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Z14004 Staff Report for the Saffron Restaurant Sales of Alcohol for On Premises Consumption Conditional Use Permit
Date: City Commission Public Hearing March 17, 2014
Project Description: Saffron Restaurant Preliminary Conditional Use Permit
application to allow the sales of alcohol for on premises consumption in an existing
permitted restaurant, which is a conditional use in the B-2, Community Business zoning
district on property at the southwest corner of the intersection of West Main Street and North 15th Avenue, Application Z14004
Project Location: 1511 West Babcock Street, Lot A1 of COS 1332, City of Bozeman,
Gallatin County, Montana.
Recommendation: Approval with conditions and code provisions
Recommended Motion: Having reviewed and considered the application materials, public comment, and all of the information presented, I hereby adopt the findings
presented in the staff report for application Z14004 and move to approve the conditional
use permit with conditions and subject to all applicable code provisions.
Report Date: Tuesday, March 11, 2014
Staff Contact: Brian Krueger, Development Review Manager
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The Harris Brothers LP, Nicholas Harris, and Andleeb Dawood have submitted an
application to allow the sales of alcohol for on premises consumption in an existing permitted
restaurant.
The site and tenant space in question was the previous location of the Le Chatelaine Chocolate Company. A Reuse and Certificate of Appropriateness (COA) application was approved in November of 2013 to permit a reuse of the space from convenience
restaurant to restaurant with no more than a 20 percent increase in total restaurant
serving area. The COA was approved to allow modifications to the façade of the
building and new window installations on the north and west facades. A building permit has been issued for these modifications and work is ongoing. This application seeks to add the sales of alcohol for on premises consumption to the restaurant use. Minor
changes to the site are proposed to bring the nonconforming site into conformance with
code requirements.
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The Development Review Committee at their February 26, 2014 meeting voted unanimously
to recommend approval of the application with the conditions and code provisions identified
in this report.
No public comments have been received for this application.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP 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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 8
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 6 - STAFF ANALYSIS........................................................................................... 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 9
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 12
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 14
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 16
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 17
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 17
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 17
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
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SECTION 1 - MAP SERIES
Surrounding Zoning and Land Uses
North: Retail and Restaurant Commercial; zoned B-2 Community Business District
South: Multi-household Residential; zoned R-O Residential Office District
East: Retail Commercial; zoned B-2 Community Business District
West: Office Commercial; zoned B-2 Community Business District
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Proposed Site Plan
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SECTION 2 - REQUESTED RELAXATION/DEVIATIONS/VARIANCES
No relaxations/deviations or variances have been requested as part of this application.
SECTION 3 - 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 project.
Recommended Conditions of Approval:
1. A copy of the 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.
2. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.19.110.I and 38.34.160 based on substantial complaints
from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other
applicable law regarding consumption and/or procession of alcohol.
3. Any expansion of this use or facility is not permitted unless reviewed and approved as
required under the applicable regulations of the Bozeman Municipal Code.
4. That the applicant upon submitting the final plan for approval by the Community Development Director, will also submit a written narrative outlining how each of the
conditions of approval and code provisions have been satisfied.
5. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing
Code shall be installed with any development responsible for food preparation. In
accordance with Municipal Code, on-site maintenance and interceptor service records shall be kept on a regular basis and made available to the City upon request.
SECTION 4 - 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
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equipment that may be installed during construction that was not anticipated in the preliminary plan review.
C. Section 38.25.040.A.5 states that Bicycle parking required. All site development, exclusive
of those qualifying for sketch plan review per article 19 of this chapter, shall provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. The number of bicycle parking spaces shall 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.
a. Bicycle parking facilities will be in conformance with standards recommended in the city's long range transportation plan. Provide a bicycle rack detail with the final plan application in compliance with this standard.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Saffron Restaurant Sales of Alcohol for On Premises Consumption CUP
File: Z14004
The Development Review Committee (DRC) considered the conditional use permit application on February 12 and 19, 2014 and completed the review with a recommendation of conditional approval on February 26, 2014.
The City Commission is scheduled to hold a public hearing and review the application at
their March 17, 2014 meeting.
SECTION 6 - 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 in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
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 chapter, 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 Commercial Mixed Use 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 B-2 zoning district
with the approval of a CUP. See also Appendix B.
2. Conformance to this chapter, including the cessation of any current violations
The project is generally conforming to the standards as presented and will comply fully with identified conditions and code requirements. See also Section 3 of this report above for a
listing of specific points which need to be addressed to achieve full compliance.
