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HomeMy WebLinkAbout16- Conditions of Approval - Extended Stay Lodging - 304 West Cleveland Street FCONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION Inter-office Original to: City of Bozeman Office of the City Clerk �(�p P.O.Box 1230 Bozeman,MT 59771 2546366 Page: i of 5 05/27/2016 11:34:49 AM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC I III III III11 III IIII IIIIIII IIIIII IIII IIII III')IIIII 1IIII IIIIIII III IIIII IIIII IIIII IIII(III CONDITIONS OF APPROVAL FOR EXTENDED STAY LODGING CONDITIONAL USE PERMIT AT 304 WEST CLEVELAND STREET, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit to allow a single-household residence to operate as a vacation home (classified as "Extended Stay Lodging" in the R-1 Zoning District), which would permit the residence to be rented for less than 30 days at a time on property located at 304 West Cleveland Street, Bozeman, Montana; and WHEREAS, the uses to be located on property that is legally described as Lots 1-5, Block 17, Capitol Hill Addition, City of Bozeman, Gallatin County, Montana, and WHEREAS,the Conditional Use Permit is contained within the City of Bozeman Department of Community Development's development review application number 16134; and WHEREAS, the Conditional Use Permit is required for the establishment of extended stay lodging in an R-1 (Residential Single-Household, Low Density)zoning district; and WHEREAS, the Conditional Use Permit application is subject to the following conditions of approval: 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. The maximum number of guests shall not exceed 8 per night. 3. All outdoor activities producing noise discernible from a neighboring property shall cease by 10:00 p.m. 4. There shall be no outdoor sleeping, campers or tents permitted on the property at any time. 5. The owner shall assure that the occupants and/or guests of the vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any provisions of this 304 WEST CLEVELAND CUP ZONING APPLICATION 16134 PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION Conditional Use Permit or state or local laws by notifying occupants of the rules regarding this rental and responding when notified that occupants are violating any laws or rules regarding their occupancy. It is not intended that the owner, local agent, or contact person act as a peace officer or place himself or herself in harm's way. 6. The owner or agent of the owner shall mail to the party signing any rental agreement or reserving the property a copy of all the vacation home rental rules and regulations, including the above conditions, within ten(10) days of reserving the property. Any rental agreement shall include a written acknowledgment by the renters of compliance with said rules and conditions. The owner or agent shall also prominently display all the rules and regulations within the unit or on/adjacent to the interior of the front door. This information shall also include the following: a.The name of the property management company, agent, local contact person, or owner of the property, and a telephone number at which that party may be reached on a 24-hour basis. b.The trash pick-up day and notification of all rules and regulations regarding trash removal. c.The rules, requirements or provisions for seasonal snow removal. 7. If not completed with the recent upgrade to the home,the water meter installation inside the house must be brought to the current standard per City Water Inspection Requirements and the City of Bozeman Design Standards and Specifications Policy. Specifically, a backflow preventer must be installed to protect the public potable water supply. The applicant shall contact Jubal Whitlock, Backflow and Cross Connection Specialist, with the City Water and Sewer Division to inspect the water meter installation and report the inspection with this application. 8. A small sign shall be added to the property with the contact information of the management company or other local contact information. The sign shall not exceed four square feet in area and shall not be located in any required yard setback area. 9. The Conditional Use Permit shall terminate one year from the final approval date. WHEREAS, the Conditional Use Permit application is subject to all provisions of the Bozeman Municipal Code including the provisions listed below: 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. B. Section 38.19.110.I,BMC describes the process for termination/revocation of a Conditional Use Permit approval: 304 WEST CLEVELAND CUP ZONING APPLICATION 16134 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 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 38.19.120. 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 Director of Community Development 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 Director of Community Development may not be appealed. If the Director of Community Development 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 revoke the approval through the procedures outlined in section 38.34.160. 4. Section 38.19.120,BMC requires the applicant to submit a final plan, no later than six months after the date of approval of a preliminary plan. 304 WEST CLEVELAND CUP ZONING APPLICATION 16134 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 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 extended stay lodging occurs as conditioned and does not cease for any reason for more than 90 days pursuant to Section 38.32.1010.D, BMC at 304 West Cleveland Street. DATED THIS Z6 DAY OF i y�� , 2016. PROPERTY OWNER Signature �'&*� Vb5!?�!t �� Printed Name and Capacit STATE OF ) :ss County of ) �` On this day of 16, before m undersigned, a Notary Public fm-the State of personally jappe �il� know me to be the property owner that executed ttix rnstru ent �lJ IN WITNESS WHERE.F, I ha lereunto set my hand n affixed my Notarial Seal the day and year first above writtenG,� Q C _ (Seal) (Printed Name Here) Notary Public for the State of Residing at My Commission Expires: (Use 4 digits for expiration year) 304 WEST CLEVELAND CUP ZONING APPLICATION 16134 PAGE 4 OF 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ' `-l.M.C`rT•!`.C"'C`1`"CS.M�S�'�S':�.C� M�-!`M.f"`C_a:C'`C'.�1.('l',i^C`.0 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California ` ) County of_La S N nn On '"\ov j a(0) ao I before me, �G�net C v,�1® 4y 0 tDate Here Insert Name and Title of the Offrcer personally appeared ���.� �G��S _—`— Name(s) of Signer() who proved to me on the basis of satisfactory evidence to be the person(V whose name(s) is/ava subscribed to the within instrument and acknowledged to me that he/s�/ti r executed the same in his/1 eF/tax authorized capacity(ios), and that by his/her/their signature(v)on the instrument the personw, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand: nd official seal. JANET GNIO /.. 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