HomeMy WebLinkAboutA3. Un-Knotted CUP15422 Staff Report for Un-Knotted Extended Stay CUP Page 1 of 18
15422 Staff Report for the Un-Knotted Extended Stay Conditional Use Permit
Date: City Commission Public Hearing November 23, 2015
Project Description: A Conditional Use Permit (CUP) application requesting the change in use of a portion of the building located at 708 North Rouse Avenue from professional office
to extended stay (vacation rental). The CUP is required because extended stay is a
conditional use in the Northeast Historic Mixed Use (NEHMU) zoning district. Application
no. 15422.
Project Location: 708 North Rouse Avenue. The property is zoned NEHMU (Northeast Historic Mixed Use District) and is legally described as Lots 19-24, Block 118, Northern
Pacific Addition, plus the northern half of the vacated Cottonwood Street, S06, T02S, R06E,
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 no. 15422 and move to approve the Un-Knotted Extended Stay Conditional
Use Permit to allow a change in use of a portion of the building located at 708 North Rouse
Avenue from professional office to extended stay, with conditions and subject to all applicable code provisions.”
Report Date: Friday, November 13, 2015
Staff Contact: Allyson B. Brekke, Associate Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None identified at the time of the writing of this report.
Project Summary
The subject Conditional Use Permit (CUP) application is requesting the change in use of a
portion of the existing mixed-use building located at 708 North Rouse Avenue from
professional office to extended stay (vacation rental). The CUP is required because
extended stay is a conditional use in the Northeast Historic Mixed Use (NEHMU) zoning district.
Extended stay lodging is defined within the Bozeman Municipal Code (BMC) Section
38.42.1040 as “guest rooms intended or designed to be used, or which are used, rented or hired
out to be occupied, or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation, including, but not limited to, such facilities as refrigerators, stoves and ovens. Generally an individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented or hired out for vacation homes.”
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A separate CUP application was approved by the Bozeman City Commission for this property in
December 2013 for another extended stay unit within the same building. A new CUP must be
processed for this additional extended stay unit because it increases the size of the existing
extended stay unit square footage by more than what can be permitted administratively (which is 20%).
This proposed use is reviewed against the CUP criteria of Section 38.19.110 BMC as addressed
in Section 5 of this report. No exterior modifications to the existing building are proposed. Plans
and conditions reflect a previously approved but not yet constructed modification of the site for a catering kitchen.
At their October 28, 2015 meeting, the Development Review Committee meeting voted
unanimously to recommend conditional approval of the CUP application with the conditions and
code provisions identified in this report.
No public comment has been received at the time of the writing of this report.
A more detailed project description is provided 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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
TABLE OF CONTENTS .......................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 5 - STAFF ANALYSIS........................................................................................... 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 10
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 13
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 16
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 16
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 17
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 17
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
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SECTION 1 - MAP SERIES
Figure 1: Zoning Map and Aerial
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Figure 2: Future Land Use Map
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Figure 3: Current Land Use Map
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the project:
Planning 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. The maximum number of guests with the extended stay unit shall not exceed 5 per night.
3. All outdoor activities on the property shall cease by 10:00 p.m.
4. There shall be no outdoor sleeping, campers or tents permitted on the property at any
time.
5. The owner shall assure that the occupants and/or guests of the vacation rental do not
create unreasonable noise or disturbances, engage in disorderly conduct, or violate any
provisions of this Conditional Use Permit or state or local laws by notifying occupants of
the rules regarding this rental and responding when notified that occupants are violating any laws or rules regarding their occupancy. It is not intended that the owner, local agent,
or contact person act as a peace officer or place himself or herself in harm’s way.
6. The owner or agent of the owner shall mail to the party signing any rental agreement or
reserving the property a copy of all the vacation home rental rules and regulations, including the above conditions, within ten (10) days of reserving the property. Any rental
agreement shall include a written acknowledgment by the renters of compliance with said
rules and conditions. The owner or agent shall also prominently display all the rules and
regulations within the unit or on/adjacent to the interior of the front door.
This information shall also include the following:
a. The name of the property management company, agent, local contact person, or
owner of the property, and a telephone number at which that party may be
reached on a 24-hour basis.
b. The trash pick-up day and notification of all rules and regulations regarding trash
removal. c. The rules, requirements or provisions for seasonal snow removal.
