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RtEZELESS (ARDFI(OR, - . -7 SYM TYPE INSTALL SIZE T REMP RK5 LU .. . aoo o . ! c ,: LIJ 12 ,' _ r at.DEN-,E�DER: 2 S G z a z. ;: Q �`y ..;- L I:' `4 - ------ ---- --- --- --- �' _; Lv I a. -c ae c 000, __.7. " k-, rp " a_ - :,(EGNNY.A[Z60RVITAE 3 -4 IS ryy 0 II ID ,, ::•. . LoT 4 , .. ):''. `-RADIAN.:: t_ a>G' :II -o o x ' _1 TOR DD G RA6 Z _4 - ------- -- ,.,__. .�u-�-.�-�.II ,oI J Wo ,.TRAGT- �p ..... f- ,_ - .:.. EXI5T4NC,' WACZENOIJSE r �AwN. , :• ®` _:;SLINIMIT,•,SEED_LES5 REEK ASH. 8-:10` 5 C ,,,, m *_ 0. _ d C : TAM. JUNIPER IS -Z4= 1 4'OT:FIGC f5UILDWq. ,. -,o -. . r - -- C,AR[sAGE of o Q LAWN � TESQUE OR K, CLUE GRASS AREA5.0o Ee O` ____ _ .- ---- - ---£ --- - _-, _ __ o:_.. .. , - 4. : - 7 „ GOLRADO..SP_ UGE : ¢_ ..7 r.,., E,'�ISTlN4 LIGHTS-�--- N - :.,. wI Mr TYv.aacsl LOADING DocK: , : ri O Q. m. �, _ I ' II I. ,.° t ' / .+. :r.. 1 3.0o�EL-,,_ z-,-- p -A E L I I T O O. N (LEMoVAI-P^2EA n -,:. •' ;` . k:'- . . SNow a 0 0 , P NCa.IS EX S ING L T 4 TRAGT to . 11 L NDSGAP NOTE A L LANDSGA . Go-o_, 1 -: LAWN n / to -F- d EL.O.00' "C32 EXISTING ASPHALT PAVING = V PA2KIN ' ' -o o G - / x. � _ 0' O -io :Y, I. A,' 3., to / N GR. EL. O.�. a . , ! -I _Q Q STORAGE Rt D4.3. 'GIZA NEW ASPNA-7 PAVING.; --EXISTING L�SPAA,L PAV1Nr� + -, O _ r. _, , , - ,- ZOx 102 �i.EL095 Z Z... ,: , ''',A. GR.EL.0.70.... _ / N _ , . / ,: LEGEND. • > is 4 PARKIN -S ALLS LAWN '... a (.) 4 T r" SYM. DESGRiP710N -_ � ASPHALT PAVLNq / Z j 9 0 / � -,- : - r ZO �.` -_ 21 3 4. -- : EXISTING..C,R1aDE':ELEVATION, • ✓� GRANGE _O:a' r-I q _.- ... �! 4 \ . ,o: 4., . a n -c.w,- ;._NEhF,;6URIED" GOLD;WATER SUPPL LINE , ' / 1 �. Y I (/. _ „ :. . - e \ TREEZELESS YARD NYPR. - O ' E Et-LE \ GR, EL.L9o -f_ \ G2, E�. Z.o5R SS' YARD I-IYDRANT• 1 --- - - • ' ' , . .,. _ - w v �: � • , �---� . DRAINAGE ,.DIRECTION . . , . , o n �z, �TO RAGE 13LnC. 4,: f31 D PE2MIT NO.70Z9 3 Z 15 x IZZ SroLZA E FbCD 0 G. .:Z _ Lao. a :. / :�4`{ .._. , ,>.. � I .,... ..:...Z'x 4'RS.GEDAP-TOP 2F5:IL : '. . FIN.LLR. El:l:fo �� 1 GRAVEL 3�o X {00 FRONT ArzD5ET5ACK _ , z,:_ c Y Q.. .., ...ISO_. .. °: i.. .'.'. � '- '�.�I 1. L:. C.', � _._ .. .. - -' , =o Z -Ie o _ ,. ,.,., :._,f. Fes--, - .;:.GR. EL:.Z:.O S• W�VV SPACE.E1 WEEN. ..": .> ...__: ,p > :ASPHALT PAV IIJQ ; -O S T .. . 0 a E- • : of .::: ....:, . . ... ` _, ,I I C ID ASPHALT PAVIn'4 -�j NTERMED4ATE 2x4- .:: I.. - N „ .:.. / r - -- RS Ceoln-2.RAIL__.' • + I I .. f.' . ZONE. . _ , / x o =� LOT Z LAWN .: 2'x4 Qs:CEDAR' 9 l3LD ..C OVE2AGE 1 ,. , . _ - STORAGE BLDG. 5 .3 G 3 GRAveL aoxtor aor:RralL. / TRAC .-�, ., I PA�IING COVER,A E 13% [„ _ - n ; 7. / Q a ,•.. 0 0 1 CJ?.VEL 2... Gl2E5 t - LIJ 4y 4 R5 GEOAtz PosT_SET ,_ LAN05CZ. PINC4 C\/._ -Z7 �p ' " ..,. O to ..2 ( , .'IN-GONG@1..3'-O•.D.C..MAX.. s _ N / 1 O ',.,.. ,r 0 - J - - U7 PAVING. / ...� O' :• �t-APPROX,LIH.4FRAOE- �; (NEW) _. , , -. :. N, -: O _ :O a :.. \ : : TREEZf-L,E6S: N O - _� ", : o : TRA51�_�NGt oSUFZE . , . : . . a YARD:N(t7r'pt1 ,, o _ u FENCE v::1o"DIA. _' 'N ' r,, wI ,. , ,. ,.. I „ - .:: ASPHALT :_. _: .:,.` -' .,', "'�. . - _� t.1GHTING NOTE`::: CbUfZ.�d).NIEIZGUR`( VAFOfZ W1TH rLE FRAGTOIZ, �: , k I,Q j i..-GR.EL. Z.3o rz.:EL.-Z.So GR E�. 3.30 , ,: :. i La bG O 5 S4a0 S 35 Ii G o / SEGUfL TY YARD 1.1 GI TS T L- ATf N WN 0 o r .. L 1t Q P D • Z4 ' EV..: 1`C�a" 0-a FI I - :. ,. -. o z.. I. :: _Po ES ;VJIT L1GH�;5-:AT P {Z X El. ..'' UQ e I k: _ r- to I LAWN.: t I J R.V. SToR GE 6L17G, I. N I D A, SGN �f G S ., C>oPt?E2 GOt.1DtJ1T U• , I I EDt�L.E gD P. RTAC>✓ :". t, F P f3UILDIN PERMIT No.7029. 50 30 �I� 4o x 3D12 - - ALL V�IEA NECL`60 ES ON POLES' LAMPS :1Zov, .l is W. - -1a ;,. z Gl- T X t•• , , - 9jh - e d • ' .,. 11N:TL, EL.Z 47_ I SIN. L.E�.- SIN,GLIZ. EL,3,4 q . ,. 20_ r .GtZ. EL, .'50 GR r 2 80 4R.EL. 3 , I r / 444.19" LAwN.` o - (., ,: 9 . t ,. , N. 89 I ZCo E. :,.., :. . f,.,, . 2. :. ;.,, o I { ., . BOOT HILL GoutzT to L EgNI,_ DESGR PTI N . , L-OT 4;.TRACT'(o. -LOT 2.:T AGT 7..0 ARDNER-_StMENTAL PLAZA �, , G - , R l .1. A TRAGT 0v. LAND LOCATED IN EAST Viz, O� SECTION 35 , Ti - S ,: : R-IsE, M 'R.R. C,ALI-ATI,I GoUNT , Y I . . :..'.. ..._::.:.:-,...J' :.. '.NORTH . _ :. _ _ : i" SITE FLAN LANDSGA7 NG b ,:. SG LE ,.' I = 30. A ;: POINTS bDTED PfllOfl TO THIS OflTE. HE OBSOLETE. . , , r...,. , . :. :: ., .. ...::.. :. . ,:" . , ' ITE:P,L N ..LANDSG PW r - _-_ A A G • ". ','.. ,.tr .tit_... S A , ::., �T'i= ¢ �. h : - "„ at���" .,.e..n.r t•A*o ••'�'.ag ^.1 .. ., ,ri'°„`� , f".. "' .-t... ., K::. a '... � 1`f [. - -.. F::. v ,. ..,y,:-. J, ..,4�.,.,.Th, ..r<;: - VStG i L'31 W ... mlFr, nit S.]1.. .. '. : , :,.. ....::. ...: ,"• h' .isa. ,,•! ..:••,ty .- ::BUILo1rJG SERVICES INC. - ; :: I ., ,.. .�: :c....da ,. 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I T f LM V4 PACE 242 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR EXTENSION OF CITY OF BOZEMAN WATER MAINS I, the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 4 of Track 6 and Lot 2 of Tract 7, Gardner Simmental Plaza Subdivision, located in the southeast one-quarter of Section 35, T1S,R5E, P.P.M., Gallatin County, Montana,being approximately 4.35 acres. IN CONSIDERATION,of receiving Sketch Plan Review approval from the City of Bozeman to construct a 50 ft. by 100 ft.metal storage building, along with the accompanying rights and privileges and for other valuable consideration,the receipt of which is hereby acknowledged, and in recognition of the impact to the City of Bozeman's municipal water system which will be caused by the development of the above-described property,have waived and do hereby for ourself, our heirs, executors, administrators,personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for the extension of City water mains to said area or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators,personal representatives, successors and assigns of the parties hereto. DATED this day of WAk 1997. FILM 174PACE 243 Waiver of Right-to-Protest Creation of S.I.D. Extension of City Water Mains Page Two of Two LAND OWNER Tom Reiner, for Lux Transfer& Storage STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this a f1A day of , 1997,before me, a Notary Pubic for the State of Montana,personally appeared Tom keiner for Lux Transfer& Storage known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Residin.. '� Commis §ion xpires: f 1' - a } IMDUED r J 345416 State of Mont., County of Gallatin. ss Filed for record June at 4J:3&&y and refaced in Recorder.7By _ Mf.iscellaneous w . Deputy . Fee : $12 . 00pd RT: Tom Reiner 1711 Willow Way Bozeman, MT 59715 J f 10 V4 PE 240 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK,AND DRAINAGE TO ORVILLE WAY I,the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 4 of Tract 6 and Lot 2 of Tract 7, Gardner Simmental Plaza Subdivision, located in the northeast one-quarter of Section 35, T1S,R5E, P.P.M.,Gallatin County, Montana,being approximately 4.35 acres. IN CONSIDERATION, of receiving Sketch Plan Review approval from the City of Bozeman to construct a 50 ft. by 100 ft. metal storage building, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to Orville Way which will be caused by the development of the above-described property,have waived and do hereby for ourself, our heirs, executors, administrators,personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to Orville Way to City street standards or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators,personal representatives, successors and assigns of the parties I hereto. DATED this day of , 1997. " * - FILM 174PACE 241 I Lux Transfer& Storage Waiver of Right-to-Protest Creation of S.I.D. Orville Way Page Two of Two LANDOWNER ZT;�✓1/�. Tom Reiner, for Lux Transfer& Storage STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this- day of , 1997,before me, a Notary Pubic for the State of Montana, personally appeared Tom Reiner for Lux Transfer& Storage,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Montana. Residing: Commission Expires: - ?- T 5 INDEXED J w 345415 '$ i`• fs' f State of Mont. County of Gallatin. ss Filed for record June 12 1 97 at 4 : 35 P M., and recorded in Book 174 of Miscellaneous page 240 . y hf. elte►►t9 Recorder. By Deputy Fee : $12 . 00pd RT : Tom Reiner 1711 Willow Way Bozeman, MT 59715 Y f j ( it iOvar i ..F rriwM i a t .HPC fo a UO• In�1tAi _ R E V I S i 0 N S . : MARK NO. DATE BY DESCRIPTION 1 7/26/96 DFA 80'WAS 100' .. 2 -; REMOVE RESTROOM 3 40'LG.CANOPY WAS 100'LG. 4 40'LG.DOCK WAS 100'LG. - - � 5 9/30/95 100'WAS 80' 6 ADD RESTROOM&DRIVER'S ROOM 7 25'LG.DOCK WAS 40' 8 27 LG.CANOPY WAS 40'LG. 9 1/6/97 GKA MOVE&ENLARGE DRIVER'S ROOM b.RESTROOM 10 » » ADD 3'X 6'8"DOOR IN RESTROOM / 1 1 ADD 3'X 7 M AN-D OOR 12 1 ADD 6'X 3'SLIDING WINDOW D " 13 2/24/97 GKA MOVE SLIDING WINDOW O . _ 14 MOVE WALL AND ENLARGE DRIVERS ROOM 15 ADD 5'4"WIDE BRICK VENEER \ j 16 4/11/97 DFA 9'CANOPY DIM.WAS 8' 17 26"DOCK HT.DIM.WAS 28" pp 18 25'HT.WAS 22' • 1 19 1 23'HT.DIM.WAS 19'-11" \ / G N R I NOTES- 1.THE FOLLOWING NOTES AND THIS DRAWING DEFINE THE DESIGN REQUIREMENTS AND MATERIAL STANDARDS z FOR THE DESIGN,FABRICATION AND ERECTION OF THE PRE-ENGINEERED BUILDING SYSTEM. BRACED BAY 2.THE FOLLOWING CODES AND STANDARDS CLATEST EDITION)SHALL APPLY TO THE EXTENT INDICATED HEREIN: Ln N AISC MANUAL OF STEEL CONSTRUCTION, ALLOWABLE STRESS DESIGN. AISI COLD-FORMED STEEL DESIGN MANUAL / \ AWS D 1.1 STRUCTURAL WELDING CODE / MRMM FS TT-P FEDERAL SPECIFICATION FOR PRIMER COATING. 664C MBMA METAL BUILDING SYSTEMS CODE OF STANDARD PRACTICE NOTE:DRIVER'S ROOM& UBC UNIFORM BUILDING CODE RESTROOM INSULATED R19 ,ALL AROUND3.THE OUILDING STRUCTURE FRAME TYPE SHALL BE A CLEAR-SPAN RIGID FRAME AS DIMENSIONED WITH TAPERED EXTERIOR WALL COLUMN SECTIONS DESIGNED IN ACCORDANCE WITH AISC TYPE 1 CONSTRUCTION. ® COLUMN BASES SHALL BE DESIGNED AS PIN CONNECTED. HOTWATER HEATER to LOC.UNDER DESK 4.PRE-ENGINEERED METAL BUILDING MFGR.,TO PROVIDE BUILDING COLUMN REACTIONS,CALCULATIONS, 6" PIPE BOLLARDS [STEEL SECTIONAL i D ANCHOR BOLT LAYOUT,SHOP/ERECTION DRAWINGS,DESIGN CERTIFICATION SIGNED STAMPED BY A ih TYP.(4)PLCS.REFER I OVERHEAD DOOR X TO DETAIL B/SHEET A 10'x 10'F.O. 13158 S.F. " ® � / I INSULATED \ LICENSED MONTANA STRUCTURAL ENGINEER. FRAMING FOR 10'x 10' 3'x 7' FUTURE DOORS CONTRACTOR TO BEAR COST FOR ENGINEERING REVIEW OF PRE-ENGINEERED METAL BUILDING REACTIONS AND ANY/ALL REQUIRED FOUNDATION DESIGN REVISIONS. 3 1/2"BRICK LEDGER o a � 3 1/2"BRICK LEDGER S.DESIGN LOADS CINCH ANCHORED TO i I �i c o 0 ® CINCH ANCHORED TO WALL W/BRICK VENEER 1 A SHIPPING DOCK -Q, a ® ® WALL W/BRICK VENEER ROOF LIVE LOAD:41 PSF WIND LOAD CUBC):70 MPH SEISMIC(USC): ZONE 3 EXPOSURE:C FASCADE /2 I " FASCADE 6.INSULATION:NONE IN BASIC BUILDING EXCEPT DRIVER'S ROOM&RESTROOM. CANOPY OVERHANG 41 I 7.DOORS:EXTERIOR PERSONNEL DOORS TYPE AS SHOWN ON ELEVATIONS, 1 3/4"THK.,20 GA.GALVANIZED 25'-0" 25'-0" 25'-0" 25'-0" : STEEL,FRAMES SHALL BE 16 GA.GALVANIZED WITH REINF,&MITERED CORNERS. HINGES: 1 1/2 PAIR,STEEL BALL BEARING CONFORMING TO ANSI A156.7 LOCKSETS:SCHLAGE D SERIES GRADE 1 HEAVY-DUTY CLYLINDERICAL LOCKSET,LEVER HANDLE. CLOSER:RACK&PINION,LATCH&SWEEP REGULATOR, CONFORM TO FED SPEC FF-H-121-C OFF-H-121D D.100'-0" : GLAZING:TEMPERED INSULATED FINISH PAINT:DOORS&FRAM ES SHALL INCLUDED FINISH PAINT COMPLYING WITH ASTM B 117&D2247 O O O 4 S B. ECTIONAL OVERHEAD DOORS:TO BE 2'STANDARD TRACK WITH ROPE PULL-DOWN,FULL WEATHERSTRIPPING. O O SUBSTITUTIONS TO BE PRE-APPROVED BY OWNER. 0 FLOOR PLAN 6 SCALE: 1/8"= 1'-0" J 0 e 6 A 12 D 24 GA.GALVALUMN STEEL STANDING LOC-SEAM ROOF 26 GA.PAINTED STEEL PANEL RIB SIDIN BRICK VENEER BRICK VENEER BRICK VENEER CANOPY N CV I N I I iIf 1 'st I I 100.0'FIN.FLR.EL. r----------- 4�.....����'2�''llTb`TI— � --t-t------------•1 c .� ,----------Tr-------------------•----------- r-----------t — — — t---------- —t I-----.-------� � ....... 97�-8"EXIST'GEL. 97-8"APRON EL. --=�yi U1L----ii------ --11----�JI C±-O----------------- C=_'7 C1_O �-- --r --� C--3 F C--3 C= F � � •; S/1 S/1 FRONT(SOUTH)SIDEWALL ELEVATION RIGHT(EAST)ENDWALL ELEVATION SCALE: 1 8" = 1'-0" SCALE: 1 8" 1'-0" DOOR & WINDOW SCHEDULE SM( M07TRL ®�$RQl1DHNG — N07 FOR CaNsirflucyouN Reviewed&Approved LOCATIONSIZE REMARKS REVISED 4/11/97 - OBSOLETE PRIOR PRINTS. For Zoning Compliance By City-Co 1 ing Office 1 3'X 7' MTL.DOOR COMPLETE WITH LOCKS&CLOSURES - Oat FLOOR PLRN R ELEURTIONS 2 3'X 7' MTL.DOOR COMPLETE WITH LOCKS&CLOSURES 3 10'X 10' STEEL SECTIONAL OVERHEAD WITH ROPE PULL PROJ.S9609 4 3'x 6'8" HOLLOW CORE FLUSH WOOD COMPL.WITH LOCK&CLOSUR 68" PRO EW WAREHOUSE FOR 5 3'X 6'8" HOLLOW CORE FLUSH WOOD COMPL.WITH PRIVACY KNOB SET&CLOSURE _may NENT �-- LUX STORAGE & TRANSFER 7 3'X 7' MTL.DOOR COMPLETE WITH LOCKS&CLOSURES PROJECTMANA 145 SIMMENTAL WAY G BUILDING ,GENERAL BUI D NG SERVICES INC. A I 6'X 3' THERMO-SEAL CLEAR SLIDER WALL SYSTEM BILLINGS,MT. PH.:652-8482 BOZEMAN,MT . CONTACT:TOM REINER PH.: _ DRAWN: �.» � DATE: 4/11/97 ZL ' r c�Z REVISIONS MAR N0. DATE I BY IDESCRIPTION 100'-0' 235'-0 N 89° 19' 26" E : LOT 4/TRACT 6 2.187 ACRES '.'3 ':'3 ti �3 �:':"3 ti ;'3 S S S FREEZELESS -------- -----------------o -- --------- --------------- ---------- - ------ -- �,.�. — ',4 YARD HYDRANT FREEZELESS - - - - - - - .------ _ y __O YARD HYDRANT `o -------- - ------------ -- -- ----- SINGLE TREE COURT PROPosED NEw a©oat ► � � �• tp©a. =' I TYPE OECONSTRIJCTION c WAREHOUSE, 2 OCCUPANCY TYPE OF CONST_ ALLOWABLE AREA BI D6.AREA Ln BUILDING i 5,000 S.F. WAREHOUSE II N 18,000 S.F. > S.000 S ES 0 EXISTING WARE H 11 �0 AND OFFICE BUILDING 1.- LAWN w - TOTAL AREA:5,000 S.F. .gas I Q IIIIIII) . N `n - 10'-0' g c In N 3 0 5.00'EL «- ^ ;1 N _ s� t T o 0 i u`3 1 LOADING DOCK �' - o I i Cn 3.00'L 22 CODE ANALYSIS BOZEMAN&UBC 94 EDITION LAWN " J. ............................ .................:......: a -'jyC 1 0. . IPAN.Y TYP IJSE DESCRIPTION I I;RO IP 3 EL.0.00' °D .� WAREHOUSE S-2 STORAGE OF NONCOMBUSTIBLE MATERIALS T o r i SR.EL.0.70' 1 o STORAGE BUILDING• III GRAVEL o 11111111 I -a EXISTING ASPHALT PAVIN , 0.95 un N GR.EL.0.70' ' 2 a All - 4 GRAVEL o ti•-4 I,' PLANT SCHEDULE FREEZELESS -� , YARD HYDRANT / GR.El.2.05' FREEZELESS SY TYPE INSTALL SIZE CITY. REMARKS e o o YARD HYDRANT 1 GOLDEN ELDER 2'-3' 6 LOT 2/TRACT 7 2 TECHNY ARBORVITAE 3'-4' 18 2 3 RADIANT OR DOLGO CRAB 6'-7' 13 STORAGE BUILDING• I STORAGE BLI •2 3 2.167 ACRES 4 SUMMIT SEEDLESS GREEN ASH 8'-10' S GRAVEL BLDG.PERMIT NO.702 -o Z I 5 TAM JUNIPER 1 B"-24" I f FIN.FL.EL. 1.67 I _b„ I I 2 ; I 6 LAWN E UE OR K.BLUE GRASS 10 o G EL. 1.50' 18'-0" IN.FL. -2.22 � Q 7 COLORADO SPRUCE 4'-6' 7 ASPH LT PAVING GR.' L.2.os <, In N ASPHALT PAVING 2 3' 1 ~ I ci LAWN I . / GRAVEL STORAGE BLDG.• .t, a (o GAVEL6 YARD tit'.•Z nY/ w 1 o to Ln N •u, ASPHALT PAVING 04 N o GRAVEL I LEGEND EXISTING GRADE ELEVATION 0 ASPHALT PAVING N : / 30'-0" 30'-0" ----C.W.---- BURIED COLD WATER SUPPLY GR.EL.2.30 / \ GR.EL 2.80 / SR.EL.3.30' `// b ? 100'-0" FREEZELESS YARD HYDRANT R.V.STORAGE BUILDING•1 (FRONT YARD SETBACK) ��'\ DRAINAGE DIRECTION j 0'-0" BLDG.PERMIT PO.7029 IfIIIINIIIIfII LAWN 20'-0" IN. EL.2.47 FIN.FL.EL 2.97 IN.FL.EL.3.4T GR.EL.2 SR.EL.2.80' GR.EL.3.30r LAWN . 