HomeMy WebLinkAbout05-01-17 City Commission Packet Materials - A1. Safelite Auto Glass Conditional Use Permit16342 Staff Report for Safelite Auto Glass Auto Repair Business – CUP
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16342, Staff Report for Safelite Auto Glass Auto Repair Business –
Conditional Use Permit
Date: City Commission Public Hearing May 1, 2017
Project Description: A Conditional Use Permit (CUP) to allow an auto repair business to use existing retail space within the B-2 (community business) zoning district.
Project Location: The property is described as Lot 3A-2-1, Block 3, Kirk Subdivision No. 4, located in the Section 11, Township 2 South (T2S), Range 5 East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Specifically, the request is to utilize Unit 20 of the University Square Shopping Center which is addressed as 200 S. 23rd Avenue. The University Square Shopping Center is located within a Class II Entryway Corridor.
Recommendation: Approval with conditions.
Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 16342 and move to approve the conditional use permit with conditions and subject to all applicable code provisions.
Report Date: April 20, 2017
Staff Contact: Addi Jadin, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues There are no unresolved issues.
Project Summary This is a proposal for a Conditional Use Permit for Safelite Auto Glass—an auto repair business—to utilize existing space within the B-2 zoning district. Application 16342 was submitted by applicant, Jerry Frazier, Embree Construction Group, LLC on behalf of representative, Rich McHenry, Safelite Auto Glass, and property owner, University Square Bozeman Shopping Center LLC. An approved CUP is required for auto repair businesses within the B-2 zoning district. The property is designated in the community growth policy as Community Commercial Mixed Use and is located within a Class II Entryway Corridor Overlay District.
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Safelite Auto Glass will occupy Unit 20 of the University Square Shopping Center which is addressed as 200 S. 23rd Avenue. Unit 20 is a 3,924 square foot unit to the rear of O’Reilly Auto parts. The University Square Shopping Center, a legal non-conforming property, most recently received approval in 2008 for a Certificate of Appropriateness (COA) to allow façade modifications and site improvements. The minor alteration of the building necessitated by the CUP will have insignificant impact on the COA approval; therefore no modification is required (see further information in Appendix B). The Development Review Committee reviewed the application on April 5, 2017 and recommends approval with staff conditions. No public comment has been received on the application.
Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable CUP criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 Alternatives ............................................................................................................................................... 2 SECTION 1 - MAP SERIES ............................................................................................................................ 4 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES ................................... 7 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ........................................................ 7 SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC ..................................... 7 SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................................. 8 SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS .......................................................... 9 SECTION 7 - STAFF ANALYSIS AND FINDINGS .................................................................................. 9 Applicable Plan Review Criteria, Section 38.19.100, BMC. ..................................................... 9 Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC............. 12 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ................................................ 14 APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............................. 15 APPENDIX C - NOTICING AND PUBLIC COMMENT ....................................................................... 16 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ........................................... 16 FISCAL EFFECTS .......................................................................................................................................... 16 ATTACHMENTS ........................................................................................................................................... 16
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SECTION 1 - MAP SERIES
FIGURE 1 - ZONING
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FIGURE 2 - FUTURE LAND USE
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FIGURE 4 –PROJECT LOCATION WITHIN UNIVERSITY SQUARE SHOPPING CENTER
FIGURE 3 - SUBJECT SITE PLAN
Project Location
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FIGURE 4 - PROPOSED FLOOR PLAN
SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES No relaxations/deviations or variances have been requested as part of this application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report.
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, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. No outdoor storage is permitted without an approved enclosure. 3. 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.
SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC 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
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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. This is a required final
step in the CUP process. The City will provide the document to record. B. Sections 38.19.110.I and 38.34.160 BMC describe 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. 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.
SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS None identified.
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SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS
Project: Safelite Auto Glass Auto Repair Business CUP
Application: 16342 The Development Review Committee (DRC) considered the CUP on April 5, 2017, at 10 a.m. The DRC found the application to be sufficient for review and made a motion to recommend approval of the CUP with the staff conditions. The City Commission will consider the proposal on May 1, 2017. The City Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 6 p.m.
SECTION 7 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy The property is zoned B-2, Community Commercial District, which has the intent “to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets.” The property is located in one of the implementing districts for the Community Commercial Mixed Use land use designation according to the adopted growth policy. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. Adjoining properties are commercial to the south and residential to the west. All ajoining properties are planned for community commercial uses.
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The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy. No conflicts between the proposed use and the growth policy have been identified. For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations The project, if approved, will conform to the Bozeman Municipal Code. There are no known documented violations of the BMC for this property.
3. Conformance with all other applicable laws, ordinances, and regulations Plans will be evaluated for consistency and against the requirements of the International Building Code (IBC) at the time a building permit application is submitted.
