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HomeMy WebLinkAboutA1. Union Market Permit Page 1 of 26 15532 Staff Report for the Union Market Conditional Use Permit & Certificate of Appropriateness Date: City Commission Public Hearing February 1, 2016 Project Description: The Union Market Conditional Use Permit and Certificate of Appropriateness application to allow the adaptive reuse of an existing building for on-premise consumption of alcohol. Project Location: 326 East Mendenhall Street and is legally described as Bozeman Original Plat, S07, T02 S, R06 E, Block D, N 70', Lots 20&21 Less 2'x26' Strip Along with Line Lot 21, City of Bozeman, Gallatin County, Montana. The property is located within the B-3 (Central Business) District. Recommendation: Approval with conditions Recommended Motion: Having reviewed and considered the application materials, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application 15532 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Report Date: Wednesday, January 27, 2016 Staff Contact: Brian Krueger, Development Review Manager Shawn Kohtz, Development Review Engineer Agenda Item Type: Action (Quasi Judicial) EXECUTIVE SUMMARY Unresolved Issues In May 2015, the City Commission updated the Conservation Overlay Design Guidelines as they apply to the B-3 District with a new subchapter of Chapter 4: Guidelines for Commercial Character Areas. This chapter contains guidelines for new commercial, residential and mixed use development located within B-3 zoned areas outside of the defined Main Street Historic District. Administrative Design Review (ADR) staff finds the development proposal in conformance to specific guidelines, except for building materials, within the 2006 Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay. No additional or special conditions of approval are proposed at this time. Specific findings and detailed discussion are in Section 5, Neighborhood Conservation Overlay District Review Criteria. Project Summary A Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) application is to allow the adaptive reuse of the Service Electric commercial building for on premise serving of alcohol through a standard beer and wine license issued by the State of Montana. The property is located on the southwest corner of North Rouse Avenue and East Mendenhall 49 15532, Staff Report for the Union Market CUP/COA Page 2 of 26 Street and across the street from Bozeman Fire Department. The CUP is required in all zoning districts for on premise serving of alcohol. No expansion of the building foot print is contemplated. Additional outdoor seating is proposed as shown on the site plan. Exterior modifications to the building include window and door replacement, façade improvements and other design elements shown on the building plans. The signage shown on the elevation drawings and renderings is for informational purposes only and is not being approved as a part of this CUP/COA process. No additional parking is required for this project. Through the adjustments provided in Section 38.25.040, BMC the parking space requirements are met. Adjustments include the exemption of the first 3,000 square feet of commercial floor area, reduction of required parking for certain commercial activities within the B-3 district, and the existing parking spaces dedicated to the subject property through SID No. 565. No Public comment has been received for this application. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable CUP and COA criteria contained within the staff report; 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. 50 15532, Staff Report for the Union Market CUP/COA Page 3 of 26 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1- MAP SERIES ..................................................................................................... 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 13 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 14 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 15 SECTION 5 - STAFF ANALYSIS......................................................................................... 15 Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 15 Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 19 Standards for Certificates of Appropriateness, Section 38.16.050, BMC ........................ 21 Neighborhood Conservation Overlay District Review Criteria ........................................ 21 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 24 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 25 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 25 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 25 FISCAL EFFECTS ................................................................................................................. 25 ATTACHMENTS ................................................................................................................... 26 51 15532, Staff Report for the Union Market CUP/COA Page 4 of 26 SECTION 1- MAP SERIES 52 15532, Staff Report for the Union Market CUP/COA Page 5 of 26 53 15532, Staff Report for the Union Market CUP/COA Page 6 of 26 54 Page 7 of 26 55 15532, Staff Report for the Union Market CUP/COA Page 8 of 26 56 15532, Staff Report for the Union Market CUP/COA Page 9 of 26 57 15532, Staff Report for the Union Market CUP/COA Page 10 of 26 58 15532, Staff Report for the Union Market CUP/COA Page 11 of 26 59 15532, Staff Report for the Union Market CUP/COA Page 12 of 26 60 Page 13 of 26 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. Recommended Conditions of Approval: 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 of Community Development prior to the sale of alcoholic beverages. 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. All exterior windows shall be transparent to promote the goals and objectives of the Neighborhood Conservation Overlay District. 6. Signage on the smoker visible from the public rights of way is prohibited. 7. 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. 8. If not already existing, a backflow prevention device must be added near the water meter inside the building per the City’s Water Inspection Requirements for services. 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. 10. An access easement or agreement for the proposed location of the grease interceptor and trash enclosure shall be filed with the County Clerk, and a copy of the executed easement or agreement shall be provided as a condition of final plan approval. 11. As the applicant is aware, Montana Department of Transportation (MDT) is planning upgrades to Rouse Avenue. The applicant must coordinate the proposed improvements with MDT to avoid potential conflicts. 12. The applicant must provide approval from MDT for the right-of-way encroachment by the building. 13. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with Section 38.39.020.A.1 of 61 15532, Staff Report for the Union Market CUP/COA Page 14 of 26 the Bozeman Municipal Code (BMC). This shall be submitted as part of the final site plan for site developments. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 14. All construction activities shall comply with Section 38.39.020.A.2 of the BMC. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the 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. 15. Pedestrian safety shall be ensured using pedestrian traffic control during any construction activities that encroach on the adjacent sidewalk. 16. Although not a requirement, since the impervious area of the site is not being altered, the applicant is strongly encouraged to provide stormwater detention, retention, and/or filtration of runoff water from the site as stormwater from this site discharges directly to Bozeman Creek. For example, judicial use of permeable pavers in parking spaces along the western boundary of the existing parking lot may provide substantial filtration of oils and other contaminants prior to runoff into the adjacent creek. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS A. A bike rack detail shall be provided with the final site plan in conformance with the City’s Transportation Plan as required in Section 38.25.040.A.5.a. BMC. While a bike rack location is shown to be provided, a detail of the bike rack must be provided on the final plan to demonstrate that it complies with the approved bike rack types. CONDITIONAL USE PERMIT PROVISIONS OF THE BOZEMAN MUNICIPAL CODE 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 shall apply and be adhered to by the owner of the land, successor or assigns b. 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; 62 15532, Staff Report for the Union Market CUP/COA Page 15 of 26 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. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Union Market CUP/COA File: 15532 The Development Review Committee (DRC) considered the conditional use permit application on December 30, 2015, January 6 & 13, 2016 and completed the review with a recommendation of conditional approval on January 13, 2016. The City Commission is scheduled to hold a public hearing and review the application at their February 1, 2016 meeting. SECTION 5 - STAFF ANALYSIS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. Applicable Plan Review Criteria, Section 38.19.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy The development proposal is in conformance with the Bozeman Community Plan, including the Community Commercial Mixed Use land use classification identified for this property in the City’s adopted Growth Policy. A broad range of functions can be found within this land use classification, including retail, education, professional and personal service. See also Appendix A. 63 15532, Staff Report for the Union Market CUP/COA Page 16 of 26 2. Conformance to this chapter, including the cessation of any current violations There are no current violations existing on the subject property. Historically, the building housed an independent service station and most recently Service Electric, a general commercial use with retail sales. The building is currently vacant. 