7. That the applicant upon submitting the final plan for approval by the Community
Development Director and prior to issuance of a building permit, will also submit a
written narrative outlining how each of the conditions of approval and code provisions have been satisfied.
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Engineering Conditions
8. The water service to the building may require an upgrade to accommodate the proposed
use. The applicant shall coordinate water service sizing with the Building Department
and the Water and Sewer Superintendent. The water service shall be sized such that the maximum velocity in the line, as calculated by the fixture unit method defined in the
Uniform Plumbing Code, does not exceed 10 feet-per-second (City of Bozeman Design
Standards and Specifications Policy). The water service installation inside the building
shall be brought to the current standard if it doesn’t currently have a backflow preventer
per City Water Inspection Requirements. The backflow preventer provides protection of the public water supply.
9. 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. If not
existing, the grease interceptor must be constructed.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
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. Staff will draft the
document that must be recorded at the Gallatin County courthouse. A copy of this
recorded document must be submitted with the final plan application.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Un-Knotted Extended Stay Conditional Use Permit
File: 15422
The Development Review Committee (DRC) considered the Conditional Use Permit on October 14 and 28, 2015 and completed the review with a recommendation of conditional approval on
October 28, 2015.
The City Commission is scheduled to hold a public hearing and review the application at their
November 23, 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
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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 underlying land use designation for the property is “Industrial.” This classification provides
areas for the uses which support an urban environment such as manufacturing, warehousing, and
transportation hubs. In some circumstances, including the Northeast Historic Mixed Use zoning district area where the current property is located, uses other than those typically considered
industrial have been historically present in areas which were given an industrial designation in
this growth policy. This includes residential uses, including single-household, two-household
and three-household residences, as well as mixed-use buildings that may incorporate a permitted
industrial use with an accessory residential use.
2. Conformance to this chapter, including the cessation of any current violations
No current violations are known to exist on the site and no complaints have been received by the
City Police Department in regards to the property. 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.
3. Conformance with all other applicable laws, ordinances, and regulations
No conflicts have been identified. Additional steps are required such as a final site plan and
application for a City of Bozeman business license, which will be addressed in the future. The
project is generally conforming to the standards as presented and will comply fully with identified conditions and code requirements. Following final site plan approval, the plans will be
further evaluated against the requirements of the International Building Code at the time
application is made for a building permit for the facility. Conditions of approval address
coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property
The extended stay use is proposed within the professional office tenant space of an existing two-
story, mixed-use, L-shaped building that is located within the northern section of the property. A
surface parking lot with 27 parking spaces is located to the building’s south. Bozeman Creek
runs partially within and along the property’s east boundary.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
The proposed extended stay will not create a parking shortage. Parking calculations are
based on the intended future mixed-use of the building, which will include two extended stay
units in total and a catering kitchen with accessory retail and restaurant. The calculations are
as follows:
Proposed Restaurant:
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Public serving area = 984 sqft / 50= 19.68 parking spots
Catering retail space = 575 sqft / 300 = 1.91 parking spots
Commercial kitchen = 985 sqft / 1000 = .98 parking spot
New Extended Stay Rental:
1parking spot per bedroom. 2 existing bedroom= 2 parking spots
Existing Extended Stay Rental:
1parking spot per bedroom. 2 existing bedroom= 2 parking spots
Allowable reductions:
Sec. 38.25.040.A.l.a.(1): One parking space for each 24 uninterrupted linear feet of available
street frontage usable for on-street parking directly adjacent to a lot may be deducted from
the total parking spaces required for a development. The number of on-street spaces
calculated shall not exceed the number of dwellings on the lot. The width of drive accesses, designated nonparking areas, vision triangles, and similar circumstances shall not be
considered to be available for the purpose of on-street parking space.
1 on-street parking space available and may be reduced from residential parking
requirements
Sec. 38.25.040.A.2.c.(6): Property owners have the option of requesting the reduction of up
to ten percent of the required parking spaces for nonresidential uses if:
In addition to the minimum otherwise required by this chapter, two covered bicycle parking
spaces are provided for each automobile space not provided; and
For each ten or fraction of ten automobile parking stalls reduced a nonresidential shower,
changing area, and five clothing lockers are provided on-site.
