HomeMy WebLinkAbout18- Conditions of Approval - 270 West Kagy Blvd. Suite B - Pediatric Therapy Clinic Special Use Permit Inter-office original to:
City of Bozeman
Department of Cmmnunity Development /'��A �/1�/ti
20 East Olive Street L 1 L 3
Page: 1 of 3 06/12/2018 12:05:19 PM Fee $21.00
Charlotte Mills — Gallatin County, MT MISC
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PLATTED
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
PEDIATRIC THERAPY CLINIC
SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT
270 WEST KAGY BLVD.SUITE B,BOZEMAN,MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a special use
permit application to allow the establishment of a medical office to operate on the ground level at
270 West Kagy Blvd. Suite B;and
WHEREAS,the use is to be located on property that is legally described as Third
Avenue Condo,S 18,T02 S,R06 E,Thompson's 3rd Addition Rearrangement Amendment Lot
3A Block 4 Less Hwrw Plat G-l0A Condo Master;and
WHEREAS,the use is to be located on property that is legally zoned as B-1
(Neighborhood Business)zoning district;and
WHEREAS,the Special Use Permit(SUP)is contained within the City of Bozeman
Department of Community Development's zoning application 18079;and
WHEREAS,The Special Use Permit is required for the establishment of a medical office
to operate on the ground level in zone B-1,neighborhood business district;and
WHEREAS,the Special Use Permit application is subject to the following conditions of
approval and code provisions:
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(BMC)or state
law.
Conditional Use Permit Provisions,Bozeman Municipal Code(BMC)_
1.In addition to the review criteria of section 38.230.100,the review authority must,in
approving a special use permit,determine favorably that applications meet the review
criteria set forth for conditional use permits as set forth in subsections 38.230.110.E
through I.
2.Section 38.230.110.E states that the right to a conditional use permit must be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use
Permit procedure.All special conditions and code provisions must 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.
3. Section 38.230.1101 describes the process for termination/revocation of a Conditional
Use Permit approval:
a.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:
1.After having been commenced,the approved use is not actively conducted on the
site for a period of two continuous calendar years;
2.Final zoning approval to reuse the property for another principal or conditional
use is granted;
3.The use or development of the site is not begun within the time limits of the final
site plan approval in Section 38.230.140 BMC.
b.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.
c.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 38.200.160,BMC.
NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of
approval and code provisions for the Special 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 270 West Kagy Blvd.Suite B.
DATED THIS DAY OF U�\e ,2018.
Property Owner
Signature
.LL�(i aL
Printed Name
Title
STATE OF MONTANA
•ss
' County of
On this�day of J�e,201 1 ,before me,th under igned a Notary Public for the State
of Montana,p sonally appeared f ,known to me to be the
1L19V1Pir/IMPVVIIOaa/ of C�k 'l GL� (!v5 1, the property
owner that executed the within instrument.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
GI;AASHLEYAFORDE
NOTAWPUBLIC ffft
( jAam (Printed name)
Resk"at Groat Fags,MM Mr
My Cwwhsim� Notary Public for the State of Montana
My 13,2019
Residing at G
My Commission Expires: C
(Use four digits for expiration year)
PEDIATRIC TBERAPY CLINIC SUP 18079 PAGE 3 OF 3