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Home My WebLink About13. A2 WallaceZ14395 Wallace Building On-Premises Consumption CUP Page 1 of 18 Z14395 Staff Report for the Wallace Building On-Premises Consumption Conditional Use Permit Date: City Commission Public Hearing February 9, 2015 Project Description: A Conditional Use Permit (CUP) application to allow a change in use to a food processing facility with an accessory restaurant in the building addressed as 624 North Wallace Avenue. The restaurant is proposed to serve alcohol (on-premises consumption of beer and wine) which triggers the requirement of the CUP. Project Location: 624 North Wallace Avenue. The property is zoned NEHMU (Northeast Historic Mixed Use District) and is legally described as Lot 1, Block 106, Northern Pacific Addition, 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 the information presented, I hereby adopt the findings presented in the staff report for application Z14395 and move to approve the Wallace Building On-Premises Consumption Conditional Use Permit to allow a change in use to a food processing facility with an accessory restaurant with on-premises consumption of beer and wine in the building addressed as 624 North Wallace Avenue with recommended conditions and subject to all applicable code provisions.” Report Date: Friday, January 30, 2015 Staff Contact: Allyson Brekke, Associate Planner Agenda Item Type: Action (Quasi Judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. Project Summary A Conditional Use Permit (CUP) application was submitted to the Community Development Department for the building located at 624 North Wallace Avenue, which is located within the Northeast Historic Mixed Use (NEHMU) zoning district. This zoning is unique and allows all M-1 (Light Industrial) and R-2 (Residential Two-Household, Medium Density) uses, except casinos and adult businesses. The CUP application is requesting a change in use from a warehouse/shop to a food processing facility and accessory restaurant. Both a food processing facility and restaurant are permissible uses in the NEHMU zoning. The requirement of the CUP is triggered solely due to the restaurant’s proposal to serve beer and wine alcoholic beverages for on-premises consumption. A Certificate of Appropriateness application was previously submitted and approved for an exterior remodel to the metal clad building, with no change in building footprint. This CUP 226 Z14395 Wallace Building On-Premises Consumption CUP Page 2 of 18 application is for the proposed change in use and proposed on-premises consumption of beer and wine on the property. No deviations or variances are requested with this application. At their January 20, 2015 meeting, the Development Review Committee meeting voted unanimously to recommend approval of the CUP application with the recommended conditions and code provisions identified in this report. A more detailed zoning analysis can be found in Appendix A. A more detailed project description can be found in Appendix B. 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 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 8 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 SECTION 5 - STAFF ANALYSIS......................................................................................... 12 Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 12 Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 14 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 17 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 17 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 18 APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 18 FISCAL EFFECTS ................................................................................................................. 18 ATTACHMENTS ................................................................................................................... 18 227 Z14395 Wallace Building On-Premises Consumption CUP Page 3 of 18 SECTION 1 - MAP SERIES 228 Z14395 Wallace Building On-Premises Consumption CUP Page 4 of 18 229 Z14395 Wallace Building On-Premises Consumption CUP Page 5 of 18 Industrial Residential 230 Z14395 Wallace Building On-Premises Consumption CUP Page 6 of 18 231 Z14395 Wallace Building On-Premises Consumption CUP Page 7 of 18 232 Z14395 Wallace Building On-Premises Consumption CUP Page 8 of 18 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Community Development Conditions: 1. 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. 2. A copy of the State Revenue Department alcohol license for the establishment shall be submitted to the Department Community Development prior to the sale of alcoholic beverages. 3. The right to serve alcohol to patrons is revocable 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. 4. 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. 5. All efforts must be taken by the property owner to preserve the condition of the publicly owned Norway Maple tree located in the North Wallace Avenue boulevard. Engineering Conditions: 6. A grease interceptor conforming to the adopted Uniform Plumbing Code shall be installed on the sanitary sewer service outside of the building foundation. 7. Sizing calculations for the water service shall be provided showing the existing ¾” diameter service has adequate capacity. If a larger service is required, the applicant is notified that water/sewer impact fees will be required. 8. Water rights or cash in lieu thereof shall be provided if the anticipated annual water demand is one acre-foot greater than the existing historical water use. 9. At a minimum, stormwater runoff generated from the project exceeding the existing runoff condition shall be retained on-site. The applicant is encouraged to go beyond the minimum standard, however, and retain runoff generated from all impervious areas on the property for the 10-year 2-hour storm event as a potential stormwater fee credit may be available. 10. A Stormwater Management Permit (SMP) must be submitted and approved by the City Engineer prior to final site plan approval. The SMP requires submittal of an application form, a stormwater management plan, and payment of fees in compliance with the city’s stormwater management ordinance #1763. 