The design provides for 1 women's, and 1 men's shower provided with 5 lockers each,
requesting the required parking be reduced by 1O%.
The calculations are in compliance with the parking requirements in the Bozeman Municipal Code. No additional parking will be required to meet the City’s minimum standards. Traffic
levels may fluctuate based on rentals. In addition, due to periods when the building’s extended
stay units are not rented, or occupied by the owner, traffic will be minimized. Therefore, overall
traffic levels, on average, over time, would generally be considered comparable to similar
residential homes.
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6. Pedestrian and vehicular ingress and egress
The existing vehicular ingress and egress off North Rouse Avenue into the property’s surface
parking lot will remain with the proposal.
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 existing mature landscaping is conforming to current standards. No new landscaping is
proposed.
8. Open space
Not applicable. Only site plans containing five or more dwelling units shall provide on-site open
space for the use of the residents. Parkland requirements are considered met as it was dealt with
the construction of the existing building on the property.
9. Building location and height
No physical alterations are proposed for the existing building. The building height will remain unchanged.
10. Setbacks
The residence complies with all minimum yard setbacks for the NEHMU district. No physical
alternations are proposed for the existing building.
11. Lighting
No changes to lighting, and no additional lighting, are proposed as part of this application.
12. Provisions for utilities, including efficient public services and facilities
Per Engineering Condition #8, the water service to the building may require an upgrade to
accommodate the proposed use. The applicant shall coordinate water service sizing with the
Building Department and the Water and Sewer Superintendent. The water service shall be sized such that the maximum velocity in the line, as calculated by the fixture unit method defined in
the Uniform Plumbing Code, does not exceed 10 feet-per-second (City of Bozeman Design
Standards and Specifications Policy). The water service installation inside the building shall be
brought to the current standard if it doesn’t currently have a backflow preventer per City Water
Inspection Requirements. The backflow preventer provides protection of the public water supply.
Also, per Engineering Condition #9, 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. If not existing, the grease interceptor must be constructed.
13. Site surface drainage
No changes to the site surface drainage are proposed. The Engineering Division did not have any
concerns regarding drainage as part of this application.
14. Loading and unloading areas
Not applicable.
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15. Grading
No changes to the site grading are proposed as part of this application.
16. Signage
No specific signage is requested as part of this application. If a new sign is proposed in the future, the applicant will need to submit a sign permit to the Building Division.
17. Screening
No screening is specifically required with this application. There is existing mature landscaping
located on the boundaries of the property.
18. Overlay district provisions
The site is located within the Neighborhood Conservation Overlay District. No modifications to
the existing building are being proposed as part of this application; therefore, conservation
overlay district design guideline review is not required with this proposal.
19. Other related matters, including relevant comment from affected parties
As of the writing of this report, no public comment has been received in response to the noticing of the project. Any public comments received following this report will be forwarded to the City
Commission prior to the public hearing.
20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.
Not applicable.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
The applicant intends to apply for one building permit for both the catering kitchen and new
extended stay unit uses.
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:
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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 property is surrounded by commercial, mixed-use and residential land uses. The
proposed two-bedroom, extended stay use will not require any exterior change to the existing
building on the property. Staff finds the existing building to be adequate in size to
accommodate an extended stay use. This is supported by the fact that the existing building
has accommodated an extended stay unit over the past year with no complaints received. Additionally, yards, spaces, parking, loading and landscaping are adequate to properly relate
such use with the surrounding land uses.
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 doesn’t find the permanent establishment of an extended stay unit use will create an
adverse effect to the predominately residential abutting land uses. The two-bedroom
dwelling unit creates an insignificant parking demand when compared to the predominant
catering kitchen use in the building, and therefore Staff does not anticipate parking or traffic
congestion from the occupancy of the unit.
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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.
The CUP review criteria for the proposed use is reviewed in an effort to determine what may be
reasonable conditions for this specific application to assure this use can be operated
harmoniously within this neighborhood setting and that also addresses any public health, safety
and welfare concerns.
Recommended Condition #2 has been included to limit the number of overnight guests in the extending stay unit at any one time to 5 to limit the intensity of this commercial use on the property. This is a commercial use but it does not reach the intensity requiring building code
standards for hotels.
Recommended Condition #3 has been included to require that all outdoor activities cease by 10
p.m. so as not to impact adjacent residential properties due to noise.
