HomeMy WebLinkAbout638300224218019514) Z-U51.16 Walton.,Homestead
Mods to PUD
1193 N. 15tn Avenue
Oakaay, LLC.
May 3, 2005
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FILE REVIEW SHEET
° PLANNED UNIT DEVELOPMENT
File Name: File Number. '
5 t II
Keference Files:
Date Date Done N/A
Due Done By
DRC initial week review W13g t 3 ❑
DRC second week review (� $ d S 4 ❑
DRC final week review 1� g �'� XK ❑
DU review (C,00 VA S e - O I ' 0 S-Kr ❑
DRB staff report e ( Tj s ❑
WRB review- if applicable
Conunents from other review agencies due
Notice to applicant and adjoiners (not less than 15 or more than 30 working days 5 Elbefore the City Commission hearing) /5- (� I
Post notice (not less than 15 or more than 30 working days before the City
Commission hearing) �5 El
Newspaper notice (not less than 15 or more than 30 working days before the City g q ❑
Commission hearing) U 1
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City Commission staff report due g 3 C ❑
City Commission hearing date �e,S (� S ❑
Final approval letter to applicant ❑
Recommended Recommended Approval Recommended Date N/A
Approval with Conditions Denial
DRC action V ❑
DRB action ❑
WRB action
Approved Approved with Conditions Denied Date
City Commission action 05
Date Final Site Plan due: 3 b
Improvements Agreement required? ❑ Yes ❑ No Date returned:
Date of Final Site Plan approval:
Date Final Site Plan approval expires:
Date financial guarantee received:
Date financial guarantee expires:
Date financial guarantee released:
Date Temporary Occupancy is granted:
Date Final Occupancy is granted:
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REVIEW FOR COMPLETENESS BY <
IF COMPLETE, GIVE TO CAROL FOR F6,16 IF
INCOMPLETE, WRITE/CONTACT APPLICANT
AND EXPLAIN WHY BY:
�
.To DRC. 3 —/ `
To DRB:
DRB Report due: '
To Planning Board:
Planning Board Report due:
To Zoning Commission:
Zoning Commission Report due:
To City Commission: —
City Commission packet due: 3
City Commission Work Session:
• Notice to Paper for publication
Notice to Adjoiners/Po t: t
MAY - 3 2005 f
Application for
Modification to Planned
Unit Development
1 for
Walton Homestead Subdivision
1 Prepared by:
1 jds
�
arch i t e c t s inc.
2413 west main street suite 2
1 bozeman,mt 59718
1 '
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JDS ARCHITECTS, Inc.
' JESSE D. SOBREPENA,AIA
2413 West Main St. Ste. #2
Bozeman,Mt. 59718
' Phone#:406-556-8080
Cell# :406-581-3939
Fax# :406-585-1677
April 28, 2005
1 .
RE: Scrubby's Car Wash(Walton Homestead Subdivision)
' Dear Susan:
' Please find for your review and comment, a Planned Unit Development Modification application.
The Modification we are requesting is for Lot 3, of Block 3,of Walton Homestead Subdivision.
Under the current planned unit development for Walton Homestead Subdivision, Lot 3, of Block 3, has been
designated for both a car wash, and laundry facility. We are requesting a modification to the Walton Homestead
P.U.D. to allow an automatic car wash in leu of the laundry facility use.
Please contact me, or Kevin Cookwith any questions you might have.
1
Sincerely,
i
Jesse D. Sobrepena, AIA
JDS Architects, Inc.
2413 W. Main St., Ste. 2
Bozeman, MT 59718
Cc: Kevin Cook, Steve Green
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Walton Homestead PUD Modification . April 28,2005
Table of Contents
' Page
1. Introduction 2
2. Land-Use Objectives 2
!, 3. Employees 2
4. PUD Modification Rational 2
5.Land-Use Mitigation 3
6. Energy Consumption 3
7. Existing WHS Subdivision Map/Zoning Map 4
8. Proposed WHS Subdivision Map/Zoning Map 5
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' Walton Homestead PUD Modification April 28,2005
1. Introduction
' Under the current planned unit development for Walton.Homestead Subdivision, Lot 3,of Block3, has been
designated for both a car wash and laundry facility. We are requesting a modification to the P.U.D. to allow an
' automatic car wash in lieu of the laundry facility.
The Scrubby's Car Wash development in the Walton Homestead Subdivision(WHS) is intended to provide both
' the resident's of Bozeman and specifically the resident's of WHS a new state of the art car wash facility. The
project would provide both self-service and automated facilities with an optiorial_c`offee_shop_component as part of
' the automatic car wash.
The main goal in implementing this modification is to place an appropriate small business that will complement
' the demographics of the Walton Homestead Subdivision. Walton Homestead Subdivision will be primarily
comprised of single family homes, town homes and condominiums, all of which provide laundry rooms as part the
unit, creating little need for a nearby laundry facilities. Rather than providing a laundry facility with little need
within the WHS, we feel a full service car wash would better serve both the residents of WHS and the residents of
the many and growing nearby residential subdivisions.
2. Land-Use Objectives
The main objective of the WHS car wash is to offer a convenient use for both the resident's of WHS and growing
nearby residential subdivisions.
3. Employees
The estimated number of employees to manage and maintain both the automatic and self service car wash would
nf hop-co -added,=this wouldrequire_an_additionaF-T_E7be one-full-timeo-p rsI f
4. PUD Modification Rational
It is our opinion that both the immediate residents and the surrounding community would be better served by the
addition of an automated car wash in lieu of a laundry facility. The majority of the WHS is planned for single
' family residences,town homes, and/or condominiums all of which provide laundry facilities as part of the unit or
residence. The apartments designed for this subdivision will likely provide stacked closet style laundry facilities
within its units. We have looked in to a number of new apartment complex projects locally and have found the
trend in new apartment complexes is to provide laundry facilities either as part of the apartment unit, or as a
common laundry facility on site. In this event, the need for a laundry facility within the WHS would be greatly
diminished. Furthermore it has come to our attention that the land use for the Covered Wagon Mobile Home Park
land will be changing from a residential to a commercial land use, further reducing the need for a laundry
component within WHS.
In addition, due to the rapidly growing Bozeman community and due to the lack of new full service car wash
facilities over the last twenty years the Bozeman community is overdue for the type of car wash facility we are
' proposing.
' 2
Walton Homestead PUD Modification April 28,2005
iRather than providing a potential obsolete service in this subdivision that might sery the short term needs of a
small localized community, we propose an automated car wash that would help sery the needs of the Bozeman
community presently and in the future.
5. Land-Use Mitigation
' The proposed car wash site is on the edge of the R-O zoning designation for WHS with high density residential
zoning R-3 to the immediate south of the project. We feel we have created a project that reacts and responds to
i' both the residential development to the south and the commercial development to the north. Through the use of
residential style roof lines and the residential scale of the car wash project, we are mitigating the transition from
residential to commercial zoning. The project also addresses the light commercial development to the north
' through its use of commercial style building materials. Brick, split face CMU and limited amounts of EIFS will
respond appropriately with the commercial development within the subdivision.
i
6. Energy Consumption
The resident's of WHS and the surrounding residential areas will wash their vehicles in the immediate vicinity of
WHS rather than driving to further locations,thus reducing the amount of gas consumption for the resident's of
' WHS and the nearby residential neighbors. In addition to reducing the amount of gas consumption for the
resident's in the WHS and nearby communities the state of the art car wash would help reduce the amount of
traffic outside of the immediate WHS area to help curb Bozeman's growing traffic concerns.
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Co. OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net
Bozeman, Montana 59771-1230 www.bozeman.net
July 18, 2007
Durston Development, Inc.
Kevin Cook
1970 Stadium Dr., Ste. C
Bozeman, MT 59715
Re: Oak Street Office Building Bank STUP #T-07004
Dear Mr. Cook:
Your request for a Special Temporary Use Permit (STUP) at 1276 North 15ih Avenue, Suite 102
to allow the use of a portion of an existing office building zoned R-O (Residential Office District)
temporarily as a bank has been approved, with the following conditions:
1) The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and
permits shall be obtained as required by the Building Division (582-2375) prior to
commencement of construction;
2) Any signage must be permitted prior to placement on the premises, as required by the
Bozeman Municipal Code, with application to and approval by Vicki Hasler, Code
Enforcement Officer, 20 East Olive Street;
3) This permit shall be valid for a period of three (3) years or until July 18, 2010, and may
only be extended (for not more than one year) upon written request and approval from the
City Planning Department; and
4) Please be advised that this change in proposed use, from general office to financial
institution, even on a temporary basis, may result in additional impact fees being owed to
the City of Bozeman. Assistant Director Chris Saunders is considering this issue in
conjunction with the building permit application, and will advise you of any additional
fees owed.
If you have any questions, please contact the City Planning Office at 582-2260. Thank you for
your cooperation.
Sincerely,
Jdrew C. Epple AICP
J
Director, Planning and Community Development
cc: Neil Poulsen, Building Division
Vicki Hasler, Code Compliance Officer
Debbie Arkell, Public Service Director
Carol Neibauer, Business Licenses
Chris S unders, Assistant Planning Director
planning zoning subdivision review . annexation historic preservation housing grant administration neighborhood coordination
15, Block 14, Capitol Hill Addition, with deviations from Section 18.16.050 of the Bozeman Municipal Code,
to allow the new structure to encroach into the required 5-foot side yard setback, and from Section
18.46.020.D, to allow the garage interior parking spaces to have less than the required 26-foot backing
distance, be approved subject to the following conditions:
1. The applicant shall submit one additional elevation drawing (of either the west or
east elevation) that depicts both the existing and proposed construction on the
subject property. The proposed construction shall be at least one foot below the
height of the principal, existing single-household on site. Applicant may choose the
technique and manner of lowering the proposed garage height at his discretion, but
shall provide an amended elevation drawing for final design review and approval by
Administrative Design Review Staff.
2. The applicant shall submit one additional site plan clearly depicting the covered and
uncovered areas of the proposed patio between the new garage and existing single-
household structure. The applicant should note that all covered patio counts toward
the rear lot coverage, which is a maximum of 25 percent. The amended site plan
shall be for final design review and approval by Administrative Design Review Staff.
3. The new garage's exterior siding and window materials shall match, or be closely
compatible to, the existing single-household structure.
4. The applicant shall provide a color and materials palette for final design review and
approval by Administrative Design Review Staff.
5. The applicant shall obtain a building permit and pay all required fees prior to
construction, and within one year of Certificate of Appropriateness approval or this
approval shall become null and void.
6. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications, as required by Section 18.64.110
of the Bozeman Municipal Code.
7. This project shall comply with all provisions of the Bozeman Municipal Code,
including but not limited to:
■ Per Section 18.38.050.E, no accessory building shall exceed the
height or footprint of the principal building.
■ Per Section 18.38.050.H, structures may not occupy more than 25
percent of the area of the lot located to the rear of the principal
building.
■ Per Section 18.46.020.E, required parking spaces shall not be
located in any required front or side yard.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner
Krauss.
"Conditional Use Permit - modification to Walton Homestead Planned Unit Development with
expanded relaxations to allow larger car wash facility consisting of five-bay self-serve car wash and--
one-bay automatic car wash in two buildings on same lot rather than small-scale car wash
previously approved - JDS Architects for Oakway, LLC and Steve Green (Z-05116)
This was time and the place set for the public hearing on the Conditional Use Permit for modification
to the Walton Homestead Planned Unit Development, as requested by JDS Architects for Oakway, LLC,
and Steven Green under Application No. Z-05116, with expanded relaxations to allow the construction of
09-06-05
- 10 -
a larger car wash facility consisting of a five-bay self-service car wash and a one-bay automatic car wash
on Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II, which was originally planned to contain
a small-scale car wash and a laundry facility. The subject parcel lies along the west side of North 15th
Avenue, between West Juniper Street and West Oak Street.
Public hearing.
Mayor Cetraro opened the public hearing.
-Planner_Susan.Kozub.presenied the-staff'report She stated this modification has been requested
because of a proposal to construct a larger car wash facility than was originally planned for the lot, which
was originally to include a small-scale car wash and a laundromat. She indicated that a car wash is not
allowed in the zoning district, but could be allowed under this planned unit development. She noted that
staff has reviewed this application in light of the applicable criteria and, as a result of that review, has
forwarded a recommendation for approval, subject to one condition. She stressed that this modification is
to apply to Lot 3, Block 3, only.
Mr.Jesse Sobrepena,architect representing the applicant, stated the proposed automatic car wash
is to be constructed in lieu of the laundry facility, and he believes the result will be a more complete amenity
to the subdivision. He suggested there is little or no need for a laundry facility in the subdivision, since a
majority of it is planned for single-family dwelling or condominiums with their own laundry facilities. He
indicated that residential roof lines are to be incorporated into the facility, and the materials are to be
compatible with residential uses.
Mr. Kevin Cook, applicant, noted the design is similar to the original plan. He stated that a car wash
facility was recently closed in the general area, and he feels this application will result in an amenity to the
site. He also noted that it will have good ingress and egress from North 15th Avenue.
Responding to Commissioner Krauss, Planner Kozub indicated that the pedestrian access shown
on the plan is from an old map and is not being required.
Commissioner Kirchhoff noted that, while he did not vote for the Walton Homestead PUD, he is
impressed with the manner in which it is being developed, with great architectural controls being utilized.
He then asked about the possibility of extending an east/west street through the development, to access
the property to the east when it develops.
Mr. Cook responded that the lots have been sold, and he has no ability to address that issue. He
indicated that Juniper Street will extend both east and west from this property.
No public comment was received on this application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Conditional Use Permit for modification to the Walton Homestead Planned Unit Development,as requested
by JDS Architects for Oakway, LLC, and Steven Green under Application No. Z-05116, with expanded
relaxations to allow the construction of a larger car wash facility consisting of a five-bay self-service car
wash and a one-bay automatic car wash on Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II,
which was originally planned to contain a small-scale car wash and a laundry facility, be approved subject
to the following condition:
1. The approval for the expanded car wash facility is limited to five self-service bays
and one automatic bay and only applies to Lot 3, Block 3, Walton Homestead
Subdivision PUD, Phase II.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting
No, none.
