimensions
5. Date of plan preparation and changes
6. North point indicator
7. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet
8. Parcel size(s) in gross acres and square feet
9. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR),
with a breakdown by land use
10. Location, percentage of parcel(s) and total site, and square footage for the following:
a. Existing and proposed buildings and structures
b. Driveway and parking
c. Open space and/or landscaped area, recreational use areas, public and semipublic land,
parks, school sites, etc.
d. Public street right-of-way
11. Total number, type and density per type of dwelling units, and total net and gross residential
density and density per residential parcel
12. Detailed plan of all parking facilities, including circulation aisles, access drives, covered and
uncovered bicycle parking, compact spaces, handicapped spaces and motorcycle parking, on-
street parking, number of employee and non-employee parking spaces, existing and proposed,
and total square footage of each
Page 3
(Site Plan Checklist – Prepared 12/05/03; revised 9/22/04; revised 7/24/07, revised 11/14/11)
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
No onsite driveways or parking
No onsite open space, landscaped areas or public land
No onsite right-of-way
No residential dwelling units
No onsite parking
Project does not meet DRB thresholds
43
Page 4
General Information, continued Yes No N/A
13. The information required by Section 38.41.060.L, BMC (Streets, Roads and Alleys), unless
such information was previously provided through a subdivision review process, or the
provision of such information was waived in writing by the City during subdivision review of
the land to be developed, or the provision of such information is waived in writing by the City
prior to submittal of a preliminary site plan application
14. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitability of such soils for the intended construction and proposed landscaping
15. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or structure(s)
b. Height above mean sea level of the elevation of the lowest floor and location of lot
outfall when the structure is proposed to be located in a floodway or floodplain area
c. Floor plans depicting location and dimensions of all proposed uses and activities
16. Temporary facilities plan showing the location of all temporary model homes, sales offices
and/or construction facilities, including temporary signs and parking facilities
17. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with Section 38.41.050.H, BMC (Noxious Weed Management and Revegetation
Plan)
18. Drafts of applicable supplementary documents as set forth in Chapter 38.38, BMC
(Supplementary Documents)
19. Stormwater Management Permit Application required
C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite
and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way,
unless otherwise stated:
Site Plan Information Yes No N/A
1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning
Director
2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to
major arterial streets where the distances shall be 200 feet
3. On-site streets and rights-of-way
4. Ingress and egress points
5. Traffic flow on-site
6. Traffic flow off-site
7. Utilities and utility rights-of-way or easements:
a. Electric
b. Natural gas
c. Telephone, cable television and similar utilities
d. Water
e. Sewer (sanitary, treated effluent and storm)
8. Surface water, including:
a. Holding ponds, streams and irrigation ditches
b. Watercourses, water bodies and wetlands
c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be
identified as lying within a 100-year floodplain through additional floodplain
delineation, engineering analysis, topographic survey or other objective and factual
basis
d. A floodplain analysis report in compliance with Chapter 38.31, BMC (Bozeman
Floodplain Regulations) if not previously provided with subdivision review
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Remodel of existing building
Remodel of existing building
Not in floodplain - remodel
of existing building
None proposed
Remodel of existing downtown building
Remodel of existing building
Remodel of existing building
No changes proposed - remodel of existing building
No on-site streets or rights-of-way
No on-site traffic
No changes are proposed to the
utilities or easements - again, this is a
remodel of an existing building
No changes are proposed to the
utilities or easements - again, this is a
remodel of an existing building
44
Page 5
Site Plan Information, continued Yes No N/A
9. Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as required by the Engineering Department, or in compliance
with B.M.C. Chapter 40 Article 4 storm drainage ordinance and best management practices
manual adopted by the City
10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated
into the storm drainage system for the property shall be designated:
a. The name of the drainageway (where appropriate)
b. The downstream conditions (developed, available drainageways, etc.)
c. Any downstream restrictions
11. Significant rock outcroppings, slopes of greater than 15 percent or other significant
topographic features
12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details
and interrelationships with vehicular circulation system, indicating proposed treatment of
points of conflict
13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps,
parking spaces, handrails and curb cuts, including construction details and the applicant’s
certification of ADA compliance
14. Fences and walls, including typical details
15. Exterior signs. Note – The review of signs in conjunction with this application is only review
for compliance with Chapter 38.28, BMC (Signs). A sign permit must be obtained from the
Department of Planning and Community Development prior to erection of any and all signs.
16. Permanent and construction period exterior refuse collection areas, including typical details
17. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both
vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses,
containing a layout of all proposed fixtures by location and type. The materials required in
Section 38.41.060.18, BMC (Lighting Plan), if not previously provided
18. Curb, asphalt section and drive approach construction details
19. Landscaping - detailed plan showing plantings, equipment, and other appropriate information
as required in Section 38.41.100, BMC (Submittal Requirements for Landscaping Plans). If
required, complete section C below
20. Unique natural features, significant wildlife areas and vegetative cover, including existing trees
and shrubs having a diameter greater than 2.5 inches, by species
21. Snow storage areas
22. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning
Jurisdiction, within or near the development
23. Existing zoning within 200 feet of the site
24. Historic, cultural and archeological resources, describe and map any designated historic
structures or districts, and archeological or cultural sites
25. Major public facilities, including schools, parks, trails, etc.
26. The information necessary to complete the determination of density change and parkland
provision required by Chapter 38.27, BMC, unless such information was previously
determined by the City to be inapplicable and written confirmation is provided to the
applicant prior to submittal of a preliminary site plan application. If a new park will be created
by the development, the park plan materials of Section 38.41.060.16, BMC shall be provided.
