Loading...
HomeMy WebLinkAboutA4. CUP Element Hotel15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 1 of 17 15498 Staff Report for the Element Hotel On-Premise Consumption of Alcohol Conditional Use Permit Date: City Commission Public Hearing March 21, 2016 Project Description: A Conditional Use Permit (CUP) application to allow the sales of alcohol for on-premise consumption in a planned restaurant tenant space with accessory serving area. Project Location: 25 East Mendenhall Street. The property is zoned B-3, Central Business District and is legally described as Lot 6A, Block G, Bozeman Original Plat, Section 7, Township 2S, Range 6E, City of Bozeman, 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 15498 and move to approve the Element Hotel On-Premise Consumption of Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions.” Report Date: Friday, February 19, 2016 Staff Contact: Mitch WerBell, Assistant Planner Agenda Item Type: Action (Quasi-Judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues with this application. Project Summary A Conditional Use Permit (CUP) application was submitted to the Department of Community Development for property addressed as 25 East Mendenhall Street. The Element Hotel restaurant future tenant space with indoor and outdoor serving areas was approved with the Hotel at Block G Site Plan and Certificate of Appropriateness, Application Z-13252. Parking demand for all uses in the building was reviewed as part of Application Z-13252 and the parking requirements were met as part of final site plan approval. Parking is detailed in this report on page 6. This CUP application is requesting permission for sales of alcohol for on-premise consumption in the approved restaurant space with accessory consumption areas on the main level of the building as detailed in the site plan exhibit on page 7. The supplementary consumption areas would be utilized for specific events and conferences which are typically associated and accessory to hotel use. No specific restaurant layout has been approved, nor has a tenant improvement building permit been issued for the restaurant space. The water, sewer and parking demand for restaurant uses was approved with the Element Hotel project. The sales of alcohol for on-premise consumption is a conditional use in the B-3, Central Business District. No deviations or variances are requested with this application. 459 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 2 of 17 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; 4. Continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 3 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 9 SECTION 3 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC...................... 9 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 SECTION 5 - STAFF ANALYSIS......................................................................................... 10 Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 10 Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 13 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 15 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 16 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 16 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 16 FISCAL EFFECTS ................................................................................................................. 17 ATTACHMENTS ................................................................................................................... 17 460 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 3 of 17 SECTION 1 - MAP SERIES Figure 1- Zoning Element Hotel CUP Proposed On-Premise Consumption of Alcohol 461 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 4 of 17 Figure 2 - Current land use Element Hotel CUP Proposed On-Premise Consumption of Alcohol 462 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 5 of 17 Figure 3 - Community Plan future land use Element Hotel CUP Proposed On-Premise Consumption of Alcohol 463 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 6 of 17 Figure 4 - Parking calculations 464 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 7 of 17 Figure 5 - Site plan 465 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 8 of 17 Figure 6 - Street view, looking northwest Figure 7- Street view, looking northeast 466 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 9 of 17 SECTION 2 - 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, 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 must be submitted to the Department of 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.I 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. 4. 