HomeMy WebLinkAbout2012_CITY COMMISSION MEMORANDUM_FRESCO CAFECommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Bristor, Associate Planner
Tim McHarg, Planning and Community Development Director
SUBJECT: Fresco Café Creekside On-Premise Consumption of Alcohol Conditional
Use Permit and Certificate of Appropriateness, File #Z-12150
MEETING DATE: August 6, 2012
AGENDA ITEM TYPE: Action Item (Quasi-Judicial)
RECOMMENDATION: Conditional approval of a Conditional Use Permit and Certificate
of Appropriateness (CUP/COA) application to allow a tenant space
to change from warehouse use to restaurant use with associated site
improvements at the building addressed as 317 East Mendenhall
Street.
RECOMMENDED MOTION: “Having reviewed the application materials, heard public
comment, and considered all of the information presented, I move to approve the Fresco
Café Creekside Conditional Use Permit and Certificate of Appropriateness application No.
Z-12150, incorporating by reference the findings included in the staff memo and the staff
recommended conditions.”
BACKGROUND: An application was submitted to the Department of Planning &
Community Development requesting a Conditional Use Permit (CUP) and Certificate of
Appropriateness (COA) for the property located at 317 East Mendenhall Street. An existing
commercial structure exists on the site that is currently being used as office and warehouse. The
CUP/COA application is requesting a tenant space in the building to change from warehouse use
to restaurant use. The conditional use permit is required for sale of alcohol for on-premise
consumption, and the certificate of appropriateness is required for proposed exterior alterations,
including the addition of exterior building lights, awnings and other site improvements. The
restaurant business will have seating both inside and outside of the building, which will be
included in service area for sale of alcohol for on-premise consumption.
Bozeman Creek is directly adjacent to this property. It runs along the west perimeter of the
property. Due to the proximity of the creek, the applicant has to identify the floodplain area on
the property. Depending on the level of the base flood level and the new floor level of the
proposed restaurant, which will be reviewed by the Engineering Department, certain conditions
may apply to the development.
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On July 19, 2012, the Development Review Committee recommended conditional approval of
this CUP/COA application and their recommended conditions, code citations and comments are
included in the attached staff report.
The City will require proof of alcohol license approval from the Montana Department of
Revenue prior to the restaurant’s final occupancy of the building.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: Alternative actions for the City Commission to consider relative to this
item include the following:
1. As recommended, approve the Conditional Use Permit and Certificate of Appropriateness
CUP/COA) application subject to the staff recommended conditions.
2. Approve the Conditional Use Permit and Certificate of Appropriateness (CUP/COA)
application subject to revised conditions.
3. Deny the Conditional Use Permit and Certificate of Appropriateness (CUP/COA)
application based on findings that the proposal does not comply with the applicable
criteria and standards of the UDC.
4. Continue Conditional Use Permit and Certificate of Appropriateness (CUP/COA)
application with specific direction for additional information to Staff and/or the applicant.
FISCAL EFFECTS: None identified.
Attachments: Staff Report
Application Materials
Report compiled on: July 25, 2012
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City Commission Staff Report for the Fresco CaféCreekside/On-Premise Consumption of Alcohol CUP/COAFile #Z-12150
Item: A Conditional Use Permit and Certificate of Appropriateness application to allow a tenant space to
change from warehouse use to restaurant use at the building addressed as 317 East Mendenhall Street. The
conditional use permit is required for sale of alcohol for on-premise consumption, and the certificate of
appropriateness is required for proposed exterior alterations, including the addition of exterior building lights,
awnings and other site improvements.