444.19' . � 2 � - ZONE: M 1 1 . BUILDING COVERAGE: 3 PAVING COVERAGE: BOOT HILL COURT c LANDSCAPING COVERAGE: LEGALLn DESCRIPTION LOT 4 TRACT 6 AND LOT 2 TRACT 7 OF GARDNER-SIMENTAL PLAZA Q EAST F ON 35,T1-S, A TRACT OF LAND LOCATED IN THE T 1/2 0 SECTION R-5E,M.P.R.GALLATIN COUNTY. ., Reviewed&A SITE PLAN _ Approved SCALE: 1"=30'-0" For Zoning Compliance Dy� �� ty 7�g�� SITE P SI LAN - PROJECT: S9609 PROPOSED NEW WAREHOUSE FOR 1123 o MIS oR• GEnERnLBILLINGS MORT 3910 PH.41�6r652-84B22 LUX STORAGE & TRANSFER U CES, INC. DESIGN/ MaN+�CG.MLNT I CONSTK2uCTION -•• BUILDING SEB . : . 145 SIMMENTAL WAY BOZEMAN, MT. CONTACT: TOM REINER PH.: DRAwN: n. .X�A„ _ DATE:4111197 y �Z� BOZEMAN CITY-COUNTY PLANNING OFFICE CARNEGIE BUILDING - 35 NORTH BOZEMAN AVENUE MAR l 'i !`i" P. O. BOX 640, BOZEMAN, MT 59771-0640 TELEPHONE (406) 582-2360 FAX (406) 582-2363 CM' �`` "'a' :;.'..oefJ APPLICATION FOR REUSE, CHANGE IN USE, OR FURTHER DEVELOPMENT OF A SITE DEVELOPED PRIOR TO TIIE ADOPTION OF THE FEBRUARY 12, 1990 BOZEMAN ZONING ORDINANCE ----------------------------------------------------------------------------------------------------------------- Per Section l 8.52.070.C, Bozeman Zoning Ordinance, sites legally developed prior to the adoption of the February 12, 1990 Zoning Ordinance shall be considered to have developed under an approved plan. Proposals for reuse, change in use,or the further development of sites legally developed prior to that time may be approved by the Planning Director upon finding that no significant alteration of the previous use and site are proposed, and upon review by the Public Service Director to assure that adequate access and site surface drainage are provided. All such proposals must be clearly shown on a plan,drawn to scale, and submitted with this application. If it is determined that the proposed reuse, change in use, or further development of a site contains significant alterations to the previous use and/or site, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of the Ordinance. --------------------------------------------------------------------1------------------------------------------------ 1. Name ano address of property owner: �' O0 Phone: 51 :515)3 2. Name and address of applicant: b l 0 5 'it; v �w G6 tJ k L L"I KI hone: �1- 3. Address of property to be altered: � U P�1- �� _ O& V . 4. Current/Previous Use: 5. Proposed Use/Type of Business: 6. Is the proposed site within an Overlay District? If so,review by the Design Review Board may be required to determine whether resubmittal as a new application is necessary. . 7. Explanation olreuse, change in use r further development: 1 -391 DD �- v 7 'b . I hereby certify that the above information is true and correct to the best of my knowledge. Applica 's Signature Poo dvv�,L&R'v . 4- As owner of record of the above-described property, I hereby certify thAt I do not oppose the submittal of this application, and would not object to the proposed amendment/modification of said property as described herein. Property Owner's Signature APPLICATIONFOR REUSE, CHANGE IN USE, OR FURTHER DEVELOPMENT PAGE] The criteria for determining that no significant alteration of the previous use and site will result from the proposed reuse, change in use, or further development of a site shall include,but is not limited to the following: 1) The proposed use is allowed under the same zoning district use classification as the previous use. The replacement of a nonconforming use must comply with the provisions of Section 18.50.160F. 2) Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas,parking areas or impervious surfaces by more than 20%,nor add more than 20% in assessed value to the property. 3) Changes proposed for the site, singly or cumulatively, do not result in more than a 20% increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts. 4) The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. a -------------------------------------------------------------------------------------------------------------------- REVIEW AND CERTIFICATION BY THE DIRECTOR OF PUBLIC SERVICE Based on the information submitted with this application, and a revie her pertinent information, I hereby determine that adequate site surface drainage and access( ARE ARE NOT (circle one) provided on this site for the use proposed in this application. 79,4 Director of Pubis 4wce COMMENTS/CONDITIONS OFAPPROVAL:7 ec.-f" -�-p _ 50.-fiS 4 C-4i a-zt S REVIEW AND CERTIFICATION BY THE PLANNING DIRECTOR Based on the information submitted with this application, and a review of other FoinqaQriflonnation, I hereby determine that significant alteration of the previous use and site IS S NO circle one) proposed, and that the applicati C�P' DOES NOT COMPL circle one) with the review criteria listed above. I further find that review by the Design Review Board IS IS NOT (circle one) required. Planning Director COMMENTS/CONDITIONS OF APPROVAL: APPLICATION FOR REUSE, CHANGE IN USE, 0R FURTHER DEVELOPMENT PAGE 2 TRANSFER & STORAGE, INC. 145 Simmental Way Bozeman, Montana 59715 Phone: (406) 587-5153 FAX 406-587-0295 1-800-877-1091 June 9, 1997 RECEIVED BY J U N 1 0 1997 Dave Skeleton CtTy..CaL% rl y City of Bozeman 35 North Bozeman Bozeman, MT 59715 Re: Waivers of Right to Protest Dear Dave, It is my understanding that in order to proceed with our plans to build an additional warehouse, I am required to sign these waivers. With respect to Orville Way, I have no problem or concerns. I am in favor of that waiver. Unfortunately, the same is not true for the waiver pertaining to the water mains. I will sign those waivers because I must in order to conduct my business as necessary. That is the only reason. I would hope that you would reconsider and not ask for that waiver. If you can't do that,I understand, and as I said above, I will sign it anyway. Thank you in advance for your consideration. Sincerely, Tom Reiner President cc: File Mike Garrity Atlas Van Lines Agent World-Class Moving" J0 19 �� i RECEIVED OF NO Dollars FOR Shelley M. Cheney, Clerk 8c Recor er f Gallati County $ By: eputy BOZENON CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE IF3ECEIVE-D Y13Y City-Count P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363 MAY 13 199? MEMORANDUM CITY-C011U'%1TY --____ ---; --------------------------------------------- ANDY EPPLE, PLANNING DIRECTOR + PHILL FORBES,DIRECTOR OF PUBLIC SERVICE:' DAVE SKELTON, SENIOR PLANNER���— RE: APPLICATION FOR REUSE, CHANGE IN USE, OR FURTHER DEVELOPMENT--LUX TRANSFER & STORAGE 2400 ORVILLE WAY DATE: MAY 9, 1997. ----------------------------------------------------------------------------- Attached please find a set of blue prints containing a site plan and exterior elevations for the construction of a 50 ft.by 100 ft. metal building at the site of Lux Transfer& Storage located at 2400 Orville Way. The metal building will be leased out by Lux Transfer & Storage to accommodate the warehousing of dry goods by Frito Lay. There is no proposal for an office space area;however,the site plan does indicate that sanitary sewer service will be extended to the proposed structure.. This area is currently on private wells for domestic water service. The Planning Office has reviewed the four (4) criteria set forth for consideration of an Application For Reuse, Change In Use, or Further Development on said property, and as a result finds that the application would not contradict the criteria set,forth. However, upon review of the previous zoning applications for said property, Zoning Applications #Z-85003 and #Z-8923, the Planing Office has found no records of the applicant executing waivers of right-to-protest creations of S.I.D.'s for improvements to Orville Way or for the extension of municipal water mains in the area. As a result, the Planning Office recommends that said waivers be considered as a condition of approval for this application. If you have any questions,don't hesitate to contact me at the Planning Office. DS/dps Attachment: Application for Reuse, Change In Use, or Further Development cc: Tom Reiner Al WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK,AND DRAINAGE i TO ORVILLE WAY I, the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 4 of Tract 6 and Lot 2 of Tract 7, Gardner Simmental Plaza Subdivision, located in the northeast one-quarter of Section 35, TIS, R5E, P.P.M., Gallatin County, Montana,being approximately 4.35 acres. IN CONSIDERATION, of receiving Sketch Plan Review approval from the City of Bozeman to construct a 50 ft.by 100 ft. metal storage building, along with the accompanying rights and privileges and for other valuable consideration, the.receipt of which is hereby acknowledged, and in recognition of the impact to Orville Way which will be caused by the development of the above-described property,have waived and do hereby for ourself, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to Orville Way to City street standards or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators,personal representatives, successors and assigns of the parties hereto. DATED this IQ*Y\ day of 11997. 1> Lux Transfer & Storage Waiver of Right-to-Protest Creation of S.I.D. Orville Way Page Two of Two LANDOWNER Tom Reiner, for Lux Transfer& Storage STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this 1)ty\day of , 1997, before me, a Notary Pubic for the State of Montana, personally appeared Tom Reiner for Lux Transfer& Storage,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Montana. Residing:, � e Commission Expires: (Notarial Seal) c WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR EXTENSION OF CITY OF BOZEMAN WATER MAINS I, the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 4 of Track 6 and Lot 2 of Tract 7, Gardner Simmental Plaza Subdivision, located in the southeast one-quarter of Section 35, T1S,R5E, P.P.M., Gallatin County, Montana, being approximately 4.35 acres. IN CONSIDERATION, of receiving Sketch Plan Review approval from the City of Bozeman to construct a 50 ft. by 100 ft.metal storage building, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to the City of Bozeman's municipal water system which will be caused by the development of the above-described property,have waived and do hereby for ourself, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for the extension of City water mains to said area or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. i This waiver shall be a covenant running with the land and shall not expire at our death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators,personal representatives, successors and assigns of the parties hereto. DATED this day of , 1997. Waiver of Right-to-Protest Creation of S.I.D. Extension of City Water Mains I Page Two of Two LAND OWNER Tom Reiner, for Lux Transfer& Storage STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) i On this day of , 1997,before me, a Notary Pubic for the State of Montana,personally appeared Tom keiner for Lux Transfer& Storage known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Residin., ma '� Commission xpires: I 1 (Notarial Seal) WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK, AND DRAINAGE TO ORVILLE WAY I, the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 4 of Tract 6 and Lot 2 of Tract 7, Gardner Simmental Plaza Subdivision, located in the northeast one-quarter of Section 35, TIS, R5E, P.P.M., Gallatin County, Montana, being approximately 4.35 acres. IN CONSIDERATION, of receiving Sketch Plan Review approval from the City of Bozeman to construct a 50 ft.by 100 ft. metal storage building, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to Orville Way which will be caused by the development of the above-described property,have waived and do hereby for ourself, our heirs, executors, administrators,personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to Orville Way to City street standards or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators,personal representatives, successors and assigns of the parties hereto. DATED this day of , 1997. t; Lux Transfer& Storage Waiver of Right-to-Protest Creation of S.I.D. Orville Way Page Two of Two LANDOWNER Tom Reiner, for Lux Transfer & Storage STATE OF MONTANA :ss COUNTY OF GALLATIN ) On this 1�day of , 1.997,before me, a Notary Pubic for the State of Montana,personally appeared Tom Reiner for Lux Transfer& Storage, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Montana. Residing: P Commission Expires: - 7- (Notarial Seal) I WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR EXTENSION OF CITY OF BOZEMAN WATER MAINS I,the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 4 of Track 6 and Lot 2 of Tract 7, Gardner Simmental Plaza Subdivision, located in the southeast one-quarter of Section 35, TIS,R5E, P.P.M., Gallatin County, Montana, being approximately 4.35 acres. IN CONSIDERATION,of receiving Sketch Plan Review approval from the City of Bozeman to construct a 50 ft. by 100 ft. metal storage building, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to the City of Bozeman's municipal water system which will be caused by the development of the above-described property,have waived and do hereby for ourself, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for the extension of City water mains to said area or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators,personal representatives, successors and assigns of the parties hereto. DATED this day of , 1997. Waiver of Right-to-Protest Creation of S.I.D. Extension of City Water Mains Page Two of Two LAND OWNER Tom Reiner, for Lux Transfer& Storage STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) i On this day of , 1997,before me, a Notary Pubic for the State of Montana, personally appeared Tom keiner for Lux Transfer& Storage known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. I . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 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'�'. ,'::4a8,89 , V --Z5-a , 3,,. 3 4, PLANT SCHEDULE o v - b - _ , , � `a` PE I INSTALL`A7 T R M 1..�o, YM TY E ARCS - loo �+� ---- -- -- - - ,- tU .' r , - , lv 7, T .,_ ,:.I' <.' OLDEN:, LPE Z S: . ?_(' " C 4 E R C i �� Gk{ . . , 3 4` _ IS i _ a ; _, 0 TE NY.AIZLORVITAE. a- c0 _ _ _____T� - -- ' Q I. ^ ' 0 O , -c L 4 3 , , RADtatvT OR aL o .G 6 lw " . Z_ _ a x , G RA I� 4 _ _ t\: D »' . . , o W , -�_, ...,., ,_TR�;GT �r . _ o ,. ; �� ®:_;,__SUMM SEEf7LES5 GREEN aSN a I -, . : .' EXIbTING WARtU=b:,,; -LAWN .- _._-., _,-------- . -- Z Z.187 AG2E5 w 1 _0 ;, TAM .J NIPER I5' Z4 _ _ „�'; , : a 4 s;O�FIGG, f5UILDINq,„ - O d? _.- --- ------ AR - o: o I LAWN LESQUE`OR K, 5LUE:C1Rp.Ss 4 RAGE ,l , - ' - --,._- ---- ,_T p, �: A2EA 5.00 e-, r : a ------�..----- --, ` r _ - --- .- - F--- a. : (Z.° :GO�oRADO SPRUCE _.. 4 - 7 • , ..