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. 5. The applicant must submit a written narrative outlining how each of the conditions of approval and code provisions has been satisfied with the final plan application. SECTION 3 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC 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. 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 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 38.19.120. 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 467 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 10 of 17 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. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Element Hotel On-Premise Consumption CUP, Application 15498 The Development Review Committee (DRC) considered the Conditional Use Permit application to allow the sales of alcohol for on-premise consumption in the previously approved restaurant tenant space in the building addressed as 25 East Mendenhall Street. The DRC recommended conditional approval at its February 17, 2016 meeting. The City Commission is scheduled to hold a public hearing and review the application at their March 21, 2016 meeting. 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 in this report is a summary of the completed review. Applicable Plan Review Criteria, Section 38.19.100, BMC. In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria. 1. Conformance to and consistency with the City’s adopted growth policy The Future Land Use designation is “Community Core” in the Bozeman Community Plan. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. This use is permitted within the B-3, Central Business District with the approval of a Conditional Use Permit. For more detailed information on the growth policy designation please see Appendix A. 2. Conformance to this chapter, including the cessation of any current violations The project will conform to the Bozeman Municipal Code. There are no known documented violations with the BMC for the property. 3. Conformance with all other applicable laws, ordinances, and regulations The Hotel at Block G Site Plan and Certificate of Appropriateness (COA) project was reviewed and approved in accordance with the BMC. The plans were evaluated against the requirements of the International Building Code (IBC) at the time a building permit application was made for construction of the Element Hotel building. A future building permit for the buildout of the restaurant space is required and will be reviewed against the 468 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 11 of 17 requirements of the IBC. Conditions of approval address coordination with other regulating agencies. 4. Relationship of site plan elements to conditions both on and off the property No changes to the existing building are proposed. The conceptual restaurant serving areas were previously approved. The restaurant use is compatible with and sensitive to the adjacent mix of uses and approved development relative to access, parking, circulation, and accessibility. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions Traffic impacts and parking requirements were addressed through the Site Plan and COA development review process for the Element Hotel. Traffic conditions will not be affected by this proposal. Hotel restaurants, bars, and dining rooms collectively require the same amount of parking at one space per 60 square feet of indoor public serving area and one space per 120 square feet of outdoor (patio) serving area. Parking requirements will not be altered with approval of a Conditional Use Permit for the sales and on-premise consumption of alcohol in the previously approved restaurant serving areas. 6. Pedestrian and vehicular ingress and egress Direct pedestrian access is provided from the street frontage pedestrian sidewalk on East Mendenhall Street. An off-street unloading area exists in front of the Element Hotel building. The rear parking lot is accessed from the alleyway to the north of the building. Leased off- site parking spaces are provided in the downtown parking garage located to the immediate south. Pedestrian access between buildings is provided via the street crosswalk at the intersection of North Black Avenue and East Mendenhall Street. 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 Not applicable. Landscaping improvements were required as part of the final site plan approval for the Element Hotel. Landscape improvements were installed with construction of the building and remaining improvements have been financially guaranteed. 8. Open space Not applicable. No residential uses are proposed with the application. 