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Z14289, Staff Report for the Town Pump #8 Conditional Use Permit
Modification
Date: City Commission public hearing is on October 20, 2014
Project Description: A request to modify conditions of approval regarding construction of
street widening for a previously approved Conditional Use Permit feet to allow automotive fuel sales and a convenience store located at 5050 Cottonwood Road with
a Certificate of Appropriateness with Deviations from Section 38.22.060 to allow a
service canopy height of 20% over the normal limit of 18 feet on a single lot with
shared accesses to Huffine Lane and Cottonwood Road. – Original File Z13132.
Present file number Z14289.
Project Location: 5050 Cottonwood Road.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application Z14289 and move to approve the modification to conditions of approval 8 and 9 subject to all applicable code
provisions.
Report Date: Wednesday, October 15, 2014
Staff Contact: Chris Saunders, Policy and Planning Manager
Brian Heaston, Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The City Commission originally approved the conditional use permit for a fueling station with two conditions governing timing of improvements to Cottonwood Road in August 2013.
The improvements were widening of the adjacent portion of Cottonwood Road, and
corresponding changes to the traffic signal at the intersection of Cottonwood Road and
Huffine Lane. During the review process for the design of the proposed improvements by MDT they determined that additional improvements to the intersection of Cottonwood Road and Huffine Lane were required. The result of the additional MDT requirements led to
expansion of the project to include widening Cottonwood Road north of Huffine Lane.
The length of time required to conduct the street widening design review and corresponding
expansion of the project has delayed the ability to construct the project this year. Applicant is requesting to be allowed to financially guarantee their share of the street widening in order to be able to occupy the building this fall. They will continue to be responsible to complete the
work next year.
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The applicant has begun construction of the building and site improvements. Concurrent
construction was approved for on and off-site work.
The City has procedures for improvement agreements and guarantees of performance. These
are set out in Article 38.39, BMC. If the requested modification is approved an improvement agreement and associated guarantee will be prepared and executed.
Alternatives
1) Approve the application with revised conditions to allow financial guarantee of the work
required by the conditions.
2) Deny the application which would keep the existing conditions in place and block the applicant from using the building until the road widening was completed.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1- MAP SERIES ..................................................................................................... 3
SECTION 2 –REQUESTED DEVIATIONS ........................................................................... 4
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 5
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 5
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 6 - STAFF ANALYSIS........................................................................................... 6
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 6
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC ................ 8
Entryway Overlay District Review Criteria ...................................................................... 10
Deviation Review Criteria Within the Entryway Corridor Overlay District – Section 38.17.080........................................................................................................................... 10
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 10
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 10
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 11
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 12
APPENDIX E – ORIGINAL CONDITIONS OF APPROVAL ............................................ 12
FISCAL EFFECTS ................................................................................................................. 14
ATTACHMENTS ................................................................................................................... 14
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SECTION 1- MAP SERIES
Figure 1: Vicinity map showing adjacent zoning
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Figure 2: Vicinity Map from Growth Policy Figure 3-1
The site is outlined in blue.
SECTION 2 –REQUESTED DEVIATIONS
No relaxations are requested as part of this modification. The original deviation request for
additional height of the fueling canopy was approved by the Commission.
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SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
The conditions listed here are only those being amended. The original conditions of approval
are included in Appendix E for reference. The other conditions have been satisfied or will be
satisfied prior to occupancy. All approved conditions remain in effect unless modified by this
approval. Please note that these conditions are in addition to any required code provisions. These conditions are specific to the project. Additional conditions may be added as a result of and at the time of the City Commission public hearing.
Recommended Revised Conditions of Approval:
8. Cottonwood Road shall be constructed to the full principal arterial standard of the current
Bozeman Area Transportation Plan across the entire property frontage and be provided with street lighting meeting City of Bozeman design standards [ANSI/IESNA RP-8-00]. A roadway taper shall be constructed in accordance with AASHTO standards beginning at the
south property line and connecting back to the existing roadway. Cottonwood Road is a
designated state secondary route (No. 345) under the control of the Montana Department of
Transportation; thus, all improvements to the roadway, including access approaches, shall be reviewed and approved by MDT prior to construction. A building permit shall not be issued until the roadway construction is substantially completed unless the project is approved for
concurrent construction under provisions of Section 38.39.030.C Unified Development Code.
The improved roadway shall be accepted by MDT and the City or financially guaranteed per
Article 38.39, BMC prior to issuance of final occupancy for the site.