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. Some additional steps are required such as application for final plan and building permit which will be addressed as appropriate in the future. The plans will be further evaluated against the requirements of the International Building Code at the time application is made for a building permit. Condition No. 1 requires full compliance with all applicable code requirements. Condition of Approval No. 12 requires the applicant to provide confirmation of Montana Department of Transportation’s approval of the building encroachment, which is a requirement of MDT. The applicant has made application with the Montana Department of Revenue for a transfer of ownership and location for one Montana Retail on Premise Consumption Beer and Wine License. Pursuant to Section 38.04.020, BMC license exceptions states that, “The limitations set forth in MCA 16-3-306(1) do not apply to restaurants holding a "restaurant beer and wine license" also known as a "cabaret beer and wine license" nor to those owning a "catering endorsement" as those terms are defined in the Montana Alcoholic Beverage Code. However, nothing in this article shall be construed to allow the business license to be unilaterally approved and all must apply for and receive a conditional use permit as set forth in chapter 38 of this Code.” 4. Relationship of site plan elements to conditions both on and off the property The plan repurposes an existing vacant building, makes exterior modifications, and revitalizes this corner of the City. The proposed site plan application is supportive of the conditions on and off the property. No additional parking is required. Pedestrian circulation is in place and will be improved through architecturally highlighting building entrances and by adding another building entrance from the adjacent parking lot for employees. The applicant is providing a trash enclosure and grease interceptor as required by the latest adopted edition of the Uniform Plumbing code since the project is performing food preparation (as required by Condition No. 9). Since the trash enclosure and grease interceptor are located on the adjacent property, an easement or agreement is required to be in place in with the operation of the Union Market business as required by the BMC (Condition No. 10). 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The subject property is on the southwest corner of East Mendenhall Street and North Rouse Avenue. These routes are designated as a Minor Arterial and Principal Arterial respectively according to the Greater Bozeman Area Transportation Plan and are constructed. North Rouse Avenue is scheduled to be improved through Montana Department of Transpiration in the near future. The applicant was notified of MDT’s planned upgrades to Rouse Avenue and Condition No 11 requires the application to coordinate with MDT to avoid potential 64 15532, Staff Report for the Union Market CUP/COA Page 17 of 26 conflicts. This requirement is to help prevent the proposed site plan from conflicting with future plans for Rouse Avenue. The site is connected by existing sidewalk in all directions. No additional parking is required for this project. To implement the city's adopted growth policy, adjustment of parking requirements within certain areas of the city is desired. Through the adjustments to minimum requirements provided in Section 38.25.040, BMC, the parking space requirements are met. Adjustments include the exemption of the first 3,000 square feet of commercial floor area, reduction of required parking for certain commercial activities within the B-3 district, and the existing parking spaces dedicated to the subject property through SID No. 565. The serving area for the Union Market is less than 3,000 square feet and located within the B-3; therefore, no parking is required. 6. Pedestrian and vehicular ingress and egress The property is well integrated into the pedestrian, bicycle, and vehicular transportation system of Bozeman’s downtown. An outdoor seating area is proposed to be defined by a 3.5 foot tall fence with gates. There is no parking or vehicular traffic located on the subject property. A parking agreement is in place for five parking spaces on the adjacent 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 The subject property is 100 percent covered with impervious surfaces. Boulevard trees are required to be installed pursuant to City code. No additional landscape improvements are triggered with this application. The applicant is providing planters along the outdoor seating fence to give some landscaping to the mostly concrete corner. 8. Open space This is a commercial site plan development. No residential development is proposed, therefore, no open space is required or proposed. 9. Building location and height No modification to the existing building foot print is proposed. The addition of the screen walls and HVAC equipment does not exceed allowable building heights in the B-3 District. 10. Setbacks The existing building was constructed around 1941 prior to current zoning requirements. Pursuant to Section 38.10.050.B, BMC, no minimum yards prescribed for the B-3 district except a seven-foot front yard shall be required on Mendenhall and Rouse. The existing building currently meets setbacks. No modification to the existing building foot print is proposed. The extension of all screen walls are compliant with setback requirements. 11. Lighting Exterior lighting is proposed. Proposed exterior lighting meets all lighting requirements as outlined in Section 38.23.150 BMC. 12. Provisions for utilities, including efficient public services and facilities The site is fully served by public and private utilities. In addition, if not already existing, a backflow preventer must be added near the water meter inside the building per the City’s Water Inspection Requirements for services (Condition 8). 65 15532, Staff Report for the Union Market CUP/COA Page 18 of 26 13. Site surface drainage There are no proposed changes to the site surface drainage or stormwater control. Stormwater enters the existing storm water system on the adjacent streets. No additional impervious area is being proposed. Condition No. 16 is a suggested condition that encourages the applicant to provide additional stormwater detention, retention, and/or filtration of runoff water. 14. Loading and unloading areas There are no formal loading or unloading areas required for the proposed use. Delivery access to the building will be provided by the perimeter streets. 15. Grading No surface grading is required for the proposed improvements. All perimeter streets are currently installed. 16. Signage No specific signage was detailed or requested as part of this CUP application. All new signage shall require a sign permit. 17. Screening All dumpsters require a trash enclosure with the location subject to review and approval by the City Sanitation Division. The code requires all mechanical equipment locations and screening methods to be shown on the final plans and buildings elevations, and that they be properly screened with physical/opaque screening and/or be integrated into the building. 18. Overlay district provisions The site is located in the Conservation Overlay District. Analysis of these issues is presented below. 19. Other related matters, including relevant comment from affected parties As of the writing of this report, no written comment has been received in response to the noticing of the project. If public comment is received, it will be forwarded to the City Commission. 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 While the project is located on one lot, the use of off-site infrastructure is required for the trash enclosure, grease interceptor, and additional parking as provided on the adjacent property. Condition No. 10 requires an access easement or agreement for the use of this off-site infrastructure to run with the Union Market business at this location. 66 15532, Staff Report for the Union Market CUP/COA Page 19 of 26 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 38.19.100, BMC E. In addition to the review criteria of Section 38.19.100, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The site is adequate in size and topography to accommodate the proposed use. Originally used as a service station then became service electric shop and now is proposed for sales of on premise consumption of alcohol. No additional parking is required; all activities are supported either inside or adjacent of the existing building. Required fencing is shown on the site plan as required by State liquor licensing requirements. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; Staff has not identified any hazards to the public health and safety and finds that the application generally complies with the Unified Development Code as conditioned. Following review of the proposed application with the inclusion of the recommended conditions and correction of the identified code provisions, staff finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise. The subject property and all surrounding properties are within the B-3 District. See also the current zoning map in Section 1 of this report. Section 16-3-306, Mont. Code Ann. Subsection (4) states that a retail license may not be issued pursuant to this code to any business or enterprise whose premises are within 600 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. The primary entrance to the subject property is approximately 100 feet from the school property. Other establishments in proximity to the proposed Union Market that serve beer, wine and/or liquor are as follows:  75 feet from the proposed Taproom  264 feet from Café Fresco  125 feet from Colonel Blacks  230 feet from Zebra Cocktail Lounge As noted under Site Plan Criterion No. 3 above the project is subject to Section 38.04.020, BMC license exceptions states that, “The limitations set forth in MCA 16-3-306(1) do not apply to restaurants holding a "restaurant beer and wine license" also known as a "cabaret 67 15532, Staff Report for the Union Market CUP/COA Page 20 of 26 beer and wine license" nor to those owning a "catering endorsement" as those terms are defined in the Montana Alcoholic Beverage Code. However, nothing in this article shall be construed to allow the business license to be unilaterally approved and all must apply for and receive a conditional use permit as set forth in chapter 38 of this Code.” The proposed use meets the criteria set forth in the BMC and therefore is not subject to the distance separation requirement. 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 DRC has not identified or recommend any specific conditions necessary at this time to address any of the above public health, safety or welfare issues. 68 15532, Staff Report for the Union Market CUP/COA Page 21 of 26 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 site plan. Standards for Certificates of Appropriateness, Section 38.16.050, BMC Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness approval for proposed projects. Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The site is located within the Conservation Overlay District. Administrative Design Review staff has reviewed the proposal for conformance with the Bozeman Design Guidelines for the Neighborhood Conservation Overlay District and finds the proposal in general conformance with the Bozeman Design Guidelines for Neighborhood Conservation Overlay District. Neighborhood Conservation Overlay District Review Criteria Applicable Design Review Guidelines, Section 38.16.010 BMC The property under consideration is located within the boundary of the Neighborhood Conservation Overlay District. The site is not within a historic district. Administrative Design Review staff has reviewed the submitted application against the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District (Design Guidelines) January 17, 2006 and amended May 18, 2015, and finds the plan in general compliance with the following exceptions: Section 38.16.010 BMC – Intent and purpose C. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the 69 15532, Staff Report for the Union Market CUP/COA Page 22 of 26 proposed property improvements in accordance with article 40 of this chapter. In addition, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this article, in accordance with article 35 of this chapter. The proposed design contributes to the aesthetic character and function of the existing development patterns in form, however there is a concern with the material palette. Materials which are durable and longer lasting are preferred. The proposed materials wouldn’t match the character along Mendenhall, but is reasonably well positioned with its immediate adjacent properties. Introduction (pages 1-18) Part II: Design Review System All proposed new construction and alterations to structures and sites within the area are subject to design review by the City of Bozeman Department of Community Development and are subject to standards set forth in the City of Bozeman Unified Development Code in addition to the Design Guidelines. The Montana Historical and Architectural Inventory form classifies the existing building on this property as a non-historic building. The original construction is dated 1941, but the original design and materials were subsequently altered. The existing building on site retains the basic form of the original building. The proposed design shows decorative façade changes with some minor changes to building access. The renovation/reuse project includes the construction of an operable screened wall facing Rouse. A new canopy is shown over the entrance and there is a detail showing a rail that delineates the outdoor eating space from the sidewalk/public space. The Design Guidelines recommend review of the site context, the immediately adjacent properties and also the surrounding character of the project site. D. Which guidelines apply? The existing building on site is classified as non-historic and the site is not located within a recognized historic district. As such, the project is subject to review under the plan review chapter and the standards outlined in Section 38.16.050, Certificate of Appropriateness. Therefore, the following criteria apply and the project will be reviewed under the following Chapters in the Design Guidelines - Introduction, Chapter 2: Design Guidelines for all Properties, Chapter 4: Guidelines for Commercial Character Areas, and the Appendix. Chapter 2 Design Guidelines for all Properties (pages 43-54) B. Street Patterns “Respect historic settlement patterns.” • Site a new building such that it is arranged on its site in a way similar to historic buildings in the area. This includes consideration of building setbacks and open space.” D. Streetscape 70 15532, Staff Report for the Union Market CUP/COA Page 23 of 26 Existing street trees need to be preserved. F. Building Form “A similarity of building forms also contributes to a sense of visual continuity. In order to maintain this sense of visual continuity, a new building should have basic roof and building forms that are similar to those seen traditionally. Overall facade proportions also should be in harmony with the context.” The proposed changes to the form consist, for the most part, of solid blocks. The form is acceptable by the Guidelines, but again the materials chosen are in question and perhaps could mediate the visual cacophony through distilling and simplifying. G. Solid to Void Ratio Commercial buildings within the NCOD generally have a pattern associated with a solid to void ratio. In the proposed design, the window placement is fitting with the Guidelines. H. Materials “1. Use building materials that appear similar to those used traditionally in the area… 2. New materials that are similar in character to traditional materials may be acceptable with appropriate detailing.” The new design incorporates materials not typical of the NCOD. The design appears to be a contemporary take, while still harkening to a pastoral and rustic vocabulary. The barn style door and the wood slats are suggestive of Montana vernacular architecture, however this is not fitting for the area. The so-called ‘noble materials’ are more desired (ie. Concrete, steel, glass). I. Architectural Character The proposed new construction effectively distinguishes itself from historic structures. The large expanse of wood that makes up the west wall would benefit if some relief was given to it. There should be something to draw people toward the site. K. Buffers Current plans show walls and gates to mitigate the effects of trash and service areas. Chapter 4: Guidelines for the Commercial Character Area (pages 65-76) Subchapter 4-B: Guidelines for the B-3 Commercial Character Area. A. Mass and Scale Policy: “A new building should exhibit clear order and comprehensive composition on all elevations.” “A clear narrative of the design process and intent and compliance with these guidelines shall be included in the application. The narrative shall address these guidelines and may propose alternative method(s) of compliance that clearly meet the intent of these guidelines. Alternate proposals may be approved by the Director of Community Development.” J. Site Design “Commercial building facades along secondary (local) streets shall enhance the pedestrian experience by providing street level facades with a minimum of 50% transparent windows.” This should be clarified on the East elevation with the operable screened wall opened. 71 15532, Staff Report for the Union Market CUP/COA Page 24 of 26 F. Signs A sign application must be submitted for review and comment/approval. Signs Policy: All signs should be developed with the overall context of the building and the area in mind. The project does not include a comprehensive sign package. New signs should reflect the character of the area and respond to the character of the building design. Locate signs to emphasize design elements and enhance the design features. The application does not include sufficient information to address signs. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “B-3” (Central Business District). The intent of the B-3 central business district is to provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. Adopted Growth Policy Designation: The subject property is designated as “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 0.5 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 72 15532, Staff Report for the Union Market CUP/COA Page 25 of 26 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 Project Description A Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) application is to allow the adaptive reuse of the old Service Electric building for on premise serving of alcohol through a standard beer and wine license issued by the State of Montana. The property is located on the southwest corner of North Rouse Avenue and East Mendenhall Street and across the street from City of Bozeman Fire Station. The CUP is required in all zoning districts for on premise serving of alcohol. No expansion of the building foot print is proposed. Additional outdoor seating is proposed as shown on the site plan. Exterior modifications to the building include widow and door replacement, façade improvements and other design elements shown on the building plans. No additional parking is required for this project. Through the parking calculation adjustments provided in Section 38.25.040, BMC the parking space requirements are met. Adjustments include the exemption of the first 3,000 square feet of commercial floor area, reduction of required parking for certain commercial activities within the B-3 district, and the existing parking spaces dedicated to the subject property through SID No. 565. No public comment was received for this application. APPENDIX C – NOTICING AND PUBLIC COMMENT Public notice for this application was posted with a public notice on January 5, 2016. Public notice was sent to all property owners of record within 200 feet of the subject property via first class mail, on January 5, 2016. A notice was published in the Bozeman Daily Chronicle on January 17 and 24, 2016. No written comment has been received on this application as of the date of production of this report. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Petersen Legacy LLC, 2712 38th Avenue Southwest, Seattle, WA 98126 Applicant: SC Group, LLC, 4520 Sourdough Road, Bozeman, MT 59715 Representative: Intrinsic Architecture, 111 North Tracy Avenue, Bozeman, MT 59715 Report By: Heather Davis, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. 73 15532, Staff Report for the Union Market CUP/COA Page 26 of 26 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. 74 Union Market C N COA/ C U P 326 E. Mendenhall Bozeman Montana November 2015 Prepared for: SC Group, LLC. Prepared By: 75 326 East Mendenhall Commercial COA and Condi&onal Use Permit Applica&on 2 Table of Contents Development Review Application & Checklists & Certificates EXHIBITS Exhibit A: CCOA Checklist Responses Exhibit B: CUP Checklist Responses Exhibit C: Vicinity and Location Map Exhibit D: Zoning Map Exhibit E: Montana Historical and Architectural Inventory Exhibit F: Site Photographs Exhibit G: Existing and Schematic Drawing Set Exhibit H: Proposed Exterior Materials and Lighting Cut Sheet 76 A1CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation: Development Review Application A1 Page 1 of 3 Revision Date 5-19-15 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications 77 Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal Downtown North 7th Avenue Northeast None District: 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. 