Property Owners: Everett and Marla Cope, 416 North 23rd Avenue, Bozeman, MT 59715
Applicant: Fresco Café Inc., c/o William Neubauer, 200 North 7th Avenue, Bozeman, MT 59715
Representative: Mark Weirich, 416 West Koch Street, Bozeman, MT 59715
Date: City Commission Meeting on Monday, August 6, 2012 at 6:00 p.m., in the City Commission Meeting
Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Allyson Bristor, Associate Planner
Recommendation: Conditional Approval
Project Location
The subject property is addressed as 317 East Mendenhall Street and is legally described as Lots 14, 15 and 16,
Block I, Original Townsite, City of Bozeman, Gallatin County, Montana and is within the boundaries of the
Neighborhood Conservation Overlay District. The property is zoned B-3 (Central Business District). Please see
map below.
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Proposal
An application was submitted to the Department of Planning & Community Development requesting a
Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) for the property located at 317 East
Mendenhall Street. An existing commercial structure exists on the site that is currently being used as office and
warehouse. The CUP/COA application is requesting a tenant space in the building to change from warehouse use
to restaurant use. The conditional use permit is required for sale of alcohol for on-premise consumption, and the
certificate of appropriateness is required for proposed exterior alterations, including the addition of exterior
building lights, awnings and other site improvements. The restaurant business will have seating both inside and
outside of the building, which will be included in service area for sale of alcohol for on-premise consumption.
Bozeman Creek is directly adjacent to this property. It runs along the west perimeter of the property. Due to the
proximity of the creek, the applicant has to identify the floodplain area on the property. Depending on the level of
the base flood level and the new floor level of the proposed restaurant, which will be reviewed by the Engineering
Department, certain conditions may apply to the development.
On July 19, 2012, the Development Review Committee recommended conditional approval of this CUP/COA
application and their recommended conditions, code citations and comments are included in this report.
The City will require proof of alcohol license approval from the Montana Department of Revenue prior to the
restaurant’s final occupancy of the building.
Recommended Conditions of Approval
Based on the subsequent analysis, the Development Review Committee and Planning Staff find that the
application, with conditions and code provisions, is in general compliance with the adopted Growth Policy and
the City of Bozeman Unified Development Code. The following conditions of approval are recommended. Please
note that these conditions are in addition to the required code provisions beginning on page 6 of this report.
Recommended Conditions of Approval
Planning Department Recommended Conditions:
1. The existing asphalt area shall no longer be used for parking. All painted lines indicating parking spaces
shall be removed from the asphalt, as well as any related signage.
2. The existing asphalt area shall be identified as a “loading/unloading area” on the site plan drawings.
Appropriate signage shall be installed on site to indicate the “loading/unloading area.” All
loading/unloading” signage shall be shown on the site plan drawings.
3. Removable bollards shall be added at the front property line within the existing drive aisle. The design
and location of the bollards shall be indicated on the site plan drawings.
4. A comprehensive sign plan shall be submitted for the building. The amount of sign square footage
permitted for each tenant space shall be identified in the comprehensive sign plan, as well as general
design guidelines (type of mounting, type of materials, etc.).
5. A Sign Permit/Certificate of Appropriateness application shall be reviewed and approved by the Planning
Department prior to the construction and installation of any on-site signage affiliated with building
tenants. This may be done in conjunction with the Final Site Plan application.
6. The location and design of the required bike parking shall be shown on the site plan drawings.
7. The material of the proposed windows and doors shall be noted on the site plan drawings.
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8. The proposed design of the exterior lights shall be revised to be full cut-off fixtures and shall be revised
on the site plan drawings.
9. Revised parking calculations shall be added to the site plan drawings and shall include all applicable
reductions available to properties in the B-3 zoning district. When calculating parking, the building is
considered to have 5.2 spaces through the Downtown Parking Special Improvement District. These
spaces can be considered an initial parking balance for the building. The new use shall demonstrate to
provide adequate parking.
10. A trash dumpster location shall be shown on the site plan drawings and is subject to approval by the
City’s Sanitation Department.
11. All mechanical equipment added to the building for the new restaurant use, whether building or roof
mounted, must be completely screened. Any proposed mechanical equipment screening shall be shown
on the site plan drawings.