Recommended Condition #4 indicates that no outdoor sleeping, campers or tents are permitted on the property at any time (again, to limit any potential impacts to adjacent properties and to
retain the general residential appearance of the property).
Recommended Conditions #6 and #7 are fairly standard notification protocols for vacation
rentals to assure that future renters have been notified of the rules governing their stay, acknowledged these rules, identified contact persons, and requires the posting of the rules within the unit. These conditions will help to assure that renters are aware of the CUP conditions and
their obligations to minimize negative impacts to the surrounding area.
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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. Item A of the stated code provisions 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 subject property is zoned “HMU” (Historic Mixed Use). The intent of the northeast historic mixed-use 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.
Adopted Growth Policy Designation:
The underlying land use designation for the property is “Industrial.” This classification provides
areas for the uses which support an urban environment such as manufacturing, warehousing, and
transportation hubs. In some circumstances, including the Northeast Historic Mixed Use zoning district area where the current property is located, 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 these mixed
uses to coexist in harmony.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The subject Conditional Use Permit (CUP) application is requesting the change in use of a
portion of the existing mixed-use building located at 708 North Rouse Avenue from
professional office to extended stay (vacation rental). The CUP is required because
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extended stay is a conditional use in the Northeast Historic Mixed Use (NEHMU) zoning
district.
Extended stay lodging is defined within the Bozeman Municipal Code (BMC) Section
38.42.1040 as “guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes for guests and contain kitchen
facilities for food preparation, including, but not limited to, such facilities as refrigerators,
stoves and ovens. Generally an individual guest will not exceed 30 days stay. This definition
includes dwelling units used, rented or hired out for vacation homes.”
This proposed use is reviewed against the CUP criteria of Section 38.19.110 BMC as addressed in Section 5 of this report. No exterior modifications to the existing building are proposed.
A separate CUP application was approved by the Bozeman City Commission for this property in
December 2013 for another extended stay unit within the same building. A new CUP must be
processed for this additional extended stay unit because it increases the size of the existing extended stay unit square footage by more than what can be permitted administratively (which is
20%).
A Modification and Certificate of Appropriateness application was approved in June 2015 by the
Planning Division for the change in use of a portion of the existing building from exercise facility use to food processing use with accessory retail and restaurant. Because this change has
already been approved by Planning, it is reflected on the CUP application drawings. The
applicant is intending to obtain all necessary building permits for the food processing use and
additional extending stay unit at the same time.
At their October 28, 2015 meeting, the Development Review Committee meeting voted
unanimously to recommend conditional approval of the CUP application with the conditions and
code provisions identified in this report.
No public comment has been received at the time of the writing of 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 and published twice in the Bozeman Daily Chronicle at least 15 and not more than 45 days prior to the expected
decision by the City Commission. The notice will be published in the Bozeman Daily Chronicle
on November 8 and 15, 2015. In addition, notice was posted on site and mailed to surrounding
property owners on November 6, 2015.
At this time, no public comment was received in regards to this project.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owners/Applicants: Ashley Nelson, 500 Beaver Creek, Gallatin Gateway, MT 59730
Representative: Mark Weirich, 416 West Koch Street, Bozeman, MT 59715
Report By: Allyson B. Brekke, Associate Planner
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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 Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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Mark Weirich Architect Narrative:
Un-Knotted Catering Building: Vacation Rental Area, CUP Request
October 1, 2015
Ashley Nelson, owner of the Un-Knotted Catering Building, 708 N. Rouse, is requesting a CUP to
extend the current CUP on the building which allows for a Vacation Rental Residence space on
the upper level. The CUP she is applying for would allow her to rent the existing Professional
Office space, on the main level, as Vacation Rental Residential space. This change would have
zero effect on the exterior of the building. The change, as I will explain later, will also require
two less parking spaces in the parking lot.
In response to CUP Criteria Checklist:
A. Response to the requirement that requires 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 property relate such use with the land and uses in the
vicinity:
First off, our intention is to use all of the site elements as they exist now. The paved
parking area is spacious, there is an existing fence that separates the East ‘yard’ from
the alley to the North. There is mature landscaping plantings that surround the building
and lot. Since we will eliminate the Professional Office square footage and replace it
with identical Vacation Rental square footage, I expect the Use impact on the lot to
decrease (currently 4-6 people come and go each day, with the new use 2-4 people will
come and go some days). The surrounding neighborhood is mixed use, some residential,
but there is also the Meat Shop and Audrey’s Pizza as well.
