HomeMy WebLinkAbout16- Grey Dog On-Premise Consumption Application Z14341 BOZEMAN
PMT
Planning
January 19, 2016
Peter Andrews
Intrinsik Architecture
111 North Tracy Avenue
Bozeman, MT 59715
RE: Grey Dog On-Premise Consumption Conditional Use Permit, 34 North
Bozeman Avenue,Application 214341
Dear Sirs and Madams:
The Final Plan for the above referenced project has been approved.
As the applicant, you must comply with all provisions of the Bozeman Municipal Code,
which are applicable to this project. All 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.
Please be informed that ANY changes from the final plan or final building elevations will
need to be reviewed by the Department of Community Development.
Future Impact Fees- Building permit applications will require payment of the required
transportation,water,sewer and fire impact fees according to the City of Bozeman adopted
impact fee schedule in place at the time of building permit issuance. If you desire an
estimate of the required impact fees according to current rates please contact the
Department of Community Development.
If you have additional questions, or if the Department of Community Development can be of
further assistance, please do not hesitate to contact me at 406-582-2260. Thank you and
good Iuck with construction of the project.
Sincerer /
fi --�
Mh erBel
Assistant Planner
Enc: Impact Fee letter
C: Ilaj Javad LLC,201 East Main Street,Bozeman,MT 59715
Ilaj Javad LLC,PO Box 186,Bozeman,MT 59771
Danette Tenneson,MT Dept of Revenue,Liquor Licensing,PO Box 1712,Helena,MT 59604-1712
City of Bozeman Building Division
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TDD 406-582-2301 THE MOST LIVABLE PLACE.
Interoffice original to:
City of Bozeman
Department of Community Development
20 Fast Olive Street
���YTEo 2527216
Page: 1 of 5 -10/09/2015alt10:29:01 TM Fee: $3MISC
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND CERTIFICATE
OF APPROPRIATNESS APPLICATION
GREY DOG ON-PREMISES CONSUMPTION CONDITIONAL USE PERMIT AND
CERTIFICATE OF APPROPRIATENESS FOR PROPERTY LOCATED AT 34 NORTH
BOZEMAN AVENUE, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit and Certificate of Appropriateness to allow for on-premise consumption of alcohol in
a proposed bar/restaurant tenant space and exterior building facade improvements for the
building addressed as 34 North Bozeman Avenue; and
WHEREAS, the use is to be located on property that is legally described as the south
100 feet of Lots 34-38, Block D, Bozeman Original Plat, City of Bozeman, Gallatin County,
Montana; and
WHEREAS,the use is to be located on property that is legally zoned as B-3 (Central
Business) zoning district; and
WHEREAS, the Conditional Use Permit (CUP) is contained within the City of Bozeman
Department of Community Development's zoning application no. Z14341; and
WHEREAS, the Conditional Use Permit is required for the request of on-premises
consumption of alcohol within a building tenant space on the property; and
WHEREAS, the Conditional Use Permit application is subject to the following
conditions of approval and code provisions:
Community Development Conditions:
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 Community Development prior to the sale of alcoholic
beverages.
3REY DOG ON-PREMISES CONSUMPTION CUP Z14341 PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND CERTIFICATE
OF APPROPRIATNESS APPLICATION
3. The right to serve alcohol to patrons is revocable based on 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.
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.
Engineering Conditions:
5. Off-street parking shall not encroach upon any public street or alley right-of-way.
6. Temporary and/or permanent storage of construction materials and supplies is prohibited
within any street right-of-way.
7. Any damaged sections of public sidewalk fronting the property shall be repaired to ADA
standards and eliminate trip hazards.
8. A grease interceptor conforming to the adopted Uniform Plumbing Code shall be installed on
the sanitary sewer service outside of the building foundation.
9. Sizing calculations for the water service shall be provided showing the existing 3/4" diameter
service has adequate capacity. If a larger service is required, the applicant is notified that
water/sewer impact fees will be required.
10. Water rights or cash in lieu thereof shall be provided if the anticipated annual water demand
is one acre-foot greater than the existing historical water use.
11. At a minimum, stormwater runoff generated from the project exceeding the existing runoff
condition shall be retained on-site. The applicant is encouraged to go beyond the minimum F
standard, however, and retain runoff generated from all impervious areas on the property for
the 10-year 2-hour storm event as a potential stormwater fee credit may be available.
12. A Stormwater Management Permit(SMP) must be submitted and approved by the City
Engineer prior to final site plan approval. The SMP requires submittal of an application
form, a stormwater management plan, and payment of fees in compliance with the city's
stormwater management ordinance #1763.
Community Development Code Provisions:
a. Section 38.28.080 requires a comprehensive sign plan to be submitted for buildings or lots
with two or more tenants subject to a common development permit. The plan shall conform
to the standards of Article 28 and be submitted at the time of final plan review.
b. Section 38.23.150.D.7.b states 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.
c. Section 38.21.050.F requires all mechanical equipment to be screened. Rooftop equipment F
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 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 1
GREY DOG ON-PREMISES CONSUMPTION CUP Z14341 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND CERTIFICATE
OF APPROPRIATNESS APPLICATION
and/or adequate landscape features. All rooftop mechanical equipment shall be incorporated
into the roof form or screened in an approved rooftop enclosure."
d. Section 38.25.020 requires adequate provision for snow storage in parking areas. Snow may
not be deposited on public right-of-way or cause unsafe ingress/egress to the parking area.
The snow storage area appears inadequate for the proposed parking area. Sufficient storage
area must be shown on the final plan.
e. 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.
f Section 38.41.100 BMC states that a separate landscape plan designed by a landscape
professional must be submitted with the final plan application.
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.
h. 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 ,E
GREY DOG ON-PREMISES CONSUMPTION CUP Z14341 PAGE 3 OF 4
fi
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND CERTIFICATE
OF APPROPRIATNESS APPLICATION
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,BMC.
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-premises
consumption of alcohol remains within the designated building tenant space at 34 North
Bozeman Avenue.
DATED THIS 11, DAY OF 0 Ct , 20 (
COR' TION
(Name)
Haj Javad, LLC N�MfS' '-
(On behalf of) (Capacity)
STATE OF MONTANA
:ss
County of BOZEMAN)
On this e day of %c--/ , 2015, before me, the undersigned, a Notary Public for the State
of Montana. personally appeared, 1/11,12. J,i.5/0.6ezve i , known to me to be the
/14fh✓A6,44; tttImetitf Haj Javad, LLC, 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.
6
JEn/ WANE ci �tiJCS ' /
�
Notary PIH �� G i?Yz ��- -t7,aJii(.'
-00,1A8/4 W=for C8EAf1J: of Montana; (Printed name)Residinf7,�,�� 1
N.SI:S L. ,z Bozeman P�ontana l Notary Public for the State of'�/ k,4417W/l
Or IJ,c1`skc� My cerees_s:es Expires: Residing at 60n/7-Inv X740-tiTft^lA
` January 17, 2018
My Commission Expires:j,44,i,,71,y / T ICAC:
GREY DOG ON-PREMISES CONSUMPTION CUP ZI4341 PAGE 4 OF 4
11
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT AND CERTIFICATE
OF APPROPRIATNESS APPLICATION
(Use four digits for expiration year)
GREY DOG ON-PREMISES CONSUMPTION CUP Z14341 PAGE 5 OF 4
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