09-06-05
Preliminary plat for Cottonwood Condos - subdivision of 35.254 acres located between Ferguson
Avenue, Resort Drive, West Babcock Street and Fallon Street into 3 lots - C&H Engineering and
Surveying, Inc., for Ken LeClair and Delaney & Company (P-05024)
This was the time and place set for the public hearing on the preliminary plat for Cottonwood
Condos, as requested by C&H Engineering and Surveying, Inc., for Ken LeClair and Delaney & Company
under Application No. P-05024, to allow for subdivision of 35.254 acres described as the Amended Plat of
Lot 2A-1, Minor Subdivision No. 338A, Spring Creek Village Resort, into three lots. The subject property
is generally located between Ferguson Avenue, Resort Drive, West Babcock Street, and Fallon Street.
Public hearing.
Mayor Cetraro opened the public hearing.
Associate Planner Jami Morris presented the staff report. She noted this is a second and
subsequent subdivision, and will create two additional lots for some office development. She reminded the
Commission that in 2003, approval was granted for the construction of 156 condominium units, and that
project is currently under construction.
The Associate Planner stated that staff has reviewed this application in light of the applicable criteria
and staff's comprehensive findings are contained in the written staff report. She noted that, based on the
"R-O" zoning, staff finds the mix of residential lots and offices is appropriate. She concluded by forwarding
staff's recommendation for approval, subject to one condition and the requirement to comply with code
provisions.
Mr. Michael Delaney,applicant,voiced concurrence with the staff report and a willingness to respond
to questions.
No public comment was received on this application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the preliminary
plat for Cottonwood Condos, as requested by C&H Engineering and Surveying, Inc., for Ken LeClair and
Delaney & Company under Application No. P-05024, to allow for subdivision of 35.254 acres described as
the Amended Plat of Lot 2A-1, Minor Subdivision No. 338A, Spring Creek Village Resort, into three lots be
approved subject to the following condition:
1. Buildings proposed for construction with crawl spaces or basements shall include
engineer certification regarding depth of groundwater and soil conditions and
proposed mitigation methods to be submitted with each building permit. The final
plat shall include a notation that, due to high ground water conditions, full or partial
basements are not recommended.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro;those voting
No, none.
Appeal of administrative interpretation pertaining to replacement and upgrade of power lines and
poles in Bozeman Creek corridor for NorthWestern Energy - Frank Munshower and Jim Pepper
C-05004
This was the time and place set for the hearing on the appeal of administrative interpretation
pertaining to the replacement and upgrade of power lines and poles being classified as a Type I Essential
Service, as submitted by the Bozeman Creek Neighborhood Association, as represented by Frank
Munshower and Jim Pepper, under Application No. C-05004.
09-06-05
- 12 -
Appellate hearing
Contract Planner Lanette W indemaker presented the staff report. She noted that a local distribution
line is classified as a Type I service, and the replacement of those lines and poles warrants no additional
review procedures. The Planning Director has determined that the NorthWestern Energy lines through this
area are local distribution lines; and the appellants have filed because they feel that is not an appropriate
classification. She reminded the Commissioners that four affirmative votes are required to overturn that
determination.
At Commissioner Kirchhoff's request, City Attorney Luwe briefly outlined the process to be followed
in this appellate hearing, encouraging the Commissioners to ask questions throughout the process. He
reminded the Commission that the decision is whether or not the Planning Director was correct in his
interpretation that this is a Type I Essential Service, noting that if the Commission determines it is not,
NorthWestern Energy will be required to go through the review process again. He indicated that, if the
Commission does not uphold the appeal, the appellants may pursue the issue in District Court or seek a
zone code amendment to change the definitions of Type I and Type II Essential Services.
Mr. Frank Munshower, Chair of the Bozeman Creek Neighborhood Association, stated that they
have filed the appeal because the line extends across their area. He then introduced the appellants'team.
Mr. Brian Gallik, attorney representing the Bozeman Creek Neighborhood Association, provided
reasons for why the NorthWestern Energy facilities should be classified as Type II rather than Type 1
Essential Services. He noted that the County Commission approved the upgrade of the substation on a 2
to 1 vote in July, after which the company met with the Planning Department to discuss the planned
upgrades to its transmission lines. He voiced concern that no member of the Association or any landowner
was present during those discussions. Further, Planning Director Epple has indicated there was an internal
debate on how to properly classify this proposal prior to his determination being made. He noted that,while
the Planning Director determined this was a Type I facility, it is clear from the affidavits and testimony that
NorthWestern Energy recognizes this is more of a sub-transmission line than a local service line. He noted
that, once his clients saw the "Washington Monument with arms" being erected, they filed an appeal, but
construction was not stopped until they went to court and obtained a temporary restraining order and
hearing date. In its findings, the Court indicated that the Association has the fundamental right of due
process,and the restraining order gives the Commission time to address the issue. He concluded by asking
the Commission to overturn the Planning Director's determination.
Mr. Jim Pepper, representing the Bozeman Creek Neighborhood Association, highlighted the
materials from the Association that were included in the Commissioners' packets. He drew attention to the
landscape plan for the project,which references transmission lines;and a map of the neighborhood showing
the extent of the project. He reminded the Commission that when a conflict exists in the code, the more
restrictive shall govern. He stressed that the poles on which transmission lines are located are substantially
different, being taller, with different insulators and more wires. He noted that these are transmission lines
and not the distribution lines found in other parts of the community. He drew attention to the fact that
substations are classified as Type II Essential Services, and questioned why they would be connected with
Type I lines. He indicated that distribution lines in are found on poles between 30 and 45 feet tall; these
poles are 621/z feet tall and are strikingly different from the 40-foot-tall poles they are replacing. He noted
the only 70-foot-tall pole in Bozeman is located at the intersection of Baxter Lane and Thomas Lane, and
the poles between Bozeman, Four Corners and Belgrade are not as tall as the poles in his back yard.
Mr. Pepper noted that no electrical energy is generated in Bozeman, so all of the energy must be
transmitted to the substations, where the voltage is reduced and released into the distribution system and
to the end users. He stated these lines are an integral part of the system that serves not only Bozeman but
links to Belgrade, Four Corners and Livingston. He identified scale as one of the primary differences
between Type I and Type II facilities and stated Type II facilities are not compatible with neighborhoods.
He concluded by asking that the Commission determine that the more restrictive requirements apply in this
situation.
Mr. Mike Etchingham, 1510 South Rouse Avenue, stated he now lives 100 feet from a 62-foot-tall
white pole that is an eyesore in the community. He voiced his agreement with Mr. Pepper's comments and
asked the Commission to overturn the Planning Director's decision.
09-06-05
CISDF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
aD �
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozeman.net
Bozeman, Montana 59771-1230 www.bozeman.net
September 13, 2005
Oakway,LLC
2066 Stadium Drive, Suite 2
Bozeman MT 59715
RE: Walton-Homestead-CUP_/_PUD, #Z45116-& Scrubby's Carwash, #Z-05117
Dear Kevin: j
I
Regarding Application #Z-05116, your request to modify the Walton Homestead PUD to allow a carwash
facility consisting of a five-bay self-service carwash and one-bay automatic carwash at 1193 North 15"
Avenue lot.was approved by the City Commission on 6eptember 6, 2005. Please provide the Planning
Office with a copy of the enclosed Conditions of a Conditional Use Permit once this document has been
recorded at the Clerk & Recorder's Office. Note the following condition and code provisions that apply to
this project:
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Condition of Approval:
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1. The approval for the expanded carwash facility is lirnited to five self-service bays and one automatic
bay and only applies to Lot 3,Block 3,Walton Homestead PUD.
Code Provisions:
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a) 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.
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b) That all of the special 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 site plan approval or commeniicement of the conditional use.
Regarding Application #Z-05117, on Tuesday,June 14, 2001,5, the Planning Director conditionally approved
your Preliminary Site Plan application to allow the construction of a five-bay self-service carwash and one-
bay automatic carwash on property located at 1193 North 15`h Avenue. The decision was based on the fact
that, with conditions and code provisions, the proposal co Implies with the requirements of the UDO, will
not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose
and intent of the Bozeman 2020 Community Plan.
I
Seven copies of a Final Site Plan which shows how all conditions of approval and code provisions have
been addressed must be submitted to the Planning & Community Development Department within 6
months, by December 14, 2005. The submittal must be accompanied by a written narrative explaining
how all of the conditions of approval and code provisions have been addressed. If the Final Site Plan
cannot be submitted within the six month period as previou`sly referenced, a six month extension may be
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planning • zoning • subdivision review • annexation • historic preservation housing • grant administration • neighborhood coordination
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granted by the Planning Direc* Note the following conditions and provisions that apply to this
project:
Conditions of Approval:
1. Final approval of this application is contingent upon City Commission approval of the Conditional
Use Permit to Modify the Walton Homestead PUD (#Z-05116).
2. The Final Site Plan submittal must include written approval from the Walton Homestead
Architectural Review Committee.
3. The Final Site Plan submittal shall include bicycle rack, fence, and trash enclosure details.
4. A minimum of five (5) feet of landscape buffer shall be provided along the western property line.
The buffer shall include a fence and plantings.
5. Plantings in the pedestrian easement shall allow for a potential future pedestrian path or connection
to the property to the west.
6. A Pretreatment Program Sanitary Sewer Survey shall be completed by the Applicant and submitted
to the Engineering Department prior to FSP approval. With the pretreatment survey please include
a pretreatment maintenance plan for the sand and oil separator that outlines how the separator will
be maintained, by whom,how often, and where the waste from the separator will be disposed of.
7. The applicant is advised that any newly-constructed establishments that could be a source of sand,
oils, or greases shall install an outside two-compartment sand/oil/grit interceptor. Interceptor
design and installation is subject to City of Bozeman Building Department approval. In accordance
with Municipal Code, the applicant is further advised that on-site maintenance records and
interceptor service shall be maintained on a regular basis and made available to the City upon
request.
8. The applicant shall submit a construction route map dictating how materials and heavy equipment
will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified
Development Ordinance. This shall be submitted as part of the final site plan for site developments,
or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to
ensure that the construction traffic follows the approved routes.
9. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer shall
be responsible to reimburse the City for all costs associated with the work if it becomes necessary
for the City to correct any problems that are identified.
Code Provisions:
a) Section 18.34.130 requires the applicant to submit seven (7) copies a Final Site Plan within 6 months
of preliminary approval containing all of the conditions, corrections and modifications to be
reviewed and approved by the Planning Office.
b) Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be
obtained within one year of Final Site Plan approval. Building Permits will not be issued until the
Page 2
Final Site Plan is approo ` •
c) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should
be incorporated into the roof form and ground!or wall-mounted equipment shall be screened with
walls, fencing or plant materials.
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d) Per Section 18.40.070 "Automobile Washing Establishment:" a) All detergents must be
biodegradable; b) Building surfaces shall be faced with masonry, brick, stucco, wood or some other
permanent looking material. Corrugated metal is prohibited; c) Trash and litter containers shall be
emptied daily. .In addition, the site shall be patrolled at least once daily in order to remove litter; d)
Sale of automobile accessories such as batteries,hires, gasoline, etc. is prohibited during any period
when establishment employees are not present; and e) Canopies are to be located not closer than ten
feet to any side or rear property line. Design of the canopy shall architecturally match the design of
the main building. All lighting shall meet the lighting standards of this title. The maximum height of
the canopy shall not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52,
BMC.
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e) Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on
the building must be included in the final site plan submittal. Lighting cut-sheets shall be provided
with the final site plan. !
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f) Per Section 18.46.040.B, the Final Site Plan submittal must include parking calculations for both the
automatic drive-through and the self-service stall's as noted in Table 46-3. Also, one van-accessible
disabled parking space with an eight foot aisle must be provided on site.
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g) Section 18.46.040.E states that all developments ;shall provide adequate bicycle parking facilities to
accommodate residents and guests. The location) and details for the bike rack shall be provided in
the Final Site Plan.
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h) The Final Site Submittal must indicate how the required 23 landscape points are being met in
accordance with Chapter 18.48. Note that any drought tolerant species proposed for points must be
specifically denoted in the Landscape Schedule. The preliminary landscape plan does not appear to
meet the required number of points. The final landscape plan must be signed and certified by a
landscape professional as outlined in Section 18.78.100.
i Per Chapter 18.52 all si including project identification si shall require a sign permit
p � �aeg � g any J �ae8 � q �
subject to review and approval by the Department of Planning & Community Development. Note
that signage is limited to 32 square feet in the R-O District.
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If you have any questions,please do not hesitate to contact me at 582-2260.
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Sincerely,
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t
' san:Kozub
Planner I
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Enc. Conditions of a Conditional Use Permit I
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CC: Steve Green, 1303 North 7th Avenue, Bozeman MT 59715
JDS Architects, 2413 West Main Street, Suite 2,Bozeman MT 59718
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Page 3
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CONDITIONS OF.APPROVAL FOR AjCONDITIONALUSE PERMIT
CONDITIONS OF APPROVAL OF A CONDITIONAL UE PERMIT
FOR PROPERTY LOCATEDAT 1193 NORTH 15TH AVENUE, BOZEMAN,MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use
Permit from the City of Bozeman to allow an additional Planned Unit Development relaxation for the
expanded use of a carwash facility at property located at 1193 North 151h Avenue;
WHEREAS, the subject property is legally Jscribed Lot 3A, Block 3, Walton Homestead
Subdivision Planned Unit Development(PUD),Phase II,City of Bozeman,Gallatin County;Montana.;
and I
WHEREAS, the Conditional Use Permit is slubject to the following condition and code
provisions:
Condition of Approval:
1. The.approval for the expanded carwash facilitp.is limited to five self-service bays and one
automatic bay and only applies to Lot 3, Block 3;Walton Homestead PUD.
Code Provisions:
a) 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.
b) That all of the special conditions shall constitute i 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 site (plan approval or commencement of the
conditional use. I
NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted one(1)condition
of Conditional Use Permit and code provisions shall be binding upon me,the undersigned owner of the
subject property, my successors or assigns, as long as the(subject property is being used as carwash
facility.
WALTON HOMESTEAD CUP/PUD#Z-05I16
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT
DATED THIS DAY OF , 2005.
