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Woodbroak ~ ;RTack 4,. thmCs6he"M 'Subdi v isi QR r 17 Townhou5e May,2, 19 N co m i ! No. 153C HASTINGS. MN•LOS ANGELES LOGAN OR-M<GREGOR.TX V.S.A. e> 1 �4 FILE REVIEW FORM Project approval date: Improvements Agreement Expiration Date: Letter of Credit Expiration Date: Project Inspection Date: Inspected By: Improvements Not Completed: Reinspection Date: Inspected. By: Comments: Final Approval Date: By: log r _ 9:7. _ I g � 4 'I q ► �31. lie X I°O IE 40 X Vo = 4a 67 103 = a881 � = 4 ► � �a0 ' y 9 i�o - 43 x I Q - 43 a1 3q�3 J . I ; -y 0 4 FILE NO. APPLICATION FOR CONDITIONAL USE PERMIT Building Department CITY OF BOZEMAN, MONTANA Telephone No. 586-2360 Date AZ 19_!�yy To The Building Official: o The undersigned hereby makes application for a Conditional Use Permit pursuant to the require- ments of the Bozeman Area Zoning Code. Name of Applicant 14 �4 l ,/C1 t "Phone Phone No. Address of Applicant 2-7 h/,"A/ i ................................................................................................................................................ I ` Subject Property ,/ Legal Description aC,2h/ / (Use Additional Pages If Necessary) Address (if available) Current Zoning° Land Area Sq. Ft., or Acres i o Are any variances being requested? If yes please explain ° o o Conditional use to consist of the following: �--/F�!/L� I.C�E= 0 In addition to the above submit a Plot Plan (Drawn to Scale) on paper not larger than 24" x 24" including the following information: All existing and proposed structures, proposed locations of in- gress and egress, off-street parking arrangement, proposed landscaping and location of all signs. (The lack of any of the above information will only delay this application) FOR OFFICE US ONLY I hereby certify that the above information is true and correct ° Filing Fee and that I am the Owner Owner's Agent Leasee Zoning Comm. He ring of the above described property. Action Taken o u a t w ; ,V4 City Comm. Hearing Action Taken 1� vo Applicant's Signature , IMPROVEMENTS AGREEMENT PHASE IV OF THE WOODBROOK PLANNED UNIT DEVELOPMENT This Agreement, made and entered into this day of 1� fYIP , 1984 , by and between Ken LeClair , i hereinafter called the Developer , and the City of Bozeman, County of Gallatin, State of Montana, acting by and through the Director of Public Service fbr the City of Bozeman, hereinafter called the Director . WHEREAS, it is the intent and purpose of both the Developer and the Director to hereby enter into an Agreement which will guarantee the full and satisfactory completion of all improvements within . the development hereinafter described and by this Agreement to satisfy the improvement guarantee conditions for Conditional Use Permit. THEREFORE, it is covenanted and agreed as follows : This Agreement pertains to and includes that development which -is designated and identified as Phase IV of the Woodb"_rook Planned Unit Development. This Agreement specifically includes the installation of paving, drainage, sanitary sewer- '�'p g, g y ,:-:" .water mains'A within Phase IV as illustrated in Exhibit "A" . All improvements shall be completed and approved by the City prior to release of all financial guarantees by the City of Bozeman and in that event, all improvements required shall be completed by the' Developer prior to March 12th, 1986 .. Performance by the Developer of the covenants set out in this Agreement and in conformance with the time schedule set forth in this Agreement is the essence of this Agreement; accordingly, the Developer expressly understands and agrees that his . failure' to meet the time schedule described herein shall ' be 1 4. i - i I deemed to be .a breach to tYis Agreement. The Developer hereby waives any notice of .breach by him. Upon any breach of this Agreement as herein defined, the Developer shall forfeit the financial guarantee provided with this Agreement (Exhibit "B") in an amount equal to one and one- half (1-1/2) times the estimated cost of construction of any uncompleted project and such financial guarantees shall be used by the City of Bozeman to secure completion and inspection of the construction described herein. This Agreement covers 5 separate projects: paving , drainage, landscaping, sanitary sewer and water mains. Estimated cost of construction for each project are attached hereto as Exhibit "B" and made a part of this Agreement. Landscaping and paving is scheduled for the summer of 1985. As each project is completed , the financial guarantees for that project will be released by the City of Bozeman. This Agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. IN WITNESS WHEREOF, the parties to this greement have executed the same on day and year first ,,a o ritten . IEN" LAIR e FOR WOODBROOK P. U.D. NOTARY PUBLIC FOR THE STATE OF MONTANA Residing at Bozeman Montana My Commission expires April 30, 1985 THE CITY OF BOZEMAN BY CHARD C. HOLMES DIRECTOR OF PUBLIC SERVICE NOTARY PUBLIC rOR THE STATE OF MONTANA Residing . at am am IVft so02Mm My Commission expires a 2 . EXHIBIT B • WOODBROOK PHASE IV STREETS Paving - 13 , 128 sq. ft. Asphalt - 2" thick $ 6 , 480. 00 Gravel - 8" thick 5, 868 . 00 Excavation - 1 ' 972 . 00 Curb - 1466 LF x $8. 00 - 11, 728 . 00 TOTAL: $25, 048. 00 WATER 640 ' of 6" DI @ $20/ft. $12, 800. 00 17 services. @. $200/ea . 3 , 400. 00 Tapping tee and street cut 2, 500. 00 l new hydrant 1 , 500. 00 TOTAL: $20, 20.0. 00 SANITARY SEWER 610 ' of 8" PVC ' @ $20/ft. $1.2, 200. 00 250 ' of 4" PVC @ $1r5%ft. 3 , 750. 00 4 manholes @ $1500/ea . 6, 000. 00 1 cleanout 250. 00 TOTAL: $22, 200. 00 ENGINEERING e BOZEMAN { CITY COUNTY I PLANNING BOARD I 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONTANA,59715 PHONE:(406)586-3321 I i July 5, 1984 Corbin Ross 311 N. Plum Avenue Bozeman, MT 59715 Dear Corbin, al The purpose of this letter is to inform you that the final site l plans for Phase IV of the Woodbrook P.U.D. have been reviewed . However , it- has been de-termined that some of - the conditions - required by the City Commission have not been met. Comment on Item #1 of those conditions, will be reserved until the variance request has been acted upon by the Bozeman Zoning Board of Adjustments. The requirements of Condition #4 have not been satisfied. Fire hydrants have not been illustrated on the final site plans and approval has not been received from the Fire Department. Item #5 has not been addressed. The width of the -drive areas, where vehicles will back, has not been increased to 26 ' as we discussed in my office. Items #10 and 11 need to be checked and approved by the City Engineering Officer , Neil Mann . These conditions must be met before final site plans can be approved . If you have any questions, please don ' t hesitate to contact the Planning Office. Hope you had a good 4th ! Sincerely, Mike Mone?14V Senior Planner MM/nh cc: Ken LeClair 011ie Ellison I I I I 0IBo2� THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 * _ * BOZEMAN. MONTANA 59715-0640 26 June 1984 CO. Ken LeClair & Oliver Ellison Woodbrook 1717 South Black Avenue #57 Bozeman, MT 59715 Dear Mr. LeClair & Ellison: On June 22, 1984 you made application for a Building