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3. Conformance with all other applicable laws, ordinances, and regulations
No non-conformities are identified. Some additional steps are required to demonstrate
compliance as the project moves forward. Applications for final plan(s), building permits,
storm water permits, and State permits for access will be made in due time. All permits must be in hand before construction will be approved. Appendix A has advisory information to
help ensure these are not forgotten.
4. Relationship of site plan elements to conditions both on and off the property
Site plan elements depicted on the submitted plans appear to be reasonably related to
adjacent and on-site conditions. The use is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development
relative to access, parking, circulation, and accessibility. The design and arrangement of the
elements of the plan (e.g., building, access, circulation, outdoor spaces, and landscaping, etc.)
are such that activities are integrated with the organizational scheme of the community,
neighborhood, and other approved development and they produce an efficient, functionally organized and cohesive development.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
An updated traffic analysis was not required by the Engineering Division for this project due
to the nature of the proposed uses. Parking is being provided in accordance with regulations. Improvements to the parking and circulation on site will accommodate the proposed use.
6. Pedestrian and vehicular ingress and egress
The proposed vehicular accesses conform to access spacing and other applicable standards as
the proposal is to use existing access locations that were previously permitted by the
Montana Department of Transportation for the site from West Main Street. Secondary vehicular access is provided from West Babcock Street. Pedestrian access is provided from
the street frontage pedestrian sidewalks on West Main Street into the site in multiple places.
Internal pedestrian connections are provided via crosswalks across the drive circulation.
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
The proposed landscaping meets the minimum landscaping standards.
8. Open space
As a commercial project, there are no specific open space or parkland requirements.
9. Building location and height
No changes to the building are proposed beyond those already permitted to accommodate the
restaurant.
10. Setbacks
No new construction or changes to the site impact setback requirements.
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11. Lighting
No lighting details were provided with the application. Lighting details shall be provided
with the final plan application/materials. Staff has cited a code provisions that applies to this
criteria.
12. Provisions for utilities, including efficient public services and facilities
No new extensions of infrastructure are required or proposed with this project.
13. Site surface drainage
The site drains to the existing perimeter streets. The City Engineering Department has
reviewed the surface drainage and stormwater provisions for the project. Only minor changes to the site drainage were identified. A final grading and drainage plan is required
with the final plan application.
14. Loading and unloading areas
No designated loading zone is provided or required for the proposed use.
15. Grading
No significant grading is proposed.
16. Signage
No sign details were submitted as part of this submittal. This item is addressed under the
advisory code citations. A formal sign permit is required before any sign installation.
17. Screening
Any mechanical equipment not shown on the preliminary plan materials that may be
proposed later must be screened per the municipal code. This item is addressed under the
cited code provisions.
18. Overlay district provisions
This site is located within an entryway corridor, but no changes requiring a Certificate of Appropriateness were identified. No changes to the building are proposed beyond those
already permitted to accommodate the restaurant.
19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
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.
This site is on one lot.
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21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
Not applicable.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, 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 site is adequate in size and topography to accommodate the use and the project relates to
the other land and uses in the vicinity. Staff incorporates the plan review findings presented
above in Section 38.19.100 as supporting evidence.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof;
Staff has not identified any hazards to the public health and safety and finds that the
application generally complies with the Unified Development Code as conditioned.
Staff has not received any public comment as of the writing of this report. Any public
comment received after the completion of the Commission packets will be distributed to the
Commission members at the public hearing.
Following review of the proposed application with the inclusion of the recommended
conditions and correction of the identified code provisions, staff finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the
public hearing proves otherwise.
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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:
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.
Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the
recommended conditions of approval and findings within this report. Several of these are
standard conditions of approval that the City has consistently applied to alcohol serving
establishments and conditional use permits.
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 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 plan process and
will be required prior to approval of the final plan. Items a, b, and c of the advisory code
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provisions apply to this issue. A document to be recorded will be provided by the City
following preliminary approval.
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 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.
