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HomeMy WebLinkAbout09-13-18 Protest - Multiple Homeowners - Maple Terrace Zone Map Amendment eive 9—13--1$ es HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION.. We the undersigned property owners protest the 2018 Application 18217 for the proposed Maple Terrace Subdivision Zone Map Amendment for lots 25 and 26 (hereafter,the proposed rezoning). We submit this protest in advance of the City Commission hearing scheduled for September 17, 2018. The City of Bozeman Zoning Commission held a hearing on Application 18217 on August 21,2018 and voted in its favor, 3-1. However,the Zoning Commission ignored facts and law that call for denial of the proposed rezoning. As discussed below,the proposed rezoning is futile because it conflicts with restrictive covenants that limit development of lots 25 and 26 to single family dwellings. No one disputes that the proposed rezoning would substantially worsen traffic and increase the number of accidents in that area. The proposed rezoning is inconsistent with Bozeman's growth plan. The proposed rezoning would also interfere with our rights as property owners by damaging our property values and by interfering with our enjoyment of the covenants. And last but not least,the proposed rezoning is illegal because it would result in nonuniform zoning that is also spot zoning. Lots 25 and 26 are exceptionally large rectangle shaped vacant lots—each lot is approximately one third of an acre—that front Durston, a busy street. Both lots are subject to duly recorded covenants that strictly limit their development to noncommercial residential single family dwellings. Exhibit A attached is a true and correct copy of the pertinent covenants. Lot 25 is adjacent to Lot 24. The City of Bozeman briefly owned lot 24 and rezoned it from R-1 to R-0 but the City failed to amend the covenants when it rezoned lot 24. Thus, lot 24's present R-0 development is in egregious violation of the covenants. 2 Except along N. 19th Avenue, the properties in the Maple Terrace Subdivision are limited by the aforementioned covenants to single family dwellings. We relied upon those covenants in buying our homes. Lots 25 and 26 allow the construction of single family homes well away from Durston, shielded by landscaping. See Affidavit of Anne MacKenzie (Exhibit B, attached). Lot I in the Maple Terrace Subdivision, on the corner of Durston and 17th, has a beautiful single family house that is set well back from Durston and shielded by landscaping. Although lots 25 and 26 could certainly be developed under the covenants—a point that Zoning Commissioners (Commissioners) made at the August 21 Zoning Commission hearing (the hearing)—the owners of lots 25 and 26 now seek to change their zoning,through a zoning map amendment, from R-1 to R-0 which would allow high density apartment buildings and office development in sharp contrast to the adjacent single family dwellings. We make the following points in support of our protest: 1. The Proposed Rezoning is Futile. Even if the City Commission approves the proposed rezoning, lots 25 and 26 cannot be developed under R-0 zoning because of the covenants. The owners of lots 25 and 26 bought those lots knowing that they were bound by the covenants. We will enforce the covenants so that lots 25 and 26 are limited to single family dwellings. It would be a senseless waste of taxpayers' money, and an abuse of its discretion, for the City to approve the proposed rezoning and to conduct future reviews because lots 25 and 26 cannot be developed beyond single family dwellings. 3 At the hearing, both City planning staff and Commissioners acknowledged that the covenants conflict with the proposed rezoning. City staff planner Addi Jadin(Jadin) stated however that lots 25 and 26 could be developed"consistent"with the covenants. Commissioner Julian Morris (Morris) asked whether the HOA (covenants)were inconsistent with R-0 zoning. Marry Mattson (Mattson), community development director,responded that"we did not create an obvious conflict"between the covenants and the proposed rezoning. Mattson stated that"the zoning district that's been requested will allow a property owner to build to current covenants" and that "in our mind we're not creating a zoned property that cannot be built on, which would be our main concern." Jadin stated that there is a"hierarchy of laws" and that"the more restrictive land use regulation would apply." By her reasoning, the proposed rezoning should be denied because the covenants are more restrictive than the requested R-0 zoning. Jadin added however that the City does not enforce private covenants. Whether the City enforces private covenants is beside the point and the City's argument that lots 25 and 26 can be developed"consistent" with R-0 zoning is misleading. The only way that lots 25 and 26 could be built under the controlling covenants "consistent"with R-0 zoning is if they are developed as noncommercial single family dwellings. Any higher density development of lots 25 and 26, whether it is commercial, residential, or both, is expressly foreclosed by the covenants. The City's position that the covenants are of no concern because lots 25 and 26 could be developed "consistent"with the covenants is nonsensical. If the owners of lots 25 and 26 were willing to develop them consistent with the covenants, then they tivould never have applied for the proposed rezoning. The applicants seek the proposed rezoning precisely because they do not 4 want lots 25 and 26 to be limited to what the covenants allow. To grant the proposed rezoning in the expectation that lots 25 and 26 will be developed consistent with the covenants would be an expensive exercise in futility. 