HomeMy WebLinkAbout13- 1735 West Oak Street Conditions of Approval for Conditional Use Permit Inter-office orioial to:
City of Bozeman
Department of Planning&,Community Developineeit
20 Yeast Olive Street
i
---.nor
2462
Page 1 of 6 00)111°9G13 01 54 04 PM Fec $42 00
Charlotte Mills - Gallatin Countyr MT f9I;f
rIIIIII ���II�IiI Illi iiii I IIIIII III!C 1 IIP"IIII I!liIII III IIIII IN IIII 1111
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED AT
1735 WEST OAK STRFFT,BOZEMAN, MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional
Use Permit from the City of Bozeman to allow an automotive fuel sales facility in the B-2 zoning
district at a premises.located at 1735 West flak Street; and
WHEREAS,the use is to be located on property that is legally described as Lot 1 A-2,
Bridger Peaks Town Center Subdivision, City of Bozeman, Gallatin County, Montana; and
WHEREAS,the Conditional Use Permit is contained within the City of Bozeman
Department of Planning and Community Development's zoning application#Z-13(157; and
WHEREAS,the Conditional Use Permit is subject to the following conditions of
approval:
I. That the applicant upon submitting the Final Site Plan for approval by the Director and
prior to issuance of a building permit,will also submit a written narrative outlining how
each of the conditions of approval and code provisions have been satisfied. The Final Site
Plan application shall include seven sets of the drawings and other materials provided
with the preliminary site plan with updates as required to address conditions and code
requirements.
2. A copy of the State licenses for the establishment shall be submitted to the Department of
Planning & Community Development prior to the issuance of a building permit by the
City of Bozeman,
3. The right to operate a fueling station is revocable according to the provisions in BMC
Sections 38,19.110,1 and 38.34.164 based on substantiated complaints from the public or
a regulatory agency having subject matter jurisdiction regarding State, City or any other
applicable law regarding sale of feel,
4. Any expansion of this use is not permitted unless reviewed and approved as required
under the applicable regulations of the Bozeman Municipal Code. The review of this
/ SNUTH'S FUEI-ANG CENTER CUNT3MONAL USE pMWff PAGE 10 6
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
application included those areas shown as expansion areas on Sheet C1.1 of the
submittal. An expansion of the canopy structure shall not be allowed until a Certificate of
Appropriateness has been obtained for the proposed construction.
5. The pallets shown on Sheet C 1.1 shall be relocated to the north end of the fueling islands.
6. The vent risers in the landscaped area along Oak Street depicted on Sheet C1.1 shall be
screened by evergreen vegetation from Oak Street.The vegetation shall be a minimum of
four feet in height at planting and not less than 8 feet in height at maturity.All screening
shall be included on the landscaping plan.
7. The siding material on the storage shed located north of the kiosk shall not be T-111. The
depicted style of siding is acceptable but a more durable material is required.
8. Section 38.28.030 prohibits electronic signs. The final site plan shall include details on
sign construction and character to demonstrate compliance with this section.
9. Section 38,23.150 especially table 38.23.150-6 establish requirements for site lighting.
The required lighting details and photo metrics are not included with the submittal. The
final site plan shall contain the information necessary to demonstrate compliance with
site lighting standards adjacent to residential property.This includes materials required in
Section 38.41.060.A.18.The lighting under the canopy shall be fully recessed into the
canopy to minimize spill over light.
10.A minimum of 10 feet clear distance shall be maintained between any storm..sewer
structure and any water main.
11. Meter pits are not allowed within the City of Bozeman unless special approval is received
from the Water/Sewer Superintendent.
12. A backflow prevention device as approved by the Water/Sewer Superintendent shall be
installed with the proposed yard hydrant.
13.The Final Site Plan shall be adequately dimensioned.
14.A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids,sift,oils,grease,and other pollutants must be provided to and
approved by the City Engineer. The plan must demonstrate adequate site drainage
(including sufficient spot elevations),storm water detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure details), storm
water discharge destination, and a storm water maintenance plan,
15 A Storm Water Management Permit(SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an
application form and a Storm Water Management Plan in compliance with the City of
Bozeman's Storm Water Management Ordinance#1763. The SMP is independent of any
other storm water permitting required from the State of Montana, and does not fulfill the
requirement to obtain a Storm Water Pollution Prevention Plan(SV*7pPP) if they are
required for this development.
EsN—ms FUELING CENTER COND1TIl7NA USA PF3iMIT FAGS OF
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
16.A storm water easement must be established on the adjacent property and filed with the
County Clerk and Recorder's Office for the retention pond and discharge course if located
off the subject property.
17. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed by the
applicant,
I& The location of existing water and sewer mains shall be properly depicted, as well as
nearby fire hydrants. Proposed main extensions shall be labeled "proposed".
19.Typical curb details(i.e.,raised and/or drop curbs) and typical asphalt paving section
detail shall be provided to and approved by the City Engineer. Concrete curbing shall be
provided around the entire new parking lot perimeter and adequately identified on the
FSP.
20,All existing utility and other easements must be shown on the FSP.
21. If construction activities related to the project result in the disturbance of more than I
acre of natural ground, an erosion/sediment control plan may be required. The Montana
Department of Environmental Quality,Water Quality Bureau,shall be contacted by the
Applicant to determine if a Storm Water Discharge Permit is necessary. If required by
the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of I acre
or Im if the point of discharge is less than 1001 from State Waters. A copy of the Notice
of Intent(NOI),the Storm Water Pollution Prevention Plan (SWPPP), and the
approval letter from the Montana Department of Environmental Quality shall be
submitted to the City.
WHEREAS,the Conditional Use Permit is subject to all provisions of the Bozeman
Municipal Code including the provisions listed below:
• In Accordance with the BMC Section 13.12,322 the Water/Sewer Superintendent is
requiring an inspection of your water service to determine whether the water service has
backfiow protection and if such protection is installed that the device is appropriate for
the level of use for the facility. If the service has been found without backflow protection
the applicant will have a preventer and expansion tank installed. If the existing device
does not provide adequate protection, the applicant will be required to replace the
preventer with a preventer that is designed to provide adequate protection. Please call the
Water Department's Backflow specialist @ 582-3200 to arrange an inspection of the
water service.
• Section 38.19.110Y BMC states that the right to a conditional use permit shall be
contingent upon the fulfilb-nent of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions shall
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
SWTHIS FUELING CENTER CONDMONAL usE PERMff PAGE 3 OF 6
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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.
Section 38.19.110.1. BMC Termination/Revocation of 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 Section 38.19.130, BMC.
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 regulatoi y 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 38.34.160,BMC.
• Section 38.19.160 states that a Building Permit must be obtained prior to the work, and
must be obtained within one year of Final Site Plan approval, Building Permits will not
be issued until the Final Site Plan is approved.
• Section 38.21,050.F requires all mechanical equipment to he screened, Rooftop
equipment shall be incorporated into the roof form or screened in an enclosure and
ground mounted equipment shall be screened with walls, fencing or plant materials. The
final plan shall contain a notation that "No ground mounted mechanical equipment,
including, but not limited to utilities, air exchange/conditioning units, transformers, or
meters shall encroach into the required yard setbacks and will be properly screened with
an opaque solid wall and/or adequate landscape features. All rooftop mechanical
equipment shall be incorporated into the roof form or screened in an approved rooftop
enclosure."
e Per Section 38.23.150,BMC,A detail for the bollard noted on Sheet C1.1 note 25 shall
be provided to confirm compliance with lighting restrictions.
SMITH'S FUELING CENTER CONDMONAL USE PERMrr PAGIE
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
• Per Section 38.23.170,BMC,The final site plan shall include a description and location
of a site trash enclosure during construction period as required.
• The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and fi-om the site in accordance with section 38.39.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
• All construction activities shall comply with section 38,39.020.A.2. of the Unified
Development Ordinance. This shall include routine cleani-ng/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
• Per Section 38.39.030.A Private certification of installation of improvements prior to
occupancy and operation of the site.These certifications should be provided at least a
week before the Certificate of Occupancy issuance is desired. Please schedule work
accordingly.
• Per Section 38.41.100.0 the landscape designer credentials included with the final site
plan,preferably on the landscaping sheet.
EMITIPS FUELING CENTER CONDMONAL USE Pr-,RMrr PAGE 5 OF 6
i
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERT'Ut APPLICATIOl�
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 medical
office on the ground floor use remains on the subject property.
DATED THIS DAY OF IZ,, 2013.
PROPERTY OWNER
Signature
Printed Name and Title
STATE OF' .. ) � _ +tJ, ..-e f ,✓ '
:ss
County ofd✓ )
On th" Z-day of , 2013,befoi e me,the undersigned a Notary Rub c for the State
o personally a ears , of r known to
in to e the property owner that executed the wi instrument, and acknowledged t6 me that be
executed the same for and on behalf of said corporation.
SS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
a 40N ., i tten.
al)y (Printed Name Here)
Notary Public for e State of Montana--
,, Residing at. 3
My Com nissi&xpir�es�
ND (Use 4 digits for expiration year)
SMITH'S FOELING CENTER CONDMONAL USE PERMIT PAGE 6 OF 6