HomeMy WebLinkAboutA2. Baxter Hotel15447 Staff Report for the Baxter Hotel Patio Addition and On-Premises Consumption CCOA & CUP Page 1 of 18
15447 Staff Report for the Baxter Hotel Patio Addition and On-Premises
Consumption Commercial Certificate of Appropriateness and Conditional
Use Permit Application
Date: City Commission Public Hearing April 18, 2016
Project Description: A combined Commercial Certificate of Appropriateness (CCOA) and Conditional Use Permit (CUP) application was submitted to the Planning Division of Bozeman’s Department of Community Development requesting the addition of an exterior patio serving area located west of the existing building addressed at 105 West Main Street, which is within the B-3 (Central Business) zoning district.
Project Location: 105 West Main Street. The property is zoned B-3, Central Business District, and is legally described as Lots 1-3 and the east 18 feet of Lot 4, Block B, Tracy’s 1st Addition, S07, T02S, R06E, Block B, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions.
Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 15447 and move to approve the Baxter Hotel Patio Addition On-Premises Consumption Commercial Certificate of Appropriateness and Conditional Use Permit with conditions of approval and subject to all applicable code provisions.”
Report Date: April 11, 2016
Staff Contact: Allyson B. Brekke, Associate Planner
Agenda Item Type: Action (Quasi-Judicial)
EXECUTIVE SUMMARY
Project Summary A combined Commercial Certificate of Appropriateness (CCOA) and Conditional Use Permit (CUP) application was submitted to the Planning Division of Bozeman’s Department of Community Development requesting the addition of an exterior patio serving area located west of the existing building addressed at 105 West Main Street, which is within the B-3 (Central Business) zoning district. The property is historically known as The Baxter Hotel and is a contributing historic resource in the Main Street Historic District. The CCOA is required for the patio addition to the building that includes a fence and deemed an exterior alteration to the building. The CUP is required for the expansion and further development of an existing use area for the sales of alcohol for on-premises consumption on a site legally developed prior to September 3, 1991 (per Section 38.19.140 Bozeman Municipal Code). The further development is determined to contain significant alterations and requires a new development review application
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Unresolved Issues None identified at this time.
Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable CUP criteria contained within the staff report; 4. Continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Project Summary ................................................................................................................. 1
Unresolved Issues ............................................................................................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 10
SECTION 3 - CONDITIONAL USE PERMIT PROVISIONS OF THE BMC .................... 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
SECTION 5 - STAFF ANALYSIS......................................................................................... 11 Applicable Plan Review Criteria, Section 38.19.100, BMC. .......................................... 12 Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC ........... 14
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 17
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 17
Project Background ........................................................................................................... 17
Project Summary ............................................................................................................... 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 18
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 18
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
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SECTION 1 - MAP SERIES
Figure 1: Subject Property & Zoning Map
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Figure 2: Future Land Use Map
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Figure 3: Site Plan of Property
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Figure 4: First and Mezzanine Floor Plans (blue indicating proposed serving area)
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Figure 5: Basement Floor Plan (blue indicating proposed serving area)
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Figure 6: Site Pictures
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Figure 7: Site Pictures (cont.)
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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, do 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 must 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 possession of alcohol. 4. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. 5. The applicant must submit a written narrative with the final plan application outlining how each of the conditions of approval and code provisions has been satisfied. 6. The Main Street drive access to the privately owned area where the outdoor patio is proposed must be physically closed. This would consist of eliminating the driveway approach and constructing new curb, gutter and sidewalk to replace the approach. 7. Access to the private alley from the rear alley should be limited to vendors, deliveries, and permit parking only. The intent of this item is to avoid parked car stacking in the private alley. This may be accomplished with signage at the entrance to the private alley. The City will not enforce the pemit parking requirement. Enforcement will be up to the private property owner. 8. A surveyor licensed in the State of Montana shall seal and certify the identified lot line location between Lot 4 and Lot 5.
SECTION 3 - CONDITIONAL USE PERMIT PROVISIONS OF THE BMC
a. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. This is a required final step in the CUP process. The
City will provide the applicant with the document to record.
