HomeMy WebLinkAboutHearing for Bozeman Creek Properties Extended Stay CUP for Lodging Unit, 708 N. Rouse
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Brekke, Neighborhood Planner
Wendy Thomas, Director of Community Development
SUBJECT: A Conditional Use Permit (CUP) application to allow the permanent establishment of an extended stay lodging unit at 708 North Rouse Avenue. – Zoning File No. Z13237.
MEETING DATE: December 2, 2013
AGENDA ITEM TYPE: Action – Quasi-Judicial
RECOMMENDATION: That the City Commission approves the Conditional Use Permit Application Zoning File No. Z13237 to allow the permanent establishment of an extended stay lodging unit at 708 North Rouse Avenue.
RECOMMENDED MOTION: “Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application Zoning File No. 13237 and move to approve the Bozeman Creek Properties Extended Stay Conditional Use Permit with conditions and subject to all applicable code provisions.”
Staff Report page references: conditions of approval (page 5), review criteria (page 7), code provisions (page 6 and 12). BACKGROUND: Bozeman Creek Properties Conditional Use Permit (CUP) application is
requesting the permanent establishment of an extended stay lodging unit at 708 North Rouse
Avenue. The unit is approximately 1,675 square feet and occupies about 20% of the building’s
total square footage. No changes to the existing building are proposed with this application. The property was developed in the late 1990’s and is considered a legal, conforming property. It
includes an existing two-story, mixed-use, L-shaped building that is located within the northern
section of the property. A conforming surface parking lot with 27 parking spaces is located to
the building’s south. Bozeman Creek runs partially within and along the property’s east boundary.
The property owner currently has a City approved Special Temporary Use Permit (STUP) for the
extended stay use unit. This STUP is set to expire December 20, 2013.
The Development Review Committee (DRC) held two meetings on October 30 and November 6, 2013, to consider the conditional use permit application. The DRC found the applications as
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sufficient for review and made a recommendation of conditional approval to the City
Commission.
No public comment on this application has been received to date.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the application with the recommended Staff conditions;
2. Approve the application with modifications to the recommended
Staff conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable CUP and COA riteria contained
within the staff report;
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.
FISCAL EFFECTS: None identified.
Attachments: Staff Report, Applicant’s submittal materials
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street.
Report compiled on: November 22, 2013
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Zoning File No. Z13237, Bozeman Creek Properties Extended Stay
Conditional Use Permit (CUP)
Project Description: A Conditional Use Permit (CUP) application to allow the permanent
establishment of an extended stay lodging unit at 708 North Rouse Avenue.
Project Location: 708 North Rouse Avenue. The property is within the Neighborhood
Conservation Overlay District and is zoned as Northeast Historic Mixed Use (HMU). It is
legally described as Lots 19-24, Block 118, Northern Pacific Addition, City of Bozeman,
Gallatin County, Montana.
Recommendation: Approval with conditions and code provisions.
Date: City Commission meeting on Monday, December 2, 2013 at 6:00 p.m.
Recommended Motion: Having reviewed the application materials, considered public comment,
and considered all of the information presented, I hereby adopt the findings presented in the
staff report for application Zoning File No. 13237 and move to approve the Bozeman
Creek Properties Extended Stay Conditional Use Permit with conditions and subject to
all applicable code provisions.
Report Date: Tuesday, November 26, 2013
Staff Contact: Allyson Brekke, Neighborhood Planner
TABLE OF CONTENTS
SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL ....................................... 5
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS PRIOR TO
FINAL PLAN SUBMITTAL ................................................................................................... 6
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 5 - STAFF ANALYSIS........................................................................................... 7
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 7
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC ................ 9
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 12
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 13
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 14
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 14
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 14
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SECTION 1 - MAP SERIES
Aerial - Map 1
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Vicinity and Zoning - Map 2
Surrounding Zoning and Land Uses
North: Commercial and single-household residential, zoned HMU (Historic Mixed Use)
South: Mixed-use, single-household and duplex/triplex residential, zoned HMU
East: Bozeman Creek and single-household residential: zoned HMU
West: Single-household, duplex/triplex, multi-household residential, zoned R-2 (Residential
Two-Household, Medium Density)
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Surrounding Land Use - Map 3
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SECTION 2- RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the development.