12. Pedestrian amenities shall be added to the asphalt area, such as benches, planter boxes, etc. to help
encourage use of the area as a place to enjoy the proximity of Bozeman Creek. All amenities shall be
shown on the site plan drawings.
13. Alcohol shall only be served within the serving spaces of the building and roof deck patio as shown on
the submitted floor plans in this application. Alcohol shall not be served on the surrounding lawn and
yard area outside.
14. A copy of the State Revenue Department liquor license for the restaurant shall be submitted to the
Department of Planning & Community Development prior to the sale of alcoholic beverages.
15. The right to serve alcohol to patrons is revocable according to the provisions in BMC 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.
16. 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.
Engineering Department Recommended Conditions
17. A FEMA Elevation Certificate shall be provided prior to Final Site Plan approval.
18. If the finish floor of the proposed structure is lower than the base flood elevation as documented by the
FEMA Elevation Certificate, the applicant shall provide information to determine if ‘Substantial
Improvement’ to the structure is being proposed, as defined in §38.42.3060 Bozeman Municipal Code.
19. If ‘Substantial Improvement’ is occurring to the existing building, a floodplain development permit
meeting the commercial flood proofing standards of Article 31, Chapter 38 BMC shall be obtained prior
to Final Site Plan approval.
20. The applicant shall provide calculations to determine if the existing water service to the building is
adequately sized to serve the proposed building. If calculations indicate that a larger water service is
necessary, the existing water service shall be abandoned at the main and a new service constructed. The
incremental difference in impact fees shall be provided if a larger water service is required.
Zoning Designation & Land Uses
The 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
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appropriate to such a focal center with inappropriate uses being excluded.
The following land uses and zoning are adjacent to the subject property:
North: Office use (Bozeman City Hall), zoned “B-3”
South: Medical office use and office use, zoned “B-3”;
East: Office use, zoned “B-3”;
West: Bozeman Creek and surface parking lot, zoned “B-3”.
Adopted Growth Policy Designation
The Future Land Use Map of the updated Bozeman Community Plan designates the subject property to develop as
Community Core.” The area within the Community Core category contains the traditional core of Bozeman, 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.
COA Review Criteria & Staff Findings
The below comments pertain to the exterior alterations proposed for the building and their appropriateness for
the surrounding commercial area.
Section 38.16.050 “Standards for Certificates of Appropriateness”
A. All work performed in completion of an approved Certificate of Appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the Treatment of
Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic
Buildings (Published 1995), published by U.S. Department of the Interior, National Park Service, Cultural
Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for
review at the Department of Planning).
The Secretary of the Interior’s Standards do not apply to this application since the structure is not 50 years old.
B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of
proposed alterations with original design features of subject structures or properties, and with neighboring
structures and properties, shall focus upon the following:
1. Height;
No change in the building’s height is proposed.
2. Proportions of doors and windows;
The restaurant is proposing new door entrances and windows on the south, north and west elevations of its portion
of the building. The proportion and size of the new doors and window units are appropriate for the building.
3. Relationship of building masses and spaces;
No change is occurring to the building mass, as no additions are proposed. The asphalt area in front of the
building will no longer be used for parking and cars. An outdoor seating area is being added in front of the
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restaurant tenant space. The asphalt area will be transitioning to a pedestrian area and staff is conditioning
pedestrian amenities, such as bench seating or flower/planter boxes, to be added to this area “to soften the hard
edge” of the asphalt area, consistent with the recommendations of the Downtown Improvement Plan.
4. Roof shape;
No change is proposed to the building’s roof shape.
5. Scale;
Please see Staff’s comments under “Building Masses and Spaces.”
6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding
structures;
Please see Staff’s comments under “Building Masses and Spaces.”
7. Architectural details;
Staff is requiring additional notes to be added to the building’s elevations that identify the materials of the new
doors and windows proposed for the restaurant. This will allow Staff to confirm compliance with applicable
design guidelines as part of Final Site Plan review.