9. Building location and height Not applicable. No changes to the existing building are proposed. 10. Setbacks Not applicable. No changes to the existing building are proposed. This is an existing conforming site. 11. Lighting Not applicable. Exterior lighting was previously approved with the site plan. The applicant is aware that any future lighting modifications must be reviewed in conformance with the BMC. 469 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 12 of 17 12. Provisions for utilities, including efficient public services and facilities There are existing utilities servicing the building and adequate services for the restaurant use. No changes to the water and sewer connections or private utilities are proposed with this application. 13. Site surface drainage Not applicable. No changes to the site are proposed that would impact existing drainage to perimeter streets. 14. Loading and unloading areas An off-street loading and unloading area is provided. 15. Grading Not applicable. No changes to the existing site are proposed. 16. Signage No signage is proposed with this application. A comprehensive sign plan for the building was reviewed and approved by the Department of Community Development. The applicant is aware of the requirement of a sign permit with a Certificate of Appropriateness when any new signage is proposed for the building. 17. Screening Not applicable. No mechanical equipment is proposed with this application. The applicant is aware that any future modifications must be reviewed in conformance with the BMC. 18. Overlay district provisions The property is located in the Neighborhood Conservation Overlay District but no changes requiring a Certificate of Appropriateness are proposed with this CUP application. 19. Other related matters, including relevant comment from affected parties No public comment was received in 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. 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. The building is located on one lot. 21. Compliance with Article 43 of Chapter 38 of the Bozeman Municipal Code. Not applicable. 470 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 13 of 17 22. Phasing of development Not applicable. Applicable Conditional Use Permit Review Criteria, Section 38.19.110, 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: 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 commercial building at 25 East Mendenhall Street is located in close proximity to the downtown historic district with various uses including restaurant, office, residential and retail. The restaurant space allows for hotel guests, visitors, and residents to dine in Bozeman’s downtown core with easy accessibility. There is a range of commercial establishments with alcohol licenses in close proximity to this building including a brewery, distillery, and restaurants with both beer and wine and all-beverage licenses. Recommended Condition 2 requires a copy of the State Revenue Department alcohol license prior to serving. The subject property is bounded by a parking lot and alleyway on the north, a pedestrian sidewalk to the east along North Black Avenue, and an automobile repair shop located to the west. The building is primarily accessed by pedestrian travel from the southern sidewalk adjacent to East Mendenhall Street. The location of the building is harmonious with the increased pedestrian activity associated with the Central Business District. The proposed area for sales of alcohol for on-premise consumption is the same as the previously approved restaurant indoor and patio serving areas. The patio service area is wholly enclosed by a perimeter barrier, meeting Montana Department of Revenue requirements. A gate allows emergency egress from the patio. The applicant is aware that no other tenants may be added and the sales of alcohol for on-premise consumption is limited to the approved indoor restaurant serving area and the restaurant patio. The main level of the hotel and rear patio are proposed as supplementary alcohol consumption areas typically associated with specific events. Staff finds the site adequate in size and topography to accommodate the sales of alcohol for on-premise consumption. 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; With the Community Development recommended conditions of approval and required code provisions the application complies with the Unified Development Code. Staff included Condition 3 allowing the City of Bozeman to revoke the right to serve alcohol to patrons 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. There is adequate parking and pedestrian access, and municipal services are sufficient to serve the proposed use. 471 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 14 of 17 Staff finds the sales of alcohol for on-premise consumption will have no material adverse effect upon abutting properties. 