HomeMy WebLinkAbout16- Conditions of Approval - True Dragon Brewery Conditional Use Permit, 418 and 422 North Plum Avenue 2544985
Page: 1 of 5 05/12/2016 02 22 09 PM Fee $35.00
Charlotte Mills - Gallatin County, MT MISC
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Inter-office Original to: PLATTED
City of Bozeman
Office of the City Clerk
P.O. Box 1230
Bozeman,MT 59771
CONDITIONS OF APPROVAL FOR TRUE DRAGON BREWERY
CONDITIONAL USE PERMIT AT 418 AND 422 NORTH PLUM AVENUE,
BOZEMAN,MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow the retail sales for on-premise consumption of alcohol produced on site in
the True Dragon Brewery addressed as 418 and 422 North Plum Avenue, Bozeman, Montana;
and
WHEREAS, the uses to be located on property that is legally described as Lots 21-24 of
Block 50, Lots 24-29 of Block 53 and Portions of Vacated Orange Street, Northern Pacific
Addition, 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 15554 and
WHEREAS, the Conditional Use Permit is required for retail sales for on-premise
consumption of alcohol produced on site in the M-1 zoning(Light Industrial District); and
WHEREAS, the Conditional Use Permit application is subject to the following
conditions of approval and code provisions:
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 Montana Department of Revenue domestic brewery license for the
establishment must be submitted to the Department of Community Development prior to
the sale of alcoholic beverages.
TRUE DRAGON ZONING APPLICATION 15554 PAGE 10 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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. The applicant must aggregate Lots 24-30 and Lot A, Block 53 and Lot B, Block 50 of the
Northern Pacific Addition through the subdivision exemption process allowed under
MCA to accommodate the proposed site design. The Amended Plat must be recorded at
the Gallatin County Clerk and Recorder's Office prior to final plan approval.
5. The applicant must submit a written narrative with the final plan application detailing
how each of the conditions of approval and code provisions has been satisfied.
6. Plans and specifications for any fire service line must be prepared in accordance with the
City's Fire Service Line Policy by a Professional Engineer (PE) and be provided to and
approved by the City Engineer prior to initiation of construction of the fire service or fire
protection system. The applicant must also provide Professional Engineering services for
construction inspection, post construction certification, and preparation of mylar record
drawings.
7. The applicant must locate the proposed sidewalk along the East Avocado Street property
frontage immediately inside the right-of-way line, so the sidewalk will be located within
a public right-of-way.
8. Sidewalk must be extended along E. Avocado Street to connect North Broadway Avenue
and Plum Street, which will allow pedestrian connectivity to the project per Section
38.24.080, BMC.
9. A design calculation must be provided for stormwater detention for the first 0.5-inch of
rainfall from a 24-hour storm preceded by 48 hours of no measurable precipitation per the
City of Bozeman Design Standards and Specifications Policy. Either this requirement or
the previously calculated difference between the pre and post development condition will
control sizing of the detention pond.
10. The applicant must contact the City of Bozeman Water Reclamation Facility
Superintendent (Herb Bartle) to determine if any pretreatment of brewery wastes is
required to ensure that the City's water reclamation process is not detrimentally
impacted. Any necessary mitigation measures must be shown on the final plans. An
estimate of the wastewater flow rate and biochemical oxygen demand (BOD) or chemical
oxygen demand(COD) is needed for that review.
11. The applicant must provide an estimate of sewer flows from the proposed project. A
downstream sewer main identified as the Front Street Interceptor in the City of Bozeman
Wastewater Facility Plan has limited available capacity of approximately 280 gallons-
TRUE DRAGON ZONING APPLICATION 15554 PAGE 2 OF 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
per-minute. The available capacity of the downstream sewer main may not be exceeded
prior to upgrade of that main.
12. The applicant indicated a 2-1/2-inch water service; however,this is not a standard size for
the City. The applicant must contact the Water and Sewer Superintendent to determine
the appropriate water service configuration.
13. The proposed storm drain inlet to be located between the pedestrian sidewalk ramps at
the intersection of Plum Avenue and Avocado Street must be located upstream of the
pedestrian ramp on Plum Street.
14. The detention pond slopes are indicated with a 3:1 slope. The detention pond slopes must
be a 4:1 or less per the City of Bozeman Design Standards and Specifications Policy.
15. The Department of Public Works must install a stop sign on the southwest corner of the
Peach Street and Plum Avenue intersection prior to issuance of Certificate of Occupancy
for the brewery building at 418 & 422 North Plum Avenue. Any traffic mitigation at this
intersection must be paid for using public funds.
WHEREAS, the Conditional Use Permit application is subject to all provisions of the
Bozeman Municipal Code including the provisions listed below:
A. Sections 38.24.050, Street and road right-of-way width and construction standards;
Section 38.24.080, Sidewalks; and 38.25.020.L, Pedestrian facilities in parking lots.
Architectural drawings must be updated to reflect all pedestrian crosswalk ramps,
pervious pavers and approved public sidewalk location.
B. 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.
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 i£
a. After having been commenced, the approved use is not actively conducted on
TRUE DRAGON ZONING APPLICATION 15554 PAGE 3 OF 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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.
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 retail sales
for on-premise consumption of alcohol produced on site occurs as conditioned and does not
cease for any reason for more than 90 days pursuant to Section 38.32.1010.1), BMC at 418 &
422 North Plum Avenue.
TRUE DRAGON ZONING APPLICATION 15554 PAGE 4 OF 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
DATED THIS DAY OF �V&L�= , 2016.
PROPERTY OWNER
O
Signature
6uJI-q Je,
Printed Name and Capacity
STATE OF )
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County of 6U- 0 )
On this � day of , 2016, b ore me, the u dersigned, a Notary Public for
the State ofl;`( (�'r(� �, perso ally appeared I V'-, CA' � known to
me to be the property owner that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
LINDSAY M.METCALF
;;=oSPo ARw cv; NOTARY PUBLIC for the
(Sea State of Montana trtinted Here)4L _ Residing at lic the tate of
Three Forks,Montana
My Commission Expires
March 15,2017 Residing at
My Commission xpires:
(Use 4 digits for expiration year)
TRUE DRAGON ZONING APPLICATION 15554 PAGE 5 OF 5
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