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Home My WebLink About19- Conditions of Approval - 1100 West Reeves Road - Les Schwab Tire Store Special Use Permit Inter-office original to: City of Bozeman Department of Community Development 2666283 20 East Olive Street Page: 1 of 8 12/03/2019 12:20:02 PM Fee: $56.00 Eric Semerad - Gallatin County, MT MISC IIIIIII IIIIII III IIII IIIIII)IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII PLATTED CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE LES SCHWAB TIRE STORE SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 1100 WEST REEVES ROAD, BOZEMAN, MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a Special Use Permit to allow the automobile repair 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 6, Walker Subdivision PUD, Plat J-164B plus Open Space Annex to the City of Bozeman, S26, T1S, 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 19060; and WHEREAS, The Special Use Permit is required for the automobile repair 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. 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. 3. 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 LES SCHWAB TIRE STORE 19060 PAGE I OF 4 * (,Vp( i s MVV LC* 1 A, 6�- glU-Y--la Arw.rdQd lN.�lL-e r SUb J— I649 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION Improvement Districts (SID's)for the following: a. Street improvements to Frontage Road including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Springhill Road including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to Frontage Road and Springhill Road d. Intersection improvements to North 19th Avenue and Springhill Road 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 building permit approval. See attached email from Anna Russell,City of Bozeman Engineer. (�4. Street lights must be installed at the street intersectio4 of midd Spt!irlghill Read Initial a0 Reeves Road and Frontage Road and along Reeves at the standards spacing as required by the Bozeman Lighting and Electrical Specification in the City's Design Standards and Specification Policy subject to Montana Department of Transportation approval. Initial 5. The existing sign on site must be removed prior to building permit approval. 6. The sign easement release document must be recorded on the property prior to building permit approval. Conditional Use Permit and Special Use Permit Provisions Bozeman Municipal Code(BMC): 1) Section 38.230.110.F 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: 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 LES SCHWAB TIRE STORE 19060 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 38.360.070 Automotive repair facilities: a) All repairs or painting must be performed within a building; b) No site plan will be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district; c) Any facility must be designed to contain and minimize noise and odors; d) All facilities must have a water quality facility (oil/water separator) as part of the water quality design for stormwater runoff, and must conform to section 38.410.080. 4) BMC 38.410.060.E Other easements.The release and reconveyance of the sign easement must be recorded prior to building permit 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 1100 W. Reeves Road. , / DATED THIS Al DAY OF I /O V'�i�{�(,bt ,2019. Property Owner Signature �- Printed Nam PAGE 3 OF 4 LES SCHWAB TIRE STORE 19060 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION Title STATE OF"�UUTANA County of ee��s ) On this day of DvmI?•YiY ,2019, before me,the undersigned, a Notary Public for the State of"� .�pe all ap eared�_��Q,L�{J GI.I�� ,known to me to be the cqYt�� of L 5�—E the property owner that executed the wi instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Oammp �. M'O 9RA VIAL STAMP (Printed name) AYE MATHENY NOTARY PUBLIC-OREGON Notary Public f r the ate of Montana COMMISSION NO.983746 Residing at ►'l MY COMMISSION EXPIRES FEBRUARY 03,2023 My Commission Expires: 0-P- a (Use four digits for expiration year) LES SCHWAB TIRE STORE 19060 PAGE 4 OF 4 ,Attached to COB Condition of Approval 10.22.19 Stephanie Ray From: Adam Schlegel Sent: Tuesday, October 22,2019 5:32 PM To: Stephanie Ray;Zack Graham Subject: Fwd: Les Schwab - Frontage Rd/Springhill Rd, Bozeman (65.71.1072.01) See below for additional confirmation that no streetlight is required at Reeves Road and Springhill. Adam Schlegel, PE Engineer I-Civil o 406.5 56.7 100 1 d 406.922.7111 From: Anna Russell Sent:Tuesday, October 22, 2019 5:25 PM To: Adam Schlegel Subject: RE: Les Schwab- Frontage Rd/Springhill Rd, Bozeman (65.71.1072.01) Adam, Thank you for your call this afternoon. My apologies for not returning it sooner! I'm replaying to a string of emails we had about street lights for this project. You are correct that a light on Reeves and Springhill is not required. Anna Anna Russell,PE I Engineering Department City of Bozeman MT 406.5 82.2281 arussell@bozeman.net -----Original Message----- From: Adam Schlegel Sent: Wednesday, June 