Permit to add decks to the new townhouses on a tract of land in Block 4, Thompson's 4th Addition. Said property being located at 1717 South Black Avenue in the City of Bozeman, Montana. Upon examination of the application I find the proposal does not provide for the minimum requirements of the Bozeman Area Zoning Code as found in Section 18.50.220 of Chapter 18 of the Bozeman Municipal Code. Inasmuch as the minimum requirements of the Bozeman Area Zoning Code are not provided for in that some of the proposed decks are encroaching on the thirty five foot Water Course setback, I have no alternative but. to deny your application for permit and this letter is to serve as official notice your application is denied. Yours truly, CITY OF BOZEMAN Gene Yde Building Official HOME OF MONTANA STATE UNIVERSITY r- - i BEFORE THE BOARD OF ADJUSTMENT CITY OF BOZEMAN NOTICE OF HEARING PUBLIC NOTICE is hereby given to all persons that a public hearing will be held on July 9, 1984, at 1:30 p.m. in the Commission Room, Municipal Building, Bozeman, Montana relative to a proposal by Oliver Ellison and Ken LeClair for Woodbrook Development to vary the terms of the Bozeman Area Zoning Code on the following described - - real property, to-wi-t: a tract of land in Block 4, Thompson's 4th - Addition, commonly known as 1717 South Black Avenue in the City of Bozeman, Montana. This proposal would violate Title 18 of the Bozeman Municipal Code of the City of Bozeman in that the proposed decks would encroach on the thirty five foot Water Course setback. All persons interested are invited to attend said hearing and be heard. Dated at Bozeman, Montana this 29th day of June, 1984. ELEANOR GOVER, Secretary sa+ STREET PLI BOARD OF ADJUSTMENT W •:•w•:•:•::•••'•'•':.::•: .fit t tl BOARD OF ADJUSTMENT CITY OF BOZEMAN MONTANA Re: Appeal Application #B-84-31 Dear Property Owner: A request for a variance from the- provisions of the Bozeman Area Zoning Code has been filed with the Board by Oliver Ellison and Ken LeClair for Woodbrook Development, 1717 South Black Avenue #57. The property in question is situated in the R-3 District and is located in Phase 4 of Woodbrook Development. The request, if granted, would permit the applicant to add decks to some of the structures. Said decks would encroach on the thirty five foot Water Course setback. The Board of Adjustment will hold a public hearing on this application on July 9, 1984 at 1:30 p.m. in the Commission Room, Municipal Building, at which time you may express your views on the matter in person, by writing to this Board, or by council . Yours truly, CITY OF BOZEMAN Eleanor Gover, Secretary Board of Adjustment MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN , MONTANA June 25, 1984 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 25, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with. the Pledge of Allegiance and a moment of silence. The minutes of the regular meetings of December 5, 1983, and June 18, 1984 were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for :discussion. Decision - Conditional Use Permit - Ken LeClair - allow construction of seventeen townhouse units in Blockompson s' FourthAddition (Woodbrook Townhouses) This was the time and place set for the decision on the Conditional Use Permit re- quested by Ken LeClair to allow construction of seventeen townhouse units in Block 4 of Thompson's Fourth Addition: This project is more commonly known as Phase IV of the Wood- brook Planned Unit Development and is more commonly located in the northeast corner of the intersection of South Tracy Avenue and Hoffman Drive. City Manager Wysocki stated the Commission conducted the public hearing on this Conditional Use Permit at last week's meeting. He then concurred in the Zoning Com- mission's recommendation that the Conditional Use Permit be approved, subject to fifteen :onditions. Commissioner Jordan suggested that Condition No. 2 be revised. to state that side- walks will not be required at this time, but the developer must sign a waiver of protest of _ creation of an SI.D for installation of sidewalks in the future. Commissioner Anderson stated the Commission has recently adopted a policy requiring installation of sidewalks in all new developments and should not waive that policy. She also stated she feels sidewalks would be a public benefit in that area. Commissioner Vant Hull stated she feels installation of sidewalks may encourage other property owners in the area to install sidewalks. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the i Conditional Use Permit requested by Ken LeClair to allow construction of seventeen 06-25-84 townhouse units in Block 4 of Thompson's Fourth Addition be approved, subject to the fol- lowing conditions: 1 . .That concrete and wooden decks and patios not -be constructed within the 35 foot stream setback area. All decks, patios, etc. , must be illustrated on the final site plans. 2. That sidewalks be installed to City standards along Hoffman Street and South Tracy Avenue. 3. That the existing rights-of-way be kept free of berming and land- scaping. That the location of needed fire hydrants be reviewed and approved by the Fire Chief and Public Service Director. NOV 5. That the width of the drive area be increased to 26 feet in those ar- eas that will have vehicles backing into that facility. ' 6. That the northern-most drive be designed and constructed to provide �U adequate room for vehicles backing out of the northern-most drive-. way. l 7/. That additional landscaping be utilized to soften the effect the north- ern drive area will have on Phase I . �. That the final site plan not be approved until the applicant has re- . ceived preliminary subdivision plat approval. 9. That the garbage collection system be reviewed and approved by the Street Superintendent prior to final site plan approval: 0. That the water, sanitary sewer, drainage and paving plans be re- viewed and approved by the Engineering Officer prior to final site plan approval. 11 . That all planned activity to occur within the 100-year floodplain be �L reviewed and approved by the Engineering Officer prior to final site plan approval. 12. That the developer enter into an Improvements Agreement with the City of Bozeman. If occupancy is to occur prior to the installation of all scheduled improvements, the developer shall provide a method of security equal to one and one-half (11) times the estimated cost of the remaining improvements. Said agreement shall include detailed plans and specifications of all improvements, cost estimates and final site plans. 13. That three (3) copies of the final site plan containing all the con- ' ditions, corrections and modifications approved by the City Commis- sion be submitted for review and approval by the Planning Director within six (6) months of the date of the City Commission approval and prior to issuance of a building permit for the project. One (1 ) signed copy shall be retained by the Building Division; one (1 ) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 14. All on-site improvements (i.e. , paving, landscaping, etc. ) shall be completed within eighteen (18) months of the approval of the Condi- tional Use Permit as shown on the approved final site plan. 15. The Conditional Use Permit shall be valid for a period of only eigh- teen (18) months following approval of the use. Prior to the perma- nent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report will be made to the City Commission for their action. If all ,required conditions have been sat- isfied, the permit will be permanently renewed. 