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.
c. Section 38.19.120 BMC requires the applicant to submit a final plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be
reviewed and approved by the Department of Community Development. The director will set
the required number of copies.
d. Section 38.19.120 BMC requires that the final 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
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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).
e. Section 38.19.120.D BMC states that the project must be completed 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.
f. Section 38.19.160 BMC states that a Building Permit must be obtained prior to the work, and
must be obtained within one year of final plan approval. Building Permits will not be issued
until the final plan is approved.
g. 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 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 final 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 plan).
h. Section 38.28.060 BMC outlines the amount of permitted signage for the property for both
the building. A sign permit shall be reviewed and approved by the Department of
Community Development prior to the construction and installation of any on-site signage.
i. Section 38.39.030 BMC 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.
j. Section 38.39.060 BMC states that If occupancy of the restaurant 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.
k. Section 40.02.750 BMC addresses requirements for protective devices. In Accordance with
the BMC Section 40.02.750 the Water/Sewer Superintendent is requiring an inspection of
your water service to determine whether the water service has backflow protection and if
such protection is installed that the device is appropriate for the level of use for the facility. If the service has been found without backflow protection the applicant will have a preventer
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and expansion tank installed. If the existing device does not provide adequate protection, the
applicant will be required to replace the preventer with a preventer that is designed to provide
adequate protection. Please call the Water Department’s Backflow specialist @ 582-3200 to
arrange an inspection of the water service.
l. Section 38.41.080.2.g.9 BMC requires a Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silts, oils, grease, and other
pollutants must be provided and approved by the City Engineer. The plan must demonstrate
adequate site drainage (including sufficient spot elevations) and shall include calculations for
stormwater runoff and sizing of stormwater piping. Any additional asphalt or other
impervious surface added to the existing site shall be graded in such a manner that any stormwater runoff is directed to a location for treatment.
m. Section 38.41.080.g.7 BMC requires sewer and water services shall be shown on the final
plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for
service shall be completed by the applicant.
n. Adequate snow storage area must be designated outside the sight triangles, but on the subject
property (unless a snow storage easement is obtained for a location off the property and filed
with the County Clerk and Recorder's office).
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “B-2” (Community Commercial District). The intent of the B-2 community business district is “to provide for a
broad range of mutually supportive retail and service functions located in clustered areas
bordered on one or more sides by limited access arterial streets.”
Adopted Growth Policy Designation: Community Commercial Mixed Use: Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor
Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban
character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential
areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and
are activity centers for an area of several square miles surrounding them. These are intended to
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service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range
and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description
The Saffron Restaurant Preliminary Conditional Use Permit application is to allow the sales of alcohol for on premises consumption in an existing permitted restaurant, which is a
conditional use in the B-2, Community Business zoning district. The subject property is
located at the southwest corner of the intersection of West Main Street and North 15th
Avenue, Application Z14004
The site and tenant space in question was the previous location of the Le Chatelaine Chocolate Company. A Reuse and Certificate of Appropriateness (COA) application was
approved in November of 2013 to permit a reuse of the space from convenience restaurant
to restaurant with no more than a 20 percent increase in total restaurant serving area. The
COA was approved to allow modifications to the façade of the building and new window
installations on the north and west facades. A building permit has been issued for these modifications and work is ongoing. This application seeks to add the sales of alcohol for on
premises consumption in an existing permitted restaurant. Minor changes to the site are
proposed to bring the nonconforming site into conformance with code requirements.
APPENDIX D – NOTICING AND PUBLIC COMMENT
Noticing was provided at least 15 and not more than 45 days prior to the expected decision by
the City Commission. No public comment has been received to date.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Harris Brothers LP 1511 West Babcock Street Bozeman, MT 59715
Applicant/ Representative: Nicholas Harris and Andleeb Dawood PO Box 573 Bozeman, MT
59771
Report By: Brian Krueger, Development Review Manager; Dustin Johnson, Development
Review Engineer
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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292
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EXHIBIT
A
RE:
Kirk
Homestead
Sales
of
Alcohol
for
On
Premises
Consumption
Conditional
Use
Permit
“CUP”
NAMES
&
ADDRESSES
OF
PROPERTY
OWNERS
According
to
article
40
of
the
Unified
Development
Code
Yvonne
Baskin
&
Michael
Gilpin
76
W
Fieldview
Cir
Bozeman,
MT
59715
John
&
Celia
French
218
Pioneer
Dr
#
39
Bozeman,
MT
59715
Witt
Family
Investments
PO
BOX
1273
Bozeman,
MT
59771
Youth
Dynamics
Inc
2334
Lewis
Ave
Billings,
MT
59102
Bozeman
Shopping
Center
LLC
c/o
Red
Mountain
Retail
1234
E
17th
St
Santa
Ana,
CA
92701
Alta
Newman
&
Dona
Harris
2416
Lincoln
St
Marinette,
WI
54143
Tristan
Stonger
8272
S
Strawtown
Pike
Bunker
Hill,
IN
46914
Mack
&
Jacquie
Anderson
2489
Grapevine
Idledale,
CO
80453
H
Bar
F
LLC
1425
W
Main
#A
Bozeman,
MT
59715
297
Larry
Merkel
c/o
The
Round
House
1422
W
Babcock
Bozeman,
MT
59715
Bruce
Erickson
c/o
American
Bank
P.O.
