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HomeMy WebLinkAbout15- Artcraft at 303 East Main Street Inter-office original to: City of Dozelnatl Department of Community Development 20 East Olive:Street PLATTED �( 2527117 Page: 1 of 5 10/08/2015 10:41:03 AM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC I IIIIIII IIIIII III IIII Illllil IIIIII IIII 111111111111111111111111111111111111111111 IIII j i 3 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION ARTCRAFT CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 303 EAST MAIN STREET,BOZEMAN,MONTANA W1-TERE V1,the itttdersit ned properly ovv ter achan wledges the receipt-n2f aµ.a pproverl "Dn litional Use Permit application allowing a change in use to a restaurant and bar witll or, premises consumption of alcohol for the building addressed as 303 East Main Street;and WHEREAS,the use is to be located on.propelty that is legally described as Lot 13, 1 Block D,Original Townsite,Section 7,T2S5 R6E,PMM;City of Bozeman, Gallatin County, Montana;and i WHEREAS,the use is to be located on property that is legally zoned as B-3(Central Business District)zoning district;and L-s)i, c r, Gil i:;;a: is 9iSG located`Jitlitl the Neighborhood Cei.SLrVatiG2 Overlay � District;and WHEREAS,the Conditional Use Permit(CUP)is contained within the City of Bozeman Department of Community Development's zoning application no. 15-347;and VIA RE A ,file Coti ;j S u�l'*�,ion�ll Use�'e�°�ii;i.isr-eelulreci for establist,�iietit of an o;= premises consulTipticn of alcohol B-3 zoning district;and i IH EAN,tl e Conditio-nal Use Permit application is suuject to the following conditions of approval and code provisions: RECOMMENDED CONDITIONS OF APPROVAL Community Development Conditions: 1.The location and placement details of the proposed new trash enclosure on the property north of thealley must be submitted witlih the final plan materials. G. 1lne apprr V(irnt r0 au`Y.d u. �13L1ii3e. code pro isions, ©1 �iVu�I` prV��D1�1Sj'a) �L1Cu.th-r. 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. A copy of the State Revenue Department alcohol license for the establishment shall be skihm4ted to the Dear trnent Comr��unity i:evelopment prior to the s�l_P of alcol3olic beverages 4. The right to serve alcohol to patrons is revocable 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. 5. Any expansion of this use or facility, is not permitted unless reviewed and appio Feu as required under the applicable regulations of the Bozeman Municipal Code. En ig nggring Conditions: d.A note is included on the demo plan to remove sidewalk in front of the building. Prior to sidewalk demolition, an Application for Sidewalk and/or Driveway and. Curb Cut Permit must be submitted to the Engineering Department. -The sidewalk that is demolished shall be replaced with new sidewalk per the City standard. Pedestrian safety shall be ensured using pedestrian traffic control while the sidewalk is being demolished and replaced. 7. The water service to the building may require an upgrade to accommodate the proposed use. The applicant shall coordinate water service sizing with the Building Department and the Water and Sewer Superintendent. Upon a site visit and inspection of records, the Water and Sewer S,Perintendent identified a 3/a" water service that has been plugged inside the building. If the service size does not require am upgrade, the portion of the service that is exterior to the building will require a curb stop to be installed. The water service installation inside the building shall be brought to the current standard per City Water Inspection Requirements and the City of Bozeman Design. Standards and Specifications Policy; Increase in water service will require payment of impact fees. 8.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: The exis Lg solid Waste containers behind. the building pose a signficant water quality concern due to their cl:se p oximity to stormwa ter infrastructure located in the t alleyway north of the property. All waste,greases,liquids,and oils leaked,spilled, or dumped in the existing storage area drain into the City's stormwater system. Stormwater at this location is discharged directly into Bozeman Creek without treatment. Any instance where the discharge of pollutants into the City's stormwater .system e occurs is considered an illicit discharge ; is in i ' f i 1st t�.r C and v (]1=1i f(jll (i (?(;ial i'sni requirtnnenrs. Site improvements are required to contain and provide a means to dispose of pollutants generated through restaurant activities. Best practice dumpster protection measures and i policies niiwt be impleinented to ensure no illicit discharges. Recommended solutiv. include: installation of a covered bay that maintains accessibility for garbage pickup service, dumping restrictions, inspection protocols enforced by management staff, use of leak proof dumpsters and grease barrels, and/or development of a contained area that channels water to a grease and oil separator prior to discharge. 10. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site. `i'his shall be submitted as part of the final plan. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. It. 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 constriction to ensure any damages or cleaning that are required are complete. The developer shall bP 1-Psnonnible to reimburse the City for all costs axs^ciated with the work if it becomes necessary for the City to correct any problems that are identified. CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS Community Development Code Provisions: a. Section 34.5 outlines the requirements of the"Downtown Sidewalk Encroachment Permit Program" ADowntown Sidewalk Encroachment Ferrari application shall be subinitied to the City of Bozeman for all proposed outdoor seating areas in downtown street right-of-way affiliated with the proposed uses and shall receive final approval prior to the establishment of outdoor seating areas in said right-of- way. a. Section 38.19.110.17 BMC states that the rights to a conditional use permit shall be ., i�ungetrt.upon the firlfli11. me...of aII general and special.conditions li��posed by the i onditional Use Fermit 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 comMe ncemerst 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. b. Section 3 8.19.110.1 BMC describes the process for termination/revocation of a conditional use permit approval: { 1. 'Con-ditional use permits arc approved based oni an analysis of cu►zcrit'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; i b. Final zoning approval to reuse the property for anvoilher principal or conditional i 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 38.19.120 2.A conditional use which has terminated may be reestaM1o� on a site by either; the review and approval of a new conditional use permit application, or 4' a determination by the planning director that the Iocal circumstances and E 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 4 the planning director determines that the conditional use permit may be 1 ' renewed on a.site glen any conditi.onS of aai),jroval of rile olrfcmi gal u1i 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 rPvol=P. }tP,apprnval thrnnnll the prerPdl2reS outlined in section 38.34.160 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 use remains at the property addressed at 303 East Main Street. nn rrz rrc• "'A It/E�� � � y 3�19. .- .>�i.D ■til,5 vac■ yr �/� PROPERTY OWNER Print Name: ATE OF TOl`d'l'Ar_i :ss County of 6q tta..4i rL ) On this 30 day of_-S9Pk#nb&, 2015,before me the undersigned, a Notary Public for the State of 1J1o1.%at:" e sonall appeared oar: ra - t{ r r Y pp 6 .gown to life to ce is�e j�ropert�, owner that executed the within instrument. 1 1 IN WITNESS WB EREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. P.HOPDEBRA R.HOFFERT �Fn NOTARY PUBLICiorthe d State of Montana SEAL Residing at Bozeman,Montana My Commission Expires u October 05,201 B i I� f i (Print:d nu�rU) Notary Public for the State of Montana Residing at 6&ze-k^j-" My Commission Expires: /O- S- I g (Use four digits for expiration year) ARTCRAFT CUP-303 EAST MAIN STREET PAGE 1 OF 4 i ii II j� S i F k i �l