9. The south leg of the intersection of Cottonwood Road and Huffine Lane shall be improved to accommodate a full principal arterial standard roadway. All intersection improvements and
signalization upgrades shall be reviewed and approved by MDT prior to construction. A
building permit shall not be issued until the intersection improvements and signalization
upgrades are substantially completed unless the project is approved for concurrent construction under provisions of Section 38.39.030.C Unified Development Code. The improved intersection and signalization upgrades shall be accepted by MDT or financially
guaranteed per Article 38.39, BMC prior to issuance of final occupancy for the site.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
No additional code requirements requiring plan corrections have been identified. The
applicants will follow the established procedures for financial guarantees in Article 38.39, BMC.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Town Pump #8 Conditional Use Permit modification
DRC - The Development Review Committee (DRC) held its final meeting to consider the
application on October 1, 2014. After considering the application materials and having
considered the criteria established for CUP; the DRC found that the application could with
conditions meet the requirements of the municipal code and recommended approval of the application to the City Commission. Conditions recommended by the DRC are included with the list of conditions in Section 2.
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CC – The Bozeman City Commission will hold a public hearing to receive public testimony
on this application on October 20, 2014. Upon close of the public hearing the City
Commission will consider the criteria established for this type and location of application.
The City Commission will act to approve, approve with conditions, or deny the application.
SECTION 6 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The site is generally square and unimpeded with physical features that would limit development.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
This site has been recently designated as Community Commercial Mixed Use and zoned as
B-2, an implementing zoning district. The project is generally conforming with standards as
presented and will comply fully with identified conditions and code requirements. See also Appendix B. The proposed use is allowed within the B-2 zoning district. No conflicts have
been identified with the growth policy.
2. Conformance to this chapter, including the cessation of any current violations
The project is generally conforming with standards as presented and will comply fully with
identified conditions and code requirements. The original project was approved for one deviation for the height of the canopy. No changes are proposed related to the deviation. No
current violations of Chapter 38 have been indentified in this review.
3. Conformance with all other applicable laws, ordinances, and regulations
No existing non-conformities are identified. The City allows for financial guarantees of
required work. The applicants are proposing to use those provisions of the municipal code.
4. Relationship of site plan elements to conditions both on and off the property
The proposed site layout is not being changed with this modification and remains compliant
with this criterion.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The site does not have a developed frontage along Cottonwood Road and is missing curb,
gutters, pedestrian facilities, and lane configurations. In order to ensure the placement of the
required adjacent roadway improvements two conditions, numbers 8-9, were drafted
detailing what is required to conform to the standards of Article 38.24 for roadway
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construction. All required vehicular right of way was provided with prior development or the
annexation of the area. The submitted traffic study showed the site as viable with the
conditions as proposed. Without the street improvements the project would not comply with
the City’s adopted standards.
The applicants have requested to modify the timing of when the street widening must occur.
If the work had remained as originally anticipated it could have been done this summer.
However, the expansion of the project to address concerns and requirements by MDT made
that not possible. The MDT requirements also greatly expanded scope of the project beyond
just that work required by the applicant’s additional street capacity needs. The applicants wish to financially guarantee performance of the work in order to be able to use their new
building and fuel sales facility this fall and winter. The applicants will be required to provide
a guarantee in the amount of 150% of their share of the work. The share of the overall
expansion project that is not the responsibility of the applicant will be funded with
transportation impact fees. That commitment of funds has been approved by the City. As those funds are directly controlled by the City the applicant does not need to financially
guarantee that share of the project.
The overall effect of the proposed modification of conditions 8 and 9 is to delay the
construction by approximately seven months. It does not change the character or scope of the
work to be completed. Given the difficulty of road construction during winter weather and the other justifications provided by the applicant in their submittal Staff is supportive of the
changed conditions.
6. Pedestrian and vehicular ingress and egress
Required improvements have been identified and are included in the construction plans.
Some elements along Cottonwood Road will be financially guaranteed until construction next spring. The short term lack of pedestrian circulation is acceptable given the practical
difficulties of attempting such construction during winter time.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
No changes are proposed from the originally approved project.
8. Open space
The site is commercial and no parkland is required. The site plan does conform to setbacks
and the setback areas are proposed to be landscaped.
9. Building location and height
No changes to building location or height are proposed.
10. Setbacks
The proposal complies with all applicable setbacks.
11. Lighting
The lighting as proposed complies with City standards.
12. Provisions for utilities, including efficient public services and facilities
No changes are proposed from the originally approved project.
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13. Site surface drainage
No changes are proposed from the originally approved project.
14. Loading and unloading areas
No changes are proposed from the originally approved project.