-' ExiSTING LIGHTS-x'- - , L_,. N :: , . ;%E,MT T",,a,;Ea LOADING.'VOC& N O _ r �, I I : / b.00-E�;. A E O : ,ALL. IN EXIST! ON OT AG Co ., FLEA �z-,. o �ANDSG P N TE LANDSGAP 4 IS. NG L d ,TR T ",' , oVAL A o 0 OW'QEM N _ ,, , 5 -� _ :goo--o._. LAWtS (1 a ' : C P T - 3 ' E . C3) EXfSTING . . , - - - .HA AV - '.. +. _ , AS-P LT P INC. -p PA2KaWq . .,- _ _ a 3 . o ,o i N In `- _. O„� I GR. Ei. 0.T ' O� . :4R,evEL ,':i NEW ASPHAI•TFAVIN .f;--- EXISYU'I ASPHALT' PAVIN o 6TORAGE I�f,DC4.3.1 G G G 20 OZ z - _Z. ", T -: GR.EL.0.7o LECENQ :. _.I d t; a PARKIN 5 ALLS I S Nk. DE 'GRFPTION :. : SP T PAVItJG _, Ya I 3.__ a: ---:':EXISTING RADE:EL.EVATIoN,I--1 �^- Q . . �: \ A¢P LIGHT :.. ,:.,d11 b 4. 1 �:.G�._..fl.. ATE - E . --1G W, ' : NEW tL)R t L W R SUPPL`( Ir 1N / a� / , 7. -. k o , of , , ,.. , _ REEZELebs YARD uYort. : . O �RE><Z:EL-ES5. YARD HYDRANT• 111 . U I O-- i : . , -. I a - -_ : DRAINAGE D REGTI N.. ,� �7. STORAGE f31.DC,, 4 O: oZ - 2 . I J� '�LDC1.:PE2MIT N 7 9 3 e.: r. . -. q o 0 0... . '- . 28x12L, SroRAciE aLoq, z v. ` ,:.... .. - :,-'Z z 4"2S GEDAIZ TOP..2AIL _ / IN.FL2. EL. 1. a CiRAVF_L: arc X 00 , . ) C�IZONT YARD SET 13AGK� d _ `�. :_ tit�. L.EL 2. 1 . E.,R•EL•1,50_. ,Z.ZZ -.;- .18_0 :.-.:... r:.. ::. : : I :l.x-4'Re GEOA2 PIGIGE,TE - / 0.. - c L" W �/2":SPACE.CSETWEEN, . . _ -_. -u, > .-.-: AsPUAI.•rPAVIN4 0 C,2.,E. 2...05 S / \ r ,, , o a 1- I 1 I - :: .: , , -: ,: __ . ,, - ]NTERME0I TE. x 4 , ... .:_, 10 /.aaPHALT_PAV\NG ....u- p� - , I N 25 CEOA22AIL,_. . ` 30 . o - ZONE ; M S. - e _ J' t,"t'4 2 42s GEo[aQ :, .. � s ZLD COVERAGE':.:`I I% „ ' .:. LOTI Z + "'9TORAGE:BLDG..S , _ .,. '.1-- .. X G• _ 3. RAVEL 30 X 101 .L/ s'.:, 3 G L, PASLING COVEQACIE"': 1 . TRAc ..7, - . .. . -7 a . q . :> 0 2.iCo7 G2E5 G 4w4RSGEOAcz POST'SET: LANDSGQPING GO\/.:--.-2.I /Q; :,-.. Y CtRAVGL- . ..-: -,,'.. -.__ ,t ., -iN. ONG,@. 'O.C'.MAx.. I : , ,, ::.0 tit', Z ,... r G 3 O V e I i :. '..' >. . . r .:. I 1:. ,.. : -' _.RAVINI .. /:. T, O >;. it-APPROX.LIK.. RAt7E.^.� ':... o _ ul `: NEW ,. , : _ [ {. l In - o ..: ., N .>.:; r - G E 2 p LR E, ELESS N :p NC O .N o - 2 'S L SU2E' O d / : :,. YARD H D WT a 1. ._. / Y �A N . . RAVE,L ,_ , O I=ENGE , IO. N >- � , ? , - - ZI t w,' ASPHALT . " -� _ is o / . ' , PAv.INo. LlGNT1NG NOTE,,..roUk (4)KERGUR VAPOZW1TH,RF_. ZAGTCK, - '' F> Y �, - � \ . - 1,. : EL. z. o ,� .,4R,,EL..2.80 ' :; arz. EL. 3.30 5EGUIZIT - ,ACZP«tj tkT!.. LOGATIONS_.SNOWN VSE 35' . I j, , GR / V , 1- Y Y Po�ES WIT1i' 1 S'AT L�PPfZOX' Z44 ELEV• ,6U _1E7 10=2 1,- . c� 1 I : o-L I GI IT 1. , 1 ANN.. V - r -, ,, R.V. STORAGE 6LVG. 1. GOPPaR CONDUIT U.7, IN I_ PIA 5G1111. -E~ 80 PY,G..`�uIZ AGE i 30 30, i , 1-1 3UiLOItJ4'PE2MIT NO.7029 , >,_: , p - _ Ao y 302 QLL WE,AT4�E6Z I30XES ON' POLES: I�PMP.S . 1ZOV. 1lS W, ' I ^ , : I id I . : �o �; _ z. ol� F lN.- L2.. L ..;, - - - ,. i. . -1 SIN:FL:EL._ ..4- SIN. �L.EL.'2:97 I G E ,3:4 p r':' J - . . - . , CR.EL;'Z.80 CGR.EL:3,30.;:. . 20 GR. EL, 2.30 1 CAW N - :, / .: - . , / 4 Q4.t9 r / . o - - E t\l. 89., 19 `2Ca E, - , . ' ;, L. - -- t I , L DEsc "IPTio G o EC,A R N fJOOT.HILL COURT - _. , LOT 4,:'TRAGT 4 LOT Z. TRACT 7«:Or GARDNER. SIMENTAL PLAZA ; ; ">, A TRACT 0Z LAND LOCATED IN EAST I�z O� SEGrIDN 35', Tl �;5, I r , : „ , -. ' Go -- , M,P R . GALLATIN UNT'I' I R SE - , I. '.NORTH µ. SITE PLAN ANDSGP;PING S GA Ufa I - -6a' , I • . FIL ,.. ,.PSI PBIDB TO THIS BRYU: 5r18160' BBE,OHSOLETE„ ''I . ,IRA , r ...:.. :r.. - ;S .,I. ::. ., NTS DHTEO - �•- E G 1 . . n&CO FDIVM3; * SIT P1_ N_ LANDS P NCt „LY APPR:OgSB A .. , - ... ..'. m.,:n„_.r .r rrv.....:rx.,.. m' Kai .TWh.?G'A,.4'S1T5' R.'L':L,RRg14rRPY'. T.,y^'�"' ''.:,�.�': IBOZ)rMdN CITY-( Tn.7 3'PLA2di4IN6 '. '- , : _ ,. . .: ." Y ,. r...,.' r t: :. r:, Y;' V. '- t L.. '.'Y!!'s"�.' <. P.o.00,x9) ,-. " ,,, ..,k.C"� r i 99U1] � , mig,. ✓f/�/"/'/7�J '.VI hnnM belnstalled AarboauPan¢Y '`, .,. a. r,. ma70eS0®:!.E+.16 �®®tY�� ®��� -.. [ mM,. ' ,. ' ., : r _ .. - ,..::, BUILDING SERVICES,i ,_ af.Mre-afruNuro .Nee method. , :. .. ., ,..: s*;V ,r V-1 r,.. , ]?LANP7IN6D ,.. .•..,�_, or ownermusfeu I o of w. „4,.b'.4+^ s,. �..CPOR ,,.. ,. RPY ,,;, ,.;' z..ad .w, _,. -;.�L1J ," :: sr::�:, . ...,. .,-_,. . . ._,. M J-.9, , .. -seeuri ¢ ual fo,l i the eNlmafed twf thn- " .. „ .as.� w Z fS .r .. ma. �. ,.. - 9. P -. .... l .,7 S. c., t ° ..11-- ..4 .i -a .. r. , 1. f .l" u . _ -.,... , ..ate.- '-L: ?.. .s. ,.... f_.? ....:.,, ._r - ,.x a { 4, , ts: 0 A 0 84, �, - # r. .. r ,s. -. t .ti., . /1� ,, hmerswxeSwrxrS+r awed -. ., ' � �.,� rw: �. , .a4.� �mr � nF° �rytpP _ _ r..,,.. -r x x , _ _. i i .. ...Nrw. , V ,..:' ,�.. ,. _. ._ d. ...:., - ....- , ,-i. ,.,.. .... .as.. c, w.v : w 4.• .. .. .. ,. ,... ,:. . ,':.. ...,.. . - , .. ', ..> .. .s ', - _ _ ..-. _ - .. _ _...,....._..a..trYx.a.......a�.uS".e,.aw:,..x r.e+t.,r.,.5+x°.�,.,�k.....,,�1�;�e�.7..A..e.,.._.X�z......,.t .__._,�E.�.#>_,,..«�.,-�. to„r..__ .A�.:.,,.+s�.............i-. ,_,..,._. . ,.,,._. ...ra f,..... .,,_._ .., .:.....1....-� �_. .>ti... �o-Ake, S BOZEIAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE RECEIVED BY City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406) 582-2363 MAY 13 1997 MEMORANDUM CITY-COLWTY -----—----__ ____ --_------------------------------------------------------------------------------ • ANDY EPPLE, PLANNING DIRECTOR PHILL FORBES,DIRECTOR OF PUBLIC SERVICE) FROM, J-P DAVE SKELTON, SENIOR PLANNER�� � RE: APPLICATION FOR REUSE, CHANGE IN USE, OR FURTHER DEVELOPMENT--LUX TRANSFER& STORAGE 2400 ORVILLE WAY DATE: MAY 9, 1997 -----------------___-------------------------------------------------------------------------------------------- Attached please find a set of blue prints containing a site plan and exterior elevations for the construction of a 50 ft.by 100 ft. metal building at the site of Lux Transfer& Storage located at 2400 Orville Way. The metal building will be leased out by Lux Transfer & Storage to accommodate'the warehousing of dry goods by Frito Lay. There is no proposal for an office space area;however,the site plan does indicate that sanitary sewer service will be extended to the proposed structure. This area is currently on private wells for domestic water service. The Planning Office has reviewed the four (4) criteria set forth for consideration of an Application For Reuse, Change In Use, or Further Development on said property, and as a result finds that the application would not contradict the criteria set forth. However, upon review of the previous zoning applications for said property, Zoning Applications #Z-85003 and #Z-8923, the Planing Office has found no records of the applicant executing waivers of right-to-protest creations of S.I.D.'s for improvements to Orville Way or for the extension of municipal water mains in the area. As a result, the Planning Office recommends that said waivers be considered as a condition of approval for this application. If you have any questions, don't hesitate to contact me at the Planning Office. DS/dps Attachment: Application for Reuse, Change In Use, or Further Development cc: Tom Reiner WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK,AND DRAINAGE TO ORVILLE WAY I, the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 4 of Tract 6 and Lot 2 of Tract 7, Gardner Simmental Plaza Subdivision, located in the northeast one-quarter of Section 35, T1S,R5E, P.P.M., Gallatin County, Montana,being approximately 4.35 acres. IN CONSIDERATION, of receiving Sketch Plan Review approval from the City of Bozeman to construct a 50#ft. by 100 ft. metal storage building, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby i acknowledged, and in recognition of the impact to Orville Way which will be caused by the development of the above-described property,have waived and do hereby for ourself, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to Orville Way to City street standards or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators,personal representatives, successors and assigns of the parties hereto. I I DATED this day of , 1997. I Lux Transfer& Storage Waiver of Right-to-Protest Creation of S.I.D. Orville Way Page Two of Two LANDOWNER Tom Reiner, for Lux Transfer& Storage STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of , 1997, before me, a Notary Pubic for the State of Montana, personally appeared Tom Reiner for Lux Transfer& Storage,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Montana. Residing: Commission Expires: (Notarial Seal) WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR EXTENSION OF CITY OF BOZEMAN WATER MAINS I, the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 4 of Track 6 and Lot 2 of Tract 7, Gardner Simmental Plaza Subdivision, located in the southeast one-quarter of Section 35, TIS,R5E, P.P.M., Gallatin County, Montana, being approximately 4.35 acres. IN CONSIDERATION, of receiving Sketch Plan Review approval from the City of Bozeman to construct a 50 Ay 100 ft.metal storage building, along with the accompanying rights and privileges and for other valuable consideration,the receipt of which is hereby I acknowledged, and in recognition of the impact to the City of Bozeman's municipal water system which will be caused by the development of the above-described property,have waived and do hereby for ourself, our heirs, executors, administrators,personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for the extension of City water mains to said area or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators,personal representatives, successors and assigns of the parties hereto. DATED this day of , 1997. Waiver of Right-to-Protest Creation of S.I.D. Extension of City Water Mains Page Two of Two LAND OWNER Tom Reiner, for Lux Transfer& Storage STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of ' , 1997, before me, a Notary Pubic for the State of Montana, personally appeared Tom Reiner for Lux Transfer& Storage known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Residing: Commission Expires: (Notarial Seal) BOZEMAP , Melvin Howe CITY-COUNTY 1204 Cherry Dr. Bozeman, MT. 59715 PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 MEMORANDUM TO: BOZEMAN ZONING COMMISSION FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE RE: IN-HOUSE SUMMARY REVIEW AND APPROVAL - LUX STORAGE AND TRANSFER PLANNED UNIT DEVELOPMENT DATE: JULY 24, 1989 Attached please find the submitted site plan and staff report for application of a Major Planned Unit Development modification by Tom and Cecelia Reiner of Lux Transfer and Storage. The applicants have requested that the Planning Director approve modification of the Lux Transfer and Storage P.U. D. previously approved in April 1985. As a result, the Planning .Director has granted approval of the request by requiring the applicants to receive a Conditional Use Permit per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 provides, the Planning Director in-house summary review and approval for minor planned unit developments, but also gives the Bozeman Zoning Commission the authority to require a public hearing on the application. A. copy of the staff report and final development plans are sent to each member of the Zoning Commission. A majority of the Commission can request, within three days, that the proposed P.U. D. be reviewed at a public hearing. The Planning Office respectfully requests that each member of the Bozeman Zoning Commission review the submittal and staff report, . and contact this office by no later than 5 :00 P.M. , Thursday, July 27 , 1989 . Thank you for your assistance with this review. DS/dps Attachments BOZEMAN ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-8923 -- AN APPLICATION FOR A MINOR MODIFICATION TO A PLANNED UNIT DEVELOPMENT FOR ADDITIONAL MINI-WAREHOUSES AND EXPANSION OF AN' EXISTING STORAGE/TRANSFER BUILDING APPLICANT: TOM AND CECELIA REINER 2400 NORTH 19TH AVENUE BOZEMAN, MT. DATE: JULY 10, 1989 REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description: The property in question is described as Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza, located in the East 1/2 of Section 35 , T1S, R5E, M. P.M. , Gallatin County, Montana. It is more commonly described as 2400 North 19th Avenue and is just north of United Parcel Service. Please refer to the location map below. it 0,21 I'. I• + - ^Jp. 7jjy7f'c t o I �. I' t lj.''. µ"• . Baxter! La' e I ' t The property is approximately 4.35 acres in size, and is currently zoned "M-1 " (Commercial-Light Manufacturing District) . The "M-1 " Zoning District allows the entire lot to be occupied by the principal and accessory buildings, exclusive of required yards and parking. The surrounding land uses are: North: Vacant land zoned "M-1 " , Commercial-Light Manufacturing District. South: Developed land zoned "M-1 " , Commercial-Light Manufacturing District. East: Vacant land, zoned "AS" , Agriculture-Suburban District , West: Vacant land, zoned "M-1 " , Commercial-Light Manufacturing District, and "AS" , Agriculture-Suburban District. Proposal : The applicant is proposing to construct a 30 ft. x 101 ft. structure for the purposes of accommodating mini-warehouse rental units, and constructing' a 25 ft. x 70' ft. addition to the existing Lux Storage and Transfer building. The proposed mini-warehouse structure would 'be the fifth building to be constructed on the site for use as rental storage units. The Lux Storage and Transfer building addition is for expansion purposes to continue current operations of the commercial business. A Conditional Use Permit was granted the applicants in January 1985 I as a Minor Planned Unit Development to construct the existing Lux Storage and Transfer building and the first mini-warehouse I structure (Building #1 ) . In April 1985, the applicants received a Conditional Use Permit for a Major Planned Unit Development to construct the next three mini-warehouse structures (Building #2, #3 and W . The applicant has requested modification of the Planned Unit Development through application of a Conditional Use Permit for a Minor P.U. D. per Section 18. 54.300 of the Bozeman Zone Code. Section 18. 54. 300 allows for in-house summary review and approval by the Planning Director. Copies of the Staff Report, with the Staff' s recommendation are sent to each member of the Zoning Commission. A majority of the Commission , may within three days, request that the minor P.U.D. be reviewed at a public hearing. Thus, is the purpose of this Staff Report. 2 Staff Findings: Mini-warehouses serving as storage rental units are listed as a permitted use in the "M-1 " District. Approval of a Minor Planned Unit Development shall be obtained through Conditional Use Permit procedures as specified in Chapter 18. 52. Section 18.52. 101 ( B) of the Zone Code establishes six criteria which must be considered in the review of applications for Conditional Use Permits. The Staff has reviewed these criteria as they relate to the applicant' s proposal and, as a result provide the following comments: ( 1 ) The proposed use meets all submittal requirements as contained in Section 18. 52. 