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HomeMy WebLinkAbout638300222347518467) ` E{t�04 -rf3►AL Else +rr MI Per, Tom and Ceeelda„ ` ,tot 4�,°Tract 6, Lat 2 .fraet 7> ! :,Gardner S'iffoe ttal Plaza ;March t585 'M ta=1 Storage Elio ld+ng� 2kl�Et Ficj-r�Et.1�tft N m cri O O GJ t i FILE REVIEW FORM Project approval date: Improvements Agreement Expiration Date: Letter of Credit Expiration Date: Project Inspection Date: Inspected Byit ,-X _ Improvements Not Completed: J " U b -0 Reinspection Date: Inspected By: Comments: Final Approval Date: -T. By: BOZEMAN CITY COUNTY PLANNING BOARD 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONTANA,59715 PHONE:(406)586-3321 March 6 , 1985 To -Richard Holmes, Director of -Public Services Neil Mann, City Engineering Officer Norm Stone, Gene Yde, City Building Official From: Dave Skelton, Assistant Planner Re: Major P.U.D. Review Lux Storage and Transfer Mini Warehouses Attached please find copies for a Major Planned Unit Development, located at 2400 North 19th Avenue, of Gardner=Simmental Plaza. The applicant is requesting to construct two additional metal storage buildings in addition to the two existing structures under construction. The. Planning Staff respectfully requests that your written- review comment be returned to our office, with attachments enclosed , no later than March 13, 1985. Your assistance is appreciated. Enclosures f , 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 f ------------------------------------------------------- -------- Location/Description: i 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 j of United Parcel Service. Please refer to the location map below. I , r �i I Af �.•.....I+tv I I t � .•o moww'``/� i 41 I a , t Baxter La r— F 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 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-l " 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 .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 r 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 s.ubmi tted 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 O I ✓!. - p O p o 4.. PLANT SCHEDULE�LREE2El.cbS YQ�9 I-t+(Gtz. — I LU IOp �, -t` r'=, 5YM TYPE I INSTALL.SIZEI QTY I REMARKS. 11J ------ — `7 s. �.17 s z. r 1. .. Ca OLDEN ELDER.._ ---- .._- —Z --- - �O © �_ . �_._� Z_ TECHNY ARE5ORVITAE 3 `a- Ia 4 u; `� _LET.-4- - O ® 3 RADIANT OR DOLCaO CRA['o I TRACT„-(o_ r7! 4? SUMN_IIT SEEDLESD CttZEEN ASH ID L 5 _.. _..at - --- -- F'LJILMNCA 0 �G' LAWN _ l ESQUE OR K. 6LuE GRASS . - t) I/ A2Ea!PlzIvnrct 3,rn Lam. ` � a �' n 7;• GOLORADO �PRUGE 4 -(0 T LANDSCAPE NOTE ALL LAND6GAPINC4 IS EXISTING ON LOT 4 TRACT Co .I - '' > HEAP^AL'S'P4V1nlG 'p'� �7)NEv r'� '�.. -,�a rrAZ�t`�N..� 1 ...� I '•+ °' 1n O n f 6R E.L. O -70 n..�-__._�.... �pl i PRpP05'"7 STORA�F i�'-LU4�'`.I C¢tatF_L. /K NEIN A-rPIdALT PMNIf3q.:--�XISTING L�SPHALT PAV{NCi. —••�- �- _�T _20X lag tL.E_0 /� - LEGEND -__.._____------- / ..'. SYM T DESCRIPTION _... (Pi i'c j c;.a.•/cL �a•_,r..: EXISTING GRADE ELEVATION \•f�ru,ualar !/ / - �z ?-` . NEW C`-URIED GOLD WATER{ bURPL-Y LINE - — Yr k-.7 iGµ,T-.�_ CRI EL 1.05` � CC p:ELtStp�Rl7 uYvrz. ^ +(ZE_ZEL EJS YAf2D I-I`CDfZANT _.____. GRo.vEl1 t'�, �T,�� Ttont I " i -�- DRAINAGE DIRECTION. - —_ PROPOF:wD STo2AG f3LnG. 4 zo t LD i F'cG.,�itT N0 702- I 3LU r 2 fir,; 1 7 Y.4 2S GEPAR TOP rZAU- (- >>rx�tzoSE Lr,K r , . = �-,- J- •J a R5 r Eon2 PIGKETE i -4Z. EL. 2.U�' 2w iz' `SPA E t3ETW6� t. i I �i I,G. N�7 t01 /A r HALL PAVu1G I {^ I II l NTcRMi�CJ1ATE. 2X4 GONE M 1. Lo T Z E� r3LDCI. RA GOV E<A'•�E 1 I`% (/ �' II 1 SOT. IL. `IAIZC7 LIC,NT-�..\ v Z�' !f t ' V t �. III I © C1;PJ�aV i- (2 ,Co7 F.GC v: C�2AvEt- I� G ' f I , xd 2S GEr?A2 PC T EI I LAND5GLPlN64 COV.. 77'/n J I / / !:Q O o a �.: IN >tSG•9P. 3'-CS•G.G. .;AX \ I �� I 0 YARD l IC1F u 1 � \(Uc14� tC, _ �� �_t._�-Ai�F-2oX.Lttr GRAcr'_---•—__.,.� t7. yL1G...MF 10 lr`lGl_OSI+t%E__ ODIA .i..o-..b_N {a.1, _IC-Tlt\IC Nk E NiZ .O. UZ W NE RrU2Y VAPOZ WY A �• �^ r`.CIZAG}t7C�r I i Grz. EL. 7-,3o' GI?, EL. z.so �- CR.ELL. 5.30' P LIGt•ATS AT LOCATIONS b-A0 i-1, WITH LIG'4TS AT APRROA. ZAP ELEV. 31J21EI%� �O-2 J�nEz .. _- R_.V. STO , + 1G —i. _ ._ - \ LJ;T U3p, IN I" PIA, PY.G SUIZ Acl-jI t A� E2 TLXE O PO 1�5W•4O 502 Z ' p 7.. O Q +1J LELZ4t N. —FIN CLZ Ei- 41 I�� 20' 6R. EL, 7,'s0' Gr,EL, 7-5o' C,tZ EL. 5.a0' 444•. I' `' �' � LE.CIIAL. DESGRtPT10N 'LZoOT HILL COU;<T �,' -- - ----- LOT 4, TrAGT (�:i 4 LOT Zr TRACT 7. Or- C.{ARDNER-SIME.NTAI_ PLAZA A TRACT Or- LAND LOCATED IN EAST" I/-L N� SECDON S5, TI - S, �'- R-5E , M•P.R• CIALL.ATIN COUNTY. 00 0 SITE 7LANREAL ------- -- NOTE _-13u!LD!h�u5 NO, I_r't Z.. ACE U±vVE!Z GQN5T'ZUGTION, i3LDG_..FE2Mtt..NO. 7029 P U IN REVIEWED&CONDITIONALLY APPROVED BOZEMAN CITY-COUNTY PLANNING � I 4TF PLAN �_LANgSGAP\NCB_ DEPARTMENT __..._ __ _,.__. All Improvements must be installed Prior to occupancy - C� 1�7 �j . ' sa >9 ir•p 9 of Me structure or the owner must supply a method of M © O LUX PTO l WGE `1`ANC t\ t 4 `IYIQA.r+A l security equal to 1 I/a Times the estimated c st •he7 1, s..igraN,rn,.s9nn PLAN DIRECTOR remaining improvements. 2.4-00 IdOR,TH 19 TI-l. AVr DATE 5-! -AS PROjerT WN1 WA\FE1400bE5 �` C7sz�wN: T7oN�M05 Da�E;No'J.�4 ,/ d 00 4o 3.59' - - —— - ------ ! V 3 '3 4 +REEZEIESS (ACED LI(�SZ. PLANT 5GHUC QLE _ `' SYM TYPE INSTALL SI-LEi T ,i REMARK ® tlti --- 100 �� 5 s�� 7 tl1 1_ GOLCEN ELDER 2 3 !o C Z. - - — ...... -- - - -t--. .. I- ip p 2 TECHNY A<7)0RV1TAE 3 4_ 18 .- . .. -.. ... -- - -- i W LOT 4 Z' i 3 RAD1ANT OR DOLC,10 CRAG I 6� 4 Z -5 Fy.15TING WA2_uoUSF L,awN I _ - ��.i87 .AGRcS) 4' SUNINIIT SEEDLESS GREEN ASH u 10 5 _ _ 5. .. TAM JUNIPER ..- _ l�'" - �' 1 'o LAWN _ LESQUE ors K, GLUE GRASS Ultr Ir O — -- - LoADtNc, DGcS y^ N o `7' a. GOLORADo SPRUCE 4_Cnr .. 7 _ I n o LANDSCAPE NOTE ALL LANDSCAPING is EXISTING 4N LOT 4 TRACT . .-:..NOW 2E.rf`l1aL Af"rA i �I i i,i I �r2Et_(?t.ATEG' rT—��_...___..� O I 7• �.._...�_.r -r~•— _ten .O-� / 1j �•I I i i 'I PAi.?l:lh.l Cl. _..i vr:.�K�_.�l LAWq vn ASPHALT PAVING �..I- `L _LO l7>qaV;Pc,¢,< I -CrEL 0 7n .