HomeMy WebLinkAbout19- Conditions of Approval - Willow Springs Subdivision Planned Unit Development Inter-office original to:
City of Bozeman
City Clerk's Office
PO Box 1230
Bozeman MT 59771
2643666
Page: 1 of 4 05/01/2019 04:06:55 PM Fee $28.00
Eric Semerad - Gallatin County, MT MISC
1111111111111111111111111111111111 IN 1111111111111111111111111111111111111111111 IN
CONDITIONS OF APPROVAL FOR THE WILLOW SPRINGS PLANNED UNIT
DEVELOPMENT APPLICATION 17546
WILLOW SPRINGS SUBDIVISION PLANNED UNIT DEVELOPMENT
WHEREAS, the undersigned property owners acknowledges the receipt of a planned
unit development to allow a phased 24-unit residential development located approximately 1/4-
mile northwest of the intersection of Baxter Lane and N. 27"Avenue/Thomas Drive. The PUD
is associated with a proposed 2.72-acre major subdivision to create 24 residential lots, 3 open
space lots and the associated right-of-way; and
WHEREAS, the use is to be located on property that is legally described as the East Half
(E1/2) of the West Half(W1/2) of the Southeast Quarter(SE 1/4) of the Southwest Quarter
(SW1/4) of Section 35, Township One South (TO1S), Range Five East(R05E), less a portion of
the Baxter Square Subdivision Phase 1 and 2,p.m.m.,, and
WHEREAS, the Planned Unit Development(PUD) is contained within the City of
Bozeman Department of Community Development's application 17546; and
WHEREAS, the use is to be located on property that is legally zoned as R-3, Residential
Medium Density District; and
WHEREAS, the Planned Unit Development was granted relaxations from the zoning
requirements of the Unified Development Code and the requirements of the Bozeman Municipal
Code; and
WHEREAS, the Planned Unit Development is subject to the following conditions of
approval:
1. The final PUD plan shall be submitted, reviewed, and approved prior to approval of the
final plat.
2. The applicants shall obtain an encroachment permit from the City of Bozeman Public
Works Department to document the parking space for Lot 6 of Block 2 prior to submittal
of the final PUD plan.
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
3. 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.
Condition Use Permit:
1. Section 38.19.110.17 BMC states that the right to a conditional use permit shall be
contingent upon the fiilfillment 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.
2. Section 38.19.110.I BMC Termination/Revocation of 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.
i. After having been commenced, the approved use is not actively conducted
on the site for a period of two continuous calendar years;
ii. Final zoning approval to reuse the property for another principal or
conditional use is granted;
iii. 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.
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 38.34.160, BMC.
illow Springs Subdivision Planned Unit Development 17546 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
NOW,THEREFORE, BE IT HEREBY KNOWN, that the above-noted conditions of
approval for the Planned Unit Development shall be binding upon the undersigned owner of the
subject property, and successors or assigns until released by the City and;
The Willow Springs Subdivision(formerly Hoover Way) is subject to unique design
standards as contained within the City of Bozeman Department of Community Development's
application 17546. Any deviation, departure, or modification of the approved plans are subject to
City review and possible approval.
DATED THIS�_DAY OF ,2019.
[Willow Springs Subdivision Planned Unit Development 17546 PAGE 3 OF 4
CONDITIONS OF APPROVAL FOR A PLANNED UNIT DEVELOPMENT APPLICATION
PROPERTY OWNER
J
Signature
Printed Name
Title
STATE OF MONTANA
:ss
County of 64alek4 )
On this day of W1 c+� , 2019, befo�je me, the undersigned, a Notary Public for the State
of Montana personally ap eared Hal.-cam G vt� � , known to me to be the
C�0 of v.,,," 1C V1tV C1wmo ,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.
""I", ' A TIN JOHNSON
��Htis'>,(SEi"otary Public (Printed name)
�oTaAiq�2-for the State of Montana Notary Public for the State of Montana
Residing at:
.SEAL:-Q Bozeman, Montana Residing at Z 02. w."A
My Commission Expires; My Commission Expires: F{y o 3 , Lo 2 Z,
"„•oF Mo February 03,2022
(Use four digits for expiration year)
[Willow Springs Subdivision Planned Unit Development 17546 PAGE 4 OF 4