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Home My WebLink About19- Conditions of Approval - 815 East Main Street - Residence Inn Special Use Permit Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street 266 3413,2019 09:52:24 AM Fee: $35.00 pLAjlE Eric Semerad - Gallatin county, MT MISC 1111111I 111111 III 11111111111111111 IN 11111111111111111111111111111 HE IIIII HE iiil IN CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE RESIDENCE INN BOZEMAN SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 815 EAST MAIN STREET, BOZEMAN,MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a Special Use Permit to allow the retail sales and on premises consumption of alcohol 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 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 Special Use Permit(SUP)is contained within the City of Bozeman Department of Community Development's zoning application 18499; and WHEREAS, The Special Use Permit is required for the retail sales and on premises consumption of alcohol 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. 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 BOZEMAN RESIDENCE INN 18499 PAGE I OF 5 CONDITIONS OF APPROVAL.FOR A SPECIAL USE PERMIT APPLICATION 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 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.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 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: BOZEMAN RESIDENCE INN 18499 PAGE 2 OF 5 I CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 Site plan in order to provide secondary access to this site. This easement is provided and must be filed prior to site plan approval. BOZEMAN RESIDENCE INN 18499 PAGE 3 OF 5 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 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 815 East Main Street. DATED THIS �{T H DAY OF No%mBER ,2019. Property Owner pSitur!K Printed Name 46MJ?6_R _ Title STATE OF MONTANA :ss County of On this_�_day of ,1Ug�1 ntPr ,2019,before me,the undersigned,a Notary Public for the State of Montana,personally appeared Wil h aff) f h ,known to me to be ► the _J o m hP n of cr'x)?P r119� HrrtP f riai 1 j LIP, 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. BOZEMAN RESIDENCE INN 18499 PAGE 4 OF 5 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION (SEAL) (Printed name) Notary Public for the State of Montana Residing at A02(('ndQ. /t)OT and My Commission Expires: jda 1 22 NATALI E PU R KETT (Use four digits for expiration yea PUg47, NOTARY PUBLIC for the NOTARIAL _ State of Montana _* SEAL *_ Residing at N9r Pae� Bozeman, Montana ',FOFMo . My Commission Expires January 01, 2022 BOZEMAN RESIDENCE INN 18499 PAGE 5 OF 5