06-25-84 i The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Decision - Conditional Use Permit - Audie Collins - allow construction of an auto and ser- vice repair business on Lot 25C, Amendedat of Lot 25 of Gordon Mandeville tat- cool Section Subdivision (northeast corner of intersection of Lea Avenue and Griffin rive This was the time and place set for the decision on the Conditional Use Permit re- quested by Audie Collins to allow construction of an automobile and service repair business on Lot 25C, Amended Plat of Lot 25 of the Gordon Man eville State School Section Subdivi- sion. This site is more commonly located at the northeast corner of. the intersection of Lea Avenue and Griffin Drive. City Manager Wysocki stated the Commission conducted the public hearing for this Conditional Use Permit at last week's meeting. He then concurred in the Zoning Com- mission's recommendation that the Conditional Use Permit be approved, subject to twelve conditions. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Audie Collins to allow con- struction of an automobile and service repair business on Lot 25C of Amended Plat of Lot 25 of Gordon Mandeville State School Section Subdivision, subject to the following conditions: 1 . That sanitary sewer plans be reviewed by the Public Service Director and Engineering Officer prior to final site plan approval. .2. That a 25 foot setback be provided off Griffin Drive. 3. That two curb cuts be utilized to service the property. Their lo- cation and design must be reviewed and approved by the Engineering Officer prior to final site plan approval. 4. That the final site plans contain a typical section illustrating the type of curbing and the depth of paving and subbase to be provided. 5. That the drainage plans be reviewed and approved by the City Engi- neering Officer prior to final site plan approval. 6. That exterior security lighting be provided for the off-street parking area. 7. That adequate irrigation be provided to ail landscaped areas. 8. That the property be limited to the use of one sign. - Said sign shall be.,nonluminous and nonreflective in nature. 9. That the developer enter into an Improvements Agreement with the City of Bozeman. If occupancy is to occur prior to the installation of all scheduled. improvements, the developer shall provide a method of security equal to one and one-half (11) times the estimated cost of the remaining improvements. Said agreement shall include detailed plans and specifications of all improvements, cost estimates and final site plans. 10. That three (3) copies of the final site plan containing all the con- ditions, corrections and modifications approved by the City Commis- sion be submitted for review and approved by the Planning Director 06-25-84 06, �y :Public hearing - Conditio !Ose Permit - Ken LeClair - all000nstruction of seventeen townhouse units in Block 4, ompson's Fourth Addition (Wood b rook- own houses This was the time and place set for the public hearing on the Conditional Use Permit -equested by Ken LeClair to allow construction of seventeen townhouse units in Block 4 of hompson's Fourth Addition. This project is more commonly known as Phase IV of the Wood- crook Planned Unit Development. Mayor Weaver opened the public hearing. 06-18-84 • -10- • Assistant Planner Mike Money presented the Staff Report. He noted this application replaces the original plans for Phase IV of Woodbrook, which included professional office space. The Assistant Planner indicated that three units in this phase will not be allowed to have decks because they would fall within the 35-foot setback from streambanks. He also noted the Zoning Commission has recommended that sidewalks be required 2long Hoffman Street and South Tracy Avenue along the project. He noted the Woodbrook PUD covers the ,ntire area and indicated this would be the only section of sidewalk required for the entire project. Assistant Planner Money then stated the Zoning Commission has recommended ap- proval of the Conditional Use Permit, subject to fifteen conditions. Commissioner Vant Hull asked if the applicant could apply to the Board of Adjust- ment for a variance to the 35-foot setback from streambanks to allow decks on the three ,snits. The Assistant Planner indicated that the Board of Adjustment is the only body which may grant a variance to the Zone Code; and the applicant could submit a request for a variance if he so desires. Mayor Weaver noted the required section of sidewalk will not connect. to any existing sidewalk at this time and suggested that the Commission may wish to address this item in view of its recently-adopted policy to require sidewalks in all new developments. Assistant Planner Money noted that sidewalks provide for pedestrian traffic and cir- culation and for the safety of children. He stated several developers have questioned whether sidewalks should be required when they only run from property line to property line. He then suggested that a sidewalk plan for the entire city might be beneficial when considering the various individual requests. He noted the existing or proposed density could be considered during development of a plan. The Assistant Planner then stated the developer has been willing to work with the Planning Staff through the various phases of this PUD. He indicated the Planning Staff feels this total project is a nice addition to the city; and they use it as a model when show- ing people the community. Mr. Corbin Ross; Architect representing Mr. LeClair, stated the applicant is willing to accept Condition Nos. 3 through 15 as recommended by the Zoning Commission. He in- -Jicated the applicant does not feel that Condition No. I , concerning decks and patios within the 35-foot setback from streambanks, and Condition No. 2, concerning installation of side- talks, should be imposed on this phase of the PUD. Mr. Ross noted this phase has been approved through the Conditional Use Permit )rocess, but has been changed from, containing twelve townhouse units and two commercial uildings to contain seventeen townhouse units. He stated this project was started several 06-18-84 years ago, and he feels this phase should be grandfathered in rather than required to meet the 35-foot setback from streambanks. City Attorney Crumbaker-Smith stated the Board of Adjustment is the only body which may consider a variance to the Zone Code. She noted this item must be presented to them for consideration, not the City Commission. Mr. Ross then stated he feels the requirement for installation of sidewalks should not be imposed on this phase of the PUD, but that it should be grandfathered in. He once again noted construction of the project was started several years ago; and the requirement for installation of sidewalk has not been imposed on any of the first three