1. The maximum number of guests shall not exceed 5 per night.
2. No outdoor fires shall be permitted.
3. All outdoor activities shall cease by 10 p.m.
4. There shall be no outdoor sleeping, occupied campers or tents permitted on the property at any time.
5. The owner shall assure that the occupants and/or guests of the vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any provisions of this
Conditional Use Permit or state or local laws by notifying occupants of the rules regarding this rental and responding when notified that occupants are violating any laws or rules regarding their occupancy. It is not intended that the owner, local agent, or contact person act as a peace officer
or place himself or herself in harm’s way.
6. The owner or agent of the owner shall mail to the party signing any rental agreement or reserving
the property a copy of all the vacation home rental rules and regulations, including the above conditions, within ten (10) days of reserving the property. Any rental agreement shall include a
written acknowledgment by the renters of compliance with said rules and conditions. The owner or agent shall also prominently display all the rules and regulations within the unit or on/adjacent to the interior of the front door.
This information shall also include the following:
a. The name of the property management company, agent, local contact person, or owner of the property, and a telephone number at which that party may be reached on a 24-hour
basis. b. The trash pick-up day and notification of all rules and regulations regarding trash removal.
c. The rules, requirements or provisions for seasonal snow removal.
7. That the applicant upon submitting the final plan for approval by the Community Development
Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the conditions of approval and code provisions have been satisfied.
8. The stringed flag signage on the building’s west elevation shall be removed as it is not permitted signage within the City of Bozeman.
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SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS PRIOR TO FINAL
PLAN SUBMITTAL
a. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit
procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such
with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by
the owner of the land, successor or assigns.
A document will be provided to you from Planning at time of preliminary approval. The
document will include all of the conditions of approval and will be required to be recorded at the Gallatin County Clerk and Recorder’s office. A copy of the recorded document must be submitted with your Final Plan application submittal.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Bozeman Creek Properties Extended Stay Conditional Use Permit
File: Z13237
The Development Review Committee (DRC) held two meetings on October 30 and November 6,
2013 to consider the preliminary site plan with a conditional use permit application. The DRC found
the applications as sufficient for review and made a recommendation of conditional approval to the
City Commission.
The City Commission will consider the proposal on December 2, 2013. The City Commission public
hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 6:00
p.m.
SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis is a summary of
the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy;
The underlying land use designation for the property is “Industrial.” This classification provides
areas for the uses which support an urban environment such as manufacturing, warehousing, and
transportation hubs. In some circumstances, including the Northeast Historic Mixed Use zoning
district area where the current property is located, uses other than those typically considered industrial
have been historically present in areas which were given an industrial designation in this growth
policy. This includes residential uses, including single-household, two-household and three-
household residences, as well as mixed-use buildings that may incorporate a permitted industrial use
with an accessory residential use.
2. Conformance to this chapter, 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. Staff has cited the following code
provisions that require plan corrections for the final master site plan application in Section 3 (page 5)
of this report.
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3. Conformance with all other applicable laws, ordinances, and regulations;
Following final site plan approval, the plans will be further evaluated against the requirements of the
International Building Code at the time application is made for a building permit for the facility.
Conditions of approval address coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property;
The extended stay use is proposed within one tenant space of an existing two-story, mixed-use, L-
shaped building that is located within the northern section of the property. A conforming surface
parking lot with 27 parking spaces is located to the building’s south. Bozeman Creek runs partially
within and along the property’s east boundary.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
The non-residential uses in the building include a health and exercise establishment (which
occupies 5,350 square feet in the building) and an office (which occupies 1,200 square feet).
The total parking demand for these non-residential uses is 23 parking spaces. The proposed
two-bedroom, extended-stay use initially requires 2 parking spaces but after allowed
reductions for mixed-use buildings are applied, the parking requirement reduces to 0 parking
spaces. Therefore, the 28 parking space parking lot is more than adequate for the anticipated
traffic and parking.
