HomeMy WebLinkAboutA4. CUP Red TractorStaff Report 15508 Red Tractor Pizza On-Premises Consumption CUP Page 1 of 17
15508 Staff Report for the Red Tractor Pizza On-Premise Consumption of
Alcohol Conditional Use Permit
Date: City Commission Public Hearing December 14, 2015
Project Description: A Conditional Use Permit (CUP) application to allow the expansion
of the sales and on-premise consumption of alcohol in an existing restaurant.
Project Location: 1005 West Main Street. The property is zoned B-2, Community
Business District and is legally described as Lots 7-9, Block 4, Springbrook Addition
situated in the SW ¼ of the NE ¼ of Section 12, T2S, R5E, 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 15508 and move to approve the Red Tractor Pizza On-Premise
Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable
code provisions.”
Report Date: Thursday, December 3, 2015
Staff Contact: Mitch WerBell, Assistant Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There is a current violation with the Bozeman Municipal Code that is related to existing nonconforming signage on the site. The red tractor meets the UDC definition of a sign. The
size exceeds the height and square footage for allowable signage. Staff recommends that the
red tractor shall be removed from the site or relocated inside the building as Condition 6.
Please refer to the Plan Review Criteria found in Section 5, Staff Analysis.
Project Summary
A Conditional Use Permit (CUP) application was submitted to the Community Development
Department for the building located at 1005 West Main Street to allow an expansion to the
area where the sales and on-premise consumption of alcohol is allowed under CUP
application Z08061 that was approved by the City Commission in 2008. This is an existing building and the expansion of the restaurant use has been approved and is under construction. The sale of alcohol for on-premise consumption is a conditional use in the B-2, Community
Business District.
The expanded restaurant area was the previous location of a retail business. This application
proposes to expand the area of sales of alcohol for on-premise consumption into the new expanded restaurant area. A new CUP is required for a greater than 20 percent increase in serving area. Minor changes to the site are proposed to bring the nonconforming site further
into conformance with code requirements.
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No deviations or variances are requested with this application.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 9
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 5 - STAFF ANALYSIS......................................................................................... 11
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 11
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 14
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 ................................................................................................................. 17
ATTACHMENTS ................................................................................................................... 17
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SECTION 1 - MAP SERIES
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Existing Conditions
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Previously approved
outdoor serving area:
260 square feet
Previously approved
indoor seating area:
78 square feet
Proposed outdoor serving area:
241 square feet
Proposed indoor serving area:
1275 square feet
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
1. A copy of the State Revenue Department alcohol license for the establishment shall be
submitted to the Department of Community Development prior to the sale of alcoholic beverages.
2. 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. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.19.110.I and 38.34.160 based on substantial complaints from the public or from the Police Department regarding violations of the City of
Bozeman’s open alcohol container, minor in possession of alcohol, or any other
applicable law regarding consumption and/or procession of alcohol.
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. The applicant shall submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
6. The red tractor shall be removed from the site or relocated inside the building.
7. Pursuant to Section 40.02.750, BMC an inspection of the water service to determine whether the water service has backflow protection and if such protection installed is appropriate for the level of use for the facility. If the service has been found without
backflow protection or existing device does not provide adequate protection an adequate
protection system determined by the Water/Sewer Superintendent shall be installed prior
to final plan approval.
8. If not already existing, 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.
9. Any existing sidewalk panels that are damaged and adjacent to the property must be replaced.
10. All construction activities shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee at any time during
construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified.
11. The parking lot wheel stops shall be aligned with the angled parking stalls and adequately
secured to eliminate potential parking conflicts with pedestrians on the adjacent sidewalk.
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
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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. This is a required final step in the CUP process. The City
will provide you with the document to record.
B. Section 38.26.050.E BMC requires one large canopy tree for each 50 feet of total street frontage. The final plan shall provide the required number of street trees acceptable for
planting under utility lines as noted in the City of Bozeman Street Tree Guide. Based upon the project’s street frontage one tree shall be planted on West Main Street and
two trees on North 10th Avenue.
C. Section 38.26.070 BMC requires installation and subsequent maintenance of street trees within the public right-of-way boulevard strips adjacent to private property, and, providing for irrigation, in compliance with Section 38.26.050.E.1. Final plan shall
indicate irrigation plan.
D. Section 38.25.030.4 BMC requires ADA accessible parking spaces and for each required
disabled space there shall also be accompanied by a sign stating, “Permit Required $100.00 Fine”. Provide two ADA accessible spaces. The first ADA accessible stall shall have an aisle eight feet wide and shall be signed “van accessible”.