11. Any damaged sections of public sidewalk fronting the property shall be repaired to ADA standards and eliminate trip hazards. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS Community Development Code Provisions: a. Section 13.12.322 BMC the Water/Sewer Superintendent is requiring an inspection of your water service to determine whether the water service has backflow protection and if such protection is installed that the device is appropriate for the level of use for the facility. If the service has been found without backflow protection the applicant will have a preventer and expansion tank installed. If the existing device does not provide adequate protection, the 233 Z14395 Wallace Building On-Premises Consumption CUP Page 9 of 18 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 at 582‐3200 to arrange an inspection of the water service. b. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. c. Section 38.19.110.I BMC describes the process for termination/revocation of a 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 38.19.120 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 d. Section 38.21.150.F states mechanical equipment must be screened if proposed in affiliation with the proposed use. e. Section 38.25.040.A.4.b(1) states the first accessible parking stall provided, and one in every eight accessible spaces provided thereafter, shall have an aisle eight feet wide (rather than five feet) and shall be signed "van accessible." 234 Z14395 Wallace Building On-Premises Consumption CUP Page 10 of 18 f. Section 38.25.040.A.4.c includes the provision of an accessible path of travel from each disabled accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum three-foot wide walk, sidewalk or ramps. The accessible path of travel shall be a paved, smooth surface, free of defects or design features that would restrict, inhibit or unreasonably impede the movement of a physically disabled individual. g. Section 38.25.050 states the requirements for joint use of parking facilities: A. Up to 80 percent of the nonresidential parking spaces required by this article may be provided through shared parking. B. Shared parking may be requested if parking can be provided to serve two or more individual land uses without conflict or encroachment. The review authority may make a determination for shared parking arrangements based on a traffic survey or traffic impact study for the site based on the following: 1. At a minimum, a traffic survey or traffic impact study must examine for all potential uses: trip generation, hours of operation, quantity of required parking spaces, quantity of spaces that will be filled during peak hour periods, and any unusual events that may occur during the year that will exceed the average parking requirement. The study must indicate that adequate parking exists to meet the demand of potential uses. served as well as meet technical requirements as specified by the review authority. 2. The parties sharing parking spaces shall enter into a long-term joint use agreement revocable with review authority approval, running with the term of the designated uses. C. Conditions required for joint use. 1. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 1,000 feet of such parking facilities as measured by the route of travel from the nearest parking space to the commonly used entrance of the principal use served; 2. The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and 3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the city clerk and recorded with the county clerk and recorder. h. Section 38.25.060 states the requirements for off-site parking. A. Any off-site parking which is used to meet the requirements of this chapter shall be reviewed by the planning director for compliance with this chapter and shall be subject to the following conditions: 1. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter; 2. Reasonable continuous pedestrian and vehicle access from off-site parking facilities to the use being served shall be provided; 3. Off-site parking for one-household and two-household dwellings shall not be permitted; 235 Z14395 Wallace Building On-Premises Consumption CUP Page 11 of 18 4. Off-site parking for multiple household dwellings shall not be located more than 100 feet from any commonly used entrance of the principal use served; 5. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the entrance of the principal use. The distance shall be measured on a pedestrian route of travel such as a sidewalk or city standard trail from the nearest parking space to the entrance of the principal use served; and 6. Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain ownership or provide evidence of a long-term lease agreement, revocable with review authority approval, running with the term of the designated use, for parking utilization of the off-site location. i. Section 38.26.050.E discusses the street frontage landscaping required: 1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways shall be landscaped, as defined in this chapter, and shall include one large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. When this requirement conflicts with other requirements of this chapter or other portion of this Code the review authority may relax this standard to reach an optimal balance in public interests. a. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by the forestry department. Street trees must meet the arboricultural specifications and standards of chapter 16, article V, division 3. The forestry department, in cooperation with the city tree advisory board, publishes a pamphlet listing acceptable species and proper planting methods. Prior to planting street trees, a permit from the forestry department is required. 2. Where it may be impractical or difficult to plant large canopy trees within the public right-of-way (due to the presence of overhead power lines, for instance) the requirement for one large canopy tree for each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public rights-of-way are those accepted by the forestry department. 