1. Pre-application Consultation 2. Master Site Plan 3. Site Plan 4. Subdivision pre-application 5. Subdivision preliminary plat 6. Subdivision final plat 7. Subdivision exemption 8. Condominium Review 9. PUD concept plan 10. PUD preliminary plan 11. PUD final plan 12. Annexation and Initial Zoning 13. Administrative Interpretation Appeal 14. Administrative Project Decision Appeal 15. Commercial Nonresidential COA 1 6. Historic Neighborhood Conservation Overlay COA Form None MSP SP PA PP FP SE CR PUDC PUDP PUDFP ANNX AIA APA CCOA NCOA Form 17. Informal Review INF 18. Zoning Deviation None 19. Zoning or Subdivision Z/SVAR Variance 20. Conditional Use Permit CUP 21. Special Temporary Use STUP Permit 22. Comprehensive Sign Plan CSP 23. Regulated Activities in RW Wetlands 24. Zone Map Amendment (non ZMA Annexation) 25. UDC Text Amendment ZTA 26. Growth Policy Amendment GPA 27. Modification/Plan MOD Amendment 28. Extension of Approved Plan EXT 29. Reasonable RA Accommodation 30. Other: 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. B. Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin staff review immediately or be scheduled for Development Review Committee review in ten working days from the application deadline. Development Review Application A1 Page 2 of 3 Revision Date 5-19-15 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications 78 C. Application materials shall be submitted for each application as shown in the specific guidance and checklists that is provided for each application type. A common development review application form and common notice materials may be provided for an application that includes more than one application type. All other application materials shall be submitted for each individual application type per the project guidance and checklists. 9. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. 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 representative’s 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. Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. Applicant Signature: Printed Name: Owner Signature: Printed Name: Owner Signature Printed Name: If signing as a corporation, please provide the title and position of the individual signing on behalf of the corporation. Attach separate sheets for additional owner signatures. CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59771 www.bozeman.net Development Review Application A1 Page 3 of 3 Revision Date 5-19-15 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications Travis Byerly Todd Petersen 79 Commercial COA Required Materials CCOA Page 1 of 3 Revision Date 4-27-15 Required Forms: A1, N1 (if deviation) Recommended Forms: Presentation of submitted plans and specifications CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL/NONRESIDENTIAL CERTIFICATE OF APPROPRIATENES REQUIRED MATERIALS APPLICATION SETS One set is required that includes 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. If a deviation is proposed and if more than two deviations or deviations of more than 20% are proposed additional sets will be required. Complete and signed development review application form A1 One Plan set that includes all commercial certificate of appropriateness checklist items below unless otherwise provided in another application type Standard application sets required plan sizes: Plans may be 24 x 36 inch or 11 x 17 inch or 8 1/2 x 11 inch in size depending on project type. Larger, more complex projects require larger plans. 1 digital version of all materials (JPEG or PDF) on separate CD-ROM or USB drive. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 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. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1and materials if deviation proposed associated with an existing building in the Neighborhood Conservation Overlay District. APPLICATION FEE Base fee $325 If deviation add: $210 per deviation Application types and fees are cumulative. APPLICATION DEADLINES Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin staff review immediately following a determination the application is complete and acceptable for review HISTORIC PROPERTY INFORMATION IF IN NEIGHBORHOOD CONSERVATION OVERLAY Date of construction if known: Existing property record form Updated property record form For assistance, see more information through the following link: http://www.bozeman.net/Departments/Community-Development/Historic-Preservation/How-To-s- FAQ-s CCOA 1939 Requested, but not yet updated 80 Commercial COA Required Materials CCOA Page 2 of 3 Revision Date 4-27-15 Required Forms: A1, N1 (if deviation) Recommended Forms: Presentation of submitted plans and specifications COMMERCIAL CERTIFICATE OF APPROPRIATENESS CHECKLIST Certain information shall be provided for review prior to a decision on a certificate of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the City to make its determination on the application. 1. Project narrative providing a thorough description of what is being proposed including a list of all alterations/changes proposed on the property. 2. If in Neighborhood Conservation Overlay, historical information, including available date such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the proposed changes to the property 3. One current picture of each elevation of each structure planned to be altered that will clearly express the nature and extend of the changes planned. Except where otherwise recommended, no more than eight pictures should be submitted. All pictures shall be printed on or attached to 81/2 x 11 paper with the property address, elevation direction (N, S, E, W) and relevant information on the proposed changes 4. Sketch plan or Site plan depending on project complexity with north arrow showing property dimensions, location of buildings, parking, driveways, fencing, landscaping, yard/setback locations, location of utilities, access, pedestrian facilities, and location of changes proposed. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. Depending on complexity and extent of changes proposed changes to the site plan shall be clearly depicted on the site plan showing existing conditions or two separate site plans titled existing and proposed 5. Front, rear and side elevations of all buildings, structures, fences and walls with height dimensions and roof pitches if new construction or changes to elevations are proposed. Show existing and proposed changes. Show open stairways and other projections from exterior building walls 6. Building elevations shall include proposed exterior building materials, windows and doors including a color and building material palette for all proposed features keyed to the building elevations 7. One exhibit or illustration shall include all the internal and external elements of a structure to be removed or altered by a project. All elements to be removed or altered, and to what extent, shall be clearly identified and shall include those elements to be removed and reinstalled. 8. For any non-conforming structure, an analysis of demolition to determine whether the threshold for loss of protected non-conforming status per Section 38.32.040.B BMC has been met or surpassed. 9. For minor fence, screen, storefront or window/door changes or replacements, and other minor changes: pictures ,specifications and other information that will clearly express the proposed changes or alterations to the property 10. Cutsheets or brochure pages for proposed windows, doors, exterior lighting or other detailed alterations if building elevations are not detailed enough to depict features accurately 11. Floor plans showing floor layout including square footage and proposed use for each room and area within the building clearly showing areas to be changed or added to. Suggested scale of ¼ to one foot. 12. Parking plan and calculation for all uses, if proposed changes to the property require review of parking requirements (e.g. addition of bedrooms to a home, Accessory Dwelling Units, new infill residential construction). 13. A schedule for the proposed changes to the property if to be phased or if applicable. DEVIATIONS If the proposal includes a request for a deviation in the Entryway Corridor Overlay as outlined in Section 38.17.070 BMC the application shall be processed as a site plan application with deviation and this form shall not apply, reference instead forms SP and SP1. 81 Commercial COA Required Materials CCOA Page 3 of 3 Revision Date 4-27-15 Required Forms: A1, N1 (if deviation) Recommended Forms: Presentation of submitted plans and specifications 14. If the proposal includes a request for a deviation in the Neighborhood Conservation Overlay as outlined in Section 38.16.070 BMC and is being processed independent of a site plan application then this application shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce. 15. Either through the site plan requirement above or separate exhibit clearly showing any proposed deviations related to site requirements such as yards/setbacks, lot coverage, or other applicable standards. 16. Either through the building elevation requirement above or separate exhibit clearly show any proposed deviations related to building construction such as height, second story additions, or other applicable standards. 