2. The Zoning Criteria Under Section 76-2-304, MCA, Have Not Been Met. A. The Proposed Rezoning Will Substantially Worsen Traffic in a Heavily Congested Area and It Will Increase the Number of Accidents. At the hearing it was undisputed that allowing development of lots 25 and 26 under R-0 zoning would result in substantially increased traffic and accidents. Commissioner Chris Scott (Scott) voted against the proposed rezoning because the traffic and safety impacts have not been addressed. Scott said he has seen accidents in that immediate area. Commissioner Julian Morris (Morris) admitted that he too has seen accidents there. Scott said that there is heavy traffic on westbound Durston at N. 19tn Avenue and he is concerned that cars going eastbound on Durston from N. 19th would be unable to turn left into lots 25 and 26 because of the heavy westbound traffic. Scott also said that eastbound cars on Durston attempting that left turn into lots 25 and 26 would endanger westbound cyclists on Durston who use its existing bike lane. Attached as Exhibit C are traffic counts we have made documenting heavy traffic on westbound Durston at N. 19th Avenue during rush hour and photographs of traffic congestion. Jadin stated that the volume to capacity ratio for Durston at N. 19t'Avenue is approximately 79%but she declined to produce either traffic studies or traffic engineering assessments of that intersection's traffic capacity. Jadin instead appeared to report a volume to capacity ratio that was calculated for a 24 hour period(and an unspecified date)that is meaningless in evaluating impacts during peak or rush hour periods of time. 5 At the hearing Morris and Deputy Mayor Mehl (Mehl)both suggested that traffic impacts could be addressed later during a site review. Section 76-2-304, MCA, however, does not allow a postponement of the City's consideration of traffic and safety impacts. That statute states that zoning regulations must be designed to promote public health and safety. At the hearing, Scott and Morris both recognized that there would be more accidents as result of the proposed rezoning. Because rezoning lots 25 and 26 would make Durston more dangerous for drivers, passengers, and cyclists, the proposed rezoning is obviously not designed to promote public health and safety. Section 76-2-304, MCA, does not allow the City to ignore public health and safety impacts in deciding whether to approve the proposed rezoning. Moreover, because the proposed rezoning of lots 25 and 26 would indisputably generate increased traffic, including many significant attempted left turns into lots 25 and 26 by cars traveling eastbound on Durston from N. 19th Avenue, it will result in increased traffic congestion, noise and pollution. Those impacts would be aggravated by traffic from the nearby stadium proposed for 15th Avenue. As a result of the increased traffic congestion,the proposed rezoning will not"facilitate the adequate provision of transportation . . . ." Section 76-2-304, MCA. That statute does not allow the City to postpone evaluation of whether the proposed rezoning will facilitate the adequate provision of transportation. That determination, again, must be made when the City decides whether to approve the proposed rezoning. 6 B. R-0 Rezoning is Not Consistent With the City's Growth Plan. At the hearing Jadin contended that the proposed rezoning would be consistent with the City's growth plan that designates the surrounding area as "residential." Her argument falters because it gives "residential" an excessively broad meaning. Elephants,tigers, and rabbits are all mammals, but for people who live in proximity to wild mammals, it matters greatly whether their wild mammal neighbors are elephants,tigers, or rabbits. Similarly, for people who live next to adjoining properties, as is true of almost everyone in Bozeman, it matters greatly how their adjoining properties are zoned. In the zoning districts that the City has created under the sweeping category of"residential,"there is tremendous variation in their permitted densities and uses. To say that R-1 and R-0 zoning are "consistent" is only true if one flies over them at 40,000 feet. The City has a 2016 Land Use Inventory Report. On page fourteen of that report, the City has a 2016 Land Use Map that is attached here as Exhibit D. The area immediately north of Durston and east of N. 19th Avenue is shown in yellow. The Legend for the map states that yellow is "single-household residential." Single household residential is the prevailing use in that area. R-1 single family zoning is deeply inconsistent with R-0 zoning which allows apartment buildings,medical clinics, and office developments. At the hearing City representatives contended that 50% of floor space in R-0 districts must be "residential" and therefore that the "predominant"use is residential. Leaving aside the question whether 50% is "predominant,"this argument begs the question whether R-1 and R-0 zoning are substantially different from each other. They are substantially different from and inconsistent with each other. 7 C. The Proposed Rezoning Will Hurt the Rights of Property Owners by Lowering Their Property Values and by Interfering With the Covenants. The proposed rezoning will lower the property values of adjacent properties in the Maple Terrace Subdivision. See Exhibit B, attached(Anne Mackenzie Affidavit). The proposed rezoning will also interfere with the covenants that limit development in Maple Terrace to noncommercial single family dwellings. At the hearing the City stated that it has no obligation to enforce private covenants. The City is however obligated to respect our rights as private property owners. In the Maple Terrace Subdivision, our rights include our enjoyment and if necessary our enforcement of the covenants. If the City approves the proposed rezoning,then the City will gratuitously force us to enforce our covenants at significant expense. 