27. Describe how the site plan will satisfy any requirements of Article 8 Section 10, BMC
(Affordable Housing) which have either been established for that lot(s) through the
subdivision process or if no subdivision has previously occurred are applicable to a site plan.
The description shall be of adequate detail to clearly identify those lots and dwellings
designated as subject to Article 8 Section 10, BMC compliance requirements and to make the
obligations placed on the affected lots and dwellings readily understandable.
x
No changes proposed - remodel of existing building
x
No such features present on site
x
x
x
No such features present on site
None proposed
x
x
x
x
xNone proposed
None proposed
x
x
x
No such features present on site
Downtown location not near city limits
xNone proposed
x
x
x
All historic information regarding property already on file at city
x
No residential
development proposed
x
No residential
development proposed
& ordinance on hold
45
Page 3
(Certificate of Appropriateness Checklist 2 – Prepared 11/25/03; revised on 9/8/04, revised 11/14/11)
CERTIFICATE OF APPROPRIATNESS CHECKLIST 2
If a project is located in the Neighborhood Conservation Overlay District or the Entryway Corridor Overlay District, and DOES NOT
qualify for review as a Sketch Plan; Reuse, Change of Use or Further Development of a Site Developed Before 9-3-91; or
Amendment/Modification of a Plan Approved On or After 9-3-91, this checklist shall be used. See Section 38.19.050 (Sketch Plan
Review), Section 38.19.150 (Amendments to Sketch and Site Plans) or Section 38.19.170 (Reuse, Change in Use or Further Development
of Sites Developed Prior to the Adoption of the Ordinance Codified in This Title), BMC.
These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be
explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Neighborhood Conservation Overlay District. If a proposed development is located in the Neighborhood Conservation Overlay
District, information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of
appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned
alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a
minimum, the following items shall be included in the submission:
Neighborhood Conservation Overlay District Information Yes No N/A
1. One current picture of each elevation of each structure planned to be altered and such
additional pictures of the specific elements of the structure or property to be altered that will
clearly express the nature and extent of change planned. Except when otherwise
recommended, no more than eight pictures should be submitted and all pictures shall be
mounted on letter-size sheets and clearly annotated with the property address, elevation
direction (N, S, E, W) and relevant information
2. Historical information, including available data such as pictures, plans, authenticated verbal
records and similar research documentation that may be relevant to the planned alteration
3. Materials and color schemes to be used
4. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s
proposed alterations
5. A schedule of planned actions that will lead to the completed alterations
6. Such other information as may be suggested by the Planning Department
7. Description of any applicant-requested deviation(s) and a narrative explanation as to how the
requested deviation(s) will encourage restoration and rehabilitation activity that will contribute
to the overall historic character of the community
8. Stormwater Management Permit Application required
B. Entryway Corridor Overlay District. If a proposed development is located in the Entryway Corridor Overlay District,
information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of
appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned
alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a
minimum, the following items shall be included in the submission:
Entryway Corridor Overlay District Information Yes No N/A
1. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s
proposed alterations
2. Such other information as may be suggested by the Planning Department
3. If the proposal includes an application for a deviation as outlined in Section 38.35.050
(Deviations), BMC, the application for deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will produce, so as
to enable the City Commission to make the determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards, and will be consistent with the intent and purpose of Chapter 38.17 (Entryway
Corridor Overlay District), BMC.