PROPERTY OWNER
BY: KEVIN G. COOK,Vice President
DURSTON DEVELOPMENT CORPORATION,
A MONTANA CORPORATION
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of ,2005,before me a Notary Public of the State of Montana,
personally appeared Kevin G.Cook,Vice President of Durston Development Corporation,a Montana
Corporation, known to me to be the representative that executed the foregoing Improvements
Agreement,and acknowledged to me that he executed the same for and on behalf of said Corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
(Printed Name Here)
Notary Public for the State of Montana
Residing at
My Commission Expires:
(Use 4 digits for expiration year)
WALTON HOMESTEAD CUPIPUD#Z-05116
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• �. Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple,Planning Director
Chris Kukulski, City Manager
SUBJECT: Walton Homestead PUD Major Modification CUP/PUD, #Z-05116
MEETING DATE: Tuesday, September 6, 2005
BACKGROUND: This is an application for a Conditional Use Permit (CUP) to modify a Planned Unit
Development (PUD) with an expanded relaxation. In April of 2004, the Final PUD Plan was approved
with the following language under Section 2.01 "Allowed Commercial Uses," "A Laundry Mat is a
principal use for Building 6A only (as indicated on the final plan)" and "A Car Wash is a principal use for
Building 6B only (as indicated on the final plan)." This PUD Modification application proposes that both
buildings be used as an expanded carwash facility specifically with Building 6A as a one-bay automatic
carwash and 6B as a five-stall self-service carwash.
Please note that automobile washing establishment is not normally a permitted use in the R-O
(Residential Office District) which triggers the need for the expanded relaxation. Minor changes to PUDs
can be approved administratively; however, because these changes to the covenants include an expanded
zoning relaxation, the application must follow the same Planned Unit Development review and public
hearing process required for approval of preliminary plans.
This project is also undergoing concurrent Site Plan and Certificate of Appropriateness (COA) review for
the actual development of the site. Items related to materials, building design, pedestrian circulation, etc.
will be addressed through in-house review by Planning Staff. The plans are included in the PUD
Modification application for your reference only.
The Development Review Committee and the Design Review Board (by consent) have reviewed this
proposal. Comments and the recommended condition of approval and code provisions are included in
the attached Staff Report.
RECOMMENDATION: That the City Commission approve the PUD modification with the
condition and code provisions outlined by Staff.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission.
Respec m fully submitted,
/C
Andrew Epple,PlanningA ctor Chris Kukulski, City Manager
Attachments: DRB Minutes 8.10.05 &Applicant Submittal Materials
Report compiled on August 31,2005
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WALTON HOWIESTEAD#PUD W, �E DIFCATION
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ITEM: Conditional Use Permit Application #Z-05116 to modify fy an
approved Planned Unit Development(PUD) with an additional
zoning relaxation for permitted uses to allow a larger scale
carwash than was initially approved for Lot 3, Block 3, Walton
Homestead Subdivision PUD,Phase II,City of Bozeman,Gallatin
County, Montana
PROPERTY OWNER: Oakway, LLC
2066 Stadium Drive, Suite 2
Bozeman MT 59715
APPLICANT: Steve Green
1303 North 7th Avenue
Bozeman MT 59715
REPRESENTATIVE: JDS Architects
2413 West Main Street, Suite 2
Bozeman MT 59718
DATE/TIME: City Commission 7 pm. on Tuesday, September 6, 2005 in the
Commission Meeting Room, City Hall, 411, East Main 'Street,
Bozeman, Montana.
REPORT BY: Susan Kozub,Planner I
RECOMMENDATION: Conditional Approval
PROJECT LOCATION
The proposed PUD Modification would only apply to property located at 1193 North 15th Avenue.
This lot is legally described as Lot 3,Block 3,Walton Homestead Subdivision PUD,Phase II, City of
Bozeman, Gallatin.County, Montana. This property is zoned R-O (Residential Office District) and is
designated as "Business Park" on the Future Land Use Map of the Bozeman 2020 Community Plan.
Please refer to the following map.
Walton Homestead PUD Major Modification CUP/PUD, #Z-051 16 7
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Subject
Property
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PROPOSAL
The property owner, Oakway, LLC, and applicant, Ste i e Green, represented by JDS Architects, has
applied for a Conditional Use Permit (CUP) to modify a Planned Unit Development (PUD) with an
expanded relaxation.The Walton Homestead Preliminary PUD was conditionally approved by the City
Commission in January of 2003. One of the conditionsiof approval was that the Final PUD had to
include a more detailed and specific list of permissible uses. In April of 2004,the Final PUD Plan was
approved with the following language under Section 2.01 "Allowed Commercial Uses," "A Laundry
Mat is a principal use for Building 6A only (as indicated on the final plan)" and "A Car Wash is a
principal use for Building 6B only(as indicated on the final plan)."This PUD Modification application
proposes that both buildings be used as an expanded carwash facility specifically with Building 6A as a
one-bay automatic carwash and 6B as a five-stall self-service carwash. Please note that a carwash,
classified in the Unified Development Ordinance(UDO)as an"Automobile Washing Establishment,"
is not normally a permitted use in the R-O (Residential Office District); hence the need for the
expanded relaxation. The proposal also includes the request of a potential coffee shop component;
however, this is already listed as a principal use in the Final PUD as "Limited Restaurant facilities
serving breakfast and lunch,including coffee shops no large than 20 percent of the building gross floor
area." I
Minor changes to PUDs can be approved administratively; however, because these changes to the
covenants include an expanded zoning relaxation, the application must follow the same Planned Unit
Development review and public hearing process required for approval of preliminary plans.
Please note that this project is also undergoing concurrent Sitle Plan and Certificate of Appropriateness
(COA) review for the actual development of the site. Items related to materials, building design,
pedestrian circulation, etc.will be addressed through in-house review by Planning Staff.The plans are
included in the PUD Modification application for your reference only.
ADJACENT LAND USES & ZONING I
I
The subject property is zoned R-O (Residential Office District)!The intent of the R-O residential office
district is to provide for and encourage the development of multi-household and apartment
development and compatible professional offices and businesses that would blend well with adjacent
i
Walton Homestead PUD Major Modification CUP/PUD, #Z-05116 2
i
land uses. Again, a carwash facility is not a use normally allowed in the R-O District; however, the
applicants have asked for an expanded relaxation through the Planned Unit Development review
process. The following land uses and zoning are adjacent to the subject property:
North: Vacant property in Walton Homestead PUD, zoned R-O (Residential Office District)
South:Vacant property in Walton Homes tead PUD, zoned R-O (Residential Office District)
East: Vacant property in Walton Homestead PUD, zoned R-O (Residential Office District)
West: Mobile Home Park in the county
GROWTH POLICY DESIGNATION
The subject property and the properties to the north, south, and east are all designated as "Business
Park." This classification provides for areas typified by office uses and technology-oriented light
industrial uses,although retail,services,or industrial uses may also be included in an accessory or local
service role. The mobile home park to the west is designated as "Residential"in the 2020 Plan.
REVIEW CRITERIA& FINDINGS
In approving a modification to a Planned Unit Development application, the City Commission shall
consider the criteria outlined in the Unified Development Ordinance including Section 18.34.090"Site
Plan and Master Site Plan Review Criteria;" Section 18.34.100 "City Commission Consideration and
Findings for Conditional Use Permits;"and Chapter 18.36"Planned Unit Development."Again,please
note that this application does not include any changes to the streets,parks,open spaces,trails,
or overall subdivision layout;therefore,many of the review criteria are non-applicable. Planning
Staff has evaluated the application against the relevant review criteria that are applicable to the proposed
PUD modification and offers the following summary review comments below.
Section 18.34.090 "Site Plan and Master Site Plan Review Criteria"
In considering applications for site plan approval under this title,the City Commission shall consider the
following:
1. Conformance to and consistency with the City's adopted growth policy
Again, the property is designated as "Business Park" according to the adopted growth policy.
This classification provides for areas typified by office uses and technology-oriented light
industrial uses, although retail,services,or industrial uses may also be included in an accessory
or local service role. Specific goals related to the 2020 Plan include the following:
Chapter 6.6.2, Objective J. Support and encourage compatible infill development to
avoid sprawl and unnecessary public expense.
Again, this project will provide local service opportunities on land that is currently vacant and
within the City Limits. The design of the carwash facility must meet the required architectural
guidelines from the Walton Homestead PUD and will be compatible with other properties in
the neighborhood as they develop.
Chapter 6.63, Objective 3.Encourage a mix ofdiverse commercial and residential uses
to instill an active atmosphere and twenty-four h o urpres en ce.
Walton Homestead PUD Major Modification CUP/PUD, #Z-051 16 3
•
The proposed use of a carwash and coffee shop contributes to the overall PUD's mix of
commercial, office, and residential uses.
Chapter Z6.1, Objective 1.•Support business creation, retention, and expansion.
The proposal will allow an existing business to expand.
2. Conformance to this title, including the cessation of any current violations
The property owner must comply with all provisions of the Bozeman Municipal Code,which
are applicable to this project prior to receiving Final Site Plan approval. 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. The following code provisions must be addressed
with the final submittal:
a) 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.
b) That all of the special 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 site plan approval or
commencement of the conditional use.
3. Conformance with all other applicable laws, ordinances, and regulations
The proposal conforms to all other applicable laws,ordinances,and regulations.All conditions
for a Conditional Use Permit must be met prior to final site plan approval including the
recording of the conditions for the Conditional Use Permit. The plans for the actual carwash
will be further evaluated against the requirements of the International Building Code at the time
application is made for a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
The site plan review process as well as the PUD architectural guidelines will ensure compatibility
with the surrounding properties and neighborhood.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The proposed modification will not affect the anticipated traffic volumes.The site plan will be
evaluated to ensure adequate parking for the proposed use with the Final Site Plan.
6. Pedestrian and vehicular ingress and egress
The proposed modification does not affect pedestrian and vehicular access. This will be
addressed through the site plan review.
Walton Homestead PUD Major Modification CUP/PUD, #Z-05116 4
i
7. Landscaping,includin the enhancement of buildings,the appearance of vehicular use
,
open space, and pedestrian areas, andl the preservation or replacement of natural
vegetation I
Landscaping will be evaluated for 23 points with the Final Site Plan. The applicants have been
advised that the preliminary landscape plan does not meet minimum point requirements.
Additional screening will be required for the vacuum area as noted in the site plan conditions of
approval.
8. Open space I
Required open space was provided with the PUD. No additional open space is required with
this modification.
9. Building location and height
Building location and height will be evaluated with site plan review. The proposed PUD
Modification is related to use and does not directly affect building locations or height.
10. Setbacks I
The setbacks in the R-O zone are 20 feet in the front for collector streets, 20 feet in the rear,
and 5 feet on the sides. Parking and drive accesses may encroach into the rear yard and into the
side yard if it is a shared driveway. The proposed plan meets required setbacks. The Final Site
Plan will also be reviewed to ensure compliance with setbacks.
11. Lighting I
All lighting must meet provisions of Section 18.J.150 as noted in the site plan code provisions.
g g P IIic
P 12. Provisions for utilities, including efficient pub services and facilities
Not applicable; this was dealt with through the subdivision.
13. Site surface drainage
Not applicable; site surface drainage is taken care of through the subdivision.
14. Loading and unloading areas I
Not applicable; there are no loading and unloading !areas.
15. Grading
Not applicable;none proposed. I
16. Signage
Not applicable;none proposed.
Walton Homestead PUD Major Modification CUP/PUD, #Z-051 16 5
I
17. Screening
I
All mechanical equipment must be adequately screened as noted in the site plan code
provisions.
18. Overlay district provisions I
The subject property is located within an approved PUD and the West Oak Street Entryway
l p p tYI '�' Y
Overlay District and has been evaluated against relevant portions of the Architectural
Guidelines and the Design Objectives Plan. I
19. Other related matters, including relevant comment from affected parties
The Planning Office has not received any written comments in reference to this project.
t
I
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:
a. 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;
b. 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.
i
The shared access is required to have a shared access easement. Again, this is a site plan
issue and is not required as part of the PUD Modification.
I
Section 18.34.100"City Commission Consideration and Findings for Conditional Use Permits"
In addition to the review criteria outlined above,the City Commission shall,in approving a conditional
use permit, find favorably as follows: I
i
1. That the site for the proposed use is adequate in size and topography to
accommodate such use,and all yards,space's,walls and fences,parking,loading and
landscaping are adequate to properly relate�.such use with the land and uses in the
vicinity. I
This lot was originally planned to be a carwashl and laundry facility. The applicants are
proposing the elimination of the laundry facility and the expansion of the planned carwash
due to their market analysis of the area.
I
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. it
Staff does not find that the proposal will have adveerse effects on abutting properties. Staff
has included additional screening requirements with the site plan application.
Walton Homestead PUD Major Modification CUP/PUD, #Z-051 11i6 6
1
• .
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: regulation of use; special yards, spaces, and buffers; special
fences, solid fences and walls; Surfacing of parking areas; Requiring street,service
road or alley dedications and improvements or appropriate Bonds; Regulation of
points of vehicular ingress and egress;Regulation of signs;Requiring maintenance
of the grounds; Regulation of noise,vibrations and odors; Regulation of hours for
certain activities; Time period within which the proposed use shall be developed;
Duration of use;Requiring the dedication of access rights;Other such conditions as
will make possible the development of the City in an orderly and efficient manner
Staff does not find any additional conditions necessary.
Section 18.36.090 "Planned Unit Development Design Objectives and Criteria"
In addition to the review criteria outlined for site plan and conditional use permit review, the City
Commission shall,in approving a planned unit development, find favorably as follows:
a. All Development.All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the
mandatory "All Development" group.
1. Does the development comply with all City design standards,requirements and
specifications for the following services: water supply, trails/walks/bike ways,
sanitary supply, irrigation companies, fire protection, electricity, flood hazard
areas, natural gas, telephone, storm drainage, cable television, and streets?
Non-applicable; city design standards for services are addressed with each phase of
subdivision review and each individual site plan.
2. Does the project preserve or replace existing natural vegetation?
Non-applicable; there is no existing natural vegetation on the lots.
3. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized and cohesive planned unit development?
The proposed site plan for this lot works within the context of the overall PUD.
4. Does the design and arrangement of elements of the site plan (e.g. building
construction,orientation,and placement;transportation networks;selection and
placement of landscape materials;and/or use of renewable energy sources;etc.)
contribute to the overall reduction of energy use by the project?
This specific lot does not affect the overall PUD.
S. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the
residents of the project?
Walton Homestead PUD Major Modification CUP/PUD, #Z-051 16 7
This PUD Modification does not include residential uses. Conditions related to
screening for the residential uses to the west are included with the site plan application.