-.._.. O r- E N rn _ "1.,.c, lit' Gtz.EL o. / LAWN I SYM. l7ESGRIP7I0N LO GRADE ELEVATION NEW bURIED GOLD WATER SUPPI_�( ZINC RtLZEI.ESS YArRo IPDfi. E'ZELESS YARD P,(PRANT• I �ROPO =D STORAGE C�LDC�,^CI C.2AV=L G1 ( j�r�E Gam TzuG Imo✓ DRAINAGE DIRECTION 1 p'�^ vc 7 3 t.'� r<a mil'., , ,��. o , Z13 x 12? I r•l?f , 3LG�- 0 2 v i(_>'> _r}r i Ill i ;IN GLZ FL_ 1-'a IYA.,U.t: � � -1- � ._ ..- Y --— � 7 ' ,�'�x 4 RS GE^vAR TOP 2.4w- .. � --- --.:� i i. X IC)U CZ OCL ARP 5a7 C. / GR EL 1.50• r-In1.I•L EC..Z?Z ! •N '1z' SFAGE f E J IJ i I�Jx,^1-R S G ECA2 PtC G ET E - . ..._ _ I �_----..._..;._. /�.�auALT PAvtr•SG 1' j. 6� ' 1�'NTcRv,cUt,o•TE 2 x 4 -�� { I _ .__4�1 c r I iu } o o' ZONE . M 1. / LOT 2 / 1 LAW U 1 li 2 x ri 25 GEDA2 1 -q .9 T RAC 7• ARt/ L1c aT�\ 1 u �"iYr/ 1 c ( M ' % !' �'. I�' 1 �AvINi c��/EAci.E t 3 /� © O O -.,` / C.�C'.7.,•+;�?,.r t?_ ,c�7/AL':.;.c_':�) / P-,w .._ _ f • �•Aq, di [«xG 25 GEAR Po5"t'ScT I LAivDSC_L�.<r;NG CCJ . 2.7 a 1'DO + YA 7 Llct�•T! f G _ / V t j tv ot,c i'-a•c.c. ; ,x.-� {� 1 - `p / 1 , �' •\_`'JEW)I, ' / ( li j L LREEZ�LE6S N O I I PA5H F-W. -,_OSUgE 1 `-0: '01, 4 ° ?AvttaG.(N.t.)' , �. LIG,ITING NOTE «OUP \�i `�iEt�GUR`( VAROR WIT" RZCZCZ ,GTOfL, I to j GR. =L. 2,3G' �v G z, EL. Z. --_—�_-GR_EL. �.�o' , I Sv<',fRITy YARv Lt"'I tT6 4T LOGAT 1ONS Ei1-IOV`II-� z --- - — � �_- _-- -- Z.-- - -. - --- ---- _— f rf0 i z I Oi EG, WI ��- �T Fed Z4- �lE�' l)Uz- " I -Z- ;, I r� TH Llu' 1 S �- ^OX� D O R.V. �jTORAGE ADC, 1. LAWN. I Gr✓c�%E� ON7U4T U , ly I" PIA. S'•'r1E Uk-e: eO FV,r- BUR+AG1 !_t�. G P .. rr� , =� 4G x 307 i 30 30 ,,`, _ - _ Q 0 - Go' -� ALL V\/EW�j AE.z 30AE� 0QN Pt>I. S f�ANtr�s ; l2rJV. i(S W CY Lt E�-_2 47L-� r tN CL ct Z._a 1' f1N rL ?. EL 3 4Z= ZO Gr. ct_. 2, "50OT HILL Gfl'JiZ' �,' LECsAL DE5GRIPTICN _--- LOT 4. TRACT C w LOT 2.TRACT 7. 017 (.ARDNER-SIMENTAL- PL-AZA f A TRACT O� LAND LOCATED IN EAb-r 1/Z OX- SE.GTIDN 35 , Ti D, f---- -'------------------._-------------'---------- ----_�.—__ _------_.---------- '--------- R-5E. M.P.R. GALLATtN COUNTY. NORTH 00 C SITE C PLAW ,A,S %N(I / LI v ��. r SCALE r It = 7.O, �`I ! r C I , r' C r�-•i-' OTC ; %�U,LDIN-S NO. i 2 A4f� JNr-Z -ONSTRUGTION. 'JUC?u• . E;ZMkT NO. 7n29 _. ._ - _. REIVIEWED 8e COND n t. P API'R.VED Hom"N C= ouNn"Pz.r3-1NWG SITE PLAW.__-L, i,\,05r-AP1N DEPARTMENT _ - Ail Improvements must be installed prior to methodcy LUX STOlt!- C E: P.O.no.xv� A 5'�$-�•t!- I M a bV WYl(IA Gam. 4 F Q.L'Awe Of the structure or the owner must supply a me9hod a$ �77 {{'' r�, r P (}DD EGTOR security equal to 1 '/z Dimes the estimated cost of the 00 ?.4QQ NOiZTH ,✓TH.. /�,�JE• I I.r . remaining improeeme rr, DATE PROJECT MIN) WAR-tl-=U DE`J I; ' IJSZ�ti`/S`S; [Jo'�1 AMGS T)ATE:I�GV.�•i• .' IMPROVEMENTS AGREEMENT FOR LANDSCAPING & PARKING LOT IMPROVEMENTS T� THIS AGREEMENT, made and entered into this day of April , 1985, by and between Cecelia and Thomas Reiner, hereinafter called the "Developer" , and the City of Bozeman, hereinafter called the "City" , County of Gallatin, State of Montana, acting by and through the Director of Public Service for 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 by this Agreement. THEREFORE, it is covenanted and agreed to as follows : This Agreement pertains to, and includes that development described as follows: 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. This Agreement specifically includes the installation of 14 ,046 square feet of parking , to include paved areas designated as N. I .C. (Not In Contract) ,designated parking area (seven parking stalls) , drainage, curbing, and sidewalks, and garbage enclosure, as illustrated on the Final Site Plan, Exhibit "A" . Costs of these improvements are listed on Exhibit "B" . All improvements shall be approved by the Planning Director and all improvements required by this Agreement shall be completed by the Developer within eighteen (18) months of Final Site Plan approval . 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 deemed to be a breach of this Agreement. The Developer hereby waives any notice of breach by him. If the development is to be occupied before the scheduled improvements are completed , a financial guarantee will need to be provided 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. Estimated cost of construction of this project, Exhibit "B" , is attached hereto and made a part of this Agreement. 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 Agreement have executed the same on the day and year first above written. 9 i a lia Reiner Th as Rein "Notary Publi(6/for the State of Montana,. ppg�C for tl�STste of A1onMne Residing: loft dl . Commission e THE CITY OF BOZEMAN Ri hard C. Holmes, Director of Public Service Notary Public for the State of Montana. Residing : Y)?m� . Commission. e.xpires: x{, 3o • E-S . _ .. w _ .. +°iy� .��. �ti������"���s�kA�uU - � l ESTIHATED COST FOR IMPROVEMENTS ----------------------------------------------------------------------------------------- DATE: 4-23-85 PROJECT: Lux Storage DEVELOPER: LUX TRANSFER AND STORAGE, INC. -------=-------------------------------------------------------------------------------- ITEM Sq .Ft . /Ln .Ft . Contractor Est . Cost Paving: _�c� Long Construntion 1R_6nn Sidewalks : N/A Curbing: N/A Landscaping Protection/Fences Included on original Cashman/ Lux i • Garbage Enclosure: N/A Lighting: Included on original _ Lux Other: i. Paving, side- walks , and curbing Approved by City Engineering Office: ; Date : i u' 4 J CY_ X ro ., c ar' LO tr. : IZ • C C C L^' H Y' ' PV Aj (i r•: 'c i� r U t; • na , ' n . v� � f,l s _ IMPROVEMENTS AGREEMENT FOR LANDSCAPING & PARKING LOT IMPROVEMENTS T� THIS AGREEMENT, made and entered into this day of April , 1985, by and between Cecelia and Thomas Reiner , hereinafter called the "Developer" , and the City of Bozeman, hereinafter called the "City" , County of Gallatin, State of Montana, acting by and through the Director of Public Service for 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 by this Agreement.. THEREFORE, it is covenanted and agreed to as follows : This Agreement pertains to , and includes that development described as follows : 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 . This Agreement specifically includes the installation of 14 ,046 square feet of parking , to include paved areas designated as N. I .C. (Not In Contract) ,designated parking area (seven parking stalls) , drainage, curbing , and sidewalks, .and garbage enclosure, as illustrated on the Final Site Plan , Exhibit "A" . Costs of these improvements are listed on Exhibit "B" . All improvements shall be approved by the Planning Director and all improvements required by this Agreement shall be completed by the Developer within eighteen (18) months of Final Site Plan approval . 