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Home My WebLink About06-18-18 City Commission Packet Materials - A4. Farmer's Daughter at RSVP Motel CUP for On-Premise Consumption18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 1 of 16 18193, Staff Report for The Farmer's Daughter at the RSVP Motel - Conditional Use Permit for Alcohol Sales for On-premises Consumption Date: City Commission Public Hearing June 18, 2018 Project Description: A Conditional Use Permit (CUP) application for sales of alcohol for on-premises consumption in a new building within a developed site (The RSVP Motel) within the B-2M community business – mixed zoning district. Project Location: The subject building is addressed at 510 N. 7th Avenue, Bozeman MT, 59715. The property is legally described as Lot 1A of the Amended Plat of Lots 1-12, Block 2, Violett Addition to Bozeman, Montana located in the Northeast Quarter Section of Section 12 (S12), Township Two South (T02S), Range Five East (R05E), P.M.M., 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 18193 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Report Date: June 6, 2018 Staff Contact: Addi Jadin, Associate Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. Project Summary A conditional use permit (CUP) application for sales of alcohol for on-premises consumption in a new building within a developed site (The RSVP Motel) within the B-2M community business – mixed zoning district. The new building will serve as the motel lobby, café (The Farmer’s Daughter) and additional meeting space. Application 18193 was submitted by representative, Love Schack Architecture, Lindsay Schack, 212 S. Wallace Ave, Suite 1010, Bozeman, MT 59715 on behalf of applicant and property owner, RSVP Motel, 10847 US Hwy 287, Three Forks, MT 59752, pursuant to Chapter 38 - Unified Development Code (UDC) of the Bozeman Municipal Code (BMC). An approved CUP is required for sales of alcohol for on-premises consumption within the 730 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 2 of 16 B-2M zoning district. The property is designated in the community growth policy as Community Commercial Mixed Use and is located within the Midtown Urban Renewal District. The subject property has several active approvals which include the RSVP Motel Site Plan Modification (including the complete renovation, demolition and replacement of the existing lobby and related accessory buildings and structures), the Local Event Center Site Plan (renovation of the existing Tom’s Carpet building and change of use to allow an event center) and The Local Event Center Conditional Use Permit (CUP) for alcohol sales for on-premises consumption. The property owners are also working with a separate applicant who has submitted a Conceptual Review application for the property that would replace the Local Event Center with a new entertainment venue. Further information about prior approvals is included in Appendix B of the staff report. No public comment has been received on the application as of the completion of the staff report. 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; or 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. 731 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 3 of 16 TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 1 Alternatives ........................................................................................................................ 2 SECTION 1 - MAP SERIES........................................................................................................ 4 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES ............................. 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................... 8 SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC ............................... 8 SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS............................ 9 SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS ................................................. 9 SECTION 7 - STAFF ANALYSIS AND FINDINGS .................................................................. 10 Applicable Plan Review Criteria, Section 38.230.100, BMC. ........................................ 10 Applicable Conditional Use Permit Review Criteria, Section 38.230.110, BMC......... 12 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 14 APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 15 APPENDIX C - NOTICING AND PUBLIC COMMENT ............................................................ 16 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 16 FISCAL EFFECTS .................................................................................................................... 16 ATTACHMENTS ..................................................................................................................... 16 732 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 4 of 16 SECTION 1 - MAP SERIES FIGURE 1 - ZONING 733 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 5 of 16 FIGURE 2 - FUTURE LAND USE 734 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 6 of 16 FIGURE 3 – SITE PLAN AND AREA OF ALCOHOL SERVICE UNDER REVIEW Project Location 735 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 7 of 16 FIGURE 4 – FARMER’S DAUGHTER FLOOR PLAN 736 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 8 of 16 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES No relaxations/deviations or variances have been requested as part of this application. SECTION 3 - 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, 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 Montana Department of Revenue city beer and wine license for the establishment must be submitted to the Department of Community Development prior to alcohol service. 3. Any modification of the Montana Department of Revenue city beer and wine license requires review and approval of a new conditional use permit. 4. A copy of the City of Bozeman alcohol license for the establishment must be submitted to the Department of Community Development prior to alcohol service. 5. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.030 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. 6. 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. SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC A. Section 38.230.110.F BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must 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. This is a required final step in the CUP process. The City will provide the document to record. B. Sections 38.230.110.I. and 38.200.030 BMC describe the process for 737 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 9 of 16 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 38.230.140. 