6. Park Land.Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the
area of park land or open space been provided for each proposed dwelling as
required by Section 18.50.020 "Park Requirements?"
Not applicable;parkland dedications were handled with the PUD.
7. Performance. All PUDs shall earn at least twenty performance points.
Nonresidential developments within the North 19th Avenue/Oak Street corridor
shall earn thirty points. Points may be earned in any combination of the
following. The applicant shall select the combination of methods but the City
may require documentation of performance,modifications to the configuration
of open space, or other assurances that the options selected shall perform
adequately.
Not applicable; the master plan for the overall PUD has already been approved. The
proposed PUD modification does not significantly affect the PUD master plan.
8. Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not
become an isolated "pad" to adjoining development?
The proposed modification does not significantly change the PUD master plan.
b. Residential. Planned unit developments in residential areas (R-S,R-1,R-2,R-3,R-4,
RMH and R-O zoning districts)may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the
maximum extent possible, preserve and promote the unique character of
neighborhoods,with provisions for a mix of limited commercial development..
Residential PUD Criteria was evaluated as part of the original PUD.Although the subject
property falls within the R-O zoning district, it also falls within the 2020 designation of
"Business Park" and does not include any residential development.Administrative Policy
No. 2005-04 "Percentage Method for Mixed Land Uses" clarifies that property with a
zoning designation of R-O and a growth policy designation of"Business Park"must be at
least 51 percent non-residential based on floor area. In this case, all the floor area is
proposed to be non-residential.
CONCLUSION/RECOMMENDATION
The Bozeman Development Review Committee (DRC) and the Design Review Board (DRB) have
reviewed the proposed PUD modification and support the additional relaxation to allow a larger scale
carwash than was initially approved.Staff recommends the following condition of approval to clarify the
scope of the relaxation:
Walton'Homestead PUD Major Modification CUP/PUD, #Z-051 16 8
1. The approval for the expanded carwash facility is limited to five self-service bays and one
automatic bay and only applies to Lot 3,Block 3,Walton Homestead PUD.
The Planning Staff,DRC, and DRB have reviewed the proposed modification to the PUD. Planning
Staff has identified various code provisions which must be met by this application. Some or all of these
items are listed in the findings (see pages 4 and 5) of this staff report. The applicant must comply with
all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project
prior to receiving Final Site Plan approval. 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.
THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS
APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS
SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT
ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION.
Attachments: DRB Minutes 8.10.05 (consent item)
Applicant Submittal Materials
Report sent to: Oakway,LLC, 2066 Stadium Drive, Suite 2, Bozeman MT 59715
Steve Green, 1303 North 7th Avenue,Bozeman MT 59715
JDS Architects, 2413 West Main Street, Suite 2,Bozeman MT 59718
Walton Homestead PUD Major Modification CUP/PUD, #Z-05116 9
DESIGN REVIEW BOARD •
WEDNESDAY,AUGUST 10,2005
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Dawn Smith called the meeting to order at 3:38 p.m. and directed the secretary to
record the attendance.
Members Present Staff Present
Lee Hietala Jami Morris, Associate Planner(ADR Staff)
Dawn Smith Susan Kozub,Planner I (ADR Staff)
Scott Hedglin Ben Ehreth, Assistant Planner
Tara Hastie, Recording Secretary
Visitors Present
Lowell Springer
John Dunlap
Clint Litle
ITEM 2. MINUTES OF JULY 13, 2005
Continued to next meeting.
ITEM 3. DISCUSSION ITEM
A. * Planning Staff liaison to the DRB—Jami Morris.
Chairperson Dawn Smith inquired about the status of the Verizon Building in Hastings Shopping
Center. Mr. Springer responded that Verizon had not yet paid their lease, finished their
landscaping, or completed their signage. Chairperson Smith asked if the rear of the structure
would be outside storage. Mr. Springer responded the rear of the structure was for deliveries.
Chairperson Smith asked the status of the windows in Magic Diamond R. Mr. Springer
responded the glass was tinted green with the ladies restroom window being darker tinted glass.
Planner Morris responded the green glass looked fine,but the darker tinted glass did not. Mr.
Springer responded the darker tinted windows were in the ladies restroom and added that the
windows facing Main Street were fake windows. He stated the darker windows did not look
much different from the green tinted windows.
ITEM 4. CONSENT ITEM
A. Walton Homestead Mods to PUD #Z-05116 (Kozub)
1193 North 15ffi Avenue
* A request for Modification to a Planned Unit Development to allow an
expanded relaxation for a larger car wash than was previously approved
with the original PUD.
Chairperson Smith and Mr. Hedglin suggested forwarding a recommendation of approval to
the City Commission for Walton Homestead Mods to PUD #Z-05116.
City of Bozeman Design Review Board Minutes—August 10,2005 1
3ffidauit of rdli .- - -%onr � V EC
STATE OF MONTANA; 18 2005 �
County d Gallatin
I Gad: INT"F PLANNING
V,); :' Y DEVELOPMENT
being duly sworn, deposes and
says: That She is of the Bozeman Daily
Chronicle,-. a newspaper of general circulation, printed and published Bozeman,
Gallatin County, Montana; and that the notice here unto annexed
Z ' o S aQ1n
has been
correctly published in the regular and entire issue of every number of said paper for
oeasecu&6 , the first of which publication was made on
the `7 day of 20 off, and the last on
the ?doh day of 21,WI -0 0
scribed and efore e this
day o .20
1, = Notary Public for the State of Montana,
�._ residing at Bozeman, Montana.
�`
1
E4 BOZEMAN DAILY CHRONICLE, Sunday, August 7, 2005
R NNI T MANSO N � .
k
_Akk
)
Floaters
peer
skyward at
the
ominous
clouds
bearing
down on
them as
they pass
through '
Yankee Jim
Canyon
south of
Livingston.
he Park County stretch of the The water is clouding up a little,but King
river begins on the border of Whitefish is hitting nymphs and your friend,the
Yellowstone National Park,in ;-»` smarty pants1h rubber pants,notices that the
the middle of Gardiner,and it State of Monrana's official river map calls this
gets frisky fast. valley the"Yankee Stadium of Trout Fishing."
To launch a boat of any size "I think I got beaned by a pitch,"he says,
there,you need to bring•a crew., releasing anther whitey.
A switchback road leads to the ;t Thesriprap becomes more common and
river's edge,but vehicles are more dive :piles of debris dumped from a
banned,so you pack your truck, intricate masonry,even a few old
heavy raft and your incredible amount of gear cars that- ' sed the cleanup efforts 30 years ago.
down the steep bluff. But untouched stretches as well,places
When you la the first thing you do is where tAte eer blink a then return to their
i row hard to dod�ouple rocks.Then there's a browse.Eagles and theWpelicans•of the trip. '
wave train you want to hit and get,yourself wet. Ospreys are;everywhere and great blue herons
You pass under the.high,bridge and you see the A ,m *n
searchers in a shack on the deck,still hoping to Rid 'at d their preseiyce
spot the bodies of two people lost in the river. *�*^*° - F,,,•; JF ~~ is a,goo 'sign,-an Indic r'that the.river still�°Y`
The afternoon sun.finds"a break<in the+storm clouds as a rower maneuvers
The town stye Gardiner.offers more `_� does its work.
through t ardiner streteh��' ' s`, The rivOMnels,
s high enough to '
wave trams,.one ole and a rock a ,
s• a �,• 1
garden with:aslot'o water coming take the side where you find
through it:.;So yoti think about the beaver dams you've never seen before.
.grim task of those watchers on the 'You thought you knew this river.
bridge,'and yot remind yourself to At Pine Creek,you take the chan-
pay attention.You tell your.passen- :'s nel.where the river flows backwards,
gers to hang on. dodging a couple sweepers,and you
Past town,everything is easy for a # marvel at this:water flowing in oppo-
while.A conspiracy of ravens.wad-. site directions on either side of an is-
dles on both steep banks,croaking land.
plans of future mischief. At Livingston,you take the south
Irrigated fields pinch up along the channel,avoiding the Ninth Street
river,the flats leading to erose ridges, Bridge where you cracked a borrowed
then alpine country.The first trout of johnboat one time,and then you are
the day rises at the mouth of Reece in the Yellowstone's first urban reach.
Creek.Drift boats carry people from Dikes and riprap for a couple miles.
the launch below town,and they're The sounds of kids playing baseball.
hooking trout and whitefish on little - Lawn mowers.Golfers.Duck past two
wet flies,'flicked into the water seams. bridges and you find two riverbanks.
Fishing guides are.rowing hard,slow- Subdivisions to the left,old time agri-
ing their boats,stretching out the day. culture to the right.The islands in the
Toward Corwin Springs you pass middle are pristine.They divide these
the place where someone,feared of two worlds.
the apocalypse,once built an ar- The river braids here,and island
mored bunker'on the riverbank,un- campsites are easy to find.The river is
til a judge made him tear it down be big and blue and strong.To the east,
cause he didn'thave',a permit. Sheep Mountain goes indigo while
You pass the hve`r's'first`riprap, dinner cooks:Overhead,the
you pass a bathtub somebody Absarokas reign in gold.Across the
dumped on the riverbank,and you channel,riprap boulders armor the
see the first ospreys and eagles:Man bank.
is everywhere,but the river•holds its It's all the Yellowstone.Mountain.
nature. Jim Dungan,of Bozeman,fishes.the Yellowstone River below EmigranPeak. Prairie buttes.Islands.Riprap.Pick a
At Yankee Jim Canyon,the roar of approach- Cutthroat; rainbow and brown trout;as well as an abundance of wi'ltefish, view to match your attitude.
ing rapidsblends with.the hum of tires on nearby make_the'P.aradise Valley stretch a popular,one for anglers: i i•JS '
asphalt and then you are in the first rapid,where ay three and you awake soaked in dew,
you dori t think about the road just off your right the brilliance of last night's Milky Way
oar.You think about doing this right. Dyour first memory.The rains have
The next two rapids are no problem and you caught up to the river,turning it chalky.
can relax.A kid dunking worms at the,mouth of "Yankee Stadium has been rained out,"
the canyon;shows you the biggest trout you've quips Rubber Pants.
seen all day,about the time the rain starts,mak- There isn't a wisp,a trace,a whisker of a
ing you pay,and then paying you back. cloud and you sweat hard,just loading the boat.
At the Highway 89 Bridge you pick up
The second.day begins at dawn,with some- two more,friends,'refugees from Boston.(What
body's loud truck blasting over the better use for a'cell phone,than to arrange a riv-
Emigrant bridge a few hundred yards er day with old friends?)'
downstream.Paradise Valley is still a The river keeps on braiding its waters,
working landscape,and the.day starts"early for twisting them together and pulling them apart,
lots.of people.But soon there's coffee,breakfast like a teenager playing with her hair.As always,
on the sandbar,and a boat to load.The willow you want to pay attention,but it's a day for
banks cast a sweet and bitter smell when the sun, beer and laughter.Rubber Pants has stashed
hits them.Wild roses open to the morning,offer- the fly rod.Cormorants gather in cottonwood
ing perfume. snags,and rafts of pelicans work the backwa-
Not that everything is perfect."For Sale"signs ters.The country changes fast,flattening out
sprout like kriapweed along the bank.Other signs f and going brown,and you can't see the moun-
tell you to keep out:Trophy homes,places that tains most of the time.It's good river,some
somehow look empty even when somebody's wave trains for laughs,sweepers along the
home,overlook the banks and pose like prom banks for reminders.
queens. �. A mural painted on'an•abutment of the Nintft.,Street Island bridge in 2001 Too soon,the Springdale Bridge appears.
X You're done.
"Look at me,"they say."Don't come close:' depicts a fantasy scene'dreamed up;•by therrPark High School sophomore
The smell of newly cut g rass,the smell of m �'`�' +f For now.
Y Y g Sarah Horvath: The 9/11 stlu was going,on then so l incorporated that In-
They leaching into the river. ScottMcMillionis atscottm@dail chronicle.com
to.the scene, Horvath;who is.no ii an&a liberal studies major at the Y
} University of Montana said."It's,about destruction,love,hate and iur
v moll.
just sort of let it fill itself in
BOZEMAN DAILY CHRONICLE, Sunday, August 7, 2005 E3
UNIFORM on
Jeremiah D.Sipes graduated from the the caarse is to develop and evaluate ria
Army ROTC Leader Development and each cadet's officer potential as a leader , w
0 , t 0 1
Assessment Course,also known as by ekereising the cadet's intelligence,
"Operation Warrior Forge,"at Fort common sense,ingenuity and stamina.Lewis,Tacoma,Wash. The cadet command assesses each Hong g g Kcn murder trial a tale of milkshakes, drugs, sex and Wealth
The 33 days of training provides pro- cadet's performance and progress in of- HONG KONi(AP)—He was a .,'.,,,,_: filed for divorce the day she killed him
fessional training and evaluation for all ficer traits,qualities and professionalism trim,athletic-lodcin investment in the bedroom of their exclusive
cadets in the aspects of military life,ad- while attending the course. g
ministration and logistical support. Sipes is the son of Dan B.Sipes,and banker for Merril Lynch.She was a apartment complex on a mountain
Although continued military training Dena J.Sipes,both of Belgrade. The housewife raisiix three children in a that looks out over the city,the prose-
and leadership development is inclu d cadet is a 1996 graduate of Belgrade 'luxury apartmeit with two maids. cution said.
in the curriculum,th rimer"focus High School. He's now dead,aid she's accused of The next day,Nancy Kissel went
beating him-to Bath in what's been on a shopping spree,buying sheets,
C L S A ROAN RATIONS I r dubbed the"mikshake murder." cushions and a carpet,and she told
' The ongoingrial has riveted Hong her Filipino maids not to clean the
BOZEMAN BUS S pointmer►t.Tuesday,creative writing,10 Kong with a street of sensational— master bedroom,the prosecution
FESSIONAL WOMEN BP anti.Wednesday,Nia exercise,9-10 am. sometimes bizafe--testimony said.
