HomeMy WebLinkAboutA2. CCOA and CUP 105 W Main15447 Staff Report for the Baxter Hotel Patio Addition and On-Premises Consumption CCOA & CUP Page 1 of 19
15447 Staff Report for the Baxter Hotel Patio Addition and On-Premises
Consumption Commercial Certificate of Appropriateness and Conditional
Use Permit Application
Date: City Commission Public Hearing April 11, 2016
Project Description: A combined Commercial Certificate of Appropriateness (CCOA) and Conditional Use Permit (CUP) application was submitted to the Planning Division of Bozeman’s Department of Community Development requesting the addition of an exterior patio serving area located west of the existing building addressed at 105 West Main Street, which is within the B-3 (Central Business) zoning district.
Project Location: 105 West Main Street. The property is zoned B-3, Central Business District, and is legally described as Lots 1-3 and the east 18 feet of Lot 4, Block B, Tracy’s 1st Addition, S07, T02S, R06E, Block B, 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 15447 and move to approve the Baxter Hotel Patio Addition On-Premises Consumption Conditional Use Permit with conditions and subject to all applicable code provisions.”
Report Date: March 29, 2016
Staff Contact: Allyson B. Brekke, Associate Planner
Agenda Item Type: Action (Quasi-Judicial)
EXECUTIVE SUMMARY
Project Summary A combined Commercial Certificate of Appropriateness (CCOA) and Conditional Use Permit (CUP) application was submitted to the Planning Division of Bozeman’s Department of Community Development requesting the addition of an exterior patio serving area located west of the existing building addressed at 105 West Main Street, which is within the B-3 (Central Business) zoning district. The property is historically known as The Baxter Hotel and is a contributing historic resource in the Main Street Historic District. The CCOA is required for the patio addition since the addition includes a fence and is deemed an exterior alteration to the building. The CUP is required for the expansion and further development of an existing use area for the sales of alcohol for on-premises consumption on a site legally developed prior to September 3, 1991 (per Section 38.19.140, Bozeman Municipal Code). The further development is determined to contain significant alterations and requires a new development review application
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Unresolved Issues During the Development Review Committee (DRC) meeting, the applicants indicated to City Staff that they have some general concerns with condition of approval No. 6. This requirement is the same as what was required of the Bozeman Distillery business, directly west of The Baxter’s property, when they proposed an outdoor patio in the privately owned area between the two buildings. Staff encouraged the Baxter property owner to work with the Bozeman Distillery owner and partner in the closing of the private driveway approach and curb cut between the two properties.
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
Project Summary ................................................................................................................. 1
Unresolved Issues ............................................................................................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 10
SECTION 3 - CONDITIONAL USE PERMIT PROVISIONS OF THE BMC .................... 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
SECTION 5 - STAFF ANALYSIS......................................................................................... 12 Applicable Plan Review Criteria, Section 38.19.100, BMC ........................................... 12 Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC ........... 14
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 17
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 17
Project Background ........................................................................................................... 17
Project Summary ............................................................................................................... 17
Unresolved Issues ............................................................................................................. 18
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 18
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 18
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FISCAL EFFECTS ................................................................................................................. 19
ATTACHMENTS ................................................................................................................... 19
SECTION 1 - MAP SERIES
Figure 1: Subject Property & Zoning Map
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Figure 2: Future Land Use Map
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Figure 3: Site Plan/Survey of Property
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Figure 4: First and Mezzanine Floor Plans
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Figure 5: Basement Floor Plan (not currently used)
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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, do 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 possession 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 with the final plan application outlining how each of the conditions of approval and code provisions has been satisfied.. 6. The access to the private alley off Main Street must be physically closed to allow the proposed outdoor patio use. This would consist of eliminating the driveway approach and constructing new curb, gutter and sidewalk to replace the approach. 7. Access to the private alley from the rear alley should be limited to delivery vehicles only to avoid parked car stacking in the private alley. This may be accomplished with signage at the entrance to the private alley that specifies delivery vehicles only. 8. A surveyor licensed in the State of Montana shall seal and certify the identified lot line location between Lot 4 and Lot 5.
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.” This is a required final step in the CUP process. The City will provide the applicant with the document to record.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Baxter Hotel Patio Addition On-Premise Consumption CCOA & CUP,
Application 15447 The Development Review Committee (DRC) considered the Commercial Certificate of Appropriateness (CCOA) and Conditional Use Permit application to allow the addition of an exterior patio serving area located west of the existing building addressed at 105 West Main Street. The CUP is required for the expansion and further development of an existing use area for the sales of alcohol for on-premises consumption on a site legally developed prior to September 3, 1991 (per Section 38.19.140, Bozeman Municipal Code). The DRC recommended conditional approval at its February 17, 2016 meeting. The City Commission held a public hearing and reviewed the application at its March 28, 2016 meeting.
