HomeMy WebLinkAbout09-18-17 Petition - Gallik, Bremer & Molloy, P.C. - Resolution 4598, Subchapter 4B into the NCOD GALLIK, BREMER & MOLLOY, P.C.
Attorneys at Law
777 East Main Street, Suite 203
Post Office Box 70
Bozeman, Montana 59771-0070
(406) 404-1728 RECEIVED
September 18, 2017 -?
Greg Sullivan CITY ATTORNEY
City Attorney
City of Bozeman
121 N. Rouse Ave.
Bozeman,MT 59715 HAND DELIVERY
Re: Petition in Opposition to a Decision to Affirm and Re Adopt Resolution 4598,
as Amended by Resolution 4623, Which Added Subchapter 4B into the Design
Guidelines for the Neighborhood Conservation Overlay District
Dear Mr. Sullivan:
This letter and the enclosed petition is provided for the City Commission public hearing this
evening,Monday, September 18, 2017 with respect to the City Commission's agenda item and
decision whether to affirm and readopt the inclusion of Subchapter 4B, Guidelines for the B3
Commercial Character Area ("Subchapter 4B"),into the Neighborhood Conservation Overlay
District Design Guidelines ("Design Guidelines"), which are incorporated by reference into the
Unified Development Code ("UDC")by Section 38.16.050.D.
Petition
The enclosed petition includes the signatures of owners of 25% or more of lots within 150 feet of
B3 zoned properties who protest and oppose the affirming and re-adoption of Subchapter 4B into
the Design Guidelines. With this petition, the two-thirds requirement of MCA § 76-2-305(2) is
triggered.' As advised in our September 6, 2017 letter,based on Montana Cadastral, there are
115 properties located within 150 feet of the B3 district that surrounds the historic downtown
core whose owners could sign the petition. See spreadsheet attached as Exhibit A and
incorporated herein by reference. Signatures of owners of 42 of those properties are included in
the enclosed petitions. See petitions included as Exhibit B and incorporated by reference. Thus,
' MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to
changes or amendments to zoning requirements. It further provides that an "amendment may not
become effective except upon a favorable vote of two-thirds of the present and voting members
of the [city commission] if a protest against [an amendment] is signed by the owners of 25% or
more of...(b) those lots...150 feet from a lot included in a proposed change." MCA § 76-2-
305(2). The City's UDC includes a comparable provision. Section 38.36.040 provides that in the
"case of protest against [such amendments] signed by the owners of 25 percent or more of either
the area of the lots included in any proposed change, or those lots 150 feet from a lot included in
a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
Greg Sullivan
September 18, 2017
Page 2
a supermajority vote of four of the five Commissioners is required to affirm and readopt
Subchapter 4B.
Public Participation
As noted in our September 61h letter, the description of the action item for the City Commission's
September 181h meeting conveys the impression that the City Commission is embarking on a
plan to simply rubber stamp its prior, unlawful adoption of the Subchapter 4B amendments to the
NCOD Design Guidelines. To do so would not give effect to the public's right to meaningfully
participate in this matter of significant public interest. We again request and expect that public
comment will be heard and actually considered by the City Commission in its decision-making
process, rather than it being a preordained decision. "The public has the right to expect
governmental agencies to afford such reasonable opportunity for citizen participation in the
operation of the agencies prior to the final decision as may be provided by law." Montana
Constitution, Article II, Section 8. The City's notice provision further contemplates meaningful
citizen participation, providing that "[n]otice is required in order for citizens to participate in
decision making which affects their interests and provides opportunity to receive information
pertinent to an application that would not otherwise be available to the decision maker." See
UDC, Section 38.40.010. As noted previously, the Design Guidelines were adopted in 2006
through an inclusive public process, and our clients merely expect the same process for
amendments to the Design Guidelines, including Subchapter 4B, which, as you have heard,
affects their interests and has had and will continue to have consequential impacts on numerous
property owners if affirmed and readopted as is.2
Sincerely,
GALLIK,BREMER&MOLLOY,P.C.
Moll y
LTJyBre
mer
Encl.