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. 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. Several of these are standard conditions of approval that the City has consistently applied to alcohol-serving establishments and conditional use permits. 472 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 15 of 17 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 must be addressed prior to occupancy of the tenant space. Code Provision A is cited in Section 3 of this report related to Conditional Use Permit approval. A document to be recorded will be provided by the City following preliminary approval. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned as B-3, Central Business District. The intent of the B-3 district is “to provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the B-3 area outside the above-defined core.” Adopted Growth Policy Designation: The subject property is designated as Community Core in the Bozeman Community Plan. The plan states; “The traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high, with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street.” 473 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 16 of 17 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Conditional Use Permit Application 15498 was submitted to the Department of Community Development for the building at 25 East Mendenhall Street. The CUP application is requesting permission for the sales of alcohol for on-premise consumption in the planned restaurant tenant area previously approved with the Hotel at Block G (Element Hotel) Site Plan and Certificate of Appropriateness project. The sales of alcohol for on-premise consumption is a conditional use in the B-3, Central Business District. The subject property is located on the northwest corner of the intersection of East Mendenhall Street and North Black Avenue. No exterior changes to the site or building are proposed. No deviations or variances are requested with this application. The site plan shows the proposed alcohol service area in the approved restaurant tenant space and outdoor patio for a single restaurant tenant. Supplementary on-premise consumption areas are indicated on the main level of the hotel and rear patio. The accessory consumption areas are proposed to be used during specific events that are customarily incidental to hotel use. The sale of alcohol is limited to the planned restaurant space. No restaurant serving area may be added to the ground floor or rear patio of the Element Hotel without review by the Department of Community Development. The conditions of approval must be signed and recorded prior to occupancy of the tenant space and a copy of the alcohol license must be submitted to the Department of Community Development prior to serving. At its February 17, 2016 meeting, the Development Review Committee voted unanimously to recommend approval of the CUP application with the recommended conditions identified in this report. APPENDIX C – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, 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 February 28 & March 6, 2016. Notice was posted on site on February 11, 2016. No public comment was received in regard to this project. 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 Owner: G25 Holdings, LLC, PO Box 1109, Bozeman, MT 59771 Applicant: G25 Holdings, LLC, PO Box 1109, Bozeman, MT 59771 Representative: Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715 Report By: Mitch WerBell, Assistant Planner 474 15498 Staff Report for the Element Hotel On-Premise Consumption CUP Page 17 of 17 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. ATTACHMENTS The full application and file of record can be viewed at the Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Applicant’s submittal materials 475 Element by Westin Conditional Use Permit Sales of Alcohol for On Premises Consumption 25 East Mendenhall Street REVISED January 26, 2016 Original Submission September 2015 476 A1CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation: Development Review Application A1 Page 1 of 3 Revision Date 5-19-15 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications 477 Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal Downtown North 7th Avenue Northeast None District: 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. 