phases. He stated if a city-wide requirement for installation of sidewalks is imposed, the developer is willing to install the sidewalks at that time. Commissioner Jordan indicated that no other developer has been required to install sidewalks in that immediate area and suggested that the Commission may consider waiving this requirement. He then suggested that if the Commission decides not to require sidewalks at this time, it may wish to require a waiver of protest of an SID for installation of side- walks in the future. Mayor Weaver noted the Commission may wish to consider eliminating the recommended zondition which requires installation of sidewalks on this application only. Mr. Ken LeClair was present and asked what steps remain for this phase of the PUD. Assistant Planner Mike Money answered his questions, indicating that the Preliminary Plat must be approved prior to installation of footings and foundations or issuance of any )uilding permits. No one was present to speak in opposition to the ,requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. h r goo G4 /2 — ,i OIa - �Zo_Zloa. - -- �,�1���6 PSG � /� � 3i SSG• _. le s it • RESOLUTION OF THE BOZEMAN CITY ZONING COMMISSION ACTING ON AN APPLICATION' FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (WOODBROOK) LOCATED IN BLOCK 4 THOMSON`'S FOURTH ADDITION APPLICANT - KEN LeCLAIR WHEREAS, the City of Bozeman and the Gallatin County Commissioners have adopted a Master Plan pursuant to 76-1-604, M.C.A. , 1979; and WHEREAS, the Bozeman Zoning Commission has been created by Resolution of the Bozeman City Commission .as provided for in Title 76-2-307 , M.C.A. , 1979; and a jurisdictional area created under 76-2-3.10 , M.C .A. , 1979; and WHEREAS, the proposed site of the Conditional Use Permit Application lies within the said jurisdictional area of the Bozeman Zoning Commission and the request is in accordance with the adopted Master Plan; and WHEREAS, the proposed Conditional Use Permit Application has been properly submitted, reviewed and advertised in accordance with the procedures of Section 18. 52 . 020 and 18 . 52 . 030 of ' the City of Bozeman Zoning Code . NOW, THEREFORE, BE IT RESOLVED, that the Bozeman Zoning Commission recommends to the Bozeman City Commission that the Conditional Use Permit Application be conditionally approved pursuant to the following conditions. CONDITIONS 1. That concrete and wooden decks and patios not be constructed within the 35 ft.. stream setback area. All decks , patios, etc . , must be illustrated on the final site plans. 2 . That sidewalks be installed to City standards along Hoffman Street and South Tracy Avenue, 3 . That the existing rights-of-way be kept free of berming and landscaping. 4 . That the location of needed fire hydrants be reviewed and approved by the Fire Chief and .Public Service Director. 5. That the width of the drive area be increased to 26 ft. in those areas that will have vehicles backing into that facility.. 6 . That the northern-most drive be designed and constructed to provide adequate room for vehicles backing out of the northern- most driveway, 7 . That additional •landscaping be utilized to soften the effect the northern drive area will have on Phase I . 1. 8. That the final site plan not be approved until the applicant has received preliminary subdivision plat approval. 9. That the garbage collection system be reviewed and approved by the Street Superintendent prior to final site plan approval. 10. That the water, sanitary sewer, drainage and paving plans be reviewed and approved by the Engineering Officer prior to final site plan approval. 11. That all planned activity to occur within the 100 yr. fl�oodplain , be reviewed and approved by the Engineering Officer prior to final site plan approval . 12: That the developer enter into an improvements agreement with the City of Bozeman. If occupancy is to occur prior to the installation of all scheduled improvements, the developer shall provide a method of security equal to one and. one-half (.13-2) times the estimated cost of the remaining improvements. Said agreement shall include detailed plans and specifications of all improvements, cost estimates, and final site plans . 1:3 . That three (_3) copies of the final site plan containing all the conditions , corrections and modifications approved by the City Commission be submitted for review and approval by the Planning Director within six (6) months of the -date of the City- Commission approval and prior to issuance -of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director , and one (.1) signed copy shall be retained by- the applicant. 14. All on-site improvements (.i.e. , paving, landscaping, etc. ) shall be completed within eighteen (1.8) months of' the approval of the conditional use permit as shown on the approved final site plan. 15. The conditional use. permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the .applican.t must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report-.will- be made to. the City Commission for their action. If all. required conditions have been satisfied, the permit will be: permanently renewed. Dated this 22nd day of May, 1984 Resolution No. ZC 84-23 STEVE LERE, . PLANNI.NG DIRECTOR ROGER. L. CRAFT� 'CHAI1RX N BOZEMAN CITY-COUNTY PLANNING BOZEMAN CITY ZQNI.N6 C0KMTS5I,ON BOARD 2 . BOZEMAN CITY ZONING COMMISSION PLANNING STAFF REPORT ITEM: Conditional Use Application for a Residential Planned Unit Development APPLICANT: Corbin Ross, for Mr . Ken LeClair DATE: May 22 , 1984, 7 P.M. , Bozeman City Library REPORT BY: Mike Money, Senior Planner LOCATION/DESCRIPTION The applicant is requesting approval to construct a 17 unit residential Planned Unit Development on a portion of Block 4 of Thompson ' s 4th Addition to the City of Bozeman. It is more commonly located at the corner of South Tracy Avenue and Hoffman Street. Please refer to the location map. A STREET Ll ' i The proposal is the last phase needed to complete the development of the Woodbrook Townhouse P.U.D. The area in question was originally approved for a commercial office area . Since the applicant is requesting a major change to the original proposal , approval must be granted by the Bozeman City Commission for a conditional use permit. STAFF COMMENT Recently, a question has been raised concerning the extension of 1 . r 1 I i decks and patios into the 35 ft. stream setback area . The development was originally approved prior to the adoption of the stream bank ordinance . Because of this, buildings and decks were approved to be located within the 35 ft. setback area . However , since the applicant must seek re-approval due to the change in land use and layout, the 35 ft. ' setback requirement must be enforced . The question has been raised with previous applications in relation to the extension of decks, porches, patios, etc . , in the setback area. The ordinance as adopted by the Bozeman City Commission does not allow the extensicn of such structures into the setback nor does it allow the varying of this requirement without approval of a variance request by the Bozeman Zoning Board of Adjustments . Conversations with the applicant have revealed decks or patios are planned