HomeMy WebLinkAboutWalton Homestead Major Mods to Planned Unit Development
Report Compiled on December 30, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Walton Homestead Major Mods to PUD CUP, #Z-08273
MEETING DATE: Monday, January 5, 2009
BACKGROUND: The owners, Durston Development, represented by Legends Studio, Inc., have
made application for a Conditional Use Permit for Major modifications to an approved Planned
Unit Development Final Plan. The major modifications would amend the list of zoning relaxations
for the “Walton Homestead Planned Unit Development” and relax Section 18.16.020 of the
Bozeman Municipal Code to allow a bank and financial institution use and a drive in/drive through
use in the list of permitted uses for the “R-O” (Residential Office) zoning district.
The Development Review Committee (DRC) and the Design Review Board (DRB) recommend
conditional approval of this application. Please refer to the attached reports, minutes, etc. for
additional information.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
RECOMMENDATION: That the City Commission approve Walton Homestead Major Mods to
PUD CUP, #Z-08273, with the conditions and code provisions outlined in the Staff Report.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Allyson Bristor at abristor@bozeman.net if you have any
questions prior to the public hearing.
Attachments: Applicant’s Submittal for CUP Mods to PUD
CC Staff Report for CUP Mods to PUD
DRB Memo (12/10/08)
DRB Minutes for Consent Item approval (12/10/08)
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
241
CITY COMMISSION STAFF REPORT
WALTON HOMESTEAD PUD MAJOR MODIFICATIONS CUP #Z-08273
#Z-08273 Walton Homestead PUD Major Modifications CUP
1
Item: Zoning Application #Z-08273, a Conditional Use Permit to allow
major modifications to the approved “Walton Homestead Planned
Unit Development.” The major modifications would amend the list of
zoning relaxations for the “Walton Homestead Planned Unit
Development” and relax Section 18.16.020 of the Bozeman Municipal
Code to allow a bank and financial institution use and a drive in/drive
through use in the list of permitted uses for the “R-O” (Residential
Office) zoning district.
Property Owner/
Applicant: Durston Development
c/o Kevin Cook
1276 North 15th Avenue, #103
Bozeman, MT 59715
Representative: Legends Studio, Inc.
c/o Kira E. Ogle
3805 Valley Commons Drive, Suite 11
Bozeman, MT 59718
Date: Before the Bozeman City Commission on Monday, January 5, 2009 at
6 pm in the City Commission Room, Bozeman City Hall, 121 North
Rouse Avenue, Bozeman, Montana.
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The Walton Homestead Planned Unit Development (PUD) is located south of Oak Street and north of
Durston Road, along either side of North 15th Avenue. This Conditional Use Permit (CUP) application
is to allow new uses for the entire PUD subdivision. Said uses will likely be proposed in the future for
the empty lot at the intersection of Oak Street and North 15th Avenue, legally described as a portion of
Tract 1, COS #2085 of Sect. 1, Township 2S, Range 5E, Block 3, Lot 4, City of Bozeman, Gallatin
County, Montana. The zoning designation for said property is “R-O” (Residential Office District).
Please refer to the following vicinity map.
242
PROPOSAL
A Conditional Use Permit (CUP) application was submitted to the Department of Planning &
Community Development to allow major modifications to the approved “Walton Homestead Planned
Unit Development.” The major modifications would amend the list of zoning relaxations for the
“Walton Homestead Planned Unit Development (PUD)” and relax Section 18.16.020 of the Bozeman
Municipal Code to allow a bank and financial institution use and a drive in/drive through use in the list
of permitted uses for “R-O” (Residential Office District) zoning. Said uses will likely be proposed for
the southwest lot at the intersection of Oak Street and North 15th Avenue. This CUP application is not
approving the site plan development for the specific lot. A future Site Plan application will be
submitted and reviewed by the Department of Planning for the specific lot.