3. The Proposed Rezoning is Illegal. The proposed rezoning of lots 25 and 26 would violate a Montana statute that requires uniform zoning in each zoning district, and it also is illegal as spot zoning. A. Rezoning Lots 25 and 26 from R-1 to R-0 Would Result in Nonuniform Zoning. Section 76-2-302, MCA, states Zoning districts (1) For the purposes of 76-2-301, the local city or town council or other legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection, construction,reconstruction, alteration, repair, or use of buildings, structures, or land. (2) All regulations must be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. Section 76-2-302, MCA(emphases added). 8 Lots 25 and 26 are located in an R-1 zoning district. The proposed rezoning would change lots 25 and 26 from R-1 to R-0 zoning. The resulting zoning for lots 25 and 26 would be substantially nonuniform from the rest of the R-1 zoning district. Section 76-2-302, MCA, prohibits nonuniform zoning. B. The Proposed Rezoningis s Illegal Spot Zoning. At the hearing, Jadin put up a chart that purportedly shows the requirements to establish illegal spot zoning under the Montana Supreme Court's Plain Grains decision. That chart misstates Montana law concerning spot zoning. As the Montana Supreme Court has repeatedly held,there is no single test, or group of factors, that can be used in all fact situations to determine whether spot zoning exists. Each unique set of facts must be considered anew in deciding whether there is spot zoning. However,the court has recognized that there are three general factors that should be considered: 1. The proposed use is significantly different from prevailing uses in the area. This factor involves consideration not only of the prevailing uses, which, as shown in the City's 2016 land use map, are single family dwellings, but also of the existing zoning, which is R-1. In paragraph 60 of the Plain Grains decision, the court stated that"a court may consider the existing zoning in addition to prevailing uses." At the hearing, Jadin suggested that the first factor is met because the use is "predominantly residential in character." Even if 50% of R-0 development may be residential, there is a vast difference between apartment buildings, which R-0 zoning would allow, and single family dwellings, which R-1 zoning allows. This first factor cannot be met because single family dwellings are substantially different from apartment buildings and office developments. 9 2. Only one or two landowners would benefit. In paragraph 63 of the Plain Grains decision,the court stated that this second factor involves consideration of whether the size of the land to be rezoned is "relatively small." Lots 25 and 26 comprise an extremely small area within Maple Terrace. In paragraph 64, the court in Plain Grains said that this second factor must be considered together with a third factor,with a "focus on the benefits of the proposed rezone to surrounding landowners, not the benefits-- financial or otherwise--that would accrue from the proposed development." At the hearing, Jadin misconstrued that requirement, stating that the zoning would be a "continuation" of existing zoning and that it would be "far lower than the intent of our zoning district." Both statements are incorrect. The surrounding zoning is R-1. We acknowledge that lot 24, an anomalous lot adjacent to lot 25, has R-0 zoning, but the covenants for lot 24 have not been amended. Lot 24 is in violation of the covenants. The City should not rely upon that glaring violation in assessing the impacts of the proposed rezoning. Moreover, with the exception of some lots on N. 19th Avenue, all of the surrounding properties north and east of lots 25 and 26 are single family residences. For the City to suggest that R-0 zoning for lots 25 and 26 would be "far lower"than the intent of the zoning district is to ignore that the express intent of the zoning district is R-1 or single family dwelling. 3. The Zoning Amendment is Special Legislation designed to Benefit Only One or Two Landowners at the Expense of Surrounding Landowners. In paragraph 64 of the Plain Grains decision, as previously noted, the court stated that in asking whether the zoning is special legislation,the "inquiry should focus on the benefits of the 10 proposed rezone to surrounding landowners, not the benefits—financial or otherwise that would accrue from the proposed development." The proposed rezoning is improper special legislation. It would benefit the owners of lots 25 and 26 but not the surrounding landowners whose lots are developed as single family dwellings and bound by the very same covenants that bind lots 25 and 26. At the hearing, Jadin stated that the rezoning would benefit the general public, but this third factor involves consideration of the impacts to neighboring landowners, not the alleged benefits to the general public. The proposed rezoning is illegal spot zoning. We have additional concerns about the proposed rezoning, including parking impacts in our neighborhood, drainage from new development, and obstructed light because of higher developments. For those reasons and for all the reasons stated above, we protest the proposed rezoning: it is futile and its approval would be an abuse of discretion; it would result in increased traffic congestion and accidents; it would damage our property rights; it would result in both nonuniform zoning and spot zoning; and, finally, it is inconsistent with the City's growth plan. 1 � HOMEOWNERS' PROTEST OFAPPLICATION 18217FOR ZONE MAP AMENDMENT OF LOTS 25AND 26►N MAPLE TERRACE SUBDIVISION Robert A. Locker, owner of real property at Lot 6 on Blackmore Place, Bozeman, MT 59715 '1 - '4 --- rdith S. Locker, owner of real property at lot 6 on Blackmore Place, Bozeman, MT 59715 The legal description of our real property at Lot 6 Blackmore Place is: MAPLE TERRACE SUB, S01,T02 S,R05 E, BLOCK A, LOT b i9-- HOMEOWNERS'PROTEST OFAPPLICATION 18217FOR ZONE MAP AMENDMENT OF LOTS25AND 26IN MAPLE TERRACE