for all units. A statement confirming this observation is included on the site plans. It states "All units to have decks, wood or concrete, enclosed by privacy fence" . Hot tubs (owner ' s option) and sun rooms to be 35 ' from creek. The 35 ft. setback will preclude the use of patios or decks on. 4 units, one of which may have its deck on the side of the unit rather than the rear . The size and location of these facilities must be illustrated on the final site plan and as stated earlier may not extend into the 35 ft. stream setback. The site plan does not provide for any sidewalks along Hoffman Street or South Tracy Avenue. The City Commission has established a general policy that all residential projects reviewed by them will provide sidewalks or pedestrian walkways. To be in compliance with this policy, sidewalks will need to be installed along the rights-of-way of both Hoffman and Tracy. The sidewalks must- be constructed to meet the City' s minimum standards. The application also shows that earth berming and plantings are to be placed within the adjoining street rights-of-way. These need to be relocated so as to not encroach within these areas . The proposal does not provide for any fire hydrants. Section 18 . 54 . 200 of the Zoning Ordinance states that fire hydrants and connections shall be installed as required by the City Commission and shall be approved by the chief of the local fire district. It has been city policy that no residence should be further than 150 ft. from the nearest hydrant and that hydrants not be further than 300 ft. apart. Fire hydrants need to be installed to service the project. Their location and type should be reviewed and approved by the Fire Chief and Public Service Director , prior to final site plan approval . The Staff questions whether or not the northern-most unit will have room for backing manueuvers to exit the driveway. The parking chapter of the Zoning Regulations requires a 26 Et. width for all two way parking aisles. Therefore, all drive areas in which backing is to occur needs to have the width increased to 26 feet. 2 • • , . � _ , . r f r � • � � r i � �-� i � � � � � f _ .. . w , � � � - � . . � _. •� . . .. � ,. � � � r � � [ .� � � � � � � � a i _ * � _ � � � v . � _ �' . _ � � • � � � � r r ' � r � � � � ' t � � i . .� f c � � � ` r iI _ r -. , .� .. - � r � � - f _� c • • The northern-most drive area borders Phase I of the development. Consideration should be given to the residents of Phase I in regards to the visual impact it may have. The Staff encourages the developer to soften the effect the activity may have on the existing residents by providing added landscaping. The applicant has not yet applied for subdivision approval. There are two stages of review that must be accomplished before the final site plan may be approved. The applicant must receive pre-application approval , which is an in-house review. Once a conceptual and procedural approval is granted , he may proceed with a preliminary plat application which requires review by both the Planning Board and City Commission. Once subdivision approval is granted , the site plan may be submitted for approval by the Planning Director . As stated earlier in this report, this is the last phase to be constructed for the Woodbrook Townhouse P. U.D. The development of this project has been stretched over a period of years . Its style, density, design and quality are pleasing additions to the neighborhood as well as the community. The Staff compliments the developer ' s efforts and willingness to incorporate such quality into his plans. STAFF FINDINGS The Staff has reveiwed the proposed project and as a result finds it to be in general compliance with the Bozeman Zoning Regulations . If the Zoning Commission is to recommend its approval to the Bozeman City Commission, the Staff recommends the following conditions be attached . 1. That concrete and wooden decks and patios not be constructed within the 35 ft. stream setback area . All decks, patios, etc . , must be illustrated on the final site plans. 2. That sidewalks be installed to City standards along Hoffman Street and South Tracy Avenue. 3. That the existing rights-of-way be kept free of berming and landscaping . 4. That the location of needed fire hydrants be reviewed and approved by the Fire Chief and Public Service Director . 5. That the width of the drive area be increased to 26 ft. in those areas that will have vehicles backing into that facility. 6. That the northern-most drive be designed and constructed to provide adequate room for vehicles 3 • • I � - , , r ., � �� 1 � . . r } .� e r'. �� r , 'r d ' - f � f r f t i,'� I� - � r� _ � � f . �. f. � � , _ � r _ � .� � � .. r � f � s t ( -s � f �� i l � � r a i { r r r r r � e � - 1 � � c � _ � ' !. i r .. .- _ ' f � .. � - � • � ` r �� 1 _ _ ' � � - � backing out of the northern-most driveway. 7. That additional landscaping be utilized to soften the effect the northern drive area will have on Phase I . 8. That the final site plan not be approved until the applicant has received preliminary subdivision plat approval . 9. That the garbage collecton system be reviewed and approved by the Street Superintendent prior to final site plan approval . 10. That the water , sanitary sewer , drainage and paving plans be reviewed and approved by the Engineering Officer prior to final site plan approval . 11. That all planned activity to occur within the 100 yr . floodplain be reviewed and approved by the Engineering Officer prior to final site plan approval . 12. That the developer enter into an improvements agreement with the City of Bozeman. If occupancy is to occur prior to the installation of all scheduled improvements, the developer shall provide a method of security equal to one and one-half (1-1/2 ) times the estimated cost of the remaining improvements. Said agreement shall include detailed plans and specifications of all improvements, cost estimates, and final site plans . 13 . That three (3 ) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approval by the Planning Director within six (6) months of the date of the City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director , and one (1) signed copy shall be retained by the applicant. 14 . All on-site improvements ( i.e. , paving , landscaping , etc. ) shall be completed within eighteen (18) months of the approval of the conditional use permit as shown on the approved final site plan. 15. The conditional use permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on- site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied , the permit 4 • .� P r I � r _ e . � .. i . _ i v . ' I i ,, r � � ` I • � � . � � i r • � � r � - � _ . � � � � � � � � �. .. r _ � .> r � (r. ' � � r a < _ � � � r , � , • .