2 The City of Bozeman resolved to create an interactive process for the Neighborhood
Conservation Overlay District Design Guidelines project, through which the residents of
Bozeman, the Historic Preservation Advisory Board (HPAB) and Design Review Board
(DRB) expressed their concerns and expectations for the final product. The result has been
a cooperative system of dialogue and values-clarification from which the City determined
relevant concerns and goals for the District.This was accomplished through several public
workshops. At these sessions, participants discussed positive attributes of the City's
historic neighborhoods and identified design issues that cause concern about future
development. By completing exercises and discussions, the Bozeman residents took an
active role in shaping the guidelines for the District. See NCOD Guidelines, Introduction,
page 3.
B3 Properties and Res.within 150 Fit.-Instate Out of State
OID Owner I Property Address 77 City zip Owner Mailing Address
PROPERTIES ON SOUTH BOUNDARY OF 133 ZONE
B3 S 1A Bozeman School District#7 404 West Main Street Bozeman 59715
R4 S 1 B BridgerArms Condo Master West Babcock Bozeman 59715 General Delivery, Bozeman, MT 59715
R4 S 1 B West Olive LLC 401 WestOlive Bozeman 59715 541 East Babcock, #1, Bozeman, MT 59715
R$ S 1 B Mortimer Wane Irving 405 Wwest Olive Bozeman 59715
R4 S 1 B Peter T Strand 411 West Olive Bozeman 59715
R4 S 113 DJK4170LIVE LLC 417 West Olive Bozeman 59715 270 Maplewood Road, Riverside, IL 60546
R4 S 1 B Eric S Boswell 421 West Babcock Bozeman 59715 3845 Nelson Road, Bozeman, MT 59718
R4 S 1 B Bridger Arms Condo Phase 2 Mstr 414 West Babcock Bozeman 59715
R4 S 1 B Steven&Pamela Mermell 418 West Babcock Bozeman 59715 39 N A ua Fria Ln, Casa Grande,AZ 85194
R4 S 1 B Jennifer Dwyer 422 West Babcodk Bozeman 59715
R4 S 1 B N A Shyne 426 West Babcock Bozeman 59715 Vicki Shyne, Bozeman, MT 59771
R4 S 1 B N A Shyne 428 West Babcock Bozeman 59715 Vicki Shyne, Bozeman, MT 59771
R4 S 1 B Lucanus E&Julie D Martin 502 West Babcock Bozeman 59715 Mail To: Barb Smith,Worland,WY 82401
R4 S 1 B Rocky Road LLC 17 South 5th 128 Hitching Post Road, Bozeman,.MT 59715
R Is 1 B Richard Gordon Brown 507 West Babcock
R4 S 1 B SLO Property LLc 504 West Main Street P.O. Box 4423, Helena, MT 59604
R4 S 1 B Chris&Gretchen Saboda 508 West Main Stret 137 East Main Stret, Bozeman,MT 59715
B3 S 2A Emerson Center Holdings 111 South Grand Ave Bozeman 59715
R4 S 2B Loseff Fam Rev Trust 201 South Grand Bozeman 59715 P.O. Box 850 Bozeman, MT 59771
R4 S 2B Stephen B Carlson 209 South Grand Bozeman 59715 P.O. Box 1797, Bozeman, MT 59771
R4 S 2B Jessica Palmer 215 South Grand Bozeman 59715
R4 S 2B Stewart Creston 219 South Grand Bozeman 59715
R4 S 2B Patricia Lynne Conkling 204 South 3rd Bozeman 59715
R4 S 2B Benten P Lynne 208 South 3rd Bozeman 59715 6008 Skyline Lane, Bozeman, MT 59715
R4 S 2B Wayne&Nancy Jennings 212 South 3rd Bozeman 59715 P.O. Box 1625, Bozeman, MT 59771
R4 S 2B William J Platte Family Living Trust 216 South 3rd Bozeman 59715
