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Home My WebLink About19- Conditions of Approval - 712 Wheat Drive - Fiesta Mexicana Special Use Permit Inter-office original to: City of Bozeman Department of Community Development 20 Fast Olive Street PLATTED h 2646492 Page: 1 of 4 06/04/2019 02:41:27 PM Fee: $28.00 Eric Semerad - Gallatin County, MT MISC 11111111111111111I1111111111111111111111111111111111111111111111III I11111111111111111 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE FIESTA MEXICANA SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 712 WHEAT DRIVE, 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 Wheat Commercial Sub Amnd, S01, T02 S, R05 E, Lot 7, Plat J-58-B, City of Bozeman, Gallatin County, Montana; 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 19010; 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 or state law. FIESTA MEXICANA SUP 19010 PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 2. A copy of the State Revenue Department alcohol license for the establishment must be submitted to the Department Community Development prior to the sale of alcoholic beverages. 3. A copy of the City of Bozeman alcohol license for the establishment must be submitted to the Department of Community Development prior to alcohol service. 4. Any modification of the State on-premises consumption retail alcohol license from a beer and wine license requires review and approval of a new special rise permit. 5. 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. 6. If a grease interceptor does not currently exist, the applicant must install a grease interceptor for the proposed use, per the plumbing code. 7. The applicant must contact the City Water and Sewer Department Backflow Prevention Specialist to inspect the existing water meter installation at the building. If it does not already exist, the applicant must place a backflow preventer near the water meter to the building to provide protection of the public water supply. 8. 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. 9. Prior to final approval the required street trees, pedestrian connection to the sidewalk,the new trash enclosure, and bike racks must be installed or financially guaranteed. 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 FIESTA MEXICANA SUP 19010 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 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. FIESTA MEXICANA SUP 1901'0 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 712 Wheat Drive. r DATED THIS G-V -19 DAY OF , 2019. Property Owner Signature /•� /J. NCa�/'r/l Printed Name Title STATE OF MONTANA •ss County of C,a 11 a l i h ) On this day off,�, , 2019, before me, the undersigned, a Notary Public for the State of Montana, personally appeared , 11 ro r6 c &I.t cI Ili , known to me to be the 0 t o in"�- ofJ I"o5 f x I<"12 ►-1 " 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. e/Ap__It� 1�� MARY JANE DISANTI �S 1 (SEA".otary Public (Printed e) TARIq4?; for the State of Montana Notary Public or the State of Montana Residing at: y N SEAL Q< Bozeman, Montana Residing at 2 C y1 c�rV ci oF Mo �2`. Mgeptember ion Expires: My Commission Expires:< � z _�p O (Use four digits for expiration year) FIESTA MEXICANA SUP 19010 PAGE 4 OF 4