New window awnings are being proposed and are found appropriate for the building. New exterior lights are also
being proposed. The style of the lights will be full cut-off fixtures, as conditioned by Staff.
An architectural detail being added to the building is a metal awning/canopy arm structure that is coming off the
southwest corner of the building front. The metal feature will serve as an entry point into the transitioned
pedestrian asphalt area. It will also serve as a location for some tenant signage to be added. Staff interprets this
signage to be building signage, as long as the signage is not directly added to the pole support (which staff would
then interpret as a pole sign). The applicant is being required to submit a comprehensive sign plan for the
building with the final site plan materials.
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
Per code provisions, all mechanical equipment shall be screened. Rooftop equipment shall be incorporated into
the roof form or screened in an enclosure and ground mounted equipment shall be screened with walls, fencing or
plant materials. The final site plan shall contain a notation that “No ground mounted mechanical equipment,
including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into
the required yard setbacks and will be properly screened with an opaque solid wall and/or adequate landscape
features. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved
rooftop enclosure.”
9. Materials and color schemes (any requirements or conditions imposed regarding color schemes shall be
limited to the prevention of nuisances upon abutting properties and prevention of degradation of features
on the property in question. Color schemes may be considered as primary design elements if a deviation
from the underlying zoning is requested).
The proposal includes painting the building’s existing dryvit covering. Staff is requiring some additional notes to
be added to the building elevations that clarify the materials proposed for the new doors and windows and the new
bike racks. This will allow Staff to confirm compliance with applicable design guidelines as part of Final Site
Plan review.
C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures
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shall be encouraged when such new construction or additions do not destroy significant historical, cultural
or architectural structures, or their components, and when such design is compatible with the foregoing
elements of the structure and the surrounding structures.
None of the new construction is found by Staff to destroy significant historical, cultural or architectural
components.
D. When applying the standards of subsections A-C, the review authority shall be guided by the Design
Guidelines for the Neighborhood Conservation Overlay District which are hereby incorporated by this
reference. When reviewing a contemporary, non-period, or innovative design of new structures, or addition
to existing structure, the review authority shall be guided by the Design Guidelines for the Neighborhood
Conservation Overlay District to determine whether the proposal is compatible with any existing or
surrounding structures.
The Design Guidelines for the Neighborhood Conservation Overlay District were utilized in the above review of
the project design.
CUP/ Site Plan Review Criteria & Staff Findings
The below comments pertain to the site development linked with the proposed restaurant business and use and the
permission of alcohol sales for on-premise consumption.
Section 38.19.100 “Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City Commission,
Development Review Committee, and when appropriate, the Administrative Design Review Staff, the Design
Review Board or Wetlands Review Board 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
Core” land use designation. The new restaurant will promote pedestrian activity in an area that was previously
underutilized by cars and surface parking. The proposed serving of alcohol in is in conformance with the
Community Core” land use classification.
2. Conformance to this title, including the cessation of any current violations;
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 following code provisions must be addressed prior to Final Site Plan
approval:
Code Provisions
Planning Department Code Provisions:
a. In accordance with the BMC Section 13.12.322 the Water/Sewer Superintendent is requiring an
inspection of your water service to determine whether the water service has backflow protection and if
such protection is installed that the device is appropriate for the level of use for the facility. If the service
has been found without backflow protection the applicant will have a preventer and expansion tank
installed. If the existing device does not provide adequate protection, the applicant will be required to
replace the preventer with a preventer that is designed to provide adequate protection. Please call the
Water Department @ 582 3200 to arrange an inspection of the water service.
