HomeMy WebLinkAbout16- Conditional Use Permit for On-Premise Consumption of Alcohol at Marriott Springhill Suites Hotel at 2114 Boothill Court ...........
%PPL,CONDITIONS(WAMOV JSE"WIT
Inter-office Original to:
City of Bozeman
Office ofthe City Clerk
P.O.Box 1230 PLATHD
Bozeman,MT 59771
2539103
Page: i of 6 03103/2016 10:03:44 AM Fee: $35.00
Charlotte Mills - Gallatin County, MT misc
1111111111111111111111111111111111 IN 111111111111111111111111111111111111111111111111
AIAIZRIOTT SPRINGHILL SUITES HOTEL CONDITIONS OF APPROVAL
FOR ON-PREMISE CONSUMPTION OF ALCOHOL
CONDITIONAL USE PERMIT AT 2114 BOOTHILL COURT,
BOZE MAN,MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow the sales of alcohol for on-premise consumption in the Marriott Springhill
Suites Hotel tenant space addressed as 2114 Boothill Court,Bozeman,Montana; and
WHEREAS,the uses to be located on property that is legally described as Lot 5, Block 2,
Lewis & Clark Commercial Subdivision, situated in the Southwest One-Quarter of Section 36,
Township One South,Range Five East,P.M.M.,City of Bozeman,Gallatin County,Montana;and
WHEREAS, the Conditional Use Permit is contained within the City of Bozeman
Department of Community Development's zoning application 15400; and
WHEREAS, the Conditional Use Permit is required for on-premise consumption of
alcohol (beer and wine)in the M-I zoning(Light Manufacturing); and
WHEREAS,the Conditional Use Permit application is subject to the following conditions
of approval:
1. The applicant is advised that unmet code provisions,or code provisions that are not specifically
listed as co'nditions 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. A copy of the State Revenue Department alcohol license for the establishment shall be
submitted to the Department Community Development prior to the sale of alcoholic beverages.
3. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.19.110.1 and 38.34.160 based on substantial complaints from the
public or from the Police Department regarding violations of the City of Bozeman's open
alcohol container, minor in possession of alcohol, or any other applicable law regarding
consumption and/or procession of alcohol.
T. :c
. ....... UP Z
...
PAGE 1
.................
CONDITIONS.OF::API?R0�1A .=FORA°:CONDITIONAL,USE- ERNIT.AFpLICATION.:_:
4. Prior to final plan approval the east parking island and east parking areas shall be connected to
the building with delineated crosswalks(s) and internal sidewalk to provide safe and efficient
access to entrance of building.
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.
6. The existing billboard advertising signs on the southeast corner of Lot 5 shall be removed prior
to final plan approval.
7. The transfer of water rights or the payment of cash in lieu of water rights shall be provided in
accordance to BMC section 38.23.180.
8. Applicant is on notice the subject property is within the N 1Vh and Baxter Lane intersection
payback district for the improvements to the intersection of Baxter Lane and 19th Avenue.
Final site plan approval is contingent on the application verifying all applicable fees have been
paid.
9. Development and landscaping within street vision triangles is limited pursuant to BMC section
38.24.100. Final site plan approval is contingent on the application verifying the landscape
and building location do not interfere with the vision triangle per this code section.
10. All Irrigation wells located within the exterior boundaries of the development shall include
Montana DNRC certificates which shall be provided to the City with the final plat submittal.
All wells shall include a meter or other device to determine consumption.
11.The applicant shall submit a written narrative outlining how each of the conditions of approval
and code provisions has been satisfied with the final plan application.
CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. Section 38.41.080.A.2.g.(13) BMC Fences and walls, including typical details. Provide a
fencing detail for the outdoor seating area with the final plan application.
B. Pursuant to Section 38.23.107 BMC Construction enclosure. A temporary enclosed refuse
storage area on the site plan, including a typical detail with dimensions and type of materials,
for the storage and collection of building material debris during the construction phase of the
project, and that said debris area is shown accordingly on the final site plan. No temporary
refuse storage area information was provided with submittal. While trash enclosure locations
and front dimensions are provided, a detail of the trash enclosure mast be provided on the
final plan to demonstrate that it complies with the City Sanitation standards..
C. Section 38.23.150.D.7.a BMC requires that all outdoor lighting, whether or not required by
this section, shall be aimed, located, designed, fitted and maintained so as not to present a
hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to
create a nuisance by projecting or reflecting objectionable light onto a neighboring use or k,
property. No building mounted light fixture cut-sheets information was submitted with the
preliminary plan. No light fixture cut-sheets information was submitted with the preliminary
plan for L506. No lightfrxture cut-sheets information was submitted with the preliminaryplan
for ZOL These details are required with the final plan application.
