HomeMy WebLinkAbout19- Conditions of Approval - 815 East Main Street - Residence Inn Bzoeman Conditional Use Permit for Building Height Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
2663414
PLAT*fE Page: 1 of 5 111/2019 09:52:24 AM Fee: $35.00
Eric Semerad - Gallatin County, MT MISC
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
RESIDENCE INN BOZEMAN CONDITIONAL USE PERMIT FOR BUILDING
HEIGHT
FOR PROPERTY LOCATED AT
815 EAST MAIN STREET,BOZEMAN,MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to increase the maximum allowable height for this building in B-2 from the
maximum allowable of 38' with a flat roof to 54'4" 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 13A-
1, Amended Plat C-23-A29 of the Northern Pacific Addition to Bozeman 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 Conditional Use Permit(CUP)is contained within the City of Bozeman
Department of Community Development's zoning application 18499; and
WHEREAS,The Conditional Use Permit is required to increase the maximum allowable
height for this building in B-2 from the maximum allowable of 38' with a flat roof to 54'4" in
the B-2 zoning district and the Bozeman Municipal Code; and
WHEREAS,the Conditional 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
BOZEMAN RESIDENCE INN CUP 18499 PAGE 1 OF 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. If not already filed for the subject site,the applicant must provide and file with the
County Clerk and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts(SID's)for the following:
a. Street improvements to East Main Street including paving,curb/gutter, sidewalk,and
storm drainage
b. Intersection improvements to E. Main Street and Highland Boulevard
c. Intersection improvements to E. Main Street and Haggerty Lane
d. Intersection improvements to E. Main Street and North Broadway
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements,the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share,proportionate
basis as determined by square footage of property,taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to site plan approval.
3. A copy of the Montana Department of Revenue alcohol license for the establishment
must be submitted to the Department of Community Development prior to alcohol
service.
4. A copy of the City of Bozeman alcohol license for the establishment must be submitted
to the Department of Community Development prior to alcohol service.
5. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.230.110.I and 38.200.030 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 possession of alcohol.
6. 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 S ecial Use Permit Provisions Bozeman Munici al 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.I 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
BOZEMAN RESIDENCE INN CUP 18499 PAGE 2 OF 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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.38.410.060.B.2.a. Private Utility Easements.A ten foot front setback utility
easement is required along the south property line. This easement is provided and must
be filed prior to site plan approval.
4. BMC 38.410.060.B.2.c. Private Utility Easements. A 10' utility easement from the
junction can to the transformer which runs east/west along the property boundary
adjacent to Lot 13,Block 30(Casino)is required by NorthWestern Energy. This
easement is provided and must be filed prior to site plan approval.
5. BMC 38.410.060.0 Public Utility Easements. A public water main easement must be
provided for the proposed hydrant lead extension to ensure the hydrant lead is no less
than 10 ft from the edge of the easement or public right-of-way. This easement is
provided.and must be filed prior to site plan approval.
6. BMC 38.410.060.E Other easements. A shared access agreement and grant of reciprocal
easement is proposed between this property and the property adjacent and to the east
known as portion of the East Main Street Master Site Plan and the Locati Building Site
plan in order to provide secondary access to this site. This easement is provided and must
be filed prior to site plan approval.
7. BMC 38.410.060.E Other easements. A reciprocal parking easement agreement for thirty
parking spaces is proposed between this property and the property adjacent and to the
east known as portion of the East Main Street Master Site Plan and the Locati Building
BOZEMAN RESIDENCE INN CUP 18499 PAGE 3 OF 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Site plan in order to provide secondary access to this site. This easement is provided and
must be filed prior to site plan approval.
8. BMC 38.410.060.E Other easements. A reciprocal refuse agreement for use of the
Bozeman Inn site trash enclosure is proposed between this property and the property
adjacent and to the east known as the Locati Building Site plan in order to provide trash
service that was eliminated on that site in order to accommodate reciprocal access and
parking. This Reciprocal Solid Waste Storage and Removal Agreement is provided and
must be recorded prior to site plan approval.
9. BMC 38.410.130.A Cash in Lieu of Water Rights. The amount has been calculated and
approved by Engineering. The payment must be made prior to site plan approval.
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 815 East Main Street.
DATED THIS �T u DAY OF Al-y&4e/ , 2019.
Property Owner
Sign �
Printed Name
hem�
Title
STATE OF MONTANA
:ss
County of SSj llgt(a )
On this__q_day of,I)dUe 1ihOC ,2019,before me,the undersigned, a Notary Public for the
State of Montana,personally appeared known to me to be
the N�P��hP� of NW I (7m(ln)L111 the
property owner that executed the within instrument.
BOZEMAN RESIDENCE INN CUP 18499 PAGE 4 OF 5
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
r
(SEAL) (Printed name)
Notary Public for the State of Montana
Residing at &?em an M I
My Commission Expires:sJ)� ►1a01,1-- of
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`vP 9rF�, NOTARY PUBLIC for the
NOTARIAL State State of Montana
_* SEAL * Residing at
'�9r Pie Bozeman, Montana
FOFMO \� My Commission Expires
I
January 01, 2022
BOZEMAN RESIDENCE INN CUP 18499 PAGE 5 OF 5