Planning Commission Agenda and Packet 2022 08 11

Home Browse Search

SUMMARY: The applicant, Garrett Nicodemus of Rocky Mountain Tap and Garden, requests approval of a Temporary Use Permit as a Precursor to a Permanent Use (TUPPU) to allow construction of an outdoor beer garden on the currently -vacant lot across from the Rocky Mountain Tap and Garden restaurant and bar. The beer garden is to be used solely by the customers of the Rocky Mountain Tap and Garden restaurant and bar. This request would permit a 90-day temporary use of the site. BACKGROUND: The subject property is a vacant, .64 acre lot located in the DELO Plaza development (DELO). The property is owned by Stephen D. Tebo. The land is zoned Commercial Community mixed use (CC -MU) and is governed by the Mixed -Use Development Design Standards and Guidelines (MUDDSG). The lot is in the DELO plaza mixed use development at the southwest intersection of Courtesy Road and Short Street. The site is also bounded on the west by a private drive aisle and on the south by a parking lot, which serves the existing commercial structures. The City approved the DELO Plaza Planned Unit Development and Final Plat in 2015 (see Attachment Nos. 4 and 5). The proposed development is on Lot 1 of the DELO Plaza Final Plat. The Delo Plaza PUD included approval of a drive through commercial building on Lot 1 that was never constructed. Any new permanent development on Lot 1 requires approval of a PUD amendment, new PUD or Special Review Use (SRU) approval. In 2021, the applicant's partner, James Martell, applied for a Special Review Use (SRU) for the same site. The SRU request was for a food truck court along with an outdoor beer garden. In early 2022 Martell brought on new ownership partners for Rocky Mountain Tap and Garden and the SRU process was abandoned. In discussions with the applicant regarding the new vision for the site, it was determined that development of the lot now requires a PUD amendment. LMC Sec. 17.14.090 requires approval of a PUD for any development within the mixed use district. This is also consistent with all other commercial developments in the City that are required to have a PUD and/or SRU site plan approval for outdoor eating and drinking establishments. In other words, even though a use is listed as allowed, it must still be authorized and the site planning approved through a PUD and/or SRU approval. The applicant also desires approval of a Temporary Use Permit as a Precursor to a Permanent Use to allow them to begin work and operations pending approval of the PUD. Temporary Use Permits are only allowed for specific development types outlined in LMC Sec. 17.16.180, including as a Precursor to a Permanent Use. The definition of a precursor use is as follows: 1077 Courtesy Rd Temporary Use As a Precursor to a Permanent Use Page 2 of 11 PC —August 11, 2022