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15447 Staff Report for the Baxter Hotel Patio Addition and On-Premises Consumption CCOA & CUP Page 11 of 18 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; 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. 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.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Baxter Hotel Patio Addition On-Premise Consumption CCOA & CUP,
Application 15447 The Development Review Committee (DRC) considered the Commercial Certificate of Appropriateness (CCOA) and Conditional Use Permit application to allow the addition of an exterior patio serving area located west of the existing building addressed at 105 West Main Street. The CUP is required for the expansion and further development of an existing use area for the sales of alcohol for on-premises consumption on a site legally developed prior to September 3, 1991 (per Section 38.19.140 Bozeman Municipal Code). The DRC recommended conditional approval at its February 17, 2016 meeting. The City Commission’s public hearing was to review the application was continued to its April 19, 2016 meeting.
SECTION 5 - STAFF ANALYSIS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials
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Applicable Plan Review Criteria, Section 38.19.100, BMC. In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy The Future Land Use designation is “Community Core” in the Bozeman Community Plan. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. This use is permitted within the B-3 (Central Business) District with the approval of a Conditional Use Permit. For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations The project will conform to the Bozeman Municipal Code. There are no known documented violations of the BMC associated with this property.
3. Conformance with all other applicable laws, ordinances, and regulations The plans will be evaluated against the requirements of the International Building Code (IBC) at the time a building permit application is submitted. Condition of Approval No. 2 addresses coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property The proposed patio serving area would be located directly west of the existing Baxter building and within an existing private drive between two adjacent properties, with the Baxter property being the owner on the east side. The private drive is not located within a dedicated public right-of-way; therefore, the City does not hold any property owner interests in the drive area. The outdoor restaurant use and affiliated serving area is compatible with and sensitive to the adjacent mix of uses and approved development relative to access, parking, circulation, and accessibility.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions Parking requirements are addressed with this CCOA and CUP application. The applicant supplied a parking analysis for the entire building and showed a supply of 152 parking spaces for the property, 52 of them located within an off-site parking garage and the remaining 100 supplied through the downtown parking Special Improvement District allocation (SID 565). Following all applicable parking reductions available to the nonresidential uses and B-3 zoned property, per Section 38.25.040.A.2, the building demonstrates a parking demand of 51 spaces. Staff finds the SID parking allocation to cover this demand.
6. Pedestrian and vehicular ingress and egress The Bozeman Distillery property, adjacent to the Baxter property on the west side, has been approved by the City of Bozeman Planning Division to construct an outdoor patio
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15447 Staff Report for the Baxter Hotel Patio Addition and On-Premises Consumption CCOA & CUP Page 13 of 18 serving area within their section of the privately owned drive. With that approval, it was required that a clear and free path be maintained between all outdoor serving areas. This path is currently shown on the Bozeman Distillery’s property and is reflected on the Baxter’s submitted site plan in Section 1 of this report. Condition of Approval No. 6 speaks to the removal of the curb cut and drive access for the private drive along Main Street. This condition was also required of the Bozeman Distillery property. Staff is encouraging the Baxter property owner to work in partnership with the Bozeman Distillery property owner to determine any opportunities in sharing the cost of such a removal.
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 Not applicable, there are no performance standards for properties located within the core of the B-3 zoning district.
8. Open space Not applicable. No additional residential uses are proposed with the application.
9. Building location and height Not applicable. No changes to the existing building are proposed.
10. Setbacks The proposed patio serving area is located on the private Baxter property. Buildings and accessory uses may be located to the property line as allowed by the B-3 zoning requirements.
11. Lighting The applicant is aware that any future lighting modifications must be reviewed in conformance with the BMC.
12. Provisions for utilities, including efficient public services and facilities There are existing utilities servicing the building and adequate services for the restaurant use. No changes to the water and sewer connections or private utilities are proposed with this application.
13. Site surface drainage Not applicable. No changes to the site are proposed that would impact existing drainage to perimeter streets.