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b. 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.
c. Section 38.19.110.I. BMC Termination/ Revocation of 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 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 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,
BMC.
d. Section 38.19.160 states that a Building Permit must be obtained prior to the work, and must be obtained
within one year of Final Plan approval. Building Permits will not be issued until the Final Plan is
approved.
e. Section 38.21.050.F requires all mechanical equipment to be screened. Rooftop equipment shall be
incorporated into the roof form or screened in an enclosure and ground mounted equipment shall be
screened with walls, fencing or plant materials. The final site plan shall contain a notation that “No
ground mounted mechanical equipment, including, but not limited to utilities, air exchange/conditioning
units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened
with an opaque solid wall and/or adequate landscape features. All rooftop mechanical equipment shall be
incorporated into the roof form or screened in an approved rooftop enclosure.”
f. Sections 38.23.150 requires a lighting plan for all on-site lighting including all building mounted lights
and must be included in the final site plan submittal. 38.23.150.D.7.e states that the maximum
illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential
properties and 1.0 onto adjacent commercial properties and public rights-of-way.
g. Section 38.23.150.D.7.a requires that all outdoor lighting, whether or not required by this section, shall be
aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by
impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting
objectionable light onto a neighboring use or property.
h. Section 38.23.150.D.7.b requires that all outdoor lighting fixtures shall be shielded in such a manner that
no light is emitted above a horizontal plane passing through the lowest point of the light emitting element,
so that direct light emitted above the horizontal plane is eliminated.
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i. Section 38.23.150.D.7.c requires that all site lighting other than pathway intersection lighting and security
lighting all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to
those businesses which operate during these hours; such lighting may remain illuminated only while the
establishment is actually open for business.
j. Section 38.26 requires a landscape plan to be submitted. The landscape plan shall be prepared by a
landscape professional and shall identify how 13 performance standard points are provided.
k. Section 38.28.060 outlines the amount of permitted signage for the property. A Sign Permit shall be
reviewed and approved by the Planning Office prior to the construction and installation of any on-site
signage.
l. Section 38.34.100 states based upon the approved sketch, site plan, certificate of appropriateness,
conditional use permit or planned unit development (hereinafter referred to as “plan”), and after any
appeals have been resolved, a building permit for the site may be requested an may be granted, provided
such building permit is granted within one year of plan approval.
m. Section 38.39, requires that if final plat approval, occupancy of buildings or other utilization of an
approved development is to occur prior to the installation of all required on-site improvements, an
Improvements Agreement must be secured by a method of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements not yet installed. Said method of security
shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all
on-site improvements within nine (9) months of occupancy to avoid default on the method of security.
Engineering Department Code Provisions:
n. Plans and specifications for any fire service line (and domestic services 4” or larger) must be prepared in
accordance with the City’s Fire Service Line Policy by a Professional Engineer and be provided to and
approved by the City Engineer prior to initiation of construction of the service or fire protection system.
The applicant shall also provide Professional Engineering services for construction inspection, post-
construction certification and preparation of mylar record drawings.
Fire service plans (and domestic services 4” or larger) shall be a standalone submittal, separate from the
infrastructure plans and final site plan.
n. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove
solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The
plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water
detention/retention basin details (including basin sizing and discharge calculations, and discharge
structure details), storm water discharge destination, and a storm water maintenance plan.
o. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to
Final Site Plan approval. The SMP requires submittals of an application form and a Storm Water
Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance
1763. The SMP is independent of any other storm water permitting required from the State of Montana,
and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if
required for this development.
p. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code shall be
installed.
q. Any damaged sidewalk panels fronting the property shall be replaced.
r. A Street Cut Permit shall be obtained from the Engineering Department prior to cutting into any publicly
maintained street.
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s. Typical curb details (i.e. raised and/or drop curbs) and typical paving section details shall be provided to
and approved by the City Engineer for proposed curbing and paving.
t. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used
provided.
u. The location of existing and proposed water/sewer mains and services shall be properly depicted, as well
as nearby fire hydrants and proposed hydrants. Proposed utilities shall be distinguishable from existing.
City of Bozeman applications for service shall be completed by the applicant. Any unused water services
existing on the property shall be abandoned at the main.
v. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately.