E. Section 38.25.040.A.5 BMC requires bicycle parking for the project and establishes the
requirements for said bicycle parking. Bicycle racks have not been shown on the plans in
compliance with this section. Bicycle parking shall be provided.
F. Section 38.25.040.A.5.a. BMC requires a bike rack detail shall be provided with the final plan in conformance with the City’s Transportation Plan. Provide a detail of the bike
rack that complies with the approved bike rack types.
G. Section 38.21.050.F BMC requires all mechanical equipment to be screened. Rooftop
equipment shall be incorporated into the roof form or screened in an enclosure and ground mounted equipment shall be screened with walls, fencing or plant materials. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.
H. Section 38.23.170.A BMC requires storage of garbage, refuse, and other waste materials
to be provided for every use and the location shall be shown on site plans. Provide the correct alley location of the refuse container on the site plan.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: 15508 Red Tractor Pizza Expansion On-Premises CUP
The Development Review Committee (DRC) considered the Conditional Use Permit application
to allow a greater than 20% expansion to the serving area approved under CUP Z08061 for the
sales of alcohol for on-premise consumption in the building addressed as 1005 West Main Street. The DRC recommended conditional approval at their November 25, 2015 meeting.
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The City Commission is scheduled to hold a public hearing and review the application at their
December 14, 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 Future Land Use designation is “Community Commercial Mixed Use” in the Bozeman
Community Plan. No conflicts with the goals and objectives of the Bozeman Community
Plan have been identified. This use is permitted within the B-2, Community Business District
with the approval of a CUP.
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 project is generally conforming to the standards as presented and will comply fully with
identified conditions and code requirements. See also Section 3 of this report above for a
listing of specific points which need to be addressed to achieve further compliance.
The primary current violation that remains is a monument sign (red tractor) that exceeds the sign area and height requirements outlined in the BMC. A courtesy notice was sent from the
Development Review Manager to the applicant and property owners on February 10, 2014
concerning the red tractor. The applicant was informed that the tractor is considered signage
pursuant to the BMC and that a revised Sign with a Certificate of Appropriateness (COA) application would be required to demonstrate that the tractor would not exceed the allowable size and amount for a sign and for the allowable signage for the building and tenant space.
No sign permit COA was submitted for the red tractor signage. The red tractor is currently
located on site and its removal from the site or relocation inside the building is recommended
as Condition 6 in Section 2 of this report.
3. Conformance with all other applicable laws, ordinances, and regulations
The plans were evaluated against the requirements of the International Building Code at the
time application was made for a building permit for the interior changes associated with the
change in use. Conditions of approval address coordination with other regulating agencies.
As of the writing of this report, the Bozeman Police Department has no issues of significance with the property.
4. Relationship of site plan elements to conditions both on and off the property
Site plan elements depicted on the submitted plans appear to be reasonably related to
adjacent and on-site conditions. The use is compatible with and sensitive to the immediate
environment of the site and the adjacent neighborhoods and other approved development relative to access, parking, circulation, and accessibility. The code provisions outlined in this staff report will bring the property into further conformance with the BMC and will
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complement the improvements made on adjacent sites and continue the fabric of boulevard
landscaping.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The expansion of serving area creates additional parking demand for the building. Parking is
being provided in accordance with the code. There are 10 parking spaces directly adjacent to
the building and an additional 18 offsite parking spaces that are leased from Lot 2A, Block 3
of the Springbrook Addition, commonly known as, Ashley Furniture, 901 West Main Street.
An updated traffic analysis was not required by the Engineering Division for this project due to the nature of the proposed uses.
6. Pedestrian and vehicular ingress and egress
The proposal is to use an existing access location that was previously permitted by the
Montana Department of Transportation for the site from West Main Street. Secondary
vehicular access from the north is provided via an alley accessed off of North 10th Avenue. Pedestrian access is provided from the street frontage pedestrian sidewalks on West Main Street into the site in multiple places. Some sidewalk panels adjacent to the site are cracked
and present a trip hazard. This item is addressed under recommended Condition 9. Internal
pedestrian connections are provided via crosswalks across the drive circulation. The
additional 18 parking spaces allocated with the offsite parking agreement have reasonable direct pedestrian and vehicular access to the site meeting the standards of Section 38.25.060.A.2, BMC.
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 site does not include the required street trees and irrigated boulevard. These items are addressed as Code Requirement B and Code Requirement C in Section 3 and requires that
street trees and boulevard irrigation be indicated on a final plan and that the improvements be
installed or guaranteed prior to the sale of alcohol in the expanded area.
8. Open space
Not applicable. No residential uses are proposed with the application.
9. Building location and height
Not applicable. No changes proposed to the existing building.
10. Setbacks
Not applicable. No new construction or changes to the site impact setback requirements.