4. Stormwater Management Permit Application required
x
x
x
x
x
x
x
No deviations are being requested
x
Not required for this type of application
46
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.05.1230, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.05.1230 of
the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed
incomplete and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11)
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.05.1230, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.05.1230 of
the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed
incomplete and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11)
Susan Riggs
HomePage CUP/COA
8/29/13
47
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
Susan Riggs
201 East Main Street
48
JALAL NEISHABOURI
PO BOX 186
BOZEMAN MT 59771
SHARBERT ENTERPRISES INC
PO BOX 1860
BOZEMAN MT 59771
MICHAEL SANDILAND
123 EAST MAIN STREET
BOZEMAN MT 59715
CWP INVESTMENTS
PO BOX 1105
BOZEMAN MT 59771
DECOSSE EASTGATE LLC &
DECOSSE WESTGATE PARTNERSHIP
2120 CHAMBERS DRIVE
BOZEMAN MT 59715
NYGARD FAMILY LLC
135 EAST MAIN STREET
BOZEMAN MT 59715
GALLATIN LODGE NO 6AF & AMO
PO BOX 35
BOZEMAN MT 59771
CITY OF BOZEMAN
PO BOX 1230
BOZEMAN MT 59771
STANLEY & LOIS BURGARD
PO BOX 1088
BOZEMAN MT 59715
CALLENDER STREET LLP
140 EAST MAIN STREET SUITE A
BOZEMAN MT 59715
AKM 310 LLC & AKM 238 LLC
117 MYERS LANE
BOZEMAN MT 59715
FIRST SECURITY BANK OF BOZEMAN
ATTN: DENNIS BECHTOLD
PO BOX 910
BOZEMAN MT 59771
GUGLIELMINO FAMILY
101 N BRAND BLVD SUITE 1600
GLENDALE CA 91206
F&H LLC
2215 ARROWLEAF HILLS DRIVE
BOZEMAN MT 59718
ALLIED MANUFACTURING CORP
PO BOX 794
BOZEMAN MT 59771
HELORI & ROBERT GRAFF
6673 SOUTH 3RD AVE
BOZEMAN MT 59715
GALLATIN REALTY CO INC
C/O TERRI SULLIVAN
PO BOX 794
BOZEMAN MT 59771
RENEE SABOL
844 BRIDGER CANYON SPUR ROAD
BOZEMAN MT 59715
BCA RE, LLC
118 EAST MAIN STREET STOP 2
BOZEMAN MT 59715
BRAD LOWE, ELLIE LOWE, JAMES LOWE
232 EAST MENDENHALL STREET
BOZEMAN MT 59715
ARNOLDS RAINBOX INC
2545 BERGAMONT CT
BOZEMAN MT 59715
COMMUNITY HEALTH PARTNERS INC
126 SOUTH MAIN
LIVINGSTON MT 59047
ROBERT EVANS
604 SOUTH WILLSON AVENUE
BOZEMAN MT 59715
49
2 0 1 E a s t M a i n S t r e e t R e u s e A p p l i c a t i o n
Area proposed
for alterations
Aerial Site Image (2012) Image Source: City of Bozeman GIS Department
N
50
2 0 1 E a s t M a i n S t r e e t R e u s e A p p l i c a t i o n
EXISTING BUILDING & EXISTING BUILDING & EXISTING BUILDING & EXISTING BUILDING & SITE PHOTOGRAPHSSITE PHOTOGRAPHSSITE PHOTOGRAPHSSITE PHOTOGRAPHS
East Elevation
Northwest Corner
Area proposed
for alterations
51
2 0 1 E a s t M a i n S t r e e t R e u s e A p p l i c a t i o n
EXISTING BUILDING & EXISTING BUILDING & EXISTING BUILDING & EXISTING BUILDING & SITE PHOTOGRAPHSSITE PHOTOGRAPHSSITE PHOTOGRAPHSSITE PHOTOGRAPHS
North Elevation
West Elevation—recent streetscape improvements
52
2 0 1 E a s t M a i n S t r e e t R e u s e A p p l i c a t i o n
EXISTING BUILDING & EXISTING BUILDING & EXISTING BUILDING & EXISTING BUILDING & SITE PHOTOGRAPHSSITE PHOTOGRAPHSSITE PHOTOGRAPHSSITE PHOTOGRAPHS
South Elevation
Existing Interior
Note: no changes
are proposed on
the Main Street
Elevation
Existing
Mezzanine
53
2 0 1 E a s t M a i n S t r e e t R e u s e A p p l i c a t i o n
COMPREHENSIVE SIGN PLANCOMPREHENSIVE SIGN PLANCOMPREHENSIVE SIGN PLANCOMPREHENSIVE SIGN PLAN
The specifics of signage will be addressed through a subsequent more detailed comprehensive
sign plan; however, calculations are included below for reference.
201 East Main Street201 East Main Street201 East Main Street201 East Main Street
Signage CalculationsSignage CalculationsSignage CalculationsSignage Calculations
54
55
NOTE:
EXISTING AS-BUILT DRAWINGS
ARE BASED ON FIELD
MEASUREMENTS, ORIGINAL
DRAWINGS FROM FRED WILLSON
AND VISUAL EXAMINATION. A
PROFESSIONAL SURVEY WAS NOT
COMPLETED AS PART OF THIS
INITIAL INVESTIGATION. BUILDING
IS ASSUMED TO BE LOCATED ON
PROPERTY LINES
(PARTIAL)
56
(PARTIAL)
57
(PARTIAL)
58
(PARTIAL)
59
(PARTIAL)
60
NOTE:
EXISTING AS-BUILT DRAWINGS
ARE BASED ON FIELD
MEASUREMENTS, ORIGINAL
DRAWINGS FROM FRED WILLSON
AND VISUAL EXAMINATION. A
PROFESSIONAL SURVEY WAS NOT
COMPLETED AS PART OF THIS
INITIAL INVESTIGATION. BUILDING
IS ASSUMED TO BE LOCATED ON
PROPERTY LINES
61
(PARTIAL)
62
(PARTIAL)
63
(PARTIAL)
64
(PARTIAL)
65