R4 S 2B Demore Family Limited Partnership 222 South 3rd Bozeman 59715 3300 E Berridge Ln, Paradise Valley,AZ 85253
R4 S 2B Betty L Wold Trust Agreement 201 South 3rd Bozeman 59715 Mail to Randy Wold, Bozeman, MT
R4 S 2B Stuart Anderson 209 South 3rd Bozeman 59715
R4 S 2B Karen S Ward&Sara Anderson 213 South 3rd Bozeman 59715 P.O. Box 10940, Bozeman,MT 59719
R4 IS 26 ITimothy J Ford&Sarah K Angst 217 South 3rd Bozeman 59715 P.O. Box 1592, Bozeman, MT 59771
R4 SrRert W&Carrie S Rule 221 South 3rd Bozeman 59715
tabblesr B3 St Baptist Church of Bozeman 120 South Grand Bozeman 59715
R4 San Caholic Bishop of Helena 210 South Grand Bozeman 59716 P.O. Box 1729, Helena, MT 59624
m R4 Sz W&Gianna Savoie 216 South Grand Bozeman 59717X R4? Seman United Methodist Church 123 West Curtiss St Bozeman 59718 121 South Wilson Street, Bozeman, MT 59715
B3 Sed Methodist Church 109 WestOlive I Bozeman 1 59715
W
--I
B-3 Properties 150 Affected Residential
B3 Properties and Res.within 150 Fit.-Instate Out of State
R4 S 5B WAM Inc 201 South Wilson Bozeman 59715
R4 S 5B Cebone LLC 209 South Wallace Bozeman 59715 P.O. Box 309, Bozeman, MT 59771
R4 S 5B Klug Davis Holdings LLP 213 South Wilson Bozeman 59715
R4 S 5B DVS219 LLC 219 South Wilson Bozeman 59716 P.O. Box 1594, Bozeman, MT 59771
S
B3 IS 6A ST James Episcopal Church 209 South Tracy Bozeman 59715
R2 S 6B Kathleen A Crawford 211 South Tracy Bozeman 59715
R3 S 6B Douglas H&Cynthia M Clingner 217 South Tracy Bozeman 59715
R4 S 6B Charlie Management LLC 221 Sout Tracy Bozeman 59715 850 NE 5th Avenue, Boca Raton, FL 33432-29
R2 S 6B Nicholas T Harris 303 South Tracy Bozeman 59715
B3 S 7A City Of Bozeman(Stiff Bldg Parking) 216 South Tracy Bozeman 59715
R2 S 7B Barbara M Lee 222 South Tracy Bozeman 59715
R3 S 7B South Tracy Limited Liability CO 304 South Tracy Bozeman 59715
R4 S 7B Benjamin M Whaley 11 East Curtiss Bozeman 59715
R5 S 7B Anthony&Margaret F Hanzlik 7 East Curtis Bozeman 59715
Bozeman 59715
B3 S 8A City of Bozeman(Stiff Bldg) 20 East Olive Bozeman 59715
R2 S 8B 1st Evangelical Lutheran Church 213 South Black Bozeman 59715
i2 S 8B Mark G Picard&Alexandra White 301 South Black Bozeman 59715
B3 S 9A Alaina Garcia 214 South Black Bozeman 59715
R2 S 9B Alaina Garcia 214 South Black Bozeman 59715
R2 S 9B David S Birdie 218 South Black Bozeman 59715
R2 S 9B Jeff Milchen&Jennifer Rockne 222 South Black Bozeman 59715
B3 S 10A Jack Renieri 209 South Bozeman Bozeman 59715
R2 S 10B Adam J&Sahra Christin Beaupre 215 South Bozeman Bozeman 59715 PO Box 128, Challis, ID 83226
R2 S 10B Robert Perry Hooker 219 South Bozeman Bozeman 59715
S 10B Steven T Kalinowski 221 South Bozeman Bozeman 59715
S 10B Wayne G.Meyer 227 South Bozeman Bozeman 59715 5950 Alpine Woods Dr,Anchorage, AK 99516
59715
B3 S 11 A 1st Security Bank(Parking Lot) 204 East Babcock Bozeman 59715
R2/B3 S 11 B Kent Madin&Linda Svendsen 108 South Bozeman Bozeman 59715 14543 Kelly Canyon Road
R2/B3 S 11 B Abby A Hetherington 116 South Bozeman Bozeman 59715
R2 S 11 B Mary Springer Corner Bozeman/olive Bozeman 59715 3207 A usta Drive, Bozeman,MT 59715