17. A deviation narrative shall be added to the project narrative stating which Section (s) of the Bozeman Municipal Code are proposed for deviation, to what extent and include a response to the following: a. How the modification is more historically appropriate for the building and site in question and the adjacent properties, as determined in Section 38.16.050 BMC than would be achieved under a literal enforcement of this chapter (Chapter 38, BMC); b. How the modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; and c. How the modifications will assure the protection of the public health, safety and general welfare. d. How the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community. If more than one deviation, a response to the criteria shall be provided for each deviation CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 82 83 84 _______________________________________ N1CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT NOTICING MATERIALS Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. Legible list of full names and addresses of all property owners physically contiguous (touching a boundary) including recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed. Two sets additional mailing labels with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed attached. NOTICE Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana. CERTIFICATION I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all 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 CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net Noticing Materials Page 1 of 1 Revision Date 4-27-15 Required Forms: N1 Recommended Forms: NA x x x Peter Andrews 326 East Mendenhall Avenue 85 1 Site Overview The subject property is located at 326 East Mendenhall Street. The property is zoned B-3 (Central Business District) and is located within the Neighborhood Conservation Overlay District. Certificate of Appropriateness Checklist Project Narrative: The single story wood framed, stucco clad building located is currently vacant. The building owner and tenant have worked closely together to creatively envision converting the existing, former Service Electric building and auto repair shop, originally built in 1939, into a new downtown market with a special emphasis on meat and seafood. The Union Market will offer a wide variety of food items for purchase, as well as fast grill counter service for numerous dine-in options to provide a unique experience to its patrons. The small indoor seating area will be supplemented and augmented with exterior seating areas, including a new exterior patio to be utilized during warmer months, for a casual and eclectic atmosphere. The owner will improve aspects of the building and then the tenant will take the shell and bring their vision to fruition. This Conditional Use Permit application proposes: · Replacement of the existing windows with new in the existing openings with new metal framed operable windows. · Conversion of existing main level space into one space for use as a Market and fast grill which will include the sale and consumption of alcohol on the premises · Use of the existing basement space a storage and refrigeration areas · New rooftop HVAC equipment –screened · New handicapped accessible restrooms · New building signage (Application materials depict conceptual signage, a formal Sign Permit application will be filed and submitted at the appropriate project stage.) Please see the attached drawings for additional information. 2. The historic inventory is included for reference. An updated Inventory has been requested, yet was not available at the time of this application submission. See Appendix E for Montana Historical and Architectural Inventory. 3. Existing photographs of each elevation of the structure have been included – see Appendix F. 4. Sketch plans showing the existing conditions and proposed alterations have been included – see Appendix G. EXHIBIT A – COA CHECKLIST 86 2 5. Front, rear and side elevations of the building for existing conditions and proposed alterations have been included – see Appendix G. 6. Building elevations with proposed exterior building materials, windows and doors colors and building material palette have been included – see Appendix G. 7. See the drawing set for existing and proposed interior and exterior elements of the structure to be removed or altered by the project. Please note conceptual signage is shown for reference at this time, yet a separate Sign Permit will be submitted/applied for when appropriate – see Appendix G. 8. Non-applicable – this project is not classified as a non-conforming structure and demolition is not being proposed. 9. See attached drawing set for fence, screen, storefront or window/door changes or replacements and other minor changes – see Appendix G. 10. See the attached cut sheets and brochure pages for proposed windows, doors, exterior lighting alterations – see Appendix H. 11. See the drawing set for existing and proposed floor plans – see Appendix G. 12. Parking calculations are on the proposed site plan – see Appendix G. 13. The following is an outline of the anticipated schedule: Nov-Dec 2015: CUP/COA permitting Jan 2016: Preparation of construction documents & building permit review Feb 2016: Estimated construction start date 14. Non-applicable – a deviation in the Neighborhood Conservation Overlay is not being requested. 15. Non-applicable – a deviation in the Neighborhood Conservation Overlay is not being requested. 16. Non-applicable – a deviation in the Neighborhood Conservation Overlay is not being requested. 17. Non-applicable – a deviation in the Neighborhood Conservation Overlay is not being requested. 87 1 Site Overview The subject property is located at 326 East Mendenhall Street. The property is zoned B-3 (Central Business District) and is located within the Neighborhood Conservation Overlay District. Conditional Use Permit Checklist Project Narrative: The single story wood framed, stucco clad building is currently vacant. The building owner and tenant have worked closely together to creatively envision converting the existing, former Service Electric building and auto repair shop, originally built in 1939, into a new downtown market with a special emphasis on meat and seafood. The Union Market will offer a wide variety of food items for purchase, as well as fast grill counter service for numerous dine-in options to provide a unique experience to its patrons. The small indoor seating area will be supplemented and augmented with exterior seating areas, including a new exterior patio to be utilized during warmer months, for a casual and eclectic atmosphere. The owner will improve aspects of the building and then the tenant will take the shell and bring their vision to fruition. This Conditional Use Permit application proposes: · Replacement of the existing windows with new in the existing openings with new metal framed operable windows. · Conversion of existing main level space into one space for use as a Market and fast grill which will include the sale and consumption of alcohol on the premises · Use of the existing basement space a storage and refrigeration areas · New rooftop HVAC equipment –screened · New handicapped accessible restrooms · New building signage (Application materials depict conceptual signage, a formal Sign Permit application will be filed and submitted at the appropriate project stage.) Please see the attached drawings for additional information. a. The project is located within the B3 District (Central Business) and the Bozeman Tax Increment Finance District. The project is consistent with the Bozeman Community Plan and the Downtown Design Guidelines and Standards and the 2009 Downtown Improvement Plan. The site is adequate in size and topography to accommodate the proposed use. All yards, spaces, walls and fences, parking loading and landscaping are adequate to properly relate such use with the land and other uses in the adjacent vicinity. b. Again, a Market is principle use allowed within the B3 District and will not have any material adverse effects upon the abutting properties. EXHIBIT B – CONDITIONAL USE PERMIT CHECKLIST 88 2 c. There are not any special conditions of approval necessary to protect the public health, safety and general welfare. Again, the proposed modifications are relegated to the existing property. The proposed modification to the existing building are not invasive, yet temporary sidewalk closures or fencing shall be erected if such work does should extend beyond the extents of the building. Also if, temporary street closures, cuts or other utility work is required during the course of the proposed project, the required permits, fencing and noticing will be applied for and coordinated with municipal and utility agencies to assure the health, safety and welfare of the general public is protected. 2. A location/vicinity map, including area within one-half mile of the site has been included– see Appendix C. 3. A site plan with north arrow showing property dimensions, location of buildings, parking, driveways off street loading, landscaping, location of utilities access, pedestrian facilities, and use location has been included – see Appendix G. 4. Floor plans showing floor layout including square footage and proposed use for each room and area within the building have been included – see Appendix G. 5. Complete floor layout of alcohol serving areas by location and square footage have been included – see Appendix G. 6. Parking calculations for all uses, including detailed calculations of deductions have been included on the proposed site plan – see Appendix G. 89 A L SWN Creekside LLC 201 Lindley Pl. Bozeman, MT 59715 City of Bozeman PO Box 1230 Bozeman, MT 59771 Mike Tracy 5 Rimani Drive Mission Viejo, CA 92692-5106 Community Health Partners 126 S. Main St. Livingston, MT 59047 GMG Condo Master 109 North Rouse Avenue #1 Bozeman, MT 59715 F&H LLC. 2215 Arrowleaf Hills Drive Bozeman, MT 59718 Renee T. Sabol 8440 Bridger Canyon Spur Rd. Bozeman, MT 59718 Bozeman School District 7 404 West Main Street Bozeman, MT 59718 Artcra? Printers, Inc. 6673 South 3rd Avenue Bozeman, MT 59715 Peterson Legacy LLC 2712 38th Ave. SW SeaAle, WA 98126 Haj Javad, LLC P.O. Box 186 Bozeman, MT 59771-0186 Creekside, LLC. 43 MaAhew Bird Circle Bozeman, MT 59715 Galla&n Labor Temple 422 E. Mendenhall St. Bozeman, MT 59715 Galla&n Post No. 14 P. O. Box 936 Bozeman, MT 59771-0936 Bocar Family Holdings Limited 777 Arthur Godfrey Road Suite 400 Miami Beach, FL 33140 Helori M. Graff Trust 6673 S. 3rd Rd. Bozeman, MT 59715 Sleepy Eye, LLC. 425 E. Main St. Apt #5 Bozeman, MT 59715 SWN Creekside, LLC. 201 Lindley Place Bozeman, MT 59715 Decosse Eastgate 2120 Chambers Rd. Bozeman, MT 59715 GSC Family, LLC. 709 S. Willson Ave. Bozeman, MT 59715 225 E. Main, LLC. 3600 Butler Road Reisterstown, MD 21136-4813 90 A L Frank Seitz, Jr. 101 Billion Place Bozeman, MT 59715 101 Rouse LLC. 321 E. Mendenhall Street Bozeman, MT 59715 Color World of Montana, Inc. 201 E. Mendenhall Street Bozeman, MT 59715 Brad Lowe, Ellie and James 232 E. Mendenhall Street Bozeman, MT 59715 Richard Anderson 312 North 22nd Avenue Bozeman, MT 59718 BW Hovda LLC 3314 South 28th Avenue Bozeman, MT 59718 T+W Cowdrey Proper&es, Inc. 500 E. Kagy Boulevard Bozeman, MT 59715 Kari L. Domanski 475 Princeton Place Bozeman, MT 59715 Mack O. Butler 3443 Kent Spur Road Bozeman, MT 59718 Mountain Financial Services, Inc. 2340 Butch Cassidy Drive Bozeman, MT 59718 David Richards C/O Penthouse LLC. P.O. Box 3111 Bozeman, MT 559772 91 E C - L / V M City of Bozeman GIS Aerial Image: April 21, 2015 N Subject Property 92 E D - Z" M N City of Bozeman GIS Aerial Image: April 21, 2015 Subject Property 93 E E - M H A$ I& 94 95 96 97 98 99 100 101 102 326 East Mendenhall Commercial COA and Condi&onal Use Permit Applica&on 8 E F - S P" South Eleva&on East Eleva&on 103 326 East Mendenhall Commercial COA and Condi&onal Use Permit Applica&on 9 R* P North Eleva&on West Eleva&on 104 E G - E" S D," S 105 E H - P E M L"" C$ S 106 DeSCo Brand Aluminum Windows - color to be dark bronze anodized 107 2500 SERIES SPECIFICATIONS ______________________________________________________________________________ SECTION 08520 ALUMINUM WINDOWS PART 1 GENERAL 1.01 DESCRIPTION A. Furnish and install aluminum windows complete with hardware and related components as shown on drawings and specified in this section. B. All windows shall be DeSCo Arch., Inc. 2500 Series. Other manufacturers requesting approval to bid their product as an equal must 15 days prior to bid date, submit information, in accordance with Section 1.05 of these specifications, establishing their product as an equal to the specified product, in respect to the performance, testing and other criteria as outlined in these specifications and associated plans. C. Glazing: Refer to Glazing Section 08800 for glazing of window units. 