The following is a list of the zoning relaxations originally requested with the Walton Homestead PUD:
• Allowing apartments in the R-3 District;
• Reductions for minimum lot area and width, maximum lot coverage, and minimum
yards within the R-3 District;
• Allowing retail uses in the R-O District;
• Allowing additional features to exceed height requirements for the R-O District;
• Increased lot coverage in the R-O District;
• Reduced parking requirements for both the residential and commercial aspects of the
project; and
• Allowing accesses to be closer than that required for an arterial street.
The Development Review Committee (DRC) completed their review of the CUP application on
December 17, 2008 and recommended approval of the project as conditioned by Staff. The Design
Review Board (DRB) reviewed the CUP application as a consent item at their December 10, 2008
meeting and also recommended approval.
Minor changes to PUDs can be approved administratively; however, because the proposed change
includes expanded zoning relaxations, the application must follow the same PUD review and public
#Z-08273 Walton Homestead PUD Major Modifications CUP
2
243
#Z-08273 Walton Homestead PUD Major Modifications CUP
3
hearing process required for approval of preliminary PUD plans (as elaborated in the Unified
Development Ordinance).
RECOMMENDATION & CONDITIONS OF APPROVAL
Based on the analysis contained within this report, City Staff, the Development Review Committee
(DRC), and the Design Review Board, finds that the Conditional Use Permit (CUP) application, with
conditions, is in general compliance with the previously approved “Walton Homestead Planned Unit
Development (PUD)” and the City of Bozeman Unified Development Ordinance. The following
conditions of approval are recommended:
Conditions of Approval
1. A subsequent Site Plan Application shall be submitted to the Department of Planning &
Community Development when the property legally described as “Portion of Tract 1, COS
#2085 of Section 1, Township 2S, Range 5E, Block 3, Lot 4, City of Bozeman, Gallatin County,
Montana,” and generally described at the southwest corner of the Oak Street and North 15th
Avenue intersection, is proposed for development.
2. The subsequent Site Plan application for the property legally described as “Portion of Tract 1,
COS #2085 of Section 1, Township 2S, Range 5E, Block 3, Lot 4, City of Bozeman, Gallatin
County, Montana,” and generally described at the southwest corner of the Oak Street and North
15th Avenue intersection, shall require review by the Design Review Board.
3. Drive-through areas must be set back from public right-of-way at a minimum of 150 feet.
4. The information required by Section 18.44.090.H of the Unified Development Ordinance to
grant an access spacing deviation shall be provided to and approved by the City Engineer. If the
deviation is not granted, the access shall be right in – right out only.
ZONING DESIGNATION & LAND USES
The “Walton Homestead Planned Unit Development (PUD)” is zoned as “R-O” (Residential Office
District) in the northern portion and “R-3” (Residential Medium Density District) in the southern
portion. The Conditional Use Permit application is allowing additional zoning relaxations for the “R-O”
zoned areas. Please reference the vicinity map on the previous page.
The intent of the “R-O” 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 land uses. The primary use of a lot, as measured by building area, permitted in the “R-O”
district is determined by the underlying growth policy land use designation. Where the district lies over
a residential growth policy designation the primary use shall be non-office uses; where the district lies
over a non-residential designation the primary use shall be office and other non-residential uses. Primary
use shall be measured by percentage of building floor area.
GROWTH POLICY DESIGNATION
The “Walton Homestead Planned Unit Development (PUD)” is designated as “Business Park” in
the northern portion and “Residential” in the southern portion. The “Business Park”
244
#Z-08273 Walton Homestead PUD Major Modifications CUP
4
classification provides for areas typified by office uses and technology-oriented light industrial
uses. The “Residential” classification designates places where the primary activity is urban
density living quarters. Other uses which complement residences are also acceptable such as
parks, low intensity home based occupations, fire stations, churches, and schools. The residential
designation also indicates that it is expected that development will occur within municipal
boundaries which may require annexation prior to development. The dwelling unit density
expected within this classification varies.
