HomeMy WebLinkAbout15- Bozeman Taproom Conditional Use Permit at 321 East Mendenhall Street Inter-office Original to, ( �''� 2533636
L*� Page: 1 of 6 12/22/2016 09:20:13 AM Fee: $42.00
City of Bozeman .. Charliotte Mills - Gallatin County, MT Misc
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P.O.Box 1230
Bozeman,MT 59771
BOZEMAN TAPROOM CONDITIONS OF APPROVAL
FOR ON-PREMISES CONSUMPTION OF ALCOHOL
CONDITIONAL USE PERMIT AT 321 EAST MENDENHALL STREET
BOZEMAN,MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow the on-premises consumption of alcohol in the Bozeman Taproom tenant
space addressed as 321 East Mendenhall Street,Bozeman,Montana; and
WHEREAS,the uses to be located on.property-that-is,legally,.described;the,South 50 feet
of Lots'17-19, Bozeman Original Plat, situateti''in the NortH'east'One Quarter (NE '4-) of.Section
7, Township Two South (T2S), Range Six ;East (R6E), City of Bozeman; Gallatin County,
Montana;and
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WHEREAS, the Conditional Use Permit is contained within the City of Bozeman
Department of Community Development's zoning application 15-419; 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. 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.
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2. 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.
3. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.19.110.I and 38.34.160 based on substantial complaints
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CONDITIONS OEAPPROV:4L FORA CONDITIONAL USE`PERMIT APPLICATION
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.
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.
5. Section 38.21.050.F BMC requires all mechanical equipment to be screened. Rooftop
equipment shall be incorporated into the roof form or screened in an enclosure and
ground mounted equipment shall be screened with walls, fencing or plant materials. The
final site plan shall contain a notation that "No ground mounted mechanical equipment,
including, but not limited to utilities, air exchange/conditioning units, transformers, or
meters shall encroach into the required yard setbacks and will be properly screened with
an opaque solid wall and/or adequate landscape features. All rooftop mechanical
equipment shall be incorporated into the roof form or screened in an approved rooftop
enclosure.
6. A color palette for the building that includes actual material samples, manufacturers
product information as applicable, and color chips shall be submitted for review and
approval by the Department of Community Development as part of final plan approval in
order to verify compliance with the preliminary site plan submittal, the Neighborhood
Conservation Overlay District guidelines and that no shiny materials are being proposed
that may impact adjacent residential properties or public streets. The materials/color
palette shall be presented on a board no larger than 24" x 36" and contain all the primary
materials to be utilized on the building including window frames/glazing and doors (incl.
garage). All final building elevations and details shall be keyed to the color palette to
delineate where each individual building material and color is specified. The palette shall f
be returned to the applicant following approval. The materials and selected colors shall
include the following specific details:
a. Window glass material and color
b. Window system material and color
c. Material and color of all exterior doors it
7. No modifications to existing brick window infill are permitted on the north elevation ]
without prior written approval of the City through the appropriate plan modification
process.
8. No modifications to the existing electric service shown on the north elevations are
proposed. Any proposed modification requires prior written approval of the City through
the appropriate plan modification process.
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9. All exterior windows shall be transparent to promote the goals and objectives of the
Neighborhood Conservation Overlay District.
10. The applicant shall submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
11. The project includes a new fire service line to the building. Plans and Specifications for
the fire service line must be prepared in accordance with the City's Fire Service Line
BOZEMAN T �(
APROOM CUP ZONING.APPLICATIO T 15=419 ,. PAGE 2.OF 5
,.;:CONDITIONS OE APPRQ�AI,FQR'A CONDITIONAL USE;sPERl1(IIT.�FPLICA:'T�Q�:�.::�`.
Policy by a Professional Engineer (PE), and be provided to and approved by the City
Engineer prior to initiation of construction of the fire service or fire protection system.
The applicant shall also provide Professional Engineering services for construction
inspection,post-construction certification, and preparation of mylar record drawings.
12. The proposed fire service line and any proposed changes to the water service shall be
shown on a final site plan and approved by the Water/Sewer Superintendent. City of
Bozeman applications for service shall be completed by the applicant prior to
construction. Any water meter or service line layout shall be coordinated with the
Water/Sewer Superintendent and Engineering.