B. Response to the requirement that the proposed use will have not materials adverse effect upon
the abutting property. Persons objecting to the recommendations of review bodies carry the
burden of proof; and
There will be no changes to the exterior materials of the building. Visually, there will be
no change to the existing structure from the neighbor’s perspective.
C. Response to the requirement of any special conditions of approval necessary to protect the
public health, safety and general welfare
I do not know of any conditions, that would be created by the approval of this CUP, that
would have any effect on the Public’s health or general welfare.
We need to apply for this second CUP to the original CUP because the New Vacation Rental
Space will be more than 20% larger than the Existing Vacation Rental Space. The New V.R. will
be 58% larger than the Existing V.R. The Existing V.R. is 1804sqft. Changing the Professional
Office Space to Vacation Rental Space will add another 1038sqft for a total of 2842sqft V.R.
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Space. See AB1 & AB2 for existing floor plans and square footages. See A1.0 & A1.1 for new
floor plans and square footages.
All of the work to change from office space to residential space will be interior construction.
Egress windows already exist in the new proposed bedrooms. A shower will be added to the
existing bath and a kitchenette will be added. A lock-off door will also be added between the
existing upper V.R. and the new lower V.R.
In the CUP Submittal Package, I included the parking calculations for the entire building. The
parking requirements for the whole building, including: Catering Commercial Kitchen, Catering
Sales Area, Café, Professional Offices and Existing Vacation Rental are 24 spaces + 1
handicapped space. The existing parking lot contains 26 spaces + 1 handicapped space. So, as
the building sits now we are have 2 more parking spaces than required. The net change, by
approving our requested CUP, will be -2 parking spaces. If the CUP is approved and the
Professional Offices are changed to Vacation Rental Space, the parking requirement will be 22
spaces + 1 handicapped.
Thanks for your consideration,
Mark Weirich
76
77
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Mark Weirich Architect Parking Requirements:
Un-Knotted Catering Building: Vacation Rental Area, CUP Request
October 1, 2015
Comparison of existing conditions to new, requested CUP conditions:
Existing parking requirements for the area in question: Professional Office parking: 1 space for
every 250 sqft of office space. Professional Offices square footage: 1038 / 250 = 4 spaces.
If our CUP is approved: parking requirements for Residential spaces: 1 space per bedroom. We
are adding 2 bedrooms to the total Vacation Rental area. So, parking requirements for the CUP
will be 2. The net change if the CUP is approved will be negative 2… (4-2=2)
Please see the pages below for the parking requirements for the entire Un-Knotted Catering
Building, as approved by the City of Bozeman Planning Department, spring of 2015.
Thanks for your consideration,
Mark Weirich
80
Parking Comparison: New Un-Knotted Catering vs. Old 'The Club' Gym
Existing Conditions:
'The Club'Gym:
Main level public'gym' area = 3130 sqft
Upper level public'gym'area = 560 sqft
Total = 3690 sqft I 3OO= 12 parking spots
Existing Professional Offices:
Main level offices = 1023 sqft / 250 = 4 parking spots
Existing Residential Rental:
1 parking spot per bedroom. 1 existing bedroom = 1 parking spot
Total required parking for existing Gym conditions: 17 spots.
New, Proposed Conditions:
Proposed Restaurantl
Public serving area = 984 sqft / 50 = L9 parking spots
Catering retail space = 575 sqft / 3OO= 2 parking spots
Commercialkitchen = 985 sqft / LOAA = L parking spot
Existing Professiona I Offices:
Main level offices = 1023 sqft / 250 = 4 parking spots
Existing Residential Rental:
1 parking spot per bedroom. 1 existing bedroom = 1 parking spot
Total required parking for proposed Catering/Restaurant: 27 spots.
See the attached floor plans for calculation areas used.
81
Reductions:
Bozeman, Montana - Code of Ordinances:
Sec. 38.25.040. - Number of parking spaces required.
Residential uses.