1. Pre-application Consultation 2. Master Site Plan 3. Site Plan 4. Subdivision pre-application 5. Subdivision preliminary plat 6. Subdivision final plat 7. Subdivision exemption 8. Condominium Review 9. PUD concept plan 10. PUD preliminary plan 11. PUD final plan 12. Annexation and Initial Zoning 13. Administrative Interpretation Appeal 14. Administrative Project Decision Appeal 15. Commercial Nonresidential COA 1 6. Historic Neighborhood Conservation Overlay COA Form None MSP SP PA PP FP SE CR PUDC PUDP PUDFP ANNX AIA APA CCOA NCOA Form 17. Informal Review INF 18. Zoning Deviation None 19. Zoning or Subdivision Z/SVAR Variance 20. Conditional Use Permit CUP 21. Special Temporary Use STUP Permit 22. Comprehensive Sign Plan CSP 23. Regulated Activities in RW Wetlands 24. Zone Map Amendment (non ZMA Annexation) 25. UDC Text Amendment ZTA 26. Growth Policy Amendment GPA 27. Modification/Plan MOD Amendment 28. Extension of Approved Plan EXT 29. Reasonable RA Accommodation 30. Other: 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. B. Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin staff review immediately or be scheduled for Development Review Committee review in ten working days from the application deadline. Development Review Application A1 Page 2 of 3 Revision Date 5-19-15 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications X X X 478 479 CUPCITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONAL USE PERMIT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets Complete and signed development review application form A1 Plan sets that include all conditional use permit checklist items below unless otherwise provided in another application type Only If new building construction, plan sets that include all required items listed on the site plan checklist forms SP and SP1 Standard application sets required 2 sets that include full size 24 1set that include 11 x 17 inch plans plan sizes: x 36 inch plans 2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be Notes: used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1and materials APPLICATION FEE Base fee $1,435 Additional application fees may apply if new construction. Application types and fees are cumulative. APPLICATION DEADLINES Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin Development Review Committee review in ten working days from the application deadline. CONDITIONAL USE PERMIT CHECKLIST 1. Project Narrative providing a thorough description of what uses are being proposed and how they will function on the site and including detailed responses to the following: a. Response to the requirement that requires 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 property relate such use with the land and uses in the vicinity; b. Response to the requirement that the proposed use will have not materials adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; and c. Response to the requirement of any special conditions of approval necessary to protect the public health, safety and general welfare 2. Location/vicinity map, including area within one-half mile of the site 3. Site plan with north arrow showing property dimensions, location of buildings, parking, driveways, off street loading, landscaping, location of utilities, access, pedestrian facilities, and use location. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. 4. Floor plans showing floor layout including square footage and proposed use for each room and area within the building. Suggested scale of ¼ to one foot. Conditional Use Permit Required Materials CUP Page 1 of 2 Revision Date 4-27-15 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Presentation of submitted plans and specifications X XX X X 480 5. For alcohol production sales and serving and gaming uses the floor plan shall show complete floor layout of restaurant with production/manufacturing/kitchen uses, gaming area and restaurant serving areas (seating) by location and square footage 6. Parking calculations for all uses, including detailed calculations of deductions, if proposed CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59771 www.bozeman.net Conditional Use Permit Required Materials CUP Page 2 of 2 Revision Date 4-27-15 Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Presentation of submitted plans and specifications 481 482 EHB Adjoiners List Revised January 26, 2016 PLANALP J ROBERT & REIDA STEVEN W & SOUTHSIDE PROPERTY LLC PO BOX 1 BOZEMAN, MT 59771-0609 CWP INVESTMENTS PO BOX 1105 BOZEMAN, MT 59771-1105 FIRST SECURITY BANK OF BOZEMAN PO BOX 910 BOZEMAN, MT 59771-0910 CUMMINGS JAMES A & SANDRA K SIX DOT DEVELOPMENT LLC 111 N TRACY AVE BOZEMAN, MT 59715-3523 CHOW HOUND LLC 24 N TRACY AVE BOZEMAN, MT 59715-3555 HINMAN TOM H & LINDA L TOMS ALIGNMENT 116 N BLACK AVE BOZEMAN, MT 59715-3606 KENYON NOBLE PO BOX 1109 BOZEMAN, MT 59771-1109 10 SPEED LLC 30 E MENDENHALL ST BOZEMAN, MT 