120. The application generally complies with the submittal require- ments. ( 2 ) The proposed use will not, particularly because of conditions imposed, .be detrimental to the public health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. Access to the property in question will continue to occur from the existing paved approach off of North 19th Avenue. Ten off-street parking spaces are required with the Conditional Use Permit granted in April , 1985. However, paving for only three off-street parking stalls has been provided. Adequate wheelstops and striping for the remaining seven parking stalls have not been provided. Granting of the Conditional Use Permit in April , 1985, also required pavement of interior driveways between the mini warehouse structures. Those improvements have not been installed. (3 ) The proposed use will comply with the regulations and standards specified in the Bozeman Zoning Code, codified in this title, for such uses. Pedestrian sidewalks are not been provided in the applicant' s submittal . Sidewalks have not been required of similar commercial development in the area. The Final Site Plan approved by the Bozeman Planning Director indicates screening of the garbage refuse area with a six-foot high cedar fence. This has not been provided. (4) The granting of the Conditional Use Permit will be in compliance with the Bozeman Area Master Plan, and the require- ments as set forth in this chapter.. 3 The Land Use Plan of the Bozeman Area Master Plan currently designates the property in question to develop as Light Industry. The parcel is presently zoned "M-1 " (Commercial- Light Manufacturing District) . As permitted uses in the "M-1 " District, the request to construct a 30-foot x 101-foot mini-warehouse structure and expand an existing transfer and storage business would be in compliance with the Bozeman Area Master Plan. (5) The proposed use conforms to the standards of this chapter including, but not limited to, density, lot coverage, yards and height limitations as set forth in this chapter, unless otherwise provided for in this code. The applicant' s proposal complies with the maximum lot coverage, minimum yard requirements, and height limitations established in the Zoning Code. (6 ) The proposed use has been duly noticed, a public hearing held in accordance with Section 18. 52 .020, and the public has been given sufficient opportunity to be heard upon the matter. Per Section 18.54. 300 (Minor Planned Unit Development - Summary Review And Approval Procedures) of the Zone Code, the Planning Department shall review the final development plans showing all modifications of the Conditional Use Permit. Upon recommendation of approval by the Planning Staff, a copy of the staff report and final development plan will be sent to each member of the Zoning Commission. A majority. of the Commission can request, within three days, that the proposed modification to the Planned Unit Development be reviewed at a public hearing. Conclusion: The Planning Staff has reviewed the application for modification of a Planned Unit Development by Tom and Cecelia Reiner, and has found that it would be in compliance with the Bozeman Area Subdivision Regulations and Bozeman Zone Code. As a result, the Staff recommends conditional approval of the application with the following attached conditions: 1 . That the applicants comply with the conditions of Zoning Application #Z-85003 regarding asphalt pavement, off-street parking areas , wheelstops, stripping and enclosed refuse area; 2 . That all on-site improvements required by Zoning Application #Z-85003 be installed, or a method of security equal to one and- one-half times the amount of the cost of improvements not installed be 'submitted to the Planning Office, prior to approval of the modified Final Site Plan; 4 3 . If on-site improvements are not installed prior to Final Site Plan approval , the applicants shall enter into a improvements agreement with the City of Bozeman. Detailed cost estimates, construction plans, and method of security shall be made part of that Agreement; 4. That three copies of the modified Final Site Plan containing all the conditions, corrections, and modifications be submitted for review and approval by the Planning Director. A Final Site Plan must be approved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by .the . Building Department, and one signed copy shall be retained by the applicant. 5 0 I Interwest BANK OF MONTANA July 27 , 1989 IRREVOCABLE LETTER OF CREDIT #2Q This letter expires January 27 , 1991 ISSUED TO : City of Bozeman P . O . Box Bozeman , Montana 59771 We , the InterWest Bank of Montana in Bozeman , hereby establish our Irrevocable Letter of credit # 2Q in your favor for the account of Tom & Cecelia Reiner , in the amount of $27 ,460 . 00 The purpose of this Letter of Credit is to guarantee the construction an.d installment of paving , curbing, and landscaping on Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza , located in the East 1 /2 of Section 35 , T1S , RSE , M. P . M. , Gallatin County , . Montana , according to the Improvements Agreement dated July .27 , 19.89 , between Tom & Cecelia Reiner and the City of Bozeman.: This Letter of Cred.it is expressly written to provide financial security for the account of Tom & Cecelia Reiner. Funds are available upon your draft or demand for payment addressed to the InterWest Bank of Montana , Bozeman , accompanied by documents and in accordance with the conditions specified below : 1 . Written demand for payment by City ; 2 . Draft ( s ) drawn under this Letter of Credit must have the clause " InterWest Bank of Montana in Bozeman Letter of Credit #2Q , dated July 27 , 1989 " ; 3 . One copy of executed Contract ( s ) between the City and contractor (s ) or engineer (s ) or 'a materials or equipment order signed by the City for the completion of the improvements specified in the Improvements Agreement ; 4 . One copy of invoice or billing from contrac.tor , i engineer , or supplier signed and dated by same ; Box 1926 • 1632 West Main • Bozeman,MT 59771-1926 • (406)587-1231 � s Letter of Credit #2Q July 27 , 1989 Page 2 5 : Progress payments are permitted unde.r this Letter of Credit ; 6 . All parties understand that the face amount of this Letter of Credit can be decreased in accordance with the terms and conditions .listed in Exhibits "A" and "B" , attached hereto and made a part hereof . We hereby agree that draft (s ) .drawn under and in accordance with the terms of this credit will be duly honored as specified , if presented at InterWest Bank of. Montana , , Bozeman , Montana , on or befo.re January 27 , 1991 . Except as otherwise expressly stated , this Letter of Credit is subject to the Uniform Customs and P.ractices . for Documentary Credit ( 1974 Rev . ) International Chamber of Commerce Brochure 290 , and any subsequent revisions thereto . Sincerely , Sandy aylor Vice President/Cashier ST/mr Alp"" C. Interlocal Agreement Desi as Zoning Commission as p ITEM 4. NEW BUSINESS A . Need To Change Meeting Day B. TAC/PCC Activities (Status C . Adoption of Title VI Comp; (MDOH Requirement) D . New Membership E. Election of Officers ITEM 5. ADJOURNMENT i "EXHIBIT B" �y ESTIMATED COST FOR IMPROVEMENTS ..r ----------------------- --------------------------------------------------------------------- DATE : 24 July, 1989 PROJECT: Lux Transfer and Storage, 2400 N. 19th Ave. DEVELOPER: Tom and Cecelia Reiner ------------------------------------------------------------------------------------------------- Item Sq.Ft . /Ln . Ft . Contractor Est , Cost Paving: • Asphalt 45, 115 sq. ft. Big Sky Paving $ 22, 557. 50 Concrete N/A Sidewalks : N/A . t Curbing: N/A Landscape : N/A Landscape Protection : 10 wheelstops $ 250. 00 Garbage Enclosure : (1) �$ 500. 00 Exterior Lighting : N/A Water Improvements : N/A Sewer Improvements : N/A Street Improvements : N/A Approved By City Engineering Office : Date : - - IMPROVEMENTS AGREEMENT FOR LUX STORAGE AND TRANSFER This AGREEMENT is made and entered into this 28th day of July 1989 , by and between Tom and Cecelia Reiner, hereinafter called the "Developer" , and the City of Bozeman, a municipal corporation of the State of Montana, hereinafter called the "City" . WHEREAS, it is the intent and purposes of the Developer to meet the conditions of approval for the Conditional Use Permit allowing modification of a Major Planned Unit Development on the property in question; WHEREAS, it is the intent and purposes of the Developer to obtain Final Site Plan Approval ; WHEREAS, it is the intent and purposes of both the Developer and the City to hereby enter into an Agreement which wi11 guarantee the full and satisfactory completion of the required improvements on the property hereinafter described ; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee require� e;nts for the Final Site Plan approval of said Conditional Use Permit; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1 . Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being Lot 4 of Tract 6 , and . Lot 2 of Tract 7 of Gardner-Simmental Plaza, located in the East 1/2 of Section 35 , T1S, R5E, M. P.M. , Gallatin County , Montana. 2 . Improvements This Agreement specifically includes the installation of asphalt pavement, concrete pin-down wheelstops, off-street parking spaces, stripping , and garbage refuse screening as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "A" . The estimated cost of said � 1 improvements is attached and made a part of this Agreement, as Exhibit "B" . 3. Financial Guarantees, Time for _Completion .of Improvements If occupancy of any structure is to occur prior to installation of the improvements, it must be secured by the financial guarantee, as may be deemed acceptable by the City , payable to the City of Bozeman, in an amount equal to one and one half times the estimated cost of the installation of any required improvements not completed as that time. In any event, all required improvements on the site as delineated on Exhibit "A" , which is attached and made a part of this Agreement, shall be completed within eighteen ( 18) months of written approval of the Final Site Plan by the Local Governing Body , or their designated representative. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5 . Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of ( 5 ) days after written notice specifying the default is deposited in the United States mails addressed to the Developer at 2400 North 19th Avenue , or such other address as the Developer shall provide to the City from time 'to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: (A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. 1 . The City ' s representative, contractors , and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. ( B) The City may enforce any other remedy provided by law. 6 . Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the governing bodies. All landscaped areas required by the Agreement shall be permanently maintained by the Developer, pursuant to Section 18. 62 . 130( E ) of the Bozeman Area Zone Code. 7 . Governing Law This Agreement shall be construed according to the laws of the State of Montana. 8. Modifications or Alternations No .modifications or amendment of this Agreement shall be valid, unless evidenced by .a writing signed by the parties hereto. 9. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provision hereof , and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 11 . Successors Except as provided in paragraph 10 , this Agreement shall be binding upon, enure to the benefit of , and be enforceable by the parties hereto and their respective heirs, successors and assigns. 3 LUX TRANSFER ND STORAGE _ /%9 f d7i1nC'�. Tom Reiner Cecelia Reiner STATE OF MONTANA ) : ss County of Gallatin ) r On this day of 1989 , before me, a Notary Public for the State of Montana,/;,.personally appeared Mr . Tom Reiner and Mrs. Cecelia Reiner, known to me to be the owners of Lux Transfer and Storage, whose names are subscribed to the above instrument and acknowledged to me that they executed the same for and on behalf said business. IN .WITNESS WHEREOF , I have hereunto set by hand and affixed my Notarial Seal the day and year first above written. . .votary Public ,or State of Montana Residing ,AC'Z�/'l?".-- . Ll Commission Expires: - t!- (Notarial Seal ) THE CITY OF BOZEMAN Phillip J . For s Director of Public Service STATE OF MONTANA ) ss County of Gallatin ) rt On the _ day of 1989 , before me, a �N ttaFy - Public for the State of Mon na, personally appeared -1E-�p--d-: P� Febes, known to me to be h_,,,person described in and who executed the foregoing instrument aSA ector of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same. for and on behalf of said City. IN WITNESS WHEREOF , I have hereunto set my hand and affixed my seal on the day and year first written above. (Notarial Se 1 ) Notar)7 Public for State of Montana Residing Commissio.n xpi es 4 "EXHIBIT B" ~` ESTIMATED COST FOR IMPROVEMENTS DATE : 24 July, 1989 PROJECT: Lux Transfer and Storage, 2400 N. 19th Ave. DEVELOPER: Tom and Cecelia Reiner - ------------------------------- ------------------------------------------------------------------ 'I teift 'Sq.Ft . /Ln . Ft . Contractor Est , Cost Paving: • Asphalt 45, 115 sq. ft. Big Sky Paving $ 22, 557. 50 Concrete N/A Sidewalks : N/A Curbing: N/A Landscape : N/A Landscape Protection : 10 wheelstops $ 250. 00 Garbage Enclosure : (1) $ 500 . 00 Exterior . Lighting : N./A Water Improvements : N/A Sewer Improvements: N/A Street Improvements : N/A Approved By City Engineering Office : Date : - IMPROVEMENTS AGREEMENT FOR LUX STORAGE AND TRANSFER This AGREEMENT is made and entered into this 28th day of July 1989 , by and between Tom and Cecelia Reiner, hereinafter called the "Developer" , and the City of Bozeman, a municipal corporation of the State of Montana, hereinafter called the "City" . WHEREAS, it is the intent and purposes of the Developer to meet the conditions of approval for the Conditional Use Permit allowing modification of a Major Planned Unit Development on the property in question; WHEREAS, it is the intent and purposes of the Developer to obtain Final Site Plan Approval ; WHEREAS, it is the intent and purposes of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described ; and it is the intent of this Agreement, and of!.the parties hereto, to satisfy the improvements guarantee requirei'e;nts for the Final Site Plan approval of said Conditional Use Permit; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1 . Property Description This Agreement pertains to, and includes , those properties which are designated and identified as being Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza, located in the East 1/2 of Section 35 , T1S, R5E, M. P.M. , Gallatin County , . Montana. 2 . Improvements This Agreement specifically includes the installation of asphalt pavement, concrete pin-down wheelstops, off-street parking spaces , stripping , and garbage refuse screening as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "A" . The estimated cost of said 1 6' improvements is attached and made a part of this Agreement, as F ' Exhibit "B" . 