3. The minimum quantity of trees and other landscaping required and provided in the public right-of-way as described herein shall be designed to complement on-site landscaping and to enhance the proposed development project and the streetscape. j. Section 38.41.100 BMC states that a separate landscape plan designed by a landscape professional must be submitted with the final plan application. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Wallace Building On-Premises CUP File No.: Z14395 The Development Review Committee (DRC) considered the Conditional Use Permit application to allow a change in use to a food processing facility with an accessory restaurant serving beer and wine for on-premises consumption in the building addressed as 624 North Wallace Avenue. The DRC recommended conditional approval at the January 20, 2015 meeting. 236 Z14395 Wallace Building On-Premises Consumption CUP Page 12 of 18 The City Commission is scheduled to hold a public hearing and review the application at their February 9, 2015 meeting. SECTION 5 - 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. 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 The proposed application as conditioned is in compliance with this criterion. The Future Land Use designation is “Industrial” in the Bozeman Community Plan. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. For more detailed information on the growth policy designation please see Appendix A. 2. Conformance to this chapter, including the cessation of any current violations The application will conform to Bozeman Municipal Code (BMC) Chapter 38 “Unified Development Ordinance.” There are no known documented violations with the BMC for the property. 3. Conformance with all other applicable laws, ordinances, and regulations Following final 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 interior changes associated with the change in use. Conditions of approval address coordination with other regulating agencies. 4. Relationship of site plan elements to conditions both on and off the property Not applicable. No change to the existing building and site layout is proposed. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The change in use to food processing and restaurant does trigger additional parking requirements for the building, with the restaurant use creating the highest demand. However, that demand occurs in the evening hours (5 – 10 p.m.). The parking lot proposed on site will provide four parking spaces. The total maximum parking demand for the building is 20 parking spaces. As permitted by the Unified Development Ordinance, up to 80 percent of the nonresidential parking spaces required may be provided through shared parking. Shared parking may be requested if parking can be provided to serve two or more individual land uses without conflict or encroachment as demonstrated by a traffic impact study for the site based on the following: trip generation, hours of operation, quantity of required parking spaces, quantity of spaces that will be filled during peak hour periods, and any unusual events that may occur during the year that will exceed the average parking requirement. The study must indicate that adequate parking exists to meet the demand of potential uses. 237 Z14395 Wallace Building On-Premises Consumption CUP Page 13 of 18 The CUP application includes the applicant’s request for a shared parking arrangement with the properties located at 600 and 618 North Wallace Avenue, which contain uses that operate during the day (7 a.m. – 3/5 p.m.). A traffic impact study is contained within the application materials (“Joint Parking Study” sheet) and city staff finds it to meet all the conditions required for joint use as specified in the Unified Development Ordinance, including that the shared uses are located within 1,000 feet of the building and that there is no substantial conflict in the operating hours of the buildings for which joint-use is proposed. Per the required code provisions, a properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, will be required to be filed with the city clerk and recorded with the county clerk and recorder. 6. Pedestrian and vehicular ingress and egress The parking lot access point is off East Cottonwood Street. There will be pedestrian entrances both at the North Wallace frontage and the parking lot. 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 Per the required code provisions, a landscape plan is required with the final plan application. 8. Open space Not applicable. No residential uses are proposed with the application. 9. Building location and height Not applicable. No change to the existing building. 10. Setbacks The improved parking lot abides by all required yard setbacks. 11. Lighting Not applicable. No change to the existing building. 12. Provisions for utilities, including efficient public services and facilities Per the required code provisions, 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 backflow preventer and expansion tank installed. If the existing device does not provide adequate protection, the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. Per engineering staff conditions 7 and 8, sizing calculations for the water service shall be provided showing the existing ¾” diameter water service has adequate capacity. If a larger service is required, the applicant has been notified that water/sewer impact fees would apply. Additionally, water rights or cash in lieu thereof shall be provided if the anticipated annual water demand is one acre-foot greater than the existing historical water use. 14. Loading and unloading areas Not applicable. No specific loading area proposed. 238 Z14395 Wallace Building On-Premises Consumption CUP Page 14 of 18 15. Grading Not applicable. No change to the existing building and site plan. 16. Signage Not applicable. No signage is proposed. The applicant is aware of the requirement of a sign permit and COA when a new sign is proposed for the building. 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 is cited in the required code provisions. 18. Overlay district provisions The application does not require a Certificate of Appropriateness because no exterior alterations are proposed. 