Sec. 38.25.0a0.A.1-.a.(1): One parking space for each 24 uninterrupted linear feet of available street
frontage usable for on-street parking directly adjacent to a lot may be deducted from the total parking
spaces required for a development. The number of on-street spaces calculated shall not exceed the
number of dwellings on the lot. The width of drive accesses, designated nonparking areas, vision
triangles, and similar circumstances shall not be considered to be available for the purpose of on-street
parking space.
Sec. 38.25.040.A.1.b.(2): Residential uses in mixed-use projects. ln orderto utilize this section, the long
term availability of the nonresidential parking spaces upon which the use of this section was based shall
be ensured to the residents of the project. For the purpose of this section a building is considered
mixed-use if the nonresidential portion of the building is at least one-quarter of the gross square feet
not used for parking. Residences in mixed-use buildings may count on-street parking per subsection
1.a.(L) of this section even if the area is subject to occupancy time limits. The use of this section does
not preclude the use of other sections of this chapter which may have the effect of reducing the
required amount of parking. When calculating the amount of required parking for residential uses within
a mixed-use project the amount of parking may be reduced subject to Table 38.25.04A-2.
Sec. 38.25.040.A.1.b.(4): Transit availability. A residential development subject to site plan review may
take a ten percent reduction in required parking spaces where the development is within 800 feet of a
developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it
has a shelter installed which meets the standards of and is approved by the transit provider, and service
is provided on not less than an hourly schedule a minimum of five days per week.
There is an existing Streamline Blueline bus stop at Rouse & Cottonwood served hourly, five days a
week.
Total required parking for proposed CateringlRestaurantz 27 spots. - I Residential spot =
26 Spots
Total required parking for proposed Catering/Restaurant: 26 spots.
Nonresidential uses.
Sec. 38.25.040.A.2.c.(3): Transit availability. Required parking may be reduced by ten percent in
circumstances where the development is within 800 feet of a developed and serviced transit stop. For
the purpose of this subsection a transit stop is eligible when it has publicly available cover from weather
82
approved by the transit provider to be equivalent to a transit shelter, and service is provided on not less
than an hourly schedule a minimum of five days per week.
There is an existin$ Streamline Blueline bus stop at Rouse & Cottonwood served hourly, five days a
week.
Sec. 38.25.040.A.2.c.(6): Property owners have the option of requesting the reduction of up to ten
percent of the required parking spaces for nonresidential uses if:
a. ln addition to the minimum otherwise required by this chapter, two covered bicycle parking
spaces are provided for each automobile space not provided; and
b. For each ten or fraction of ten automobile parking stalls reduced a nonresidential shower,
changing area, and five clothing lockers are provided on-site.
The design provides for 1 women's, and 1 men's shower provided with 5 lockers each, requesting the
required parking be reduced by 1O%.
Total required parking for proposed Catering/Restaurant: 26 spaces.
(26 spots) xtW/o = 2.6 Spots - 2 spots. 25 spots - @ spots = 24 spaces
Total required parking for proposed Catering/Restaurant: 24 spaces, + l Accessible Space (Table
38.2s.040-5)
Within the existing paved/curbed parking lot there are26 vehicle parking stalls + 1 dedicated
handicap parking stall. As calculated above, the parking requirement for the proposed
building conditions will be 24 spaces + 1 dedicated handicap parking stall. Parking
requirements for the change of use are fulfilled.
83
84
85
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19"
22"
18"
EDGE OF PAVE
M
E
N
T
EDGE OF PAVEMENTTOP BACK OF CURB
DROP CURB
CONC. SIDEWALK
NEW COMMECIALKITCHEN
ROUSE AVENUE60
60 16
E COTTONWOODSTREET60 16FND. 5/8" IRW/YPC (RH CENTER)
LOTS 19-24, PLUS N 1/2VACATED COTTONWOOD STREET
29,340 Sq. Ft.0.6736 Acres LOTS 13-1
8
LOTS 1-6
SOUTH HALF OF VACATEDCOTTONWOOD STREET
NORTHERN HALF OF VACATED COTTONWOOD STREET
CONC
30.0030.00
10.118.0819.58 ALLEY
NEW CATERINGRETAIL SPACENEW RESTAURANTSEATING AREA
NEW KITCHENSTORAGE
EXISTINGBATHROOMS
EXISTINGOFFICESBIKE RACK ASHLEY, NELSONBOZEMAN, MONTANAU N - K N O T T E D C A T E R I N G416 WEST KOCH STREET, BOZEMAN, MT 59715406 . 586 . 7401 - 406 . 539 . 3212m a r k w e i r i c h a r c h i t e c t . c o m10/01/2015 C.U.P. VACATION RENTAL V A C A T I O N R E N T A LCONSTRUCTION DOCUMENTS
DRAWING INDEX
PROJECT TEAM
USE ZONE:
OCCUPANCY:
BUILDING TYPE:
ALLOWABLE AREA:
MAXIMUM HEIGHT:
MAXIMUM STORIES:
TOTAL AREA:
GENERAL PROJECT NOTES
PROJECT INFORMATION
5875 S.F.
M-1, R-2, A-2
TYPE V-B,
EXISTING
EXISTING
2 STORIES
UN-KNOTTED CATERING, TENNANT IMPROVEMENT
704 North Rouse Ave.
Bozeman, Montana
CVR
COVER SHEET
UN-KNOTTED CATERING
BOZEMAN, MT
1. DRAWINGS CONTAINED WITHIN THESE DOCUMENTS ARE ABBREVIATED IN NATURE. CONTRACTOR IS EXPECTED TO USE QUALITY, ACCEPTABLE
STANDARD CONSTRUCTION PRACTICES & TECHNIQUES.
2. ALL CONSTRUCTION SHALL CONFORM TO ALL APPLICABLE STANDARDS & REGULATIONS AS PRESCRIBED BY THE 2012 INTERNATIONAL BUILDING
CODE, N.F.P.A. 101, ALL APPLICABLE PLUMBING CODES, ALL APPLICABLE MECHANICAL CODES, ALL APPLICABLE ELECTRICAL CODES, AND THE
AMERICANS WITH DISABILITIES ACT.
3. MECHANICAL / PLUMBING / ELECTRICAL MODIFICATIONS SHALL BE DESIGNED AND INSTALLED BY CONTRACTOR TO BE CONSISTENT WITH THE
INTENT OF THE DRAWINGS AND SHALL BE IN ACCORDANCE WITH ALL APPLICABLE CODES.
4. CONTRACTOR RESPONSIBLE FOR DOCUMENTATION OF ACCURATE AS-BUILTS INFORMATION / DRAWINGS AT THE CONCLUSION OF THE PROJECT
FOR SUBMITTAL TO THE ARCHITECT AND OWNER.
5. DO NOT SCALE FROM DRAWINGS. IF A DIMENSION DOES NOT EXIST OR IS IN ERROR, CONTACT THE ARCHITECT IMMEDIATELY FOR WRITTEN
CLARIFICATION.
ADOPTED CODES:
2012 INTERNATIONAL BUILDING CODE (IBC)
2012 INTERNATIONAL RESIDENTIAL CODE (IRC)
2012 INTERNATIONAL EXISTING BUILDING CODE (IEBC)
2012 INTERNATIONAL MECHANICAL CODE (IMC)
2014 NATIONAL ELECTRIC CODE (NEC)
2012 UNIFORM PLUMBING CODE (UPC)
2012 INTERNATIONAL FUEL GAS CODE
2012 ENERGY CONSERVATION CODE
PUBLIC DINING (INCLUDES AIR-LOCK): 1488 S.F.
KITCHEN/STORAGE/SHIPPING RECEIVING: 1614 S.F.
SALES / OUTFITTER PICK-UP: 619 S.F.
BATHROOMS AND LOCKERS: 619 S.F.
CIRCULATION HALLWAYS: 192 S.F.
PROFESSIONAL OFFICES: 1343 S.F.
NEHMU (Northeast Historic Mixed Use District): M-1 (Light Manufacturing District),
R-2 (Residential Two-Household, Medium Density District).
VICINITY MAP
TOTAL LOT AREA:29,354 S.F.