Box
1970
Bozeman,
MT
59771
McDonalds
USA
LLC
12131
113th
Ave
NE
Suite
103
Kirkland,
WA
98034
298
299
300
301
302
303
EXHIBIT
C
RE:
Kirk
Homestead
Sales
of
Alcohol
for
On
Premises
Consumption
Conditional
Use
Permit
“CUP”
“Per
the
site
plan
checklist
any
items
checked
No
or
N/A
must
be
explained
in
a
narrative
attached
to
the
checklist
as
to
why
the
information
was
not
submitted
or
required
for
the
review
of
this
application.”
Design
Review
Board
Site
Plan
Review
Thresholds
1.
This
CUP
application
does
not
include
20
or
more
dwelling
units
in
a
structure
or
structures.
2.
This
CUP
application
does
not
include
30,000
or
more
square
feet
of
office
space,
retail
commercial
space,
service
commercial
space
or
industrial
space.
3.
This
CUP
application
does
not
include
20,000
more
square
feet
of
exterior
storage
of
materials
or
goods.
4.
This
CUP
application
does
not
include
parking
for
more
than
90
vehicles.
General
Information
1.
A
location
map,
including
the
area
within
one
half
mile
of
the
site
is
included
on
the
cover
sheet
of
the
set
of
drawings
submitted
with
this
CUP
application.
3.
This
CUP
application
does
not
involve
the
use
of
heavy
equipment
or
large
amounts
of
materials.
11.
This
CUP
application
does
not
include
dwelling
units.
13.
This
CUP
application
does
not
involve
a
subdivision.
14.
This
CUP
application
does
not
involve
the
bearing
capacity
of
soils.
15a.
Building
heights
and
elevations
are
included
in
this
application
on
the
drawings
page
L.103
labeled
Proposed
Landscape
Plan.
15b.
This
CUP
application
does
not
involve
a
building
the
floodway
or
floodplain.
16.
This
CUP
application
does
not
involve
temporary
model
homes,
sales
offices
and/or
construction
facilities
including
temporary
signs
or
parking
facilities.
17.
This
CUP
application
does
not
involve
noxious
weeds
and
their
control.
18.
This
CUP
application
does
not
involve
supplementary
documents
as
set
forth
in
Chapter
38.38.
Site
Plan
Information
8a.
This
CUP
application
does
not
involve
surface
water
including
ponds,
streams
and
irrigation
ditches.
8b.
This
CUP
application
does
not
involve
surface
water
including
watercourses,
water
bodies
and
wetlands.
8c.
This
CUP
application
does
not
involve
surface
water
including
floodplains
as
designated
on
the
Federal
Insurance
Rate
Map
or
that
my
otherwise
be
identified
as
lying
within
a
100
year
floodplain
through
additional
floodplain
delineation,
engineering
analysis,
topographic
survey
or
other
objective
and
factual
basis.
304
8d.
This
CUP
application
does
not
involve
surface
water
including
proximity
to
a
floodplain
and
therefore
an
analysis
is
not
appropriate.
9.
This
CUP
application
does
not
affect
neither
the
site’s
grading
and
drainage,
nor
the
on-‐site
retention/detention
areas.
10a.
This
CUP
application
does
not
involve
drainage
ways.
10b.
This
CUP
application
does
not
involve
downstream
conditions.
10c.
This
CUP
application
does
not
involve
downstream
restrictions.
11.
This
CUP
application
does
not
involve
significant
rock
outcroppings,
slopes
of
greater
than
15%,
or
other
significant
topographic
features.
16.
The
permanent
exterior
refuse
collection
area
is
shown
on
the
page
L102
labeled
Proposed
Site
Plan.
20.
This
CUP
application
does
not
involve
unique
natural
features,
significant
wildlife
areas
and
vegetative
covers.
This
CUP
does
include
the
removal
of
5
trees
to
create
room
for
safer
parking.
The
trees
slated
for
removal
are
shown
on
page
L102
labeled
Proposed
Site
Plan.
22.
This
CUP
application
does
not
involve
the
location
of
City
limit
boundaries,
and
boundaries
of
Gallatin
County’s
Bozeman
Area
Zoning
Jurisdiction,
within
or
near
the
development.
24.
This
CUP
application
does
not
involve
historic,
cultural
or
archeological
resources,
or
historic
structures
or
districts,
and
archeological
or
cultural
sites.
26.