15. Grading
The grading slopes to the NW. There is a fall across the property of approximately five feet.
Substantial grading is not proposed with the project.
16. Signage
No changes are proposed from the originally approved project.
17. Screening
No changes are proposed from the originally approved project.
18. Overlay district provisions
The site is located in the Entryway Corridor Overlay district. No changes are proposed from
the originally approved project.
19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.
The required easements for the shared access have been recorded and are in effect.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
No phasing is proposed. There is additional developable area on the site. Future development
will be under a separate application.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
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1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The site is adequate to the proposed use.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
Several conditions and code requirements have been identified which require minor changes to the site layout. When these are addressed it is anticipated that there will be no material
adverse impact. No changes to these conditions are proposed.
3.That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
The full width of right of way is available for both Cottonwood Road and Huffine Lane. No
dedication is required. The application proposes to finish their frontage along Cottonwood
Road to the southern edge of the property. This will address all necessary offsite street
improvements. The requested amendment affects the timing but not the scope of this work.
f. Regulation of points of vehicular ingress and egress;
No changes are proposed from the originally approved project.
g. Regulation of signs;
No special regulation required.
h. Requiring maintenance of the grounds;
No special regulation required.
i. Regulation of noise, vibrations and odors;
No special regulation required.
j. Regulation of hours for certain activities;
No special regulation required.
k. Time period within which the proposed use shall be developed;
No special regulation required.
l. Duration of use;
No special regulation required.
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m. Requiring the dedication of access rights; and
All necessary easements have been provided.
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
The conditions of approval and code requirements address all issues considered necessary.
F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final site plan process
and will be required prior to approval of the final site plan.
Entryway Overlay District Review Criteria
No changes are proposed which would affect any of these review criteria. The original
conditional use permit final site plan has been approved which demonstrated compliance
with these criteria and any related conditions.
Deviation Review Criteria Within the Entryway Corridor Overlay District – Section 38.17.080
No changes are proposed which would affect any of these review criteria. The original conditional use permit final site plan has been approved which demonstrated compliance
with these criteria and any related conditions.
APPENDIX A –ADVISORY CODE CITATIONS
There are no required items identified. Applicants will follow the procedures outlined in
Article 38.39 for improvements agreements and financial guarantee of performance.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “B-2” (Community Commercial District). The intent of the B-2
community business district is “to provide for a broad range of mutually supportive retail and
service functions located in clustered areas bordered on one or more sides by limited access
arterial streets.”
Adopted Growth Policy Designation:
Community Commercial Mixed Use: Activities within this land use category are the basic
employment and services necessary for a vibrant community. Establishments located within
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these categories draw from the community as a whole for their employee and customer base
and are sized accordingly. A broad range of functions including retail, education,
professional and personal services, offices, residences, and general service activities typify
this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are
integrated with significant transportation corridors, including transit and non-automotive
routes, to facilitate efficient travel opportunities. The density of development is expected to
be higher than currently seen in most commercial areas in Bozeman and should include
multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor
seating, public art, and hardscaped open space and park amenities are anticipated,
appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall
be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant in
size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically
distributed on a one mile radius. Smaller Community Commercial areas are usually in the
1015 acre size range and are intended to provide primarily local service to an area of
approximately one-half mile radius. These commercial centers support and help give identity
to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the
size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should
not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections.
As needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was given on September 25, 2014. Notice was provided by posting of the site and first class mail to property owners within 200 feet of the site. Publication in the Bozeman Daily Chronicle was made on September 28th and October 5, 2014.
No public comment has been received.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Park Street Holdings, LLC, 660 South Main Street, Butte, MT 59701-2534
Representative: Madison Engineering LLC, 895 Technology Blvd. Ste 203, Bozeman, MT
59718
Report By: Chris Saunders, Policy and Planning Manager
APPENDIX E – ORIGINAL CONDITIONS OF APPROVAL
That the applicant upon submitting the Final Site Plan for approval by the Director and prior to
issuance of a building permit, will also submit a written narrative outlining how each of the
conditions of approval and code provisions have been satisfied. The Final Site Plan
application shall include seven sets of the drawings and other materials provided with the preliminary site plan with updates as required to address conditions and code requirements.
2. A copy of the preliminary approval for State licenses and permits for the establishment shall
be submitted to the Department of Community Development prior to the issuance of a Final
Site Plan by the City of Bozeman.
3. The right to operate a fueling station is revocable according to the provisions in BMC Sections 38.19.110.I and 38.34.160 based on substantiated complaints from the public or
from a regulatory agency having subject matter jurisdiction regarding State, City or any other
applicable law.