1.02 RELATED WORK 1.03 ITEMS FURNISHED BUT NOT INSTALLED 1.04 ITEMS INSTALLED BUT NOT FURNISHED 1.05 TESTING AND PERFORMANCE REQUIREMENTS A. Test Units 1. Air, water and structural test unit shall conform to size and configuration requirements specified by AAMA/NWWDA 101/I.S. 2-97. B. Test Procedures and Performance 1. Standards: Windows shall conform to AAMA/NWWDA 101/I.S. 2-97 requirements for Class AP-AW65 or C-AW65. 2. Air Infiltration Test: Test unit in accordance with ASTM E 283-91 with an air pressure difference of 6.24 psf. Air infiltration shall not exceed .10 cfm per foot of perimeter crack length. 3. Water Resistance Test: Test unit in accordance with ASTM E 331-96 at static pressure difference of 12.00 psf with no water leakage. 4. Uniform Load Deflection Test: Test unit in accordance with ASTM E 330-97 at 65 psf. 5. Condensation Resistance Test (CRF): Test unit for thermal performance in accordance with AAMA 1503- 98 with condensation resistance factor of at least 54. 6. Thermal Transmittance Test (Conductive U-Value): Test unit in accordance with AAMA 1503-98 with U- value of 65 or less. 7. Forced Entry Resistance Test: Unit tested in accordance with ASTM F588-97 for Type B Grade 40. 1.06 QUALITY ASSURANCE A. Testing shall be done by an AAMA approved independent laboratory certifying performance as specified in Section 1.05. 1. To meet Auxiliary Test 5.3.6.8 Life Cycle test for AW Design operable products only. 1.07 REFERENCES 1.08 SUBMITTALS A. DeSCo Arch., Inc. to supply product data, shop drawings, samples and test data pertaining to our 2500 Series windows. 1.09 DELIVERY, STORAGE AND HANDLING 1.10 WARRANTIES A. Product to be free from material defects in workmanship and materials for five (5) years from shipment when installed and maintained in accordance with our installation recommendations and instructions. PART 2 PRODUCTS 2.01 MATERIAL A. Aluminum extrusions are 6063 T-5 alloy with minimum ultimate tensile strength of 22,000 PSI. B. Hardware 1. Casements a. Standard: Die cast roto gear operators, locking handles with tie rod on units over 32” high, and extruded aluminum 5 knuckle hinges with stainless steel pin, and radial and thrust load supported by Delron bearing surface. b. Optional: Concealed 4-bar stainless steel balanced arms or egress hinges, cam handles, custodial locks, friction adjustors, limited opening devices, limit stops or screens as specified. 2. Project-In a. Standard: Cam handles with concealed 4-bar stainless steel balanced arms. b. Optional: Custodial locks, spring latches, pole ring cam handles, locking handles or screens as specified. 3. Project-Out a. Standard: Cam handles and 4-bar stainless steel balanced arms. b. Optional: Custodial locks, locking handles, pivot shoe roto operators, pushbars or screens as specified. C. Weatherstrip 1. Closed cell Santoprene foam encapsulated by a seamless Santoprene elastomeric skin. D. Glazing: Refer to Glazing Section 08800 for glazing of window units. 108 E. Thermal Barrier 1. Barrier material is a poured-in-place two part polyurethane. 2.02 FABRICATION A. General 1. Depth of frame and sash shall be 2 ½”. 2. Aluminum frame and sash extrusions shall have a nominal wall thickness of 0.094”. B. Frame 1. Frame corners shall be mitered, crimped and epoxy welded. Mullions shall be mortise and tenon construction. 2. Corners shall be weather sealed with sealant. 3. Units are reglazable from the interior with re- useable snap in stops. C. Sash 1. Sash corners shall be mitered, crimped and epoxy welded. 2. Corners shall be weather sealed with sealant. 3. Dual weatherstrip with closed cell foam. 4. Units are reglazable from the interior with re- useable snap in stops. D. Screens 1. Flat Screens a. Shall be constructed of 6063 T-5 alloy extruded aluminum. b. Screen mesh shall be 18x16 fiberglass or aluminum. 2. Wicket Screens a. Frame shall be constructed of 6063 T-5 alloy extruded aluminum. b. Screen mesh shall be 18x16 fiberglass or aluminum. E. Finish 1. All exposed surfaces shall be free of scratches and other serious blemishes and shall receive... (Specify one of the following): ... an Architectural Class II Clear anodic coating conforming with Aluminum Association Standard AA- M12C22A31 ... an Architectural Class I Clear anodic coating conforming with Aluminum Association Standard AA- M12C22A41 ... an Architectural Class I Color anodic coating conforming with Aluminum Association Standard AA- M12C22A44 (Specify color – Dark Bronze, Medium Bronze, or Black) Note: DeSCo’s standard anodized finishes are AA- M12C22A31 Clear and AA-M12C22A44 Dark Bronze. Other finishes generally require longer lead times and are priced as special colors. ... a polyester baked enamel paint coating per AAMA 603.8 in our standard white or bronze. ... optional paint finishes include high performance Kynar and exotic finishes. Note: DeSCo’s standard painted finishes are white polyester baked enamel and bronze polyester baked enamel. Other finishes generally require longer lead times and are priced as special colors. PART 3 EXECUTION 3.01 INSTALLATION A. Install units in accordance with approved shop drawings and specifications. B. Set units plumb and level without warp of frames or sash. Anchor securely in place. C. Adjust units for proper operation. D. Set members to provide a weather tight construction. 3.02 ADJUST AND CLEAN A. After completion of window installation, windows shall be inspected, put into working order and left clean, free of labels, dirt or other substances. END OF SPECIFICATION _____________________________________________________________________________________________ 8/01 109 Incandescent 5" Cylinders Outdoor Wall Mount Type -20 -30 -31 -82 P5674 ■■ ■■ ■■ ■■ P5675 ■■ ■■ ■■ ■■ Finish Metallic Dimensions (Inches) Catalog No.Bronze White Black Gray Lamping A B C D P5674 -20 -30 -31 -82 1-75w PAR30, 5 7-1/4 8 2-1/2 65w BR30 P5675 -20 -30 -31 -82 2-75w PAR30 5 14 8 7 Specifications: General • Extruded aluminum .125 wall thickness one piece cylinder • Cast aluminum wall bracket • P5674 - Down lighting • P5675 - Up/Down lighting. P8799-31 top cover lens recommended when unit is used outdoors • Interior finish matches exterior finish Mounting • Covers any outlet box • Cast mounting bracket is 4-1/2" square • Outlet box mounting bracket supplied permitting attachment of unit to wall with one almost invisible set screw Electrical • Medium base porcelain socket with nickel plated brass screw shell Options • Bronze finish - specify “20” suffix • White finish - specify “30” suffix • Black finish - specify “31” suffix • Metallic Gray finish - specify “82” suffix Accessories • P8799-31 Top lens cover for P5675 fixture Labeling • UL-CUL wet location listed - P5674 and P5675 with top cover • P5675 UL-CUL listed for indoor use with no cover Progress Lighting 701 Millennium Blvd. Greenville, South Carolina 29607 www.progresslighting.com Rev. 1/04 D B A C D B A C P5674 P5675 25 Exhibit F Light Fixture FIXTURE B 110 Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, Montana 59715 11 January 2016 Heather Davis, AICP Associate Planner Department of Community Development 20 East Olive Bozeman, Montana 59715 RE: Union Market On-Premise CUP/COA Application, 15532 Heather, Thank you again for all your assistance to date on this project. Your January 6th and Shawn Kohtz’s January 8th memos to the Development Review Committee and the subsequent discussion at the second review meeting was informative. The Applicant is aware of all these conditions and code provisions, yet please find our response(s) in bold to the recommended conditions to the project in conjunction with our amended drawings as well. · More information is needed regarding the smoker to address the CUP review criteria, specifically the applicant’s proposed mitigation of the smoke and odor of the proposed smoker. Additional information on the smoker has been attached. The specifications and model number as well as the inclusion of a smoke extractor damper has been attached for the City review. · No signage is allowed on the smoker. No signage is proposed on the smoker and it will be located in a ‘fenced’ area which will not be visible from the adjacent streets. See revised drawings. · More detail is needed regarding on site pedestrian circulation- including proposed location of fencing gates. See revised drawings. · Landscaping detail is missing from the site plan. See revised drawings. · Update sheets to match. See revised drawings. · Missing elevation detail of fence and garage enclosure. See revised drawings. Section 2 – RECOMMENDED CONDITIONS OF APPROVAL 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. The Applicant is aware of this condition. 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. The Applicant is aware of this condition and accepts it. A copy of the State Revenue Department alcohol license will be submitted to the Department of Community Development prior to the sale of alcoholic beverages. 3. The right to serve alcohol to patrons is revocable based on complaints from the public or from the Police Department regarding violations of the City of 111 Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, Montana 59715 Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. The Applicant is aware of the ‘conditional’ nature of this use at this location and accepts the notion of the revocability of it. 4. Any expansion of this use of facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. The Applicant is aware of and accepts this condition. 