This
CUP
application
does
not
involve
a
density
change
or
a
park.
27.
This
CUP
application
does
not
involve
affordable
housing.
Landscape
Plan
Information
3.
This
CUP
application
does
not
involve
watercourses,
100-‐year
floodplain,
or
significant
drainage
features.
5.
This
CUP
application
does
show
proposed
screening/fencing
on
page
L102
labeled
Proposed
Site
Plan.
6.
This
CUP
application
does
not
involve
landscape
or
watercourse
buffer
strips.
7.
This
CUP
application
describes
the
proposed
landscaping
plants
in
the
cover
letter
included
in
this
application.
8.
This
CUP
application
describes
the
proposed
landscaped
areas
and
planter
boxes
on
page
L102
labeled
Proposed
Site
Plan.
11.
The
proposed
landscaping
will
be
watered
with
hoses
and
with
drip
irrigation.
13.
This
CUP
application
proposed
replanting
a
relatively
small
area.
18.
This
CUP
application
does
not
involve
the
planting
of
trees
only
perennials.
19.
The
new
350
square
foot
landscaped
area
and
the
planter
boxes
will
be
irrigated
with
a
combination
of
hand
watering
with
hoses
and
timed
drip
irrigation.
20.
This
CUP
application
does
not
involve
watercourse
buffers.
21.
Front
and
side
elevations
of
buildings
are
shown
on
page
L.103
labeled
Proposed
Landscape
Plan.
This
CUP
application
does
not
involve
open
stairways
or
projections
from
exterior
building
walls.
305
EXHIBIT
D
RE:
Kirk
Homestead
Sales
of
Alcohol
for
On
Premises
Consumption
Conditional
Use
Permit
“CUP”
Pursuant
to
Staff’s
recommendation
that
the
applicant
prepare
a
narrative
response
to
the
Conditional
Use
Permit
criteria
in
Section
38.19.110E
in
order
to
describe
how
this
project
meets
the
criteria,
we
are
submitting
the
following
narrative:
1. Much
like
the
other
businesses
on
the
Kirk
Homestead,
this
applicant
Kuma
LLC,
is
a
small
business
led
by
a
local
entrepreneur.
Having
a
restaurant
beer
and
wine
license
is
integral
to
the
success
of
our
business
model
as
we
plan
to
serve
dinner
in
an
upscale
bistro
setting.
The
proposed
business
is
planned
with
the
existing
space
in
mind
and
other
than
interior
and
façade
renovations,
we
are
not
proposing
any
expansion
or
new
construction
on
the
site.
The
terrain
is
nearly
flat
and
is
ideal
for
the
proposed
use
as
it
presents
no
topographic
challenges.
Moreover,
this
site
has
been
previously
used
by
multiple
restaurants
and
we
are
not
proposing
any
change
to
the
use
for
the
site.
Adequate
parking
is
already
provided
for
the
restaurant
as
seen
in
the
parking
analysis
on
the
cover
page
C.1
of
the
attached
plans.
Given
the
interior
and
exterior
square
footage
parking
requirements,
the
parking
required
for
the
restaurant
is
a
total
of
12
spaces.
With
some
minor
modifications
to
the
parking
area
such
as
the
removal
of
trees
and
creation
of
a
new,
larger,
van
accessible
handicap
parking
space,
we
have
met
the
City’s
parking
requirements
for
this
space.
Existing
areas
for
refuse
collection
already
exist
on
the
site
and
are
used
by
other
businesses
on
the
site.
Garbage
and
refuse
collection
is
set
up
to
occur
multiple
times
a
week
making
this
an
efficient
and
clean
refuse
collection
area
for
multiple
businesses
on
site.
The
proposed
business
will
be
adding
a
recycling
pickup
from
the
site
but
other
than
that,
we
do
not
foresee
any
other
changes.
No
additional
loading
areas
are
required
as
delivery
trucks
currently
make
deliveries
to
other
businesses
on
the
site
and
we
will
be
using
the
same
means
of
delivery.
Existing
paved
sidewalks
and
a
delivery
door
into
the
kitchen
facilitate
these
deliveries
directly
from
the
parking
lot
to
our
doors.
The
outdoor
seating
area
for
the
new
restaurant
will
be
protected
with
a
3
foot
high
fence
that
is
in
keeping
with
existing
enclosures
on
the
site.
Patrons
to
the
restaurant
will
walk
down
a
paved
sidewalk
enclosed
by
a
fence
into
an
enclosed
outdoor
seating
area
that
will
be
landscaped
as
stated
in
our
attached
letter.