SUBDIVISION . Robert A. Locker, owner of real property at 1705 Durston Road, Bozeman, MT 59715 a dith S. Locker, owner of real property at 1705 Durston Road, Bozeman, MT 59715 The legal description of our real property at 1705 Durston Road is: MAPLE TERRACE SUB, S01,T02 S, R05 E, BLOCK A, LOT 1A 172 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Spencer Welch, owner of real property at 519 N 18th Avenue, Bozeman, MT 59715 al"-) Traci R Welch, owner of real property at 519 N 18th Avenue, Bozeman, MT 59715 The legal description of our real property at 519 N 18th Avenue is: GRAFS 1st REARR BLK 6, S12, T02 S, R05 E, BLOCK A, LOT 33, ACRES 0.162, KIRKS 2ND, PLAT F- 39 i HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Mark D Peterson, owner of real property at 6 17!ownnerof Bozeman, MT 59715 ene Dahl, real property at 621 N 17th Avenue, Bozeman, MT 59715 The legal description of our real property at 621 N 17t" Avenue is: MAPLE TERRACE SUB, S01,T02 S, R05 E. BLOCK A, LOT 1B; AMND i HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Robert J. Mackenzie, owner of real property 706 Blackmore Place, Bozeman, MT 59715 The legal description of my real property at 706 Blackmore Place is: MAPLE TERRACE SUB, S01, T02 S, R05 E, BLOCK A, LOT 5 I jv HOMEOWNERS' PROTEST OF APPLICATION 15217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION 4 Larry U . Houser Family Trust, owner of real property at 1702 W Durston Road , Bozeman, MT 59715 Janet L Houser Family Trust, owner of real property at 1702 W Durston Road , Bozeman, MT 59715 The legal description of our real property at 1702 W Durston Road is: GRAFS 3RD REARR BLK 6, S12, T02 S R05 E, BLOCK B. LOT 33, ACRES 0.179, KIRKS 2ND, PLAT H-3 ! 7 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Ruel E. Brown, owner of real property at 707 Blackmore Place, Bozeman, MT 59715 Sherry E. Br wn, owner of real property at 707 Blackmore Place, Bozeman, MT 59715 The legal description of our real property at 707 Blackmore Place is: Maple Terrace SUB, S01, T02 S, R05 E, BLOCK A, LOT 8 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION �per' WiIliam R. ®rysdale, owner of eal prty at 517 N 17th Avenue, Bozeman MT 59715 Tammy H. Dr s` ale, o ner of r property at 517 N 17thvenue, zeman, MT 59715 The legal description of our real property at 517 N 17th Avenue is: GRAFS 3RD REARR BLK 6, S12, T02 S, R05 E, BLOCK B, LOT 32, ACRES 0.202, KIRKS 2ND, PLAT H-3 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Mary®ell oyner, own of re I property at 705 Blackmore Place, Bozeman, MT 59715 The legal description of my real property at 705 Blackmore Place is: MAPLE TERRACE SUB, S01, T02S, R05 E, BLOCK A, LOT 7 D HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Barbara L Quanbec , owner of real pr perty at 808 Blackmore Place, Bozeman, MT 59715 Zz4 -r iz� r Maurice W Quanbeck, owa rof eal property at 808 Blackmore Place, Bozeman, MT 59715 The legal description of our real property at 808 Blackmore Place is: Maple Terrace SUB, S01, T02 S, R05 E, BLOCK A, LOT 2, PLAT F-24 -2.1 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION ®avid J Spady, owner real roperty at 1710 Terrace Ave, Bozeman MT 59715 Timothy ® S ady,owner of real property at 1710 Terrace Ave Bozeman, MT 59715 The legal description of our real property at 1710 Terrace Ave is: Maple Terrace SUB, 501, T02 S, R05 E, BLOCK A, LOT 4 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Mich I Gilpin, owner o real property at 514 N 18th Ave, Bozeman, MT 59715 The legal description of my real property at 514 N 18th Ave is: GRAFS IT REARR BLK 6, S12, T02 S, R05 E, BLOCK B LOT 3, ACRES .162, KIRKS 2ND, PLAT F-39 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Robert Monnin, owner of rea property at 711 Blackmore Place, Bozeman, MT 59715 Eli a eth Monnin, owner of real property at 711 Blackmore Place, Bozeman, MT 59715 The legal description of our real property at 711 Blackmore Place is: Maple Terrace SUB, S01, T02 S, R05 E, BLOCK A, LOT 9 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION X'" Ross Hartman, owner of real property at 1711 Terrace Ave, Bozeman, MT 59715 Teri L Hare n, owner of real property at 1711 Terrace Ave, Bozeman, MT 59715 The legal description of our real property at 1711 Terrace Ave is: Maple Terrace SUB, S01, T02 S, R05 E, BLOCK B, LOT 1 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION J r Shazo, owner of real property at 515 N 18th Ave, Bozeman, MT 59715 1 Elizab C Deshazo, owner of rea o�perty at 515 N 18th Ave, Bozeman, MT 59715 The legal description of our real property at 515 N 18th Ave is: GRAFS IT REARR BLK 6, S12, T02 S, R05 E, BLOCK A LOT 32, ACRES .162, KIRKS 2ND, PLAT F-39 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION Id r Jian Yi Liu, owner of real property at 809 Blackmore Place, Bozeman, MT 59715 The legal description of my real property at 809 Blackmore Place is: Maple Terrace SUB, S01, T02 S, R05 E, BLOCK A, Lot 1-4, AMND REARR TRS 9 & 13 HOMESITES SUB LOT 12 7 HOMEOWNERS' PROTEST OF APPLICATION 18217 FOR ZONE MAP AMENDMENT OF LOTS 25 AND 26 IN MAPLE TERRACE SUBDIVISION William J e ca , owner of real operty at 1706 Te race Ave, Bozeman, MT 59715 Sandra L Senecal, owner of real property at 1706 Terrace Avenue, Bozeman, MT 59715 The legal description of our real property at 1706 Terrace Avenue is: Maple Terrace SUB, S01, T02 S, R05 E, BLOCK A, LOT 3, PLAT F-24 EXHIBIT A t�`OYSH�I�nt3 F�� iIfti O�.PI�iC +� $TT"�5�1�IC�N ] No lot or building Plot in the Maple Terrace Subdivision shall be used except for strictlyresidential purPo-se$, and no bus- iness, trade or manufacture of any sort or nature aball be conducted thereon. No swine, goats, horses, or cows shall be permitted on the premises, nor shall any doge or other pets be raised or cared for on the premises on a commercial baaia. 