� f will be permanently renewed. MM/nh 5 BOZEMAN CITY ZONING COMMISSION PLANNING STAFF REPORT ITEM: Conditional Use Application fora Residential Planned Unit Development APPLICANT: Corbin Ross , for Mr . Ken LeClair DATE: May 22 , 1984 , 7 P.M. , Bozeman City Library REPORT BY: Mike Money, Senior Planner LOCATION/DESCRIPTION The applicant is requesting approval to construct a 17 unit on a P residential Planned Unit Development portion of Blo 4 of Thompson ' s 4th Addition to the City of Bozeman . It is more commonly located at the corner of South Tracy Avenue and Hoffman street. Please refer to the location map. $®peg A TRCCT l.: i i 6� The proposal is the last phase needed to complete the development of the Woodbrook Townhouse P.U.D. The area in question was originally approved for a commercial office area . Since the applicant is requesting a major change to the original �Q proposal , approval must be granted by the Bozeman City Commission �(\ for a conditional use permit. STAFF COMMENT Recently, a question has been raised concerning the extension of 1 r , decks and patios into the 35 ft. stream setback area . The development was originally approved prior to the adoption of the stream bank ordinance . Because of this, buildings and decks were �( approved to be located within the 35 ft. setback area . - However , since the- applicant must seek re-approval due. to the change in land use and layout, the 35 ft. setback requirement must be enforced . The question has been raised with previous applications in relation to the extension of decks, porches , patios , etc . , in the setback area . The ordinance as adopted by the Bozeman City Commission does not allow the extension of such structures into the setback nor does it allow the varying of this requirement without approval of-_ a variance request by the Bozeman Zoning Board of Adjustments . Conversations with the applicant have revealed decks or patios are planned for all units. A statement confirming this observation is included on the site plans . It states "All units to have decks, wood or concrete, enclosed by privacy fence" . Hot tubs (owner ' s option) and sun rooms to be 35 ' from creek. . The 35 ft. setback will preclude the use of patios or decks on 4 units, one of which may have its deck on the side of the unit rather than the rear . The size and location of these faci-lities must be illustrated on the final site plan and as stated earlier may not ex n�Tn o �" stream setback. The .site plan does not provide for any sidewalks along Hoffman Street or South Tracy Avenue . The City Commission has _ established a general policy that all residential projects reviewed by. them will provide sidewalks or pedestrian walkways . G]� To be in compliance with this policy, sidewalks will need to be installed along the rights-of-way of both Hoffman and Tracy. The sidewalks must be constructed to meet the City ' s minimum standards . The application also shows that earth b e r m i n g a n d-plan-inaa are to be placed within the adjoining street rights-of-way. These need to be re oca encroach within these areas . The proposal does not provide for any fire hydrants. Section r ' 18 . 54 . 200 of the Zoning Ordinance states that fire hydrants and �( connections shall be rns*�� 1-2a�-ue_q fired b t e City Commission and shall be approved by the chief of the local -ire district: I-t—""has been city policy that no residence should be further than 150 ft. from the nearest hydrant and, that hydrants not be further than 300 ft. apart. Fire hydrants need to be installed to service the project. Their location and type should be reviewed �t and approved by t NCIire Chie nd Public Service Director , prior to final site plan app The Staff questions whether or not the northern-most unit. will have room for backing manueuvers to exit the driveway. The ¢,t parking chapter of the Zoning Regulations requires a 26 ft width for all two way parking aisLe-a-. Therefore, all drive areas in wh-i-EF backing is to occur needs to have the width increased to 26 feet. 2 • The northern-most drive area borders Phase I. of the development . Consideration should be given to the residents of Phase I in regards .to the visual impact. it may have. The Staff encourages the clever to soften the effect the activity may ave existing residentG by prove ing a e lan scaeina_. The applicant has not yet applied fo subdivision approval . rp There are two stages of review that must be accomplished before the final site plan maybe approved . The applicant must receive pre-application approval , which is an in-house review. Once a Q conceptual and procedural approval is granted , he may proceed with a preliminary plat application which requires review by both the Planning Board and City Commission. Once subdivision �r►�` ,,s`' approval is granted , the site plan may be submitted for approval by the Planning Director . As stated earlier in this report, this is the last phase to be constructed for the Woodbrook Townhouse P. U. D. The development 1 of this project has been stretched over a period of years . Its style, density, design and quality are pleasing additions to the neighborhood as well as the community. The Staff compliments the V� developer ' s efforts and willingness to incorporate such quality into his plans . STAFF FINDINGS The Staff has reveiwed the proposed project. and as a result finds it to be in general compliance with the Bozeman Zoning Regulations . If the Zoning Commission is to recommend its approval to the Bozeman City Commission, the Staff recommends the following conditions be attached . 1. That concrete and wooden decks and patios not be constructed within the 35 ft. stream setback area . All decks , patios , etc . , must be illustrated on the final site plans. 2. That sidewalks be installed to City standards along Hoffman Street and South Tracy Avenue. 3. That the existing rights-of-way be kept free of berming and landscaping . .4 . That the location of needed fire hydrants be reviewed and approved by the Fire Chief and Public Service Director . 5. That •th-e width of the drive area be increased to 26 ft. in those areas that will have vehicles backing into that facility. 6. That the northern-most drive be designed and constructed to provide adequate room , for vehicles 3 backing out of the northern-most driveway. 7. That additional landscaping be utilized to soften the effect the northern drive area will have on Phase I . 8. That the final site plan not be approved until the applicant has received preliminary' subdivision plat approval . 9. That the garbage colle'cton system be reviewed and approved by the Street Superintendent prior to final site plan approval . 10 . That the water , sanitary sewer , drainage and paving plans be reviewed and approved by the Engineering Officer prior to final site plan approval . 11. That all planned activity to occur within the 100 yr . floodplain be reviewed and approved by the Engineering Officer prior to final site plan approval . 12. That the developer enter into an improvements agreement with the City of Bozeman. If occupancy is to occur prior to the installation of all scheduled improvements, the developer shall provide a method of security equal to one and one-half (1-1/2 ) times the estimated cost of the remaining improvements. Said agreement shall include detailed plans and specifications of all improvements, cost estimates, and final site plans . 13 . That three (3 ) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and , approval by the Planning Director within six (6) months of the date of the City. Commission approval and prior to issuance of a building permit for the project. One (1 ) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director , and one (1) signed copy shall be retained by the applicant. 