This
enclosure
and
landscaping
will
keep
the
outdoor
seating
separate
from
the
306
other
businesses
on
site
and
will
provide
for
additional
safety
for
patrons
of
the
restaurant.
2. We
do
not
believe
that
the
proposed
use
will
have
any
material
adverse
effect
on
the
abutting
property
as
the
proposed
restaurant
is
going
into
a
space
that
has
previously
been
used
as
a
restaurant
and
poses
no
significant
change
from
previous
use.
In
addition,
the
proposed
outdoor
seating
area
is
out
of
view
and
remote
from
abutting
properties.
The
front
entrance
of
the
restaurant
faces
inward
into
the
Kirk
Homestead
properties
and
isn’t
directly
competitive
with
abutting
properties.
As
an
upscale
bistro,
the
proposed
restaurant
plans
to
have
a
quiet
and
peaceful
ambiance
with
hours
of
operation
from
5
p.m.
to
9
p.m.
on
the
weekdays
and
5
p.m.
to
10
p.m.
on
Fridays
and
Saturdays.
We
will
be
closed
on
Sunday.
Businesses
in
abutting
properties
are
closed
in
the
evening
so
we
do
not
expect
this
restaurant
to
pose
an
inconvenience
to
them
for
access
or
visibility.
In
addition,
smoking
is
not
permitted
anywhere
on
the
Kirk
Homestead
site
therefore
patrons
will
not
be
permitted
to
gather
outdoors
to
smoke.
3. We
do
not
believe
that
our
Conditional
Use
Permit
application
requires
any
additional
conditions
of
approval
as
we
have
carefully
considered
public
health,
safety
and
general
welfare
in
planning
for
this
proposed
restaurant.
We
are
building
wooden
planters
and
planning
landscaping
to
buffer
the
outdoor
seating
area
from
main
street
and
parking
lot
traffic.
We
have
provided
for
special
fences
and
landscaping
to
provide
for
public
safety
and
public
welfare
in
our
exterior
seating
area
by
providing
a
fenced
area
that
limits
access
to
the
seating
area
to
patrons
of
the
restaurant.
Existing
paved
parking
areas
will
be
freshly
striped
with
new
curb
stops.
In
addition,
we
are
adding
freshly
striped
pedestrian
walkways
between
existing
businesses
on
site
to
facilitate
clear
pedestrian
pathways
throughout
the
site.
We
have
provided
for
new
paved
sidewalks
with
curb
cuts
that
provide
ADA
access
to
the
restaurant
and
outdoor
seating
area
and
to
the
parking
lot.
We
have
renovated
the
interior
space
to
provide
for
an
updated
ADA
restroom.
We
will
be
regulating
points
of
vehicular
ingress
and
egress
by
limiting
traffic
with
a
one-‐way
alley
with
appropriate
signage
on
site.
Our
signing
will
conform
to
the
City
of
Bozeman’s
signage
regulations
and
we
will
be
providing
ADA
signage
and
traffic
flow
signage.
307
The
site
is
maintained
by
a
professional
company
that
is
responsible
for
snow
removal
in
the
winter
and
landscaping
in
the
summer.
This
provides
safety
in
the
parking
lots
and
walkways
and
continuous
site
maintenance
throughout
the
year.
Our
restaurant
concept
lends
itself
to
a
quiet
and
tranquil
setting
and
as
such
we
do
not
foresee
any
need
for
regulation
of
noise
or
vibrations.
In
order
to
keep
voice
levels
down
in
the
restaurant
we
are
adding
sound
absorbing
panels
to
the
ceiling
and
all
windows
in
the
restaurant
are
being
upgraded
to
double-‐paned
windows
so
we
do
not
foresee
any
adverse
noise
impact
from
our
business
onsite.
We
have
arranged
to
have
a
waiting
area
inside
the
proposed
restaurant
so
that
patrons
who
are
waiting
for
tables
can
wait
inside
rather
than
gather
outside.
This
will
greatly
reduce
any
noise
impact
that
waiting
customers
may
have.
As
mentioned
before,
smoking
is
not
permitted
anywhere
on
the
Kirk
Homestead
site
thereby
limiting
the
number
of
people
who
may
leave
the
restaurant
to
smoke.
Our
proposed
hours
are
Monday
through
Thursday
from
5
p.m.
to
9
p.m.
and
Friday
and
Saturday
from
5
p.m.
to
10
p.m.
We
will
be
closed
on
Sunday.
Although
the
City
does
not
require
parking
lot
lighting,
we
are
adding
soft
lighting
to
the
exterior
of
the
building
to
contribute
to
public
safety
by
providing
lighting
in
the
parking
lot
and
exterior
walkways.