R2 IS 11 B JTodd&Sara Callow 204 East Olive Bozeman 59715 609 Oxford Drive, Bozeman, MT 59715
R2 S 11 B Brianne E.Stevenson 206 South Bozeman Bozeman 59715
R2 S 11 B Mark N Roberts Jr 213 Eas Olive Bozeman 59715
B3 S 12A Arthur M&Jo Ann Klare 234 East Babvcock I Bozeman I 59715
B-3 Properties 150 Affected Residential
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B3 Properties and Res.within 150 Fit.- Instate Out of State
PROPERTIES ON NORTH BOUNDARY OF 133 ZONE
B3 N 19A Paul V Byrne 311 North Grand Bozeman 59715
R3 N 19B Suzanne Held&Michael T Herring 313 North Grand Bozeman 59715
R3 N 19B Mary L Sorte 319 North Grand Bozeman 59715
R3 N 19B Craig R&Lisa A Woolard 323 North Grand Bozeman 59715
N
B3 N 20A Laura Birkle&Charles Detar 312 North Grand Bozeman 59715
R3 N 20B John R Shankland 314 North Grand Bozeman 59715
R3 N 20B Holly L Fretwell 320 North Grand Bozeman 59715
R3 N 20B Harvey's Plumbing&heating 324 North Grand Bozeman 59715 17252 Wilson Creek Rd, Gallatin Gateway 5973
N
B3 N 21A Medical Arts Building 300 North Wilson Bozeman 59715
B3 N 21 A Med Arts(Old Hospial) Bozeman 59715
R3 N 21 B Michael,Peter&Barbara McDowell 406 North Wilson Bozeman 59715
R3 N 21 B Michael&Cynthia Ference 410 North Wilson Bozeman 59715
R3 N 21 B jGlenn B Sr.&Margaret E Huntsman 414 North Wilson Bozeman 59715
R2 N 21 B Jermyn Casey 403 North Tracy Bozeman 59715
R2 N 21 B Some Great Properties 405 North Tracy Bozeman 59715 521 S Shoreline Dr., Liberty Lake WA 99019
R2 N 21 B Mark R&Kathleen A Comarratta 411 North Tracy Bozeman 59715
B3 N 22A Ridge Center LLC 7 East Beall Bozeman 59715 Mail to Cory T. Lawrence, Bozeman, MT
R2 N 22B Elizabeth A Macon 316 North Tracy Bozeman 59715
R2 N 22B Craig M Lee&Jennifer Borresen 322 North Tracy Bozeman 59715
Douglas Gion&Jane K&Paul&Suzanne
R2 N 22B Crawford 10 East Villard Street Bozeman 59715
B3 N 23A North Black Row Sub Open space General Deliver Bozeman 59715
B3 N 23A jJoshua&Sarah B Dickinson 309 North Black Bozeman 59715
R3 N 23B Margaret E Stewart 310 North Black Bozeman 59715
133 N 24A Burrell Family Trust 307 North Black
R3 N 24B William G Frederick 308 North Black
B3 N 25A John Sirois 305 North Black
B3 N 25A Richard K&Diane E Black 303 North Black
R3 N 25B I Dawn A Chesarak 103 East Beall
B3 N 26A Thomas J Beall 118 East Beall Street Bozeman 59715
R3 N 26B Douglas H Brown&Shery Y Lin 115 East Beall Bozeman 59715 1540 Bernal Avenue, Burlingame, CA 94010
R3 N 26B Douglas H Brown&Shery Y Lin 115 East Beall Bozeman 59715 1540 Bernal Avenue, Burlingame, CA 94010
R3 N 26B Douglas H Brown&Shery Y Lin 301 North Bozeman Bozeman 59715 1540 Bernal Avenue, Burlingame, CA 94010
B3 I N 127A I Kevin F Bernard 1205 North Bozeman Bozeman 59715
B-3 Properties 150 Affected Residential
133 Properties and Res.within 150 Fit.-Instate Out of State
B3 N 27A Gary B Costello 201 North Bozeman Bozeman 59715
Y 597 N 27B Dorothy Lutey 204 North Bozeman Bozeman 59715 420 South 13th, Bozeman, Mt
B3 N 28A Phillip D Sgamma 122 North Bozeman Bozeman 59715