14 . All on-site improvements ( i.e. , paving , landscaping , etc . ) shall be completed within eighteen (18 ) months of the approval of the conditional use permit as shown on the approved final site plan. 15. The conditional use permit shall be valid for a . period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period , the applicant must satisfy all the conditions in the granting of the permit . An on- site inspection will be made, and a .report will be made to the City Commission for their action . If all required conditions have been satisfied , the permit 4 will be permanently renewed. MM/nh 5 AGENDA ITEM NO. 6 - CONDITIONAL USE REQUEST FOR PLANNED UNIT DEVELOPMENT (W BROOK) - Applicant - Ken Clair . The request would allow construction of 17 townh use units in Block 4 , Thomson' s Fourth Addition: Mike Money gave the presentation explaining that this is Phase IV of the Woodbrook Development. The major item of concern is the 35 foot setback from the existing stream. The City Attorney has interpreted the requirement and has stated the only way the applicant can _receive a variance is -to go before the Board of _ Adjustments. Mr . Money discussed the sidewalks required by the City as a concern of the applicant due to the fact that other phases of the development have not been required to provide sidewalks . Mr . LeClair would like to see the City address this issue more com- pletely so that the sidewalks will eventually end up going somewhere. Fire hydrants must be provided as required by the City Ordinance, Section 18 . 54. 200. The off-street parking section of the Zoning Code requires a two- way parking aisle to be 26 ft. in width. The site plan shows 20 ft. is to be provided . However , the developer would like to leave this width as he has provided 6 ft. of landscaping on the sides of the aisle which adds to the esthetics as well as provides adequate room for pulling in and out of drives . Mr . Money suggested the Commission use their judgment to interpret the 26 ft. requirement. Otherwise, the Staff recommends widening the aisle to 26 ft . The Staff would encourage the developer to soften the effect the northern - driveway will have on the existing residential units by using a fence or landscaping . Mr . Money indicated this is a townhouse request and as such it must go through the subdivision review process . If approved , as a major subdivision , it requires approval by the Planning ' Board before being adopted by the City Commission. Mr . Money complimented the developer on a this proposal as well as his other projects as being a "model" development anc a fine contribution to the City. 8 The Staff recommended approval of the proposal with the following conditions. 1. That concrete and wooden decks and patios not be constructed within . the 35 ft. stream setback area and must be illustrated on the final site plans . 2 . That sidewalks be installed to City standards along_ Hoffman Street and S . Tracy Ave . 3. . That the existing rights-of-way be kept free of berming and lanscaping . 4 . That the location of needed fire hydrants be reviewed and approved by the Fire Chief and Public Service Director . 5.. That the width of the drive area be increased to 26 ft. in those areas that will have vehicles backing into that facility. 6. � That the northern-most drive be designed and constructed to provide adequate room for vehicles backing out . 7. That additional landscaping be utilized to soften the effect the northern drive will have on Phase I . 8. That final site plan not be approved until the applicant has received preliminary subdivision plat approval . 9. That the garbage collection system be reviewed and approved by the Street Superintendent prior to final site plan approval . 10. That the water , sanitary sewer , drainage and paving plans be reviewed and approved by the Engineering Officer prior to final site plan approval . 11 . That all planned activity to. occur within the 100 year floodplain be reviewed and approved by the Engineering Officer prior to final site plan approval . 12 . That the developer enter into an improvements agreement with the City. 13 . That three (3 ) copies of the final site plan approved by the City Commission be submitted for review and approval by the Planning Director within 6 months of City approval . 14. All on-site improvements shall be completed within 18 months of approval of the conditional use permit. 15. The conditional use permit shall be valid for a period of only eighteen (18 ) months. Prior to permanent renewal of permit the applicant must satisfy all conditions in the 9 granting . QUESTIONS FOR MR. MONEY: Ted Metzger asked what the distance was from the first few struc- tures of the complex to the creek. Mr . Money indicated this distance to be from 35 to 50 feet in those cases .. PRESENTATION OF THE APPLICANT: Corbin Ross spoke on behalf of the applicant . He said since the last submittal there have been some changes being required of the developer , when the original intent of the development had not been changed . Those are sidewalks and 35 ft. setbacks regarding the decks and patios . Ken LeClair has worked very closely with Jerry Wells of the Fish and Game Commission to provide an _ _acceptable and nice - development. The developer has already planted 50-75� trees and bushes to enhance the area around the - stream . (35 ft . ) Mr . Ross asked for consideration of the Board for approval . Mr . Ross requested a clarification of the sidewalk issue as to whether it was required of this phase only. . Mike Money responded that this requirement did not affect other phases of the development because the policy was approved after those phases were reviewed and approved . Corbin Ross questioned the need for a conditional use permit. Roger Craft then asked the Staff whether they, in fact, could approve the changes in the plans as the original intent of the developer had not changed . Mr . Money replied that the Zoning Code specifies the Staff may approve "minor and insignificant changes" only. PUBLIC PORTION OF THE HEARING WAS OPENED. Lowell Springer said he was the original architect on the Woodbrook project and also pointed out the quality involved . He suggested that special consideration be given to the request of extending the decks and patios as the value of the project speaks for itself. He also pointed out that the parking aisles being 20 ft. with a 6 ft . landscape border would help to control any parking problem. He felt that the developer was not changing the original intent of the proposal and that should be taken into consideration . Steve Lere added that the decks and patios had not been illus- trated on the original plans and the City Attorney suggested the only legal method to proceed with that request was to go through the Board of Adjustments . 