3. Financial Guarantee . Time for Completion of Improvements If occupancy of 4any structure is to occur prior to installation of the improvements, it must be secured by the financial guarantee, as may be deemed acceptable by the City , payable to the City of Bozeman, in an amount equal to one and one- half times the estimated cost of the installation of any required improvements not completed as that time . In any event, all required improvements on the site as delineated on Exh i b.i t "A" , which is attached and made a part of this Agreement, shall be completed within eighteen ( 18) months of written approval of the Final Site Plan - by the Local Governing Body , or their designated representative. 4 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is. in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5 . Default Time is of the essence of this Agreement. If the Developer I shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of ( 5 ) days after written notice specifying the default is deposited in the United States mails addressed to the Developer at 2400 North 19th Avenue or such other address as the Developer shall provide to the City from time to time, without being completely remedied, . satisfied, and discharged, the City may elect to enforce any of the following specified remedies: (A) The City may , at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. 2 L 1 . The City ' s representative, contractors , and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. ( B) The City may enforce any other remedy provided by law. 6 .. Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the governing bodies. All landscaped areas i ! required by the Agreement shall be permanently maintained 'by the Developer pursuant to Section 18. 62 . 130( E) of the Bozeman Area Zone I Code. 7 . Governing Law This Agreement shall be construed according to the laws of the State of Montana. 8. Modifications or Alternations No modifications or amendment of this Agreement shall be valid , unless evidenced by a writing signed by the parties hereto. 9 . Invalid Provision The invalidity or unenforceability of any provision of .this Agreement shall not affect the other provision hereof , and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City . 11 . Successors Except as provided in paragraph 10 , this Agreement shall be binding upon, enure to the benefit of , and be enforceable by the parties hereto and their respective heirs, successors and assigns. 3 f • • :LUX TRANSFER ND STORAGE Tom Reiner Cecelia Reiner STATE OF MONTANA ) : ss County of Gallatin ) On this dj day of G1989 , before me, a Notary Public for the State of Mont ' a, personal 1 y appeared Mr . Tom Reiner and Mrs. Cecelia Reiner, known to me to be the owners of Lux Transfer and Storage, whose names are . subscribed to the above instrument and acknowledged to me that they executed the same for and on behalf said business. IN WITNESS WHEREOF , I have hereunto set by hand and affixed my Notarial Seal the day and year first above written. Notary',Publ is or State of Mantana �Resi,di ng ��✓ -Commiissidn Expires: - — (Notarial Seal ) THE CITY OF BOZEMAN Phillip J . For Us Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) rth On the '= day of _, 1989 , before me, a �No k taP Public for the State of Mon na, personally appeared POO Fe�, known to me to be theperson described in and who executed the foregoing instrument asiDirector of Public Service of the City of Bozeman , whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF , I have hereunto set my hand and affixed my seal on the day and year first written above. (Notarial Se 1 ) Notary Public for Sta te of Montana Res i d i ng :LaQ C-Aa;A -- Comm nSsLi,on xpi es v 4 . ,, ,. I _ R V v L; y4 I,r ' «� .•�less .:�..F • , Big SkV' Pa'vi ng Co. Asphalt Paving Contractors PIiM W7j/a4 1 no K ROlJt3E PROPOSAL MWI T®To PHONE DATE Tow Rainer - Lux Transfer 587-5153 July 18, 1989 erREET JOB KOM 2400 North 19th x. CrM STATE AND ZIP CODE JOS LOCATION Sozemang Montana 59715 AACIf1ECT OAIt OF PIANS JOS PHONE MIa hmW a&*opadsnaoir end dllnnlas foe We will rode and roll, seve al .areas around Lux Transfer - a total are`- of 45A94 iY jt and paysM with a 2" hot asphalt I I pt f ro"n hereby to Ur4sh mslo aW him-'Don101 W to gib.with above speWcatbne,for the sum of I T�snty two thoijoand eight hundi" torty seven and no/100 a($ 22,8470 Pynwd to be awls as folows: Upon complstion at wqr6 OF M1UrMbweMwn'1r1111dM1Aw1>rAPM1o�MS�wlrlr/�ICMItOIM►ny1M11MRrfiSIrIM. .AtIMiOf�it, work palms wd wN be oharwad for In e*l*m b Vft ataaoukt In wow drwit d deft*In si�f�e i oiln aasadMadabwwwlahwabl,apwadbrbdhpnwaaplanaddit.lahraaollYbAswnwvj ft tootwoomdn�oW o-6 ga�utd�aku�rtpr . arMlo iawoddbdwmwon wbr.. N F. d dill N w�aldl "' INOMc proposd My be be ban.by a»arrw W*XkWM by N rM eooepted within days 110 amove of rD>)tDf�t�-The ab ,onus•. we and an hshby soobpt d. You we "s authorizedtodothewalessspeolHad PWMWdDAMbemadsssoutMned •, above Oat*of AocWmac - FBI Ik: , y.... 'r.� r■w■ 'e ..(!N� ,(�tl �•IY1`._1'7JIS 1"�llf'�.�1.1��,`7!'In- !., ,� L,.e ,..1 r s. Awbi ` y 7 I TVti. 687-41t34 N:4:�,, �,ia� ': n /uP��'!lIYYYs rC•(iF�iu - ,� t�:Y dull,. .:,t/ssY K ROUSE" .. ,..• - IC: .y _ L!}aq�''� Tr IHXS'w 1'T'�'Pf I.i i f' i'��t : 1 e �I• , r y ,I'M',,.l41►f�1���*!,! ,I x't?�i MONTAMA '16.. •Y� 1!R0duewMTTED TO r�, i::, y �ta,N , °t'1 , ?! ' af4? �J �cv ��R} O n N:� .. Tom Rainer Lux,Transfer �,fr 2400 North 19th • . . ,..,,.i;cx•.;�d�;•, 'f� 1RiN•�� ,-�1;�`jf�St �'y'�I!'t'!+''i'lltyt ,7?;�rii"j'1;y:i�•'�.f uFrRa'I• °� 'V!.f;�1}�Uisouf:; 'Fr;+�°� „ CITY.STATE AM ZIP CODE } 1 > } 777 I. 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' t ...,.. ...;• t•!`r,...:t ` ;' ,, d4'=c .'cs;%tr.•+ max.: ..Lw AiAwk interwest BANK OF MONTANA July 27 1989 IRREVOCABLE LETTER OF CREDIT #2Q This letter expires January 27 , 1991 ISSUED TO : City of - Bozeman P .O . Box Bozeman , Montana 59771 We , the InterWest Bank of Montana in Bozeman , hereby establish our Irrevocable Letter of credit # 2Q in your favor for the account of Tom & Cecelia Reiner , in the amount of $27 ,460 . 00 The purpose of this Letter of Credit is to guarantee the construction .and installment of paving , curbing , and . landscaping on Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza , located in the East 112 of Section 35 , T1S , RSE , M. P. M. , Gallatin County , Montana ; according to the Improvements Agreement dated July 27 , 1989 , between Tom & Cecelia Reiner and the City of Bozeman . This Letter of Credit is .expressly written to provide financial security for the account of Tom & Cecelia Reiner . Funds are available upon your draft or demand for payment addressed to the InterWest Bank of Montana , Bozeman , accompanied by documents and in accordance with the conditions specified below : . 1 . Written demand for payment by. City ; 2 . Draft (s ) drawn under this Letter of Credit must have the clause " InterWest Bank of Montana in Bozeman Letter of Credit #2Q, dated July 27 , 1989" ; 3 . One copy of executed Contract ( s ) between the City and contractor (s ) or engineer (s ) or a materials or equipment order signed by the City for the completion of the improvements specified in the Improvements Agreement ; 4 . One copy of invoice or billing from contractor , engineer , or supplier signed and dated by same ; Box 1926 • 1632 West Main • Bozeman,MT 59771-1926 • (406)587-1231 AbA& InterWest BANK OF MONTANA July 27 , 1989 IRREVOCABLE LETTER OF CREDIT #2Q This letter expires January 27 , 1991 ISSUED TO : City of Bozeman P . O . Box Bozeman , Montana 59771 We , the InterWest Bank of Montana in Bozeman , hereby establish our Irrevocable Letter of credit # 2Q in your favor for the account of Tom & Cecelia Reiner-, in- the amount of $27 ,460 . 00 The purpose of this Letter of Credit is to guarantee the construction and installment of paving , curbing , and landscaping on Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza , located in the East 1 /2 of Section 35 , T1S , RSE , M. P . M. , Gallatin County , Montana , according to the Improvements Agreement dated July 27 , 1989 , between Tom & Cecelia Reiner and the City of Bozeman . This Letter of Credit is expressly written to provide financial security for the account of Tom & Cecelia Reiner . Funds are available upon your draft or demand for payment addressed to the InterWest Bank of Montana , Bozeman , accompanied by documents and in accordance with the conditions specified below : 1 . Written demand for payment by City ; 2 . Draft (s ) drawn under this Letter of Credit must have the clause " InterWest Bank of Montana in Bozeman Letter of Credit #2Q , dated July 27 , 1989" ; 3 . One copy of executed Contract (s ) between the. City and contractor (s ) or engineer (s ) or a materials or equipment order signed by the City. for the completion of the improvements specified in the Improvements Agreement ; 4 . One copy of invoice or billing from contractor , engineer , or supplier signed and dated by same ; Box 1926 0 1632 West Main 0 Bozeman,MT 59771-1926 0 (406)587-1231 Lette- of Credit #2Q July 27 , 1989 Page 2 5 . Progress payments are permitted under this Letter of Credit ; 6 . All parties understand that the face amount of this Letter of Credit can be decreased in accordance with the terms and conditions listed in Exhibits"A" and "B" , attached hereto and made a part hereof . We hereby agree that draft (s ) drawn under and in accordance with the terms of this credit will be duly honored as specified , if presented at InterWest Bank of Montana , Bozeman , Montana , on or before January 27 , 1991 . Except as otherwise expressly stated , this Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credit ( 19'74 Rev . ) International Chamber of Commerce Brochure 290 , and any subsequent revisions thereto . Sincerely , Sand Y Y Ta lor � . Vice Pres.ident/Cashier ST/mr i f Letter of Credit #2Q July 27 , 1989 Page 2 5 . Progress payments are permitted under this Letter of Credit ; 6 . All parties understand that the face amount of this Letter of Credit can be decreased in accordance with the terms and conditions listed in Exhibits "A" and "B" , attached hereto and made a part hereof . We hereby agree that drafts ) drawn under and in accordance with t-he terms of this credit will be duly honored as specified ,. if presented at InterWest Bank of. Montana , Bozeman , Montana , on or before January 27 , 1991 . Except as otherwise expressly stated , this Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credit ( 1974 Rev . ) International Chamber of Commerce Brochure 290 , and any subsequent revisions thereto . Sincerely , Sandy ?a`ylor Vice President/Cashier ST/mr J BOZEMAP - 0 Rupp HRDC 321 E. Main CITY-COUNTY Bozeman, MT. 59715 PLANNING OFFICE 1989 BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 tyV PLANNNG OFFICE PHONE:(406)586-3321 Ext 227 1 Y MEMORANDUM TO: BOZEMAN ZONING COMMISSION FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE RE: IN-HOUSE SUMMARY REVIEW AND APPROVAL - LUX STORAGE AND TRANSFER PLANNED UNIT DEVELOPMENT DATE: JULY 24, 1989 Attached please -find the submitted site plan and staff report for application of a Major Planned Unit Development modification by Tom and Cecelia Reiner of Lux Transfer and Storage. The applicants have requested that the Planning Director Approve modification of the Lux Transfer and Storage P.U.D. previously approved in April 1985. As a result, the Planning ,Director has granted approval of the request by requiring the applicants to receive a Conditional Use Permit per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 provides, the Planning Director in-house summary review and approval for minor planned unit developments, but also gives the Bozeman Zoning Commission the authority to require a public hearing on the application. A copy of the staff report and final development plans are sent to each member of the Zoning Commission. A majority of the Commission can request, within three days, that the proposed P.U.D. be reviewed at a public hearing. The Planning Office respectfully requests that each member o the Bozeman Zoning Commission review the submittal and staf report, and contact this office by no later than 5 : 00 P. Thursday, July 27 , 1989 . Thank you for your assistance with t is review. DS/dps Attachments , BOZEMAN ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-8923 -- AN APPLICATION FOR A MINOR MODIFICATION TO A PLANNED UNIT DEVELOPMENT FOR ADDITIONAL MINI-WAREHOUSES AND EXPANSION OF AN' EXISTING STORAGE/TRANSFER BUILDING APPLICANT: TOM AND CECELIA REINER 2400 NORTH 19TH AVENUE BOZEMAN, MT. DATE: JULY 10, 1989 REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF . ----------------------------------------------------------------- Location/Description: The property in question is described as Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza, located in the East 1/2 of Section 35 , T1S, RSE, M. P.M. , Gallatin County, Montana. It is more commonly described as 2400 North 19th Avenue and is just north of United Parcel Service. Please refer to the location map below. ' I i I0i If '+ f ; i ,III I �.1, •',., !�, I- I ' I I , � • M.fir Baxter' La e!r The property is approximately 4. 35 acres in size, and is currently zoned "M-1 " (Commercial-Light Manufacturing District) . The "M-1 " Zoning District allows the entire lot to be occupied by the principal and accessory buildings, exclusive of required yards and parking. The surrounding land uses are: North: Vacant land zoned "M-1 " , Commercial-Light Manufacturing District. South: Developed land zoned "M-1. " , Commercial-Light Manufacturing District. East: Vacant land, zoned "AS" , Agriculture-Suburban District , West:, Vacant land, zoned "M-1 " , Commercial.-Light Manufacturing District,.and -"AS" , Agriculture-Suburban District. Proposal : The applicant is proposing to construct a 30 ft. x 101 ft. structure for the purposes of accommodating mini-warehouse rental units,_ and constructing a 25 ft. x 70 ft. addition to the existing, Lux Storage and Transfer building. The proposed mini-warehouse structure would be the fifth building to be constructed on the site for use as rental storage units. The Lux Storage and Transfer building addition is for expansion purposes to continue current operations of the commercial business. A Conditional Use Permit was granted the applicants in January 1985 as a Minor Planned Unit Development to construct the existing Lux Storage and Transfer building and the first mini-warehouse structure (Building #1 ) . In April 1985 , the applicants received a Conditional Use Permit for a Major Planned Unit Development to construct the next three mini-warehouse structures (Building #2 , #3 and W . The applicant has requested modification of the Planned Unit Development through application of a Conditional Use Permit for a Minor P.U. D. per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 allows for in-house summary review and approval by the Planning Director. Copies of the Staff Report, with the Staff' s recommendation are sent to each member of the Zoning Commission . A majority of the Commission, may within three days, request that the minor P.U.D. be reviewed at a public hearing. Thus, is the purpose of this Staff Report. 