HomeMy WebLinkAbout15- Remington Apartments located at 2220 Remington Way Inter-office original to:
City of Bozeman
Department of Community Development
20 1?asr Olive Streer
PLATTED
2539116
Page: 1 of 5 03/03/2016 01-08:38 PM Fee $35.00
Charlotte Mills - Gallatin County, MT MISC
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
REMINGTON APARTMENTS CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
2220 REMINGTON WAY, BOZEMAN, MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a conditional
use permit application to allow residential on the ground floor and to allow a proposed building
height increase to a maximum of 48.4 feet on property located at 2220 Remington Way,
Bozeman, MT; and
WHEREAS,the use is to be located on property that is legally described as Lot 3,Block
2,Kagy Crossroad Subdivision, City of Bozeman, Gallatin County,Montana; and
WHEREAS,the use is to be located on property that is legally zoned as B-2
(Community Business District) zoning district; and
WHEREAS, the Conditional Use Permit(CUP) is contained within the City of Bozeman
Department of Community Development's zoning application 15433; and
WHEREAS, The Conditional Use Permit is required for the establishment of residential
on the ground floor, and a proposed building height increase of 10% above the base maximum
building height in the B-2 zoning district; and
WHEREAS,the Conditional Use Permit application is subject to the following
conditions of approval and code provisions-
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CONDITIONS OF APPROVAL
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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.
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REMINGTON APARTMENTS CUP 15433 PAGE I OF 6
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
2. A public park easement shall be recorded for that portion of Lot 3 reserved for the park
and shall be recorded and executed at the Gallatin County Clerk and Recorder's Office
prior to final plan approval.
3. The proposed public park shall meet Americans with Disabilities Act (ADA) standards
including: 1) At least one position of the picnic tables shall be barrier-free (i.e., no seat);
2. Adequate turning movement and passing zones shall be designed for all walkways and
all recreational equipment.
4. Residential parkland requirement shall be satisfied through utilization of parkland, cash-
in-lieu, or other approved process by the City Commission, per Section 38.27.030 BMC.
Whichever course of action is chosen, the terms of Section 38.27 Parkland Requirement
shall be completed and approved by the City Commission prior to final site plan approval.
Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plan materials.
5. Park improvements in-lieu of parkland dedication shall be a minimum of$34,891.00 based
on the fair market value of improvements and labor costs as shown on the park plan in
excess of minimum standards under Section 38.27.080, BMC. The final plan submittal
shall include independent cost estimates for installed requirement and associated labor
cost. Any modifications from the approved park plan and cash-in-lieu summary may
require Commission review and approval.
6. The applicant shall submit a written narrative outlining how each of the conditions of approval
and code provisions has been satisfied with the final plan application.
Engineering Conditions:
7. A stormwater maintenance plan shall be submitted prior to FSP approval.
8. Low impact development practices must be used that infiltrate, evapotranspire, or capture for
reuse the runoff generated from the first 0.5 inches of rainfall from a 24-hour storm preceded
by 48 hours of no measurable precipitation. The proposed detention and retention facilities
will serve this purpose; however, the 0.5-inch rainfall requirement must be calculated by the
applicant's engineer and compared to the post-development runoff calculations to determine
which scenario controls sizing of the proposed ponds.
9. Plans and specifications for any fire service line must be prepared in accordance with the City's
Fire Service Line Policy by a Professional Engineer and be provided to and approved by the
City Engineer prior to initiation of construction of the fire service or fire protection system.
The applicant shall also provide Professional Engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings. Fire service plans
(and domestic services 4" or larger) shall be a standalone submittal, separate from the FSP.
Fire services shall be shown,with sizes labeled,on the FSP from main to building and approved
by the Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
10. The applicant must check the proposed 2-inch water services sizing against the requirements
as outlined in the City of Bozeman Design Standards and Specifications Policy prior to FSP
REMINGTON APARTMENTS CUP 15433 PAGE 2 OF 6
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
approval. When calculated by the Fixture Unit Method, as specified in the Uniform Plumbing
Code,the velocity in the service lines shall not exceed 10 feet-per-second.
11. A locking lid shall be placed on the proposed stormwater drywell to allow access only to
maintenance personnel, and manhole steps shall be included in the drywell such that if
someone were to accidentally fall into the drywell, they can safely egress.
12. A mutual access easement is required for the southern,joint access with the property to the
south to allow legal use of that access. A copy of the mutual access easement shall be
submitted with the final submittal materials. Easements and R/W located on and adjacent
to the site shall be depicted and labeled appropriately.
13. The previous traffic impact study(TIS)prepared for the underlying subdivision was completed
in 1997. The TIS needs to be updated to define the impact of traffic from the proposed
development and any necessary mitigation measures on the surrounding transportation system.
This is a condition of FSP approval.
Code Provisions, Bozeman Municipal Code (BMCI-
a. Section 38.19.120 BMC requires that the final plan shall contain the materials required in
39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility rights-of-
way or easements: (1)Electric;(2)Natural Gas;(3)Telephone,cable TV,and similar services;
(4) Water; and(5) Sewer (sanitary, treated effluent and storm). The final plan submitted shall
show the most recent version of public and private utility locations.
b. Section 38.19.110.17 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.
c. 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;
REMINGTON APARTMENTS CUP 15433 PAGE 3 OF b
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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 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.
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.
d. The transfer of water rights or the payment of cash-in-lieu of water rights shall be provided in
accordance with Section 38.23.180 BMC prior to final site plan(FSP)approval.
e. Section 38.23.070 BMC requires that the cutting of any city street be done in compliance
with the City's Street Cut Policy. The required form and information can be found on the
City's website at www.bozeman.net,
f. The Gallatin County Conservation District, Montana Department of Environmental Quality,
and U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any
required permits (i.e., 310,404,Turbidity exemption, etc.) shall be obtained and provided
prior to FSP approval.
g. An erosion and sediment control plan shall be prepared for the project and approved by the
City's Stormwater Program Coordinator prior to FSP approval.
h. Prior to building permit approval, an erosion and sediment control permit shall be obtained
from the City's Stormwater Program Coordinator. The erosion and sediment control plan
approved with the final site plan shall be utilized to obtain the erosion and sediment control
permit.
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 uses remains
at the property addressed at 2220 Remington Way.
DATED THIS DAY OF " ,2015.
REMINGTON APARTMENTS CUP 15433 PAGE 4 OF 6 j
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
- Property Owner
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Printed Naive
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Title
STATE OF MONTANA
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County of_ Le,"-,, .i 0,;, h_ )
On this It', day of 2015, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared_ �,� /�,,. �rs�ry , known to me to be the
Lx.,,ter of 2Pdan, -. 4-_ 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
Residing at
,p MARK C.ESPONDA
g�' 0� My Commission Expires:
NOTARY PUBLIC for the
State of Montana (Use four digits for expiration year)
SEAL Residing at Helena,Montana
My-Commission Expires
February 02,2018
REMINGTON APARTMENTS CUP 15433 PAGE 5 OF 6
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