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 deemed to be a breach of this Agreement . The Developer hereby waives any notice of breach by him. If the development is to be occupied before the scheduled improvements are completed , a financial guarantee will need to be provided 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 . Estimated cost of construction of this project, Exhibit "B" , is attached hereto and made a part of this Agreement. 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 Agreement have executed the same on the day and year first above written. lia Reiner C:: ;Thomas Re n Y--� Notary Publi for the State of Montana . p=Par tw SRate d PBan�vne Residing : btft oe Pam,MAIN Commission e i i THE CITY OF BOZEMAN Ri hard C. Holmes, Director of Public Service Notary Public for the State of Montana . Residing : 4 Commission expires: o • R .� ESTIT-IATED COST FOR IMPROVEMENTS ----------------------------------------------------------------------------------------- DATE : 4-23-85 PROJECT: Lux Storage • DEVELOPER: LUX TRANSFER AND STORAGE, INC. ---------------------------------------------------------------------------------------- ITEM S(j .Ft . /Ln .Ft . Contractor Est . Cost Paving : _ 15,Qnn Sq rt Long Construction 1R�F�nn Sidewalks : N/A Curbing : N/A i Landscaping Protection/Fences Included on original Cashman/ Lux • Garbage Enclosure: N A Lighting : -Included on original _ Lux Other: Paving, side- walks , and curbing Approved by City Engineering Office : Date : Z BOZEMAN* • iK CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 y PHONE: (406) 586 3321 April 24 , 1985 Cecelia and Thomas Reiner DBA Lux Transfer and Storage 2400 North 19th Avenue Bozeman , Montana 59715 Re: Conditional Use Permit Dear Cecelia and Tom Reiner : The purpose of this letter is to inform you that the proposed Lux Transfer Major P.U.D. has been reviewed and approved by the Bozeman City Commission at their regular scheduled meeting on 22 April , 1985, subject to the conditions outlined in the enclosed Staff Report. The application can be processed after these conditions have been met and the revised Site Plans have been submitted to the Planning Office . Enclosed , please find an Improvements Agreement as part of the submittal requirements . If you have any questions, please don ' t hesitate to contact the Planning Office . Thank you. Sincerely, Dave Skelton Assistant Planner Enclosure Decision - Conditional U_se_ mit- ..Don Amos-for-Tom-and~AP:eii !Reiner;-dba-Lux Transfer" =man Storage r..al ow• construction of two 'a itiona -stor.age7- uil ings. on, of -4 -Tract 6;-an --=` - Fof 2 Tract -7;_. ardner= _i.mmenta.__.aza=2400 ort.___ineteent h Avenuey '—�--.. This was the time and place set for the decision on the Conditional Use Permit requested by Don Amos for Tom and Cecelia Reiner, doing business as Lux Transfer and Storage, to allow construction of two additional storage buildings on Lot 4, Tract 6, and Lot 2, Tract 7, of Gardner Simmental Plaza. This site is more commonly known as 2400 North Nineteenth Avenue. City Manager Wysocki stated the Commission had conducted the public hearing on this Conditional Use Permit at last week's meeting. He then concurred in the Zoning Commission's recommendation that the request be approved, subject to seven conditions. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Conditional Use Permit requested by Don ,Amos for Tom and Cecelia Reiner, doing business as Lux Transfer and Storage, to allow construction of two additional storage buildings on Lot 4, Tract 6, and Lot 2, Tract 7, of Gardner Simmental Plaza, 04-22-85 i • - 7 - r+, subject to the following conditions, as recommended by the Zoning Commission: 1 . That the required ten parking stalls be indicated on the final site plan prior to final approval; 2. That all asphalt pavement indicated as "Not in Contract" (N. I ..C. ) shall be part of the on-site improvements and must be installed within eighteen (18) months of final approval; 3. Indicate on the final site plan enclosure or type of screening for the refuse area as required to include elevations and typical section; 4. That all required improvements shall be installed iii accordance with an Improvements Agreement with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit shall have been completed, and accepted by the City, or until a financial guarantee equal to one and one-half times the amount of the cost of the scheduled improvements shall be provided to secure completion; S. That three (3) copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission be sub- mitted for review and approved by the Planning Director within six (6) months of the date of 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. 6. All on-site improvements (i.e. , paving, landscaping, etc. ) shall be com- pleted within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. 7. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent re- newal 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 will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. �.yy Pu-blic-hearing - Conditiona&e..Per.mit- - Don Amos for Tom d Cecelia. Reiner, dba Lux ~Transfer- and Storage alto construction of two additional storage buildings on Lot 7- Z t ract 6, and Lot 2, Tract 7, Gardner-Simmental Plaza 12400 NorthNineteenth venue This was the time and place set for the public hearing on the Conditional Use Permit requested by Don Amos for Tom and Cecelia Reiner, doing business as Lux Transfer and Storage, to allow construction of two additional storage buildings on Lot 4, Tract 6, and Lot 2, Tract 7, of Gardner Simmental Plaza. This site is more commonly known as 2400 North Nineteenth Avenue. Mayor Weaver opened the public hearing. 