2. Lots shall be improved only by the erection of a one-family dwellin3 house constructed of new materials and of masonry exterior, rr ^:ith the usual outbuilding, including a prive.te gara e de- to eth signed for not over t^ro automobiles, end excluding'an outside toilet- . 170 old buildinCs, whether intended for use in cahole or in part as the main :esidential structure or for use as a garage or other out- building, shnll be -moved upon the premises. 3. yo structure of a temporary character, trailer, basenont, i tent,'shack, garage, barn or other outbuildinC shall be used on any either temporarily or permanently, lot at any time as a residence, nor shall any residential structure be occupied for residential pur- poses until completely finished. A. Yo noxious or offensive activity shall be carried on upon any lot, nore shall anything be done thereon wiLich may be or may be- come an annoyance or nuisance to the neighborhood. Vacant lots shall be used for gardening, tennis courts, play- ground or other recreational facilities only, and shall be kept free of all rubbish and/or g^rbage at all times; provided, thzt other uses of vacant lots may be permitted by consent of the Director of i Public Safety with the continuing consent of the owners of 80 of the property dithiu 300 feet of the vacant lot or lots. ! Trash shell be provided for in a clean and sanitary condition in Coitainars totally screened in an attractive manner, or buried SO ae;to be out or sir-ht of adjaesnt propertie-s. 'Trailers or boats may be parked on private ^roperty provided they:are tot311,r screened in an attractive manner so as to be out of t sight of adj-cent pro?ertiea, or kept under cover in a' building that confo s to the residential arehiteeture. 5 1'6 dxellin stall be permitted on any lot w1lich has aground flow arealof1the main structure which is leas th.,,.n the miniram re- - cuir-snt o^ 1,000 scuave feet,_ exclunlve of porch=es, patios, and i attaollsd Ea r3-es. II Er o baildin� s:^.all be located on any building site with less . I than fee t ,from the front lot line and varyin0 ;in mole than 5 rOot j ineremonts rrom adjoining buildin^s. The -minimm side yard shall be } 8 feetibet. Ban vain buildin5 of iesidents, ard the lot line. The nini.•;r I distance betvoen' any buildin^ shall be 16 feet. The mininum- re..^r rd dap+th Yhab�'.ba.@b feet.".The miss-mum street side yard shall be 30; eat Prop btiildin_- to lot line. The yard distance for access- ory br-ldin-s!:shall be 8:fact. t 'i In�no�evert shall any buildin- site be less in size that the s1 :e of4tre oriEinally platted lots in the srme Block_ A stkn of land 20 feet in width lafin^ 10 fact on either a � ide the co'-Pion boundary line at the rear of the lots shall be i ! rosery d as a7permanent easement for the purpose of public utilities. );esemelts for!utilities alonF. other lot lines shall be reserved;as necessf ry to rrovide for lser:er and :rater lines. i j t ° rl�n inC, fenci n Thnt in the vasements strips above . i '9, I f • 1 t _ 21 i provided for, it is specifically understood that at no time will patios, barbecues, or other permanent structures be erected upon any easement strip at any time after the deelaration or tranting thereof. Further, other than 1a+Yns, no permanent trees, shrubs, :. hedges, vegetablos, floeers, or „ardena thereof, small be planted Y in any easement strip; hox:ever, annuals shall not be prhhibited t thereon. -Further, other than fenoin�* and utility installations i themselves, no other permanent construction of any kind shall be permitted in the said easement strip. Fencing of a permanent nature i shall be permitted subject, hov'ever, that it shall be of a type that is desiSnod.to be easily and quickly removable in the forms of panels 's gates or other similar units of construction; and fenceposts, or other supporting ncmbers, shall not be set in concrete or other r Permanent footings to the end that there can and shall be a method. i of access to the utilities throughout the said easement strips for the.purposes of installations naintenance, repairs, aleration.: and L removal as nay be required. INDEXED pLAT1ED State of Montana SS. F County of cpliattiin } { 4 p Fiiedl a / Recc in bcc!c of {;pi mY CLERK 6 IUMO k e OEPM Rt: Frank E. Hcrey - aimZ27fmE115 AI+13111)1.IEI1T TO TIC cov;;idAIM FOR TIE MAFLE TERRACE SUFDIVISIOII . W1 REAS the undersigned renresent 100 per cent of the lot .oemers . in said tlaple Terrace. Subdivision, gREpO tF, we do hereby Five notice to the public that said re- strictions are amended as felIO"1s: PARAGRAPH 2 shall be amended to read as follows: d;;elling Lots shall be improved only by the erection of a one-family house constructed of materials of good quality conforming with�the 1usual accepted good practices and of masonry ed for not over tyro auto- out buildings, including a private garage design-_ as, whether in es and excluding an outside toilet. - mainoresidentialstructure:of tended for use in whole or in p on remises. for use as garage or other out building, shall be moved up p PARAGRAPH 6 shall be amended to read as follows: No building shall be located on any building not erwiththan less5than-301 from front lot line to building line, and varying crements from adjoining buildings, except t hat all buildings facing 1fron to t Avenue or Durston Road shall be 401 or more drives shall be pre from tro vdg t eddoneachbuild lot line and on-site turn ar inr, site. The minimum side yard shall be f11 between main anybuildin builFdin s residents and the lot line. The indepthemdishallebe©251. The minimum shall be 161. The minimum rear y, street side yard shall be 3I from building to lot line. The Bard dist- ance for accessory buildin s shall be 81. PARAGRAPH 7 shall be amended to rend as follows: In no event shall any buildinr- site be less in size than the size of the orn lly Platted01 may lots In the divided into same blloel j•except Lot 1, Bloch A ffhieb i 170 tVO PARAGRAPH 10 shall be ass as follows: on all These covenants are to-run with the land and shall be binding; ears parties and all persons claiming under them for a period of thirty y from date of these covenants recorded, after which periodseofal0 id covenants saunless shall be automatically extended it rofuo nersvofp s has'—beenrecorded, an instrmnent signed by a Ijaj y afreeing to chance covenants in whole or in part. PARAGRAPH ll shall be a Ud as roceedin soat'la' or in equity against Enforcement shall be by p£ covenant eitherrtonr or persons estrain violation orto recover or idamagesiolate any FARAGRAPF. 