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HomeMy WebLinkAbout15- Un-Knotted Extended Stay Application 15422 Ep N MT Planning November 24, 2015 Nelson Montana Property LLC c/o Ashley Nelson 500 Beaver Creek Gallatin Gateway, MT 59730 RE: Un-Knotted Extended Stay Conditional Use Permit,Application No. 15422 Dear Ms. Nelson, On November 23, 2015, the City Commission preliminarily approved your Conditional Use Permit to allow a portion of the building at 708 North Rouse Avenue to change from professional office use to extended stay use. The decision on the application was based on the fact that, with conditions and code provisions, the proposal complies with the requirements of Chapter 38 of the Bozeman Municipal Code, will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Community Plan. A complete and signed final plan request and supporting materials must be submitted to the Department of Community Development within six months of the Commission's preliminary decision, or by May 23, 2016. The submittal must be accompanied by a written narrative explaining how all of the recommended conditions of approval and code provisions approved by the City Commission (and included in the staff report) have been addressed. If the final plan cannot be submitted within the six-month period as previously referenced, a six month extension may be granted by the Director of Community Development. The conditions of approval and code provisions approved by the City Commission are as follows: 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. 2. The maximum number of guests shall not exceed 5 per night. 3. All outdoor activities shall cease by 10 p.m. 4. There shall be no outdoor sleeping, campers or tents permitted on the property at any time. A 0 East$ l,,straArtlrl r.u. Dux iLau /7\'n may " bBozeman MT B9771-1230 e -.ne w Too: 406-582-2301 THE MOST LIVABLE PLACE. 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 company, 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. 2 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 Provisions Requiring Corrections 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 1 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.Staff will draft the document that must be recorded at the Gallatin County courthouse.A copy of this recorded document must be submitted with the final plan request. This City Commission project decision may be appealed by filing a petition with a court of record,within 30 days after the date of approval,by following the procedures of Section 38.35.080.B, BMC and Montana Code Annotated Section 76-2- 327. A copy of the CUP document that needs to be signed, notarized and recorded at the Gallatin County Clerk and Recorder's office is enclosed. Please review this document to ensure the property owner information and property description, including the legal description, is correct. If you have any questions, or if the Planning Division can be of further assistance, please do not hesitate to contact me at 406-582-2272. Thank you for your participation in the review process. Res.,..c, f,lly, Al ,son �t. Brekke,AICP Associate Planner End: CUP Recorded Document CC:City Clerk's Office 3