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Home My WebLink About15- Red Tractor Pizza Application 15508 OZ E AMT Planning December 15, 2015 Legends Studio c/o Kira Ogle 3805 Valley Commons Dr. • Suite 11 Bozeman, MT 59718 RE: Red Tractor Pizza Conditional Use Permit,Application 15508 Dear Ms. Ogle, On December 14, 2015, the City Commission preliminarily approved your Conditional Use Permit to allow the expansion of sales of alcohol for on-premise consumption at 1005 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 June 14, 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. 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. 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 38.19.110.1 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. '��t +�. ss�' It D L� �� B j >7b 82-2260 f` 406-582-2263' 1wwwbo �e ,ti- ,'..`- � ,. :aO 7+ $ # �1±I' " r9%..� 3mrxs' < ?z. -.e.�t3-F ` .,.w; `-;'`'�&,.�9^� .ue�- z'-'eF�.�7y� 5 ` `R'�.. � �� li TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ MANTMT 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. 6. The red tractor shall be removed from the site or relocated inside the building. Engineering Conditions 1. Pursuant to Section 40.02.750, BMC an inspection of the water service to determine whether the water service has backflow protection and if such protection installed is appropriate for the level of use for the facility. If the service has been found without backflow protection or existing device does not provide adequate protection an adequate protection system determined by the Water/Sewer Superintendent shall be installed prior to final plan approval. 2. If not already existing, a grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code shall be installed with any development responsible for food preparation. In accordance with Municipal Code, on-site maintenance and interceptor service records shall be kept on a regular basis and made available to the City upon request. 3. Any existing sidewalk panels that are damaged and adjacent to the property must be replaced. 4. All construction activities shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee at any time during 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. 5. The parking lot wheel stops shall be aligned with the angled parking stalls and adequately secured to eliminate potential parking conflicts with pedestrians on the adjacent sidewalk. Code Provisions Requiring Corrections 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. " u�,�,-.�`'.r. �� ..c�-= -fx,! 20dsfbvatfee M r 406en MT 59771-1230 "582 582 2253 uJNr#sdYef �� Bb �_.�. ��"" ✓�-�K,.� r" TDD: 406-582-2301 THE MOST LIVABLE PLACE. Z E - TMT Planning B. Section 38.26.050.E BMC requires one large canopy tree for each 50 feet of total street frontage. The final plan shall provide the required number of street trees acceptable for planting under utility lines as noted in the City of Bozeman Street Tree Guide.Based upon the project's street frontage one tree shall be planted on West Main Street and two trees on North 10th Avenue. C. Section 38.26.070 BMC requires installation and subsequent maintenance of street trees within the public right-of-way boulevard strips adjacent to private property, and, providing for irrigation, in compliance with Section 38.26.050.E.1. Final plan shall indicate irrigation plan. D. Section 38.25.030.4 BMC requires ADA accessible parking spaces and for each required disabled space there shall also be accompanied by a sign stating, "Permit Required $100.00 Fine". Provide two ADA accessible spaces. The first ADA accessible stall shall have an aisle eight feet wide and shall be signed "van accessible': E. 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 plans in compliance with this section. Bicycle parking shall be provided. F. Section 38.25.040.A.5.a. BMC requires a bike rack detail shall be provided with the final plan in conformance with the City's Transportation Plan. Provide a detail of the bike rack that complies with the approved bike rack types. G. 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.All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure. H. Section 38.23.170.A BMC requires storage of garbage, refuse, and other waste materials to be provided for every use and the location shall be shown on site plans. Provide the correct alley location of the refuse container on the site plan. 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. 0s24'East Rlie $treef 0 � v 658 2(i0 , 486 582 2 63 www bb emu net TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMANmT Planning Si cerely, IA ;r1 / Mitch WerBe Assistant Planner End: CUP Recorded Document CC: City Clerk's Office Tiffany Lach,Farmstead Pizza Inc., 1007 W. Main Street,Bozeman, MT 59718 Ken&Karen Matthiesen,PO Box 325,Plains, MT 59859 file .. ...--.-_ �"a2 -cf .,, u'. -rr r'./..--�,- .=a^.-t s,�t�� :� '�'%"c''.r��'vl- -,n`,-' "w.;" .-��-=✓ r.=�`.,o'�rF .�// "� 20 East Olive Street V.!), 1 an, <�T MT 597711730`.rte 1 Q 406-582-2260 ® 406.582 2 www bozeman.net erfsan, � TDD: 406-582-2301 THE MOST LIVABLE PLACE.