HomeMy WebLinkAbout21- Conditions of Approval - Housing First Transitional Housing Special Use Permit 2007 Wheat Drive Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
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CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT; APPLICATION No. 20348
CONDITIONS OF APPROVAL FOR THE
HOUSING FIRST TRANSITIONAL HOUSING SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT 2007 WHEAT DRIVE
LOT 2,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 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 2, 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 No. 20348; and
WHEREAS, the Special Use Permit is required for the use of the property for a
Transitional 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 or state law.
HOUSING FIRST TRANSITIONAL HOUSING SUP;PROJECT 20348 PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
2. The Applicant/owner and its successors shall maintain the premises in good condition and
shall manage the residents' occupancy of the units to maintain order and assure the health,
safety and general welfare of the public.
3. The Housing First Village Management Plan, dated September 21, 2020, 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.
4. Prior to operation of the Housing First Village transitional housing program,the Applicant
must ensure that a sheltered transit stop is located within one-quarter mile of the Site.
5. Prior to issuance of a building permit, all applicable public utility easements for the
property shall be recorded.
CODE PROVISIONS
6. Per BMC 38.100.080 and 38.200.110,the proposed project shall be completed as approved
and conditioned in the approved Site Plan and the Housing First Village 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 Director of the Community Development
Department and this approval is granted prior to undertaking said modifications. The only
exception to this law is repair.
7. BMC 38.230.120, in addition to all other conditions, the following general requirements
apply to every special use permit granted:
a) That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the Special Use
Permit procedure; and
b) That all of the conditions (1) shall constitute restrictions running with the
land use, shall apply and be adhered to by the owner of the land, successors
or assigns; (2) shall be binding upon the owner of the land, his successors or
assigns;(3)shall be consented to in writing; (4)and shall 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 special use.
8. 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
HOUSING FIRST TRANSITIONAL HOUSING SUP;PROJECT 20348 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
failure to maintain compliance the, City may revoke the approval through the procedures
outlined in BMC 38.200.160.
NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted conditions of
approval and code provisions for the 20348 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 2007 Wheat Drive, Bozeman, Montana.
DATED THIS DAY OF �( ' , 2021.
HOUSING FIRST TRANSITIONAL HOUSING SUP;PROJECT 20348 PAGE 3 OF 4
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
Property Owner
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Signatur
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Printed N me
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Title
STATE OF MONTANA
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County of Gallatin
On this day of 0 c o , 2021,before me,the undersigned, a Notary Public for the
State of Montana,personally appeared 7141 C./ {�!�tte-rz ,known to me to be
the A"'Oel'ak �f Y c�o r of 1)r 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.
7 7
LtDNj"'—' .
(SEAL) (Printed name)
spy �, MARTIN JOHNSON
,Q tis' Notary Public Notary Public for the State of Montana
atP'�oTnRrq��2'_for the State of Montana
*_ Residing at: Residing at 6;�2,p�4w-- /�7
SEAL Q- Bozeman, Montana '
My commission Expires: My Commission Expires: jet 3 ZoZ Z
February 03, 2022
(Use four digits for expiration year)
HOUSING FIRST TRANSITIONAL HOUSING SUP;PROJECT 20348 PAGE 4 OF 4