HomeMy WebLinkAbout16- Conditional Use Permit - South Towne Square Building 4, Application 15589Inter -office original to:
City of Bozeman
Department of Community Development
20 Fast Clive Street
2553124 1 00
page: I ofMiils 08102/2016 03:23:County19MTM Fee $2Misc
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PLATTED
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
SOUTH TOWNE SQUARE BUILDING 4 CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED AT 2000 SOUTH 3RD AVENUE, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a conditional
use permit to allow medical, dental and general office, and/or exercise and health facilities on the
ground floor within a 5,426 square feet commercial building located at 2000 South 3rd Avenue;
and
WHEREAS, the use is to be located on property that is legally described as Third
Avenue Condominium, Lot 3 A, Block 4, Thompsons Addition to Bozeman, Section 18, T2S,
R6E, PMM, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned as B-1
(Neighborhood 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 15589; and
WHEREAS, the Conditional Use Permit is required for medical, dental and general
office, and/or exercise and health facilities on the ground floor in the B-lzoning district; and
WHEREAS, the Conditional Use Permit application is subject to the following
conditions of approval and code provisions:
RECOMMENDED 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.
2. Any expansion of this use or facility is not permitted unless reviewed and approved as
required under the applicable regulations of the Bozeman Municipal Code.
SOUTH TOWNE'BUILDING 4'CUP 15589 PAGE 1`OF 3
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CODE REQUIREMENTS FOR CONDITIONAL USE
a) Section 38.19.11OX 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 describes the process for termination/revocation of a
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.
£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 38.19.120
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
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 2000 South 3rd Avenue.
DATED THIS DAY OF .2016.
SOUTH TOWNE BUILDING 4 CUP 15589 PAGE 2 OF 3
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
f) A U) A -M IJT-C? ti
Printed Name
STATE OF MONTANA
/�
County of l� VAI: nss )
On this cZ day of �, 20L16, befi me, the undersigned, a Notary Public for the State
of Montana, personally appe ed \jta 6%otol) ,known to me to be the
mem of , 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.
NhAL
My Commission Expires:
(Use four digits for expiration yea -*o
SOUTH TOWNE BUILDING 4 CUP 15589 PAGE 3 OF 3
KATHERINE MAINES
Vev Notary Public
NoTARi,4 :�,`; for the State of Montana
: *
,.SEAL.-
Residing at:
Belgrade, Montana
.....0 '
My Commission Expires:
July 22, 2020
My Commission Expires:
(Use four digits for expiration yea -*o
SOUTH TOWNE BUILDING 4 CUP 15589 PAGE 3 OF 3