6. Pedestrian and vehicular ingress and egress
The existing vehicular ingress and egress off N. Rouse Avenue into the property’s surface parking lot
will remain with the proposal.
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
The existing landscaping is conforming to current standards. No new landscaping is proposed.
8. Open space
Not applicable. Only site plans containing five or more dwelling units shall provide on-site open
space for the use of the residents. Parkland requirements are considered met as it was dealt with the
construction of the existing building on the property.
9. Building location and height
No proposed changes to the existing building on the property.
10. Setbacks
No proposed changes to the existing building and parking lot on the property.
11. Lighting
No lighting is proposed.
12. Provisions for utilities, including efficient public services and facilities
Existing utilities and public services remain on the property.
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13. Site surface drainage
Previously reviewed and approved with original site development.
14. Loading and unloading areas
No change proposed.
15. Grading
No change proposed.
16. Signage
No signage proposed.
17. Screening
No mechanical equipment proposed.
18. Overlay district provisions
Not applicable because no exterior alterations are proposed to the building.
19. Other related matters, including relevant comment from affected parties
Public notice of the proposed development occurred the week of November 4, 2013. The project was
noticed in the Bozeman Daily Chronicle for two consecutive Sundays, posted on site, and sent to
adjoining property owners within 200 feet. No public comment has been received at the time of the
drafting of this report. Public comment received prior to the Commission meeting will be forwarded
to the City Commission for consideration.
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.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
No new construction is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in approving a
conditional use permit, determine favorably as follows:
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1. That the site for the proposed use is adequate in size and topography to accommodate such
use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to
properly relate such use with the land and uses in the vicinity;
The property is surrounded by commercial, mixed-use and residential land uses. The proposed two-
bedroom, extended stay use will not require any physical change to the existing building on the
property. The dwelling unit will just occupy 20% of the entire building square footage, which Staff
finds to be minor in scale and intensity. Staff finds the existing building to be adequate in size to
accommodate an extended stay use. Additionally, yards, spaces, parking, loading and landscaping are
adequate to properly relate such use with the surrounding land uses.
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 doesn’t find the permanent establishment of an extended stay use will create an adverse effect to
the predominately residential abutting land uses. The two-bedroom dwelling unit creates an
insignificant parking demand when compared to the predominant health and exercise use in the
building, therefore Staff does not anticipate parking or traffic congestion from the occupancy of the
unit.
3. That any additional conditions stated in the approval are deemed necessary to protect the
public health, safety and general welfare. Such conditions may include, but are not limited to:
a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and
walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and
improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g.
Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations
and odors; j. Regulation of hours for certain activities; k. Time period within which the
proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access
rights; and n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
The CUP review criteria for the proposed use is reviewed in an effort to determine what may be
reasonable conditions for this specific application to assure this use can operate harmoniously within
the northeast historic mixed use setting and that also addresses any public health, safety and welfare
concerns.
Recommended Condition #1 has been included to limit the number of overnight guests on the
property at any one time to 5 to limit the intensity of this use on the property.
Recommended Condition #2 has been included to prohibit outdoor fires that may impact adjacent
residential properties due to smoke and visually related impacts.
Recommended Condition #3 has been included to require that all outdoor activities cease by 10 p.m.
so as to limit impacts to the adjacent residential properties due to noise.
Recommended Condition #4 indicates that no outdoor sleeping, campers or tents are permitted on the
property at any time. Again, to limit any potential impacts to adjacent residential.
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Recommended Conditions #5 and #6 are fairly standard notification protocols for extended stay uses
to assure that future renters have been notified of the rules governing their stay, acknowledged these
rules, identified contact persons, and requires the posting of the rules within the unit. These
conditions will help to assure that renters are aware of the CUP conditions and their obligations to
minimize negative impacts to the surrounding area.
Recommended Condition #8 addresses some non-conforming signage that was put in place without a
sign permit.