04-15-85 i '� t • -15- • Assistant Planner Dave Skelton presented the Staff Report. He stated the subject parcel is approximately 4.35 acres in size and is located in an M-1 , Commercial--Light Manufacturing District. He stated the two proposed structures would be constructed as mini-warehouse rental space. The Assistant Planner then stated a Conditional Use Permit for a minor PUD was approved by the Planning Staff in January 1985 for two structures, which are currently under construction on that site. The addition of the two proposed structures changes the status of construction on this site to a major PUD, which requires Commission action. He noted two accesses from North Nineteenth Avenue to the site will be provided. Sidewalks are not included in the site plan; but no sidewalks have been required for other developments in the area. Assistant City Planner Skelton stated the Zoning Commission conducted its public hearing on this application and recommended approval, subject to seven conditions, which he briefly reviewed. Commissioner Jordan noted the subject site is located outside City limits and asked if ainy City services are provided, particularly fire protection. A representative of the applicant indicated the property is served by the Rae Volun- teer Fire Department; and the area is served by City sanitary sewer services. Commissioner Vant Hull questioned whether sidewalks should be considered, since some of the proposed designs for the extension of North Nineteenth Avenue do include sidewalks. Assistant Planner Skelton stated the- site is located outside City limits; and the covenants on the subject parcel do not require sidewalks. He indicated he does not feel sidewalks should be a requirement. He then noted there is adequate right-of-way for roadway improvements and sidewalks if a need is determined in the future. Planning Director Steve Lere stated the City has not required sidewalks in light industrial areas in the past. No one spoke in support of or in opposition to the requested Conditional Use Permit. Mayor. Weaver closed the public hearing. A decision will be forthcoming in one week. �, RESOLUTION BY TH OOZEMAN CITY ZONING COMMIW ON RECOMMENDING CONDITIONAL APPROVAL OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP MINI-WAREHOUSE/STORAGE BUILDINGS LOCATED ON LOT 4 OF TRACT 6 AND LOT 2 OF TRACT 7 OF GARDNER- SIMMENTAL PLAZA, GALLATIN COUNTY, MONTANA. ----------------------------------------------------------------- WHEREAS, the City of Bozeman and the Gallatin County Commissioners have adopted' a Master Plan pursuant to 76-1-604 , M.C.A. , 1981; 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. , 1981; and a jurisdictional area created under 7"6-2-310, M.C.A. , 1981; 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; and, WHEREAS, the Zoning Commission held a public hearing on 1 March 26., 1985, to receive and review all written and oral testimony on the request for a Conditional Use Permit; and , WHEREAS, the Zoning Commission finds that the application complies with each of the approval criteria established in Section 18 . 52.010 of the Bozeman Area Zoning Code. NOW THEREFORE, be it resolved that the Bozeman City Zoning Commission recommends to the Bozeman City Commission that the application for a Conditional Use Permit for a Planned Unit Development to develop mini-warehouse/storage buildings located on Lot 4 of Tract 6 and Lot 2 of Tract 7 of Gardner-S_mmental Plaza, Gallatin County, Montana, be conditionally approved with the following conditions : (1) That the required ten parking stalls be indicated on the Final Site Plan prior to final approval ; (2) That all asphalt pavement indicated as "Not in Contract" (N. I .C. ) shall be part of the on-site improvements, and must be installed within eighteen (18) months of final approval; 1 . (3) Indicate on the Final Site Plan enclosure .�._. or type of screening for . the refuse area as required to include elevations and typical section; (4) That all required improvements shall be installed in accord with .an Improvements Agreement with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit shall have been completed , and accepted by the City, or until a financial guarantee equal to 1 1/2 times the amount of the cost of the scheduled improvements shall be pro- vided to secure completion; (5) That three (3) copies of the Final Site Plan containing all the conditions, cor- rections, and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of 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; (6) All on-site improvements (i .e. , paving , landscaping, etc. ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved Final Site Plan; (7) 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 to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed . DATED this day of ,. 1985. Resolution ZC 85/07 Steve Lere, Director Roger Craft, Chairman Planning Board Zoning Commission 2 ITEM 5. Request f o r a kw-o-n.d_i t_i o n a 1—U-s e.-Pe-r-mr-m� .t t-oD e v e-1-o,p a Commerc ,_Maj-o.r,.-P1-an.n-ed�Unit:D X pment4f_o-r} M=i n`i Ware s e s%S t o_r-a_g_e_B-u-i_l.d_ n g s, bom a n d C ec a l:i-a R-e is n e-r_:._=== Dave Skelton presented the Staff Report, Enclosure 5. Mr . Reiner said that all the specifications in the Staff Report are in their plans to do , and even more; aesthetics are very important to them. Public Portion of the meeting was opened by Roger Craft . No one spoke in behalf, or in opposition, of the application . Motion , made by Ted Metzger , seconded by Jim Banks, to rec-ommend -h-i� s a p p-1- e.a_t=i-o n f o-r a.p.p.r_o y a l:w i t h,t he—c�o.n.d-i t i o n s the Staff Report. For - Ted Metzger , Jim Banks, Patricia Follett , Jeff Rupp, Henry Shovic; Against - none; Motionpassed., i . I 3 BOZEMAP CITY COUNTY PLANNING BOARD BOZEMAN 35 NORTH BOZEMAN AVENUE CITj$ COUIJT�Y P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNING BOARD PHONE: (406)586-3321 24 April , 1985 TO: Richard Holmes , Public Director of Service FROM: Dave Skelton, Assistant Planner RE: Improvements Agreement