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16052, Staff Report for the 119 E. Main Street On-Premise Consumption of
Alcohol Conditional Use Permit
Date: City Commission Public Hearing April 25, 2016
Project Description: A Conditional Use Permit (CUP) application to allow the sales of
alcohol for on-premise consumption in an existing restaurant tenant space.
Project Location: The property is addressed at 119 East Main Street and is legally
described as Lot 6, Block E, Bozeman Original Plat, S07, T02S, R06E, 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 16052 and move to approve the 119 E. Main Street
On-Premise Consumption of Alcohol Conditional Use Permit with conditions and
subject to all applicable code provisions.”
Report Date: Thursday, April 14, 2016
Staff Contact: Andrew Boughan, Planning Technician
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues with this application.
Project Summary
A Conditional Use Permit (CUP) application was submitted to the Department of
Community Development for the property addressed at 119 E. Main Street. The 119 E Main
Street restaurant tenant space was the previous home of Montana Fish Company. The CUP
application is requesting permission for sales of alcohol for on-premise consumption in an existing restaurant space. No outdoor service areas are proposed with this application. The
sale of alcohol for on-premise consumption is a conditional use in the B-3 (Central Business
District).
No deviations or variances are requested with this application.
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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
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 3 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC...................... 9
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 10
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 10
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 13
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 16
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 16
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 17
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 17
FISCAL EFFECTS ................................................................................................................. 17
ATTACHMENTS ................................................................................................................... 18
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SECTION 1 - MAP SERIES
Figure 1 - Zoning
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Figure 2 - Current land use
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Figure 3 - Community Plan future land use
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Figure 4 - Street View
Figure 5 - Parking Diagram
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Figure 6 - Proposed Interior and Connection
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report.
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 must be
submitted to the Department 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 waiver, 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. If not already existing, a grease interceptor conforming to the latest adopted edition of the
Uniform Plumbing Code must be installed with any development responsible for food
preparation. In accordance with Bozeman Municipal Code (BMC) 40.03.960, on-site
maintenance and interceptors service records must be kept on a regular basis and made
available to the City upon request.
6. If not already existing, a backflow preventer must be added to the existing water service
inside the building for protection of the public water supply (BMC 40.02.750). The applicant
shall arrange an inspection with the City Backflow and Cross Connection Specialist (Jubal
Whitlock) at the City’s Water and Sewer Division to obtain a determination of status of the
backflow preventer.
7. The applicant must submit a construction route map with the final plan dictating how
materials and heavy equipment will travel to and from the site (BMC 38.39.020.A.1). It shall
be the responsibility of the applicant to ensure that construction traffic follows the approved
routes.
8. All construction activities shall include routine cleaning/sweeping of material that is dragged
to adjacent streets (BMC 38.39.020.A.2). The City may require a guarantee at any time
during construction to ensure that all damage repair or required cleaning is complete. The
developer shall be responsible to reimburse the City for all cost associated with the work if it
becomes necessary for the City to correct any problems that are identified.
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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.
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.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: 119 E. Main Street On-Premise Consumption CUP, Application 16052
The Development Review Committee (DRC) considered the Conditional Use Permit
application to allow the sales of alcohol for on-premise consumption in the restaurant tenant
space addressed as 119 E. Main Street. The DRC recommended conditional approval at its
March 30, 2016 meeting.
The City Commission is scheduled to hold a public hearing and review the application at its
April 25, 2016 meeting.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
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 analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
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. The 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 for the 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 for the interior tenant
improvements. Condition 2 addresses coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property
The purpose of this CUP is to allow a concession agreement for beer and wine with 117 E.
Main Street by creating a passage between the two buildings. The anticipated tenant
improvements will accommodate the proposed use. No exterior changes will occur with the
proposed project. The applicant is aware that any future exterior changes to the building will
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require a Certificate of Appropriateness. The site will function as it does today, adding to the
variety of restaurants located in the downtown core. Its close proximity to venues with beer
and wine and all-beverage licenses will be a continuation of the current trends taking place in
the B-3 zoning district.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
No change in restaurant use is proposed. Traffic is not expected to increase with this
application. There are four off-street spaces for the use of restaurant staff located on the
property to the north of the building. The tenant space will remain under 3000 square feet
and is therefore exempt from the B-3 zoning district parking requirements pursuant to BMC
38.25.040.c.5.
6. Pedestrian and vehicular ingress and egress
There is sufficient pedestrian and vehicular access with the existing sidewalk network in the
B-3 district to serve the expected demand. On-street parking stalls are located along East
Main Street with an ADA accessible parking space located at the end of the block. Primary
ingress/egress will be at the building’s entrance along East Main Street.
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. No changes to the existing site are proposed.
8. Open space
Not applicable. Open space is not required for commercial uses.
9. Building location and height
The proposed interior changes will not alter building location or height.
10. Setbacks
The building conforms to the required setbacks of the B-3, Central Business, zoning district.
11. Lighting
Not applicable. No new lighting is proposed with this application. The applicant is aware that
all lighting must meet the standards set forth in 38.23.150, BMC.
12. Provisions for utilities, including efficient public services and facilities
It is unknown if a grease interceptor is currently installed or if backflow prevention exists for
the building’s water service. With recommended Conditions 5 and 6, installation of a grease
interceptor and backflow preventer is required if these devices are not already present on the
site. Water, sewer, and stormwater will have no increased impact on City services due to the
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site remaining within its current building shell. The fixtures counts will be reviewed by the
Building Division to ensure adequate sizing of services.
13. Site surface drainage
No changes to the existing site are proposed. Building runoff drains to the City stormwater
system.