4. Relationship of site plan elements to conditions both on and off the property,
including: This CUP application conforms to the most recent COA for University Square Shopping Center which was approved in 2008. No material changes have been proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions As 90% of the repairs performed by Safelite Auto Glass are done offsite, impacts to traffic and parking within the University Square Shopping Center will not be significant. There are 12 parking spaces adjacent to the space proposed for lease by Safelite Auto Glass and additional shared parking is available within the greater parking lot. The use of S. 23rd Ave, a collector street, by Safelite vehicles and customers will have minimal impact on adjacent residential traffic due to the internal access drive serving the residences.
6. Pedestrian and vehicular ingress, egress and circulation Pedestrian accesses for the subject site are provided from the street frontage pedestrian sidewalk on S. 23rd Avenue and the storefront sidewalk within the University Square Shopping Center. There are several vehicular ingress and egress points for the shopping center including 2 within close proximity to the proposed lease space.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or
replacement of natural vegetation Landscaping improvements were not required due to the compatibility of this proposed use with prior approved uses.
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8. Open space This is a commercial site plan development. No residential development is proposed; therefore, no open space is required or proposed.
9. Building location and height No changes to the existing building height are proposed.
10. Setbacks No changes to the setbacks are proposed.
11. Lighting No exterior lighting is currently proposed or required.
12. Provisions for utilities, including efficient public services and facilities The application states that the large existing dumpster on the site is adequate for waste created during window repairs.
13. Site surface drainage No changes to the site surface drainage are proposed or required.
14. Loading and unloading areas No changes are proposed or required. The application states that windshields are delivered twice daily, generally between the hours of 10:00 – 3:00 pm, Monday – Saturday.
15. Grading No changes are proposed or required.
16. Signage No signage is proposed with this application. The applicant is aware of the requirement for a sign permit to be reviewed and approved by the City.
17. Screening Additional screening of rooftop mechanical equipment was approved with the 2008 COA for University Square Shopping Center. The proposed change in use does not require further improvements.
18. Overlay district provisions A portion of the subject property is located in a Class II Entryway Corridor Overlay District. The University Square Shopping Center most recently received approval in 2008 for a Certificate of Appropriateness (COA) to allow façade modifications and site
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improvements. The proposed CUP is consistent with approved COA criteria and is discussed further in Appendix B.
19. Other related matters, including relevant comment from affected parties No public comment was received with regard to this project as of the writing of this report. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members
20. If the development includes multiple lots that are interdependent for
circulation or other means of addressing requirement of this title, whether the
lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to
which the City is a party so that the sale of individual lots will not cause one or
more elements of the development to become nonconforming The University Square Shopping Center is located on one lot.
21. Compliance with Article 43 of Chapter 38 of the Bozeman Municipal Code Not applicable.
22. Phasing of development The interior remodel and installation of garage doors will commence upon approval of the CUP application. No other site improvements are proposed or required.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC E. In addition to the review criteria of Section 38.19.100, the review authority shall, in approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading
and landscaping are adequate to properly relate such use with the land and uses
in the vicinity; Staff finds the site adequate to accommodate the use by Safelite Auto Glass. Due to the nature of the business, providing mostly offsite window repair and replacement, impacts to the larger University Square Shopping Center and adjacent properties are likely to be minimal. Repairs that do occur onsite will be conducted indoors and the application states that noise will not generate outside the property.
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The University Square Shopping Center is a legal nonconforming property. The minimal changes required to accommodate the proposed use do not require a site plan modification. The interior remodel and installation of garage doors will be constructed in conformance to building code requirements. The site will provide safe access and adequate circulation. The University Square Shopping Center includes mixed uses in conformance with the underlying land use designation.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the
burden of proof; Staff finds the auto repair business will not have any material adverse effect upon the abutting properties with the recommended conditions of approval as identified in Section 3. With the Community Development recommended conditions of approval and required code provisions, the application complies with the Unified Development Code. Safelite Auto Glass operates 90% of its repairs offsite and when onsite, repairs will be indoors with handheld tools. There is adequate parking, pedestrian access, capacity for trash disposal and municipal service to serve the proposed use.
3. That any additional conditions stated in the approval are deemed
necessary to protect the public health, safety and general welfare. Such
conditions may include, but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
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l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the City in
an orderly and efficient manner. Staff finds the proposed use in conformance to these criteria. The application states that Safelite Auto Glass will operate between the hours of 8:00 a.m. and 5:00 p.m., Monday – Saturday. Staff does not find it necessary to impose additional time limitations specific to this particular property. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended Conditions of Approval and findings within this report.
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional
use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or
assigns, shall be binding upon the owner of the land, his successors or assigns,
shall be consented to in writing, and shall be recorded as such with the County
Clerk and Recorder's Office by the property owner prior to the issuance of any
building permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final
site plan process and will be required prior to approval of the final site plan. The necessary recording of documents must be addressed prior to occupancy of the tenant space. A document to be recorded will be provided by the City following preliminary approval. Code Provision A is cited in Section 4 of this report as relates to Conditional Use Permit approval.