Lux Transfer , Haj.or P .U.D . Attached please find the Final Site Plan, Improvements Agreement and Cost Estimate for Improvements , for the Lux Transfer major Planned Unit Deveolpment :: Also included is the Staff Report with conditions attached. as approved by the City Commission: The planning Staff asks that you review the submittal , approve the Improvements Agreement , and have Linda notorize it : Your assistance is appreciated. Attachments Bozeman City Zoning Commission STAFF. REPORT ---------------------------------------------------------------- ITEM: Request for a Conditional Use Permit to Develop A Commercial , Major Planned Unit Development For Mini-Warehouse/Storage Buildings APPLICANT: Tom and Cecelia Reiner DATE/TIME: March 26, 1985, 7: 00 P. M. , Bozeman Public Library REPORT BY: Dave Skelton, Assistant Planner ----------------------------------------------------------------- LOCATION/DESCRIPTION The property in• question. is. descri,bed. •as• Lot • 4 . of Tract 6 , "Wand 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 [24= "O�Nor,th 19_th' Avenue., and is' no.rth—o.f. :— te.r�Lane>.: Please refer to the location map: I Proposed . Major P .jI.D . z Iort Baxter La e'r- 1 i i The property is'�aPoximate_1y�4_._35�ac-r-e.s--i- size_,—a-nd is cux.r_e.ntly zoned'"M=1"' ;Commerc,ial-Light Manufa-c_tu-r_i-ng , District. The "M-l" 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. West : Vacant land, zoned M-1 , Commercial-Light, Manufa-cturing, District. PROPOSAL The applicant is proposing to �constr_uct tw_o,pri- opal s`€-r_u_c t u r-e s--f-o_r=fhe_p_u r po_s a-o fyp r-o v i-d:i;n g,m i-n-i-wa-rehouse—s f o r-a g e pace:—rentabs , - (one 20 ' X 1021 , and one 28 ' X 122 ' ) . Both storage structures will consist of a metal building shell with concrete floors . Two additional metal buildings presently-under cons-tr-uct-ion on the site will ..be. used for .the same function,—(one 4 0 ; X ..3. 2 1.. _. and one 36 X 100 ) . A t�hird-s� --t-r-uc-t-u-r-e--pr-esently exists on the site for the purpose of warehouse storage and transfer , and office building . A Cond-i=t-i-onal---U-se=P-e-r-mi-t for a Minor Planned Unit Development was approved by the Planning Staff through the summary review and approval:procedures established in Section 18 .54 .300 in . Jam n' u—a-r_y---of 19-85�. The permit was to allow construction of the two existing structures now under development. Upon the approval of t_he Minor P_._U.._D. , the applicant was informed by the Planning Staff that any request for additional development would require,review of the�entire,_prop_erty as,..._a Major P_.U_._D.--MThis becomes the purpose of the present request for a Conditional .Use Permit. STAFF FINDINGS Mini-warehouses for storage space rentals are listed as permitted uses in the "M-l" District. Approval of a Planned Unit Development shall be obtained through Conditional Use Permit procedures as specified in Chapter 18 .52. Section 18. 52. 101 (B) of the Zoning Code establishes six criteria which must be considered in the review of applications for Conditional Use Permits . The Staff will review these criteria as they relate to ' the applicant ' s proposal . 2 (1) The proposed use meets all submittal • requirements as contained in Section 18.52. 120.. i The application generally complies with the submittal. requirements. (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 vici- nity. Acr cess-t-o-the_s-i-fe will occur from the ex i-s t i ng,paved-a.pproa.ch�o-f-f=No-r-th 1"-9 th Avenue which is presently used by the applicant. The applican't_i-nd-i-ca-tes-seven [parki.ng-s-t-ails on the Site Plan, ten--spaces are req-ui-r-ed-. The applicant proposes 25 ' wide approaches to the storage units as well as interior 20 ' wide asphalt paved drivewa.ys.. This will meet the requirements of paved surfaces as established in Section 18. 62 . 180 (A) of the Zoning Code. The drainage plan appears t.o. be: appropriate; however , it will depend on final site grading. (3) The proposed use will comply with the regulations and standards specified in the Bozeman City Zoning Code, codified in this title, for such use. (Pedestrian sidewalks-have,no_t_b.e.en [included`i-—n-the-a.pp 1 i c a-n-t-,-s-p r o p o s a 1 c£ar---the ssite-development. c=`S' dewalks 'h-ave�not been-r-equt-ed=of similar com er-c aldevelopments=knmth-i-s=a-r-eat Section 18 . 50. 120 requires all -pub`--lc Vt-ility-fac--i-l-it-ies to-be-enclosed=by a s x=f-o-ot E--igh=fence, and shall be screened by either a solid fence, trees, shrubbery or a combination of screening elements. The-appliea_ntirid=i=ca_tes=ate d:es g:ma-ted;r=e=f-use-area however-;-the=r-el �- ---•r - - - --'d- i s n o i n d-i-ca=t=i=o=n-o f--s c r-e a n=i ng o r e n c 10- cs:u=r=e? (4) The granting of the Conditional Use Permit will be in compliance with the Bozeman Area Master Plan , and the 3 D .r requirements as set forth in this chapter . T-he-pr-oper-ty-i-n quest-i_o.n�isd_e_signted has=1_ight;i.nd-ustr-ial_,, as designated r`in the Land U-se�P_lan-of-the_B.o.zema.n Area Master Plan. The. parcel in question is presently zoned Commercial-Light, Manufacturing, District. As a permitted use in the . 'M=1"Distri�;the request_to cons- tr_uct two ad- 155.i_1-d-i.n.g.s-1 s i n_com_pl_i anc.e_w_i-th--they B o.z ema.n-A re a_Mas t e rDi_l a n. (5) The prop-osed 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 applicants' proposal complies with the maximum lot coverage, minimum yard requiremegts, 'and. ,height limitations established in the Zoning .Code. (6) The proposed use has been duly noticed, a public. bearing held in accordance with Section 18. 52.020, and the public has been given sufficient opportunity to be heard upon the matter. These requirements are being met through- out the public hearing process. CONCLUSION z✓�-���-►U_Co.�..►�..+�SSi�,-�,- 1Accc�-4 Zcv The Planning Staff has reviewed the request for a- Conditional Use Permit to construct two additional mini-warehouse structures as part of a Major P.U.D. , and as a result has found it to be in general compliance with the-B-o.zeman-A-r-ea-Ma-s-ter,_Plan_.