D. Section 38.23.150.D.7.b BMC requires that all outdoor lighting fixtures shall be shielded in
such a manner that no light is emitted above a horizontal plane passing through the lowest
MARRIOTT SPRINGHILL SUITES HOTEL CUP ZONING APPLICATION 15400
PAE;2�OF 5
h
I�
.I
1�
i
. ,
<:,=CONDITIONS:OF:APPROVAL :ORA;:CONDITION-L;I7SEPERIVI)[T;'`;`.-PLTCATIbN`-
point of the light emitting element, so that direct light emitted above the horizontal plane is
eliminated. No building mounted light fixture cut-sheets information was submitted with the
preliminary plan. No light fixture cut-sheets information was submitted with the preliminary
plan for L506. No light fixture cut-sheets information was submitted with the preliminary plan
for Z01. These details are required with the final plan application.
E. Section 38.26.060.A,BMC.In addition to complying with the mandatory landscape provisions
in section 38.26.050, all landscape plans must earn a minimum number of points as specified
in this section. Points are awarded for specified landscape features and elements based upon
their relative value or merit.A minimum of I5 points is required.
F. Section 38.17.020 BMC states the intent and purpose of the Bozeman Entryway Corridor
Overlay District is to, "... ensure that the quality of development along these corridors will
enhance the impression and enjoyment of the community by guiding development and change,
and by stimulating and assisting, in conjunction with other provisions of this chapter,
improvements in signage,landscaping,access and other contributing elements of entry corridor
appearance and function." On site pedestrian connection shall be further developed to provide
safe and efficient access to the primary entrance of the building from the east parking island
and area.
G. Section 38.41.100, BMC Landscape Content Requirements. The watering method is not
readily apparent. Please clarify the watering method with the final plan submittal.
H. Section 38.41.100,BMC Landscape Content Requirements. No snow storage locations were
provided with the landscape plan. Please show reasonable accommodation for necessary
snow storage areas on the landscape plan with final plan submittal documentation.
WHEREAS, the Conditional Use Permit application is subject to all provisions of the
Bozeman Municipal Code including the provisions listed below:
a. Section 38.19.110.17 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
b. Section 38.19.110.I BMC describes the process for termination/revocation of a conditional use
permit approval:
1. Conditional use permits are approved based on an analysis of current local circumstances s
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;
MARRIOTT SPRINGHILL„SUITES HOTEL CUP ZOMNG APPLICATION 15400
PAGE 3:*-OE 5
r
CQIbTTTONS OE APPROVAL FORA:COlI3ITIONALUSE::P1RlYIT A PPLICATION'r'f
c. The use or development of the site is not begun within the time limits of the final site
plan approval in 38.19.120
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.
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.
I
i
I
i
{
jj
I
3
i
I
13
r
4
MARRTOTT SPRINGHILL SUITES HOTEL CUP ZONING APPLICATION 15400 Jfi
PAGE-4 OF 5
if
i
I
;>:::CONI3IT'IONS OFiAPPROVAL' :,OR:A.CQ ITION: `<USEPERMI' EELICATI N >
F...... . . ND AL-US
T.A ...... ..... Q .. . .
NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted conditions of
approval and code provisions for the Conditional Use Permit shall be binding upon the undersigned
owner of the subject property, and successors or assigns, as long as the sales of alcohol for on-
premise consumption occurs as conditioned and does not cease for any reason for more than 90
days pursuant to Section 38.32.1010.1),BMC at 2114 Boothill Court.
DATED THIS DAY OF F ,20M.
PROPERTY OWNER
Signature
i
Printed Name arfd ?
Capacity S
STATE OF M { )
:SS
County of
On this �3 day of 2016, before me, the undersigned, a Notary Public for
the State of 1�1'7` , personally appeared C naco"w. known to
me to be the owner that executed the within instrument.
96(30 140-'a, (.A-,+ D lk)PC- Vt a,+2ct.�
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written. 7
p
�.�AJNO�IyST SHAUN OLMSTEAD
y' OTAy! U Notary Public
(Sea .N __q�°:for the State of Montana (Printed Name Here)
SEAL��. ,' Box man, Montana Notary Public for the State of _
',9 OF�jIpC�P� My comma ( i
OCtOtJ@r 29,2piptres: M
Residing at �c��e�r►� 0-"
My Commission Expires:
(Use 4 digits for expiration year)
N
MARRI(7TT$PRIf�TGHIL ::SUITES HQTLL°°;C,>rJP ZONING APPLICATION..1540.0
PAGE 5 OF 5
� i
it