19. Other related matters, including relevant comment from affected parties No public comment was received in regards to this project. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members. 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 38.19.110, 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 restaurant portion of the building is located in the northeast corner, which is oriented toward the more non-residential portion of the NEHMU district. This allows for a primarily rear access off the parking lot for restaurant customers. This provides a soft buffer to the 239 Z14395 Wallace Building On-Premises Consumption CUP Page 15 of 18 more residential uses of the NEHMU district to the west. In combination with the specific floor plan positioning, the restaurant component of the building is very small scale in size at less than 1,500 square feet, which is the maximum permitted by zoning, and contained within the building. The proposed production of food and the consumption of alcohol on site will occur entirely indoors and is not anticipated to produce fumes, odors, noise, or other nuisances. As shown in the map series, there are only two other on-premises alcohol licenses in the greater surrounding neighborhood. An additional location on Broadway Avenue has been approved by the City but has not yet begun operations. No substantial complaints have been received by the City of Bozeman in regards to these existing licenses, demonstrating the ability to have non-residential uses within a neighborhood context. Therefore, Staff finds the site adequate in size and topography to accommodate a food processing facility with accessory restaurant serving beer and wine. 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; With the Community Development recommended conditions of approval and required code provisions on page 8, the application largely complies with the Unified Development Ordinance. Specifically, staff included condition of approval 3 allowing the City of Bozeman to revoke the right to serve alcohol to patrons 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. Additionally, there are adequate parking facilities, circulation, municipal services, and general improvement of the property. Staff believes the proposed artisan manufacturing use and the wine tasting room will have no material adverse effect upon abutting properties. 240 Z14395 Wallace Building On-Premises Consumption CUP Page 16 of 18 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. The proposed restaurant hours are 5 – 10 p.m. Staff doesn’t find it necessary to impose additional time limitations to the restaurant business. 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. 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. Community Development cited code 241 Z14395 Wallace Building On-Premises Consumption CUP Page 17 of 18 provision b applies to this issue. A document to be recorded will be provided by the City following preliminary approval. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The building located at 624 North Wallace Avenue is zoned as “NEHMU” (Northeast Historic Mixed Use). This zoning is unique by allowing a mixture of manufacturing/non-residential and residential uses. Specifically it allows all M-1 (Light Manufacturing) and R-2 (Residential Two-Household, Medium Density) uses, except casinos and adult businesses. The intent of the NEHMU district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both nonresidential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. Restaurants are a principal use in NEHMU but are capped at 1,500 square feet in size, no matter if located independently or in association with a food processing facility. Additionally, restaurant uses serving alcohol are limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling. Adopted Growth Policy Designation: The building located at 624 North Wallace Avenue is designated as “Industrial” future land use in the Bozeman Community Plan. This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing and transportation hubs. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow those mixed uses to coexist in harmony. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND A Conditional Use Permit (CUP) application was submitted to the Community Development Department for the building located at 624 North Wallace Avenue, which is located within the Northeast Historic Mixed Use (NEHMU) zoning district. This zoning is unique and allows all M-1 (Light Industrial) and R-2 (Residential Two-Household, Medium Density) uses, except casinos and adult businesses. The CUP application is requesting a change in use from a warehouse/shop to a food processing facility and accessory restaurant. Both a food processing facility and restaurant are permissible uses in the NEHMU zoning. The requirement of the CUP is triggered solely due to the restaurant’s proposal to serve beer and wine alcoholic beverages for on-premises consumption. The building’s proposed food processing use will have an accessory retail market component for the neighborhood during the day, providing the opportunity for the public to purchase and take home the house-roasted fish and meats, house blended spices, homemade soups and other food 242 Z14395 Wallace Building On-Premises Consumption CUP Page 18 of 18 items locally processed on site. Retail sales can be an accessory use to the food processing function. During the evening (5 – 10 p.m.), the proposed restaurant use will provide a small scale dining experience for the public. As specified in the zoning district, the restaurant component of the building cannot be more than 1,500 square feet in size. This application proposes the restaurant use to occupy 1,399 square feet while the remaining square footage is dedicated to the food processing facility. The building at 624 North Wallace Avenue is a metal-clad minimally fenestrated building located on the property close to the intersection of North Wallace and East Cottonwood. A parking/storage area is located to the east (behind) of the building. No exterior alterations to the building are proposed with the CUP application. Only the