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HomeMy WebLinkAbout24270 Conditional SUP Approval August 15, 2024 – Transmitted via Project Dox Only Will Ralph BZN Hotel 1 LLC 1735 S 19th Avenue, Suite B Bozeman, MT 59718 RE: TownePlace Suites Special Use Permit, Application 24270 Dear Applicant, The Special Use Permit (SUP) for the above-referenced project has received conditional approval. Please review all Conditions of Approval and Code Requirements as listed in the Staff Report (and copied below). Once all Conditions and Code Requirements have been satisfied, you will receive Final Special Use Permit Approval. CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 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. Any modification of the State on-premises consumption retail alcohol license type requires review and approval of a new special use permit. 3. A copy of the City of Bozeman alcohol license for the establishment(s) must be submitted to the Department of Community Development prior to alcohol service on site. 4. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.160 based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or possession of alcohol. 5. 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. CODE PROVISIONS 1. In addition to the review criteria of section 38.230.100, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth in subsections 38.230.120.C 2. Section 38.230.120.D 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 special 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, their 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 special use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final plan approval or commencement of the use. 3. Section 38.230.120.G BMC describes the process for termination/revocation of a special use permit approval: a. Special 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 special use permit will be considered as terminated and of no further effect if: i. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; ii. Final zoning approval to reuse the property for another principal or special use is granted; iii. The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140 b. A special use which has terminated may be reestablished on a site by either, the review and approval of a new special use permit application, or a determination by the community development 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 review authority may not be appealed. If the review authority determines that the special use permit may be renewed on a site then any conditions of approval of the original special use permit are also renewed. c. If activity begins for which a special 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. As the applicant, you must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. All 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. Future Impact Fees - Building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development. Please be informed that ANY changes from the final plan or final building elevations will need to be reviewed by the Department of Community Development. This City Commission project decision may be appealed by filing a notice of appeal in the Eighteenth District Court of Gallatin County, within thirty days after the filing of the decision, by following the procedures of MCA 76-2-327. If you have questions, or if the Department of Community Development can be of further assistance, please do not hesitate to contact me at (406) 582-2971 or bminnich@bozeman.net. Sincerely, Bailey Minnich Development Review Planner