R3 N 28B Dorothy Lutey 208 East Lamme Bozeman 59715 420 South 13th, Bozeman, Mt
N
B3 N 29A City of Bozeman 214 East Lamme Bozeman 59715
R3 N 29B 705 Est Mendanhall,LLC 219 Est Lamme Bozeman 59715 705 East Mendenhall Street, STE C, Bozeman
R3 N 29B Nicholas Mitchell 206 North Montana Bozeman 59715 1511 Driftwood Drive, Bozeman, MT 59715
R3 N 29B City of Bozeman(Park N side of Lamme) Bozeman 59715
R3 N 29B Red Star II LLC 310 East Beall Bozeman 59715 10 East Olive Street, Bozeman, MT 59715
N
B3 N 30A Bozeman School District#7(Hawthorne School Bozeman 59715
R3 N 30B Ricgard L Reese Family Trust 401 East Lamme Bozeman 59715 1757 Highland Blvd, Unit#26, Bozeman, MT
R3 N 30B Bradford W Nix 405 East Lamme Bozeman 59715
R3 N 30B Robert Sain 409 East Lamme Bozeman 59715 PO Box 6613, Bozeman, MT 59771
R3 IN 30B Fairfiewld Realty 415 East Lame Bozeman 59715 PO Box 270787, Flower Mound,TX 75027
R3 N 30B Rudolf&Mary Ann Svehla 419 East Lamme Bozeman 59715
R3 N 30B North Church LLC 205 North Church 1214 East Curtiss ST
Andrew Stephen Leggett&Polly
R3 N 30B Vandiver 202 North Church
R3 N 30B I Marjorie Smith 122 North Church
R3 IN 30B Jesus&Laura Hernandez 508 East Lamme 3115 Pinto Pass, San Antonio,TX 78247
N
B3 N 31 A Velocity Development 104 North Church PO Box 10999, Bozeman, MT 59719
B3 N 31 B Secolo Partners 511 East Mendenhall PO Box 1584, Bozeman, MT 59771
B3 N 31 B NEBO Condo Master East Mendenhall General Delivery, Bozeman, MT 59718
B3 N 31 B zirkulu LLC 533 East mendenhall 25 Painted Ridge Road, Bozeman, MT 59715
R3 N 31 B David&Jennifer Poelman 1514 East Lamme
R3 N 31 B I Rev Kathlee Susan Gallaher Ling Tst 1516 East Lamme
B-3 Properties 150 Affected Residential
September 18"' 2017 the City i
On Monday, p ty of will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District ("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.)
*A two-thirds majority of 4 out of S city commissioners would need to vote `favorably" to reaffirm and readopt if S commissioners are present.
M
Pro e Owner Name Address Ci /State Zi Phone Email Address
1 �C��c . ZU3 l hyt_ S ' 'v1 v 17 LN-(,) C �a y
e v" rs s, Cbj '.--e S 4 %If s" 7 i r �IA31r\®'
• : • • Facebookxom/SaveBozeman
tabbier
05(1)specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
X t an "amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b) those lots...150 feet fron
= proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the LTDC provides that in
T test against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
.10ti 1150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote e
voting members of the city commission."
PETITION
(RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 18th, 2017,the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 413
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 413, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.l
*A two-thirds majority of 4 out of 5 city commissioners would need to vote `favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
ql I avA oc i 1_ lJ IC 7,j A / wca�J 7.r Yv�— 07�7 �rCF{!/� CG 1 l r (��i. Od.CC,t,� .
