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Home My WebLink About16- Taco Del Sol Application 15527 MANTMT Planning January 12, 2016 Marley McKenna 1222 South Willson Avenue Bozeman,MT 59715 RE: Taco del Sol Conditional Use Permit,Application 15527 Dear Ms.McKenna, On January 11, 2016, the City Commission preliminarily approved your Conditional Use Permit to allow the sales of alcohol for on-premise consumption at 35 West Main Street.The decision on the application was based on the fact that,with conditions and code provisions, the proposal complies with the requirements of Chapter 38 of the Bozeman Municipal Code, will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Community Plan. A complete and signed final plan request and supporting materials must be submitted to the Department of Community Development within six months of the Commission's preliminary decision, or by July 11, 2016. The submittal must be accompanied by a written narrative explaining how all of the recommended conditions of approval and code provisions approved by the City Commission (and included in the staff report) have been addressed. If the final plan cannot be submitted within the six-month period as previously referenced, a six month extension may be granted by the Director of Community Development. The conditions of approval and code provisions approved by the City Commission are as follows: Conditions of Approval Planning Conditions 1. The applicant is advised that unmet code provisions, or code provisions that are not pp 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 Municipal Code Sections 38.19.110.I and 38.34.160 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. .--^,�. z`Ev`„*.t s& 1 a Bi 1230 -Akx ""r. t st: 582 26' 5 ,2 ,.,. bozo ��o � �al�lre s�et �� I�� z��i;o Q, � 82 � www z� tk", � ��'� Z'� � S��0 an x.s ,s,:d+`�.-t- ��.,n:�a",?3� �� m �,rvn-?s'..�-.si�r,da Ex. :' �,a.r : a'�' /'-4 aX ,r` r�.,�,� �^`�'a•�."�"{.......is`'� 'e-Z�,y'' TDD: 406-582-2301 THE MOST LIVABLE PLACE. 9 Mr Planning 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. 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. Code Provisions A. 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. This is a required final step in the CUP process. The document is attached. B. Section 38.19.110.I, 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 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. 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 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 �rr��.�^a�"-:;n�-^-��- � `�',-^Fa4�.-✓"�i.,^"�" -ci��r� -a�"� � w'-�.a�✓�.=,.'X,.,.,-'_`:-'"K:-.�'w��" ,�� -�-.�i ,`<..�-cc-"" �` pm, Boxi230 20 East 00ve StreetBozeman, Cf7 5977j-1230 f. 40'h-502-226° 0 8 2si3 www &ozna nit TDD: 406-582-2301 THE MOST LIVABLE PLACE. AN pq MT Planning $Q$Q revoke the approval through the procedures outlined in Section 38.34.160,BMC. This City Commission project decision may be appealed by filing a petition with a court of record,within 30 days after the date of approval,by following the procedures of Section 38.35.080.B, BMC and Montana Code Annotated Section 76-2-327. A copy of the CUP document that needs to be signed,notarized and recorded at the Gallatin County Clerk and Recorder's office is enclosed. Please review this document to ensure the property owner information and property description,including the legal description,is correct. If you have any questions, or if the Planning Division can be of further assistance, please do not hesitate to contact me at 406-582-2285. Thank you for your participation in the review process. Sincerely, Al,9 tann yi Mitch WerBell Assistant Planner End: CUP Recorded Document CC: City Clerk's Office Bridger del Sol Corporation, 35 West Main Street, Bozeman, MT, 59715 file 1I I TDD: 406-582-2301 THE MOST LIVABLE PLACE.