These
lights
will
be
in
conformity
with
the
City
of
Bozeman’s
exterior
commercial
lighting
regulations.
We
are
also
adding
covered
bicycle
parking
for
patrons
and
employees
who
wish
to
commute
by
bicycle.
Please
let
us
know
if
you
have
any
questions
about
any
of
the
above
information.
308
309
310
311
312
313
Table 1. Parking Demand SummaryIndoor/ OutdoorServing Area or 85% of GFAParking DemandParking Spaces RequiredReduction for Transit Stop (10%)Reduction for Bicycle Parking (10%)Reduction for Landscaping (5 spaces or 10%)AdjustedParking Spaces Required ITE Land UseGross Floor Area (SF)Weekday Avg Peak Period Parking DemandParking Spaces RequiredThe Saffron Table Restaurant 1,500Indoor 568 1/50 SF 111,500 13.3/1000 SF GFA 20Outdoor 350 1/100 SF 4(with bar/lounge)Sub-total: 1,500918 15 0 2 1 12 1,500 20The Roost Restaurant 1,525Indoor 417 1/50 SF 81,525 10.1/1000 SF GFA 15Outdoor 450 1/100 SF 5(without bar/lounge)Sub-total: 1,525867 13 0 0 1 12 1,525 15The White Chapel Hair Salon Service 1,486 7:30 AM-6 PM (Tu-F), 8 AM-3 PM (Alt. Sat) Indoor 1,263 1/300 SF 4Hair Salon (918) * 1,486 1.04/1000 SF GFA 2Sub-total: 1,4861,263 4 0 0 0 4 1,486 2Big Sky Mobile Retail 800 12 PM-7 PM (M-F), 12 PM-5 PM (Sat) Indoor 680 1/300 SF 22 Shopping Center (820) 800 2.65/1000 SF GFA 2Bridger Kitchens Office 1,000 9 AM-5 PM (M-F) Indoor 850 1/250 SF 33 Office Building (701) 1,000 2.84/1000 SF GFA 3Cold Smoke Coffeehouse Restaurant 1,800 7 AM-12 AM (M-Sat), 4 PM-11 PM (Sun) Indoor 1,050 1/50 SF 2115 1,800 10.1/1000 SF GFA 18(without bar/lounge)Sub-total: 3,6002,580 26 3 0 3 20 3,600 23Total: 8,1115,628 583 2 5 488,111 60*Parking generation for the Hair Salon land use was calculated on a ratio of trip generation value between Hair Salon (ITE Land Use 918) & Specialty Retail (ITE Land Use 814) as no current parking gernation rates are published for Hair SalonCompact car spaces = 12Handicap spaces = 2Landscaping required = 1750(Number applies to entire site)(Minimum number for entire site)SF (Landscaping required for entire site for 5 parking space reduction)High-Turnover (Sit-Down) Restaurant (932)ITE Parking GenerationHigh-Turnover (Sit-Down) Restaurant (932)High-Turnover (Sit-Down) Restaurant (932)Code Required Parking Reductions for Code Required Parking11 AM-9 PM (Sun-Th)11 AM-10 PM (Fri, Sat)BusinessLand Use TypeGross Floor Area (SF) Hours of Operation5 PM-9 PM (M-Th), 5 PM-10 PM (Fri,Sat)314
7 AM 8 AM 9 AM 10 AM 11 AM 12 PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PMPercent of Peak Period73% 100% 100% 80%Parking Demand9 12 12 10Percent of Peak Period100% 100% 100% 51% 40% 40% 79% 81% 62% 63%Parking Demand12 12 12 6 5 5 9 10 7 8Percent of Peak Period 5% 18% 38% 53% 86% 100% 98% 91% 86% 81% 57%Parking Demand 0 1 2 2 3 4 4 4 3 3 2Percent of Peak Period100% 98% 91% 86% 81% 57% 69%Parking Demand2 2 2 2 2 1 1Percent of Peak Period 97% 100% 98% 87% 75% 84% 87% 75%Parking Demand 3 3 3 3 2 3 3 2Percent of Peak Period 42% 54% 73% 81% 100% 100% 100% 51% 40% 40% 79% 81% 62% 63% 60% 46% 42%Parking Demand 6 8 11 12 15 15 15 8 6 6 12 12 9 9 9 7 66 9 16 17 33 36 35 23 19 18 33 35 28 27 9 7 6* Used Shopping Center (ITE Land Use 820) percentages as distribution data for a Hair Salon (ITE Land Use 918)Average Weekday Time of Day ( Hour Beginning)Table 2. City Code Parking Demand by Time of Day (Weekday)Total Parking Demand:Bridger KitchensCold Smoke CoffehouseBig Sky MobileBusinessThe Saffron TableThe RoostThe White Chapel Hair Salon*315