12 shall be added as follecss: Invalidation of any one o these covenants by judonent is court order shall in no ti-:ise affect any of the other provisions elhich" shall remain in full force and offeet. `.I WITIE'SS rIIMREOF, wo have hereunto se our h uul this 2 day of :[,.I hiay _, 1965• az.c Fran'_ E. 110ey Herm na H. Hoey INDEXED ---- J PLATTED THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON THE OFFICE OF COUNTY RECORDER, 26 DAY OF __..._.._.Nlay.._____..._—...___., A.D. 19.-65., STATE OF MONTANA, �- AT_2:�� ^p. 1I. AND VIAS DULY RECORDED IN BOOK.-.__2_--.......... COUNTY OF GALLATIN. OF........ !fi—E IANEQUS___..._.__...._._REECCOR�RDDSS,�PPAGE__-I115--.•.___-- DEPUTY 1.00 Otf. ' n; Bozeman, 24ont, Rt: Frank E. Hoey; 1705 �1. Dursto 4 I �o�+n 22 91 A2IiID'^`.E1+T TO TIE COVENA14TS TOR TIE MAPLE TERaACE SUBDIVISION "'IEREAS' the undersigned represent 100 percent o" the lot ocmers In said manle Terrace Subdivision, TIERS?ORE, :ve do hereby Bive notice to the public that said re-, stricti.ons are smended as folloc:s: FARAuRAPR 6 sha11 be amended to rend as follows: site With less No builein^ shall be located on any bi:ildin; than 25' "rom front lot line to building line,, and var;;ind not Wore than 5' increments from a�joininr buildings, except that all bui.ld.in¢s facing loth Avenue or Durston Roc<d ^11 be 40t or more froh the bu ldi-n; to the front lot line and on-site turn around drives 'shall be rrovi.ded on each buildinE; site. The ninimum side yard shall be- 3' betacen :gain bu lding of residents and the lot line. The :;inirtnm distance betweenn= y buildi.n.. shall be 16t. The ;;in,1.-mxm rear yard depth shall be 201. The min .^sd ll sheet s', c 5 yard shall be "5' from building to lot line. Tile T for --^.cccssory httildin.,;s shall he. 83 . III NITNLSS i•I.yREPF, `''e hava ..^reunto act our hands this 4' t of August , 19;5. i yE r.n dory - � _ .-- y ertina Yf. Ir�r • S INDEXED PLATTED", . State of Mont.,County of Gallatin.as.Filed for record at August 4 1965 4.00 P• M.,and recorded In Book 22 of MISC. page 191- CARL L. STUCKY Recorder. By �2.00 Rt: 1705 W. Durston r S �► i9j 1165 AMENDMENT TO THE COVENANTS FOR THE MAPLE TERRACE SUBDIVIS1GN WHEREAS the undersigned represent a majority of lot owners in said Maple Terrace Subdivision, THEREFORE, we do hereby give notice to the public that said restrictions are amended as follows: PARAGRAPH I shall be amended to read as follows: No lot or building plot in the Maple Terrace Subdivision shall be used except for strictly residential purposes,and no business,trade or manufacture of any sort or nature shall be conducted thereon,except lots 15 through 23,Block A. They have been re-zoned from residential (R-2)to residen6alloffice(RIO). Viese lots will be pemitted to be developed and operated under the City of Bozernan's Zoning Regulations for RIO zoning. No swine, goats,horses,or cows shall be permitted on the premises,nor shall any dogs or other pets be raised or cared for on The premises on a commercial basis. PARAGRAPH 2 shall be.^.mended to read as follows: Lots shall be improved only by the erection of a one-family dwelling house constructed of materials of good quality conforming to generally accepted good practices and of masonry exterior,except on the exterior of all buildings constructed on lots 15 through 23, Block A. together with the usual out buildings,including a private garage designed for not over two automobiles,and excluding an outside toilet. No old buildings, whether intended for use in whole or in part as the main residential structure or for use as garage or other out building,shall be moved upon premises. PARAGRAPH 6 shall be amended to read as follows: No building shall be located on any building site with less than 25' from front lot line to building line,and varying not more than 5'increments from adjoining buildings.The minimum side yard shall be 8'between main building of residents and the lot line.The minimum distance between any buildings shall be 16'. The minimum rear yard depth shall be 29. The minimum street side yard shall be 25'from building to lot tine. The yard distance for accessory buildings shall be 8'. PARAGRAPH 13 shall be added as follows: It is required that as each lot(lots 15 through 23,Block A)is developed,if any gaps exist between the new structures(in the rear setback area),the developer(s)wilt be required to construct a fence(minimum 8'tall)between the gaps. The main purpose for the fencing is to create both a sound and visual barrier from the traffic noise originating from N. 191r'Avenue. PARAGRAPH 14 shall be added as follows; All future development of lots 15 through 23, Block A,will be required to meet both the City of Bozeman Zoning and Building Codes as well as the additional City Building Requirements of being located within the New Class U Entryway Corridor Area. 191',';�11f�Sfi We approve and accept the Amendments to Paragraphs 1,2,6 and the addition of' Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. Pmpenv Title HOW( SSona urt Date 131-L Lx /Qr Reeorti(plea e lxint) _A 5 SUBSCRIBED&SWORN before me a Notary Public on this ^ , 1998. ( Notary Public f. the Statc of Montana i Residing at: r)r)2 `(0141 �,, 11 �`1 7- Commission expiresvl__i 77-- i__2 J We approve and accept the Amendments to Paragraphs 1,2,6 