---JT-he Staff would- r-ec-o^mmmend:a:pp-rovalTo=f=--t-hez=Cond=it=i=ona:1====,U-se -fPermi.t •a pp 1 i c a t i_o n-with-the-f o 11 o w i ng-c o nd-i t i o n s�t-o�be=a-t t-ached (1) That the required ten parking stalls be indicated on the final Site Plan prior to final approval . (2) That all asphalt pavement indicated as "Not i,n :Contract" (N. I .C. ) shall be part of the on-site improvements, ' and 'must be installed within eighteen (18) months of final approval . 4 • (3) . Indicate on the final Site Plan enclosure i or type of screening for the refuse area as required to include elevations .and typical section. (.4) Th at..,a11' required improvements shall be, i installed in accord with an Improvements Agreement with the City of Bozeman.. The owner may not occupy the structure until all improvements required by the permit shall have been completed ,:: and accepted by the City, or until a financial guarantee equal to 1 1/2 times the amount of the cost of the scheduled improvements shall be pro- vided to secure complet.ion . (5) That three (3) copies of the final Site Plan containing all the conditions, corrections, ' and modifications approved by the City Com- mission be submitted for review and approved i by the Planning Director within six (6) months of the date of City Commission appro- val and prior to issuance of a building per- _ mit 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. (6) All on-site improvements (i .e. , paving , landscaping , etc. ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final Site Plan. (7) 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 will be permanently renewed. 5 Bozeman City Zoning Commission STAFF REPORT ---------------------------------------------------------------- ITEM: Request for a Conditional Use Permit to Develop A Commercial , Major Planned Unit Development For Mini-Warehouse/Storage Buildings APPLICANT: Tom and Cecelia Reiner DATE/TIME: March 26 , 1985 , 7 : 00 P. M. , Bozeman Public Library REPORT BY: Dave Skelton, Assistant Planner ----------------------------------------------------------------- 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 north of Baxter Lane. Please refer to the location map: 1 V The property is afroximately 4 . 35 acres in size, and is currently zoned "M-1" , Commercial-Light Manufacturing, District. The "M-1" 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. West : Vacant land , zoned M-1 , Commercial-Light, Manufacturing, District. PROPOSAL The applicant is proposing to construct two principal structures for the purpose of providing mini-warehouse storage space rentals, (one 20 ' X 1021 , and one 28 ' X 1221 ) . Both storage structures will consist of a metal building shell with concrete floors. Two additional metal buildings presently under construction on the site will be used for the same function, (one 401 X 302 and one 36 X 10 third structure 0 ) . A t st uctur presently exists on the site for the purpose of warehouse storage and transfer , and office building . A Conditional Use Permit for a Minor Planned Unit Development was approved by the Planning Staff through the summary review and approval procedures established in Section 18. 54 . 300 in January of 1985. The permit was to allow construction of the two existing structures now under development. Upon the approval of the Minor P.U.D. , the applicant was informed by the Planning Staff that any request for additional development, would require review of the entire property as a Major P.U.D. This becomes the purpose of the present request for a Conditional Use Permit. STAFF FINDINGS Mini-warehouses for storage space rentals are listed as permitted uses in the "M-l" District. Approval of a Planned Unit Development shall be obtained through Conditional Use Permit procedures as specified in Chapter 18 .52. Section 18 .52. 101 (B) of the Zoning Code establishes six criteria which must be considered in the review of applications for Conditional Use Permits . The Staff will review these criteria as they relate to the applicant ' s proposal . 2 (1) The proposed*se meets all submittal • requirements as contained in Section 18 .52 . 120. The application generally complies with the submittal requirements. (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 vici- nity. Access to the site will occur from the existing paved approach off North 19th Avenue, which is presently used by the applicant. The applicant indicates seven parking stalls on the Site Plan, ten spaces are required. The applicant proposes 25 ' wide approaches to the storage units as well as interior 20 ' wide asphalt paved driveways. This will meet the requirements of paved surfaces as established in Section 18 .62 .180 (A) of the Zoning Code. The drainage plan appears to be appropriate; however , it will depend on final site grading . (3) The proposed use will comply with the regulations and standards specified in the Bozeman City Zoning Code , codified in this title, for such use. Pedestrian sidewalks have not been included in the applicant ' s proposal for the site development. Sidewalks have not been required of similar commercial developments in this area . Section 18 . 50. 120 requires all public Utility facilities to be enclosed by a six-foot high fence, and shall be screened by either a solid fence, trees, shrubbery or a combination of screening elements . The applicant indicates a designated refuse area; however, there is no indication of screening or enclo- sure. (4) The granting of the Conditional Use Permit will be in compliance with the Bozeman Area Master Plan, and the 3 requirements as set forth in this chapter. The property in question is designted as light industrial , as designated in the Land Use Plan of the Bozeman Area Master Plan. The parcel in question is presently zoned "M-1" , Commercial-Light, Manufacturing, District. As a permitted use in the "M-1" District, the request to cons- truct two additional mini-warehouse buildings is 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 applicants ' 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 . These requirements are being met through- out the public hearing process. CONCLUSION The Planning Staff has reviewed the request for a Conditional Use Permit to construct two additional mini-warehouse structures as part of a Major P.U.D. , and as a result has found it to be in general compliance with the Bozeman Area Master Plan. The Staff would recommend approval of the Conditional Use Permit application with the following conditions to be attached: (1) That the required ten parking stalls be indicated on the final Site Plan prior I to final approval . (2) That all asphalt pavement indicated as "Not in Contract" (N. I .C. ) shall be part of the on-site improvements, and must be installed within eighteen (18) months of final approval . 