parking area is upgraded to provide surfacing, curbing and accessible handicap parking. A Certificate of Appropriateness application was previously submitted and approved in late 2014 for an exterior remodel of the metal clad building, with no change in building footprint. This CUP application is for the proposed change in use and proposed on-premises consumption of beer and wine on the property. No deviations or variances are requested with this application. At their January 20, 2015 meeting, the Development Review Committee meeting voted unanimously to recommend approval of the CUP application with the recommended conditions and code provisions identified in this report. APPENDIX C – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice will be published in the Bozeman Daily Chronicle on January 25 and February 1, 2015. In addition, notice was posted on site on January 23, 2015. APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF Owners/Applicants: Wackamoley, LLC, 3919 Rain Roper Drive, Bozeman, MT 59715 Minarik Architecture, Inc., 2222 NE Oregon #217, Portland, OR 97232 Report By: Allyson Brekke, Associate Planner 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 Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Applicant’s submittal materials 243 12.19.2014 City of Bozeman Planning Department 20 East Olive Street #202 Bozeman, MT 59715 re: 624 N Wallace| CUP Application Enclosed are submittal materials and application forms for a Conditional Use Permit at 624 N Wallace. A Restaurant is a permitted use within HMU zoning if it is no larger than 1,500 square feet, however the specific conditional use being proposed is a Restaurant Serving Beer and Wine. *Conditional in M1; Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility. (Table 38.12.020, Note 9). Per the criteria for CUP review outlined in Sec. 38.19.110 of the U.D.O. which references Sec. 38.19.100, this application intends to show a generalized demonstration of compliance with respect to site improvements and upgrades. A subsequent site plan will be submitted in the future, providing evidence of specific compliance with conditions of approval. The application packet intends to show site compatibility, conformance to zoning requirements, parking accommodations, neighborhood scale, and a narrative of the use/type of restaurant seeking conditional use for beer and wine. Prior to this application, a COA was submitted for exterior improvements to the existing building at 624 N Wallace. Those improvements are shown with the included building elevations and renderings. Specific references to the review criteria for a Conditional Use Permit per 38.19.110 within this application include the following: 1) Is the site for the proposed use 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 restaurant/beer/wine component of the proposed use is located on the NE corner of the existing building which is oriented towards the more industrial/commercial portion of the HMU district. Although the business model of the proposed use is not intended to be noisy or ‘late-night’ (intentions are an intimate dining experience, ref. narrative p.1), this does address the adjacent land uses of primarily residential to the west and north, and commercial/industrial to the north, east and south. The proposed use does not increase the building footprint or change the lot coverage of buildings or surface parking. It does improve the existing accessibility and safety of the existing parking lot as well as provide a dedicated garbage and recycling zone. Currently the parking area on site is under-utilized and considered an eye-sore to that part of the neighborhood. The proposed use utilizes joint parking with the adjacent two properties to the south as outlined in the application’s joint parking study. The proposed use reaches a peak parking demand during dinner hours when adjacent uses (and their parking lots) are empty and available for joint use. Per the joint parking study (ref. p.10) at peak demand MINARIK ARCHITECTURE inc2222 NE Oregon #217 | Portland, OR 97232 | doug@minarikarch.com | 971.319.6249 | minarikarch.com 244 during the dinner hours, the jointly used parking spots are 61% full. In addition the joint parking available is contained on the same block and does not require restaurant patrons to cross the street. The existing site includes a large tree within the street vision triangle and unkept landscaping. The proposed use will relocate planting to be outside of the street vision triangle and add a more pedestrian friendly access to the building off Wallace with bike parking, benches and planters (ref. existing conditions main entry p.3 & rendering of proposed new entry, p.8). Given the location of the site access point at the east side of the building, daytime loading/unloading (although minimal) is both visually hidden from N Wallace. The improvements made to 624 N Wallace will bring it up to date with recent improvements made to properties to the north and south. 2) Will the proposed use have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof Given the intentions of the proposed use to have the beer and wine component be a complimentary element to the dining experience, it is anticipated to only add to the livability of the neighborhood without impacting the character. Adjacent land uses are diverse (office, bakery, manufacturing, gallery, residential, bike shop) and represent a true mixed-use district. However, given the majority of adjacent uses shut down at 5pm, the proposed use will extend the livability and safety of this commercial/industrial part of the NE neighborhood into the evening hours, but will have finished its dining hours by 10pm. 3) Additional Factors that May Be Considered As described in the project narrative and outlined above, the proposed use intends to be a complimentary addition to the neighborhood and provides a resource to the community for locally made foods that will have an opportunity to be used in local restaurants or even sold in local grocery stores. The proposal for beer and wine service with the restaurant component is not to create a late night destination, rather a complimentary dining experience