14. Loading and unloading areas Per Condition of Approval No. 7, access to the private alley from the rear public alley should be limited to delivery vehicles only to avoid parked car stacking in the privatedrive. This may be accomplished with signage at the entrance to the private drive specifying delivery vehicles only.
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15. Grading Not applicable. No changes to the existing site are proposed.
16. Signage No signage is proposed with this application.
17. Screening No new mechanical equipment is proposed with this application. The applicant is aware that any future modifications must be reviewed in conformance with the BMC.
18. Overlay district provisions The property is located in the Neighborhood Conservation Overlay District. The proposed patio fencing is found to be appropriate for the site and surrounding historic district.
19. Other related matters, including relevant comment from affected parties No public comment was received with regard to this project as of the writing of this report. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members.
20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming;
or
The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming. Not applicable. The building is located on one lot.
21. Compliance with Article 43 of Chapter 38 of the Bozeman Municipal Code. Not applicable.
22. Phasing of development Not applicable.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC E. In addition to the review criteria of Section 38.19.100, the review authority shall, in approving a conditional use permit, determine favorably as follows:
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1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses
in the vicinity; The commercial mixed-use building at 105 West Main Street is located in close proximity to the downtown historic district with various uses including restaurant, office, residential and retail. The restaurant space allows for hotel guests, visitors, and residents to dine in Bozeman’s downtown core with easy accessibility. There is a range of commercial establishments with alcohol licenses in close proximity to this building including a brewery, distillery, and restaurants with both beer and wine and all-beverage licenses. Recommended Condition of Approval No. 2 requires a copy of the State Revenue Department alcohol license prior to serving. The patio service area is wholly enclosed by a perimeter barrier, meeting Montana Department of Revenue requirements. A gate allows emergency egress from the patio both from the front and back. The applicant is aware that no other tenants may be added and the sales of alcohol for on-premise consumption is limited to the approved indoor restaurant serving area and the outdoor restaurant patio serving areas as shown on the submitted site plan and floor plan drawings in Section 1 of this report. The main level of the hotel and the rear patio are proposed as supplementary alcohol consumption areas typically associated with specific events. Staff finds the site adequate in size and topography to accommodate the sales of alcohol for on-premise consumption.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the
burden of proof; With the Community Development recommended conditions of approval and the CUP Code Provisions of the BMC, the application complies with the Unified Development Code. Staff included Condition of Approval No. 3 allowing the City of Bozeman to revoke the right to serve alcohol to patrons based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container waiver, minor in possession of alcohol, or any other applicable law regarding consumption and/or possession of alcohol. There is adequate parking and pedestrian access, and municipal services are sufficient to serve the proposed use. Staff finds that the sales of alcohol for on-premise consumption will have no material adverse effect upon abutting properties.
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3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the City in an
orderly and efficient manner. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval and findings within this report. Several of these are standard conditions of approval that the City has consistently applied to alcohol-serving establishments and conditional use permits.
F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the county clerk and
recorder's office by the property owner prior to the issuance of any building
permits, final plan approval or commencement of the conditional use. The necessary recording of documents must be addressed prior to occupancy of the tenant space. Code Provision A, related to Conditional Use Permit approva, is cited in
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15447 Staff Report for the Baxter Hotel Patio Addition and On-Premises Consumption CCOA & CUP Page 17 of 18 Section 3 of this report. A document to be recorded will be provided by the City following preliminary approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned as B-3, Central Business District. The intent of the B-3 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. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the B-3 area outside the above-defined core.”
Adopted Growth Policy Designation: The subject property is designated as Community Core in the Bozeman Community Plan. The plan states; “The traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high, with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Background The existing Baxter Hotel is an approximately 50,000 square foot, mixed-use building that was constructed in 1929. The building is comprised of multiple restaurants/bars, public ballroom/meeting room spaces, business offices and residential condominium units. The property has a permitted State of Montana liquor license affiliated with all existing serving areas. The license and sales of alcohol for on-premises consumption predates the City’s Conditional Use Permit requirements for such a use.