about the sex,dos and money that Three days after the killing,
meet Wednesday,Aug.1 ) noo 0 m. and 10,30-11:30 a.m.;sign language class, g Y y�,v Y g Nancy
at the Bozeman Comfo ,1 0 N. 2 p.m.Thursday,Association for the plagued the deelly troubled marriage F asked maintenance workers to haul
Seventh Ave.District Jud Holly Brown Blind meeting,2 p.m.Sunday,dinner at 1 in the wealthy wirld of Hong Kongti, ' away a bulky roll of carpet to a stor-
will discuss her career an rofessional m.;"Old-Fashioned Sunda in the Pafk expats. , t; �� age locker in the apartment complex,
experiences as well as cur t issues af- and Great Celebrity Auction"2 p.m. Two months nto the trial,Nancy t f g the prosecution said.A maid noted
fecting Gallatin County r dents.Cost Meals are served at noon Monday Ann Kissel admited on Thursday she 4 the roll seemed unusually thick,but
for lunch is$8 for BPW m bers,$9 for through Friday at the center;call for killed her husbaid,Robert,but she's ' Nancy said it contained pillows and
guests;$2 for those brin ' their own reservations.Meals on Wheels are deliv- still challengingthe murder charge. blankets,the prosecutor said.The
lunch.Members and gues ust make ered to homebound individuals of any Testimony continues Monday. workers complained of a strong fishy
reservations by Monday,A 8;a-mail, age;call for arrangements.(586-2421) NancyKissel,41,is accused of smell.
bozemanbpw@yahoo.com indicate if BRYDGER MOUNTAIN HARMONY drugging Robert with a milkshake AP Nancy would have been a wealthy
you will be eating. CHORUS OF SWEET ADELINES will mixed with a cocktail of sedatives,in- American Nancy Ann Kissel, 40, widow.Robert's younger sister,Jane
BOZEMAN GOLD TOA MAS- rehearse on Monday,Aug.8,7-10 p.m.,at cluding the date-rape drug Rohypnol. walks 'out of Hong Kong's High Clayton,testified her brother's.estate
TERS meet at noon Tuesday First Christ the King Lutheran Church.All After giving him the drink,she al- Court on Aug. 2. —including life insurance,stocks and
Security Bank's community r ,208 E. ladies art invited to attend and sing bar- legedly bashed hm on the head five properties—was worth about$18
Main St.On July 29,Dave Ska bershop music.(388-1173) times with a heavy metal ornament stalled spyware on Nancy's computer million and that his wife was the pri-
served as toastmaster.Kathy a was GALI.ATIN VALLEY TOASTMAS- on Nov.2,2003. and hired a private detective to check mary beneficiary of his will.
the club speaker,and Dr.Tom t sich, TERS meets at noon Thursday at First. The prosecution has described her whether she was having an affair.She The defense has painted 3 different
Toastmasters area governor,gav speech Security Bank West,670 S.19th Ave.On as a cold,scheming woman from later admitted to having a blue-collar picture of Robert.Nancy's lawyer has
titled"The Power of Purpose."C ryl July 28,Karen Black served as toastmas- Minnesota who surfed the Internet boyfriend in America—an.electri- argued he was a workaholic who beat
Roller and Deanne Martel were a ua- ter;Jonathan Hopkins,general evaluator; for information about sleeping pills cian who worked on the couple's his wife up and frequently t=ied to
tors.Dave Skattum recently attain the DaA Hopper,grammarian;Lubi and sedatives inflnths before the al- Vermont vacation home in 2003. ease his job stress with alcohol and
certified toastmaster status by co eting Georgieva-Rizov,timer.Jane Shaw pre- leged murder.The prosecutor said The prosecutor said Robert was in- cocaine.Nancy said he was--rot-tem-
10 speeches from the basic manual sented table topics.Evette Allison was Robert,40,had told friends he sus- furiated about the affair and had giv- peed with the kids,and that she once
Guests are welcome.(587-6968) voted best speaker,and Sharon Dunn was petted his wife had tried to drug him. en up on the deteriorating marriage. spiked his whisky with sedatives to
BOZEMAN KIWANIS will mee t voted best evaluator.(522-9700) Robert,a New York native,in- He had decided to tell Nancy he'd calm him down.
noon Monday,Aug.8,at the Holida nn LADIES AUXILIARY TO THE VET
in Bozeman.Gallatin County comm ERANS OF FOREIGN WARS,MAJOR
sioners will discuss the mill levy vote r DRPNNAN POST 903 met July 7 at the
the new detention center.Guests are - Bozeman Senior Center.The August Emergency 'doors failed in Air France crash
come.(587-3530) meeting will be Wednesday,Aug.10,at
BOZEMAN NOON ROTARY mee the center;note the date change.Lunch
at noon Tuesday,Aug.9,at the Holida will be at 11:45 a.m.,followed by the TORONTO(AP)—Investigators The discovery confirms comments off the east-west runway some 218
Inn on North Seventh Avenue.The pro meeting at 1 p.m.For information about trying to-determine why an Air France by many passengers and witnesses yards and then slamming into a ravine.
gram will be presented by Col.Brad eligibility to join the Auxiliary,contact jet skidded off a runway said Saturday who said some of the slides and emer- Remarkably,none of the 309 passen-
Livingston,deputy adjutant general for Donna Daems at 587-7716. that only four of the aircraft's eight gency exists were not functioning, gers and crew members died,though at
the state of Montana.(994-2811) NEW HORIZONS SINGLES GROUP doors and emergency exits were used forcing people to jump from as high least 43 people were injured and several
BOZEMAN SENIOR CENTER activ activities this week`Tuesday,band concert to escape the burning jetliner,and that as 4 or 5 yards.Some aviation experts remained hospitalized Saturday.
ities this week:Secondhand store open at Bogert Park,8 p.m.Wednesday,taco two emergency slides malfunctioned. have surmised that the impact of the Veronique Brachet,an Air France
daily,10 a.m.-2 p.m.Forever Fit night,5 p.m.,Holiday Inn.Thursday,* Real Levasseur of Canada's Airbus A340,which slammed into a- spokeswoman,said the pilot was still
exercises:Sit and Strengthen,Monday lunch at the Senior Center,11:45 a.m.; Transportation Safety Board said one ravine,might have damaged the exit hospitalized with compressed verte-
and Friday,9-10 a.m.,Wednesday 1:15 dinner at Deer Park Chalet at Bridger of the four exit doors used by the 309 doors and chutes. brae.
p.m.;Aerobics Plus,Monday,Wednesday owl,5:30 p.m.Saturday,breakfast at passengers and crew in their rush to Levasseur said two experts from Meanwhile,a passenger has filed a
and Friday,10:30-11:30 a.m.;Tuesday,9- ] erldlis,9 a.m.(587-8405) disembark was difficult to open,and the U.S.manufacturer of the chutes, class-action lawsuit against Air France,
10 a.m.Woodworkers'shop is open to ! POETRY READING GROUP will that the fire after the crash last Goodrich Corp.,and one from the Toronto airport authorities and a
members Monday through Friday,8:30 eetat noon Tuesday,Aug.9,in the con- Tuesday may have prevented access to U.S.National Transportation Safety Canadian private air navigation serv-
am.-4 p.m.Bingo is Tuesday and e ce room of the downtown Security the other doors. Board were on site looking at why the ice,accusing them of negligence,the
Thursday at 1 p.m.Bridge,12:45 p.m. The group will discuss the ten Levasseur also said two of the slides slides and doors failed to work. Toronto Star reported.The suit,filed
Wednesday and Friday;duplicate bridge, o ated poets for poet laureate and used failed to work,even though they Air France Flight 358 landed at Friday,asks for$62 million.An Air
12:45 p.m.Monday;canasta, some of their poems.This gro are supposed to automatically unfold I r B.Pearson International Airport France spo esman declined comment
Thursday.Computer instrucy ap- open to the public.(587-3657) when the emergency doors are opened. heavy thunderstorms,skidding on the la .
NOTICE OFA PUBLIC HEARING
FORA CONDITIONAL USE PERMIT ocu ENT- HREDDINDNG A ECYCL 06TG
TO MODII+�'A PLA�iN�D UNIT DEV VVELOPMENT
A Conditional Use Permit(C plication has been submitted that would allow a modifica• n to an existing
Planned Unit Development(P h an expanded rdexation.The original Walton HomedliffrLD was approved with t
the use of a small-scale carwash'kVWse not normally permitted in the Residential Office DistricWhe building on Lot 3,
Block 3,Walton Homestead Subdivision PUD,Phase II,City of Bozeman,Gallatin County,Mobtana.The proposed •
OTear it
PUD modification seeks to allow a larger carwash facility consisting of a five-bay self-service carwash and one-bay
automatic carwash in two different buildings on the same lot.
The purpose of the public hearing is to consider the CUP/PUD Modification Application as submitted by the property
owner,Oakway,LLC,2066 Stadium Drive,Suite 2,Bozeman MT 59715,and the applicant,Steve Green,1303 North 7th V
Avenue,Bozeman MT 59715,represented by JDS Architects,2413 West Main Street,Suite 2,Bozeman MT 59718,pursuant
to the Bozeman Unified Development Ordinance. .L
The property is legally described as Lot 3,Block 3,Waltdn Homestead Subdivision PUD,PhAA II,City of Bozeman,
Gallatin County,Montana.The zoning designation for said property is R-O(Residential Office DisttiM).
erban ity CommNG ���TV �,o�flQYlJa U 4 R �aCJ���aU �400 ��(/U���Bozedtan City Commission
Zgg7 phi
U,9/6/05 IV�,q 0 U DOWN}��i
Community Meeting Room �NM`—(MON RVWN VNER,
Third Floor
Gallatin Cottnty Courthouse IF
311 West Main Street MISSOULA 406-240-7043 BOZEMAN 406-581-9612
Bozeman Montana
- WWW.TEARITUP.BIZ
The City invites the public to comment in writing and attend public hearings.Written comments
may be directed to the City of Bozeman Department of Planning and Community Development,P. ,
aq,tl O.Box 1230,Bozethan,MT 59771-1230.Maps and rolated data regarding thtsapplication may be
reviewed in the City of Bozeman bepartment of Planning and Community Developthent,Alfred M. •,i -
Stiff Professional Building,20 East Olive Street,582-2260.For those who regdire accommodations for The Bozeman Daily Chronicle i
disabilities,please contact Rod Brey,City of Bozeman ADA Coordinator,592-M6(voice),582-2301 presents
(TDD).
Walton Homestead Modification to PUD,#Z-05116
Servic►n h relocation
g the needs of
Montanans for, over So years. __- _ oos-- ,, ,: },
Saturday October 15th
MSU's Brick Breeden � �
Our beginning at`the FIeldhOUSe 1
Nash-Finch Building
Fashion, Fitness, �}
Downtown Bozeman.
• - q Interior Design, Wine Tasting,
Cooking Demonstrations,
Crcjat Prizes, Spa Treatments
and Much More!
Nill
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Our NEW facilities, ,t
95 E. Griffin
v AMSA CALL 522-0074 oR 582-2641 Bozeman
Montana Owned and Operated �� § �h ti��� rl�OnlC�e
i 95 E.Griffin LIMITED SPACE AVAILABLE Daily
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DEVELOPMENT REVIEW COM'NIITTEE
MEETING REVIEW SHEET
DATE: -) PROJECT NAN E: W ta(17lyiln
PREPARED BY: SK K FILE#: Z— 05116
APPLICAI\ITS/R.EPRESENTATIVES PRESENT:
DRC IVIENIBERS PRESENT:
&O9 M�A� , Project Engineer .
John Alston, Wat r Superintendent
Neil Poulsen, Chief Building Official
Dave Skelton, Senior Planner
❑ Rick Hixson, City Engineer
John VanDeLinder, Streets Superintendent
Greg Megaard, Fire Marshall
Others/Alternates:
SUMMARY: SK, �-U AAA CCU A Ct,Vl dA'4 90,A.
sS
V
DEVELOPMENT REVIEW COMMITTEE
MEETING REVIEW SHEET
DATE: q 10 • 05 PROJECT NAME: v-VS*AA- )D MAA.a
PREPARED BY: � =7j@ FILE#: - 5l
APP�LICA1 S PRESENTATIVES PRESENT: f
DRC IV1ENIBERS PRESENT:
1. Project Engineer
KJohn Alston, Water Superintendent
DE, Neil Poulsen, Chief Building Official
Dave Skelton, Senior Planner
Rick Hixson, City Engineer
John VanDeLinder, Streets Superintendent
o Greg Megaard, Fire Marshall n _ _
Others/Alternates; i�ol �'I -�'
SUMtiLA,.xY: �Pl wi ( ( CAAadi`�?` in 0-.,k- - upe�
• w0 C�YIMNVt flitilil-S
r
i
C*OF BOZEMAN •
' DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
' " P.O. Box 1230 planning@bozeman.net
Bozeman, Montana 59771-1230 www.bozemon.net
NOTICE OF A PUBLIC HEARING
FOR A CONDITIONAL USE PERMIT
r
TO MODIFY A PLANNED UNIT DEVELOPMENT
A Conditional Use Permit (CUP) application has been submitted that would allow a modification
to an existing Planned Unit Development (PUD) with an expanded relaxation. The original Walton
Homestead PUD was approved with the use of a small-scale carwash (a use not normally permitted in the
Residential Office District) in one building on Lot 3, Block 3, Walton Homestead Subdivision PUD,
Phase II, City of Bozeman, Gallatin County, Montana. The proposed PUD modification seeks to allow
a larger carwash facility consisting of a five-bay self-service carwash and one-bay automatic
carwash in two different buildings on the same lot.
The purpose of the public hearing is to consider the CUP/PUD Modification Application as
submitted by the property owner, Oakway, LLC, 2066 Stadium Drive, Suite 2, Bozeman MT 59715, and the
applicant, Steve Green, 1303 North 7th Avenue, Bozeman MT 59715, represented by JDS Architects, 2413
West Maui Street, Suite 2,Bozeman MT 59718, pursuant to tll e Bozeman Unified Development Ordinance.
The property is, legally described as Lot 3, Block 13, Walton Homestead Subdivision PUD,
Phase II, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-O
(Residential Office District).
I .
PUBLIC MEETING
Bozeman City Commission
Tuesday, 9/6/05
7 pm
Community Meeting Roo
Third Floor
Gallatin County Courthouse
311 West Main Street
Bozeman,Montana
The City invites the public to comment in writing and attend public hearings. Written
comments may be directed to the City of Bozeman Departm nt of Planning and Community Development,
P. O. Boy: 1230, Bozeman, MT 59771-1230. Maps and related data regarding this application may be
reviewed in the City of Bozeman Department of Planning aid Community Development, Alfred M. Stiff
Professional Building, 20 East Olive Street, 582-2260. Fior those who require accommodations for.
disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301
(TDD). Walton Homestead Modification to PUD, #Z-05116
SUBMITTED 08/04/05 FOR SUNDAY, 08/07/05 DISPLAY AD PUBLICATION. PLEASE
PRINT WITH NORTH ARROW UP, BOLD WHERE) INDICATED, AND SEND AFFIDAVIT
TO CITY PLANNING OFFICE.
planning • zoning • subdivision review • annexation • historic preservation housing . grant administration . neighborhood coordination
I
B-
'�AK
s -
P �1
r .
