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Home My WebLink About19- Conditions of Approval - 109, 111, 113 East Oak Street, Building E, F, and G - Cannery District Special Use Permit Inter-office original to: City of Bozeman Department of Community Development 20 Rast Olive Street / 2637791 Page: 1 of 4 02/12/2019 12:50:48 PM Fee: 1g28.00 Eric Semerad - Gallatin County, MT MfSC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII I IIII III IIIII I I IIIII IIII IIII CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE CANNERY DISTRICT PARTNERS SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 109, 111, 113 EAST OAK STREET -BLDG E,F AND G,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 Imes Addition to Bozeman, Lot E, F and G, Plat C-41-M; 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 18581; 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. CANNERY DISTRICT PARTNERS SUP 18581 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. Per Bozeman Municipal Code Section 38.520.070 ground and roof mounted mechanical equipment must be screened from public view, as specified in the referenced Code section. Mechanical equipment must be screened within 90 days of the date that the conditional approval letter was signed by the Department of Community Development, or the SUP may be void, per Section 38.230.110.F. 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. 3. Section 38.230.110.1 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 CANNERY DISTRICT PARTNERS SUP 18581 PAGE 2 OF 4 i i CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 4 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. CANNERY DISTRICT PARTNERS SUP 18581 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 109, 111, 113 East Oak Street-Building E,F and G. DATED THIS DAY OF ga-va.w ,2019. Property Owner 4Si tur �,ZS _ p�o Printed Name Title STATE OF MONTANA :ss County of C--j(,� On this a day of , 2019, before me, the undersigned, a Notary Public for the State of Montana, personally a peared U QLT'E u C O W(1 , known to me to be the M.emlpef MoLcnac,er of �)i-5t6 . LL C- , 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. +41 SMITH (Printed name) c sMity Notary Public Notary Public for the State of Montana `` :NOTAR�,q( .=for the State of Montanu Residing at L�c)2etoOLf1 Min-�pnC� * SEAL. *' Residing at: M Commission Expires: aoaa �y ` ntana M commisslonoExpir s: (Use four digits for expiration year) � ` November on Expires: CANNERY DISTRICT PARTNERS SUP 18581 PAGE 4 OF 4