HomeMy WebLinkAbout17- Conditions of Approval - Union Market, 326 East Mendenhall Street - On-Premise Consumption of Alcohol CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Inter-office Original to:
City of Bozeman
Office of the City Clerk
P.O.Box 1230
Bozeman,MT 59771
257561
9
Page: 1 of 6 03/28/2017 12:08:36 PM Fee: $42.00
Charlotte Mills - Gallatin County, MT misc
IIIIIIIIII Nil111111111111111111111111111111111 III11111111111111 III 1111111111111 IN
UNION MARKET CONDITIONS OF APPROVAL
FOR ON-PREMISE CONSUMPTION OF ALCOHOL
CONDITIONAL USE PERMIT AT 326 EAST MENDENHALL STREET,
BOZEMAN,MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow the sales of alcohol for on-premise consumption in the Union Market
addressed as 326 East Main Street,Bozeman,Montana;and
WHEREAS, the uses to be located on property that is legally described as Bozeman
Original Plat, S07,T02 S,R06 E,Block D,N 70',Lots 20&21 Less 2'x26' Strip Along with Line
Lot 21,City of Bozeman, Gallatin County,Montana;and
t
WHEREAS, the Conditional Use Permit is contained within the City of Bozeman i!
Department of Community Development's zoning application 15532 and
WHEREAS, the Conditional Use Permit is required for on-premise consumption of
alcohol(beer and wine)in the B-3 zoning(Central Business District);and
Y
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. A copy of the State Revenue Department alcohol license for the establishment shall 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
UNION MARKET ZONING APPLICATION 15532 PAGE 1 OF 5
4
if
i
CONDITIONS OF APPROVAL FOR A CONDITIONAL,USE PERMIT APPLICATION
Municipal Code Sections 18.19.110.1 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. All exterior windows shall be transparent to promote the goals and objectives of the
Neighborhood Conservation Overlay District.
6. Signage on the smoker visible from the public rights of way is prohibited.
7. 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.
8. If not already existing, a backflow prevention device must be added near the water meter
inside the building per the City's Water Inspection Requirements for services.
9. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code
shall be installed with any development responsible for food preparation. In accordance with
municipal code, on-site maintenance and interceptor service records shall be kept on a
regular basis and made available to the City upon request.
rceptor
10.An access easement ore agreement dhe C unty Clerk,laiid location copy of the executedeeasementtor
trash enclosure shall be filed
agreement shall be provided as a condition of final plan approval.
11. As the applicant is aware, Montana Department of Transportation (MDT) is planning
upgrades to Rouse Avenue. The applicant must coordinate the proposed improvements with
MDT to avoid potential conflicts.
12.The applicant must provide approval from MDT for the right-of-way encroachment by the
building.
13.The applicant shall submit a construction route neap dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 38.39.020.A.I of the
Bozeman Municipal Code (BMC). This shall be submitted as part of the final site plan for
site developments. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
14.All construction activities shall comply with Section 38.39.020.A.2 of the BMC. This shall
include routine cleaning/sweeping of material that is dragged to adjacent streets. The City
may require a guarantee as allowed for under this section at any time during the construction
to ensure any damages or cleaning that are required are complete. he work he elf pitrshallbbecomes
responsible to reimburse the City for all costs associated with t
necessary for the City to correct any problems that are identified.
UNION MARKET ZONING APPLICATION 15532 PAGE 2 OF 5
i
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
15.Pedestrian safety shall be ensured using pedestrian traffic control during any construction
activities that encroach on the adjacent sidewalk.
lb.Although not a requirement, since the impervious area of the site is not being altered, the
applicant is strongly encouraged to provide stormwater detention, retention, and/or filtration
of runoff water from the site as stormwater from this site discharges directly to Bozeman
Creek. For example,judicial use of permeable pavers in parking spaces along the western
boundary of the existing parking lot may provide substantial filtration of oils and other
contaminants prior to runoff into the adjacent creek.
WHEREAS, the Conditional Use Permit application is subject to all provisions of the
Bozeman Municipal Code including the provisions listed below:
A. A bike rack detail shall be provided with the final,site plan in conformance with the
City's Transportation Plan as required in Section 38.25.040.A.5.a. BMC. While a bike
rack location is shown to be provided, a detail of the bike rack must be provided on tiie
final plan to demonstrate that it complies with the approved bike rack types.
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 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 Section 38.19.130,BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the
UNION MARKET ZONING APPLICATION 15532 PAGE 3 OF 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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 HERESY 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 sales of
alcohol for on-premise consumption occurs as conditioned and does not cease for any reason for
more than 90 days pursuant to Section 38.32,1010.D,BMC at 326 East Mendenhall Street.
3
3
i
3
3
I
UNION MARKET ZONING APPLICATION 1553� PAGE OF 5
U
i
U
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
DATED THIS DAY OF MaMk ,201K(I
PROPERTY OWNER
Signature
Printed Name and Capacity
STATE OF
:ss
County of 4\ �k ) ,^ (I
On this I day of aCd , 204 before nmq, t undersigned, a Notary Public for
the State of o� personally appeared �a �{QC�� 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.
\��yPNN � �,l awe,� FPS
(Seal) � �S�oN ffio;>d,'
Printed Name Here
s 9 , Notary Public for the State of
"�OTAq` N; �lO,�lil�o�-{ O V\
Residing at
;N�A'•,q, �:p, My Commission Expires: O OZO
AZ
bBEA 3o,* -> ` (Use 4 digits for expiration year)
oF�W ASN�����•
UNION MARKET ZONING APPLICATION 15532 PAGE 5 OF 5
TtAd. Petc.,rsen
West Seattle,WA
t2/3/1.5
,rravis Bye rly
4520 Sourdough Road
Bozeman,MT 59715
Re: `rrash Enclosure 326 Mendenhall
If!Travis.
This letter is intended to communicate the ability foryou to build a triish elICIOSL11"'
orl the southwas'l.caster of'the building at 326 Pa-,it Mosiderthall Stmtm-
Intrinsik Arebitecture.leas Indicated in the prellminary plans submitted to Om,elty
the 0-do.11 enclosure Will he positioned iri'a manner to create efficiency for the use,
This will also allow You(tenant) tostorv,and dispose of items In a lociflom away
from the front of the buildijig. This will help to,Increase the sireet appeal of the
I think this will be the ideal location to handle the waste and mcycling:needs of the
business, If you have any questions please contact me.
Thank YOU,
Todd Peterson