Subject
Property .
JUI11PER
R-
Page 2
CISDF BOZEMAN •
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
u
1
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozeman.net
Bozeman, Montana 59771-1230 www.bozeman.net
MEMORANDUM
TO: Design Review Board (DRB)
FROM: Susan Kozub, Planner I
DATE: For August 10"DRB Meeting
RE: Walton Homestead CUP to Modify PUD, #Z-05116 CONSENT ITEM
Introduction•
The property owner and applicant, Oakway, LLC, represented by JDS Architects, has applied for a
Conditional Use Permit (CUP) to modify a Planned Unit Development (PUD) with an expanded relaxation.
The Walton Homestead Preliminary PUD was conditionally approved by the City Commission in January of
2003. One of the conditions of approval was that the Final PUD had to include a more detailed and specific
list of permissible uses. In April of 2004, the Final PUD Plan was approved with the following language
under Section 2.01 "Allowed Commercial Uses," "A Laundry Mat is a principal use for Building 6A only (as
indicated on the final plan)" and "A Car Wash is a principal use for Building 6B only (as indicated on the
final plan)." This PUD Modification application proposes that both buildings be used as an expanded
carwash facility specifically with Building 6A as a one-bay automatic carwash and 6B as a five-stall self-
service carwash. Please note that a carwash, classified in the Unified Development Ordinance (UDO) as.an
"Automobile Washing Establishment,"is not a permitted use in the R-O (Residential Office District); hence
the need for the expanded relaxation. The proposal also includes the request of a potential coffee shop
component; however, this is already listed as a principal use in the Final PUD as "Limited Restaurant
facilities serving breakfast and lunch, including coffee shops no larger than 20 percent of the building gross
floor area."
Minor changes to PUDs can be approved administratively; however, because these changes to the covenants
include an expanded zoning relaxation, the application must follow the same Planned Unit Development
review and public hearing process required for approval of preliminary plans,which includes DRB review.
This item has been scheduled as a consent item before the Design Review Board. If the Board wishes to
discuss this item, then a motion must be made to remove the item from consent for further discussion.
Otherwise the Board must make a motion to approve or deny the proposal. The recommendations of both
the DRB and the Development Review Committee will be forwarded to the City Commission for the
Tuesday, September 6, 2005 public hearing.
Please note that this project is also undergoing concurrent Site Plan and Certificate of Appropriateness
(COA) review for the actual development of the site. Items related to materials, building design, pedestrian
circulation, etc. will be covered by Administrative Design Review Staff because the Site Plan/COA
application does not meet the thresholds in Section 18.62.010.A.2.e to warrant review by the Design Review
Board. The plans are included in the PUD Modification application for your reference only.
planning - zoning - subdivision review . annexation - historic preservation - housing - grant administration - neighborhood coordination
Property Location:The proposed PUD Modification would only apply to property located at 1193 North 15`h Avenue and
legally described as Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II, City of Bozeman,
Gallatin County, Montana. This property is zoned R-O (Residential Office District) and is designated as
"Business Park" on the Future Land Use Map of the Bozeman 2020 Community Plan. Please refer to the
following map:
B.'
.40D
a,
Subject
Property
JUIIIPER
Staff Recommendation:
Staff supports the expanded relaxation to allow a five-bay self-service and one-bay automatic carwash
facility on Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II, City of Bozeman, Gallatin
County, Montana. Staff's recommendation is based on the idea that the proposed carwash facility (limited to
six bays total) is still within an appropriate scale for the overall development. Staff also feels that the strict
architectural PUD guidelines and site plan review will ensure compatibility with this growing neighborhood.
Memo Mailed To: Oakway,LLC,2066 Stadium Drive, Suite 202,Bozeman MT 59715
JDS Architects, 2413 West Main Street, Suite 2,Bozeman MT59713
Steve Green, 1303 North 7`h Avenue, Bozeman MT 59715
Page 2
1
COOF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fox 406-582-2263
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozeman.net
MEMORANDUM
TO: Design Review Board (DRB)
FROM: Susan Kozub, Planner I i
DATE: For August 10`''DRB Meeting If
RE: Walton Homestead CUP to Modify PUD, i Z-05116 CONSENT ITEM
I
Introduction•
The property owner and applicant, Oakway, LLC, represented by JDS Architects, has applied for a
Conditional Use Permit (CUP) to modify a Planned Unit Development (PUD) with an expanded relaxation.
The Walton Homestead Preliminary PUD was conditionally approved by the City Commission in January of
2003. One of the conditions of approval was that the Final PUD had to include a more detailed and specific
list of permissible uses. In April of 2004, the Final PUD Plan was approved with the following language
under Section 2.01 "Allowed Commercial Uses," "A Laundry!Mat is a principal use for Building 6A only (as
indicated on the final plan)" and "A Car Wash is a principal;use for Building 6B only (as indicated on the
final plan)." This PUD Modification application proposes that both buildings be used as an expanded
carwash facility specifically with Building 6A as a one-bay automatic carwash and 6B as a five-stall self-
service carwash. Please note that a carwash, classified in the l nified Development Ordinance (UDO) as an
"Automobile Washing Establishment,"is not a permitted use in the R-O (Residential Office District); hence
the need for the expanded relaxation. The proposal also includes the request of a potential coffee shop
component; however, this is already listed as a principal use.in the Final PUD as "Limited Restaurant
facilities serving breakfast and lunch, including coffee shops no larger than 20 percent of the building gross
floor area."
i
Minor changes to PUDs can be approved administratively;howwever,because these changes to the covenants
include an expanded zoning relaxation, the application must) follow the same Planned Unit Development
review and public hearing process required for approval of preliminary plans,which includes DRB review.
This item has been scheduled as a consent item before the Design Review Board. If the Board wishes to
discuss this item, then a motion must be made to remove the item from consent for further discussion.
Otherwise the Board must make a motion to approve or deny the proposal. The recommendations of both
the DRB and the Development Review Committee will beI forwarded to the City Commission for the
Tuesday, September 6, 2005 public hearing.
Please note that this project is also undergoing concurrent ISIte Plan and Certificate of Appropriateness
(COA) review for the actual development of the site. Items related to materials, building design, pedestrian
circulation, etc. will be covered by Administrative Design Review Staff because the Site Plan/COA
application does not meet the thresholds in Section 18.62.010,A.2.e to warrant review by the Design Review
Board. The plans are included in the PUD Modification application for your reference only.
planning - zoning - subdivision review - annexation - historic preservation - housing - grant administration - neighborhood coordination
PropeM Location:
The proposed PUD Modification would only apply to property located at 1193 North 15`h Avenue and
legally described as Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II, City of Bozeman,
Gallatin County, Montana. This property is zoned R-O (Residential Office District) and is designated as
"Business Park" on the Future Land Use Map of the Bozeman 2020 Community Plan. Please refer to the
following map:
Bi-
OAK
s
x ~ Cb
C
r
Subject
Property
t IPEoil
s
Staff Recommendation:
Staff supports the expanded relaxation to allow a five-bay self-service and one-bay automatic carwash
facility on Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II, City of Bozeman, Gallatin
County,•Montana.-Staff's recommendation is based on the idea that the proposed carwash facility (limited to
six bays total) is still within an appropriate scale for the overall development. Staff also feels that the strict
architectural PUD guidelines and site plan review will ensure compatibility with this growing neighborhood.
Memo Mailed To: Oakway,LLC,2066 Stadium Drive, Suite 202,Bozeman MT 59715
JDS Architects, 2413 West Main Street, Suite 2,Bozeman MT59718
Steve Green, 1303 North Th Avenue,Bozeman MT 59715
Page 2
CIT�OF BOZEMAN
D TMENT OF PLANNING AND C&MUNITY DEVELOPMENT
c`D
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
" P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozeman.net
NOTICE OF A PUBLIC MEETING FOR A SITE PLAN/COA APPLICATION &
NOTICE OF A PUBLIC HEARING
FOR A MODIFICATION TO A PLANNED UNIT DEVELOPMENT
Two applications have been submitted for property located at 1193 North 15th Avenue. The first
application (#Z-05116) would allow a modification to an existing Planned Unit Development (PUD)
with an expanded relaxation. The original Walton Homestead PUD was approved with the use of a
small-scale carwash (a use not normally permitted in the Residential Office District) in one ,building on
Lot 3, Block 3, Walton Homestead PUD. The proposed PUD modification seeks to allow a larger carwash
facility consisting of a five-bay self-service carwash and one-bay automatic carwash in two different
buildings on the same lot. The second application is contingent upon approval of the first and would allow
the site to be developed as a five-bay manual carwash and an automatic carwash facility with related site
improvements including parking, landscaping, etc.
The purpose of the public meeting before the Development Review Committee (DRC) is to
consider the Site Plan and Certificate of Appropriateness and the purpose of the public hearing before
the Bozeman City Commission is to consider the PUD Modification Application. Both applications
have been submitted by the property owner, Oakway, LLC, 2066 Stadium Drive, Suite 2, Bozeman MT
59715, and the applicant, Steve Green, 1303 North 7th Avenue, Bozeman MT 59715, represented by JDS
Architects, 2413 West Main Street, Suite 2, Bozeman MT 59718. Both applications are pursuant to relevant
portions of the Bozeman Unified Development Ordinance.
The property is legally described as Lot 3, Block 3, Walton Homestead Subdivision PUD,
Phase II, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-O
(Residential Office District).
PUBLIC MEETING PUBLIC HEARING
Bozeman Development Bozeman City Commission
Review Committee (DRC) Tuesday, 9/6/05
Wednesday 8/17/05 7 pm
10 am Community Meeting Room
Alfred M. Stiff Professional Third Floor of the Gallatin
Building—Conference Room County Courthouse
20 East Olive 311 West Main Street
Bozeman,Montana Bozeman,Montana
The City invites the public to comment in writing and attend public meetings and hearings.
Interested parties may submit written comments regarding the Site Plan/COA Application (#Z-05117) up
to the close of the public comment period on August 22, 2005. The Planning Director shall take final
action on the Site Plan/COA application no more than ten (10) working days after the close of the public
comment period. Decisions of the Planning Director are subject to appeal as set forth in Chapter 18.66 of
the Unified Development Ordinance. Interested parties may also submit written comments regarding the
PUD Modification Application (#Z-05116) up to the time of the public hearing on September 6, 2005.
The City Commission makes the final decision on the PUD Modification Application. .
All written comments may be directed to the City of Bozeman Department of Planning and
Community Development, P. O. Box 1230, Bozeman, MT 59771-1230. Maps and related data regarding this
Application may be reviewed in the City of Bozeman Department of Planning and Community
Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require
accommodations for disabilities, please contact Ron Brey, City.of Bozeman ADA Coordinator, 582-2306
(voice), 582-2301 (TDD). Walton Homestead Modification to PUD, #Z-05116 & Scrubby's Car Wash
Site Plan/.COA, #Z-05117
-h 6-
OAK
Subject
Property
RIIIIPER
planning zoning subdivision review . ninistration neighborhood coordination
R-1
U �
i
CI*OF BOZEMAN •
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozeman.net
Bozeman, Montana 59771-1230 I www.bozeman.net
NOTICE OF A PUBLIC MEETING FOR A SITE PLAN/
CERTIFICATE OF APPROPRIATENESS APPLICATION
ac
NOTICE OF A PUBLICIHEARING
FOR A MODIFICATION TO A PLANNED UNIT DEVELOPMENT
Two applications have been submitted for property 'located at 1193 North 15th Avenue. The first
application (#Z-05116) would allow a modification to an existing Planned Unit Development (PUD)
with an expanded relaxation. The original Walton Homestead PUD was approved with the use of a
small-scale carwash (a use not normally permitted in the Residential Office District) in one building on
Lot 3, Block 3,Walton Homestead PUD. The proposed PUD modification seeks to allow a larger carwash
facility consisting of a five-bay self-service carwash and ione-bay automatic carwash in two different
buildings on the same lot. The second application is contingent upon approval of the first and would allow
the site to be developed as a five-bay manual carwash and Ian automatic carwash facility with related site
improvements including parking, landscaping, etc. You arel receiving this notice because you are the
current owner of record for a property within 200 feet 64 the affected site, or have otherwise been
identified as an interested or affected party.
The purpose of the public meeting before the Del elopment Review Committee (DRC) is to
consider the Site Plan and Certificate of Appropriatenessl and the purpose of the public hearing before
the Bozeman City Commission is to consider the PUD Modification Application. Both applications
have been submitted by the property owner, Oakway, LLC, 2066 Stadium Drive, Suite 2, Bozeman MT
59715, and the applicant, Steve Green, 1303 North 7th Avenue, Bozeman MT 59715, represented by JDS
Architects, 2413 West Main Street, Suite 2, Bozeman MT 591718. Both applications are pursuant to relevant
portions of the Bozeman Unified Development Ordinance. l
The property is legally described as Lot 3, Bloc 3, Walton Homestead Subdivision PUD,
Phase II, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-O
(Residential Office District).
PUBLIC MEETING I PUBLIC HEARING
Bozeman Development Bozeman City Commission
Review Committee (DRC) Tuesday,9/6/05
Wednesday 8/17/05 1 7 pm
10 am Community Meeting Room
Alfred M. Stiff Professional Third Floor of the Gallatin
Building—Conference Room i County Courthouse
20 East Olive I 311 West Main Street
Bozeman,Montana l Bozeman,Montana
I
Notice may be continued on the back of this sheet
planning zoning subdivision review . annexation . historic preservation •� housing . grant administration • neighborhood coordination
The City invites the^-c to comment in writing and atten*blic meetings and hearings.
Interested parties may submit written comments regarding the Site Plan/COA Application (#Z-05117) up
to the close of the public comment period on August 22, 2005. The Planning Director shall take final
action on the Site Plan/COA application no more than ten (10) working days after the close of the public
comment period. Decisions of the Planning Director are subject to appeal as set forth in Chapter 18.66 of
the Unified Development Ordinance. Interested parties may also submit written comments regarding the
PUD Modification Application (#Z-05116) up to the time of the public hearing on September 6, 2005.
