HomeMy WebLinkAbout19- Conditions of Approval - 2525 North 19th Avenue - Bozeman Town Pump #6 Special Use Permit Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
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2663371
Page: 1 of 3 11/01/2019 03:49:56 PM Fee: $21.00
Eric Semerad - Gallatin County, MT MISC
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CONDITIONS'OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
BOZEMAN TOWN PUMP #6 SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT
2525 NORTH 19TH AVENUE,BOZEMAN,MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a Special Use
Permit to allow the auto fuel sales use within the B-2 zoning district(community business
district); and
WHEREAS, the use is to be located on property that is legally described as Lot 1,
Block 3 of the Opportunity Subdivision, SE 1/4, S35, Tl S, R5E, P.M.M. City of Bozeman,
Gallatin County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned as B-2
(community business district) zoning district; and
WHEREAS, the Special Use Permit (SUP) is contained within the City of Bozeman
Department of Community Development's zoning application 18525; and
WHEREAS, The Special Use Permit is required for the auto fuel sales use in the B-
2zoning district and the Bozeman Municipal Code; 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 or state law.
BOZEMAN TOWN PUMP#6 18525 PAGE
CONDITIONS OF APPROVAL FOR A'SPECIAL USE PERMIT APPLICATION
2. Intersection improvements to Max Avenue and Cattail Street must be constructed and
accepted prior to occupancy and is subject to concurrent construction requirements outlined
in Bozeman Municipal Code BMC 38.270.030.C.
3. 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.
Conditional Use Permit and Special Use Permit Provisions, Bozeman Municipal Code (BMC):
1) 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.
2) Section 38.230.110.1 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.
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 38.230.140 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
3) BMC 38.270.030.C. Concurrent construction. Concurrent construction is proposed and
preliminarily approved by the Development Review Committee. Provide a formal response
BOZEMAN TOWN PUMP#6 18525 PAGE 2 OF 3
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
and provide materials and materials required by this code section. Concurrent construction
must be finally approved prior to building permit issuance.
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 2525 North 19th Avenue.
DATED THIS DAY OF L)aCLgZ— , 2019.
Property Owner
Signature
Printed Name
itle
STATE OF MONTANA
:ss
County of s'S 1 yac )
On this � c ay of ,2019,before me,the undersigned, a Notary Public for the
State of Montana,personally appeared ,known to me to be
the t o 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.
e
Aoxwztka. MONICf A BOEHMER (Printed name)
U� m
NOTARY PUBLIC for theNotary Public for the Stat of Montana
State of Montana Residing at Residing at Butte,MontanaMy Commission Expires:My Commission tires
February 17,zo22 (Use four digits for expiration year)
BOZEMAN TOWN PUMP#6 18525 PAGE 3 OF 3