that showcases the locally made foods. Included with this letter is a Development Review Application, Site Plan Checklist, Neighborhood Certificate, Adjoiners Certificate and (12) copies of a (10) page 11x17 CUP application packet. Thank You! Doug Minarik, AIA Minarik Architecture, Inc 971-319-6249 245 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: /8BMMBDF#VJMEJOH&OWFMPQF*NQSPWFNFOUT DPSZSFJTUBE!WJBIPNFDPN .JOBSJL"SDIJUFDUVSF *OD EPVH!NJOBSJLBSDIDPN /&0SFHPO]1PSUMBOE 03 3BJO3PQFS%S]#P[FNBO .5 8BDLBNPMFZ --$ /PSUIFSO1BDJGJD"EEJUJPOUP#P[FNBO #MPDL -PU /8BMMBDF $POEJUJPOBM6TF1SPQPTBMGPSSFTUBVSBOUVTFTFSWJOHCFFSBOEXJOF ).6 TIPQJOEVTUSJBM JOEVTUSJBM .JOBSJL"SDIJUFDUVSF *OD EPVH!NJOBSJLBSDIDPN /&0SFHPO]1PSUMBOE 03 246 Page 2 (Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07, revised 11/14/11) 13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14 13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue 14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15 14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor 15. Will this application require a deviation(s)? Yes, list UDC section(s): No 16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application E. Special Temporary Use Permit T. Subdivision Preliminary Plat F. Sketch Plan/COA U. Subdivision Final Plat G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption H. Preliminary Site Plan/COA W. Annexation I. Preliminary Site Plan X. Zoning Map Amendment J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment K. Conditional Use Permit Z. Zoning Variance L. Conditional Use Permit/COA AA. Growth Policy Map Amendment M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment N. Administrative Interpretation Appeal Other: This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½- by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant’s Signature: Date: Applicant’s Signature: Date: Property Owner’s Signature: Date: Property Owner’s Signature: Date: Y Y Y Y Y Douglas Minarik Digitally signed by Douglas Minarik DN: cn=Douglas Minarik, o=Minarik Architecture, Inc, ou, email=doug@minarikarch.com, c=US Date: 2014.12.18 11:24:16 -08'00' 247 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) %PVH.JOBSJL.JOBSJL"SDIJUFDUVSF *OD /PSUI8BMMBDF Douglas Minarik Digitally signed by Douglas Minarik DN: cn=Douglas Minarik, o=Minarik Architecture, Inc, ou, email=doug@minarikarch.com, c=US Date: 2014.12.18 11:52:32 -08'00' 248 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) %PVH.JOBSJL .JOBSJL"SDIJUFDUVSF *OD /8BMMBDF$61 Douglas Minarik Digitally signed by Douglas Minarik DN: cn=Douglas Minarik, o=Minarik Architecture, Inc, ou, email=doug@minarikarch.com, c=US Date: 2014.12.18 11:56:13 -08'00' 249 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) 250 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 251 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. 252 Page 6 D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan: Landscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan 2. Location of existing boundary lines and dimensions of the lot 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name, street address, and lot and block description 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features 11. A description of proposed watering methods 12. Location of street vision triangles on the lot (if applicable) 13. Tabulation of points earned by the plan – see Section 38.26.060, BMC (Landscape Performance Standards) 14. Designated snow removal storage areas 15. Location of pavement, curbs, sidewalks and gutters 16. Show location of existing and/or proposed drainage facilities which are to be used for drainage control 17. Existing and proposed grade 18. Size of plantings at the time of installation and at maturity 19. Areas to be irrigated 20. Planting plan for watercourse buffers, per Section 38.23.100, BMC (Watercourse Setbacks), if not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls 253 Landowners With In 200ft 624 N WallaceMINARIK Architecture, Inc700 NE 22nd Ave #217, Portland, OR 97232 | 971 319 6249 | minarikarch.com Prepared By: LOT PROPERTY ADDRESS OWNER NAME OWNER MAILING ADDRESS NORTH BLOCK 105 LOT 32B 601 COTTONWOOD ST, BOZEMAN, MT 59715 SAMUEL THOMPSON III 6770 HAWAII KAI DR APT 24, HONOLULU, HI 968251519 BLOCK 105 LOT 20-28 624-630 Cottonwood ST, BOZEMAN, MT 59715 DONNA EDGERLEY 305 N CHURCH AVE, BOZEMAN, MT 59715 EAST BLOCK 106 LOT A 622 Cottonwood ST, BOZEMAN, MT 59715 POMEGRANATE LLC 618 N WALLACE AVE, BOZEMAN, MT 59715 BLOCK 106 LOT B 626 E COTTONWOOD ST #1, BOZEMAN, MT 59715 DAVID & WENDY DOUGHTY 246 SAGEBRUSH RD, THREE FORKS, MT 597528620 626 E COTTONWOOD ST #2, BOZEMAN, MT 59715 EMILY SHERMAN & PAUL KOLLER 626 E COTTONWOOD ST #2, BOZEMAN, MT 59715 626 E COTTONWOOD ST #3, BOZEMAN, MT 59715 DAVID HARVEY 389 LEWIS AND CLARK TRL, YANKTON, SD 570786738 626 E COTTONWOOD ST #4, BOZEMAN, MT 59715 BELAIR FAMILY TRUST 1119 BRANCIFORTE AVE, SANTA CRUZ, CA 95062 626 E COTTONWOOD ST STE. A, BOZEMAN, MT 59715 LOFT BLDG LLC 1025 RIDGE PARK DR, CONCORD, CA 945181434 BLOCK 106 LOT 2 618 N WALLACE AVE, BOZEMAN, MT 59715 POMEGRANATE LLC 3919 RAIN ROPER DR, BOZEMAN, MT 59715 SOUTH BLOCK 106 LOT 27-32 600 N WALLACE AVE, BOZEMAN, MT 59715 600 NORTH WALLACE AVENUE LLC BUNTING MANAGEMENT, HUNT VALLEY, MD 21030 BLOCK 106 LOT 24-26 615 E PEACH ST, BOZEMAN, MT 59715 600 NORTH WALLACE AVENUE LLC 600 N WALLACE AVE, BOZEMAN, MT 59715 BLOCK 106 LOT 22-23 621 E PEACH ST, BOZEMAN, MT 59715 GILLAM CON K REVOCABLE PO BOX 937, BOZEMAN, MT 597710937 BLOCK 106 LOT 17-21 627 E PEACH ST, BOZEMAN, MT 59715 MEDIA STATION INC 627 E PEACH ST, BOZEMAN, MT 59715 WEST BLOCK 107 LOT A AND C 611 N WALLACE AVE, BOZEMAN, MT 59715 AND 550 E PEACH ST, BOZEMAN MT 59715 SUSAN DIANE TURNER 611 N WALLACE AVE, BOZEMAN, MT 59715 BLOCK 107 LOT B 605 N WALLACE AVE BOZEMAN, MT 59715 CHADWICK GROTH & J. FLORENCE 701 S WILLSON AVE, BOZEMAN, MT 59715 BLOCK 107 LOT 15-16 530 E COTTONWOOD ST, BOZEMAN, MT 59715 AUBREY WALL & GERALDINE WALL, RANDY & MARY WALL 1888 8TH ST W, DICKINSON, ND 58601-2203 BLOCK 107 LOT 13-14 553 E COTTONWOOD ST, BOZEMAN, MT 59715 LAWRENCE & DIANA STERNE PO BOX 442, BOZEMAN, MT 59771 BLOCK 107 LOT 11-12 522 E COTTONWOOD