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned B-2 (Community Business). The intent and purposes of the commercial zoning districts are to establish areas within the City that are primarily commercial in character and to set forth certain minimum standards for development within those areas.
Adopted Growth Policy Designation: The property is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan. Community Commercial
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Mixed Use has several elements with which this project complies due to the proposed site:
• Integration with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities;
• Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided; and
• Location on one or two quadrants of intersections of arterials and/or collectors.
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description: An application was submitted to the Department of Community Development on August 9, 2016 and was deemed acceptable for review after supplementary materials were submitted on March 15, 2017. The application requests a Conditional Use Permit to allow an auto repair business, as required in the B-2 zoning district. The proposed location is Unit 20 of the University Square Shopping Center which is addressed as 200 S. 23rd Avenue. The property is described as Lot 3A-2-1, Block 3, Kirk Subdivision No. 4, located in the Section 11, Township 2 South (T2S), Range 5 East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. The University Square Shopping Center, a legal non-conforming property, most recently received approval in 2008 for a Certificate of Appropriateness (COA) to allow façade modifications and site improvements. The CUP application describes an alteration to the rear façade of the building whereby three large storefront windows will be converted to overhead garage doors. As stated in the Bozeman Design Objectives Plan, “…the city recognizes that the potential viewpoint of a project may influence the degree to which specific guidelines may apply, particularly those that address the character of development as seen from a public way” and goes on to say that when exposure is limited along the commercial corridor “the guidelines addressing the character of the street edge may have less emphasis”. In this scenario, the windows will be replaced in an area that does not face a commercial corridor and is over 300 feet outside the entryway corridor. The minor alteration of the building necessitated by the CUP will have insignificant impact on the COA approval; therefore no modification is required (see further information in Appendix B). Safelite Auto Glass will occupy one unit within University Square Shopping Center. Parking is detailed in this report under Section 7, item 5. No deviations or variances are requested with this application. The conditions of approval must be signed and recorded and must be submitted to the Department of Community Development prior to occupancy of the tenant space.
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At its April 5, 2017 meeting, the Development Review Committee voted unanimously to recommend approval of the CUP application with the recommended conditions identified in this report.
APPENDIX C - NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on April 16 and April 23, 2017. Notice was posted on site on April 14, 2017. No public comment has been received for this application. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Property Owner: University Square Bozeman Shopping Center LLC, 211 N. Stadium Blvd Ste 201, Columbia, MO 65203-1161
Applicant: Jerry Frazier, Embree Construction Group, LLC, 4747 Williams Drive, Georgetown, TX 78633
Representative: Rich McHenry, Safelite Auto Glass, 1002 Main Street, Billings, MT 59105
Report By: Addi K. Jadin, Associate Planner
FISCAL EFFECTS No unusual fiscal effects have been identified.
ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials
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Site Plan
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THIS FLOORPLAN IS PROVIDED WITHOUT WARRANTY OF ANY KIND. NAI LANDMARK DISCLAIMS ANY WARRANTY
INCLUDING, WITHOUT LIMITATION, SATISFACTORY QUALITY OR ACCURACY OF DIMENSIONS.
Unit 20 Floor Plan
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Open Area
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Mechanical Room
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Restrooms/
Office
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From:Jerry Frazier
To:Addi Jadin
Cc:Eric Abernathy/USA; Katie Underwood (katie.underwood@cushwake.com)
Subject:RE: Safelite Auto Glass Conditional Use Permit - Application 16342
Date:Friday, March 17, 2017 10:06:34 AM
Hello Addi,
Paul Hunt is no longer with Safelite… I have copied Eric Abernathy and Katie Underwood, with
Cushman and Wakefield, who are now handling the account and this project.
Please include both with future correspondence on this project.
Thanks you!
Jerry Frazier, PMP | Design Manager
Embree Construction Group, Inc
4747 Williams Drive | Georgetown, TX 78633
Office: 512.819.4746 | Mobile: 512.630.9078
www.embreegroup.com | jfrazier@embreegroup.com
From: Addi Jadin [mailto:AJadin@BOZEMAN.NET]
Sent: Thursday, March 16, 2017 5:57 PM
To: Jerry Frazier <jfrazier@EmbreeGroup.com>
Subject: FW: Safelite Auto Glass Conditional Use Permit - Application 16342
Mr. Frazier,
The email I just sent was not delivered to Paul Hunt. Would you please see if you have a correct
email address for him or if you notice a typo in my attempt?
Thank you,
Addi Jadin | Associate Planner
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771
P: 406.582.2260 | E: ajadin@bozeman.net | W: www.bozeman.net
From: Mail Delivery System [mailto:MAILER-DAEMON@IronPort-Email.bozeman.net]
Sent: Thursday, March 16, 2017 4:55 PM
To: Addi Jadin
Subject: Undeliverable: Safelite Auto Glass Conditional Use Permit - Application 16342
Delivery has failed to these recipients or groups:
paul.hunt@safelite.com
A problem occurred during the delivery of this message to this e-mail address. Try sending this message
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