5. All exterior windows shall be transparent to promote the goals and objectives of the Neighborhood Conservation Overlay District. All exterior windows will be transparent to promote the goals and objective of the NCOD. 6. 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. This is the written narrative. CONDITIONAL USE PERMIT PROVISIONS OF THE BOZEMAN MUNICIPAL CODE a) Pursuant to 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 preliminary site plan in compliance with this section. Bicycle racks have been shown on the preliminary site plan and in compliance with Section 38.25.040.A.5, BMC. Please see revised site plan for more information. b) A bike rack detail shall be provided with the final site plan in conformance with the City’s Transportation Plan as required in Section 38.25.040.A.5.a. BMC. While a bike rach location is shown to be provided, a detail of the bike rack must be provided on the final plan to demonstrate that it complies with the approved bike rack types. The Downtown T.I.F. District will be providing their typical downtown bike racks for the project. Chris Naumann from the Downtown Bozeman Partnership can be contacted for any additional information regarding the bicycle racks. c) 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 Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval of 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. The Applicant is aware of and accepts this condition. The accessory document will be recorded with the Gallatin County Clerk and Recorder’s Office per this requirement when applicable. d) Section 38.19.110.I, BMC describes the process for termination/revocation of a conditional use permit approval: 112 Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, Montana 59715 1. Conditional use permits are approved base 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 is not begun within the time limits of the final site plan approval in Section 38.19.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval of code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC. 4. Section 38.19.120 BMC requires the applicant to submit a final plan, no later than six months after the date of approval of a preliminary plan. The Applicant is aware of this collective condition and accepts it. The applicant also understands and is aware of the possible assessment of future impact fees onto the project in accordance with the adopted City of Bozeman impact fee schedule in place at the time of building permit issuance. The applicant also understands that an estimate of these fees can be requested from the Department of Community Development, if desired. SHAWN KOHTZ COMMENTS – 1. If not already existing, a backflow preventer must be added near the water meter inside the building per the City’s Water Inspection Requirements for services. The Applicant is aware of this request from the Water/Sewer Superintendent for an inspection of the existing water service to determine whether the water service has backflow protection and if such protection is installed such that the device is appropriate for the level of use for the facility. If the service is found without backflow protection, a preventer and expansion tank will need to be installed by the owner. If the existing device does not provide adequate protection, the owner/applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. A call to the Water Department's Backflow specialist at 582-3200 will be made to arrange an inspection of the water service. 2. 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 113 Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, Montana 59715 City upon request. The applicant is aware of this condition and is anticipating a grease interceptor being installed in adjacent to the proposed dumpster enclosure and the applicable service records will be made available to the City upon request. 3. As the applicant is aware, Montana Department of Transportation (MDT) is planning on upgrades to Rouse Avenue. The applicant shall coordinate the proposed improvements with MDT to avoid potential conflicts. The applicant is aware of the pending improvements to Rouse Avenue and will coordinate any proposed applicant improvement with the MDT to avoid potential conflicts. 4. The applicant shall provide approval from MDT for the right-of-way encroachment by the building. The applicant is working with the MDT to get approval for the right-of- way encroachment by the building. 5. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with Section 38.39.020.A.1 of the Bozeman Municipal Code (BMC). This shall be submitted as part of the final plan for site developments. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. The applicant is aware of this condition and a construction route map will be submitted as part of the final plan application. 6. All construction activities shall comply with section 38.39.020.A.2 of the BMC. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the 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. The applicant is aware of this condition and will comply with the routine cleaning/sweeping of material that is dragged to adjacent streets during construction. 7. Pedestrian safety shall be ensured using pedestrian traffic control during any construction activities that encroach on the adjacent sidewalk. The applicant is aware of this condition and the importance of it. Pedestrian safety shall be ensured during any construction activities which encroach on the adjacent sidewalk by using the appropriate pedestrian traffic control strategies and protection. 8. Although not a requirement, since the impervious area of the site is not being altered, the applicant is strongly encouraged to provide stormwater detention, retention, and/or filtration of runoff water from the site as stormwater from this site discharges directly to Bozeman Creek. For example, judicial use of permeable pavers in parking spaces along the western boundary of the existing parking lot may provide substantial filtration of oils and other contaminants prior to runoff into the adjacent creek. The applicant is aware of this strong encouragement from the City and the need to protect Bozeman Creek. The applicant will look into the use of permeable surfaces or pavers if applicable to site improvements related to the 326 East Mendenhall property—the adjacent parking lot to the west is not a part of this project. Again, we appreciate all your time and effort to review these responses to your request for more information and please let me know if there is anything further I can help clarify. 114 Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, Montana 59715 Thanks again, Peter Andrews Project Manager Intrinsik Architecture, Inc. Attachments: Multiple 115 401 South Mill Street , Alamo, Tennessee 38001 731-696-3175 SALES: 800-851-8180 FAX: 731-696-3180 http://www.southern-pride.com SPECIFICATIONS MODEL: SPK-500 Front View Left Side View Top View Approximate Cooking Capacities (capacities will vary based on physical shape, weight, and method of loading for each product specified.) Pork Butts (8-10 lb. each)……….….. 80 pieces St. Louis Ribs (2.75 lb. each)……….. 75 pieces Whole Chicken (3-4 lb. each)………. 120 pieces Beef Brisket (11-13 lb. each)………... 40 pieces Spare Ribs ………………………....... 45 pieces Requirements & Feature Specifications Electrical Requirements: 120 volt AC, 60 hertz, 1-phase, 15 amp wiring required. NEMA 5-15P plug Gas Requirements: Natural or Liquid Propane (L.P.) Supply Line: Minimum 1/2” N.P.T. Supply Pressure: L.P.: 11.0” W.C. min. - 13.0” W.C. max. Natural: 4.5” W.C. min. - 10.0” W.C. max. Burner: 75,000 BTU , Electronic Pilot Gas Burner (Must specify Natural or L.P. gas configuration @ order). Firebox: 10 ga. H.R. steel. Uses charcoal or wood logs: 1-3 logs, 4-6” diameter, 12-14” long. Food Racks: Rotisserie with five (5) hangers, each with three (3) 12” x 42” food racks (15 total). 52.5 Sq. Ft. of cooking surface, 3-1/2” spacing between food racks. Air Circulation: Low Velocity Convection Fan. Temperature Range: 140-325 degrees F. Shipping Weight: 1,480 lbs. Approvals: ETL-US & Canada, ETL-Sanitation Venting: VSP Hood ready and Smoke Extractor ready. Minimum Clearance Requirement from Combustible Material Back…...18” (457mm) Firebox Door Side……...24” (610mm) Top…….18” (457mm) Service Bay Side……….18” (457mm) Front…...48” (1219mm) NOTE: If provision is made for service access, Service Bay Side & Back clearance can be reduced to 2” (51mm). 116 Right Side View Back View 401 South Mill Street , Alamo, Tennessee 38001 731-696-3175 SALES: 800-851-8180 FAX: 731-696-3180 http://www.southern-pride.com Standard Features: x 304 Stainless Steel interior & exterior x Convection fan access door x 19” tall Steel Pipe Legs x 8” Diameter Convection fan x Interior Light x Pneumatic Rotisserie Advance Foot Switch x Front Flue or Rear Flue x 2” grease drain x 2” insulated walls x Nickel Chrome Plated Food Racks Optional Features & Accessories: x Digital Cook & Hold Control x Smoke Extractor Damper x Glass Product Display Doors x Stainless Steel Food Racks x Working Height Locking Casters x International Voltage Conversion x Through the wall insulation kit x VSP Ventilation Hood System x Competition Gas Cut-off x Moisture System x Mobile Rail Trailer Shown on Optional Working Height Casters SPECIFICATIONS MODEL: SPK– 500 117 sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARY NOT FOR CONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA0.1 RMS UNION MARKET COVER SHEET 326 EAST MENDENHALL, BOZEMAN, MONTANA SD 01-11-2016 T.B.D. 111 North Tracy Avenue Bozeman Montana, 59715 Ph. (406) 582-8988 Fx. (406) 582-8911 www.intrinsikarchitecture.com 4520 Sourdough Road Bozeman, Montana, 59715 Ph. (406) 579-3685 SC Group, LLC Bozeman, Montana, 59715 JANUARY 11, 2016 ISSUED FOR: COA/CUP REVIEW Intrinsik Architecture, INC.Architect 326 East Mendenhall Owner UNION MARKET Contractor DRAWING INDEX A0.1 COVER SHEET C1.1 EXISTING SURVEY A1.1 PROPOSED SITE PLAN A2.1 EXISTING BASEMENT PLAN A2.2 EXISTING FIRST FLOOR PLAN A2.3 PROPOSED FIRST FLOOR PLAN A3.1 EXISTING ELEVATIONS A3.2 EXISTING ELEVATIONS A3.3 EXISTING ELEVATION PHOTOS A3.4 PROPOSED ELEVATIONS A3.5 PROPOSED ELEVATIONS A3.6 PROPOSED PERSPECTIVE IMAGES ARCHITECTURAL No. Description Date 118 EXISTINGDESCRIPTIONLEGENDSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:15046T2MONTANA