59715-3631 COLVIN PETER H & ROBERTA N 1501 WILDFLOWER WAY BOZEMAN, MT 59715-8385 SOPER CHARLES 124 N BLACK AVE BOZEMAN, MT 59715-3606 THINKTANK DESIGN GROUP INC 33 N BLACK AVE BOZEMAN, MT 59715-3632 KILBRIDE DANIEL D TRUSTEE KILBRIDE DANIEL D & RICHARD L LVG TRUST 2849 WESTWOOD DR BILLINGS, MT 59102-2655 RIDGE LLC 151 MCGEE DR BOZEMAN, MT 59715-8094 SNOWY LANDS LLC 40 E MENDENHALL ST BOZEMAN, MT 59715-3631 ETXEA HOSPITALITY LLC PO BOX 370 BUFFALO, WY 82834-0370 ELVRON RYAN & MANDY 14 E MENDENHALL ST BOZEMAN, MT 59715-3631 CITY CENTER COMMERCE LLC 34 E MENDENHALL ST BOZEMAN, MT 59715-3631 R&B HOLDINGS LLC 869 BROOKDALE DR BOZEMAN, MT 59715-0690 CITY OF BOZEMAN AND CITY PARKING COMMISSION PO BOX 1230 BOZEMAN, MT 59771-1230 JOHNSON LIANE S PO BOX 848 CUT BANK, MT 59427-0848 CITY OF BOZEMAN PO BOX 1230 BOZEMAN, MT 59771-1230 JOHNSTONE WILLIAM & ANDREA 114 VILLAGE DOWNTOWN BLVD BOZEMAN, MT 59715-3815 5WEST, LLC 20 NORTH TRACY AVENUE BOZEMAN, MT 59715 483 City of Bozeman Aerial Image: April 2015 N Vicinity Map Subject Property 484 Project Narrative This Conditional Use Permit application is to allow for sales of alcohol for on-premises consumption in the designated areas both inside and outside at the Element Hotel. The specific area for sales will be restricted by a state license to be obtained and permitted separately. No changes to the building or site are proposed at this time. Existing plans and images are included for reference. Conditional Use Permit Checklist Item 1: Project Narrative providing a thorough description of what uses are being proposed and how they will function on the site and including detailed responses to the following: a. Response to the requirement that requires 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 the land and uses in the vicinity. The project is located within the B3 District (Central Business) and the Bozeman Neighborhood Conservation Overlay District. The project is consistent with the Bozeman Community Plan and the Downtown Design Guidelines and Standards and the 2009 Downtown Improvement Plan. The service areas are in the recently approved and completed Element Hotel project (site plan application #Z-13252) which was approved for the restaurant tenant space and associated outdoor seating area. The restaurant space has remained unfinished pending a specific tenant, but the patio area and railings were constructed. The Alcohol Sales/Service Area Reference Plan attached shows the tenant space (3150 gross SF) and the Patio Service Area (750 SF). The actual service/seating area of the tenant space will be reduced with the addition of a kitchen and final tenant improvements, which will be subject to building codes and department review. Other hotel main floor and exterior patio areas are highlighted as supplemental service areas. These supplemental areas are where the restaurant tenant may offer occasional service for specific events that are typical and accessory to a hotel use. No other tenants will be added to the hotel or serve alcohol in these areas. The project site is adequate in size and topography to accommodate the proposed use. All yards, spaces, walls and fences, parking loading and 485 landscaping are adequate to properly relate such use with the land and other uses in the adjacent vicinity. Adjacent uses in the immediate vicinity include Bridger Park (public parking facility) and other significant commercial uses with typical business district vehicular/pedestrian patterns. b. Response to the requirement that the proposed use will not have materials adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; and retail and restaurants are principal uses allowed within the B3 District and will not have any material adverse effects upon the abutting properties. Again, the recently approved and completed hotel project included a restaurant tenant space and associated outdoor seating areas, and is consistent and complies with the UDC. Public hearings were held as part of the project and there was no public comment relating to the tenant space or patio. There are no proximity issues with schools or churches. c. Response to the requirement of any special conditions of approval necessary to protect the public health, safety and general welfare. There are no special conditions of approval necessary to protect the public health, safety and general welfare. No further exterior modifications are planned, other than signage that will conform to the approved master sign plan. Interior modifications will be submitted and permitted according to applicable codes. Please note the alcohol service areas indicated on the attached reference plan, include the tenant space, tenant patio area as well as the rest of the hotel main level and guest patio areas. This is consistent with state permitting for supplemental service areas, but does not suggest a larger tenant space or additional parking requirements. 