Project Summary A combined Commercial Certificate of Appropriateness (CCOA) and Conditional Use Permit (CUP) application was submitted to the Planning Division of Bozeman’s Department of Community Development requesting the addition of an exterior patio serving area located west of the existing building addressed at 105 West Main Street, which is within the B-3 (Central Business) zoning district. The property is historically
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15447 Staff Report for the Baxter Hotel Patio Addition and On-Premises Consumption CCOA & CUP Page 18 of 18 known as The Baxter Hotel and is a contributing historic resource in the Main Street Historic District. The CCOA is required for the patio addition to the building since it includes a fence and is deemed an exterior alteration to the building. The CUP is required for the expansion and further development of an existing use area for the sales of alcohol for on-premises consumption on a site legally developed prior to September 3, 1991 (per Section 38.19.140 Bozeman Municipal Code). The further development is determined to contain significant alterations and requires a new development review application because it is expanding a conditional use. Therefore, the CUP will recognize both the site’s existing serving area and the proposed expanded serving area. No deviations or variances are requested with this application.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on March 27 & April 3, 2016. Notice was posted on site on March 25, 2016. No public comment was received in regard to this project. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Baxter Main, LLC., 105 West Main Street, Suite A, Bozeman, MT 59715
Applicant: Robin Bar, Inc., dba Baxter Hospitality, Inc., 105 West Main Street, Bozeman, MT 59715
Representative: Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715
Report By: Allyson B. Brekke, Associate Planner
FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. ATTACHMENTS The full application and file of record can be viewed at the Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
257
Baxter Hotel Patio Addition
105 West Main Street
Conditional Use Permit / COA 15-447
Sales of Alcohol for On-Premises Consumption
January 2016 Resubmittal
(originally Submitted September 2015)
Prepared by:
258
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
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:
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Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
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. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
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Development Review Application A1 Page 3 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
B. 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 i s 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
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
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CUP
Conditional Use Permit Required Materials CUP Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Required Forms:
CONDITIONAL USE PERMIT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets Complete and signed development review application form A1 Plan sets that include all conditional use permit checklist items below unless otherwise provided in another application type Only If new building construction, plan sets that include all required items listed on the site plan checklist forms SP and SP1 Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1set that include 11 x 17 inch plans 2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. 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 APPLICATION FEE Base fee $1,470 Additional application fees may apply if new construction. Application types and fees are cumulative. CONDITIONAL USE PERMIT CHECKLIST 1. Project Narrative providing a thorough description of what uses are being proposed and how they will function on the site and including detailed responses to the following: a. Response to the requirement that requires that the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces walls and fences, parking loading and landscaping are adequate to property relate such use with the land and uses in the vicinity; b. Response to the requirement that the proposed use will have not materials adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; and c. Response to the requirement of any special conditions of approval necessary to protect the public health, safety and general welfare 2. Location/vicinity map, including area within one-half mile of the site 3. 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. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. 4. Floor plans showing floor layout including square footage and proposed use for each room and area within the building. Suggested scale of ¼ to one foot. 5. For alcohol production sales and serving and gaming uses the floor plan shall show complete floor layout of restaurant with production/manufacturing/kitchen uses, gaming area and restaurant serving areas (seating) by location and square footage 6. Parking calculations for all uses, including detailed calculations of deductions, if proposed
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Conditional Use Permit Required Materials CUP Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Required Forms:
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
263
CCOA
Commercial COA Required Materials CCOA Page 1 of 3 Revision Date 1-05-16
Required Forms: A1, N1 (if deviation) Recommended Forms: Presentation of submitted plans and specifications
COMMERCIAL/NONRESIDENTIAL CERTIFICATE OF
APPROPRIATENESS 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 $335
If deviation add: $215 per deviation
Application types and fees are cumulative.
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
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.
264
Commercial COA Required Materials CCOA Page 2 of 3 Revision Date 1-05-16
Required Forms: A1, N1 (if deviation) Recommended Forms: Required Forms:
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, 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 1 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.
