HomeMy WebLinkAbout20- Conditions of Approval - 1005 Durston Road - Headwaters Academy Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street 2696147
Page: 1 of 4 08/21/2020 11:05:42 AM Fee: $28.00
Eric Semerad - Gallatin County, MT MISC
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PLEA f l
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
HEADWATERS ACADEMY SITE PLAN AND CONDITONAL USE PERMIT
FOR PROPERTY LOCATED AT
1005 DURSTON ROAD,BOZEMAN, MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow a community center use within the R-5 zoning district(Residential Mixed-
Use High Density District); and
WHEREAS, the use is to be located on property that is legally described as SO1,
T02 S, R05 E, Acres 3.021, Tract In S2, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned as R-5
(Residential Mixed-Use High Density District) zoning district; and
WHEREAS, the Conditional Use Permit (CUP) is contained within the City of Bozeman
Department of Community Development's zoning application 19495; and
WHEREAS, The Conditional Use Permit is required for the community center use in the
R-5 zoning district as required 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.
2. Prior to final plan approval,provide a signed 30-foot public access and utility easement that
utilizes the correct language required by the City of Bozeman. The applicant should contact
the City of Bozeman Engineering Department(Anna Russell)to receive the current standard
HEADWATERS ACADEMY SITE PLAN&CONDITIONAL USE PERMIT#19495 PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
language.
3. Prior to final plan approval, provide final water usage numbers to determine if a cash-in-lieu
of water rights payment is required.
4. Prior to final plan approval,provide the required 20-feet of additional right-of-way along
Durston Road. The applicant should contact the City of Bozeman Engineering Department
(Anna Russell) for the required City standard documents.
5. The applicant must submit a service line locate to confirm the location of the existing gas line
if present on the subject property, and provide information as to whether it is a live service
line. If the service is in use, the applicant must not disconnect or make any modifications that
would disrupt service to the adjacent property.
Conditional Use Permit and Special Use Permit Provisions Bozeman Municipal Code (BMCI'
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
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
HEADWATERS ACADEMY SITE PLAN&CONDITIONAL USE PERMIT#19495 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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
HEADWATERS ACADEMY SITE PLAN&CONDITIONAL USE PERMIT#19495 PAGE 3 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL 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 1005 Durston Road.
DATED THIS I S DAY OF J " ,2020.
Property Owner
C!
nature
Printed Name
V/u
Title �n
STATE OF MONTANA
:ss
County of G-IaI[at;n )
On this ICJ day of Sul y , 2020,before me,the undersigned, a Notary Public for the
State of Montana,personally appearedluf la�re.UJiuiar.s VPaow�d eF D,rocligm Wadw�,known to me to eAcrdep^y,LNc
the U►l4 &,, de m 4-&&1,)f D;cecl-ors of 1 he ye&d iyafars Ac d een.j I T h L the
property owner that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set m d and affixed my Notarial Seal the
day and year first above written.
elhe P010Lki0U'-C►-\
(SEAL) (Printed name)
Notary Public for the State of Montana
F�,
\�p"'A't Icl ELLIE PALAKOVICH Residing at �q
�,; Notary Public
NOTAAjq*;y=for the state of Montana My Commission Expires: S p
.SEAL gozeman�, Montana (Use four digits for expiration year)
pF'MpP�'\` My Commission Expires:
May 5,2024
HEADWATERS ACADEMY SITE PLAN&CONDITIONAL USE PERMIT#19495 PAGE 4 OF 4