ST, BOZEMAN, MT 59715 ERIC & ANNA REYNOLDS PO BOX 10953, BOZEMAN, MT 59719 NORTH-WEST BLOCK 108 S LOT 17-22 701 N WALLACE AVE, BOZEMAN, MT 59715 MARLYN MADISON , DIANA PETERSEN, VALERIE HEDGLIN , TRACEY DOWNING 220 SACAJAWEA PEAK DR, BOZEMAN, MT 59718 BLOCK 108 N LOT 17-19 707 N WALLACE AVE, BOZEMAN, MT 59715 DWIGHT WIESE & JEANNE WESLEY 707 N WALLACE AVE, BOZEMAN, MT 59715 254 TABLE OF CONTENTS: PAGE 1 COVER/ NARRATIVEPAGE 2 ZONING DIAGRAMSPAGE 3 EXISTING CONDITIONS PAGE 4 PROPOSED SITE PLAN PAGE 5 LEVEL 1 MARKET PLAN PAGE 6 MEZZANINE MARKET PLANPAGE 7 ELEVATIONS & MATERIALSPAGE 8 RENDERINGS PAGE 9 JOINT PARKING STUDY 624 N Wallace is a true adaptive re-use project; transforming an existing metal clad and primarily window-less building into a neighborhood-scaled ‘market’ and restaurant. The term ‘market’ is used to imply the primary ‘food processing’ use within the building will have a neighborhood presence, providing the opportunity for the public to purchase and take home the house-roasted fish and meats, house blended spices, homemade soups and other food items locally processed on site. In addition to being available for pick-up, the foods prepared on site will be used for off- premise catered events and delivered to local restaurants. (ref. Diagram A, page 2) The proposed use builds on the tradition of small neighborhood markets and restaurants that act as gathering spots for neighbors, a source of news and conversation, provide an element of neighborhood safety, and a convenient spot to pick-up locally made ingredients or grab a bite to eat. During the evening, the proposed restaurant use within the market is intended to provide a small intimate dining experience that is insulated from North Wallace by the market, taking advantage of northeast views to the Bridgers. The restaurant will serve locally sourced and house made foods in an unpretentious and comfortable atmosphere. In addition to the simple rustic-style bistro fare, locally brewed beers and carefully selected wines will be offered, all with conscious food-pairing intentions for an exciting culinary experience. Per the zoning-use diagrams on page 2, a restaurant offering beer and wine is a conditional use limited in scale to 45% of the overall ‘food processing’ use and a maximum of 1,500 square feet. These limitations are critical to maintain a scale appropriate to the neighborhood but also recognize the value of small mixed-use commercial nodes that contribute to the walk-ability and long-term vitality of a neighborhood. The proposal for beer and wine service with the restaurant component is not to create a late night destination, rather a complimentary dining experience that showcases the locally made foods. The following packet of information outlines compliance with Bozeman’s U.D.O., presents the proposed building and site improvements, and a joint parking matrix to show how the vehicular demand of the proposed use will be woven into the neighborhood fabric. Specific references to the review criteria for a Conditional Use Permit per 38.19.110 are outlined in this application’s cover letter and further supported on the following pages. MINARIK Architecture, Inc700 NE 22nd Ave #217, Portland, OR 97232 | 971 319 6249 | minarikarch.com Prepared By:624 N Wallace | CONDITIONAL USE PERMIT Bozeman, Montana 255 624 N WALLACE | CUP 12.19.2014 BOZEMAN U.D.O. DIAGRAMS Mezzanine Over Kitchen: Office/Storage/Private Event Restaurant(NE Corner) Food Processing C O T T O N W O O D N. WALL A C E Market Market opens to N. Wallace B.O.H. FOOD PROCESSING /MEZZANINE ABOVE VIEWS TO BRIDGERS RESTAURANTMARKETCONNECTION TON. WALLACE Restaurant 1,500 SF 45% of GROSS += 45% of 3,333 SF 2,500 sf Building Footprint 3,333 sf GROSS 833 sf Mezzanine Restaurant Program Within Food Processing Facility Diagram* *areas shown are nominal, actual square footages shown below and on floor plan pages FIGURE A: Food Processing & Building Use FIGURE B: Building Use Axonometric Diagram OFF SITE FOOD DISTRIBUTION: House-Made Foods Wholesale Spice Production Off-Premise Catering Sec. 38.14.020. - HMU Authorized uses HMU ARTICLE 14. - NORTHEAST HISTORIC MIXED-USE DISTRICT (HMU) Restaurants- PERMITTED* *Permitted as Principal Use if 1,500 square feet or less (38.14.020.A.b) Restaurants serving alcoholic beverages- CONDITIONAL* *Conditional in M1; Limited to state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility. (Table 38.12.020, Note 9) FOOD PROCESSING FACILITY- PERMITTED* Permitted per Table 38.12.020 M1: Sec. 38.12.020 - Authorized Uses for M1 R2: Sec. 38.08.020 - Authorized Uses for R2 Actual Proposed Areas (See Floor Plans For Specific Locations): Level 1 Mezzanine Total Restaurant 1,102 sf 297 sf 1,399 sf Food Processing 1,282 sf 513 sf 1,795 sf Total 2,384 sf 810 sf 3,194 sf 1,399 / 3,194 = 43.8% Maximum Allowable Restaurant (Actual Shown Below) Section 38.42.1150 Food Processing Facility A facility in which food is processed or otherwise prepared for eventual human consumption, but not consumed on premises. Food Processed/Prepared On Site to be Consumed Off-Premises: House Roasted Meats & Fish Spices Soups Meals Prepared for Catering Services Facility Requirements for Food Processing: Commercial Kitchen, Roasting Oven, Walk-in Cooler Catering Office Dry Storage / Restroom / Mechanical Deli/Meat Counter 256 624 N WALLACE | CUP 12.19.2014 624 N WALLACE LOCATION/ EXISTING BUILDING BOZEMAN, MONTANA 624 NorthWallace E COTTON WOOD ST N WALLACE AVEN ROUSE AVEN N PROJECT SITE WEST ELEVATION NORTHWEST CORNER NORTHEAST CORNERVIEW FROM SOUTH OF PROPERTY M-1 1) Commercial / Residential2) Office 3) Office / Bakery / Manufacturing 4) Industrial 5) Office 6) Office7) Retail / Office 8) Single Family Residential5 1 37 1 4 4 8 6North WallaceE Cottonwood Street E Peach Street R-2 HMU N. WALLACE ENTRY (Existing Main Entry) 257 624 N WALLACE | CUP 12.19.2014 SITE PLAN 3/32” = 1’-0” IMPROVED SITE PLAN R-1 9’ x 20’ R-2 9’ x 20’ R-3 9’ x 20’ SNOW STORAGETRASH/ REC EXISTING SIDEWALK REMOVE EXISTING TREETO IMPROVE VISION TRIANGLE EXISTING TREE EXISTINGTREE IMPROVED LANDSCAPING IMPROVED LANDSCAPING EXISTING STREET ENTRY NEW SIDEWALKMATERIAL CHANGE 20’ SETBACK LINE (E) BUILDING FOOTPRINT