HomeMy WebLinkAboutAppellant Presentation Guthrie II AppealOverturn the
Guthrie II
•The Guthrie II fails to comply with the UDC.
•The Staff Report contains errors.
Non-delegable duty to promote “health, safety, morals, or the general welfare of the community.”
Delegated authority to
approve the Guthrie II
reviewed for error
reviewed for unlawful/
arbitrary and capricious
decision-making
BMC Sec. 38.230.010.
1. “All non-subdivision development proposals within the city will
be subject to plan review”(Approval 1-Site Plan Review per
BMC 38.230.100); AND
2.“When a development is proposed within a neighborhood
conservation overlay district or historic district . . . design review
is required in conjunction with plan review . . .” (Approval 2-COA
Design Review Criteria within the NCOD per BMC38.340.040 and
.050); AND
3. “In such cases,additional submittal requirements and review
procedures apply as outlined in section 38.220.090” (Approval 3-
COA for Demolition within the NCOD per BMC 38.220.090)
The One-Way One-
Way Parking Lot
Bike Racks, Circled in
Red, are included in
Open Space (light
yellow)Trash Pick-Up
Dysfunction
Does the Guthrie II Meet Site Plan Review Criteria? NO.
“Level of service standards. All arterial and collector streets and intersections with arterial and collector streets
must operate at a minimum level of service “C” unless specifically exempted by this section. The city
determines level of service (LOS) values by using the methods defined by the most recent edition of the
Highway Capacity Manual. The review authority may approve a development only if the LOS requirements are
met in the design year, which must be a minimum of 15 years following the development application review or
construction of mitigation measures if mitigation measures are required to maintain LOS.Intersections must
have a minimum acceptable LOS of “C”for the intersection as a whole.” BMC 38.400.060.B.4.
LammeLamme Lamme
A A
AA
A
A
D D D D D
City Staff’s averaging
method (A+A+D+D/4=C)Highway Capacity Manual
method (lowest minor leg)
Bozeman Long-Range
Transportation Plan method
(averages minor legs-
D+D/2=D)
BMC Sec. 38.340.050. –COA Review Criteria for NCOD.
B.“appropriateness and compatibility” “must focus upon the following:”
1.Height; 5.Scale; [. . .]
C.New structures encouraged “when such design is compatible with the foregoing elements of the structure and surrounding structures.”
D.When applying A through C, “the review authority must be guided by
the design guidelines for the neighborhood conservation overlay district.”
For new structures, “the review authority must be guided by the design
guidelines for the neighborhood conservation overlay district to
determine whether the proposal is compatible with any existing or
surrounding structures.”
Does the Guthrie II Meet Site Plan Review Criteria? NO.
BMC 38.230.100.7.a. Compatibility with, and sensitivity to, the
immediate environment of the site and the adjacent
neighborhoods and other approved development relative to
architectural design, building mass, neighborhood identity,
landscaping, historical character, orientation of buildings on the
site and visual integration;
BMC 38.230.100.5.c. triggers Conformance with the Applicable
Overlay Standards in BMC 38.340
Does the Guthrie II Meet COA Design Review Criteria? NO.
BMC Sec. 38.340.050.
B.1. and 5.“appropriateness and compatibility” of height and scale
C. New structures encouraged when such design is compatible with surrounding structures.”
D. “whether the proposal is compatible with any existing or surrounding structures.”
Compatibility? NO.
(1)Does the Guthrie II Meet Site Plan Review Criteria-BMC
38.230.100? NO.
(2)Does the Guthrie II Meet COA Design Review Criteria-BMC
38.340.040 and.050? NO.
(3)Does the Guthrie II Meet COA Criteria for Demolition in the
NCOD-BMC 38.220.090? NO.
The Commission Should Not Uphold Approval Decisions
Made in Error.
Studio dwelling: $1,526.25 per month (AMI for a one-person
household);
One-bedroom dwelling: $1,745.00 per month (AMI for a two-person household);
Two-bedroom dwelling: $1,962.50 per month (AMI for a three-person household).