11. Lighting
Staff has cited a code provision that applies to this criterion. Outdoor lighting shall conform
to code and be shielded so that direct light emitted above the horizontal plane is eliminated.
12. Provisions for utilities, including efficient public services and facilities
The Water/Sewer Superintendent is requiring documentation or an inspection of the 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
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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, see Condition 7.
13. Site surface drainage
Not applicable. No changes to site are proposed that will impact existing drainage to
perimeter streets.
14. Loading and unloading areas
Not applicable. No specific loading area proposed.
15. Grading
Not applicable. No change to the existing site.
16. Signage
Staff recommends Condition 6 that is related to existing nonconforming signage on the site.
The red tractor meets the UDC definition of a sign. The size exceeds the height and square footage for allowable signage. Condition 6 requires that the red tractor shall be removed from the site or relocated inside the building.
The applicant is aware of the requirement of a sign permit when any new signage is proposed
for the building.
17. Screening
The site includes a rooftop mechanical unit that is not screened. This item is addressed under the Code Requirement G in Section 3; the existing rooftop mechanical equipment must be
screened per the municipal code and shown with final plan materials.
18. Overlay district provisions
The property is located in the West Main Street, Class 2 Entryway Corridor Overlay District, but no changes requiring a Certificate of Appropriateness are proposed within this CUP application. No changes to the building are proposed beyond those already permitted to
accommodate the restaurant.
19. Other related matters, including relevant comment from affected parties
No public comment was received in regards to this project as of the writing of this report. 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.
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21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
Not applicable.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity;
The modifications to the interior of the building to accommodate the restaurant uses
including the seating areas has been approved. While the exsiting parking area is
nonconforming to setbacks, it meets other dimensional code requirements. Pedestrian
connections are provided to the site.
A condition of approval requires a copy of the State Revenue Department alcohol license.
State rules require all outside seating area to be properly fenced to limit ingress and egress to
the seating area.
The subject property is bounded by an alley on the north, two parking lots to the east and
west, and West Main Street to the south.
The proposed outside seating area is located in the same location as the previously approved
seating area and is limited to 241 square feet as shown on the site plan.
Therefore, Staff finds the site adequate in size and topography to accommodate a 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 the application complies with the Unified Development Code. Specifically, staff
included Condition 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.
There are adequate parking facilities, circulation, municipal services, and there are ongoing
general improvements being made to the property. Please see the City of Bozeman on-premise alcohol license map in this report. As of the writing of this report, Bozeman Police
Department has no issues of significance with the property.
Staff finds the expansion of sales and on-premise consumption of alcohol will have no
material adverse effect upon abutting properties.
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3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate
bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an orderly
and efficient manner.
Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the
recommended conditions of approval and findings within this report. Several of these are
standard conditions of approval that the City has consistently applied to alcohol serving
establishments and conditional use permits.
F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit procedure;
and
2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final plan. A document to be recorded will be
provided by the City following preliminary approval.
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned as B-2, Community
Business District. The intent of the B-2 community business district is “to provide for a broad
range of mutually supportive retail and service functions located in clustered areas bordered on
one or more sides by limited access arterial streets.”
Adopted Growth Policy Designation: Community Commercial Mixed Use: Activities within this land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an urban
character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons
without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 10-15 acre size range
and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
A Conditional Use Permit (CUP) application was submitted to the Community Development
Department for the proposed expansion of sales of alcohol for on-premise consumption, which is a conditional use in the B-2, Community Business zoning district. The subject property is located
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on the northwest corner of the intersection of West Main Street and North 10th Avenue,
Application 15508.
A CUP currently exists for the tenant space at 1007 West Main Street, location of the tenant, Red
Tractor Pizza. A building permit has been issued for interior modifications to the adjacent tenant space at 1005 West Main and work is ongoing. The applicant was advised that a sign must be
installed stating no alcohol allowed beyond the existing space prior to approval of a CUP for the
expanded service area. The serving area will be increasing greater than 20 percent, which
requires a new CUP for that tenant space at 1005 West Main. The sale of alcohol for on-premise
consumption is a conditional use in all zoning districts. Minor changes to the site are proposed to bring the nonconforming site more into conformance with code requirements.
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 November 29 & December 7, 2015. Notice was posted on site on November 25, 2015.