WASHINGTON IDAHO GREAT FALLS-BOZEMAN-KALISPELL BY DATE DESCR LEWISTON SPOKANE REVISIONS Engineering tdhengineering.com BY DATE DESCR BY DATE DESCR SITE TOPOGARPHY CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA SITE TOPOGRAPHY OF LOTS 20-24 IN BLOCK D OF THE PLAT OF BOZEMAN CITY, EXCEPTING R/W, LOCATED IN THE NW 1/4 SEC 7, T2S, R6E, P.M.M.B15-0465/18/15151/67.DWG1 OF 1CB119 S SSSS E EEEE G GGGG FS FSFSFSFS W WWWW C CCCC X XXXX 326 East Mendenhall Onsite Parking 5 spaces In 1979 on-site Use in 1979 determined to need 10 spaces SID 565 5 spaces Purchased in 1979 TOTAL PROVIDED 10 spaces Total Gross Floor Area 3272 sf Total Net Floor Area (85%)2781 sf Basic Calculations before Reductions Use Gross SF Net SF (85%)Factor Spaces Spaces Former Tenant (Sevice Electric Office/Retail)3272 2781.2 250 11 11.0 Totals 3272 2781 11 TOTAL REQ.11.0 Calculation with B-3 Available Reductions Use Net SF 3000 SF Reduction Factor Spaces Reductions TOTAL Reductions Spaces Former Tenant (Sevice Electric Office/Retail)3272 272 250 1.09 30% B3 All Others 30%0.8 Totals 3272 1 TOTAL REQ.0.0 326 East Mendenhall Onsite Parking 5 spaces In 1979 on-site Use in 1979 determined to need 10 spaces SID 565 5 spaces Purchased in 1979 TOTAL PROVIDED 10 spaces Total Gross Floor Area 3272 sf Total Net Floor Area (85%)2781 sf Calculation with B-3 Available Reductions Use Net SF 3000 SF Reduction Factor Spaces Reductions TOTAL Reductions Spaces Tentant A Indoor Restaurant Serving Area 992 0 50 0 50% B3 Rest 50%0.0 Outdoor Seating Area 775 0 100 0 50% B3 Rest 50%0.0 Totals 1767 0 TOTAL REQ.0.0 LINE TYPE LEGEND PROPERTY LINE SETBACK LINE FENCE COMMUNICATION LINE WATER LINE FIRE SERVICE LINE GAS LINE ELECTRICAL LINE SEWER LINE ROUSE AVENUEEAST MENDENHALL STREET EXISTING RETAINING WALL DN EXISTING STREET LIGHT EXISTING STOP LIGHT EXISTING ELECTRICAL BOX EXISTING ELECT. METER EXISTING GAS METER EXISTING LIGHT POLE EXISTING PLANTER EXISTING PARKING LOT EXISTING STREET SIGN EXISTING STREET SIGN EXISTING PARKING LOTALLEY70' PROPERTY LINE64.33' PROPERTY LINE58' PROPERTY LINE 46.6' PROPERTY LINE PROPOSED GARBAGE & GREASE PROPOSED OUTDOOR SEATING AREA 130.55' PROPERTY LINE151.06' PROPERTY LINE21.01' PROPERTY LINE DNPROPOSED NEW AWNING BIKE RACK GREASE TRAP RAISED PLANTERS (TYP.) 6' HIGH SCREEN BARN STYLE SLIDING SCREEN DOOR sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARY NOT FOR CONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA1.1 RMS UNION MARKET PROPOSED SITE PLAN 326 EAST MENDENHALL, BOZEMAN, MONTANA SD 01-11-2016 1" = 10'-0"A1.1 1 PROPOSED SITE PLAN N EXISTING PARKING CALCULATIONS PROPOSED PARKING CALCULATIONS EXISTING SITE INFORMATION LEGAL DESCRIPTION: BOZEMAN ORIGINAL PLAT, S07, T02 S, R06 E, BLOCK D, N 70', LOTS 20 & 21 LESS 2'X26' STRIP ALONG W/ THE LINE LOT 21 LOT SIZE: 3498 S.F. BUILDING SIZE: 2393 S.F. LOT COVERAGE = 68% COVERAGE (TOTAL EXISTING IMPERVIOUS 2393 S.F.) COVERAGE (TOTAL PROPOSED IMPERVIOUS 2393 S.F.) NOTE: THIS IS NOT A SURVEY DRAWING. SITE INFORMATION COMPILED VIA PLAT RESEARCH, PHOTOS AND SITE VERIFICATION. SEE SURVEY FOR THE BALANCE OF INFORMATION.No. Description Date 120 A3.1 1 A3.2 2 A3.2 1 A3.1 2 ELEVATOR SHAFT ELECTRICAL PANEL UP CONCRETE 8' 2" (+/-) CEILING HT. CMU WALLS EXISTING WOOD FRAMED WALLS WALL TYPE LEGEND sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARY NOT FOR CONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA2.1 RMS UNION MARKET EXISTING BASEMENT PLAN 326 EAST MENDENHALL, BOZEMAN, MONTANA SD 01-11-2016 N 1/4" = 1'-0"A2.1 1 BASEMENT FLOOR PLAN (EXISTING) BUILDING AREA EXISTING BASEMENT FLOOR = 929 S.F. EXISTING FIRST FLOOR = 2343 S.F. TOTAL EXISTING BUILDING AREA = 3272 S.F.No. Description Date 121 CMU WALLS EXISTING WOOD FRAMED WALLS WALL TYPE LEGEND A3.1 1 A3.2 2 A3.2 1 A3.1 2 HEATING UNIT ABOVE HEATING UNIT ABOVE BEAM ABOVE ELECTRICAL PANEL ELEVATOR SHAFT DN STORAGE DECK ABOVE CRAWL SPACE HATCH CARPET LINOLEUM CARPET CONCRETECONCRETE DN 8' 2 1/2" (+/-) CEILING HT. 7' 11 1/2" (+/-) CEILING HT. 9' 0" (+/-) CEILING HT. 11' 6 1/2" (+/-) CEILING HT.12' 4 3/4" (+/-) CEILING HT. 13' 5 3/4" (+/-) CEILING HT. 12' 2 3/4" (+/-) CEILING HT.sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARY NOT FOR CONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA2.2 RMS UNION MARKET EXISTING FIRST FLOOR PLAN 326 EAST MENDENHALL, BOZEMAN, MONTANA SD 01-11-2016 N 1/4" = 1'-0"A2.2 1 FIRST FLOOR PLAN (EXISTING) BUILDING AREA EXISTING BASEMENT FLOOR = 929 S.F. EXISTING FIRST FLOOR = 2343 S.F. TOTAL EXISTING BUILDING AREA = 3272 S.F.No. Description Date 122 REF. MEAT CASES DISH STATION KITCHEN/ HOT LINE SEATING AREA (28) MAIN ENTRANCE OUTDOOR SEATING ENTRANCE NEW OPENING IN EXISTING WALL LIFT ACCESS TO REMAIN -- POTENTIAL NEW LIFT SYSTEM FROM BASEMENT DN EXISTING OPENING TO REMAIN NEW DOOR IN EXISTING OPENING (OUTSWING) PROPOSED NEW WINDOWS P.O.S. PROPOSED OUTDOOR SEATING AREA (775 S.F.) POTENTIAL NEW DOOR OR REUSE EXISTING IN NEW OPENING EXISTING DOOR IN EXISTING OPENING (OUTSWING) PREP TABLEPREP TABLE DRINK COUNTERMEN'S ACCESSIBLE WOMEN'S ACCESSIBLE P.O.S. NEW DOOR IN EXISTING OPENING PROPOSED NEW RAILING P.O.S. PROPOSED OUTDOOR GRILL & SMOKER BAR/TAPS DELI SERVICE ISLAND BUTCHER REF. SEAFOOD CASES PREP TABLEPREP TABLEEXISTING OPENING TO REMAIN EXISTING COLUMN TO REMAIN PREP TABLE PROPOSED NEW RAMP SMOKER NEW OPENING 11' - 3" INFILL WALL TO MATCH EXISTING WHERE NECESSARY 6' - 0"3' - 0"6' - 0" PROPOSED NEW LANDING PROPOSED NEW AWNING ABOVE PROPOSED NEW COLUMN AND BEAM DN EXISTING BEAM ABOVE TO REMAIN TRASH/ RECYCLING RAISED PLANTERS (TYP.) 6' HIGH SCREEN PROPOSED SLIDING SCREEN WALL EXISTING WALLS TO REMAIN NEW WALLS WALL TYPE LEGEND3' - 6"0' - 2"0' - 4"2X6 WOOD RAILING 2" ROUND DIAMATER STEEL POSTS 6' - 0" (+/-)1X4 VERTICAL CEDAR SLAT SIDING TO MATCH BUILDING SCREEN WALL sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARY NOT FOR CONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA2.3 RMS UNION MARKET PROPOSED FIRST FLOOR PLAN 326 EAST MENDENHALL, BOZEMAN, MONTANA SD 01-11-2016 1/4" = 1'-0"A2.3 1 PROPOSED FLOOR PLAN N BUILDING AREA EXISTING BASEMENT FLOOR = 929 S.F. EXISTING FIRST FLOOR = 2343 S.F. TOTAL PROPOSED BUILDING AREA = 3272 S.F. 1 1/2" = 1'-0"A2.3 2 PROPOSED RAILING DETAIL 1 1/2" = 1'-0"A2.3 3 DUMPSTER ENCLOSURE DETAIL No. Description Date 123 T.O. SUBFLOOR(EXISTING)100' - 0"t.o. plate (L1)112' - 0"T.O. PARAPET (EXISTING)115' - 7"T.O. SUBFLOOR(EXISTING)100' - 0"t.o. plate (L1)112' - 0"T.O. PARAPET (EXISTING)115' - 7"sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARYNOT FORCONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA3.1RMSUNION MARKETEXISTING ELEVATIONS326 EASTMENDENHALL,BOZEMAN,MONTANASD01-11-2016 1/4" = 1'-0"A3.11NORTH ELEVATION (EXISTING) 1/4" = 1'-0"A3.12EAST ELEVATION (EXISTING)No. Description Date124 T.O. SUBFLOOR(EXISTING)100' - 0"t.o. plate (L1)112' - 0"T.O. PARAPET (EXISTING)115' - 7"T.O. SUBFLOOR(EXISTING)100' - 0"t.o. foundation99' - 2 1/2"t.o. plate (L1)112' - 0"T.O. PARAPET (EXISTING)115' - 7"sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARYNOT FORCONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA3.2RMSUNION MARKETEXISTING ELEVATIONS326 EASTMENDENHALL,BOZEMAN,MONTANASD01-11-2016 1/4" = 1'-0"A3.21SOUTH ELEVATION (EXISTING) 1/4" = 1'-0"A3.22WEST ELEVATION (EXISTING)No. Description Date125 sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARYNOT FORCONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA3.3RMSUNION MARKETEXISTING ELEVATIONPHOTOS326 EASTMENDENHALL,BOZEMAN,MONTANASD01-11-2016EXISTING NORTH ELEVATIONEXISTING WEST ELEVATIONEXISTING EAST ELEVATIONEXISTING SOUTH ELEVATIONNo. Description Date126 T.O. SUBFLOOR(EXISTING)100' - 0"T.O. PARAPET (EXISTING)115' - 7"PROPOSED STOREFRONT WINDOWPROPOSED PAINTOVER EXISTINGSTUCOPROPOSEDCEDAR SLATSCREEN WALLPROPOSED METAL PANELSCREEN WALL, PAINTCONCEPTUAL SIGNAGESHOWN FOR REFERENCEONLY (TYP.)15' - 7" (+/-)4' - 6" (+/-)NEW HOLLOW METALGLAZED DOOR INEXISTING OPENING20' - 1" (+/-)PROPOSED RECESSED CAN LIGHTSEXISTING DOOR INEXISTING OPENING(OUTSWING)PROPOSED AWNINGPROPOSED STEELCOLUMN AND BEAM,PAINTPROPOSED PLANTERSPROPOSED RAILINGT.O. SUBFLOOR(EXISTING)100' - 0"T.O. PARAPET (EXISTING)115' - 7"NEW PAINT OVEREXISTING STUCOPROPOSEDCEDAR SLATSCREEN WALLPROPOSED METAL PANELSCREEN WALL, PAINTPROPOSED AWNINGPROPOSED STEELCOLUMN AND BEAM,PAINTNEW PAINT OVER EXISTINGRETAINING WALLNEW HOLLOW METALDOOR IN EXISTINGOPENINGPROPOSED STOREFRONT WINDOW18' - 0" (+/-)CONCEPTUAL SIGNAGESHOWN FOR REFERENCEONLY (TYP.)PROPOSED WALLMOUNTED LIGHTPROPOSED SLIDINGSCREEN WALLPROPOSED SLIDINGSCREEN WALL TRACKT.O. SUBFLOOR(EXISTING)100' - 0"6' - 0"1X4 VERTICAL CEDARSLAT SIDING TO MATCHBUILDING SCREENT.O. SUBFLOOR(EXISTING)100' - 0"6' - 0"1X4 VERTICALCEDAR SLATSIDING TOMATCH BUILDINGSCREENT.O. SUBFLOOR(EXISTING)100' - 0"6' - 0"1X4 VERTICALCEDAR SLATSIDING TO MATCHBUILDINGSCREEN10' - 0" CLEAR6' - 0" (+/-)1X4 VERTICALCEDAR SLATSIDING TOMATCHBUILDINGSCREEN WALL2X CEDARFRAMINGCEDAR POSTSsheet project code address© 2016 INTRINSIKrevisionsPRELIMINARYNOT FORCONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA3.4RMSUNION MARKETPROPOSEDELEVATIONS326 EASTMENDENHALL,BOZEMAN,MONTANASD01-11-2016 1/4" = 1'-0"A3.41NORTH ELEVATION 1/4" = 1'-0"A3.42EAST ELEVATION 1/4" = 1'-0"A3.43PROPOSED NORTH DUMBSTER ENCLOSURE ELEVATION 1/4" = 1'-0"A3.44PROPOSED SOUTH DUMPSTER ENCLOSURE ELEVATION 1/4" = 1'-0"A3.45PROPOSED WEST DUMPSTER ENCLOSURE ELEVATION 1/2" = 1'-0"A3.46DUMPSTER ENCLOSURE WALL DETAILNo. Description Date127 T.O. SUBFLOOR(EXISTING)100' - 0"T.O. PARAPET (EXISTING)115' - 7"NEW PAINT OVEREXISTING CMUPROPOSEDCEDAR SLATSCREEN WALLPROPOSED SMOOTH HARDIEPANEL SCREEN WALL, PAINT18' - 0" (+/-)CONCEPTUAL SIGNAGESHOWN FOR REFERENCEONLY (TYP.)T.O. SUBFLOOR(EXISTING)100' - 0"T.O. PARAPET (EXISTING)115' - 7"NEW PAINT OVEREXISTING STUCOPROPOSED CEDARSLAT SCREEN WALLNEW PAINT OVER EXISTINGRETAINING WALLPROPOSEDHOLLOW METALDOOR IN NEWOPENING20' - 1" (+/-)sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARYNOT FORCONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA3.5RMSUNION MARKETPROPOSEDELEVATIONS326 EASTMENDENHALL,BOZEMAN,MONTANASD01-11-2016 1/4" = 1'-0"A3.51SOUTH ELEVATION 1/4" = 1'-0"A3.52WEST ELEVATIONNo. Description Date128 sheet project code address© 2016 INTRINSIKrevisionsPRELIMINARYNOT FORCONSTRUCTION111 North Tracy Ave. Bozeman, Montana 59715 Fax: 406.582.8911Ph: 406.582.8988Y:\Projects\rms\DRAWINGS\REVIT\RMS-2015-12-3.rvtA3.6RMSUNION MARKETPROPOSEDPERSPECTIVE IMAGES326 EASTMENDENHALL,BOZEMAN,MONTANASD01-11-2016NORTHEAST PERSPECTIVENORTHWEST PERSPECTIVENo. Description Date129