14. If the proposal includes a request for a dev iation 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.
265
Commercial COA Required Materials CCOA Page 3 of 3 Revision Date 1-05-16
Required Forms: A1, N1 (if deviation) Recommended Forms: Required Forms:
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 propertie s 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
266
267
ADJOINERS LIST
CGS Group Ltd
Jon Edwards c/o Schnees Inc.
121 W. Main St.
Bozeman, MT 59715
Downtowners Group LLC
c/o Russell Caspec
13 S. Wilson Ave. Ste. 13
Bozeman, MT 59715
Montex Holdings LLC
4050 W. Babcock St. Apt. 30
Bozeman, MT 59718
Montana Hills, LLC
1417 S. 5th Ave.
Bozeman, MT 59715-5521
Anthony & Robert Waller
3811 Munson Rd.
Falls Church, VA 22041
Bruce A Rinnert Trust
PO Box 7
McLeod, MT 59052
T & Me LLC
1417 S. 5th Ave.
Bozeman, MT 59715-5521
High Country Mall LLC
c/o Alice K Trust and Calvin Smith
PO Box 127
Harrison, MT 59735-0127
Fives The Most LLC
PO Box 6429
Bozeman, MT 59771-6429
Dutton Development LLC
1400 N. Rouse Ave.
Bozeman, MT 59715-2941
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
Help Center Inc.
421 E. Peach St.
Bozeman, MT 59715-3029
Etxea Hospitality LLC
PO Box 370
Buffalo, NY 82834-0370
Sarah Epstein
6856 Tulip Hill Terrace
Bethesda, MD 20816
42 W Main LLC
41 Hitching Post Rd. Unit C
Bozeman, MT 59715-9400
Stephanie Ann Schriock
3225 Valley Dr.
Alexandria, VA 22302
The Imperial Four Hundred LLC
3131 Sentinel Dr.
Bozeman, MT 59715-8750
Bangtail Partners LLC
c/o Harris Mycfo
136 W. Main St.
Bozeman, MT 59715
Baxter Main LLC
105 W. Main St., Ste. A
Bozeman, MT 59715
Hamilton Property Management LLC
7540 Mystic Heights Dr.
Bozeman, MT 59715-9550
Mary M Bartlo
712 S Wilson Ave.
Bozeman, MT 59715
MCMW LLC
35 W. Main St.
Bozeman, MT 59715
Arthur John Thompson
22005 6th Ave. S. Apt. 308
Des Moines, WA 98198
Baxter Mezz LLC- Baxter HOA
101 W. Main St.
Bozeman, MT 59715
Charlene M Woodcock
2355 Virginia St.
Berkeley, CA 94708
Camille Kostelecky
36 W. Main St.
Bozeman, MT 59715
268
Geoffrey C & Carrie A Angel
803 W Babcock St.
Bozeman, MT 59715
Barbara Allen Trustees
81-937 Makahiki Ln.