90
7
4
6
8
BRASSFAUCETSTILLNESSK-942-4 K-2006KINGSTONC_LAVATORYVITREOUS CHINA
K-4915BARDONC_URINALSVITREOUS CHINA
BRASSFAUCETSTILLNESSK-942-4 K-2006KINGSTONC_LAVATORYVITREOUS CHINA
BRASSFAUCETSTILLNESSK-942-4K-2006KINGSTONC_LAVATORYVITREOUS CHINA
BRASSFAUCETSTILLNESSK-942-4
K-2006KINGSTONC_LAVATORYVITREOUS CHINA
BRASSFAUCETSTILLNESSK-942-4
K-2006KINGSTONC_LAVATORYVITREOUS CHINA
19"
22"
18"EDGE OF PAVEMENTEDGE OF PAVEMENT
TOP BACK OF CURB
DROP CURB
CONC. SIDEWALK
NEW COMMECIAL
KITCHEN
ROUSE AVENUE60
60 16E COTTONWOOD
STREET
6016FND. 5/8" IR
W/YPC (RH CENTER)
LOTS 19-24, PLUS N 1/2
VACATED COTTONWOOD STREET
29,340 Sq. Ft.
0.6736 Acres LOTS 13-18LOTS 1-6
SOUTH HALF OF VACATED
COTTONWOOD STREET
NORTHERN HALF OF VACATED COTTONWOOD STREET CONC30.0030.0010.118.0819.58
ALLEY
NEW CATERING
RETAIL SPACE
NEW RESTAURANT
SEATING AREA
NEW KITCHEN
STORAGE
EXISTING
BATHROOMS
EXISTING
OFFICES
FLOOR PLAN
C1.0
MAIN LEVEL ASHLEY, NELSONBOZEMAN, MONTANAU N - K N O T T E D C A T E R I N G416 WEST KOCH STREET, BOZEMAN, MT 59715406 . 586 . 7401 - 406 . 539 . 3212m a r k w e i r i c h a r c h i t e c t . c o m11/10/2015 C.U.P. VACATION RENTAL V A C A T I O N R E N T A L91
BRASSFAUCETSTILLNESSK-942-4
K-2006KINGSTONC_LAVATORYVITREOUS CHINAK-4915BARDONC_URINALSVITREOUS CHINA
BRASSFAUCETSTILLNESSK-942-4
K-2006KINGSTONC_LAVATORYVITREOUS CHINA
BRASSFAUCETSTILLNESSK-942-4
K-2006KINGSTONC_LAVATORYVITREOUS CHINA
BRASSFAUCETSTILLNESSK-942-4K-2006KINGSTONC_LAVATORYVITREOUS CHINA
BRASSFAUCETSTILLNESSK-942-4 K-2006KINGSTONC_LAVATORYVITREOUS CHINA
FLOOR PLANA1.0MAIN LEVELASHLEY, NELSON BOZEMAN, MONTANA
U N - K N O T T E D C A T E R I N G
416 WEST KOCH STREET, BOZEMAN, MT 59715
406 . 586 . 7401 - 406 . 539 . 3212
m a r k w e i r i c h a r c h i t e c t . c o m10/01/2015 C.U.P. VACATION RENTALV A C A T I O N R E N T A L92
BRASSFAUCETSTILLNESSK-942-4
K-2006KINGSTONC_LAVATORYVITREOUS CHINA
FLOOR PLANA1.1UPPER LEVELASHLEY, NELSON BOZEMAN, MONTANA
U N - K N O T T E D C A T E R I N G
416 WEST KOCH STREET, BOZEMAN, MT 59715
406 . 586 . 7401 - 406 . 539 . 3212
m a r k w e i r i c h a r c h i t e c t . c o m10/01/2015 C.U.P. VACATION RENTALV A C A T I O N R E N T A L93
FLOOR PLAN
AB1
MAIN LEVEL AS-BUILT ASHLEY, NELSONBOZEMAN, MONTANAU N - K N O T T E D C A T E R I N G416 WEST KOCH STREET, BOZEMAN, MT 59715406 . 586 . 7401 - 406 . 539 . 3212m a r k w e i r i c h a r c h i t e c t . c o m10/01/2015 C.U.P. VACATION RENTAL V A C A T I O N R E N T A L94
FLOOR PLAN
AB2
UPPER LEVEL ASHLEY, NELSONBOZEMAN, MONTANAU N - K N O T T E D C A T E R I N G416 WEST KOCH STREET, BOZEMAN, MT 59715406 . 586 . 7401 - 406 . 539 . 3212m a r k w e i r i c h a r c h i t e c t . c o m10/01/2015 C.U.P. VACATION RENTAL V A C A T I O N R E N T A L95