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HomeMy WebLinkAbout19- Conditions of Approval - 1783 North 19th Avenue - Home Depot Lot 2, Buffalo Wild Wings Conditional Use Permit Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street PLATTED=Avkw 2659920 Page: 1 of 4 10/02/2019 12:45:28 PM Fee: $28.00 Eric Semerad - GallaItin County, MT MISC (I�III�'III"I III II�I'IIIIII I��III II'IIII IIII(III)IIII��II�I�III(IIII II�'�IIII)IIII IIII CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE HOME DEPOT LOT 2,BUFFALO WILD WINGS CONDITONAL USE PERMIT FOR PROPERTY LOCATED AT 1783 NORTH 19TH AVENUE, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit to allow the sale of alcohol for on-premises consumption with an all beverage license within the M-1 zoning district(light industrial district); and WHEREAS, the use is to be located on property that is legally described as Lot 2 of the Home Depot Minor Subdivision 319, S2, T2S, R5E, P.M.M. City of Bozeman, Gallatin County, Montana; and WHEREAS, the use is to be located on property that is legally zoned as M-I (light industrial district) zoning district; and WHEREAS, the use is to be located on property that is within the Stoneridge Planned Unit Development which allows for restaurant, bars and taverns in the M-1 district; and WHEREAS, the Conditional Use Permit (CUP) is contained within the City of Bozeman Department of Community Development's zoning application 19089; and WHEREAS, The Conditional Use Permit is required for the sale of alcohol for on- premises consumption in the M-1 zoning district as required by the Stoneridge Planned Unit Development and the Bozeman Municipal Code; and WHEREAS, the Conditional 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 HOME DEPOT LOT 2,BUFFALO WILD WINGS CUP 19089 PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 Montana Department of Revenue alcohol license for the establishment must be submitted to the Department of Community Development prior to alcohol service. 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. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.1 and 38.200.030 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 possession 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. Conditional Use Permit and Special Use Permit Provisions, Bozeman Municipal Code (BMC): 1) 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. 2) 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. i) After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; ii) Final zoning approval to reuse the property for another principal or conditional use is granted; iii) 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 HOME DEPOT LOT 2,BUFFALO WILD WINGS CUP 19089 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 HOME DEPOT LOT 2,BUFFALO WILD WINGS CUP 19089 PAGE 3 DF 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 Conditional 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 1783 North 19"' Avenue. DATED THIS DAY OF J 1�m��:— , 2019. Property Owner i atLIM Printed Name Title STATE OF MONTANA :ss County of l ) On this day of c , 2019, before me, the undersigned, a Notary Public for the State of Montana,personally appeared LgXrd AYl r'_Y�SQfl ,known to me to be the �f�J d�(Zt of 0 KI «>1 rx►no, �+(C ro"D the property,owner that executed the within instrument. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notarial Seat the day and year first above written. � vV CSEA C R EY CAMERON r �o PUBLIC for the (Printed name: ( e of Montana Notary Publ fog the Stat f Montana Residing at Billings,MontanaResiding at ` U1� - r 1�� My commission 12,�2020xpires My Commission Expires: 0�U (Use four digits for expiration year) HOME DEPOT LOT 2,BUFFALO WILD WINGS CUP 19089 PAGE 4 OF 4