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Home My WebLink About20- Conditions of Approval - 2472 Gallatin Green Blvd - Westland Lofts Condominiums Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street 2672954 Page: 1 of 4 02/12/2020 11:06:37 AM Fee: gg28.00 Eric Semerad - Gallatin County MT MfSC 11111111111111111111111111111111 IN 1111111111111111111111111111111111111111111111111ININ CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE WESTLAND LOFTS CONDOMINIUMS CONDITONAL USE PERMIT FOR PROPERTY LOCATED AT 2472 GALLATIN GREEN BLVD.,BOZEMAN,MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional Use Permit to allow ground level residential and apartment building uses in the B-2 zoning district; and i WHEREAS, the use is to be located on property that is legally described as Baxter Meadows Sub Phase 6, S34, T01 S, R05 E, Block 14, Lot 5, Acres 1.448, Plat J-466 Plus Open Space & PPW, 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)zoning district; and WHEREAS, the Conditional Use Permit(CUP) is contained within the City of Bozeman Department of Community Development's zoning application 18557; and WHEREAS, The Conditional Use Permit is required to allow ground level residential and apartment building uses in the B-2 zoning district, and Residential Emphasis Mixed Use growth policy designation as allowed by 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 other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. WFSTLAND LOFTS CONDOMINIUMS CUP 18557 PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 2. The applicant is advised that Phase 2 will exceed the allocated capacity for this property within the Baxter Meadows Lift Station as such Phase 2 cannot receive site plan approval until additional capacity is created downstream as determined by the City's Engineering Division(i.e. the Norton East Wastewater Interceptor is constructed to take demand from Baxter Meadows Lift Station,The Baxter Meadows Lift Station is upgraded, or an alternative.). 3. With the second phase of development,the project will exceed the original estimated trip generation for Lot 5 from the subdivision's traffic impact study. Prior to approval of phase 2, an addendum to the traffic impact study must be provided detailing impacts of the increase. The addendum must include current traffic counts and capacity for the surrounding local streets. A note to this effect must be added to the master site plan. 4. The Westland Lofts Condominium Declaration must be amended to state that the minimum 11 required parking spaces assigned as limited common elements for the commercial uses cannot be assigned to residential uses; and minimum 59 parking spaces for residential uses cannot be assigned for commercial uses. 5. 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 Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Cattail Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to Ferguson Ave including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to Baxter Lane and Ferguson Avenue e. Intersection improvements to Cattail Street and Ferguson Avenue 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. 6. Section 38.230.110.E BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land,his successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. 7. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation of a conditional use permit approval: WESTLAND LOFTS CONDOMINIUMS CUP 18557 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 1. 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: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140. 2. 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. 3. 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. 8. The applicant must execute at the Gallatin County Clerk&Recorder's Office in conjunction with the conditional use permit, a waiver of right-to-protest creation of Special Improvement Districts for parks and trails, which would provide a mechanism for the fair and equitable assessment of costs for City parks and trails. 9. Applicant must provide a cash-in-lieu of parkland proposal that will be reviewed by the Recreation and Parks Advisory Board(RPAB), approved by the Director of Parks, and payment be received by the City prior to final master 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 2472 Gallatin Green Boulevard DATED THIS DAY OF , 2019. Property Owner Zi- Signature WESTLAND LOFTS CONDOMINIUMS CUP 18557 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION `•� M,�� Printed Name J)i1 S ki,,,1+- weshe.rti+,. Md1A16•v%K- mA 7r cit nas T'r��►hCto.l mac. Title STATE OF MONTANA :ss County of C--Pm hi ) a oao On this Lk day of F ,Z6-I9,before me,the undersigned, a Notary Public for the State of Montana,personally appedred St 2 ,known to me to be the Eu�lcoe)Ay of ► am5 Feo G.nx I 1 C. 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. (SEAL) (Printed name) Notary Public for the State of Montana Residin at G,OHNS�'1'�'� Notary Public g �oZ?-1Y�(',►J\ My Commission Expires: ap :NoTAaiq =for the State of Montana se our its for expiration —'— *` Residing at: (U f diyear)g P SEAL *y Bozeman, Montana •9p� ?� My Commission Expires: November 27,2022 WESTLAND LOFTS CONDOMINIUMS CUP 18557 PAGE 4 OF 4 9 I