If not already existing, a backflow preventer must be added near the water meter inside
the building per the City's Water Inspection Requirements for services.
13. The Montana Department of Transportation (MDT) is planning upgrades to Rouse
Avenue. The applicant shall coordinate the proposed improvements with MDT to avoid
potential conflicts.
14. If the MDT improvements to Rouse Avenue will not be complete within the timeframe to
open the proposed project, applicant shall replace existing damaged sidewalk panels at
the project frontage on Rouse Avenue to accommodate the proposed exterior seating
area. Prior to sidewalk demolition, an Application for Sidewalk and/or Driveway and
Curb Cut Permit must be submitted to the Engineering Department. The sidewalk panels
that are replaced shall be per the City standard.
15. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 38.39.020.A.1 of
the Bozeman Municipal Code (BMC). This shall be submitted as part of the final site
plan for site developments. It shall be the responsibility of the applicant to ensure that
the construction traffic follows the approved routes.
16. All construction activities shall comply with section 38.39.020.A.2 of the BMC. This
shall include routine cleaning/sweeping of material that is dragged to adjacent streets.
The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The
developer shall be responsible to reimburse the City for all costs associated with the work
if it becomes necessary for the City to correct any problems that are identified.
17. Pedestrian safety shall be ensured using pedestrian traffic control during any construction j
activities that encroach on the adjacent sidewalk.
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CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. Sheet A3.3 shows the limit of work. According to the submitted plan set additional
modification to rooftop unit screening will be constructed. Any approved Certificate of
Appropriateness is limited to the area with the limits of work.
B. Section 38.23.150.D.7.a BMC requires that all outdoor lighting, whether or not required
by this section, shall be aimed, located, designed, fitted and maintained so as not to
present a hazard to drivers or pedestrians by impairing their ability to safely traverse and Ij
so as not to create a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property.
BpZEMAN TA'ROOM CUP ZONING APPLICATION.I5.'419 PAGE 3 OFS
:Gt�NDITIONS OF;APPROVA X.FOR A.CONDITIONAL,US 'PERIvIIT APPLICATION
C. Section 38.23.150.D.7.b BMC requires that all outdoor lighting fixtures shall be shielded
in such a manner that no light is emitted above a horizontal plane passing through the
lowest point of the light emitting element, so that direct light emitted above the horizontal
plane is eliminated.
D. A construction management plan shall be submitted with the final plan submittal
including provisions for a construction trash enclosure. For applications other than those
classified as sketch plan reviews per Section 38,19.050 BMC, the applicant shall
designate a temporary enclosed refuse storage area on the site plan, including a typical
detail with dimensions and type of materials, for the storage and collection of building
material debris during the construction phase of the project, and that said debris area is
shown accordingly on the final plan.
E. Pursuant to Section 38.25.040.A.5, BMC requires bicycle parking for the project and
establishes the requirements for said bicycle parking. Bicycle racks have not been shown
on the preliminary site plan in compliance with this section.
F. 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.
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:
G. 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.
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H. Section 38.19.1101,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 farther 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 Section 38.19.130,BMC.
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2. A conditional use which has terminated may be reestablished on a site by either, the
BOZEPANQ. M, i3P=ZQNIl�TG.Aa'PLICATI[ON 15r419 = PAGE 4-OF 5
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 deterinines 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.
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,BMC.
CONDITIQNS OF APPitOUAL FORAQITIONAL USEjPER1VIIT'A'PLCATr4N:-
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 light
manufacturing operations occur as conditioned and do not cease for any reason for more than 90
days pursuant to Section 38.32.1010.1), BMC at 321 East Mendenhall Street.
DATED THIS DAY OF 2015.
PROPERTY OWNER
___ Signaturc
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Printed Name and Capacity
STATE OF M )
:ss
County of
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On this day of ! £'' , 2015, before me, the undersigned, a Notary Public for
the State of + , personally appeared J L. r r' f�° known to
me to be 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. I
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qqA JENNIFER L ARPIN AR' 'ti NOTARY PUBLIC for 1hF t
(Seal) * SEAL State of Montana t (Printed Name Here)
a Residing at Bozeman,Montana Notary Public for the State of 1
9TF N My Commission Expiras �i
o�Mfl April 16,2018
Residing at
My Commission Expires: ,' Jt. /'s•: u i
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