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 38.200.160. SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS None identified. SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS Project: The Farmer’s Daughter at the RSVP Motel CUP for Alcohol Sales for On- premises Consumption Application: 18193 The Development Review Committee did not identify any issues with the service of alcohol in an already approved site. The City Commission will consider the proposal on June 18, 2018. The City Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 6 p.m. 738 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 10 of 16 SECTION 7 - 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 38.230.100, BMC. 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. 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 property is zoned B-2M, Community Commercial – Mixed District, which has the intent “to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multifamily residential uses as a secondary use.” The property is located in one of the implementing districts for the Community Commercial Mixed Use land use designation according to the adopted growth policy. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. Adjoining properties are currently commercial in all directions with the exception of the elementary school to the east. Two buildings incorporating residential uses are in review/recently approved for properties to the northeast of the site. Adjoining properties along North 7th Avenue and West Peach Street are planned for community commercial uses. The parking lot to the south is planned for residential and the school property is planned to remain in its current use. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy. No conflicts between the proposed use and the growth policy have been identified. For more information on the growth policy designation please see Appendix A. 739 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 11 of 16 2. Conformance to this chapter, including the cessation of any current violations The project, if approved, will conform to the Bozeman Municipal Code. There are no known documented violations of the BMC for this property. 3. Conformance with all other applicable laws, ordinances, and regulations Conformance to City of Bozeman and Montana Department of Revenue laws regarding alcohol service will be ensured through the recommended conditions of approval. A Conditions of Approval document is required to be recorded by the applicants to notify the public and any future property owners of the CUP conditions. 4. Conformance with special review criteria for applicable permit type as specified in article 2 This CUP application is proposed for an infill property and conforms to the associated Modification 17034 and Site Plan 17484 which includes exterior and interior remodeling of existing buildings, site improvements and aggregation of the entire block into one lot for the RSVP Motel and The Local. The total square footage for alcohol service area is approximately 1600 square feet within the interior of the hotel lobby and café area facing N. 7th Avenue. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use criteria, and wireless facilities and/or affordable housing provisions if applicable Traffic and parking conditions were analyzed during the review of the associated Modification 17034 and Site Plan 17484. No increases in traffic or parking needs are expected due to the service of alcohol during events. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Pedestrian accesses for the subject site are provided from the street frontage pedestrian sidewalk on N. 7th Avenue into the motel lobby. There are several vehicular ingress and egress points for the property including 3 in the motel area and 2 in the area of the event center. 7. Conformance with the project design provisions of article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development; design and 740 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 12 of 16 arrangement of the elements of the plan; landscaping; open space; lighting, signage; The site landscaping will be enhanced through the improvements and additions recently improved. No outdoor services areas are proposed with the CUP. All parking areas are currently screened with vegetation or will be improved with enhanced landscaping per prior Modification and Site Plan approvals. 8. Conformance with environmental and open space objectives set forth in articles 4—6, including the enhancement of the natural environment, watercourse and wetland protections and associated wildlife habitats; and if the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Not applicable. The proposed use will not require building or site modifications. 9. Conformance with the natural resource protection provisions of article 4 and article 6 Not applicable. The proposed use will not require building or site modifications. 10. 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 11. 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: a. 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 b. 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 12. Phasing of development Not applicable. Applicable Conditional Use Permit Review Criteria, Section 38.230.110, BMC E. In addition to the review criteria of Section 38.230.100, the review authority shall, in approving a conditional use permit, determine favorably as follows: 741 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 13 of 16 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; Staff finds the site adequate to accommodate the use proposed as it will have no impact on the site plan elements approved in the associated Modification 17034 and Site Plan 17484 applications. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; Staff finds that alcohol sales for on-premises consumption will not have any material adverse effect upon the abutting properties with the recommended conditions of approval as identified in Section 3. With the Community Development recommended conditions of approval and required code provisions, the application complies with the Unified Development Code. There is adequate parking, pedestrian access, capacity for trash disposal, and municipal service to serve the proposed use. 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; 742 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 14 of 16 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 finds the proposed use in conformance to these criteria. Staff does not find it necessary to impose additional time limitations specific to this particular property. 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. 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 constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must 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 the service of alcohol. A document to be recorded will be provided by the City following preliminary approval. Code Provision A is cited in Section 4 of this report as relates to Conditional Use Permit approval. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-2M (Community Business - Mixed). The intent and purposes of the commercial zoning districts are to establish areas within the City that are primarily commercial in character and to set forth certain minimum standards for development within those areas. Adopted Growth Policy Designation: The property is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan. Community Commercial Mixed Use has several elements with which this project complies due to the proposed site: • Integration with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities; 743 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 15 of 16 • Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided; and • Location on one or two quadrants of intersections of arterials and/or collectors. APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description: Site improvements on this property have been underway since approximately June of 2017, having received approval via an application for a modification of an existing site plan (MOD), application 17034. The area of the MOD focused on the interior and exterior remodel of the Rainbow Motel (now RSVP Motel) with additional square footage in the lobby area on N. 7th and a new laundry/mechanical building at the northeast corner of the property. Because the overall impact of the project did not exceed 20% for any site plan elements, the improvements were reviewed as a MOD. With the proposed change of use of the former Tom’s Carpet store to become The Local event center, the anticipated traffic to the site was predicted to increase by over 20%; therefore, the remodel and addition of a vestibule to connect the event center to the hotel lobby area was determined to require a Site Plan application. Therefore, Site Plan application 17484 was submitted along with CUP application 17485 on October 4, 2017. Sales of alcohol for on-premise consumption is a conditional use in the B-2M zoning district. Because the service of alcohol proposed for the Farmer’s Daughter varies from the service described in The Local CUP application, a separate application was required. The applicant intends to serve alcohol within the motel café called the Farmer’s Daughter and at the motel front desk, which totals approximately 1600 square feet interior space. The Farmer’s Daughter is proposed to be open to the public between the hours of 6-4 p.m. and hotel patrons will have the option of purchasing wine and beer from the motel front desk between the hours of 8 a.m. to 10 p.m.. For the City Commission to approve the CUP, Staff recommends that the applicant be required to submit a copy of the Montana Department of Revenue alcohol license and the City of Bozeman license to the Planning Division prior to serving. Staff further recommends that this approval only be granted for the stated and intended beer and wine license type and any future change in license will necessitate review and approval of a new CUP. The recommended conditions of approval address the above-referenced items in this report. Through the issuance of the staff report, staff has advised the applicants of the CUP provisions of the Bozeman Municipal Code, which provide revocability parameters. If the City Commission approves the CUP, Staff will provide the applicant a copy of the conditions of approval and CUP code provisions that shall run with the land and must 744 18193 Staff Report for The Farmer’s Daughter at RSVP Motel – CUP Page 16 of 16 be signed by the landowner and recorded at the Gallatin County Clerk and Recorder’s Office prior to serving of alcohol within the tenant space. The applications were noticed pursuant to Section 38.220.420, BMC. No deviations or variances are requested. APPENDIX C - NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.220.420, 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 June 3 and June 10, 2018. Notice was posted on site on or before June 3, 2018. No public comment has been received for this application. 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 Property Owner/Applicant: RSVP Motel, 10847 US Hwy 287, Three Forks, MT 59752 Representative: Lindsay Schack, Love Schack Architecture, 212 S. Wallace Ave, Suite 1010, Bozeman, MT 59715 Report By: Addi K. Jadin, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS Application Materials. The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 745 CUP Narrative: The Farmer’s Daughter 510 North 7th Avenue Bozeman, Montana The intent of this renovation is to update and improve an existing and prominent location on North 7th with the purpose of bringing amenities and community value to the property. The renovated building will host ‘The Farmer’s Daughter’, a restaurant within the RSVP Motel. The restaurant will serve motel guests and the public. A kitchen will be installed that will be reviewed by the Gallatin County Health Department. A cabaret license, granted by the State of Montana, will allow for the service of beer and wine within the building on the property. The Farmer’s Daughters will be open from 6am to 4pm daily to the public. Hotel guests will have the ability to purchase beer & wine from the motel’s front desk attendant from 8am to 10pm daily. 1A. The existing building and property topography is adequate for this use without major re- development of existing site features and building footprint. Existing trees and parking area will remain. This use on the N 7th Ave is in keeping with other similar business’s along the corridor. 1B. The entire block has been aggregated into a single lot and is owned by one entity. There are no abutting properties. There are no materials or changes to the building that would have an adverse effect on any adjacent buildings on the block. 1C. At this time there are no special conditions of approval necessary to protect the public health, safety and general welfare beyond what is required by code and will be implemented as such. Patron service areas have been reviewed by the State of Montana and will occur only within the building. 746 ISSUE ID CHANGE NAME BY DATE CONSULTANTS: PROJECT NO: C&H ENGINEERING DRAWN BY CHECKED BY 2017-008-REC A1.0 COPYRIGHT DETAILS (406) 587-1115 ENERGY 1 (406) 587-2957 DHM DESIGN (406) 219-2012 DRAWN BY: CHECKED BY: COPYRIGHT: SHEET TITLE: WESTERN STATES (406) 728-5242 PERMIT DOCUMENTS 02/20/18 /Users/andreamichael/ShareFile/Shared Folders/PROJECTS/REC/03_CD/Drawings/REC_CD.pln Monday, April 30, 2018 12:07 PMLINDSAY SCHACK MANHATTAN MT59741 "THE LOCAL" RSVP EVENT CENTER 506 N 7TH AVE BOZEMAN MT59715 SITE PLAN & FLOOR PLAN lschack@loveschack.com 406.282.4277 www.loveschackarchitecture.com 230.00 sq ft 480.00 sq ft 975.11 sq ft 258.70 sq ft UPN 10'-0"5'-0"234'-0"205'305'PROPERTY LINE SETBACK LINE VISION TRIANGLEN 7TH AVEW SHORT ST PARKING N 6TH AVE1 2 3 4 5 6 7 8 9 10 11 12 1310111213141516171819123456789 23 24 25 26 27 313233 28 29 30 BLDG A BLDG B BLDG C BLDG DBLDG E THE FARMER'S DAUGHTER THE LOCAL VESTIBULE W PEACH ST 110'-0"14'-0"110'-0"27'-4"64'-6"8'-2"50'-0"50'-0"KITCHEN SERVICE COUNTER DINING AREA TOILET ROOM TOILET ROOM MOTEL RECEPTION DISHWASHING SCALE: 1" = 20'1 SITE PLAN SCALE: 1/4" = 1'-0"2 THE FARMER'S DAUGHTER FLOOR PLAN SHADED AREAS = AREAS OF ALCOHOL SERVICE GROSS BUILDING = 1768 SQ FT DINING AREA = 660 SQ FT 747