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Home My WebLink About21- Conditions of Approval - Courtyard Hotel by Marriot Special Use Permit for 2168 Boot Hill Court Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street PLATTE 2738356 Page: 1 of 4 06/18/2021 02:18:10 PM Fee $28.00 IIIIIII IIIIII III IIII IIIIIII IIIIII IN 1III IIIII IIIII IIIII lountyIIIMT IIII III IIIII IIIII IIIII IIII IIIISc CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE COURTYARD HOTEL BY MARRIOT SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 2168 BOOT HILL COURT,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 M-1 zoning district (Light Manufacturing); and WHEREAS, the use is to be located on property that is legally described as Lewis & Clark Commercial Subdivision, Lot 4, Block 2, City of Bozeman, Gallatin County, Montana; and WHEREAS,the use is to be located on property that is legally zoned as M-1 (Light Manufacturing)zoning district; and WHEREAS,the Special Use Permit (SUP) is contained within the City of Bozeman Department of Community Development's zoning application 20406; and WHEREAS, The Special Use Permit is required for the sale of alcohol for on-premises consumption in the M-1 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. COURTYARD HOTEL BY MARRIOT SUP 20406 PAGE I 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 of 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 requires review and approval of a new special use 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. The permit for on-premises consumption of alcohol is specifically conditioned upon the owner's continued compliance with all state and federal laws related to licensing, sale, service, and consumption of alcohol as well as continued compliance with all provisions of the Bozeman Municipal Code. The above requirements include the Applicant's continued compliance with City license and regulations related to alcohol sales and regulations for public safety and land development(chpt. 38,BMC). The above includes but is not limited to the requirement that structures and uses on the property maintain compliance with all conditions and requirements of this permit and all components of the approved site plan[s), such as offsite parking requirements. In addition,the landowner must comply with all requirements of local adopted building codes or building permits. This SUP may be revoked by the City for non-compliance with any of the above requirements. COURTYARD HOTEL BY MARRIOT SUP 20406 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 special 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 special use permit must be contingent upon the fulfillment of all general and special conditions imposed by the Special 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 special 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.I describes the process for termination/revocation of a Special Use Permit approval: a. Special 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 special 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 special 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 special use which has terminated may be reestablished on a site by either,the review and approval of a new special use permit application, or a determination by the Community Development 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 Community Development Director may not be appealed. If the Community Development Director determines that the special use permit may be renewed on a site then any conditions of approval of the original special use permit are also renewed. c. If activity begins for which a special 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. 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 2168 Boot Hill Court. COURTYARD HOTEL BY MARRIOT SUP 20406 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION DATED THIS DAY OF �� — , 2021. Property Owner Signature 1_ t s Vn, ►&x I, n Printed Name r i cot VIC/' C eaw e Title STATE OF MONTANA :ss County of A CLdLw On this �A_ day of , 20 1, befo)Ae me, the undersigned, a Notary Public for the State of Montana personally a pea• d I known to me to be the o the property owner t at executed the withi instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Printed name) Notary Public fo the State of Montana �NER 6,y HEATHER E NM Residing at � 7 2oTA��y�F� NOTARY PUBLIC for the My Commission Expires: State of Montana (Use four digits for expi i SEALmy-commission ration ye r) u� Residing et.Helena,Montana ,� My Commission Expires �OF August 11,2021 COURTYARD HOTEL BY MARRIOT SUP 20406 PAGE 4 OF 4