14. Loading and unloading areas
No formal loading areas are required with this application. Existing loading and unloading
zones will remain the same, with access from the north side of the property from the rear
entrance along the alleyway.
15. Grading
Not applicable. No changes to the existing site are proposed.
16. Signage
The applicant is aware of the requirement of a sign permit with a Certificate of
Appropriateness for any future signage.
17. Screening
Not applicable. No changes to the existing site are proposed.
18. Overlay district provisions
The project is located in the Neighborhood Conservation Overlay District but no changes
requiring a Certificate of Appropriateness are proposed with this CUP application.
19. Other related matters, including relevant comment from affected parties
No public comment was received in 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.
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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.
A shared access easement has been signed between Robert Evans and Luke Welborn
granting the employees of 119 East Main Street access to 117 East Main Street via a door on
the north side of the building for the exchange and sale of alcohol and other foodstuffs for the
duration of 10 years.
21. Compliance with Article 43 of Chapter 38 of the Bozeman Municipal Code.
Not applicable. Affordable housing is not required for this commercial use.
22. Phasing of development
No phasing is proposed for this project.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
In addition to the review criteria of section 38.19.100, BMC, 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 commercial building at 119 E. Main Street is located in the downtown historic district
with various uses including retail, offices, restaurants, and residential. The restaurant space
allows residents and visitors 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 restaurants, breweries, and distilleries with both beer and wine and all-
beverage licenses. Recommended Condition 2 requires a copy of the State Revenue
Department alcohol license prior to serving.
The subject property abuts the north side of Main Street and has rear connections to an alley.
The building is primarily accessed by pedestrian travel from the southern sidewalk adjacent
to East Main Street. The location of the building is compatible with the increased pedestrian
activity associated with the Central Business District.
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The proposed serving area for alcohol consumption is located within an existing building.
The applicant is aware that no other tenants may be added to the building.
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 required code
provisions the application complies with the Unified Development Code. Staff included
Condition 3 allowing the City of Bozeman to revoke the right to serve alcohol to patrons
based on substantial complaints from the public or from the Police Department regarding
violations of the City of Bozeman’s open 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 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
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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 is cited in Section 3 of this report related to Conditional Use Permit
approval. 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 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
Conditional Use Permit Application 16052 was submitted to the Department of Community
Development for the building at 119 E. Main Street. The CUP application is requesting
permission for the sales of alcohol for on-premise consumption in an existing restaurant tenant
area. The sales of alcohol for on-premise consumption is a conditional use in the B-3, Central
Business District. The subject property is located mid-block on East Main Street between Black
Avenue and Bozeman Avenue on the north side of the street.
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No exterior changes to the site or building are proposed. No deviations or variances are requested
with this application. The site plan shows the proposed alcohol service area in an existing
restaurant tenant space for a single restaurant tenant. The sales of alcohol for on-premise
consumption is limited to the interior restaurant serving areas shown on the site plan. The
neighboring tenant space that will be sharing the alcohol license will have no change to its
serving area. No restaurant serving area may be added without review by the Department of
Community Development. The Conditions of Approval must be signed by the property owner
and recorded prior to occupancy of the tenant space and a copy of the alcohol license must be
submitted to the Department of Community Development prior to serving.
At its March 30, 2016 meeting, the Development Review Committee voted unanimously to
recommend approval of the CUP application with conditions identified in this report.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice was
published in the Bozeman Daily Chronicle on April 10 & April 17, 2016. Notice was posted on
site on March 29, 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: Robert Evans, 604 S. Willson Avenue, Bozeman, MT 59715
Applicant: Luke Welborn, PO Box 6507, Bozeman, MT 59771
Representative: Luke Welborn, PO Box 6507, Bozeman, MT 59771
Report By: Andrew Boughan, Planning Technician
FISCAL EFFECTS
No unusual fiscal effects have been identified.
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ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
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February 2, 2016
RE: 119 Kitchen remodel Narrative
The purpose of this application is to gain approval for a remodel of the property
located at 119 E Main, Bozeman, MT 59715. The current use is restaurant/retail
and the proposed use is the same. Our intention is to expand the current
kitchen/cooking space from it’s existing location to the north of the building. We
will also install new restroom facilities and clean up the current dining room area.
We will make no exterior changes to the front of the restaurant. We intend to install
a hood vent on the rear (north) of the building and this will be the full extent of the
exterior alterations to the building.
In conjunction with this proposal, we intend to extend the sale of alcohol into this
space via a concession agreement with the neighboring business (Zócalo). To
facilitate this, we will install a pass-through door in the rear of the building creating
a common area between the two spaces.
Both businesses are owned by the same person and leased by the same person.
They will share the same hours.
Thank you,
Luke Welborn
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Existing Basement Plan
Scale: 3/16” = 1’0”
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Current Ground Floor Plan
Scale: 3/16” = 1’0”
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A
B
C
1
2
3
4
5
D
F
E
H
G
Room Key:
A - ADA Restroom
B - Zocalo Coee Sales Area
C - New 119 Kitchen
D - Connecting Hall
E - 119 Restroom 1
F - 119 Restroom 2
G - New 119 Prep Bar Area
H - 119 Dining Area
Proposed Ground Floor Plan
Scale: 3/16” = 1’0”
Signicant Changes Key:
1 - Sliding Door Access
Between 117 & 119
2 - Electric Box Relocation
3 - Hood Vent Exhaust
4 - Spanning Structure
Replaces Wall
5 - Spiral Stair
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Existing Second Floor Plan
Scale: 3/16” = 1’0”
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