REVIEW CRITERIA & FINDINGS
In approving a modification to a Planned Unit Development (PUD) 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.” Please
note that this application is not considering the actual site development for the lot located at the
southwest corner of Oak Street and North 15th Avenue. That development will be reviewed at a future
date through a subsequent Site Plan application. 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 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.
Staff finds the proposed bank/financial institution and drive-through uses as appropriate for the
“Business Park” designated land.
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 plan submittal:
a. Section 18.52.060 states that a Sign Permit application shall be reviewed and approved
by the Department of Planning & Community Development prior to the construction and
installation of any new on-site signage.
b. Section 18.34.100.C states that the right to a conditional use permit shall be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use
Permit procedure. All special conditions and code provisions shall constitute restrictions
running with the land, shall be binding upon the owner of the land, his successors or
assigns, shall be consented to in writing by the applicant prior to commencement of the
use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office
245
#Z-08273 Walton Homestead PUD Major Modifications CUP
5
by the property owner prior to the final site plan approval or commencement of the use.
All of the conditions and code provisions specifically stated under any conditional use
listed in this title shall apply and be adhered to by the owner of the land, successor or
assigns.
c. Section 18.42.150 provides the requirements for lighting on site. All lighting must be in
conformance with this section.
d. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,
silt, oils, grease and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location
of and provide easements for adequate drainage ways within the subdivision to transport
runoff to the stormwater receiving channel. The plan shall include sufficient site grading
and elevation information (particularly for the basin site, drainage ways and finished lot
grades), typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public
or private streets, common open space, parks, etc.) shall not be located on easements
within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be reviewed
and reduced during design review of the FSP for each lot.
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.
4. Relationship of site plan elements to conditions both on and off the property.
The subsequent Site Plan application review process, as well as the Walton Homestead 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 subsequent Site Plan application review process will ensure that all parking requirements,
while considering the existing Walton Homestead PUD parking relaxations, are adequate for the
lot in question.
246
#Z-08273 Walton Homestead PUD Major Modifications CUP
6
6. Pedestrian and vehicular ingress and egress.
The subsequent Site Plan application review process will ensure that all ingress and egress
conditions are adequate for the lot in question.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space, and pedestrian areas, and the preservation or replacement of natural
vegetation.
Landscaping will be subject to Unified Development Ordinance requirements and Walton
Homestead PUD architectural guidelines.
8. Open space.
Not applicable.
9. Building location and height.
The future site development must meet all setback and building height requirements as stated in
the Unified Development Ordinance.
10. Setbacks.
The future site development must meet all setback requirements as stated in the Unified
Development Ordinance. Planning Staff is recommending a condition of approval that requires
all drive-through areas to be located a minimum of 150 feet from designated public right-of-
ways.
11. Lighting.
All future lighting must meet provisions of Section 18.42.150 in the Unified Development
Ordinance.
12. Provisions for utilities, including efficient public services and facilities.
Not applicable. No changes are proposed with the approved services for the Walton Homestead
PUD subdivision.
13. Site surface drainage.
As required by Engineering Staff, the Stormwater Master Plan shall be amended and updated
with this modification request.
14. Loading and unloading areas.
Not applicable.
247
#Z-08273 Walton Homestead PUD Major Modifications CUP
7
15. Grading.
As required by Engineering Staff, the Stormwater Master Plan shall be amended and updated
with this modification request. Information on site grading will be included in this plan.
16. Signage;
Section 18.52.060 of the Unified Development Ordinance states that a Sign Permit application
shall be reviewed and approved by the Department of Planning & Community Development
prior to the construction and installation of any new on-site signage.
17. Screening.
All future mechanical equipment must be adequately screened as noted in the Unified
Development Ordinance.
18. Overlay district provisions.
Not applicable.
19. Other related matters, including relevant comment from affected parties.
The Department of Planning & Community Development did not receive public comment in
reference to this project.
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.
Not applicable.
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:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity.
The Walton Homestead PUD subdivision is adequate in size and topography, and
appropriately designed in street layout, so that it can accommodate bank and financial
institution and drive-through uses.