Captain Cook, HI 96704
Steven C. VanAntwerp
414 N. 15th Ave.
Bozeman, MT 59715
Craig Fetterman
1370 E Mountain St.
Pasadena, CA 91104
David Loseff
PO Box 850
Bozeman, MT 59771
Ian Gordon Harrison
Julie Catherine O’Brien
105 W Main St. Unit 6A
Bozeman, MT 59715
Jennifer & Gregg W Fait
124 Hitching Post Rd
Bozeman, MT 59715
Pony Creek Partners LLC
108 S Main St.
Livingston, MT 59047
Kathleen D Curotto
Rev Lvg Trust
652 N New Ballas Rd.
St. Louis, MO 63141
Douglas & Joyce Miller
1002 Zachariah Ln
Bozeman, MT 59718
Jonna Stiles Kurucz
5 Holman Ln.
Greenwich, CT 06870
Albertina Edelblut
708 Dry Gulch Rd.
Townsend, MT 59644
Robert Fletcher
3315 Stucky Rd.
Bozeman, MT 59718
Elizabeth Sennett 2012 Rev Trust
1285 Cabrillo Ave.
Burlingame, California 94010
Karen S. Basile
41 Hitching Post Rd., Unit C
Bozeman, MT 59715
Baxter Home Owners Association
P.O. Box 1862
Bozeman, MT 59771
269
PROJECT NARRATIVE
The existing Baxter Hotel Building is an approximately 50,000 SF mixed use structure built in
1929. The building is comprised of multiple bar/restaurants, ballroom/meeting room space,
offices, and originally hotel rooms. The hotel rooms were converted into residential
condominiums in 1982. The property has a full state liquor license, which was recently approved
to expand into the area in this proposal. The license and use predates Conditional Use Permitting,
resulting in a lawful non-conforming use.
Baxter Main, LLC is requesting an expansion to the current Baxter Hotel furthermost western
space for ‘sales of alcohol for on premises consumption’. This area will include a small exterior
patio, to be developed on Baxter Hotel private property in what is currently acting as a de facto
driveway, delivery zone and auxiliary parking area. The estimated 1,000 square foot patio
perimeter will be defined by a railing system.
The perimeter railing will be designed to accommodate required egress routes for existing uses
including the building fire escape and Bacchus Pub patio. The north end of the property, not
enclosed in a railing system, will continue to serve as a delivery zone for existing uses. At this
time, specifics of the barrier have not been selected. The applicant is cognizant of the
requirement by Montana Department of Revenue’s Liquor Control statutes expressing ‘A
perimeter barrier as stated in Code means; a barrier enclosing the perimeter of the patio/deck
portion of the licensed premises which defines the boundary of the licensed premises in a way
that clearly marks for patrons, licensees, licensees’ employees, investigators, local law
enforcement or other interested parties where consumption of alcohol is allowed and impedes
access to the service areas by underage persons or others who may attempt to enter the premises
without the licensee’s knowledge.’ In addition, the client is aware that ‘A perimeter enclosure
shall consist of a fence or wall at least three (3) feet high or an alternative barrier that
accomplishes the same purposes and is approved by the department. A perimeter barrier may be
with or without entrances from the parking lot, sidewalk or other areas beyond the patio or deck
regardless of whether those areas beyond the licensed premise are land or water.’ The perimeter
barrier will be contiguous to the licensed structure and designed to accommodate all mandatory
egress routes to avoid pedestrian conflicts with any traffic in the driveway. The north-west end
of the parcel, not enclosed in a railing system, will continue to function as a delivery zone, waste
and recycling services as well as for emergency vehicle access during business hours.
270
The proposed use will be seasonal in nature and may include intermittent shade structures for
spring and summer months, lighting for evening use in addition, temporary heating elements,
portable serving bar and any required safety measures to comply building codes. These
elements will be defined and submitted for prior review and approval as necessary. Limited
seating and tables will be provided in this relatively small space and configuration will comply
with all building codes.
The applicant is aware of the use approved (Application 15-301) for the Bozeman Spirits and
Distillery, as well as the required closure and replacement of the existing drive approach from
Main Street. The projects will be similar but separate and have no substantive impacts on each
other. Essentially, two currently undeveloped areas of private property are being improved for
outdoor areas promoting a positive addition to the vitality and connectivity of Downtown
Bozeman.
Note: the State has reviewed the expansion area and has given approvals, based on obtaining
any necessary local planning and building permits. At this time, the applicant is simply seeking
approval for the expanded area designated. Further permit applications will be submitted for
specific operational details.
Conditional Use Permit Checklist Item 1:
Project NarraƟve providing a thorough descripƟon of what uses are being proposed and how
they will funcƟon on the site and including detailed responses to the following:
a. Response to the requirement that requires that the site for the proposed use is
adequate in size and topography to accommodate such use, and all yards, spaces
walls and fences, parking loading and landscaping are adequate to properly
relate such use the land and uses in the vicinity.