One letter of public comment was received in regards to this project, expressing concern about
parking and proximity to schools. If additional public comment is received prior to the City
Commission public hearing, it will be forwarded to the City Commission members.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owners: Ken and Karen Matthiesen, PO Box 325, Plains, MT 59859
Applicant: Tiffany Lach, Farmstead Pizza, LLC, 1007 W. Main Street, Bozeman, MT 59718
Representative: Kira Ogle, Legends Studio, 3805 Valley Commons Dr., Suite 11, Bozeman,
MT 59718
Report By: Mitch WerBell, Assistant 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
Public Comment Letter
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Community Commercial Mixed Use
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CONDITIONAL USE PERMIT CHECKLIST
1a. Red Tractor Pizza is currently located in the west half of the building
located at 1007 West Main Street. The business provides a “higher level of
quality” pizza and currently holds a beer and wine license for their business
that was granted to them through the CUP process by the City Commission of
Bozeman.
Until recently, a retail clothing establishment was located in the east
half of the same building. When the retail clothing store did not renew their
lease, Farmstead Pizza, LLC determined that they could expand into the
vacated space in order to support the growing demand on their pizza
business. They currently reside in approximately 2800 square feet with the
space that they are proposing to occupy approximately 2175 square feet.
The site itself is a flat site with no discernible topography and is fully
paved with the exception of the boulevards along 10th Avenue and along
Main Street. Access to the site is provided at an existing driveway on Main
Street and an additional vehicular access at the public alleyway on the north
side of the property on 10th Ave. There are existing street trees in good
condition that will remain undisturbed and will not be affected by the
changes in use to the property. The boulevards are sodded grass.
Currently, there is diagonal parking on the east side of the building
that for years has been the only parking available to the occupants, but when
Red Tractor Pizza moved into their current location, they leased additional
parking spaces across the street to accommodate the increased parking
demand for their building. (See Parking Lease Agreement). The necessary
handicap parking is provided at the south end of the diagonal parking on the
site for easy access to the building entry. To the North of the building is a
public alleyway where 2 additional parallel parking spaces are proposed
adjacent to the building without any interruption to utility access or utility
services. The west side of the building is actually on the property line and is
adjacent to the existing Wendy’s establishment. At this time, Wendy’s is
using that space for drive through driveway and some Wendy’s parking that
abuts the property line. At the south end of the building, which is the front
entry to the building, Red Tractor has made tenant improvements to the
sidewalk system and the front yard by installing a small outdoor sitting area
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with temporary sail shade canopies providing shade but also a pedestrian
scale street presence at the public walkway that is adjacent to Main street.
There is a physical separation of the sitting area from the public sidewalk by
means of a metal fabricated half wall fence which provides good visual
connectivity to the street as well as from the street to the entry of the
building. The new proposed outdoor seating area will be completely fenced
as required by the beer and wine permit, with the only public access through
a swinging gate located near the entry of the building.
1b. As indicated above, the building is located on the property line at the
west side of the site and is adjacent to the Wendy’s restaurant establishment.
Access and parking for Red Tractor Pizza is from the east, so no foreseeable
adverse affects are anticipated between these two businesses.
To the north, the public alleyway acts as the delineator that separates the
existing office building on the north side of the alley from Red Tractor Pizza
on the south side of the alley. With the historic adjacency of the retail/food
service building (Red Tractor/Catwalk) from the office building to the north,
there were no known impacts caused by the adjacency in the past, so there is
no anticipated adverse affect on this adjacent property caused by the change
of use of the east half of the building from retail to dining.
To the east, across 10th Avenue, the remodeled/reused old Safeway store
with it’s large parking lot being adjacent to the Red Tractor Pizza, there
should be no foreseeable reciprocal negative impacts.
1c. In light of the fact that a Conditional Use Permit has been granted by the
City of Bozeman for the sale of beer and wine at the current Red Tractor
Pizza location, the simple expansion of the dining area into the vacated
adjacent space should have no adverse impact on any of the adjacent
businesses or interfere with the pedestrian public on Main Street.
The vehicular access and parking requirements for this expansion
have been met, public and emergency access to the site has been proven
with 4 possible means of access and egress, 2 through the Wendy’s
Restaurant parking area, one from main street and one from 10th Avenue at
the public alley way. Additionally, full public and emergency access to all
four sides of the building has been proven and approved, access and
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containment of outdoor seating meets the requirements of the beer and
wine license but additionally, providing additional space in a growing main
street restaurant at street level with street and pedestrian scale connectivity
serves to enhance the main street experience for all of the residents of
Bozeman. So at this time, no special conditions of approval are deemed
necessary.
2. Location map is provided.
3. Site plans is provided.
4. Floor plans are provided indicating each enclosed and open space within
the existing and proposed new dining area. Areas in square feet and space
occupancies are shown.
5. Floor plans indicate all spaces and are labeled with area included.
Attached legend further defines total area calculations.
6. Parking is shown on the site plan and the actual calculations ascertaining
how parking count was determined are shown on the plans.
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