2 l - - Staff Findings: . Mini-warehouses ' serving as storage rental. units are listed as a. permitted use in the "M-1 "District. Approval of a Minor Planned Unit Development shall be obtained through Conditional Use Permit procedures as specified in Chapter 18. 52. Section 18.52 . 101 (B) of the Zone Code establishes six criteria which must be considered in . the review of applications for Conditional Use Permits. The Staff i - has reviewed these criteria as they relate to the applicant's propo.sal and, as a result provide the following comments: ( 1 ) The proposed use meets all submittal requirements as contained in Section 18. 52 . 120. The application generally complies with the submittal require- ments. ( 2 ) The proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. Access to the property in question will continue to occur from the existing paved approach off of North 19th Avenue. Ten off-street parking spaces are required with the Conditional Use Permit granted in April , 1985. However, paving for only three off-street parking stalls has been provided. Adequate wheelstops and striping for the remaining seven parking stalls have not been provided. Granting of the Conditional Use Permit in April , 1985 , also required pavement of interior driveways between the mini- warehouse structures. Those improvements have not been installed. (3) The proposed use will comply with the regulations and standards specified in the Bozeman Zoning Code, codified in this title, for such uses. Pedestrian sidewalks are not been provided in the applicant' s submittal . Sidewalks have not been required of similar commercial development in the area. The Final Site Plan approved by the Bozeman Planning Director indicates screening of the garbage refuse area with a six-foot high cedar fence. This has not been provided. (4) The granting of the Conditional Use Permit will be in compliance with the Bozeman Area Master Plan, and the require- ments as set forth in this chapter. 3 The Land Use Plan of the Bozeman Area Master Plan currently designates the property in question to develop as Light Industry. The parcel is presently zoned "M-1 " (Commercial- Light Manufacturing District) . As permitted uses in the "M-1 " District, the request to construct a 30-foot x 101-foot mini-warehouse structure and expand an existing transfer and storage business would be in compliance with the Bozeman Area Master Plan. ( 5 ) The proposed use conforms to the standards of this chapter including, but not limited to, density, lot coverage, yards and height limitations as set forth in this chapter, unless otherwise provided for in this code. The applicant's proposal complies with the maximum lot. coverage, minimum yard requirements, and height limitations established in the Zoning Code. (6 ) The proposed use has been duly noticed, a public hearing held in accordance with Section 18. 52.020, and the public has been given sufficient opportunity to be heard upon the matter. Per Section 18.54. 300 (Minor Planned Unit Development - Summary Review And Approval Procedures) ' of the Zone Code, the Planning Department shall review the final development plans showing all modifications of the Conditional Use Permit.. Upon recommendation of approval by the Planning Staff, a copy of the staff report and final development plan will be sent to each member of the Zoning •Commission. A majority of the Commission can request, within three days, that the proposed modification to the Planned Unit Development be reviewed at a public hearing. Conclusion: The Planning Staff has reviewed the application for modification of a Planned Unit Development by Tom and Cecelia Reiner, and has found that it would be in compliance with the Bozeman Area Subdivision Regulations and Bozeman Zone Code. ' As a result, the Staff recommends conditional approval of the application with the following attached conditions: 1 . That the applicants comply with the conditions of Zoning Application #Z-85003 regarding asphalt pavement, off-street parking areas, wheelstops, stripping and enclosed refuse area; 2 . That all on-site improvements required by Zoning Application #Z-85003 be installed, or a method of security equal to one and one-half times the amount of the cost of improvements not installed be submitted to the Planning Office, prior to approval of the modified Final Site Plan; 4 3. If on-site improvements are not installed prior to Final Site Plan approval , the applicants shall enter . into a improvements agreement with the City of Bozeman . Detailed cost estimates, construction plans, and method of security shall be made part of that Agreement; 4. That three copies of the modified Final Site Plan containing all the conditions, corrections, and modifications be submitted for review and approval by the. Planning Director. A Final Site Plan must be approved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant. 5 6 IMPROVEMENTS AGREEMENT FOR LUX STORAGE AND TRANSFER This AGREEMENT is made and entered into this day of 1989 , by and between Tom and Cecelia Reiner, hereinafter called the "Developer" , and the City of Bozeman , a municipal corporation of the State of Montana, hereinafter called the "City" . WHEREAS, it is the intent and purposes of the Developer to meet the conditions of approval for the Conditional Use Permit allowing modification of a Major Planned Unit Development on the property in question; WHEREAS, . it is the intent and purposes of the Developer to obtain Final Site Plan Approval ; WHEREAS, it is the intent and purposes of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Conditional Use Permit; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1 . Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza, located in the East 1 /2 of Section 35, T1S, R5E, M. P.M. , Gallatin County, Montana. 2 . Improvements This Agreement specifically includes the installation of asphalt pavement, concrete pin-down wheelstops; off-street parking spaces, stripping , and garbage refuse screening as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "A" . The estimated cost of said 1 improvements is attached and made a part of this Agreement, as Exhibit "B" . 3. Financial Guarantee, Time for Completion of Improvements If occupancy of any structure is to occur prior to installation of the improvements, it must be secured by the financial guarantee, as may be deemed acceptable by the City , payable to the City of Bozeman, in an amount equal to one and one- half times the estimated cost of the installation of any required improvements not completed as that time. In any event, all required improvements on the site as delineated on Exhibit "A" , which is attached and made a part of this Agreement, shall be completed within eighteen ( 18) months of written approval of the Final Site Plan by the Local Governing Body, or their designated representative. 4. Inspection I Representatives of the City shall have the right to. enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5 . Default Time is of the essence of tKis Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of (5 ) days after written notice specifying the default is deposited in the United States mails addressed to the Developer at or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: (A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. 2 1 . The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection , and the Developer shall permit and secure any additional permission required to enable them to do so. (B) The City may enforce any other remedy provided by law. 6 . Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the governing bodies. All landscaped areas required by the Agreement shall be permanently maintained by the Developer pursuant to Section 18.62 . 130(E) of the Bozeman Area Zone Code. 7 . Governing Law This Agreement shall .be construed according to the laws of the State of Montana. 8. Modifications or Alternations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 9. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provision hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 11 . Successors Except as provided in paragraph 10, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the I parties hereto and their respective heirs, successors and assigns. 3 • • I LUX TRANSFER AND STORAGE Tom Reiner Cecelia Reiner STATE OF MONTANA ) : ss County of Gallatin ) On this day of 1989, before me, a Notary Public for the State of Montana, personally appeared Mr. Tom Reiner and Mrs. Cecelia Reiner, known to me to be the owners of Lux Transfer and Storage, whose names are subscribed to the above instrument and acknowledged to me that they executed the same for and on behalf said business. IN WITNESS WHEREOF, I have hereunto set by hand and affixed my Notarial Seal the day and year first above written. Notary Public for State of Montana Residing: Commission Expires: (Notarial Seal ) THE CITY OF BOZEMAN Phillip J . Forbes Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On the day of 1989 , before me, a Notary Public for the State of Montana, personally appeared Phillip J . Forbes, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (Notarial Seal ) Notary Public for State of Montana Residing : Commission Expires 4 BOZEMAIP CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 MEMORANDUM TO: BOZEMAN ZONING COMMISSION FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE RE: IN-HOUSE SUMMARY REVIEW AND APPROVAL - LUX STORAGE AND TRANSFER PLANNED UNIT DEVELOPMENT DATE: JULY 24, 1989 Attached please find the submitted site plan and staff report for application of a Major Planned Unit Development modification by Tom and Cecelia Reiner of Lux Transfer and Storage. The applicants have requested that the Planning Director approve modification of the Lux Transfer and Storage P.U. D. previously approved in April 1985 . As a result, the Planning Director has granted approval of the request by requiring the applicants to receive a Conditional Use Permit per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 provides the Planning Director in-house summary review and approval for minor planned unit developments, but also gives the Bozeman Zoning Commission the authority to require a public hearing on the application. A copy of the staff report and final development plans are sent to each member of the Zoning Commission. A majority of the Commission can request, within three days, that the proposed P. U. D. be reviewed at a public hearing . The Planning Office respectfully requests that each member of the Bozeman Zoning Commission review the submittal and staff report, and contact this office by no later than 5: 00 P.M. , Thursday, July 27 , 1989. Thank you for your assistance with this review. DS/dps Attachments BOZEMAP CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext 227 i MEMORANDUM TO: BOZEMAN ZONING COMMISSION FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE RE: IN-HOUSE SUMMARY REVIEW AND APPROVAL - LUX STORAGE AND TRANSFER PLANNED UNIT DEVELOPMENT DATE: JULY 24, 1989 Attached please'-find the submitted site plan and staff report for application of a Major Planned Unit Development 'modification .by Tom and Cecelia Reiner of Lux Transfer and Storage. The applicants have requested that the Planning Director approve modification of the Lux Transfer and Storage P.U. D. previously approved in April 1985 . As a result, the Planning Director has granted approval of the request by requiring the applicants to receive a Conditional Use Permit per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 provides, the Planning Director in-house summary review and approval for minor planned unit developments, but also gives the Bozeman Zoning Commission the authority to require a public hearing on the application. A copy of the staff report and final development plans are sent to each member of the Zoning Commission. A majority of the Commission can request, within three days, that the proposed P.U.D. be reviewed at a public hearing. The Planning Office respectfully requests that each member of the Bozeman Zoning Commission review the submittal and staff report, and contact this office by no later than 5 :00 'P.M. , Thursday, July 27 , 1989. Thank you for your assistance with this review. DS/dps Attachments BOZEMAR CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext.227 MEMORANDUM TO: BOZEMAN ZONING COMMISSION FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE RE: IN-HOUSE SUMMARY REVIEW AND APPROVAL - LUX STORAGE AND TRANSFER PLANNED UNIT DEVELOPMENT DATE: JULY 241 1989 Attached please'-find the submitted site plan and staff report for application of a Major Planned Unit Development modification . by Tom and Cecelia Reiner of Lux Transfer and Storage. The applicants have requested that the Planning Director approve modification of the Lux Transfer and Storage P.U.D.- previously approved in April 1985 . As a result, the Planning Director has granted approval of the request by requiring the applicants to receive a Conditional Use Permit per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 provides, the Planning Director in-house summary review and approval for minor planned unit developments, but also gives the Bozeman Zoning Commission the authority to require a public hearing on the application. A copy of the. staff report and final development plans are sent to each member of the Zoning Commission. A majority of the Commission can request, within three days, that the proposed P.U. D. be reviewed at a public hearing. The Planning Office respectfully requests that each member of the Bozeman Zoning Commission review the submittal and. staff report, and contact this office by no later than 5 :00 'P.M. , Thursday, July 27 , 1989 . Thank you for your assistance with this review. DS/dps Attachments BOZEMAP CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext 227 MEMORANDUM TO: BOZEMAN .ZONING COMMISSION FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE RE: IN-HOUSE SUMMARY REVIEW AND APPROVAL - LUX STORAGE AND + TRANSFER PLANNED UNIT DEVELOPMENT DATE: JULY 24, 1989- Attached please find the .submitted site plan and staff report for application of a Major Planned Unit Development modification by Tom and Cecelia Reiner of Lux Transfer and Storage. The applicants have requested that the Planning Director approve modification of the Lux Transfer and Storage P.U. D. - previously approved in April 1985 . As a result, the Planning .Director has granted approval of the request by requiring the applicants to receive a Conditional Use Permit per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 provides, the Planning Director in-house summary review and approval for minor planned unit developments, but also gives the Bozeman Zoning Commission the authority to require a public hearing on the application. A copy of the staff report and final development plans are sent to each member of the Zoning Commission. A majority of the Commission can request, within three days, that the proposed P.U. D. be reviewed at a public hearing. The Planning Office respectfully requests that each member of the Bozeman Zoning Commission review the submittal and staff report, and contact this office by no later than 5 :00 P.M. , Thursday, July 27 , 1989. Thank you for your assistance with this review. DS/dps Attachments BOZEMAN ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-8923 -- AN APPLICATION FOR A MINOR MODIFICATION TO A PLANNED UNIT DEVELOPMENT FOR ADDITIONAL MINI-WAREHOUSES AND EXPANSION OF AN EXISTING STORAGE/TRANSFER BUILDING APPLICANT: TOM AND CECELIA REINER 2400 NORTH 19TH AVENUE BOZEMAN, MT. DATE: JULY 10, 1989 REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description: The property in question is described as Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza, located in the East 1/2 of Section 35 , T1S, RSE, M. P.M. , Gallatin County, Montana. It is more commonly described as 2400 North 19th Avenue and is just north of United Parcel Service. Please refer to the location map below. i I +J :J 4d 1 Ts r4J No r t 11 a Y Baxter La' e'`{ `a The property is approximately 4. 