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Home My WebLink About19- Conditions of Approval - 1805 West Oak Street, Suite 1 - Thai Basil Special Use Permit Inter-office original to: City of Bozeman Department of Community Development 20 F,ast Olive Street 2637307 Page: 1 of 5 02/05/2019 10:33:28 AM Fee: $35.00 Eric Semerad - Gallatin County, MT MISC 11111111�11111III11111111I11111111111111111111111111111IIIIIIIIII111111111111111111 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE THAI BASIL SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 1805 WEST OAK STREET, SUITE 1,BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Special Use Permit to allow the sale of alcohol for on-premises consumption within the B-2 zoning district (community business); and WHEREAS, the use is to be located on property that is legally described as Bridger Peaks Town Center Subdivision Phase 1 and 2, S01, T02 S, R05 E, Lot 3; and WHEREAS, the use is to be located on property that is legally zoned as B-2 (community business) zoning district; and WHEREAS, the Special Use Permit(SUP) is contained within the City of Bozeman Department of Community Development's zoning application 18551; and WHEREAS, The Special Use Permit is required for the sale of alcohol for on-premises consumption in the B-2 zoning district; and WHEREAS, the Special Use Permit application is subject to the following conditions of approval and code provisions: 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 (BMC) or state law. THAI BASIL SUP 18551 ` PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 2. A copy of the State Revenue Department alcohol beverage license for the establishment must be submitted to the Department of Community Development prior to the sale of alcoholic beverages. 3. Any modification of the State on-premises consumption retail alcohol license from a beer and wine beverage license to a license allowing additional uses or scope of services requires review and approval of a new special use permit. 4. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.160 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. 5. 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. 6. If not already existing, a grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code must be installed with any development responsible for food preparation. In accordance with Bozeman Municipal Code (BMC) 40.03.960, on-site maintenance and interceptors service records must be kept on a regular basis and made available to the City upon request. 7. If not already existing, a backflow preventer must be added to the existing water service inside the building for protection of the public water supply (BMC 40.02.750). The applicant shall arrange an inspection with the City Backflow and Cross Connection Specialist (Jubal Whitlock) at the City's Water and Sewer Division to obtain a determination of status of the backflow preventer. Conditional Use Permit and Special Use Permit Provisions, Bozeman Municipal Code (BMC): 1. In addition to the review criteria of section 38.230.100 BMC, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through I. 2. Section 38.230.110.E states that the right to a conditional use permit must be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions must 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. THAI BASIL SUP 18551 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 3. Section 38.230.110.I describes the process for termination/revocation of a Conditional Use Permit approval: a. 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. 1. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; 2. Final zoning approval to reuse the property for another principal or conditional use is granted; 3. The use or development of the site is not begun within the time limits of the final site plan approval in Section 38.230.140 BMC. b. 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. C. 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 38.200.160, BMC. THAI BASIL SUP=18551 PAGE 3 OF 4' CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION NOW, THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of approval and code provisions for the Special Use Permit shall be binding upon the undersigned owner of the subject property, and successors or assigns, as long as the use remains at the property addressed at 1805 West Oak Street, Suite 1. DATED THIS DAY OF J�lr11/V4�� ,2019. Property Owner W/--- Signature IL%iliZ Il_ 11 Printed Name Title STATE M1�A]'1 :skvy i l ( � County of (� ) On this ay of Ja 19,before me, the undeLned, tary Public for the State of tea, person l ap , known to me to be the ni ;b the property owner that executed tL within instru ent. IN WITNESS WHEREOF, I ve h eunto set my hand and affixed my Notarial Seal the day and year first above written. (SE ) (Printed name) Notary Public for t State of Montana Residing at My Commission Expires. (Use four digits for expiratio ear) THAI BASIL SUP 18551 PAGE 4 OF 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California C San Diego County of ) On 28th January 20196 before me, Estrellita S. Wohlbrandt (insert name and title of the officer) personally appeared Kerrie Ozarski who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal ESTRELLITA SUZETTE WOHLBRANDT Notary Public-California San Diego County a Commission N 2183595 Signature (Seal) I My Comm.Expires Feb 16,2021