1 MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an"amendment if a protest against [an amendment] is signed by the owners of 25%or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
Opposition t• Reaffirm & Readopt • • C
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District ("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.I
*A two-thirds majority of 4 out of 5 city commissioners would need to vote 'favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
07" l9 4ep hcn A;;. _5Ge 3 5,i,Ua,( (E ec.,IV) )JA AIA .0
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_ Y r
rLM L William k .n M 12Z5-(^AvAC'o� MTS� y� s� � z� �� � .►� ���-,
CLoA- ave c C, l�
1 MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an "amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
L (RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.I
*A two-thirds majority of 4 out of 5 city commissioners would need to vote `favorably" to reaffirm and readopt if 5 commissioners are present.
Date, Property Owner Name Address City/State Zip Phone Email Address
�r 7(
('-1Yi96 '4 S Roy d �Q W #1 AJT 697/'- 4e'®4' 570-V, r' p
!� aol 122 .T Qc eangn -vZ i. o
— 0 7 ) 75
C, 'be-A w e-uk� -1 ce�,
1 MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an "amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
L (RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District ("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 413, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.1
*A two-thirds majority of 4 out of 5 city commissioners would need to vote 'favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
www.SaveBozeman.org Facebookxom/SaveBozeman
1 MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an"amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b) those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
Please Sign and Mail or ' for by 9/16/17
Opposition t• Re-affirm & Re-adopt SU• • L
On Monday, September 181h, 2017,the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District(`'Design
Guidelines").
We, as owners among the 25% or more'of lots located 150 feet from a B3 zoned property,hereby oppose the affirmation and re-adoption of
Subchapter 4B,without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission!
*A two-thirds majority of 4 out of 5 city commissioners would need to vote 'favorably" to reaffirm and readopt if 5 commissioners are present.
Property Owner Name (Print) Property Street Address (in Bozeman)
r��l'i'2�i 4:c.A �Q�-r'� y 1 q � , c-�t ►M wt �
Phone Number Email
L,y- sdP >T ZZy L V L. C-0 V,
Signature
INSTRUCTIONS
Please • fenvelopefor • the • f petition.
If you questions or • more • •
please email info@SaveBozeman.com or call 406-581-1135.
MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an"amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b) those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the"case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
L (RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District ("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.I
*A two-thirds majority of 4 out of 5 city commissioners would need to vote `favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Addres
J of E. Ice b � � ���, azc�� a0� " c Cgs"
w o -h a adA Ma PIS
1 MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an"amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
Please . fMail orEmailfarrival9/16117
(RE: Opposition to Re-affirm & Re-adopt Subchapter 413)
On Monday,September 18`h,2017,the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District("Design
Guidelines").
We,as owners among the 25%or more of lots located 150 feet from a B3 zoned property,hereby oppose the affirmation and re-adoption of
Subchapter 4B,without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC,adding Subchapter 4B to the Design Guidelines incorporated therein by reference,may not become
effective except upon a favorable vote of two-thirds*of the present and voting members of the Bozeman City Commission.'
*A two-thirds majority of 4 out of 5 city commissioners would need to vote 'favorably" to rearm and readopt if 5 commissioners are present.
Property Owner Name (Print) Property Street Address (in Bozeman)
Phone Number Email
SignaturePlease use the
INSTRUCTIONS
enclosed envelope
If you have qUestions or - . more information,
please email info@Save6ozenian.comor 406-581-1135.
1 MCA§ 76-2-305(1)specifies that the requirements of section 76-2-303(2)apply equally to changes or amendments to zoning requirements. It
further provides that an"amendment if a protest against[an amendment] is signed by the owners of 25%or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA§ 76-2-305(2). Consistent with this statutory provision,Section 38.36.040 of the UDC provides that in
the"case of protest against [such amendments]signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change,or those lots 150 feet from a lot included in a proposed change,such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
www.SaveBozeman.org Face book.com/Save Bozeman
PETITION
I L (RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 18t', 2017,the City of Bozeman will.determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District("Design
Guidelines").