4 • • (3) Indicate on the final Site Plan enclosure or type of screening for the refuse area as required to include elevations and typical section. (4) That all required improvements shall be installed in accord with an Improvements Agreement with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit shall have been •completed, and accepted by the City, or until a financial guarantee equal to 1 1/2 times the amount of the cost of the scheduled improvements shall be pro- vided to secure completion. (5) That three (3) copies of the final Site Plan containing all the conditions, corrections, and modifications approved by the City Com- mission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission appro- val and prior to issuance of a building per- mit 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. (6) All on-site improvements ( i .e. , paving , landscaping, etc . ) shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final Site Plan. (7) 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 will be permanently renewed. 5 !� BOZEMAP • CITY COUNTY PLANNING BOARD BOZEMAN411 C�T1Y� Ta P.O.BOXT640 i OZEMAN,MONTANA,59715 PLANNING BOARD PHONE:(406)586-3321 March 6, 1985 To: Richard Holmes, Director of Public Services Neil Mann, City Engineering Officer Norm Stone, Gene Yde, City Building Official Bff�2 From: Dave Skelton, Assistant Planner Re: Major P.U.D. Review Lux Storage and Transfer Mini Warehouses Attached please find copies for a Major Planned Unit Development, located at 2400 North 19th Avenue, of Gardner=Simmental Plaza. The applicant is requesting to construct two additional metal storage buildings in addition to the two existing structures under construction. The Planning Staff respectfully requests that your written- review comment be returned to our office, with attachments enclosed , no later than March 13 , 1985 . Your assistance is appreciated. Enclosures I i ��- BOZEMAN y �.. CITY COUNTY PLANNING BOARD 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONTANA;5%715 PHONE:(406)586-3321 March 6 , 1985 To: Richard Holmes, Director of Public Services Neil Mann, City Engineering Officer Norm Stone, Gene Yde, City Building Official Lff�2 From: Dave Skelton, Assistant Planner , Re: Major P.U.D. Review Lux Storage and Transfer Mini Warehouses Attached please find copies for a . Major Planned Unit Development, located at 2400 North 19th Avenue, of Gardner=Simmental Plaza . The applicant is requesting to construct two additional metal storage buildings in addition to the two existing structures under construction. The. Planning Staff respectfully requests that your written- review comment be returned to our office, with attachments enclosed , no later than March 13 , 1985 . Your assistance is appreciated. Enclosures D� 40 BOZEMAN CITY COUNTY PLANNING BOARD 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONTANA,59715 PHONE:(406)586-3321 March 6 , 1985 To: Richard Holmes, Director of Public Services Neil Mann, City Engineering Officer Norm Stone, a �� j'j1✓!?� so-gene Yde, City Building Official /V Lffj From: Dave Skelton, Assistant Planner Re: Major P.U.D. Review Lux Storage and Transfer Mini Warehouses Attached please find copies for a Major Planned Unit Development; located at 2400 North 19th Avenue, of Gardner=Simmental Plaza. The applicant is requesting to construct two additional metal storage buildings in addition to the two existing structures under construction. The. Planning Staff respectfully requests that your written- review comment be returned to- our office, with attachments enclosed , no later than March 13 , 1985 . Your assistance is appreciated. Enclosures 'NOTICLDF PUBLIC HEARINGS FOR A It CWDITIONAL 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, MT at 7:00 p.m., March 26, 1985 and before the Bozeman City Commission, Gallatin County, Montana, April 15, 1985 7:00 p.m. in the Commission Room of the Mu ' pal Building to consider a Conditional Use Permit re sled by- Don Amos and Tom & Cecelia Reiner, dba L ransfer & ' OW ge,' 2400 North 19th Avenue, B man, Montana pursuant to the requirements the Bozeman Area g Code. Said Conditional a Permit would allow N ruction of two additio storage buildings on Lot 4, 6 and Lot 2, Tra of Gardner Simmental Plaza a ::.•:;�; of land local n the East Half of Section 35, TiS, MPM, tin County, Montana. The property is M- nd is located at 2400 North 19th Avenue. and related data 'of the area under consideration e reviewed in the offices of the City-County Planning or, and the City Suilding Official" at the Carnegie ng, 35 North Bozeman Avenue.GENE YDE, Building Official a�ucvrcvcu w A ucF.cyaacu %,ILIUA 15 ine strongl nenko, who died Sunday Gorbachev to entertain the idea (of a summit), Net k in the count assumed the reins of power less than to ad it. seven hours after Chernenko died. ReagEr raised the idea of a The administration source said summit by declaring he was "more *including Alaska and Haw the gist of Gorbachev's response than ready" to meet with the new amounted to, "We're interested, Soviet leader once he consolidates we'll get back to you." his position. The Soviets took the invitation Taking it a•step further,Bush said under advisement "as we expected in Moscow that Reagan would meet them to do, and said they would with the Soviet leader'whenever the discuss it and notify us later of a Kremlin is ready.."If there ever was response," the official said Thurs- a time when we could move forward day, speaking on condition he not be with progress in the last few years," identified. Bush said,"I'd say that this is a good He added there was no hint one time for that." way or other" whether Gorbachev Speakes minimized the import- - intended to accept Reagan's sugges- ance of reports that Gorbachev had - tion that they meet, most probably accepted in principle invitations to in the United States. visit France and West Germany. He Earlier, the White House had said the words "in principle" were tried to dampen expectations it diplomatic language that-held little helped fuel, saying it might be substance. rquite a period of time" before "We've got a couple dozen people orbachev is ready to consider. that we've agreed to meet with in participating in a summit. i)rinciplebut haven't 2 i . AWtbauff of ITubfirattatt ' STATE OF MONTANA, County of Gallatin. ss. ...