7 AM 8 AM 9 AM 10 AM 11 AM 12 PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PMPercent of Peak Period67% 100% 100% 100% 29%Parking Demand8 12 12 12 3Percent of Peak Period100% 100% 100% 53% 29% 36% 42% 53% 100% 42% 29%Parking Demand12 12 12 6 3 4 5 6 12 5 3Percent of Peak Period 27% 61% 75% 90% 100% 99% 98%Parking Demand 1 2 3 4 4 4 4Percent of Peak Period100% 99% 98% 88% 68%Parking Demand2 2 2 2 1Percent of Peak PeriodParking DemandPercent of Peak Period 23% 39% 56% 100% 100% 100% 100% 53% 29% 36% 42% 53% 100% 42% 29% 30% 40%Parking Demand 3 6 8 15 15 15 15 8 4 5 6 8 15 6 4 5 63 7 10 18 31 33 33 20 9 10 19 26 39 23 10 5 6* Used Shopping Center (ITE Land Use 820) percentages as distribution data for a Hair Salon (ITE Land Use 918)Bridger KitchensCold Smoke CoffehouseTotal Parking Demand:Table 3. City Code Parking Demand by Time of Day (Saturday)BusinessAverage Saturday Time of Day ( Hour Beginning)The Saffron TableThe RoostThe White Chapel Hair Salon*Big Sky Mobile316
7 AM 8 AM 9 AM 10 AM 11 AM 12 PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PMPercent of Peak Period73% 100% 100% 80%Parking Demand15 20 20 16Percent of Peak Period100% 100% 100% 51% 40% 40% 79% 81% 62% 63%Parking Demand15 15 15 8 6 6 12 12 9 9Percent of Peak Period 5% 18% 38% 53% 86% 100% 98% 91% 86% 81% 57%Parking Demand 0 0 1 1 2 2 2 2 2 2 1Percent of Peak Period100% 98% 91% 86% 81% 57% 69%Parking Demand2 2 2 2 2 1 1Percent of Peak Period 97% 100% 98% 87% 75% 84% 87% 75%Parking Demand 3 3 3 3 2 3 3 2Percent of Peak Period 42% 54% 73% 81% 100% 100% 100% 51% 40% 40% 79% 81% 62% 63% 60% 46% 42%Parking Demand 8 10 13 15 18 18 18 9 7 7 14 15 11 11 11 8 88 10 17 19 38 40 39 24 20 19 43 48 40 36 11 8 8* Used Shopping Center (ITE Land Use 820) percentages as distribution data for a Hair Salon (ITE Land Use 918)Table 4. ITE Parking Generation Demand by Time of Day (Weekday)Bridger KitchensCold Smoke CoffehouseTotal Parking Demand:BusinessAverage Weekday Time of Day ( Hour Beginning)The Saffron TableThe RoostThe White Chapel Hair Salon*Big Sky Mobile317
7 AM 8 AM 9 AM 10 AM 11 AM 12 PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PMPercent of Peak Period67% 100% 100% 100% 29%Parking Demand13 20 20 20 6Percent of Peak Period100% 100% 100% 53% 29% 36% 42% 53% 100% 42% 29%Parking Demand15 15 15 8 4 5 6 8 15 6 4Percent of Peak Period 27% 61% 75% 90% 100% 99% 98%Parking Demand 1 1 2 2 2 2 2Percent of Peak Period100% 99% 98% 88% 68%Parking Demand2 2 2 2 1Percent of Peak PeriodParking DemandPercent of Peak Period 23% 39% 56% 100% 100% 100% 100% 53% 29% 36% 42% 53% 100% 42% 29% 30% 40%Parking Demand 4 7 10 18 18 18 18 10 5 6 8 10 18 8 5 5 74 8 11 20 35 37 37 22 11 12 27 38 53 34 15 5 7* Used Shopping Center (ITE Land Use 820) percentages as distribution data for a Hair Salon (ITE Land Use 918)Big Sky MobileBridger KitchensCold Smoke CoffehouseTotal Parking Demand:Table 5. ITE Parking Generation by Time of Day (Saturday)BusinessAverage Saturday Time of Day ( Hour Beginning)The Saffron TableThe RoostThe White Chapel Hair Salon*318
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