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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 of the BMC for the property.
3. Conformance with all other applicable laws, ordinances, and regulations The plans will be evaluated against the requirements of the International Building Code (IBC) at the time a building permit application is submitted. Condition of Approval No. 2 addresses coordination with other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property The proposed patio serving area would be located directly west of the existing Baxter building and within an existing private drive located between two adjacent properties, with the Baxter property being the owner on the east side. The private drive is not located within a dedicated public right-of-way; therefore, the City does not hold any property owner interests in the drive area. The outdoor restaurant use and affiliated serving area 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 Parking requirements are addressed with this CCOA and CUP application. The applicant supplied a parking anaylsis for the entire building and showed a supply of 152 parking spaces for the property, 52 of them located within an off-site parking garage and the remaning 100 supplied through the downtown parking Special Improvement District allocation (SID 565). Following all applicable parking reductions available to the nonresidential uses and B-3 zoned property, per Section 38.25.040.A.2, the building
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6. Pedestrian and vehicular ingress and egress The Bozeman Distillery property, adjacent to the Baxter property on the west side, has been approved by the City of Bozeman Planning Division to construct an outdoor patio serving area within their section of the privately owned drive. With that approval, it was required that a clear and free path be maintained between all outdoor serving areas. This path is currently shown on the Bozeman Distilery’s property and is reflected on the Baxter’s submitted site plan and property survey in Section 1 of this report. Condition of Approval No. 6 speaks to the removal of the curb cut and drive access for the private drive along Main Street. This condition was also required of the Bozeman Distillery property. Staff is encouraging the Baxter property owner to work in partnership with the Bozeman Distillery property owner to determine any opportunities in sharing the cost of such a removal.
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, there are no performance standards for properties located within the core of the B-3 zoning district.
8. Open space Not applicable. No additional residential uses are proposed with the application.
9. Building location and height Not applicable. No changes to the existing building are proposed.
10. Setbacks The proposed patio serving area is located on the private Baxter property. Buildings and accessory uses may be located to the property line due to the B-3 zoning requirements.
11. Lighting The applicant is aware that any future lighting modifications must be reviewed in conformance with the BMC.
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 Per Condition of Approval No. 7, access to the private alley from the rear alley should be limited to delivery vehicles only to avoid parked car stacking in the private alley. This
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15. Grading Not applicable. No changes to the existing site are proposed.
16. Signage No signage is proposed with this application.
17. Screening No new 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. The proposed patio fencing is found to be appropriate for the site and surrounding historic district.
19. Other related matters, including relevant comment from affected parties No public comment was received with 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.
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
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and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The commercial mixed-use building at 105 West Main 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 of Approval No. 2 requires a copy of the State Revenue Department alcohol license prior to serving. 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 both from the front and back. 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 outdoor restaurant patio serving areas as shown on the submitted site plan and floor plan drawings in Section 1 of this report. 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 of Approval No. 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 waiver, minor in possession of alcohol, or any other applicable law regarding consumption and/or possession of alcohol. There is adequate parking and pedestrian access, and municipal services are sufficient to serve the proposed use. Staff finds that the sales of alcohol for on-premise consumption will have no material adverse effect upon abutting properties.
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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.
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, related to Conditional Use Permit approval, is cited in
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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.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Background The existing Baxter Hotel is an approximately 50,000 square foot, mixed-use building that was constructed in 1929. The building is comprised of multiple restaurants/bars, public ballroom/meeting room spaces, business offices and residential condominium units. The property has a permitted State of Montana liquor license affiliated with all existing serving areas. The license and sales of alcohol for on-premises consumption predate the City’s Conditional Use Permit requirements for such a use.
Project Summary A combined Commercial Certificate of Appropriateness (CCOA) and Conditional Use Permit (CUP) application was submitted to the Planning Division of Bozeman’s Department of Community Development requesting the addition of an exterior patio serving area located west of the existing building addressed at 105 West Main Street, which is within the B-3 (Central Business) zoning district. The property is historically
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Unresolved Issues During the Development Review Committee (DRC) meeting the applicants indicated to City Staff that they have some general concerns with Condition of Approval No. 6. This condition is the same as what was required of the Bozeman Distillery business directly west of The Baxter’s property, when it proposed an outdoor patio in the privately owned area between the two buildings. Staff encouraged the Baxter property owner to work with the Bozeman Distillery owner and partner in the closing of the private driveway approach and curb cut between the two properties.
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 April 3 & 10, 2016. Notice was posted on site on March 25, 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: Baxter Main, LLC., 105 West Main Street, Suite A, Bozeman, MT 59715
Applicant: Robin Bar, Inc., dba Baxter Hospitality, Inc., 105 West Main Street, Bozeman, MT 59715
Representative: Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715
Report By: Allyson B. Brekke, Associate Planner
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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
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