We,as owners among the 25%or more of lots located 150 feet from a B3 zoned property,hereby oppose the affirmation and re-adoption of
Subchapter 4B,without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC,adding Subchapter 4B to the Design Guidelines incorporated therein by reference,may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.I
*A two-thirds majority of 4 out of S city commissioners would need to vote 'favorably"to reaffirm and readopt if S commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
r z ZtF- #6
M 7-
Old
1 MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an"amendment if a protest against [an amendment] is signed by the owners of 25%or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the"case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
(RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District ("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.I
*A two-thirds majority of 4 out of S city commissioners would need to vote 'favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
y iC l7 / 1 as /�, ��Nv 2ti r9 -58,2
S f X,, 2/5 S G -yo5�g'
/a 15 Xl o sue/ /$ S 66 -' o K
11 5 lope 1 l `� �o \ C 71-`
r��� p a2t7 0 C{,)eC" �3ZJ`-�
1�Z i� Yc'�1a 1 "bzn S9`11S 5�;?- 589Z
'!16f ,E Za l'te 1,2 51745" 5 Y 7 -56 42 `L
F_
1 MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an "amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
L (RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District ("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.1
*A two-thirds majority of 4 out of 5 city commissioners would need to vote 'favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
1 MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an "amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b) those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the"case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
(RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.I
*A two-thirds majority of 4 out of 5 city commissioners would need to vote `favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
CiitilC>JE2 21 �,2AC 1 dC--
MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an "amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
Opposition to Reaffirm & Readopt
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.'
*A two-thirds majority of 4 out of 5 city commissioners would need to vote 'favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
"l1 7 1iCr � - h'c�c �v7 �. � z �°7
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.) CY
1 W. 13A0Q-rA_ 2 .
01
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A2A E- l 1 $oz� '?bo U2 - i0-9
www.SaveBozeman.org • • • • •
C,
' MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an "amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
U
PETITION
L (RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 181h, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District ("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 413, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.1
*A two-thirds majority of 4 out of 5 city commissioners would need to vote 'favorably" to reaffirm and readopt if 5 commissioners are present.
Date Property Owner Name Address City/State Zip Phone Email Address
LU
G 6_1 /�+l- 1,.CC 3�� /�!, 'J 2 t...
� -v►t" �t� - 353� Glcc �-.c�c�,l��,,r��„�teo� ,
0 v„-e, _craw,
' MCA § 76-2-305(1) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an "amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1
PETITION
2 (RE: Opposition to Reaffirm & Readopt Subchapter 4B)
On Monday, September 18th, 2017, the City of Bozeman will determine whether or not to affirm and readopt the inclusion of Subchapter 4B
Guidelines for the B3 Commercial Character Area into the Design Guidelines for the Neighborhood Conservation Overlay District("Design
Guidelines").
We, as owners among the 25% or more of lots located 150 feet from a B3 zoned property, hereby oppose the affirmation and re-adoption of
Subchapter 4B, without changes to mitigate adverse impacts to our property resulting from Subchapter 4B. We further understand that this protest
will require that this amendment to the UDC, adding Subchapter 4B to the Design Guidelines incorporated therein by reference, may not become
effective except upon a favorable vote of two-thirds* of the present and voting members of the Bozeman City Commission.'
*A two-thirds majority of 4 out of 5 city commissioners would need to vote `favorably" to reaffirm and readopt if 5 commissioners are present.
Date P tv Owner Name Address City/State ZipPhone Email Address
lz 2,�ara �� 3 a,_eolar�Ck Rzs-��s-qb�� o(e�6� �Voe sv► ce�,�v
T9775
MCA § 76-2-305(l) specifies that the requirements of section 76-2-303(2) apply equally to changes or amendments to zoning requirements. It
further provides that an"amendment if a protest against [an amendment] is signed by the owners of 25% or more of...(b)those lots...150 feet from a
lot included in a proposed change." MCA § 76-2-305(2). Consistent with this statutory provision, Section 38.36.040 of the UDC provides that in
the "case of protest against [such amendments] signed by the owners of 25 percent or more of either the area of the lots included in any proposed
change, or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of
two-thirds of the present and voting members of the city commission."
1