F. In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall apply
and be adhered to by the owner of the land, successors or assigns, shall be binding upon the
owner of the land, his successors or assigns, shall be consented to in writing, and shall be
recorded as such with the county clerk and recorder's office by the property owner prior to the
issuance of any building permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan application process
and will be required prior to approval of the final plan.
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APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves forward.
These will need to be addressed as part of the final site plan application or other process step.
a. Chapter 16, Article 6 BMC contains the noise ordinance which is derived to protect, preserve, and promote the health, safety, welfare, peace and quiet of the citizens of the City through the
reduction, control, and prevention of raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of
ordinary sensitivity.
b. Section 12.24.020 BMC contains the sidewalk snow removal requirements for the City. It is the
responsibility of the property owner or property manager of a rental property to provide snow
removal from sidewalks adjoining a rental property within 24 hours of any snow or ice accumulation. The owner may either contract with a snow removal company or may require the
tenant to clear sidewalks.
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 38.19.120 requires the applicant to submit seven (7) copies a final plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be
reviewed and approved by the Community Development Department.
e. Section 38.19.120 requires that the final site plan shall contain the materials required in
39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility rights-of-way
or easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services; (4) Water; and (5) Sewer (sanitary, treated effluent and storm).
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f. Section 38.34.100 states that a building permit shall be obtained within one year of final approval, or said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an extension of one additional year from the Community Development Director.
g. Section 38.39.030 requires that the applicant shall provide for private improvements certification by the architect, landscape architect, engineer and other applicable professionals that all
improvement including, but not limited to landscaping, ADA accessibility requirements, private
infrastructure, or other requirement elements were installed in accordance with the approved site plan, plans and specifications.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “HMU” (Historic Mixed Use). The intent of the northeast historic
mixed-use district is to provide recognition of an area that has developed with a blend of uses not
commonly seen under typical zoning requirements. The unique qualities and nature of the area are not
found elsewhere in the city and should be preserved as a place offering additional opportunities for
creative integration of land uses. The intent of this area is to allow private and case-by-case
determination of the most appropriate use of land in a broad range of both nonresidential and
residential uses. Standards for buffering between different land uses are deliberately not as high as
standards elsewhere in the community as it is assumed that persons choosing to locate in this area are
aware of the variety of possible adjacent land uses and have accepted such possibilities as both
acceptable and desirable. It is expected that the lots within this district will continue to develop under
a variety of uses which may increase or decrease in scope in any given portion of the district.
Adopted Growth Policy Designation:
The underlying land use designation for the property is “Industrial.” This classification provides
areas for the uses which support an urban environment such as manufacturing, warehousing, and
transportation hubs. In some circumstances, including the Northeast Historic Mixed Use zoning
district area where the current property is located, uses other than those typically considered industrial
have been historically present in areas which were given an industrial designation in this growth
policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in
harmony.
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APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
Bozeman Creek Properties Conditional Use Permit (CUP) application is requesting the permanent
establishment of an extended stay lodging unit at 708 North Rouse Avenue. The unit is
approximately 1,675 square feet and occupies about 20% of the building’s total square footage. No
changes to the existing building are proposed with this application.
Project Background
The property was developed in the late 1990’s and is considered a legal, conforming property. It
includes an existing two-story, mixed-use, L-shaped building that is located within the northern
section of the property. A conforming surface parking lot with 27 parking spaces is located to the
building’s south. Bozeman Creek runs partially within and along the property’s east boundary.
The property owner currently has a City approved Special Temporary Use Permit (STUP) for the
extended stay use unit. This STUP is set to expire December 20, 2013.
APPENDIX D – NOTICING AND PUBLIC COMMENT
Public notice of the proposed development occurred the week of November 4, 2013. The project was
noticed in the Bozeman Daily Chronicle for two consecutive Sundays, posted on site, and sent to
adjoining property owners within 200 feet. No public comment has been received at the time of the
drafting of this report. Public comment received prior to the Commission meeting will be forwarded
to the City Commission for consideration.
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Bozeman Creek Properties, c/o Rebecca and John Carroll, 1417 S. Montana Avenue,
Bozeman, MT 59715
Report By: Allyson Brekke, Neighborhood Planner
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