---...Vivie.-Portnell........................ ......................................- being duly sworn, deposes and says: That s.he is......2r.incipal_.Clerk...-------------__..____.__�_ of the Bozeman ..-Dai ly .--Chronicle,a newspaper of general circulation, printed and published in Bozeman, Gallatin County, Montana; and that the notice hereunto annexed (.-...Condit-iomal.--Use---Permit---regaested.-by--. Don Amos & Tom and Cecelia Reiner. dba Lux Transfer & Storage - -_--- -- - has been correctly published in the regular and entire issue of every number of said r........_._......_....... for. .....I......a ty ktt .....insesti4an-------------- the first of which publicatio as ad on e.........A. ..:.......... day of.......................M ........ 19, and the last on the....---......-15 --- ------•-- y o _ March_ Subscribed and,sworn to before me this....20........_._....day of.................... ...........March - .--...... 19...5 - --•---•............ . -- Notary Public for the State of Montana, residing at Bozeman, Montana NOTARY PUBLIC for the S ata of Mantene Residing at @ozemza, Vor.f.— My Commission expires j- ,t . , • • �s i �, f. � �. �i � ` � Mailing List - Z-85-11 Thomas & Cecelia Reiner, dba Lux Transfer & Storage 2400 North 19th Avenue Don Amos, P. 0. Box 297, Emigrant, MT 59027 . Lentana Corp.-U.P.S. ; P. O. 'Box 31735, Billings, MT 59107 G.B. Properties, Inc. - P. 0. Box 550, Bozeman,. MT 59715 State Dept. of Highways, R/W .Bureau, Land& Records Section, 2101 Prospect, Helena, MT 59620 United Parcel Service - 2225 North 19th Avenue I i 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, MT at 7:00 p.m. , March 26 , 1985 and before the Bozeman City Commission, Gallatin County, Montana, April 151 1985 at 7 :00 p.m. in the Commission Room of the Municipal Building to consider a Conditional Use Permit requested by Don Amos for Tom & Cecelia Reiner, dba . Lux Transfer & Storage, 2400 North 19th Avenue, Bozeman, MT 59715 pursuant to the requirements of the Bozeman Area Zoning Code. Said Conditional Use Permit would allow construction of two additional storage buildings on Lot 4 , Tract 6 and Lot 2 , Tract 7 of Gardner Simmental Plaza a tract of land located in the East Half of Section 35, T1S, R5E, MPM, Gallatin County,-Montana. The property is zoned M-1 and is located at 2400 North 19th Avenue. 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. i GENE YDE BUILDING OFFICIAL REAIPT . Date 3- 5 19gs 658 Received From -7—h 0 X� e 101, Address Y-'` -f"� • �-°� - To-' -7 Dollars $-Z36 For •� S�° ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AMT.PAID CHECK 000, BALANCE MONEY B e�Gwti�rt DUE ORDER -H R E&P T Date 3 —S, •19 e S 4� Received From Addres - ";. . _ �,o z - 7',r, -7 Dollars For ACCOUNT HOW PAID AMT.OF ACCOUNT CASH AMT.PAID CHECK $A�NCE MONEY gy 8K802 �OO 1 FILE NO. APPLICATION FOR CONDITIONAL USE PERMIT Building Department CITY OF BOZEMAN, MONTANA Telephone No. 586-2360 Date March 4, 985 To The Building Official: The undersigned hereby makes application for a Conditional Use Permit pursuant to the require- ments of the Bozeman Area Zoning Code. Name of Applicant Thomas & Cecelia Reiner Phone No. 587-5153 dba Lux Transfer & Storage Address of Applicant 2400 North 19th Ave Bozeman, MT. 59715 ................................................................................................................................................ Subject Property Legal Description Lot 4, Tract #6 & Lot 2, Tract #7 of Gardner-Simmental Plaza. A tract of land located in E2 of Section 35, T1S, R5E, I.P.M. , Gallatin County (Use Additional Pages If Necessary) Address (if available) 2400 North 19th Ave. , Bozeman, MT. 59715 Current Zoning M-1 Land Area Sq. Ft., or 4.354 Acres Are any variances being requested? If yes please explain No Conditional use to consist of the following: One (1) 70'_x109 ' F one (1 ) 23 'x122 ' metal storage buildings constructed as shown per attached drawings to be an addition to the existing two structures presently being constructed. Proiect to be reviewed as a major 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 USE ONLY I hereby certify that the above 11,�_ information is true and correct Filing Fee a= � and that I am the Owner Zonin Comm. Hearin 3'��� ` �� Owner's Agent �Leasee 9 g of the above described property. Action Taken City Comm. Hearing Action Taken D''�✓d — AppljcantIs $ignetur BOZEMAN CITY COUNTY - PLANNING BOARD 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONT",59715 PHONE:(406)586-3321 January 11, 1985 Thomas Reiner 2400 North 19th Avenue Bozeman, Montana 59715 Re: Conditional Use Permit Minor Planned Unit Development for Miniwar.ehouses Dear Tom: Enclosed please find approval of the Final Site Plan for the above project, along with your copy of the Improve- ments.:Agreement and Estimated Cost of Improvements . As stated in the Improvement Agreement, should the development be occupied before the shceduled improvements are completed, a financial guarantee will need to be provided in an amount equal to one and one-half (1�) times the estimated cost of construction. Enclosed also is a rough draft of Letter of Credit that may. be used. If you have any questions, please don 't hesitate to con- tact the Planning Office. Thank you. Sincerely, r Dave e on Assistant Planner DS/pag Enclosures