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Home My WebLink About16- Conditions of Approval - Marathon Seat Covers Remodel and Addition, 1624 West Beall Street - On-Premise Consumption CONDITIONS OF APPROVAL FORA CONDITIONAL USE PERMIT Inter-office Original to: City of Bozeman 0�1'0 Office of the City Clerk P.O. ma 1230 543510 Bozeman,MT 59771 Page: 1 of 4 04/27/2016 03:39:40 PM Fee: $2MISC Charlotte Mills - Gallatin County, MT I I�'II�'III'II III III IIIIII'I�'I�I III III IIIII��II�III'�'IIII�Ii�I�III I'II�III III MARATHON SEAT COVERS REMODEL AND ADDITION CONDITIONS OF APPROVAL FOR ON-PREMISE CONSUMPTION OF ALCOHOL CONDITIONAL USE PERMIT AT 1624 WEST BEALL STREET, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit to allow expanded light manufacturing use within the addition in the B-2 zoning district located at in the Marathon Seat Cover Remodel and Addition tenant space addressed as 1624 West Beall Street, Bozeman,Montana; and WHEREAS, the uses to be located on property that is legally described as Lot 3 in Block 3 of Kirk Second Subdivision within Section 12, Township 02 S, Range 05 E, Bozeman, Gallatin County, Montana; and WHEREAS, the Conditional Use Permit is contained within the City of Bozeman Department of Community Development's zoning application 16044; and WHEREAS, the Conditional Use Permit is required for on-premise consumption of alcohol (beer and wine) in the B-2 zoning(Community Business District); 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 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. 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. 3. 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. 4. The applicant shall obtain a City of Bozeman(COB) Stormwater Management Permit from the Stormwater Program Coordinator prior to building permit approval. MARATHON SEAT COVER REMODEL AND ADDITION SITE PLAN/CUP ZONING APPLICATION 16044 PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 5. A maintenance plan for the retention pond shall be submitted prior to final plan approval. The property owner is responsible for maintenance of the retention pond, and the maintenance plan shall be kept on site. 6. If not already present inside the building, a backflow preventer must be installed near the water meter per the COB Water Inspection Requirements. The applicant shall schedule an inspection with the City's backflow and cross connection specialist(Jubal Whitlock)to verify this requirement as a condition of final plan approval. If the backflow preventer is not installed, it shall be indicated on the plans for the project as being installed. 7. The application materials indicate a fire service line will not be installed for this building. The applicant shall contact Erin Shane with the City Water Department to obtain a hydrant flow test in the vicinity of the building to check adequacy of available fire flows. Test results shall be submitted with the final plan. 8. If a fire service line is required for the project per the City Building Department,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 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 shall also provide professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. 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.F BMC states that the rights 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 38.19.110.1 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 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. MARATHON SEAT COVER REMODEL AND ADDITION SITE PLAN/CUP ZONING APPLICATION 16044 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 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 38.23.170 requires that the site plan shall have designated an area for temporary trash collection during construction. This area needs to be designated and added to the site plan prior to final plan approval. MARATHON SEAT COVER REMODEL AND ADDITION SITE PLAN/CUP ZONING APPLICATION 16044 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT 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 expanded light manufacturing use occurs as conditioned and does not cease for any reason for more than 90 days pursuant to Section 38.32.1010.D, BMC at 1624 West Beall Street. DATED THIS 25th DAY OF April , 2016. PROPERTY OWNER Signature Keith Gordon President Printed Name and Capacity STATE OF_ ) :ss County of��!Iian ) On this day of 2016, before me, the undersigned, a Notary Public for the State of ,personally appeared VM4 6QrQJ6Y1 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. �rrrft SILVEY NOTAW PUBLIC for the Stato of tdontana 11.44 (Seal) *1 S��°:* Residing at Bozeman,Montana (Printed Name Here) �< My Commission Expires Notary Public for the State of ry]� o'F MONK Novemba 12,2017 rY Residing at F1�J 1I Af) C My Commission Expires: 1 f f (Use 4 digits for expiration year) MARATHON SEAT COVER REMODEL AND ADDITION SITE PLAN/CUP ZONING APPLICATION 16044 PAGE 4 OF 4