The City Commission makes the final decision on the PUD Modification Application.
All written comments may be directed to the Ci ty I .of Bozeman Department of Planning and
Community Development,P. O. Box 1230,Bozeman,MT 59771-1230. Maps and related data regarding this
application may be reviewed in the City of Bozeman I Department of Planning and Community
Development, Alfred M. Stiff Professional Building, 20 EastOlive Street, 582-2260. For those who require
accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306
(voice), 582-2301 (TDD). Walton Homestead Modification to PUD, #Z-05116 & Scrubby's Car Wash
Site Plan/COA, #Z-05117
g-
oatt
Subject -
Property
JUIIIPER
v
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Page 2
DEVELOPMENT REVIEW COMMITTEE
MEETING REVIEW SHEET
DATE: 8 3 .0 5 PROJECT NAYS: Wal-h v-) M od d
PREPARED BY: FILE : Z'05< <
APPLICANTS/REPR.ESENTATIVES PRESENT: O e ss i e, Sop. 1-2vi n
DRC IvIEYIBERS PRESENT:
�o6MLAryam Project Engineer
John Alston, Water Superintendent
D� Neil Poulsen, Chief Building Official
Dave Skelton, Senior Planner
❑ Rick Mxson, City Engineer
John VanDeLinder, Streets Superintendent
Greg Megaard, Fire Marshall
Others/Alternates:
=k•k•-Kk=k=k=KX�kK:k=k:k�k=k�k=K�ky=k:kkk:K�k=k=k��k=kK=k-k=k=kk=k=k=k�F:k:k=k=k=k=k=k:k���k:k�k=k:k=k:k=K=k�K=k�kk=k=k�k=k�k=Y-�k�=1-
SUMtvIARY: S C om4haA Pub cA 1 toL
e v►.. s Lk i
)cn Aj b &D r 0 a
d kkM i - D htVI
lakokgd
- 01 DF BOZEMAN..,..:. -..DEPARTMENT OF PLANNING AND CGT�MLINITY DEVELOPMENT
1 c-
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
" P.O. Box 1230 planning@bozeman.net
Bozeman, Montana 59771-1230 www.bozeman.net
May 13, 2005
Oakway, LLC
2066 Stadium Dr, Ste. 202
Bozeman, MT 59715
Re: Walton Homestead Mods to PUD (#Z-05116)
Dear Sirs:
Your application for Walton Homestead Modifications to a Planned Unit Development on
property located at 1193 North 151h Avenue has been received and assigned to Planner I Susan Kozub.
The application has been reviewed in accordance with the submittal checklist and appears to meet the
submittal requirements. However, please understand that during the course of review there may be
items identified or issues which need to be addressed. Should that occur, Planner Kozub will contact
you.
The Development Review Committee (DRC) will be reviewing your application on three
consecutive Wednesdays and the Design Review Board (DRB) will review the application once. Staff
recommends that you and/or your representative attend the DRC meetings to be held on Wednesdays,
August 3, 10, and 17, 2005, at 10:00 a.m. and the DRB meeting Wednesday, August 10, 2005, at 3:30
p.m. to answer any questions that may arise. All DRC and DRB meetings are held in the City
Commission Meeting Room at City Hall, 411 East Main Street. Agendas will be sent to you and your
representative(s)to remind you of the dates and times of these meetings.
The final decision will be made by the City Commission on Tuesday, September 6, 2005, at 7:00
p.m., 411. East Main Street at City Hall in the Commission Meeting Room. Information will be sent to
you and your representative(s)prior to that meeting.
If you have any questions regarding the process or-your project in general, please contact Planner
Kozub at 582-2260.
espectfully,
Tara Hastie
Administrative Assistant
TH/th
cc: JDS Architects, Jesse Sobrepena, 2413 W. Main St., Ste. 2, Bozeman, MT 59718
planning zoning subdivision review annexation historic preservation housing- grant.administration neighborhood coordination
TRANSMISSION VERIFICATION REPORT
TIME 05/19/2005 16:16
NAME CITY OF BOZEMAN
FAX 4065822263
TEL 4065822280
SER. # BROD3J368594
DATE,TIME 05/19 16:15
FAX NO. /NAME 95851677
DURATION 00:00: 42
PAGE(S) 01
RESULT OK
MODE STANDARD
ECM
I
City of Bozeman
Receipt
g , �.�D
e Bozeman, Montana. V 0 h 7`- , 2n
Received of
the sum of � i�,� '��� � � � �?_ .=erg- ��_ 9 �` �_ �._
_ .� . _ Dollars
ti +
for
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DEVELOP* REVIEW APPLICATION REQUIREMENTS FEES P" Mks
Application Type: A B C D E F G H I J K L M N O Q R S T U V W X Y Z AA BB
Checklists Required: ❑ Wetland Review Checklist ❑ Subdivision Pre-application Checklist
❑ Reuse, Change in Use/Further Development ❑ Subdivision Preliminary Plat Checklist
❑ COA Checklist 1 "� Subdivision Final Plat Checklist
❑ COA Checklist 2 - `k_ ❑ Subdivision Exemption Checklist
❑ Site Plan Checklist ���� ❑ Annexation Checklist
❑ Special Temporary Usp4mT the"S;llc' st ❑ Text/Map Amendment Checklist
❑ Zoning Variance/Appeal Checklist ❑ Growth Policy Amendment Checklist
PUD Checklist ="', "p�<<" ❑ Telecommunications Checklist
Adjoiners Certificate Required? Yes ❑ 1No
Number of Sets of Plans Required: 1 .
Adjoiners Materials Required: Ad. #" u tl2 xI
U None
' ] Standard - List of names and addresses for property owners within 200 feet of the site. Stamped, unsealed, plain (no
return address) #10 envelopes addressed with the names and addresses of property owners.
❑ Subdivision Preliminary Plat Only - List; two sets of mailing labels; and one set of stamped, unsealed, plain (no return
address) #10 envelopes containing the names and addresses of property owners of physically contiguous property and
all recorded purchasers under contract for deed. Plus, a list and one set of stamped, unsealed, plain (no return
address) #100 envelopes.containing the names and addresses of all other property owners within 200 feet of the site.
Require Fie :i�� +4-OD r�() �}�
fir fir
IDOOID& Q6r
I
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners within 200 feet of the
property located at Ott, N' S 7-t+ ) is a
true and accurate list from the last declared Gallatin Countyty tax records. I further understand that an
inaccurate list may delay review of the project.
Si ature �
i
(Certificate of Adjoining Property Owners List—Prepared 11/20/03)
OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone406-582-2260
�v 20 East Olive Street Fr- fax 4Q6 582'2263
P.O. Box 1230 I l " 1planning@bozemap.net
Bozeman, Montana 59771-1230 n www.bozen a)n.net
U ) MAY - 3 2005
DEVELOPMENT REVIEW APPLICATION
c-
1. Name of Project/Develo Development:
P
2. Property Owner Information:
Name: OAe�'-�/�4►T LLG E-mail Address:
Mailing Address: ZOtola �Sx ovA pe.. .
�02• T.
1`1 59—11 S
Phone: 5-,5 Co_ogoZ FAX:
3. Applicant Information:
Name: C Gj�� � 1 E-mail Address:
Mailing Address: /
Phone: FAX:
4. Representative Information:
Named S Ag<A� .�.,J / `a E-mail Address: "rp„py�-�L �.
Mailing Address: ,-t, V4•
Phone: SSCo ^80 8p FAX: Sgc t (Q -1 -7
5. Legal Description: L-erc-_5 elf-- \�ALA,L,.Cb,.1 f-i�•�y R p S„>�p�v�ss�/
f. Street Address: ` la1?51, 1 4 ` 4 S71A
7. Project Description: f:�i v F �
8. Zoning Designation(s): r<_'-p 9. Current Land Use(s): �-
10. Bozeman 2020 Community Plan Designation: >5 i S S
Page 1 Appropriate Review Fee Submitted 0
T,
11. Gross Area: Acres: Square Feet: 12.Net Area: AR Square Feet:
13.Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a o,go to question 14
13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor
14. Will this application require a deviation(s)? ❑ Yes I 2"'N-o
15.Application Type (please check all that apply): ❑ O.Planned Unit Development-Concept Plan
❑ A Sketch Plan for Regulated Activities in Regulated Wetlands (D Planned Unit D-e elopment-Preliminary Plan
❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site❑ Q.Planned Unit Development-Final Plan
❑ C Amendment/Modification of Plan Approved On/After 9/3/91 ❑ R.Planned Unit Development-Master Plan
❑ D.Reuse,Change in Use,Funkier Development,Amendment/COA ❑ S.Subdivision Pre-application
❑ E. Special Temporary Use Permit ❑ T.Subdivision Preliminary Plat
❑F.Sketch Plan/COA ❑ U.Subdivision Final Plat
❑ G.Sketch Plan/COA with an Intensification of Use ❑ V.Subdivision Exemption
❑H.Preliminary Site Plan/COA ❑ W.Annexation
❑ I.Preliminary Site Plan ❑ X Zoning Map Amendment
❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment
❑K.Conditional Use Permit ❑ Z.Zoning Variance
❑L.Conditional Use Permit/COA ❑ AA.Growth Policy Map Amendment
❑M.Administrative Project Decision Appeal ❑ BB.Growth Policy Text Amendment
❑N.Administrative Interpretation Appeal ❑ Other:
This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8'/z-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 81/2- by 14-inches. If 3-ring binders will be used,
they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This
application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the
City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.
I (We) hereby certify that the above information is true and correct to the best of my(our) knowledge.
APplicarifs Signature: Date:
,Applicant's Signature: Date:
Property Owner's Signature: Date:
Property Owner's Signature: Date:
Property Owner's Signature: Date:
Page 2
(Development Review Application-Prepared 11/25/03;Amended 9/17/04)
PANED UNIT DEVELOPMENT CHECAT
The appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not
applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. ❑ Planned Unit Development- Concept Plan. The following information and data shall be submitted:
PUD Concept Plan ,formation Yes No N/A
1. Data regarding site c r�tions,land characte ' .cs,available community facilities and El El El
utilities and other relatedgg�eneral inform 'on about adjacent land uses and the uses
of land within one-half mileaQhe su ect parcel of land
2. Conceptual (sketch) drawing o '�es
osed location of the uses of land, ❑ ❑ ❑
major streets and other significant fhe site and within one-half mile of
the site
3. A computation e showing the site's proposed lan a allocations by location and ❑ ❑ ❑
as a percent of total site area
B. Planned Unit Development— Preliminar:Plan. The following information and data shall be submitted:
PUD Preliminary Plan Information Yes No N/A
1. The following information shall be presented in an 8'/z- by 11-inch vertically bound document.The document
shall be bound so that it will open and he flat for reviewing and organized in the following orde
a. Application forms Ef ❑ ❑
b. A list of names of all general and limited partners and/or officers and ❑ ❑
directors of the corporation involved as either applicants or owners of the
planned unit development (-:5wm, �,+As V--Uz\
C. Statement of applicable City land use policies and objectives achieved by the ❑ ❑
proposed plan and how it furthers the implementation of the Bozeman
growth policy ol
d. Statement of the proposed ownership of open space areas ❑ ❑
,� �.P�
e. Statement of the applica ' intentions with regar to future ownership of all ❑ ❑
or portions of the planned unit development`---�wt}S ?L'p,
f. Estimate of number of employees for business, commercial and industrial EK ❑ ❑
uses
g. Description of rationale behind the assumptions. and choices made by the ❑ ❑
applicant
h. Where deviations from the requirements of this title are proposed, the ❑ ❑
applicant shall submit evidence of successful completion of the applicable
community design objectives and criteria of Section 18.36.090 (PUD Design
Objectives and Criteria),BMC. The applicant shall submit written explanation
for each of the applicable objectives or criteria as to how the plan does or
does not address the objective or criterion. The Planning Director may
require,or the applicant may choose to submit,evidence that is beyond what
is required in.that section. Any element of the proposal that varies from the
criterion shall be described C S ae_ V.4+i Sb,
i. Detailed description of how conflicts between land uses of different character ❑ ❑
are being avoided or mitigated
—j. Statement of design methods to reduce energy consumption, (e.g., ❑ ❑
home/business utilities,transportation fuel,waste recycling)
Page 3
(PUD Checklist-Prepared 12/2/03;revised 9/21/04)
PUD Preliminary Pla nfonnation,continued Yes No N/A
1. The following information shall be presented in an 8'h- by 11-inch verticallybound document.The document
shall be bound so that it will open and he flat for reviewing and organized in the following order:
k. A development schedule indicating the approximate date when construction ❑ ❑ Q
of the planned unit development, or stages of the same, can be expected to
begin and be completed, including the proposed phasing of construction of
public improvements and recreational and common space areas
j. One reduced version of all preliminary plan and supplemental plan maps and ❑ ❑
graphic illustrations at 8'/z- by 11-inches or 11- by 17-inches size
2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be J�
included on the site plan:
a. Notations of proposed ownership, public or private, should be included ❑ ❑ (�
where appropriate
b. The proposed treatment of the perimeter of the planned unit development, ❑ ❑
including materials and techniques used, such as screening, fences, walls and V 1
other landscaping
C. Attorneys or owner's certification of ownership ❑ ❑
3. Viewsheds:
a. Looking onto and across the site from areas around the site,describe and map ❑ ❑ SK
the views and vistas from adjacent properties that may be blocked or impaired
by development of the site
b. Describe and map areas of high visibility on the site as seen from adjacent ❑ ❑
off-site locations
4. Street cross-section schematics shall be submitted for each general category of street,including:
a. The proposed width ❑ ❑
b. Treatment of curbs and gutters, or other storm water control system if other ❑ ❑
than curb and gutter is proposed
C. Sidewalk systems ❑ ❑
d. Bikeway systems,where alternatives to the design criteria and standards of the ❑ ❑
City are proposed
5. Physiographic data,including the following:
a. A description of the hydrologic conditions of the site with analysis of water ❑ ❑
table fluctuation and a statement of site suitability for intended construction
and proposed landscaping,in compliance with Section 18.78.120.B.3.c,BMC
b. Locate and identify the ownership of existing wells or well sites within 400 ❑ ❑
feet of the site
6. If the project involves or requires platting, a preliminary subdivision plat, subject to ❑ ❑
the requirements of this title relative to subdivisions,shall be submitted
7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the ❑ ❑
discretion of the City Engineer,a traffic impact analysis shall be prepared based upon
the proposed development. The analysis shall include provisions of the approved
development guidelines, and shall address impacts upon surrounding land uses. The
Director of Public Service may require the traffic impact analysis to include the
information in Section 18.78.0501, BMC. If a traffic impact analysis has been
submitted as part of a concurrent subdivision review, that analysis shall meet this
requirement n
8. If the development's compliance with the community design objectives and criteria is ❑ ❑ U-
under question,the Cry Commission may require additional impact studies or other 1
plans as deemed necessary for providing thorough consideration of the proposed
planned unit development I X
9. A proposed draft of a legal instrument containing the creation of a property owner's ❑ ❑ �1•
association sufficient to meet the requirements'of Section 18.72.020 (Property
Owners Association),BMC shall be submitted with the preliminary plan application
Page 4
G ❑ Planned Unit DevelAnt-Final Plan. The followm*g informatio*data shall be submitted:
PUD Final Plan Information Yes No N/A
1. A list of names of all ge eral and limited partners and/or officers and directors of ❑ ❑ ❑
the corporation involved`as either applicants or owners of the plannc/d unit.