Distinction between proposed and existing easements shall be made. Any proposed easements shall be
provided prior to FSP approval.
w. Proposed water/sewer mains, services and hydrants shall be depicted on the landscape plan and maintain a
minimum horizontal separation of 10’ to proposed landscape trees and lot lighting improvements.
x. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development Code.
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.
3. Conformance with all other applicable laws, ordinances, and regulations;
The final site plan review process will ensure compliance with this section. The plans will be further evaluated
against the requirements of the International Building Code at the time application is made for a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property;
The building footprint of the building will not be changing. The primary change in the site plan will be the
asphalt area in front of the building which will transition from a surface parking area to an area with more
pedestrian emphasis and amenities. Additionally, an outdoor seating area will be added in front of the new
restaurant space.
A handicap accessible ramp is being added to the rear of the building within the dedicated alley space.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
With the property’s location within the B-3 zoning district, there are several applicable parking reductions that
apply to this building’s parking demand. The first 3,000 square feet of a non-residential building within the B-3
zoning district doesn’t require parking. Additionally, the parking demand can be reduced for each type of use.
Lastly, the parking demand can be reduced due to the proximity of a transit (Streamline) stop and the parking
garage structure.
The 3,000 square feet was deducted from the office square footage, as office use has the lowest parking reduction
percentage. With that reduction, the office square footage that requires parking is 323 SF. This creates a demand
of 1 parking space. The restaurant use has the largest parking reduction at 75%. With this reduction, the
restaurant parking demand is 3 spaces. Therefore, after all reductions are claimed, the total parking demand for
all uses on site is 4 spaces.
The property paid for 5.2 spaces for the Downtown Parking SID. Therefore, the site has a parking surplus of 1.2
spaces.
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Overall, Staff finds the development to provide adequate parking for all of the uses, existing and proposed, on the
property.
6. Pedestrian and vehicular ingress and egress;
The current vehicular asphalt parking area will become a pedestrian area. Bollards are being conditioned to be
added along the front property line in the current drive access. This will indicate that cars are no longer allowed
in the asphalt area, but will still allow for a temporary loading/unloading area for the tenant spaces.
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;
A landscape plan will have to be submitted with the final site plan materials.
8. Open space;
As no residential uses are being proposed, open space and parkland areas are not required with the development.
9. Building location and height;
The building footprint is unchanged with the development.
10. Setbacks;
Several Engineering Department conditions of approval address the need to further identify the Bozeman Creek
floodplain boundary on the site. The applicant is required to find out if the proposed floor level of the restaurant
will be below/at/above the base food level. If the floor is below, and the work proposed is deemed as “substantial
improvement” to the building, several other conditions will apply to the development
11. Lighting;
As conditioned, the new lighting proposed shall meet the code provisions listed in Section 38.23.150 of the
Bozeman Municipal Code, specifically the use of full cut-off fixtures.
12. Provisions for utilities, including efficient public services and facilities;
Engineering included several conditions addressing utilities. The Water/Sewer Superintendent is requiring an
inspection of your water service to determine whether the water service has backflow protection and if such
protection is installed that the device is appropriate for the level of use for the facility. If the service does not
have backflow protection, the applicant will be required to install a preventer and expansion tank. If the existing
device does not provide adequate protection, the applicant will be required to replace the preventer with a
preventer that is designed to provide adequate protection.
13. Site surface drainage;
As conditioned by Engineering, a Storm Water Management Permit (SMP) must be submitted and approved by
the City Engineer prior to Final Site Plan approval. The SMP requires submittals of an application form and a
Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance
1763. The SMP is independent of any other storm water permitting required from the State of Montana, and
does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if required for this
development.
14. Loading and unloading areas;
As conditioned, bollards need to be added to the existing drive access. This will help indicate the asphalt area as
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Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 11
pedestrian oriented, but still allow loading and unloading for the tenant spaces.
15. Grading;
The standard Engineering provisions will address any grading issues that are required for the addition of a
handicap accessible ramp on the north side of the building.
