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Home My WebLink About20- Conditions of Approval - 2015 Wheat Drive - Warming Center Special Use Permit 2689445 Inter-office original to: Page: 1 of 5 07/16/2020 12:11:13 PM Fee: $35,00 Go,,of eman 111111111 IIIII Eric I Jill JI IIII1111111 Jill IIII IIIII IIIII IIIII I111111111111I IIII11111 Jill MISC Department of Community Development 20 East()Eve Street PLATTED; Pi CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 20145 CONDITIONS OF APPROVAL FOR THE 2015 WHEAT DRIVE WARMING CENTER SPECIAL USE PERMIT FOR PROPERTY LOCATED AT LOT 1, PLAT 3-58-B,WHEAT COMMERCIAL SUBDIVISION AMENDED, BOZEMAN, GALLATIN COUNTY,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Special Use Permit approval to allow a Transitional and Emergency Housing facility at the above-referenced property lying within a B-2 (Community Business) zoning district; and WHEREAS, the use is to be located on property that is legally described as Lot 1, Plat 3-58-B of the Wheat Commercial Subdivision Amended; and WHEREAS, the use is to be located on property that is legally zoned as B-2 (Community Business) zoning district; and WHEREAS, the Special Use Permit is contained within the City of Bozeman Department of Community Development's zoning application 20145; and WHEREAS, the Special Use Permit is required for the use of the property for a Transitional and Emergency Housing facility in the B-2 zoning district; and WHEREAS, the Special Use Permit approval 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 (BMC) or state law. WARMING CENTER SUP 20145 PAGE 1 OF 5 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 2. The Applicant must include in the program's Management Plan, the provision of transportation for clients to and from the facility in the morning and evening hours of operation of the emergency housing program until such time that a sheltered transit stop is located within one-quarter mile of the Site. 3. A minimum five-foot wide concrete sidewalk must be provided across the access driveway which connects the sidewalk segments on each side of the driveway access. The Applicant must also provide a minimum five-foot concrete pathway from the Wheat Drive city sidewalk leading into the Site and connecting to the primary entrance of the building. If the pathway crosses the parking area or drive aisles, a crosswalk meeting city standards must be provided. 4. The Wheat Drive Emergency Shelter Management Plan, amended pursuant to Condition Number 2, is herein incorporated by reference and may not be amended without the prior written approval of the Director of the Community Development Department per BMC 38.360.135. 5. The Applicant must submit a building permit application for a change of use from the child care center to the Transitional and Emergency housing occupancy. The building permit will require Americans with Disabilities (ADA)-parking and for ADA-compliant egress from the building. 6. The second floor apartment may not be occupied as a dwelling unit for use by the manager or other employee of the Center, until the Applicant submits a building permit and is granted an occupancy permit verifying that the unit meets all applicable Building and Fire Codes. Conditional Use Permit and Special Use Permit Provisions Bozeman Municipal Code(BMC) CODE PROVISIONS: 1. BMC 38.100.080 & 38.200.110, the proposed project must be completed as approved and conditioned in the Special Use Permit application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the Applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking any modifications. The only exception to this law is repair. 2. BMC 38.230,120, 38.230.110.F. 1 and 2, in addition to all other conditions, the following general requirements apply to every special use permit granted: i. That the right to a use and occupancy pen-nit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and ii. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's office by the ARMING CENTER SUP 20145 PAGE 2 OF 5 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION property owner prior to the issuance of any building permits, final plan approval or commencement of the special use. If activity begins for which a special use permit has received 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. 3. BMC 38.230.140. Final plan. The Applicant must submit a final plan that addresses the code provisions and related development standards noted within this staff report. 4. BMC 38.400.100. Street vision triangle. Provide street vision triangles on a final plan in accordance with this section. 5. BMC 38.410.090 Fire Protection Requirements. Fire lanes, striping, and signage must be provided within the parking area in accordance with City of Bozeman Fire protection requirements. Reflect fire lanes and details on final plan. 6. BMC 38.520.060.C.2 Pedestrian-oriented open space design criterial. The open space on site must be landscaped and amenitized per the requirements of this section. A landscape plan must be provided with the final plan that meets the requirements of this section. 7. BMC 38.520.070 Service areas. A service area trash enclosure is required. Coordinate the location of the enclosure with Mr. Russ Ward, City's Solid Waste Program (582-3235, rward@bozeman.net) to assure safe access to the dumpster(s) and a safe egress for the solid waste disposal truck. Provide the required five-foot wide buffer landscaping around the enclosure. 8. BMC 38.520.070.C. Service area enclosures. Provide a final plan that includes a service area enclosure including a sketch of the proposed dimensions, materials, and color of the enclosure per requirements of this section. 9. BMC 38.540.050.A.4 Bicycle parking required. All site development must provide bicycle parking. Ten percent of the required automobile parking spaces must be provided as bicycle parking meeting the requirements of this section. Provide bicycle parking location, spaces, and rack details that meet the requirements of this section with final plan. 10. BMC 38.570.040.G Site lighting. Miscellaneous site lighting specifications. All lighting must comply with the requirements of this section. Existing building mounted lighting does not meet requirements. Provide conforming lighting plan with final plan submittal that meets standards. 11. BMC 38.570.110 Nonconforming lighting. Nonconforming lights can only be replaced with conforming lights. Site plans, conditional use pennits, and special use permits require lighting to become compliant. The city may require nonconforming lights to be replaced with modifications/reuse applications. All nonconfonning lights on this site must be replaced with conforming lighting. ARMING CENTER SUP 20145 PAGE 3 OF 5 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 20145 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 as 2015 Wheat Drive, Bozeman, Montana. DATED THIS 1G' DAY OF ��^ �y 2020. Proper w e at Printed Name ?,5")"� / c c o Title STATE OF MONTANA :ss County of Gallatin On this I G day of .� , 2020, before me, the undersigned, a Notary Public for the State of Montana, personally appeared fl k' r v" l�►n ti� c-v� , known to me to be the T 1es�rr��v�`I- 4 cE0 of I�tiw,11n, 1�oNr64 \Lev � o�,�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. MARTIN JOHNSON Notary Public for the State of Montana *: -- {�*_ �siding at: (printed name) ;.SEAL. Q; (SF O an, Montana ,�oF Mo My Commission Expires: Notary February 03,2022 Nota Public for the State of Montana ARMING CENTER SUP 20145 PAGE 4 OF 5 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION Residing at S02-4*_%A^ y�T My Commission Expires: I-e-6 03 , Zo 2 2 (Use four digits for expiration year) ARMING CENTER SUP 20145 PAGE 5 OF 5