and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. Pmmrty Description Tntc Holder Si¢naturc Date ntock lln f Rz.,d tplea,e print 1 -- A-_ _ �t�l�L, fit( (�yv --. t�t1•j Pvt'o 6 d �9U SUBSCRIBED&SWORN before tree a Notary Public on this i 8 day of 0" Notary Public for e Stato f Mo c 'Wit: Commission expires: liQop -------------------------------- We approve and accept the Amendments to Paragraphs 1,2,6 and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. PmNny Mwa jon Tittc[tokkr Slinalun, Ihtr Bhck tat Record(plea'Pont) 1 P SUBSCRIBED&SWORN before me a Notary Pub ie on this j_day of-_ �,T9�lJvl 1 F ,L-j . Notary Public for h2lstoto Mont c, Cr -*X j-Ret iclittg at: � `d �� •G Commission expires: l /�� ------- ------------------------ n '� We approve and accept the Amendments to Paragraphs 1,2,6 and the addition191=n of- Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision, Proncn DtScrirm- Title Holder Sienaturc (Yale BI«k IUt OtRa:«dtplcasrpnt) / (� Jb F-h SUBSCRIBED&SWORN before me a Notary Public on this ant�day of 1998. Noa Fr c Q- C Notary Pu tic for the State off Residing at: Commission expires: -------------------------------- We approve and accept the Amendments to Paragraphs 1,2,6 and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. Pmncav Dcsclidion Titk tiokk Signatune Date '.... nlnck Lon Of Record(please pdnf) J.N D, Jo h A5Ton1 -ram. , Qi{ _ �� .x 1i i'�_ �• ( _!f �- II SUBSCRIBED&SWORN before me a Notary Public on this day of \\ \ \ 1 h :t= Nota lie f r the State of Montana :d Residing a• C mmission expire. ------------ T� :Wie*rove and accept the Amendments to Paragraphs 1,2,6 and the addition of Paraeraotts 13& 14 of the Covenants for the Maple Terrace Subdivision. PEL,L"y Dcs—Vioa Titk Holder Sienagr i?�l Black Lot Of Res«d(please pnnt) SUBSCRIBED&SWORN before me a Notary Public on this day of� , l99$. 7There--w A.Duneanaon ! "'�" R`r PU ML M.M I NNESOTA RAMSEV COUNTY Notary Public for a Slate of Moflt>3na/�/�)�IH�ODMNIYI•,RYY JAN St. 2000 Residing at: Commission.expires: We approve and accept the Amendments to Paragraphs I,2,6 and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. Prlx1 ti Dcxeri wq Tithe Hokk si nature IYaa• 31 1-k 1191 1LRScML(pkau pnnl) ,r S1t A&SWORN before me a Notary Public on this I 'day of�u 1996. ,01 ' Notary 161ic for A Staje�M�tat �� � U9tlG..�r. Residineat: �s vice o 7p STATE OF NOR7HDAKOTA Commission expires: /If/.2fli?iNyCom isvonE*resAoM16.2W2 EEO .rc aPJtivvc a,tu dcwYt me tAu(cnumems to t-aragfapns 1,2,b and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. Provrnv Description Title Hot arnantrc Date Block of Of Record(Please print)n A A- ��� , �z-e� 44 !�L'3S SIX 'WORN before me a Nota Public on this�day of�. 199S. otary Public f r the State of tana Residing a C mis ion ex res:2/�1 We approve and accept the Amendments to Paragraphs 1,2,6 and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. P-Pert rkscn ion Tilt Haldn $galore Date Lik^wk Lot (`Of Record(ple>_ce print) SU$SCFlEX7 SWORN before me a Nota Public on this day of 19 . -r� r v - tary Public fo the tate of ntana �� f ti•: a-A eliding at: Commission expi .: -------------------------------- We approve and accept the Amendments to Paragraphs I,2.6 and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. Prowny[X ription Tide Hohkr signature Datc Black tn1 Of Record(please print) SVBSC� -&SWORN before me a Notary Public on this "?day of \lu.j'a 19 r'. /• Notary Public for the State of Montana Residingat: y3cu•+t�:� Commission expires: I/b l COL 1 -------------Leo-A�)---q--- �4 We approve and accept the Amendments to Paragraphs 1,2,6 and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. frgKrty tgctia(o,!a Titic Holder Ci¢namre We )31<Kk _yljkc,njlpkas s SUBSCRIBED&SWORN before me a Notary Public on this L day of 19�y `f^'���'�` a.�,. .....;,''?i��•. Notary Public for the of MengI t Residing at: Commission expires: / /t-2 ------ ------- "- -- c--`>�'_ - We approve and accept the Amendments to Paragraphs 1,2.6 and the addition of Paragraphs 13& 14 of the Covenants for the Maple Terrace Subdivision. Prows Descny ion Tidc HoWl SiRmturc Date Blixk lit Or Record IPkasc prin,I SUBSCRIBED&SWORN before me a Notary Public on this f 5 day of- e _• , 1998. Notary Publ for the State of Mo ha Residing at: �-- -��.tn) 1t.t s�ti'•:. Co m,ss on ezp'sres: a I ------------- "�"�X-� - - ---- PU17iCfl % 377690 St3ta of fifent.,County of 514fitin.Ss !•i!,!Id for mrord NOVEM13ER 10 r 19 98 at 4:30 P?A 2M rKofeea in Gmk 191 Of MISCELLANEOUS pagB1654 R8^ Deputy FEE: $54.00 PD RT: DAVID STEEL 2518 DAFFODIL BOZEMAN MT 59718 EXHIBIT B 1 BEFORE THE CITY OF BOZEMAN CITY COMMISSION 2 AFFIDAVIT OF ANNE 3 ) MACKENZIE CONCERNING PROPOSED MAPLE TERRACE 4 ) ZONE MAP AMENDMENT, APPLICATION 18217 5 ) 6 ) 8 1. Anne Mackenzie,being first duly sworn upon oath, deposes and states as follows. I have 9 personal knowledge of the facts and matters contained herein, and I am mentally 10 competent. 11 2. 1 have been a licensed realtor in Montana since 2006 and I have sold real estate in 12 Bozeman, Livingston, and Big Sky, Montana. I was a realtor with Berkshire Hathaway, 13 working out of the Bozeman office, for the past ten years. I now work as a realtor out of 14 Berkshire Hathaway's Livingston office. All of the opinions that I give in this affidavit are 15 my own and they are based upon my personal knowledge and professional experience as a 16 licensed real estate agent. 17 3. 1 am familiar with the Maple Terrace subdivision. 18 4. I am familiar with lots 25 and 26 in the Maple Terrace subdivision. Lots 25 and 26 are 19 each approximately one-third of an acre in size,which is large for a city lot in Bozeman. 20 5. I know of 37 active undeveloped lots for sale in Bozeman that are listed from $105,000 to 21 $175,000 and that vary in size. I have found five sold comps in the last eight months for 22 vacant lots that are similar in size to lots 25 and 26. The average asking price for the five 23 comp lots is $167,900.00. None of those lots are on as a busy of a street as Durston. 