35 acres in size, and is currently zoned "M-1 " (Commercial-Light Manufacturing District) . The "M-1 " Zoning District allows the entire lot to be occupied by the principal and accessory buildings, exclusive of required yards and parking. The surrounding land uses are: North : Vacant land zoned "M-1 " , Commercial-Light Manufacturing District. South : Developed land zoned "M-1. " , Commercial-Light Manufacturing District. East: Vacant land, zoned "AS" , Agriculture-Suburban District West: Vacant land, zoned "M-1 " , Commercial-Light ManufacturingDistrict, and "AS" , Agri culture-Suburban District. Proposal : The applicant is proposing to construct a 30 ft. x 101 ft. structure for the purposes of accommodating mini-warehouse rental units, and constructing a 25 ft. x 70 ft. addition to the existing Lux Storage and Transfer building. The proposed mini-warehouse structure would be the fifth building to be constructed on the site for use as rental storage units. The Lux Storage and Transfer building addition is for expansion purposes to continue current operations of the commercial business. A Conditional Use Permit was granted the applicants in January 1985 as a Minor Planned Unit Development to construct the existing Lux Storage and Transfer building and the first mini-warehouse structure (Building #1 ) . In April 1985 , the applicants received . a Conditional Use Permit for a Major Planned Unit Development to construct the next three mini-warehouse structures (Building #2 , #3 and W . The applicant has requested modification of the. Planned Unit Development through application of a Conditional Use Permit for a Minor P. U. D. per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 allows for in-house summary review and approval by the Planning Director. Copies of the Staff Report, with the Staff' s recommendation are sent to each member of the Zoning Commission . A majority of the Commission , may within three days, request that the minor P.U. D. be reviewed at a public hearing. Thus, is the purpose of this Staff Report. 2 Staff Findings: Mini-warehouses serving as storage rental units are listed as a permitted use in the "M-1 " District. Approval of a Minor Planned Unit Development shall be obtained through Conditional Use Permit procedures as specified in Chapter 18. 52 . Section 18. 52 . 101 (B) of the Zone Code establishes six criteria which must be considered in the review of applications for Conditional Use Permits. The Staff has reviewed these criteria as they relate to the applicant's proposal and, as a result provide the following comments: ( 1 ) The proposed use meets all submittal requirements as contained in Section 18. 52 . 120. The application generally complies with the submittal require- ments. (2) The proposed use will not, particularly because of conditions imposed, be detrimental to the public health , safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. Access to the property in question will continue to occur from the existing paved approach off of North 19th Avenue. Ten off-street parking spaces are required with the Conditional Use Permit granted in April , 1985. However, paving for only three off-street parking stalls has been provided. Adequate wheelstops and striping for the remaining seven parking stalls have not been provided. Granting of the Conditional Use Permit in April , 1985 , also required pavement of interior driveways between the mini- warehouse structures. Those improvements have not been installed . ( 3 ) The proposed use will comply with the regulations and standards specified in the Bozeman Zoning Code, codified in this title, for such uses. Pedestrian sidewalks are not been provided in the applicant' s submittal . Sidewalks have not been required of similar commercial development in the area. The Final Site Plan approved by the Bozeman Planning Director indicates screening of the garbage refuse area with a six-foot high cedar fence. This has not been provided. (4) The granting of the Conditional Use Permit will be in compliance with the Bozeman Area Master Plan, and the require- ments as set forth in this chapter. 3 The Land Use Plan of the Bozeman Area Master Plan currently designates the property in question to develop as Light Industry. The parcel is presently zoned "M-1 " (Commercial- Light Manufacturing District) . As permitted uses in the "M-1 " District, the request to construct a 30-foot x 101-foot mini-warehouse structure and expand an existing transfer and storage business would be in compliance with the Bozeman Area Master Plan. (5 ) The proposed use conforms to the standards of this chapter including, but not limited to, density, lot coverage, yards and height limitations as set forth in this chapter, unless otherwise provided for in this code. The applicant' s proposal complies with the maximum lot coverage, minimum yard requirements, and height limitations established in the Zoning Code. (6 ) The proposed use has been duly noticed, a public hearing held in accordance with Section 18. 52 .020, and the public has been given sufficient opportunity to be heard upon the matter. i Per Section 18. 54. 300 (Minor Planned Unit Development - Summary Review And Approval Procedures) of the Zone Code, the Planning Department shall review the final development plans showing all modifications of the Conditional Use Permit. Upon recommendation of approval by the Planning Staff, a copy of the staff report and final development plan will be sent to each member of the Zoning Commission . A majority of the Commission can request, within three days, that the proposed modification to the Planned Unit Development be reviewed at a public hearing. Conclusion : The Planning Staff has reviewed the application for modification of a Planned Unit Development by Tom and Cecelia Reiner, and has found that it would be in compliance with the Bozeman Area Subdivision Regulations and Bozeman Zone Code. As a result, the Staff recommends conditional approval of the application with the following attached conditions: 1 . That the applicants comply with the conditions of Zoning Application #Z-85003 regarding asphalt pavement, off-street parking areas, wheelstops, stripping and enclosed refuse area; 2 . That all on-site improvements required by Zoning Application #Z-85003 be installed, or a method of security equal to one and one-half times the amount of the cost of improvements not installed be submitted to the Planning Office, prior to approval of the modified Final Site Plan ; 4 3 . If on-site improvements are not installed prior to Final Site Plan approval , the applicants shall enter into a improvements agreement with the City of Bozeman. Detailed cost estimates, construction plans, and method of security shall be made part of that Agreement; 4. That three copies of the modified Final Site Plan containing all the conditions, corrections, and modifications be submitted for review and approval by the Planning Director. A Final Site Plan must be approved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant. I 5 BOZEMAN ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-8923 -- AN APPLICATION FOR A MINOR MODIFICATION TO A PLANNED UNIT DEVELOPMENT FOR ADDITIONAL MINI-WAREHOUSES AND EXPANSION OF AN EXISTING STORAGE/TRANSFER .BUILDING APPLICANT: TOM AND CECELIA REINER 2400 NORTH 19TH AVENUE BOZEMAN, MT. DATE: JULY 10, 1989 REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ------------------------------- --------------------------------- Location/Description: The property in question is described as Lot 4 of Tract 6 , and Lot 2 of Tract 7 of Gardner-Simmental Plaza, located in the East 1/2 of Section 35 , T1S, RSE, M. P.M. , Gallatin County, Montana. It is more commonly described as 2400 North 19th Avenue and is just north of United Parcel Service. Please refer to the location map below. '. Z ' rt is If Baxter' La' a I II The property is approximately 4.35 acres in size, and is currently zoned "M-1 " (Commercial-Light Manufacturing District) . The "M-1 " Zoning District allows the entire lot to be occupied by the principal and accessory buildings, exclusive of required yards and parking. The surrounding land uses are: North: Vacant land zoned "M-1 " , Commercial-Light Manufacturing District. South: Developed land zoned "M-1. " , Commercial-Light Manufacturing District. East: Vacant land, zoned "AS" , Agriculture-Suburban District , West: Vacant land, zoned "M-1 " , Commercial-Light Manufacturing District, and "AS" , Agriculture-Suburban District. Proposal : The applicant is proposing to construct a 30 ft. x 101 ft. structure for the purposes of accommodating mini-warehouse rental units, and constructing a 25 ft. x 70 ft. addition to the existing Lux Storage and Transfer building. The proposed mini-warehouse structure would be the fifth building to be constructed on the site for use as rental storage units. The Lux Storage and Transfer building addition is for expansion purposes to continue current operations of the commercial business. A Conditional Use Permit was granted the applicants in January 1985 as a Minor Planned Unit Development to construct the existing Lux Storage and Transfer building and the first mini-warehouse structure (Building #1 ) . In April 1985 , the applicants received a Conditional Use Permit for a Major Planned Unit Development to construct the next three mini-warehouse structures (Building #2, #3 and W . The applicant has requested modification of the Planned Unit ' Development through application of a Conditional Use Permit for a Minor P.U. D. per Section 18. 54. 300 of the Bozeman Zone Code. Section 18. 54. 300 allows for in-house summary review and approval by the Planning Director. Copies of the Staff Report, with the Staff's recommendation are sent to each member of the Zoning Commission. A majority of the Commission, may within three days, request that the minor P.U.D. be reviewed at a public hearing. Thus, is the purpose of this Staff Report. 2 ' y Staff Findings: Mini-warehouses serving as storage rental units are listed as a permitted use in the "M-1 " District. Approval of a Minor Planned Unit Development shall be obtained through Conditional Use Permit procedures as specified in Chapter 18. 52. Section 18.52 . 101 ( B) of the Zone Code establishes six criteria which must be considered in the review of applications for Conditional Use Permits. The Staff has - reviewed these criteria as they relate to the applicant' s proposal and, as a result provide the following comments: ( 1 ) The proposed use meets all submittal requirements as contained in Section 18. 52. 120. The application generally complies with the submittal require- ments. ( 2) The proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. Access to the property in question will continue to occur from the existing paved approach off of North 19th Avenue. Ten off-street parking spaces are required with the Conditional Use Permit granted in April , 1985 . However, paving for only three off-street parking stalls has been provided. Adequate wheelstops and striping for the remaining seven parking stalls have not been provided. .Granting of the Conditional Use Permit in April , 1985 , also required pavement of interior driveways between the mini- warehouse structures. Those improvements have not been installed. (3 ) The proposed use will comply with the regulations and standards specified in the Bozeman Zoning Code, codified i in this title, for such uses. Pedestrian sidewalks are not been provided in the applicant' s submittal . Sidewalks have not been required of similar commercial development in the area. The Final Site Plan approved by the Bozeman Planning Director indicates screening of the garbage refuse area with a six-foot high cedar fence. This has not been provided. (4) The granting of the Conditional Use Permit will be in compliance with the Bozeman Area Master Plan, and the require- ments as set forth in this chapter. 3 i i The Land Use Plan of the Bozeman Area Master Plan currently designates the property in question to develop as Light Industry. The parcel is presently zoned "M-1 " (Commercial- Light Manufacturing District) . As permitted uses in the "M-1 "District, the request to construct a 30-foot x 101-foot mini-warehouse structure and expand an existing transfer and storage business would be in compliance with the Bozeman Area Master Plan. (5) The proposed use conforms to the standards of this chapter including, but not limited to, density, lot coverage, yards and height limitations as set forth in this chapter, unless otherwise provided for in this code. The applicant's proposal complies with the maximum lot coverage, minimum yard requirements, and height limitations established in the Zoning Code. ( 6 ) The proposed use has been duly noticed, a public hearing held in accordance with Section 18. 52 .020, and the public has been given sufficient opportunity to be heard upon the matter. Per Section 18.54. 300 (Minor Planned Unit Development - Summary Review And Approval Procedures) of the Zone Code, the Planning Department shall review the final development plans showing all modifications of the Conditional Use Permit. Upon recommendation of approval by the Planning Staff, a copy of the staff report and final development plan will be sent to each member of the Zoning Commission. A majority of the Commission can request, within three days, that the proposed modification to the Planned Unit Development be reviewed at a public hearing. Conclusion: The Planning Staff has reviewed the application for modification of a Planned Unit Development by Tom and Cecelia Reiner, and has found that it would be in compliance with the Bozeman Area Subdivision Regulations and Bozeman Zone Code. As a result, the Staff recommends conditional approval of the application with the - following attached conditions: 1 . That the applicants comply with the conditions of Zoning Application #Z-85003 regarding asphalt pavement, off-street parking areas, wheelstops, stripping and enclosed refuse area;. 