10 t` Mr : LeClair said that he actually could construct the project as originally approved , but that the changes he made ( i .e . , eliminating the commercial buildings) enhanced the quality of the project due to the elimination of the parking lots. THE PUBLIC PORTION OF THE HEARING WAS CLOSED. MOTION: Bob Soper recommended that the Commission approve the request subject to the conditions of the Staff. The motion was seconded by Ted Metzger . The Board was polled and the motion passed as follows : Yes : Jeff Rupp, Bob Soper , Ted Metzger , Roger Craft; No : None . Bo2� THE CITY OF BOZEMAN ti 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 * s --- BOZEMAN, MONTANA 59715-0640 9ti .--88-====� May 17, 1984 co.tll0 TO: Mike Money, Assistant Planner FROM: Neil Mann, Engineering Officer RE: Woodbrook - Phase IV ----------------------------------------------------------- I have reviewed the site plan prepared by Corbin Ross and supply the following comments. 1. The floodplain boundary is contained within the streambank setback area. However, special pre- caution should be taken by the developer to build the units at a height not lower than the adjacent floodplain profile. 2. The drainage provisions appear adequate, but rely on final pavement and landscape grading for success. 3. The sewer and water extensions must be prepared by a registered engineer for approval of this office and the State Department of Health. I doubt that final profiles and easement needs will conflict with the site plan as presented. Attachment cc: Richard C. Holmes, Director of Public Service HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK May 10, 1984 MEMORANDUM: TO: Mike Money, Senior Planner FROM: Gene Yde, Building Official SUBJECT: Woodbrook, Phase 4 Provisions for future sunrooms and or decks should be noted carefully so that they don't become controversial issues in the future. The fence height on South Tracy Avenue should meet the requirements of Section 18.50.150.. RECE &T Date s- IV 5374 Received From ©-� Address Dollars $ For ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AMT.PAID CHECK BALANCE MONEY DUE ORDER B/ RedifOrm RECENT Date s-a 1� _ 5374 Received From Address Dollars $ � For ACCOUNT HOW PAID AMT.OF CASH ACCOUNT 1 AMT.PAID CHECK BALANCE MONEY FFBy DUE ORDER SKS02 Redifprm Z-84-21 - Ken LeClair - Mailing List Ken LeClair & Oliver Ellison - 2427 Highland Blvd. Lowell & Mary A. Springer - 117 Hoffman Mary K. Dye - 1701 South Black Avenue #61 Carol D. Kelly - 1701 South. Black Avenue #62 M. J. Klabunde - #63 Kathryn L. Spain - 1615 South Black Avenue #80 Mary E. Lensink - 1611 South Black Avenue #81 James & Joy Mariska - Box 127 Brian & Colleen Bryson - Platanenring 84 6380 Bad Homberg, West Germany Clair & Marguerite Long - 1615 South Black Avenue #84 Katherine Hiller - 1701 South Black Avenue #47 Harold & Karen Stanton - Box G, Hardin, MT 59034 Lyman H. Bennett, III - P. 0. Box .1168 Clyde & Ella Border - 1615 South Black #71 Allan & Anna Lee Roush - 1615 South Black #72 Greg Mecklenburg & Deborah Nelson - Box 824 Margaret W. Larsen - 1615 South Black Ave; #74 Carl F. Stimson - #75 Glenn L. & Edith M. Harrington - 1612 South Tracy #1 H. Charles Stahmer - 1612 South Tracy Avenue #2 Charles W. & Doris L. Millike.n. - #3 George & James Stone - #4 John & Gertrude Braaksma - #5 John & Margaret Parker - " #6 George & Thelma Christensen #7 I. Edward Sondero - 1625 South Tracy Avenue #8 Patricia R. Fraley - 1625 South Tracy Ave. - #9 Z-84-21 - continued Charles Rinker - 300 North Willson Avenue ` Southwood Properties - P. 0. Box .1947 Jerry Walkki - Box 1775, Billings, MT 59103 Gregory G. Troftgruben - c/o Utah Mtg. & Loan, P. 0. Box 488 Logan, Utah 84321 Kendall K. Fuller - 817 West Story Street Kirk-D. & Marilyn Michaels & John M. Beaver, 409 East Callendar, Livingston, MT 59047 Herb & Marian Thompson, Box 1042 NOTICE OF PUBLIC HEA GS FORA . :id" NDITIONA SE PERMIT _Notice is hereby-g' en f public hearings to tiL-held before th Zo ing Commission, in the Community oo Bozeman. Public Library, 220 East am a Street, Bozeman, Montana, at 7:00 p. May 22, 1984 and before the Bo ma City Commission, Gallatin County, on na, June 18, 1984 at 7:00 p.m. in the Co mission Room of the Mgnicipal Buildin t consider a Conditional Use Permit requ st by Ken LeClair, 2427 Highland Blvd., o eman, MT pursuant to the requirement f the Bozeman Area Zoning Code. S ' Conditional Use Permit would allow c truction" of seventeen ,townhouse units Block 4, Thompson's -Fourth Addition o the City of Bozeman 'located in the S 1/4 of Section 18, T2S, R6E, MPM, Gall ti County, Montana. The ,property is 'on -3. Maps and rel to data of the area under consideration m y b reviewed in the offices of,the City-Co my tanning Director, and -the City Buildi g Of ial at the Carnegie ..Building, 35 rth Bo man Avenue. . ,GENE YDE .Building Official ASON ' STREET Lt ^_ f NOFFMA t I' 2 1 Reg.44.95. 3agle R 59's 7 95 FREE t CAKE Free Drawing For: - Shoes of your choice - Moving Comfort Jogging Suit (Ladies) - Sub 4 Rainsuit (For men) ate'S Fod Shopping Center -7, Sat 9-6, Sun 12-5 ► y MAY 13th ' to3' ;, of �li��tl'M#fin STATE OF MONTANA, County of Gallatin. ss. ...........Vivie Portnell ...:................................ being duly sworn, deposes and says: That s..he is..............Er-.ncinal,- ar...k..... _-•---- ----- of the Bozeman.........Daily _Chronicle,a newspaper of general circulation, printed and published in Bozeman, Gallatin County, Montana; and that the notice hereunto annexed (--Pubs.ic_liearings...for .a--- Use Permit requested by Ken LeClair ..............._ ............. •--.-•-•--------•-------- ---------..................... - --— ---—- --- —-_ has been correctly published in the regular and entire issue of every number of said ........_........_....... ........conseasadivr�...,.inaextien._.____.__..., the first of which publicatio was mad on the........... day of........May................ ........................ 19, and the last on the.........1��+.._ .__... ay o ._ ... •-----.._.. 19_84 _._........._ ..._ . ---- Subscribed and sworn to before me this ......15L__....day of.._................... Ma-y-----------------------_----------------_...... Notary.Public for the State of Montana, raiding at Bozeman,.Montana RAC'HEL BENNETT NOTARY PU3LIC fo� the State of Montana Residing in L�ozsman, M-,niana My Commission Expires Jury 6, 19d4 14 f ' v NOTICE OF PUBLIC HEARINGS FOR A CONDITIONAL USE PERMIT Notice is hereby given of public hearings to be held before the Zoning Commission, in the Community Room, Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana at 7:00 p.m. , May 22, 1984 and before the Bozeman City Commission, Gallatin County, Montana, June 18, 1984 at 7:00 p.m. in the Commission Room of the Municipal Building to consider a Conditional Use Permit requested by Ken LeClair, 2427 Highland Blvd. , Bozeman,MT pursuant to the requirements of the Bozeman Area Zoning Code. Said Conditional Use Permit would allow construction of seventeen townhouse units in Block 4, Thompson's Fourth Addition to the City of Bozeman located in the SW; of Section 18, T2S, R6E, MPM, Gallatin County, Montana. The property is zoned R-3. Maps and related data of the area under consideration may be reviewed in the offices of the City-County Planning Director, and the City Building Official at the Carnegie Building, 35 North Bozeman Avenue. GENE YDE AEON $TaEET �� BUILDING OFFICIAL X. .......... v