12, 2019 5:07 PM To: Anna Russell Cc: Stephanie Ray; Zack Graham Subject: RE: Les Schwab -Frontage Rd/Springhill Rd,Bozeman(65.71.1072.01) Thank you Anna. I will plan on getting these street light locations updated accordingly. Before I do, we would like to have a brief conference call with you to accomplish two items: -Ensure sure that we are satisfying your requirement for the street lighting; - Coordinate with Planning to update the plans currently under review with revised street light locations. Is there a time tomorrow or Friday that we can schedule a call to discuss? Thanks again, Adam Schlegel,PE Engineer I-Civil o 406.556.7100 1 d 406.922.7111 1 -----Original Message----- From: Anna Russell Sent: Wednesday, June 12, 2019 2:27 PM To: Adam Schlegel Cc: Stephanie Ray ; Zack Graham Subject: RE: Les Schwab -Frontage Rd/Springhill Rd,Bozeman(65.71.1072.01) Adam, The City is going to require a street light for the Frontage and Reeves intersection, to be placed in the City ROW on the west side of Reeves. The reason for this street light is due to the anticipated pedestrian traffic for the shared use path,when it gets fully built out. The City will not require the one on Springhill because that pedestrian sidewalk is a standard sidewalk and not a lot of pedestrian traffic is anticipated. Anna Anna Russell,PE I Engineering Department City of Bozeman MT 406.582.2281 arussell@bozeman.net -----Original Message----- From: Adam Schlegel Sent: Tuesday, June 11, 2019 2:59 PM To: Anna Russell Cc: Stephanie Ray; Zack Graham Subject: RE: Les Schwab -Frontage Rd/Springhill Rd, Bozeman(65.71.1072.01) Good afternoon Anna, I am just following up on this to see how'd you like us to address the proposed street lights currently shown in MDT ROW. I do have clarification from Stephanie Maes that MDT does not support a street light in their ROW at either intersection location (Springhill and Frontage). Thanks again, Adam Schlegel,PE Engineer I -Civil o 406.556.7100 1 d 406.922.7111 -----Original Message----- From: Adam Schlegel Sent: Thursday, June 06, 2019 10:16 AM To: 'Anna Russell' Cc: Stephanie Ray ;Ron Isackson ; Zack Graham Subject: FW: Les Schwab-Frontage Rd/Springhill Rd,Bozeman(65.71.1072.01) Good Morning Anna, MDT has provided comments on the latest site plan submittal. Please see their comment(below)regarding the 2 proposed street light location at Springhill and Reeves. They would like us to relocate this light out of MDT ROW as they don't find it necessary to light Springhill,however our photometric calculations likely would not support the luminance requirements per City of Bozeman design standards. Are we able to remove/relocate this proposed street light? Also,we will make adjustments to gas and telephone service locations to avoid encroachment onto MRL property. Please let me know how you'd like to proceed with the site plan review given these new comments from MDT. We would very much like to address these new MDT comments amidst your current review in order to avoid another resubmittal. Thank you, Adam Schlegel, PE Engineer I- Civil o 406.556.7100 1 d 406.922.7111 -----Original Message----- From: Maes, Stephanie Sent: Thursday, June 6, 2019 9:12 AM To: Stephanie Ray Cc: nbailey@mtrail.com; Black, Janet ; Demars, Kyle Subject: Les Schwab -Frontage Rd/Springhill Rd, Bozeman (65.71.1072.01) ***this email is from an external source*** - CTA Helpdesk Hi Steph, I received the information, and I have distributed it for review. I did a cursory look through the plans and have a couple of comments: * The street light you are proposing at the intersection of Springhill Rd. and Reeves Rd. is not required by MDT or necessary to light Springhill Rd. Please relocate it outside of MDT right-of-way. * It looks like you are proposing to install a gas service connection and telecommunications line within the Frontage Rd. R/W. If so,you must submit Utility Encroachment permits requesting permission to do that.You can contact Janet Black,Butte/Bozeman Utility Agent at(406) 494-9619, for more information. This Frontage Rd. right-of-way is actually owned by the railroad,with MDT easing on their property, so you must also contact Nick Bailey with MRL to obtain the necessary permit/authorization to place the service lines in the Frontage Rd. right-of-way. You can reach Nick at(406) 829-2409. We must see documentation that the railroad has approved the installation before we will approve it. Once all the appropriate MDT staff have reviewed the plans/information, I will forward any other comments to you. If you have any questions in the meantime,please let me know. Thanks, Stephanie City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution(Art. 11, Sect. 9) and may be considered a"public record"pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such,this 3 email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution(Art. II, Sect. 9) and may be considered a"public record"pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such,this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 4