4. Any expansion of this use is not permitted unless reviewed and approved as required under
the applicable regulations of the Bozeman Municipal Code.
5. Evidence of an approved City of Bozeman storm water permit shall be included with the
Final Site Plan. Please contact the Engineering Division to begin that process as soon as
practicable.
6. Section 38.28.030 prohibits electronic signs. The final site plan shall include details on sign
construction and character to demonstrate compliance with this section.
7. A shared access easement between Lots 1 and 2, Minor Subdivision 454, shall be provided
from the Cottonwood Road access to the southern property line. If the applicant controls Lot
2 Minor Subdivision 454, the easement shall be continued to align with Alpha Drive. The
easement shall be located outside of any required yard except where necessary to connect to
Cottonwood Road. The easement shall be at least the width of a two way drive aisle to back of curb plus one foot on either side to enable maintenance. The City must be a consenting
party to any relocation or abandonment of the easement. The easement shall be recorded
prior to the approval of the final site plan.
8. Cottonwood Road shall be constructed to the full principal arterial standard of the current
Bozeman Area Transportation Plan across the entire property frontage and be provided with street lighting meeting City of Bozeman design standards [ANSI/IESNA RP-8-00]. A
roadway taper shall be constructed in accordance with AASHTO standards beginning at the
south property line and connecting back to the existing roadway. Cottonwood Road is a
designated state secondary route (No. 345) under the control of the Montana Department of
Transportation; thus, all improvements to the roadway, including access approaches, shall be reviewed and approved by MDT prior to construction. A building permit shall not be issued
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until the roadway construction is substantially completed unless the project is approved for
concurrent construction under provisions of Section 38.39.030.C Unified Development Code.
The improved roadway shall be accepted by MDT and the City prior to issuance of final
occupancy for the site.
9. The south leg of the intersection of Cottonwood Road and Huffine Lane shall be improved to
accommodate a full principal arterial standard roadway. All intersection improvements and
signalization upgrades shall be reviewed and approved by MDT prior to construction. A
building permit shall not be issued until the intersection improvements and signalization
upgrades are substantially completed unless the project is approved for concurrent construction under provisions of Section 38.39.030.C Unified Development Code. The
improved intersection and signalization upgrades shall be accepted by MDT prior to issuance
of final occupancy for the site.
10. The Huffine Lane access approach shall be approved by MDT prior to final site plan
approval and left-out turning movements shall be restricted unless otherwise approved by MDT.
11. A payback amount as determined by the City Engineering Division shall be provided for the
Loyal Garden Lift Station & Forcemain Payback District prior to final site plan approval.
12. A public access easement shall be provided for the proposed pedestrian pathway along the
Huffine Lane frontage and granted to the City of Bozeman. The easement shall be acceptable in form and content and executed by the property owner final to final site plan
approval.
13. A mutual access easement shall be provided for the Huffine Lane access approach. The
easement shall extend from the Huffine Lane right-of-way and cover the extents of the
common access drive to the south curb line. The easement shall be recorded at the County Clerk & Recorder and a copy provided to City prior to final site plan approval.
14. A water/sewer pipeline and access easement and agreement shall be provided for the
proposed water/sewer mains on the subject property and granted to the City of Bozeman.
The easement shall be acceptable in form and content and executed by the property owner
prior to final site plan approval.
15. A public drainage easement shall be provided for the proposed detention pond handling
stormwater runoff generated from the public right-of-way and granted to the City of
Bozeman. The easement shall be acceptable in form and content and executed by the
property owners prior to final site plan approval.
16. The proposed RV dump station sewer service shall connect to the proposed sewer main on the project site.
17. The landscaped bump out on the north side of the Cottonwood Road entrance shall be
expanded 30 feet to the north and 10 feet to the east.
18. The first section of parking east of the building facing Huffine, not including the area shown
as a striped loading area, shall be moved south of the current position 20 feet. The resulting area shall be developed as a paved plaza space. The additional landscaping modifications
required to comply with code requirement C shall be coordinated with the new plaza space to
provide definition to the plaza edge.
19. The distance from the eastern edge of the canopy to the curb line is 60 feet. This could be
narrowed and still provide good access to the pump islands and the trash enclosures. The area
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shown as striped on the plans provides for a loading area. Given the size of vehicles servicing
the site this area may remain as presently configured.
20. The landscape plan shall be modified to provide distinctive landscape features at the vehicle
entrances per the requirements of Design Objectives Plan, Chapter 2, Section I.3.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this amended conditional use permit.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application
Site plan map
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