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HomeMy WebLinkAbout19- Conditions of Approval - Gallatin Green Condominiums Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street PLATTED 2668745 Page: 1 of 6 12/30/2019 10:01:41 AM Fee: $42.00 Eric Semerad - Gallatin County, MT MISC 11111111111111 III 11111111111111111 IN 1111111111111!11i 1111111 III 11111111111111 IN CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE GALLATIN GREEN CONDOMINIUMS CONDITONAL USE PERMIT FOR PROPERTY LOCATED AT 2310,2316,2320,AND 2338 GALLATIN GREEN BLVD.,BOZEMAN,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit to allow ground level residential uses in the B-2 zoning district; and WHEREAS, the use is to be located on property that is legally described as Duck Creek Town Homes Condo, Section 34, Township 01 South, Range 05 East, Baxter Meadows Sub Phase 2C-2D, Lots 1-4, Block 14, Plat J-410. 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 19139; and WHEREAS, The Conditional Use Permit is required to allow ground level residential 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. GALLATIN GREEN CONDOMINIUMS CUP 19139 PAGE I OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 2. Prior to final approval, provide a water main easement that utilizes the correct language required by the City of Bozeman. The applicant must provide an original owner executed water main easement using the City's standard easement format prior to site plan approval. The applicant should contact the City of Bozeman Engineering Department (Griffin Nielsen)to receive the current standard language. In addition, an exhibit should be provided showing the extent of the proposed water main easement. 3. Prior to final approval, provide revised plans showing the pedestrian connection to the front entrance of the east six units moved out of the adjacent linear park The applicant must revise their site and landscaping plans to comply with this condition. 4. Section 38.230.110.F 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. 5. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation of a conditional use permit approval: 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. GALLATIN GREEN CONDOMINIUMS CUP 19139 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 2310, 2316,2320,AND 2338 Gallatin Green Boulevard DATED THIS "1 DAY OF Sepie_m6er- ,2019. Property Owner Si nature /ro.v t s I:k r A,V\ Printed Name dwne_r Title STATE OF MONTANA ss County of On this day of �✓ ,2019,before me,the undersigned,a Notary Public for the State of `7 ntana,personally appeared �e t� ,known to me to be the LOV 9 o 6\_AJVW'-\ .- f the property owner that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affi iy Notar' eaLthe day and year first above written. Y (Printed name) sctf KELLIE M SLIC C EIT ER Notary Public for the,St•to of Montana NOTARY �pTARI,q� Residing at SEAL a State of Montana My Commission Expires: Z r Residing at Missoula, MT (Use four digits for expiration yea Y�OFQ My Commission Expires December 12,2021, GALLATIN GREEN CONDOMINIUMS CUP 19139 PAGE 3 Or 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 2310, 2316, 2320, AND 2338 Gallatin Green Boulevard DATED THIS fd DAY OF ,m hp r ,2019. Property Owner Signature Printed Name Title STATE OF MONTANA :ss County of (,0_A-1 IN ) On this day of )eMM �, 2019, before me, the undersigned, a Notary Public for the State of Montana,personally appeared -_VC_X,c_\ C nt A-e--k- known to me to be the of 1c l i5 L(,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. C:�'eW �pWE N&e KAYLA MARIE HUBBARD a`T2otAR�<* t SM k"Llc for the (Printe name) SEAL Residing t ifs Notary Public for the State of Montana m9 ?� lgrade,WT My CommissionE)#m Residing at-V-)eA(afndl, KkJ 'Yn 1 L4 'FOF UoN�P January 24,2023 My Commission E-Apires:,)a N , 7L-A ,ZOZ3 (Use four digits for expiration year) GALLATIN GREEN CONDOMR41UMS CUP 19139 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 2310, 2316, 2320, AND /o2338 Gallatin Green Boulevard DATED THIS DAY OF 2019. Property Owner Signature �Z -ewez-__ v /Lll�d Printed Name G7&-*� Title STATE OF MONTANA :ss County of ) On this day of , 2019, before me,the undersigned,a Notary Public for the State of Montana,personally appeared ,known to me to be the of 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. SP.e C,4 /dckktow Iag.mt, (SEAL) (Printed name) Ca1drar., Notary Public for the State of Noe Residing at Mar,� DIGI Rey My Commission Expires: (Use four digits for expiration year) GALLATIN GREEN CONDOMINIUMS CUP 19139 PAGE,3 OF 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,orvalidity of that document. State of California ) County of Los Angeles ) . On 10�AOIPI before me, Kn� „-W, �y Notary Public, Date Here Insert Name and Title of the Officer personally appeared ._ _ haP t Gu i D Name(<of Signer(, who proved to me on the basis of satisfactory evidence to be the person( whose name(p)­ le/are subscribed to the within instrument and acknowledged to me that he/sJ;�e4rey executed the same in his/har/t�ir authorized capacity*),and that by his/her/fir signature*on the instrument the persor>,(a), or the entity upon behalf of which the persort(a)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. � ,_!, WITNESS my hand and official seal. KRISZTIAN NAGY Notary Public-California _ �-•-- - Los Angeles County Signature n Commission k 2267940 Signature of Notary Public My Comm.Expires Nov 20,2022 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document COv► ApprwoI•. . 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