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HomeMy WebLinkAbout16- Un-Knotted Extended Stay Conditional Use Permit for 708 North Rouse Avenue Inter-office original to: City of Bozeman Clerk's Office 121 N.Rouse Avenue Bozeman.MT 59715 2535215 Page: 1 Of 5 O W 212016 11:49:15 AM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIIIlIIlIIIIlllilll IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII IIIIIIII IIIIIIlIIIIIIIIIII P"T, CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE UN-KNOTTED EXTENDED STAY CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 708 NORTH ROUSE AVENUE,BOZEMAN,MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional Use Permit allow a portion of the building located at 708 North Rouse Avenue to change a professional office use to an extended stay use(vacation rental); and WHEREAS,the use is to be located on property that is legally described Lots 19-24, Block 118,Northern Pacific Addition,plus the northern half of the vacated Cottonwood Street, S06,T02S,R06E, City of Bozeman, Gallatin County,Montana; and WHEREAS,the use is to be located on property that is legally zoned as NEHMU (Northeast Historic Mixed Use) zoning district; and WHEREAS, the Conditional Use Permit is contained within the City of Bozeman Department of Community Development's zoning application no. 15422; and WHEREAS,the Conditional Use Permit is required because the extended stay use is a conditional use in the NEHMU zoning district; and WHEREAS,the Conditional Use Permit application is subject to the following conditions of approval and code provisions: CONDITIONS OF APPROVAL Planning Conditions 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. 708 NORTH ROUSE EXTENDED STAY CUP 15422 PAGE a 1 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 2. The maximum number of guests with the extended stay unit shall not exceed 5 per night. 3. All outdoor activities on the property shall cease by 10:00 p.m. 4. There shall be no outdoor sleeping, campers or tents permitted on the property at any time. 5. The owner shall assure that the occupants and/or guests of the vacation rental do not create unreasonable noise or disturbances,engage in disorderly conduct, or violate any provisions of this Conditional Use Permit or state or local laws by notifying occupants of the rules regarding this rental and responding when notified that occupants are violating any laws or rules regarding their occupancy. It is not intended that the owner, local agent, or contact person act as a peace officer or place himself or herself in harm's way. 6. The owner or agent of the owner shall mail to the party signing any rental agreement or reserving the property a copy of all the vacation home rental rules and regulations, including the above conditions, within ten(10) days of reserving the property. Any rental agreement shall include a written acknowledgment by the renters of compliance with said rules and conditions. The owner or agent shall also prominently display all the rules and regulations within the unit or on/adjacent to the interior of the front door. This information shall also include the following: a. The name of the property management c ompany, agent, local contact person, or owner of the property, and a telephone number at which that party may be reached on a 24-hour basis. b. The trash pick-up day and notification of all rules and regulations regarding trash removal. c. The rules,requirements or provisions for seasonal snow removal. 7. That the applicant upon submitting the final plan for approval by the Community Development 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. Engineering Conditions 8. The water service to the building may require an upgrade to accommodate the proposed use. The applicant shall coordinate water service sizing with the Building Department and the Water and Sewer Superintendent. The water service shall be sized such that the maximum velocity in the line,as calculated by the fixture unit method defined in the Uniform Plumbing Code, does not exceed 10 feet-per-second (City of Bozeman Design Standards and Specifications Policy). The water service installation inside the building shall be brought to the current standard if it doesn't currently have a backflow preventer per City Water Inspection Requirements. The backflow preventer provides protection of the public water supply. i 708 NORTH ROUSE EXTENDED STAY CUP 15422 PAGE 2 OF 5 f CONDITIONS OF APPROVAL FOR A.CONDITIONAL USE PERMIT APPLICATION 9. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code shall be installed with any development responsible for food preparation. In accordance with Municipal Code, on-site maintenance and interceptor service records shall be kept on a regular basis and made available to the City upon request. If not existing,the grease interceptor must be constructed. CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS A. Section 38.19.11 OX BMC states that the right to a conditional use permit shall be contingent upon the fulfillment 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 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. WHEREAS, the Conditional Use Permit application is subject to all provisions of the Bozeman Municipal Code including the provisions listed below: A. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment 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 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. B. Section 38.19.110.I,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. �F t E 708 NORTH ROUSE EXTENDED STAY CUP 15422 PAGE 3 OF S i i I CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 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 PIanning 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. 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. 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 708 North Rouse Avenue. DATED THIS DAY OF ,2015. f E E f f 708 NORTH ROUSE EXTENDED STAY CUP 15422 PAGE 4 OF 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL;USE PERMIT APPLICATION PROPERTY OWNER Signature Printed Name and Capacity I STATE OF MONTANA :ss County of (Dal On this day of r' Lklk 201 before me,the undersigned, a Notary Public for the State of Montana, personally appeared A`-'Ld,.� known to me to be the of u�Y ` cy"_ ,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. -, (SEAL) (Printed name) Notary Public for the State of Montana ;_NH� ALiCIAKENNEDY • •. NOTARY PUBLIC for the Residing at nfl s � STATE OF MONTANA My Commission Expires: ; - - - r Nam, Residing at Bozeman,Montana � of My Co ssl 20�res (Use four digits for expiration year) i 708 NORTH ROUSE EXTENDED STAY CUP 15422 PAGE 5 OF 5 I i