The project is located within the B3 District (Central Business) and the
Bozeman Neighborhood ConservaƟon Overlay District. The project is
consistent with the Bozeman Community Plan and the Downtown Design
Guidelines and Standards and the 2009 Downtown Improvement Plan. The
relaƟvely small service area represents a minor expansion of exisƟng
condiƟons and uses.
271
The project site is adequate in size and topography to accommodate the
proposed use. The proposed improvements are adequate to properly relate
the acƟviƟes with the land and other uses in the adjacent vicinity. Adjacent
uses in the immediate vicinity include similar and significant commercial uses
with typical business district vehicular/pedestrian paƩerns.
b. Response to the requirement that the proposed use will not have material
adverse effect upon the abuƫng property. Persons objecƟng to the
recommendaƟons of review bodies carry the burden of proof; and retail and
restaurants are principal uses allowed within the B3 District and will not have
any material adverse effects upon the abuƫng properƟes.
The new area will be similar and complementary to exisƟng Baxter building
mulƟple outdoor paƟo areas, as well as be consistent to and comply with the
UDC requirements. The property to the west (Bozeman Spirits and DisƟllery)
was permiƩed (15-301) for an outdoor paƟo and related improvements. With
the similar uses and the urban downtown seƫng, the proposed use will not
have material adverse effect upon the abuƫng property.
c. Response to the requirement of any special condiƟons of approval necessary to
protect the public health, safety and general welfare.
There are no special condiƟons of approval necessary to protect the public
health, safety and general welfare. Perimeter fencing will conform to state
licensing requirements and will be similar to what is used for sidewalk seaƟng
areas in Bozeman and other tradiƟonal downtown seƫngs.
272
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Subject Property
City of Bozeman GIS
Aerial Image: April 21, 2015
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273
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Main Street
looking North
Driveway
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274
R¥ÙÄ P«ÊãÊÝ
Driveway
looking Northeast
Driveway
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Approximate
property lines
275
16
R®½®Ä¦ CÊÄÖã
xProfessionally fabricated aluminum railing secƟons
xDemountable assembly (seasonal)
xIntegrated fabric side panels
276
Existing PatioExisting PatioExisting PatioProposed PatioExpansionFuture Distillery Patio Expansion277
EGRESS
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Available Parking 52SID 565 100 spacesTOTAL 152 SpacesBasic CalculationUse Net SF Factor SpacesRetail 100 300 0Office 5972 250 24Indoor Restaurant Serving Area 6136 50 123[1410 SF Baccus; 3164 SF Teds; 1562 Cellar 105]Outdoor Restaurant Serving Area 3741 100 37[2003 SF north patio; 738 SF Main Street patios; 1000 SF west patio]Meeting Hall 150 1 per 4 seats 3820 Residences (B3) 1 per unit 20242 required spacesB-3 Available ReductionsUse Net SF less 3000 SF Factor Spaces ReductionsTOTAL SpacesRetail100300 0 65% 0.0Office5972250 24 15% parking gar. + 10% transit + 20% B3 Office 45% 13.1Indoor Restaurant Serving Area61363136 50 63 15% parking gar. + 10% transit + 50% B3 Rest 75% 15.7Outdoor Restaurant Serving Area3741100 37 15% parking gar. + 10% transit + 60% B3 Rest 85% 5.6Meeting Hall1501 per 4 seats 38 15% parking gar. + 10% transit + 30% B3 Other 55% 16.920 Residences (B3)n/a1 per apt 20 Deduct on-street parking (7) + 50% mixed use reduction 0.551.8 Adjusted Req. SpacesGross SF UseBasement10400.0 restaurant/mech/storFloor 111200 restaurants/retailMezzanine7500 meeting/officesFloor 24500 officesFloor 34500 5 aptsFloor 44500 5 aptsFloor 54500 5 aptsFloor 64500 5 aptsTOTAL 51600 100.0%TOTAL NON RESIDENTIAL 33600 65.1%TOTAL RESIDENTIAL 18000 34.9%existing spaces (Adjacent Baxter Garage)Baxter Hotel Parking Analysis281
5 5282
6 6283