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HomeMy WebLinkAbout24270 Staff Report Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 1 of 14 Application No. 24270 Type Special Use Permit Project Name TownePlace Suites SUP Summary A special use permit requesting permission for the sale of alcohol for on-premises consumption for hotel guests of the TownePlace Suites hotel lying within the B-2M zoning district located at 2679 Honor Lane. The SUP does not propose changes to the underlying use of hotel that was approved through the Master Site Plan application 22379 and subsequent Site Plan application 22378. The alcohol sales would be for beer and wine only sold at a bar in the dining area and in the market area adjacent to the registration desk (see Figure 4) Zoning B-2M Growth Policy Regional Commercial and Services Parcel Size 2.4 acres Overlay District(s) N/A Street Address 2679 Honor Lane, Bozeman, MT 59718 Legal Description Lot 1A of Amended Plat J-710B of Eastlake Professional Center Subdivision in Section 26, Township 1 South, Range 5 East, located in P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner BZN Hotel 1 LLC, P.O. Box 11890, Bozeman, MT 59719 Applicant BZN Hotel 1 LLC, Will Ralph, 1735 S 19th Avenue, Suite B, Bozeman, MT 59718 Representative BZN Hotel 1 LLC, Will Ralph, 1735 S 19th Avenue, Suite B, Bozeman, MT 59718 Staff Planner Bailey Minnich Engineer N/A Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 07/10/2024 to 07/31/2024 07/09/2024 07/09/2024 07/13/2024, 07/20/2024 Advisory Boards Board/Reviewer Date Recommendation Planning Review 06/28/2024 Adequate for Further Review With Applicable Conditions and Code Provisions Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or their designees Date: 08/14/2024 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital record located in the City’s Laserfiche Web Depository for Application 24270 Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 2 of 14 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch. 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Special Use Permit described in this report was conducted. The applicant proposed to the City of Bozeman a Special Use Permit (SUP) requesting permission for the sale of alcohol for on-premises consumption within the B-2M zoning district for the TownePlace Suites hotel located at 2679 Honor Lane. The SUP does not propose changes to the underlying use of hotel that was approved through the Master Site Plan application 22379 and subsequent Site Plan application 22378. The alcohol sales would be for beer and wine only sold at a bar in the dining area and in the market area adjacent to the registration desk. The purpose of SUP review is to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 and Sec. 38.230.120 BMC., and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed SUP, and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed SUP would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The SUP has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this 14th day of August, 2024, Erin George, Interim Director of Community Development, or her designees, approved with conditions and code provisions this SUP for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT OR THEIR DESIGNEES Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 3 of 14 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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 Code provisions must be addressed prior to building permit approval or concurrent construction as denoted below. 1. In addition to the review criteria of section 38.230.100 for plan review criteria, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth for special use permits as 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 of the 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 Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 4 of 14 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 of the BMC. Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 5 of 14 Figure 1: Current Zoning Map Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 6 of 14 Figure 2: Community Plan Designation Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 7 of 14 Figure 3: Overall Location Plan Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 8 of 14 Figure 4: Proposed Floor Plan Proposed Bar Proposed Market Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 9 of 14 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. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Regional Commercial and Services Yes Zoning B-2M (Community Business District Mixed) Yes Comments: The sale of alcohol for on-premises consumption is allowed in this B-2M zoning district as a special use and requires the approval of this Special Use Permit (SUP) application, pursuant to Section 38.310 of the Bozeman Municipal Code. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this SUP. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes, per Condition 1 Comments: 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. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan N/A Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: N/A N/A Comments: The application meets all the special use permit submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. Any additional use permit (Special use Permit) 38.230.120 Yes Comments: A special use permit is required in the B-2M zoning district for the sales of alcohol for on-premises consumption. The review and approval of the special use permit is a component of this application and conditions associated with the special use permit must be recorded against the property per Code Provision 2. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Alcohol sales for on-premises consumption Yes, with conditions of approval Form and intensity standards 38.320 Zoning: B-2M Setbacks (feet) Structures Parking / Loading N/A Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 10 of 14 Front N/A N/A Rear N/A N/A Side N/A N/A Alley N/A N/A Comments: Once the applicant has obtained final approval of this special use permit application, the use will be allowed. Form and intensity standards are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Lot coverage N/A N/A N/A N/A Building height N/A N/A N/A N/A Comments: There are no changes proposed within the SUP application that would impact the lot coverage or building height to the proposed building. These provisions were previously reviewed during the original site plan application for the proposed building. Applicable zone specific or overlay standards 38.330-40 N/A Comments: There are no applicable zone specific or overlay standards related to this application. General land use standards and requirements 38.350 N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Sales of alcohol for on-premises consumption N/A Comments: Please see Section 11 of this report for more information regarding the supplemental use associated with the special use permit within this application. Alcohol sales will not be on the same lot where an adult business or the sale of auto fuel retail is permitted. No gambling or gaming is proposed with this application. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: N/A 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 N/A Street and road dedication 38.400.020 N/A Access easements N/A Level of Service 38.400.060 N/A Transportation grid adequate to serve site N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Sidewalks 38.400.080 N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Drive access 38.400.090 N/A N/A Fire lanes, curbs, signage and striping N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Street vision triangle 38.400.100 N/A Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 11 of 14 Public transportation 38.400.120 N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of the applicable site plan application for the proposed building. 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 N/A Provisions for utilities including efficient public services and utilities 38.410.050-060 N/A Easements (City and public utility rights-of-way etc.) N/A Water, sewer, and stormwater N/A Other utilities (electric, natural gas, communications) N/A CIL of water N/A Comments: Utilities, easements, water, sewer, and stormwater were previously reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for conformance and satisfied, if necessary, as part of the applicable site plan application for the proposed building. Municipal infrastructure requirements 38.410.070 N/A Comments: Municipal infrastructure requirements were previously reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for conformance and were satisfied as part of the site plan approval for the proposed building. Grading & drainage 38.410.080 N/A Location, design and capacity of stormwater facilities N/A Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H N/A Comments: Requirements of BMC 38.410 such as grading and drainage and stormwater provisions were previously reviewed by the Engineering Department and Stormwater Department for conformance and satisfied, if necessary, as part of the applicable site plan application for the proposed building. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: There is no residential component to this project. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 12 of 14 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 N/A Parking requirements residential 38.540.050.A.1 N/A Reductions residential 38.540.050.A.1.b N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification N/A N/A Departure criteria N/A N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development N/A Relationship to adjacent properties 38.520.030 N/A Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 N/A Internal roadway design 38.520.050.D N/A Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were previously reviewed for conformance and satisfied, if necessary, as part of the applicable site plan application for the proposed building. On-site open space 38.520.060 N/A Total required N/A N/A Total provided N/A N/A Comments: Any applicable usable commercial open space was previously reviewed for conformance and satisfied, if necessary, as part of the applicable site plan application for the proposed building. Location and design of service areas and mechanical equipment 38.520.070 N/A Comments: Requirements for the location and design of service areas, and mechanical equipment, if applicable, were previously reviewed for conformance and satisfied as part of the approved site plan for the proposed building. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 N/A Building massing and articulation 38.530.040 N/A Building details, materials, and blank wall treatments 38.530.050-070 N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 13 of 14 Parking requirements nonresidential 38.540.050.A.2 N/A Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street N/A Provided on-street N/A Bicycle parking 38.540.050.A.4 N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: There is no proposed loading berths within this SUP application. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 N/A Drought tolerant species 75% required N/A Parking lot landscaping N/A Additional screening N/A Street frontage N/A Street median island N/A Acceptable landscape materials N/A Protection of landscape areas N/A Irrigation: plan, water source, system type N/A Residential adjacency N/A Comments: Requirements of BMC 38.550 are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: Signage is not applicable to this SUP application. 7g. Conformance with Article 5 – Lighting (38.570) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 N/A Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B N/A Comments: These provisions are not applicable to this SUP application and were previously reviewed during the original site plan application for the proposed building. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations were previously reviewed for conformance and satisfied as part of the site plan or subdivision processes, if applicable, relating to this subject property. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Staff Report Towneplace Suites Special Use Permit Application 24270 August 14, 2024 Page 14 of 14 Comments: A public notice period as required per Section 38.220.420 occurred July 10, 2024, to July 31, 2024. The property posting and mailing to adjacent owners occurred on or before July 9, 2024. The application was legally noticed in the Bozeman Daily Chronicle twice. No public comments were received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements N/A Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Any applicable conditions and code provisions related to required easements are included in this staff report. 11. Review Criteria for Special Use Permits (Section 38.230.120) Meets Code The site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: The site for the proposed use has the adequate size and topography to accommodate the uses as proposed, and all setbacks and landscaping are adequate to relate such use with the land and uses in the vicinity. Adequate parking exists to serve the uses. There are no proposed walls and fences or loading areas for this subject property. 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. Yes, per Condition 4. Comments: No evidence of the proposed use was found to have negative or adverse effects on abutting properties. Condition of Approval #4 denoted on page 3 of this staff report specifics that the right to serve alcohol to patrons is revocable should the need to revoke this permit arise. No objections to the recommendations of the Community Development Department were received during the public notice period. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes Comments: Conditions related to the special use permit must be recorded with the Gallatin County Clerk and Recorder’s Office accordingly to protect the public health, safety and general welfare of the City of Bozeman at large.