16. Signage;
No signage is requested as part of this application. Any new signage will require a separate Certificate of
Appropriateness application and a sign permit. Additionally, staff is requiring the applicant submit a
comprehensive sign plan as the building has more than two tenant spaces.
17. Screening;
All mechanical equipment shall be screened. Rooftop equipment shall be incorporated into the roof form or
screened in an enclosure and ground mounted equipment shall be screened with walls, fencing or plant materials.
As required with code provisions, the final site plan shall contain a notation that “No ground mounted mechanical
equipment, including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall
encroach into the required yard setbacks and will be properly screened with an opaque solid wall and/or adequate
landscape features. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an
approved rooftop enclosure.”
18. Overlay district provisions;
The COA criteria and staff findings are included in this staff report starting on page 4.
19. Other related matters, including relevant comment from affected parties
No public comment has been received to date in regards to this application. Any public comment received after
the production of this staff report will be forwarded to the City Commission prior to the public hearing.
20. If the development includes multiple lots that are interdependent for circulation or other means of
addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of the
property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that
the sale of individual lots will not cause one or more elements of the development to become
nonconforming.
Not applicable.
Section 38.19.110 “Conditional Use Permit”
In addition to the review criteria included in Section 38.19.100, the City Commission shall, in approving a
Conditional Use Permit, find 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.
As conditioned, Staff finds the proposed use as adequate in size and topography to accommodate a restaurant use
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Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 12
that serves alcohol. The site is directly adjacent to the core of the downtown area where adequate transportation
services (mass transit, parking, etc.) are provided for the future patrons of the restaurant.
The Engineering Department is requiring additional analysis of the base flood level on the property to determine
if the new construction is or is not occurring in that area.
The removal of the surface parking from the site is seen by staff as a positive change, as it is eliminating a non-
conforming situation, as well as eliminating a public health and safety risk. It also provides for a pedestrian and
seating area adjacent to Bozeman Creek, consistent with the Downtown Improvement Plan.
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.
The proposed restaurant use will not create adverse effect to abutting properties. Though parking will be
eliminated on the site, patrons to the restaurant will be able to utilize the downtown public parking supply, bike to
the property and use the provided bike racks, or take the Streamline bus to the property. The outdoor patio area,
and the additional pedestrian amenities added to the asphalt surface area will be an improvement to the property.
Pedestrians will now be able to enjoy the benefit of the Bozeman Creek in this area.
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: regulation of use; special
yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring
street, service road or alley dedications and improvements or appropriate bonds; regulation of points of
vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of
noise, vibrations and odors; regulation of hours for certain activities; time period within which the
proposed use shall be developed; duration of use; requiring the dedication of access rights; 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 and code provisions that are
included to protect the public health, safety, and general welfare. Please see the recommended conditions of
approval on pages 2 through 3 of this report and the applicable code provisions on pages 6 through 9 of this
report.
Conclusion/Recommendation
The Development Review Committee and Planning Staff have reviewed the Fresco Café Creekside/On Premise
Consumption of Alcohol Conditional Use Permit and Certificate of Appropriateness application and recommends
to the City Commission approval of said application with the conditions and code provisions outlined in this Staff
report. Staff has identified various code provisions that are currently not met by this application. Some or all of
these items are listed in the findings of this report. The applicant must comply with all provisions of the Bozeman
Unified Development Code, which are applicable to this project, prior to receiving final site plan approval. 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.
Attachments: Applicant’s Submittal Materials
Report Sent to:
Everett and Marla Cope, 416 North 23rd Avenue, Bozeman, MT 59715
Fresco Café Inc., c/o William Neubauer, 200 North 7th Avenue, Bozeman, MT 59715
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SOUTH ELEVATION: FUTURE RESTAURANT ENTRY / PATIO
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SOUTH ELEVATION: SUITE A
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WEST ELEVATION: VIEW FROM S/W
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NORTH ELEVATION: FUTURE FIRE DOOR LOCATION INTO ALLEY
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