TO REMAIN UNCHANGED LOT LINE (67’x125’)OVERHEAD PWR LINEPOLE ACROSS STREETGAS METER E COTTONWOOD ST.N WALLACE AVE618 N Wallace Building Footprint NEW WESTENTRY NEW ENTRYFROM PARKING BENCH & BIKES IMPROVE EXISTING PARKING LOTNEW CURBS AND GUTTERS 3’ SETBACK LINE (E) BUILDING FOOTPRINT TO REMAIN UNCHANGED20’ SETBACK LINE(E) BUILDING FOOTPRINT TO REMAIN UNCHANGEDADA-1 9’ x 20’ + 8’ Path15’ VISION TRIANGLE40’ VISION TRIANGLESEWER & WATER LATERALS TO SITE APPROXIMATED EXISTING SIDEWALK(E) Fire Hydrant NEW STOREFRONT, SEE ELEVATIONS LOT LINE (67’ x 125’)SAME PROPERTY OWNER FOR 618 & 624 N WALLACE / PROPOSED O’ LOT LINE AGREEMENT PLANTERS 624 N Wallace Area of Future Tenant Improvement: 2,384 SF to Interior F.O. Walls SEE FOLLOWING PAGES FOR FLOOR PLANS 258 624 N WALLACE | CUP 12.19.2014 MARKET PLAN 1. Food Processing Kitchen 2. Market Meat Counter/ POS 3. Market Retail 4. Counter Seating 5. Outside Market/ Sales of flowers, bread, etc. 6. Restaurant Waiting / Host 7. Stairs to Mezzanine Above 8. Primary Dining Area 9. Restroom 10. Janitor Closet 11. Walk-in Cooler 12. Private Function 13. Office 14. Storage 1 7 6 2 35 8 9 10 9 4 NEW WEST ENTRY - VISUAL CONNECTION TO FOOD PROCESSING NEW ENTRYFROM PARKING 11 LEVEL 1 PLAN 1/8” = 1’-0” 2 3 85 1,102 sf (35’ x 31’-6” Restaurant Seating Space, Countertop Seating, Portion of Back-of-House Kitchen 1,282 sf Market Production & Sales, Portion of Back-of-House Kitchen, Walk-in Cooler, Food Production 2,384 sf Total Level 1 Area 810 Mezzanine area 3,194 sf Total Building Area LEVEL 1 AREA SUMMARY 259 624 N WALLACE | CUP 12.19.2014 MEZZANINE PLAN 1/8” = 1’-0” MARKET PLAN 12 13 14 1. Food Processing Kitchen 2. Market Meat Counter/ POS 3. Market Retail 4. Counter Seating 5. Outside Market/ Sales of flowers, bread, etc. 6. Restaurant Waiting / Host 7. Stairs to Mezzanine Above 8. Primary Dining Area 9. Restroom 10. Janitor Closet 11. Walk-in Cooler 12. Private Function 13. Office - Catering 14. Storage 1 Bridgers View Street / Pedestrian Connection 1 8 South WallSECTION A-A 12 OPEN TO BELOW 127 297 sf (15’-9” x 18’-8” Private Function Space) 513 sf Catering Office and Food Production Storage 810 sf Total Mezzanine Area 2,384 Level 1 Area 3,194 sf Total Building Area LEVEL 1 AREA SUMMARY 260 624 N WALLACE | CUP 12.19.2014 ELEVATIONS AND MATERIALS 1. Vertical Wood Siding2. Metal Roof3. Powder Coated Steel Canopy with Signage4. Wood Door, Main Entry5. Vertical Wood Slats 6. Storefront Glazing on Concrete curb 7. Fiber Cement Panel8. Wood Door, Side Entry9. Door10. Bench & Planter/ Low Rail ELEVATIONS AND MATERIALS EAST ELEVATIONWEST ELEVATION NORTH ELEVATION SOUTH ELEVATION 1 6 2 3 5 4 7 1 1 1 3 85 5 11’-0” T.O. NEW GLAZING 18’-0” T.O. EXISTING WALL 21’-10” T.O. EXISTING ROOF NOT VISIBLE ADJACENT TO618 N WALLACEBUILDING 11’-0” T.O. NEW GLAZING 18’-0” T.O. EXISTING WALL 21’-10” T.O. EXISTING ROOF 2 6 9 6 0’-0” EXISTING GRADE 0’-0” EXISTING GRADE 9 6 4 3 5 1 5 261 624 N WALLACE | CUP 12.19.2014 RENDERING VIEW OF NW CORNER / VIEW OF MAIN ENTRY Wallace Entry / NW Building Corner +New entry approach +New Planting +New Benches +New Windows Wallace Entry / Looking North 262 624 N WALLACE | CUP 12.19.2014 JOINT PARKING STUDY PARKING LOAD 1/16” = 1’-0” E COTTONWOOD ST.N WALLACE AVE624 N Wallace 618 N Wallace 600 N Wallace (2) Block 106 Lot A Alley E PEACH STREET 4 Parking Spots 10 Parking Spots 19 Parking Spots Available After 5pm 618 N Wallace Parking Load (1) 624 N Wallace Parking Load (1) Level 1 Mezzanine Notes: 1) Reference Following Page for Joint Use Parking Spreadsheet 2) 600 N Wallace Parking Available only after 5pm Market Retail 263 624 N WALLACE | CUP 12.19.2014 JOINT PARKING STUDY 7am 8am 9am 10am 11am 12pm 1pm 2pm 3pm 4pm 5pm 6pm 7pm 8pm 9pm 10pm 600 N. Wallace 19 Parking Spots After 5pm Manufacturing ‐ Basement 8am ‐ 5pm Bakery ‐ Main Floor 7am ‐ 3pm Café Seating ‐ Main Floor 7am ‐ 3pm Offices ‐ Second Floor 9am ‐ 5pm 606 N. Wallace Total Parking Demand N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 00000 618 N. Wallace 10 Parking Spots Available Office ‐ Main Floor 1,504 (2)250 6.02 9am ‐ 5pm 3666566662 Warehouse ‐ Main floor (goods storage) 1,142 (1)1,000 1.14 9am ‐ 5pm 1111111111 7.16 618 N. Wallace Total Parking Demand 7 0477777777300000 624 N. Wallace 4 Parking Spots Available Restaurant Seating ‐ Main Floor 660 (2)50 13.20 5pm ‐ 10pm 4 4 4 7 13 13 13 9 Restaurant Seating ‐ Mezzanine 275 (2)50 5.50 6pm ‐ 10pm 35553 Market @ Front of House ‐ Main Floor 124 (2)300 0.41 11am ‐ 3pm 111111 Kitchen / Food Processing ‐ Main floor 801 (2)1,000 0.80 7am ‐ 10pm 1111111111122211 Office ‐ Second Floor 216 (2)250 0.86 7am ‐ 5pm 11111111111 20.78 624 N. Wallace Total Parking Demand (4)20 222277733311202020131 Cumulative Parking Demand Per Time of Day 2 6 9 9 14 14 14 10 10 10 14 20 20 20 13 1 Available Parking Spots 14 14 14 14 14 14 14 14 14 14 33 33 33 33 33 33 % of Available spots in use 12% 42% 63% 63% 100% 100% 100% 70% 70% 70% 42% 61% 61% 61% 38% 2% Lunch Hour Traffic @ Market 600 N. Wallace Parking Lot Available Notes: (1)Per 38.25.010.A.1.a / Floor Area calculation uses 85% of Gross Floor Area, as defined in Article 42 of the U.D.O. (2) (3)Per Table 38.25.040‐3 (4) (5) After 5pm the 19 Parking Spots Become Available For Joint Use Per 38.25.010.A.1.a / Floor Area calculation uses alternate calculation measuring specific areas of use; subtracting window display areas, storage areas, areas occupied by toilets and restrooms, kitchens or break rooms, areas occupied by stairways and elevators, corridors connecting rooms or Per 38.25.040 / When calculation of the required parking results in a fraction of a parking space being required, the fractional space is not required to be provided. The cumulative demand is for information only and not representative of the actual parking load at a given time of day. Reference the graph for actual parking space requirements as a condition of hours of operation and peak load times. Floor Area Net (1 or 2) Parking Factor (3) Primary Hours of Business Between 7am and 5pm the 19 Available Parking Spots are For 600 N. Wallace Use Only Number of Parking Spots Occupied by Each Use Per Time of Day Maximum Parking Demand Per Use (4) 264