2 . That all on-site improvements required by Zoning Application #Z-85003 be installed, or a method of security equal to one and one-half times the amount of the cost of improvements not installed be submitted to the Planning Office, prior to approval of the modified Final Site .Plan; 4 0 S 3. If on—site improvements are not installed prior to Final Site Plan approval , the applicants shall enter into a improvements agreement with the City of Bozeman. Detailed cost estimates, construction plans, and method of security shall be made part of that Agreement; 4. That three copies of the modified Final Site Plan containing all the conditions, corrections, and modifications be submitted for review and approval by the Planning Director. A Final Site Plan must be approved prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retai.ned by the applicant. i - i 5 r BOZEMAN ZONING COMMISSION STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-8923 -- AN APPLICATION FOR A MINOR MODIFICATION TO A PLANNED UNIT DEVELOPMENT FOR ADDITIONAL MINI-WAREHOUSES AND EXPANSION OF AN EXISTING STORAGE/TRANSFER BUILDING APPLICANT: TOM AND CECELIA REINER 2400 NORTH 19TH AVENUE BOZEMAN, MT. DATE: JULY 10, 1989 REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description: The property in question is described as Lot 4 of Tract 6, and Lot 2 of Tract 7 of Gardner-Simmental Plaza, located in the East 1/2 of Section 35 , T1S, R5E, M.P.M. , Gallatin County, Montana. It is more commonly described as 2400 North 19th Avenue and is just north of United Parcel Service. Please refer to the location map below. I r f Kit I I ; f9.• a .Fia i IJ.r4-1 o Dort Baxterl La a w Y • • The property is approximately 4. 35 acres in size, and is currently zoned "M-1 " (Commercial-Light Manufacturing District) . The "M-1 " Zoning District allows the entire lot to be occupied by the principal and accessory buildings, exclusive of required yards and parking. The surrounding land uses are: North: Vacant land zoned "M-1 " , Commercial-Light Manufacturing District. South: Developed land zoned "M-1. " , Commercial-Light Manufacturing District. East: Vacant land, zoned "AS" , Agriculture-Suburban District , West: Vacant land, zoned "M-1 " , Commercial-Light Manufacturing District, and "AS" , Agri cul ture-Suburban District. Proposal : The applicant is proposing to construct a 30 ft. x 101 ft. structure for the purposes of accommodating mini-warehouse rental units, and constructing a 25 ft. x 70 ft. addition to the existing Lux Storage and Transfer building. The proposed mini-warehouse structure would be the fifth building to be constructed on the site for use as rental storage units. The Lux Storage. and Transfer building addition is for expansion purposes to continue current operations of the commercial business. A Conditional Use Permit was granted the applicants in January 1985 as a Minor Planned Unit Development to construct the existing Lux Storage and Transfer building and the first mini-warehouse structure (Building $1.) . In April 1985 , the applicants received a Conditional Use Permit for a Major Planned Unit Development to construct the next three mini-warehouse structures (Building #2, #3 and W . The applicant has requested modification of the Planned Unit Development through application of a Conditional Use Permit for a Minor P.U. D. per Section 18.54. 300 of the Bozeman Zone Code. 3 Section 18. 54. 300 allows for in-house summary review and approval by the Planning Director. Copies of the Staff Report, with the Staff' s recommendation are sent to each member of the Zoning Commission . A majority of the Commission, may within three days, request that the minor P.U.D. be reviewed at a public hearing. Thus, is the purpose of this Staff Report. 2 t I Staff. Findings: Mini-warehouses serving as storage rental units are listed as a permitted use in the "M-1 " District. Approval of a Minor Planned Unit Development shall be obtained through Conditional Use Permit procedures as specified in Chapter 18. 52 . Section 18.52 .'101 (B) of the Zone Code establishes six criteria which must be considered in the review of applications for Conditional Use Permits. The Staff has reviewed these criteria as they relate to the applicant's proposal and, as a result provide the following comments: ( 1 ) The proposed use meets all submittal requirements as contained in Section 18. 52. 120. The application generally complies with the submittal require- ments. ( 2 ) The proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety, or general welfare of persons residing or working ' in 'the vicinity, or injurious to property or improvements in the vicinity. Access to the property in question will continue to occur from the existing paved approach off of North 19th Avenue. Ten off-street parking spaces are required with the Conditional Use Permit granted in April , 1985. However, paving for only three off-street parking stalls has been provided. Adequate wheelstops and striping for the remaining seven parking stalls. have not been provided. Granting of the Conditional Use Permit in April , 1985 , also required pavement of interior driveways between the mini- warehouse structures. Those improvements have not been installed. (3) The proposed use will comply with the regulations and standards specified in the Bozeman. Zoning Code, codified in this title, for such uses. Pedestrian sidewalks are not been provided i-n the applicant's submittal . Sidewalks have not been required of similar commercial development in the area. The Final Site Plan approved by the Bozeman Planning Director indicates screening of the garbage refuse area with a six-foot high cedar fence. This has not been provided. (4) The granting of the Conditional Use Permit will be in compliance with the Bozeman Area Master Plan, and the require- ments as set forth in this chapter. 3 The Land Use Plan of the Bozeman Area Master Plan currently designates the property in question to develop as Light Industry. The parcel is presently zoned "M-1 " (Commercial- Light Manufacturing District) . As permitted uses in the "M-1 " District, the request to construct a 30-foot x 101-foot mini-warehouse structure and expand an existing transfer and. storage business would be in compliance with the Bozeman Area Master Plan. (5 ) The proposed use conforms to the standards of this chapter including, but not limited to, density, lot coverage, yards and height limitations as set forth in this chapter, unless otherwise provided for in- this code. The applicant' s proposal complies with the maximum lot coverage, minimum yard requirements, and height limitations established in the Zoning Code. ( 6 ) The proposed use has been duly noticed, a public hearing held in accordance with Section 18. 52.020, and the public has been given sufficient opportunity to be heard upon the matter. Per Section 18. 54. 300 (Minor Planned Unit Development - Summary Review And Approval Procedures) of the Zone Code, the Planning Department shall review the final development plans showing all modifications of the Conditional Use Permit. Upon recommendation of approval by the Planning Staff, a copy of the staff report and final development plan will be sent to each member of the Zoning Commission. A majority of the Commission can request, within three days, that the proposed modification to the Planned Unit Development be reviewed at a public hearing. Conclusion: The Planning Staff has reviewed the application for modification of a Planned Unit Development by Tom and Cecelia Reiner, and has found that it would be• in compliance with the Bozeman Area Subdivision Regulations and Bozeman Zone Code. As a result, the Staff recommends conditional approval of the application with the following attached conditions: 1 . That the applicants comply with the conditions of Zoning Application #Z-85003 regarding asphalt pavement, off-street parking areas, wheelstops, stripping and enclosed refuse area; 2 . That all on-site improvements required by Zoning Application #Z-85003 be installed , or a method of security equal to one and one-half times the amount of the cost of improvements not installed be submitted , to the Planning Office, prior to approval of the modified Final Site Plan; 4 3. If on-site improvements are not installed prior to Final Site Plan approval , the applicants shall enter into a improvements agreement. with the City of Bozeman. Detailed cost estimates, construction plans, and method of security shall be made part of that Agreement; 4. That three copies of the modified Final Site Plan containing all the conditions, corrections, and modifications be submitted for. ' review - and approval - by the Planning Director. A Final Site Plan . must be .approved prior to the issuance of a building permit or j business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained- by the applicant. 5 ! r BOZEMAIV CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 ExL 227 22 June, 1989 i Mr. Don Amos General Building Services, Inc. P.O. Box 1157 Livingston, MT. 59047 RE: Lux Transfer Addition/Lehrkind Addition Dear Don: The Bozeman Planning Office has reviewed your preliminary submittal for additions to Lux Transfer & Storage and Lehrkind Coca-Cola, and as a result provide the following comments: Lux Transfer & Storage 1 . The addition to the Lux Transfer & Storage building may be considered an expansion of the existing use; however, the additional mini-warehouse structure is considered an expansion that increases the commercial density "of the property. Therefore, it is necessary that an application be made for modification of the approved Planned Unit Development per Section 18:54.280 of the Bozeman Zone Code. 2 . Please refer to Section 18.54.250 of the Bozeman Zone Code regarding submittal procedures for P.U.D. 's. 3. The Planning Director, Mr. Andy Epple, has determined that the proposed addition may be reviewed as a minor modification by receiving a Conditional Use Permit for a minor P.U. D. (Section 18. 54. 300) . This requires application for a Conditional Use Permit along with a review fee of $220.00 to the City of Bozeman and ten copies of the site plan showing the proposed addition. 4. The original Conditional Use Permit approved for the development of the property required asphalt pavement between the mini-warehouse structures and designated off-street parking area. In addition, screening for the garbage refuse area was also required. All improvements required by the .Conditional Use Permit must be installed prior to approval of the proposed addition. 5 . In-house review of a minor P.U. D. does not initially require a public hearing before the Zoning Commission and City Commission. However, the Zoning Commission may after June 22, 1989 Page Two Don Amos I review of the Staff Report require a public hearing. Initial review by the Planning Staff should take from two to three weeks before a Staff Report with recommendation can be compiled. Lehrkind Coca-Cola Addition 1 . A site plan (three copies) showing the approximate size and location of the addition must be submitted to this office. I .. 2. The proposed addition may be reviewed as a modification to the Conditional Use Permit approved by the City Commission in April 1985 per Section 18.52 .080 of the Bozeman Zone Code. 3. A formal request for modification of the C.U.P. per Section 18. 52.080 must be submitted to this office prior to any formal review of the proposed addition. Please identify all the specifics of the addition including elevations building height, materials, use, etc. 4. All improvements must be installed per conditions of the Conditional Use Permit prior to approval of the 4 proposed addition. Improvements include additional land- scaping, landscape islands, curbing and screening. A f punch list of improvements will be forthcoming. Please feel free to contact the Planning Office if we can assist you further. S ' erely, i j David P. Sk on Bozeman Planning Office DS/dps t REC T Date 19 2668 Received From ti s -1�p �-- Address .2 4,r ��✓A i �� U V c(✓ -c..e1 41 - �� " � - Dollars $ For Y r- o r 71-P.. ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AMT.PAID CHECK BALANCE MONEY DUE ORDER By SK808 FFMFORM RECAT Date 2668 Received From— Address, fl2a a GV p / y Dollars $ �2�o y y ACCOUNT HOW IP'AID T.OFi-. " , %ACCOUNT "CASH ,. �',AMTyPAID,' ,, ,CHECK y G�B/tIANCEMONEY ;' DUES ORDER �y 00, 8K808 rAMFORM f ' A NO. APPLICATION FOR CONDITIONAL USE PERMIT CITY OF BOZEMAN ZONING COMMISSION c/o City-County Planning Department P. 0. Box 640 BOZEMAN, MONTANA 59715 Telephone No. 586-3321 , Ext. 227 Date 6/29 1989 The undersigned hereby makes application for a Conditional Use Permit pursuant to the requirements of the Bozeman Area Zoning Code. Name of Applicant LUX TRANSFER AND STORAGE, IlQone No. 406-587-5153 Address of Applicant 2400 NORTH 19TH AVE Subject Property Legal Description LOT 4 IN TRACT 6, AND LOT 2 IN TRACT 7 OF GARDNER-SIMMENTAL PLAZA, LOCATED IN EAST J OF SECTION 35 (Use Additional Pages If Necessary) TOWNSHIP 1 SOUTH,19ANGE 5 - EAST, M.P.M. GALLATIN COUNTY MONTANA Subject Property Address 2400 NORTH 19TH AVE BOZEMAN,MT Property Owner Name ( if different than above) TOM AND CECELIA REINER Applicant' s Representative DON AMOS - GENERAL BUILDING SERVICES Representative ' s Address P.O. BOX 1157 Phone 222-S�d� LIVINGSTON, MT Current Zoning M-1 Land Area Sq. Ft. , or 4. 354 Acres Lot Dimensions Describe Existing Easements TEN FOOT UTILITY EASEMENT ALONG WEST BOUNDARY Conditional use to consist of the following : AN ADDITION OF 70 ' X 25 ' X 23 'ONTO THE EXISTING LUX TRANSFER WAREHOUSE,ALSO THE ADDITION OF A 100 'X 30 ' MINI-STORAGE BUILDING TO BE PLACED BETWEEN EXISTING MINI-STG (Use Additional Pages If Necessary) BUILDINGS Any request for variance must be made by separate application and must be approved by the Board of Adjustment prior to the submittal of any application for a Conditional Use Permit. This application must be accompanied by appropriate fee and ten copies of a Site Plan drawn to scale, on paper not larger than 24"x36" including the information specified on attached sheet. APPLICATION IS NOT COMPLETE WITHOUT APPROPRIATE SIGNATURES. APPLICANT CERTIFICATE: I (we) hereby certify that the above information is true and correct to the best of my (our) knowledge. , A& - .APPLICANT 'S SIGNATURE PROPERTY OWNERS CERTIFICATE: (To be signed by Owner , if other than Applicant) As owner of record of the above-described property, I hereby certify that I do not oppose the submittal of this application, and would not object to the proposed -use of said property as described herein. PROPERTY OWNERS SIGNATURE (If other than Applicant) FOR OFFICE USE ONLY Date Received Filing Fee Zoning Comm. Hearing City Comm. Hearing Action Taken `� Action Taken "See Also" Files