development \
2. A final plan site plan shall be bmitted on a 24- by 36-inch sheets) at the same scale as the approved
preliminary plan.If a different scale is requested or required,a copy f'the approved preliminary plan shall be
submitted that has been enlarged pr reduced to equal the scale of the final plan. However, only the scales
permitted for the preliminary plans\ hall be permitted for final plans. The final plan site plan shall show the
following information:
a. Land use data(same information required on the Lary site plan) ❑ ❑ ❑
b. Lot lines,easements,public rights-of- as per subdivision plat ❑ ❑ ❑
C. Attorney's or owner's certification of owne p ❑ ❑ ❑
d. Planning Director certification of a prov of the site plan and its El El Elconformance with the preliminary pi
e. Owner's certification of acceptan of conditions an estrictions as set forth ❑ ❑ ❑
on the site plan
3. A final landscape plan consiste with the conditions and r trictions of the ❑ ❑ ❑
approved preliminary plan Fary'
h e submitted. It shall also be con istent with the
Chapter 18.48 (LandscapBMC, except that any stated co ditions and
restrictions of the pre' plan approval shall supersede the pr is,
of
Chapter 18.48 (Landsca g),BMC
4. An official final subdivision plat of the site must accompany the final planne unit El 1-10
development plany�hen applicable. City approval of.the final subdivision plat s all
be required before issuance of building permits
5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans ❑ ❑ ❑
and spec' 'cations for sewer, water, street improvements and other public
improve ents, and an executed improvements agreement in proper form providing
for the ' tallation of such improvements,must be submitted to and approved by the
City
6. A plan for the maintenance of open space, meeting the requirements of Section ❑ ❑ ❑
18.72.040 (Common Area and Facility Maintenance Plan and Guarantee),BMC,shall
be submitted with an application for final plan approval. Open space shown on the
approved final plan shall not be used for the construction of any structures not
shown on the final plan
Page 5
ADJ61NERS LIST 1193 N. 15" AVE.
Oakway, L.L.C.
2066 Stadium Dr. Ste. 202
Bozeman, Mt. 59715
SAAM Real Estate, Inc.
7717 Jade Hill Ln.
Bozeman, Mt. 59715
Jeremiah P. Cashman
Janice A. Cashman
252 Estes Ln.
Bozeman, Mt. 59718
Walton Homestead Commercial Owner Association
2066 Stadium Dr. Ste. 202
Bozeman, Mt. 59715
Covered Wagon Mobile Home Park L.L.C.
PO Box 6160
Bozeman, Mt. 59771
M AY - 3 2005
Application for
' Modification to Planned
' Unit Development
�. for
Walton Homestead Subdivision
' Prepared byl:
jdS
' arch itects inc.
2413 west main street'suite 2
bozeman,mt 59718
t
I
t • •
JDS ARCHITECTS, Inc.
' JESSE D. SOBREPENA,AIA
2413 West Main St. Ste. #2
Bozeman,Mt.59718
' Phone#:406-556-8080 .
Cell# :406-581-3939
Fax# :406-585-1677
April 28, 2005
RE: Scrubby's Car Wash (Walton Homestead Subdivision)
Dear Susan:
1
Please find for .our review and comment a Planned Unit DeveloI ment Modification application.
y p
The Modification we are requesting is for Lot 3, of Block 3, of Walton Homestead Subdivision.
Under the current planned unit development for Walton Homestelad Subdivision, Lot 3, of Block 3, has been
designated for both a car wash, and laundry facility. We are requesting a modification to the Walton Homestead
P.U.D. to allow an automatic car wash in leu of the laundry facility use.
' Please contact me, or Kevin Cook with any questions you might have.
1
I
Sincerely,
Jesse D. Sobrepena, AIA
' JDS Architects, Inc.
2413 W. Main St., Ste. 2
Bozeman, MT 59718
Cc: Kevin Cook, Steve Green
1 .
0 •
Walton Homestead PUD Modification . April 28,2005
Table of Contents
Page
1. Introduction 2
2. Land-Use Objectives 2
3. Employees 2
4. PUD Modification Rational 2
5. Land-Use Mitigation 3
i6. Energy Consumption 3
7. Existing WHS Subdivision Map/Zoning Map 4
8. Proposed WHS Subdivision Map/Zoning Map 5
1
1
Walton Homestead PUD Modification April 28,2005
1. Introduction
' Under the current planned unit development for Walton.Homestead Subdivision, Lot 3, of Block3,has been
designated for both a car wash and laundry facility. We are requesting a modification to the P.U.D. to allow an
automatic car wash in lieu of the laundry facility.
The Scrubby's Car Wash development in the Walton Homestead Subdivision(WHS) is intended to provide both
the resident's of Bozeman and specifically the resident's of WHS a new state of the art car wash facility. The
project would provide both self-service and automated facilities with an optional coffee shop component as part of
the automatic car wash.
' The main goal in implementing this modification is to place an appropriate small business that will complement
the demographics of the Walton Homestead Subdivision. Walton Homestead Subdivision will be primarily
comprised of single family homes, town homes and condominiums, all of which provide laundry rooms as part the
unit, creating little need for a nearby laundry facilities. Rather than providing a laundry facility with little need
within the WHS, we feel a full service car wash would better serve both the residents of WHS and the residents of
' the many and growing nearby residential subdivisions.
2. Land-Use Objectives
The main objective of the WHS car wash is to offer a convenient use for both the resident's of WHS and growing
' nearby residential subdivisions.
3. Employees
The estimated number of employees to manage and maintain both the automatic and self service car wash would
be one full time person. If the coffee shop component is added, this would require an additional FTE.
' 4. PUD Modification Rational
It is our opinion that both the immediate residents and the surrounding community would be better served by the
addition of an automated car wash in lieu of a laundry facility. The majority of the WHS is planned for.single
family residences, town homes, and/or condominiums all of which provide laundry facilities as part of the unit or
residence. The apartments designed for this subdivision will likely provide stacked closet style laundry facilities
within its units. We have looked in to a number of new apartment complex projects locally and have found the
' trend in new apartment complexes is to provide laundry facilities either as part of the apartment unit, or as a
common laundry facility on site. In this event, the need for a laundry facility within the WHS would be greatly
diminished. Furthermore it has come to our attention that the land use for the Covered Wagon Mobile Home Park
' land will be changing from a residential to a commercial land use, further reducing the need for a laundry-
component within WHS.
In addition, due to the rapidly growing Bozeman community and due to the lack of new full service car wash
facilities over the last twenty years the Bozeman community is overdue for the type of car wash facility we are
proposing.
1
' 2
Walton Homestead PUD Modificon • Aril 28,2005
Rather than providing potential obsolete service in this subdivision that might sery the short term needs of a
P g a P � g
small localized community, we propose an automated car wash that would help sery the needs of the Bozeman
' community presently and in the future.
5. Land-Use Mitigation
The proposed car wash site is on the edge of the R-O zoning designation for WHS with high density residential
zoning R-3 to the immediate south of the project. We feel we have created a project that reacts and responds to
' both the residential development to the south and the commercial development to the north. Through the use of
residential style roof lines and the residential scale of the car wash project, we are mitigating the transition from
residential to commercial zoning. The project also addresses the light commercial development to the north
' through its use of commercial style building materials. Brick, split face CMU and limited amounts of EIFS will
respond appropriately with the commercial development within the subdivision.
' 6. Energy Consumption
eThe resident's of WHS and the surrounding residential areas will wash their vehicles in the immediate vicinity of
WHS rather than driving to further locations,thus reducing the amount of gas consumption for the resident's of
WHS and the nearby residential neighbors. In addition to reducing the amount of gas consumption for the
' resident's in the WHS and nearby communities the state of the art car wash would help reduce the amount of
traffic outside of the immediate WHS area to help curb Bozeman's growing traffic concerns.
1 3 .
SCRUBBTS... CAR WASHES
r*'
LOT 3, BLOCK 3, WALTON HOMESTEAD SUBDIVISION
N 71- PROJECT INFORMATION
r�� I� L,� % ' L18T OP ADJOIN11 BUILDING INPORMATION
0 - 0 O I;/1 ��I NDT RECUIIPED OCCUPANCY GROUP! D
A R C H I T EC TSB ��l' ' ' TYPE°OF CONST110=01 V
I! LQGAL D�BCRIPTIDN NO
JESSE Q S 0 B R B P B N A, A I A U MAY - 3 2005 I1 LOT 8,BLOCK D, OF IUILTCN HOMESTEAD WWIViSICN .e OF GTORIE6,BWLDMG HEIGHT! le' N-
JE55E D.SOBREPENA,AIA PHONE 406-556-WbO
ALIauBLe FLOOR
AREA GAm PER FLOOR
7413 WEST MAIN 5T.STE 1 FAx 406-585.1611 -
BOZEMAN,MONTANA 59118 MTARCHITECT®MSN.GOM PrD• 1 I Pl CURRENT ZOOMG.
R-O
P3RMIT8 lQuoulR6D
ABBREVIATIONS WILDING DERV
G I G N A G E
�•: ;. T� OWNQR / D6NQLOPER
Afi FINISH MANUFACTURER :•i,' �` ,�j, ,�a7` •;��,
ABOVE FINISHED FLOOR MFR ••�.. ^.�:: •.W .;.F�•-: 'f'4:.
AC - ACOUSTICAL MAO MASONRY ... .. '. :. •r. L..:
ACT - ACOUSTICAL CEILING TILE MAX - MAXIMUM EIE ❑ I I
ADJ - ADJACENT MEGN - MECHANICAL
A/C - AIR CONDITIONINCG MTL - METAL
ALT - ALTERNATIVE MM - MILLIMETER
ALPD - ALUMINUM MIN - NOMT IS ❑❑ ❑❑❑❑ ❑❑
AP - APPROVED NAT - NATURAL
4RGH - ARGHITEGT(URAL) NR - NOISE REDUCTION
BSMT - 5ASEh1ENT NOM - NOMINAL
BRG - BEARING NO - NUMBER
BL15G - BLOCKING NIC - NOT IN CONTRACT
BD - BOARD INTO - NOT TO SCALE
BLDG - BUILDING OC - ON CENTER
CLG - CEILING OPG - OPENING
CT - CERAMIC TILE OD - OUTSIDE DIAMETER INDEX OF DRAWINGS
CONS! - COLUMN PHIL PANEL- CONCRETE PBD - PARTICLE BOARD STREET-VIEW AUTOMATIC -
Cm . CONCIRM MASONRY WIT PVMT - PAVEMENT
GONST - CONSTRUG NF TICN F - PER LINEAR FOOT - - ARCHITECTURAL
DTL - DETAIL IM - PLATE
DWG - DRAUNNG PLWD - MYUIOOD Al - BITE PLAN
EA POUNDAC4 PVC POLYVINYL CHLORIDE A2 - FLOOR PLAN IBBLN 88RV)
EF - EACH FACE PSF - POD PER GQ.FOOT
ELEC - ELECTRIC(AL) Pei - P'CIAID PER GQ.INCH _ d4.1 - FLOOR PLAN (AUTOMATIC)
EQ - EQUAL 'RAD - RADIUS
IMF
EXG EXISTING REF REFERENCE A3 - BUILDING QLQVATIONB(BQLP BQIRv)
- -
EXP - EXPOSED RE - REINFORCINGExt EXTERIOR RFG ROOFING A3.1 - BUILDING ELEVATIONS(BEEP BERV)
PC FIRE CODE RRD = ROUGH OPENING VICINITY MAP P.NLARGED VICINITY/ZONING MAP .GH FLOOR Girl SIMILAR FF FIN A3s _ BUILDING QLQvATIONB(AUTOMATIC)
I -
FIN - FINISWED) Sc - SOLID GORE A3.3 - BUILDING QLQVATIONS(AUTOMATIC)
FP - FIREPROOF &-K - SPEAKER
FLR - FLOOR OPEC - SPECIFICATION '
FTG - FOOTING STI - &WARE
FBO - FURNISHED BY OTFIERB STIR - STRUCTURE(AL)
GA - GAGE.GAUGE eye - SYSTEM
GG CON
TRACTOR NTRACTOR TWK - THICWNESS) I N
GYP BD- GYPSUM BOARD TAG - TONGUE MID GROOVE N
HVAC - HEATING/VENT/AIR COND. TYP - TYPICAL Oak St.
HC - HOLLOW CORE UBG - UNIFORM BUILDING CODE
HM - HOLLOW METAL VC:T - VINYL COMPOSITION TILE
HR - HOUR VD - VINYL DACE f a lewood St. PROJECT
MGL - INCLUDE(MG) WC - WATER GL08ET L LOCATION
INSUL INGULATE(ION) WP - WATERPROCF(MG) O`
INT - INTERIOR WJF - UELDED WIRE FABRIC PROJECT - ¢ a
JT - JOINT W - UDE,UDTH LOCATION + Q
LAM - LAMINATE Ul/ - WITH - 3
LL - LIVE LOAD WO - WITHOUT 1
evens
m St.
Windsor St. I:
SYMBOLS w Z
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GONCFETE i i i i i i i ACOUSTIC TILE
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