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HomeMy WebLinkAbout15- Zacola Conditions of Approval iter-office original to: City of Bozeman City Clerk's Office 121 N.Rouse Avenne PLATTED �f v 2516093 Page: 1 of 4 06/29/2015 03:58:02 PM Fee: $28.00 Charlotte Mills - Gallatin County MT MISC IIIIII IN 111111111111111111111 III 111111111111111111 CONDI�'IONS OF!APP12.Q'VAL�QR A CONI�rTTQNA�tSE PEP�YIIT A�'PLICATIQN CONDITIONS OF APPROVAL FOR THE ZOCALO COFFEE HOUSE ON-PREMISES CONSUMPTION CONDITIONAL USE PERMIT AT 117 EAST MAIN STREET BOZEMAN,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit application to allow the on-premises consumption of alcohol, through a beer and wine alcohol license, in the Zocalo Coffee tenant space addressed as 117 East Main Street, Bozeman, Montana; and WHEREAS,the use is to be located on property that is legally described as East 14 feet of Lot 5, Block E, Original Townsite, City of Bozeman, Gallatin County, Montana; and WHEREAS,the Conditional Use Permit is contained within the City of Bozeman Department of Community Development's zoning application Z14363; and WHEREAS, the Conditional Use Permit is required for on-premise consumption of alcohol (beer and wine) in the B-3 zoning (Central Business District); and WHEREAS, the Conditional Use Permit application is subject to the following conditions of approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed s co nditions onditions of approval,P oval does not in an way, create a i Y Pp y y, waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. A copy of the State Revenue Department alcohol license for the establishment shall be submitted to the Department Community Development prior to the sale of alcoholic beverages. 3. The right to serve alcohol to patrons is revocable 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. ZbCAt 0 CL?FFEQUS (7N-PREMISS CtT AT_ON �14363 PACE 1�7F 4 I C(7�1>7XTI0NS OF APPRQUAL FUR A G0IDITIGIAI ISSE PEI MIT APPLICATION 4. 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. WHEREAS, the Conditional Use Permit and Certificate of Appropriateness application is subject to all provisions of the Bozeman Municipal Code including the provisions listed below: a. Section 13.12.322 BMC the Water/Sewer Superintendent is requiring an inspection of your water service to determine whether the water service has backflow protection and if such protection is installed that the device is appropriate for the level of use for the facility. If the service has been found without backflow protection the applicant will have a preventer and expansion tank installed. If the existing device does not provide adequate protection,the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. Please call the Water Department's Backflow specialist at 582-3200 to arrange an inspection of the water service. b. Section 38.19.110.17 BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall 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. c. Section 38.19.110.1 BMC describes the process for termination/revocation of a conditional use permit approval: 1. 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: a. After having been commenced,the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.19.120 2. 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 OCAt 0 C(?FFEE HOUSE ..............- PAGE 2 OF 4,; i CaN1 T l rC} S aE APPRQ V AL oR A CC}Nr�1TrONAr�USE FERMI I'A�'�'LICATraN 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. 3. 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 38.34.160 d. Section 38.21.150.F states mechanical equipment must be screened if proposed in affiliation with the proposed use. 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 on-premise consumption of alcohol (beer and wine) remains at the property addressed as 117 E. Main Street. DATED THIS Ta DAY OF U ,2015. ZOCALO COFFEE 11OUSE ON-PREMISES CUP APPLICAi ` Z1436 PAGE 3 OF 4 CONDITIONS OE APPROVAL FOrt A G©NDITrUNAT USE PERMrT APPLrCATrOI`T PR ERTY OWNER Robert O. Evans (Printed name) REVCO President (On behalf of) (Capacity) .ss County of 11G JZ j M L o On this day ofMAVU , 2015, before me, the undersigned, a Notary Public for the State of Montana , personally appeared Robert O. Evans, known to me to be the President of REVCO, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. EEAY SANTIGLIA (Printed na e) SANT1G `Nt7 ARY PUBLIC for the ;Ral ;'' State of Montana Notary Public for he State of Montana = SEAL _ Residing at Residing at Belgrade,Montana My Commission Expires My Commission Expires:OF August 15,2015 (Use four digits for expiration year) �OCAL{�C(}FFi✓F HUUSE UN-PREMISS CUP AiTETCAM10R Z14363 PA F 4 OF 4