HomeMy WebLinkAbout16- Union Market Conditional Use Permit 326 East Mendenhall Street i ,
CONDITIONS OF APPROVAL FOR.A.C.ONDITIONAL:USE;PERMITAPPLICATION
Inter-office Orlp-hW to:
City of Bozeman
Office of the City Clerk
P.O.Box 1230
Bozeman,MT 59771
UNION MARKET CONDITIONS OF APPROVAL
FOR ON-PREMISE CONSUMPTION OF ALCOHOL
CONDITIONAL USE PERMIT AT 326 EAST MENDENHALL STREET,
BOZEMAN,MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow the sales of alcohol for on-premise consumption in the Union Market
addressed as 326 East Main Street, Bozeman,Montana; and
WHEREAS, the uses to be located on property that is legally described as Bozeman
Original Plat, S07, T02 S, R06 E, Block D,N 70',Lots 20&21 Less 2'x26' Strip Along with Line
Lot 21, 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 15532 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
WHERE,AS, 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 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 State Revenue Department alcohol license for the establishment shall be
submitted to the Department of Community Development prior to the sale of alcoholic
beverages.
3. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMTr APPLICATION:::
15.Pedestrian safety shall be ensured using pedestrian traffic control during any construction
activities that encroach on the adjacent sidewalk.
16. Although not a requirement, since the impervious area of the site is not being altered, the
applicant is strongly encouraged to provide stormwater detention, retention, and/or filtration
of runoff water from the site as stormwater from this site discharges directly to Bozeman
Creek. For example,judicial use of permeable pavers in parking spaces along the western
boundary of the existing parking lot may provide substantial filtration of oils and other
contaminants prior to runoff into the adjacent creek.
WHEREAS, the Conditional Use Permit application is subject to all provisions of the
Bozeman Municipal Code including the provisions listed below:
A. A bike rack detail shall be provided with the final site plan in conformance with the
City's Transportation Plan as required in Section 38.25.040.A.5.a. BMC. While a bike
rack location is shown to be provided, a detail of the bike rack must be provided on the
final plan to demonstrate that it complies with the approved bike rack types
B. Section 38.19.110.F 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 Termination/Revocation of 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 i£
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 Section 38.19.130, 13MC.
2. A conditional use which has terminated may be reestablished on a site by either, the
UNION'.1VIARI ET.ZONINOAPPLICATION 1-5532 PAGE`.8,QF;:S
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION---I
DATED THIS DAY OF 12016.
PROPERTY OWNER
Signature
Ohl -I
Printed Name and Capacity
STATE OF W">"A dA Z4 1
:ss
County of
On this day of ( e.ly 10
2015, before me, the undersigned, a Notary Public for
K 7,C)-k' known to
the State of ' 'L
, personally appeared � lv.�c�t-Y
me to be the property caner 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.
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(Seal) (Printed Name Here)
Notary Public for the State of
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V-1 UL's
Residing at 5-tnv4l Lt-
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My Commission ExpiresJ
(Use 4 digits for expiration yeik)
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JUNION MARKET ZONING APPLICATION-15532::-----