486 Hotel @ Block G - Downtown Bozeman Revised January 26, 2016 Site Statistics Zoning: B3 (Central Business District) Community Plan Designation: Community Core Lot Size 29891 SF 0.686 acres Total Hotel Rooms 104 rooms Future Interior Tenant Space (Approx. Square Footage)3150 SF Future Exterior Tenant Space (Approx. Square Footage)750 SF Total Tenant Space (Approx. Square Footage)3900 SF REQUIRED PARKING Spaces Factor Hotel Rooms 114.4 104 rooms 1.1 Employees on Max Shift 16 16 employees 1 Subtotal 130.4 Future Tenant Interior Space (first 3000 SF free applied here) 2.5 150 Net SF 1:60 Future Tenant Exterior Space 6.25 750 SF 1:120 Total 139.15 Additional Reductions (B3, transit hub, parking garage)55%(30% + 10% + 15% = 55%) TOTAL REQUIRED 76.5 spaces PROVIDED PARKING Provided Spaces (onsite)11 Provided Spaces (leased from Parking Garage)60 Provided Spaces (SID 565)20 TOTAL PROVIDED 91 spaces Quantity Parking Calculations 487 element hotel Alcohol ServiceArea = 3147 SFALCOHOL SALES/SERVICE AREA REFERENCE PLANSupplemental Alcohol Service Area = 15,830 SF(Main Level Hotel + Patio)Alcohol Service Area = 3,150 SF(Tenant Space)Patio Service Area = 750 SFREVISED 26 JANUARY 2016488 DN UP DN DN W DDDWW UP A201B A200 A A201 A A200 B 2019 1918151210864 1 1 143 B C A A D E H K M P R R F G J L N 17 6' - 2 1/2"22' - 7 3/4"10' - 6" Q 5 7 9 11 13 19' - 9 1/8"19' - 6"15' - 6"15' - 6"15' - 6"15' - 6"15' - 6"19' - 11 1/2"6' - 8 1/4"21' - 7 3/4"19' - 6"19' - 6"19' - 6"19' - 6"19' - 6"19' - 6"136' - 8 5/8"28' - 3 3/8"22' - 9"6' - 0"22' - 9"15' - 6"15' - 6"15' - 6"10' - 5 1/4"2' - 7 3/8"A310 A A311B A311F A303 A A302 A A301B A302 B A301A B A213 C A213 A A210 A A210 B A210 B A210 A202 A 10' - 3 7/8"3' - 0" 2' - 5 1/2" 3' - 0" 19' - 7"19' - 6"19' - 6"19' - 6"19' - 6"15' - 6" 3' - 4" 3' - 1 1/4" 3' - 4"3' - 0" 2' - 3 3/8" 9' - 0"2' - 3 3/8" 28' - 6 1/4" VESTIBULE 100 RECEPTION 101 LOUNGE 102 BREAKFAST 103 HALL 104 PANTRY/ PREP 105 MECHANICAL 108 STAIR 1 109 MEETING ROOM STORAGE 110 ELECTRICAL 111 BUSINESS CENTER 114 HALL 118 LOBBY 116 ELEVATOR 146 ELEVATOR 145 FITNESS CENTER 119 POOL 121 STAIR 2 123 HALL 120 GUEST LAUNDRY 127 HALL 126 BREAK ROOM 128 EMPLOYEE TOILET 129 STORAGE 125 TENANT 131 SAFE DEPOSIT 132 PANTRY 133INFO 134 ADMINISTRATION 135 OFFICE 137 OFFICE 136 A A211 A A211 B A211 B A211 C A211 C A211 A A351 B A240 A240 A A240CA240 D7"A A221 C A221 D A221 E A221 B A222 WOMEN 106 HALL 104 MEN 107 100A 105B 105A 106A106B 106C 107A 107B 108A 108B 109A 109B 110 111 113A112A 112B 113B 115 119 118 123A 120 129 147 132 134 137136 UP -0'-10" 0'-0" 0'-0" 0'-0" -0'-10" 0'-0" 0'-0" 0'-0" 2' - 2" 8' - 0 1/8"14' - 9"14' - 6"3' - 9 7/8"2' - 0 1/2"MEETING 112 MEETING 113 IT/ DATA 138 138 26' - 11"1' - 8"8' - 6"1' - 11"2' - 0"14' - 11" 131A 3' - 7 1/4" 10' - 0"4' - 0"C C A230 A A230 B A230 C KJ M N P H V B QRS U 16 A230 D A230E A230 F A230 H A230JA230K A230 L A230 M A230 N 3' - 0"15' - 6"5' - 0" 123B 131B 131CL A230 P 2' - 3 1/4"15' - 3 1/2"2' - 3 1/4"W X3' - 2 1/2"3' - 8 3/4"A311 A LOUNGE 115 HALL 117 HOUSE KEEPING 147 100B 2' - 3 3/8" 5' - 0 5/8"2' - 4 1/2" 2' - 3 3/8" 4' - 10" 2' - 1 3/8" A A213 21 21 22' - 7 3/4" 195' - 7" 28' - 10 1/4" 3' - 1 3/4" CONTRACTOR TO LOCATEREQUIRED STANDPIPES INSTAIRWELLS. CONTRACTOR TO LOCATEREQUIRED STANDPIPES INSTAIRWELLS. A230 G 121B T 1' - 1 3/8" POOL EQUIPMENT 124 124 Z 106D 3' - 2"20' - 0"1' - 7 1/4"2' - 11 1/2"8' - 5 1/8"2' - 4"14' - 6 3/4"11' - 8 1/4"2' - 3 1/4"12' - 6 1/8"3' - 8 1/2"3' - 6"12' - 8 3/4"4' - 1 3/4"2' - 3 3/8"2' - 3 1/4"4' - 4"8 3/4"2' - 7 3/4"11 5/8" 17' - 8"10" 23' - 2 1/8"2' - 6 3/8"11 1/4"2' - 11 1/2"14' - 7 3/8"1' - 9 5/8"1' - 4 1/2"1' - 4 1/2"5' - 4" 1' - 4 1/8" 1' - 4 5/8" AA ATM 14' - 11"2' - 0"14' - 11"2' - 0"14' - 11"10"6' - 0"BBBBBB26' - 11 1/8"21' - 11 1/2"11' - 7"6' - 3 5/8" TOILET 122122 6' - 8"4' - 4"1' - 3"A304 A 7' - 11 7/8"10' - 11 3/4"1' - 6"22' - 3 1/2"2' - 1 1/4"22' - 0"2' - 1 1/4"125 130 126 127 JANITOR 130 121A 2' - 5 1/4"13' - 8"1' - 11" UP 128 CC DD RE: LANDSCAPEDRAWINGS 12' - 6 1/4"26' - 0"3' - 0"13' - 6"1' - 7" B A202 B C A230 Q ISSUE DATES: © 2013 COPYRIGHT GH2 ARCHITECTS, LLC PROJECT #: SHEET NUMBER: 320 South Boston, Suite 1600 Tulsa, OK 74103 T: 918.587.6158 GH2.COM A SPECIALTY PRACTICE OF GH2 ARCHITECTS, LLC A101 20130178ELEMENT by WestinBozeman, MTFirst Floor PlanStarwood Hotels and Resorts 1/8" = 1'-0"AFIRST FLOOR PLAN 02/25/14 Addendum #305/09/14 Addendum #4 08/01/14 CCD #308/15/14 CCD #609/12/14 CCD #7 11/25/14 CCD #10 02/06/15 CCD #12 15 15 15 15 15 15 15 15 489 490