24 6. Lots 25 and 26 are not currently on the market. I have,however, found the expired listing 25 for lot 25. Its original listing date was May 9, 2017 and its original asking price was 26 $275,000. Its last asking price was $255,000, and its last listing date was May 9, 2018. 27 These prices for lot 25 are far above the average prices that I mentioned above both for 28 the five comp lots and for the 37 lots that are presently for sale. 7. Lots 25 and 26 could certainly be sold as residential lots if they were priced appropriately I and competitively for the market. It is true that lots 25 and 26 both front Durston, a busy 2 street. Lots 25 and 26,however, are rectangles with their narrow sides fronting Durston. 3 Because of their configuration,houses can be built upon them with substantial setbacks 4 from Durston and landscaping to help shield them from noise and traffic. 5 8. Lot IA of the Maple Terrace Subdivision is adjacent to Lot 26. Lot IA also fronts Durston 6 and it has a house on its back end so that it is shielded from Durston by vegetation and 7 distance. Lots 25 and 26 can be similarly developed. 8 9. If the zoning for lots 25 and 26 is changed from R-1 to R-0, then that rezoning will 9 certainly hurt the market value of the neighboring single family properties in the Maple 10 Terrace subdivision. Under R-0 zoning,lots 25 and 26 could have apartment buildings 11 and offices that would generate increased traffic and noise. 12 10. As an experienced realtor, I know that putting a high density development next to a 13 single family house will damage the market value of the single family house. 14 11. I am familiar with westbound Durston at N. 19"Avenue. During the school year,that 15 intersection approach is often gridlocked with cars that spill back as far as 15"'Avenue. 16 During peak rush hours, a driver traveling east on Durston from N.19th Avenue cannot 17 safely turn left into lots 25 and 26 because of heavy westbound Durston traffic. To reach 18 lots 25 and 26 safely, that driver would need to drive to 17"'Avenue , or more likely to 15`h 19 Avenue, and turn around and head west on Durston to reach lots 25 and 26. 20 12. Because R-0 zoning for lots 25 and 26 would allow commercial development of both 21 sites, people using those commercial developments would certainly try to turn left into 22 them from Durston. The result would be more accidents and congestion on Durston. 23 13. Further your affiant sayeth naught. 24 25 26 27 28 2 1 DATED this 1 day of September, 2018. 2 3 By: 4 Anne Mackenzie 5 6 7 SUBSCRIBED AND SWORN TO before me this 1 2— day of September, 2018. 8 9 10 Notary Public for the State of Montana 12 13 Printed Name of NotaryC� 14 (NOTARIAL SEAL) Residing at ��1��1 � `;7�, Y_VA t ` 15 My commission expires 16 DARRIAN WALKER .�' LPN W� 17 ePP 9 Notary Public for the State of Montana 18 Residij.SEAL. j,Q Livingston,nMontana 19 c9�0•. t�P` My Commission Expires: F Mo May 02, 2022 20 21 22 23 24 25 26 27 28 3 EXHIBIT C TIME LEFT STRAIGHT I RIGHT Durston toT j Durston to 19th III DURSTON 19th 8/28/2018 #cars cars # cars TOTAL 8071 21 3 2' 7 809' - 51 6'I 4 15 8121 3 1! 4 8141 4 51 9 --816 1 - 6 - 4j-- 11 818 2 161 3 21 -- - - 1----- --- 8201 11 15; 41 20 822 5 - -- 11 - -- - -- -- 18 _ 824 11 15 IL 17 826 - 2 -- 9 51 16 -- - 8281 -- -2 - 61 - ---- 3 - -11 830 2 5 1 8 832 4 61 - 10 834 1 51 3 9 836 1; 4 1 3 8 838 4; 4 21 10 840 r - _ 51 5 7 17 -842 6' 4 61 16 8441 1 j 3 1 5 8461 4 2 5 11 8481 4 4 5 j 13 850T 3 7 L 3 13 ------852r -_ - - 2 -- --- - 41- -- -- 3 i- -----9 854 2 51 2 1 9 856 31 -- ---- 4( 4 11 - - - - -858 1 6 2; 3'_ 860 1 2 9021 2 2 4 MINUTES 5511 711 1621 771 310 i TIME LEFT STRAIGHT RIGHT Durston to 1 Durston to 19th DURSTON 19th 8/28/2018 j #cars #cars 1 #cars TOTAL 44911 201 3 26 452 41 17 1 22 454 18' 4 22 4561 141 8 28 458 31 111 1 15 501 71 19 3 29 504 11 18 _ 7�-26 506 1 17 6 24 509� 1 17 6 24 - _ 511 5] 15 4 24 514 2 1� 4 - 24 517; 2� - - - -- 1711 5 24 520 21 17 4-- - -- 23 - -- 523 I 3 12 9 24 526 -- 21 16 5 j 23 _ - --- 529 1 16 6 23 5301 - - - 1 16 -- 5 - 22 533 41 22 5 31 5361 3 16 5 24 539T 5 10 13 28 5411 3 161 71 26 5431 21 19 --- 3) 24 546 51 16 9� 30 549 ��- 5 j 17 - 5 27 ---- - _ _ 551 71 17 4 28 5531 5' 10 5 20 MINUTES 641 831 4211 137 641 TIME LEFT STRAIGHT RIGHT Durston to i Durston to I 19th DURSTON 19th 8/30/20181 # cars I # cars #cars TOTAL 750 --- - j 41 11 5 752 2 - --- -- -- 21 8 - 754 4 8 6�- 18 756� 4 101 ll 15 7581, 3 41 2 9 800 4i 41 3 11 802 1 11 2 14 804 2 9 4 15 806, 6i 9 15 i 808 21 7i ---- 11 -- 10 8101 2 13 1 I 16 812 2 5 1 1 8 814 14 3 i 17 8161 1� 41 1 6 818 - 2' _- - 14 6 i 22 - 201 _ ----- J-- 131 3[ - 17 822 5 3 --- - 8 824 2 7 4; 13 826 3 - -- 41 12 -- - -- 8281 - -- 21 71 _ 2� 11 8301 - 5 832 j 211 1 i 1 4 ---- MINUTES 1 42' 441 1581 58 j 260 TIME LEFT j STRAIGHT RIGHT j - --- - I Durston to Durston to 19th DURSTON 19th 8/31/2018; #cars # cars # cars I TOTAL 4311 j 191 0i 19 433 2 21 6( 29 43511 -- - 51 --- --- 19 4 28 - 437i 2� 20 439 1i 191 7 27 4411 71 1 8 443; 2 - 10 6 -_- 18 4451 1 121 5; 18 447 41 151 3� 22 4491 --- -- -- 3 -- - 21 -- - 61 -30 4511 5 i 20 6 31 454 5' 181 51 28 457� 1 9 311 13 -- 502 2L 181 4! 24 505, 9 211 -_ 3 --33 --- MINUTES i 341 42 j 2491 65 I 356 Durston Road at 191h looking east, 08/31/2018 at 4:35 PM MST Durston Road at 191h looking east,08/31/2018 at 4:37 PM MST i:. i Y EXHIBIT D .f� G) CD0217 :0 _� n_ / ma a $ cr c m �_ 3 m 3 ' C.y a`c m a �C a Ol 2� bd � � 01 mcn CfDr- m ,' r n- 7 7• N mfDo: � a M0 � ro vm }.y`GOQCH+HILL RI).., F m : o. $. OW n WAD GoaAO I)AVOS.,LIN I)AVIS LN {fib q :Y , � ;. s 71TH aV> 4 y - r �' iC R - N''.7.TH AVI?, L' UN. AVE Rol sP ;1@'F ram, � WHIM,: AIY�ABESHUC NU t' lm; SNOW { ����. � ►' ' A oHI 2016 Land Use M2 p o •n °� 2 0 Z