248
#Z-08273 Walton Homestead PUD Major Modifications CUP
8
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.
Staff does not find that the proposal will have adverse effects on any property located within
the Walton Homestead PUD subdivision. The property lots fronting Oak Street are already
planned for commercial and office uses. A bank and financial institution use will not create
an adverse effect. During the subsequent Site Plan application review process, Planning
Staff will ensure that adequate screening is provided along the west perimeter of the Walton
Homestead PUD subdivision.
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
Condition #3 is recommended to prevent any drive-through use to front along a public right-
of-way.
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?
As required by Engineering Staff, the Stormwater Master Plan shall be amended and
updated with this modification request. Information on site grading will be included in
this plan.
2. Does the project preserve or replace existing natural vegetation?
Non-applicable; there is no significant natural vegetation on the remaining empty lots in
the Walton Homestead PUD subdivision.
249
#Z-08273 Walton Homestead PUD Major Modifications CUP
9
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 subsequent Site Plan application review process, as well as the Walton Homestead
PUD architectural guidelines, will ensure a cohesive planned unit development.
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?
The subsequent Site Plan application review process, as well as the Walton Homestead
PUD architectural guidelines, will ensure the development will contribute to an overall
reduction of energy use. The redevelopment of any empty lot in an existing platted
subdivision contributes to efficient energy use.
5. 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?
The subsequent Site Plan application review process, as well as the Walton Homestead
PUD architectural guidelines, will ensure a comfortable living environment for residents
living within the Walton Homestead PUD subdivision.
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 original Walton Homestead
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 Walton Homestead PUD has already been
approved. The proposed PUD modification does not decrease the performance points
already obtained.
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?
250
#Z-08273 Walton Homestead PUD Major Modifications CUP
10
The proposed modification does not significantly change the Walton Homestead 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.
The subsequent Site Plan application review process, as well as the Walton Homestead PUD
architectural guidelines, will ensure an appropriate mix of limited commercial development.
CONCLUSION/RECOMMENDATION
The Bozeman Development Review Committee (DRC) and the Design Review Board (DRB) have
reviewed the proposed Planned Unit Development (PUD) major modifications and support the
additional relaxations. The recommended conditions of approval for this Conditional Use Permit (CUP)
application are listed on page 3 of this report.
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 of this 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 Memo
DRB Minutes
Applicant’s Submittal Materials
Report Sent To: Kevin Cook, 1276 North 15th Avenue, #103, Bozeman, MT 59715
Kira E. Ogle, 3805 Valley Commons Drive, Suite 11, Bozeman, MT 59718
251
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPME
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
TO: Design Review Board
FROM: Allyson C. Bristor, Associate Planner
RE: Major Mods to Walton Homestead Planned Unit Development – CUP #Z-08273
CONSENT ITEM
DATE: December 10, 2008
A Conditional Use Permit (CUP) application was submitted to the Department of Planning &
Community Development to allow major modifications to the approved “Walton Homestead
Planned Unit Development.” The major modifications would amend the list of zoning
relaxations for the “Walton Homestead Planned Unit Development” and relax Section 18.16.020
of the Bozeman Municipal Code to allow a bank and financial institution use and a drive
in/drive through use in the list of permitted uses for the R-O (Residential Office) zoning district.
Said uses will be proposed for the southwest lot at the intersection of West Oak Street and
North 15th Avenue. A preliminary site plan and building elevations were included in the CUP
application materials, but are not being approved at this time. Said approval will occur with a
future site plan application.
Planning Staff is advising the Design Review Board to recommend approval of the proposed
bank and drive in/drive through uses for the “Walton Homestead Planned Unit Development,”
with a condition of approval that the future site plan application for the subject property
requires DRB review.
Encl: Applicant’s submittal materials
CC: Durston Development, 1276 N. 15th Ave., #103, Bozeman, MT 59715
Legends Studio, 3805 Valley Commons Dr., Ste. 11, Bozeman, MT 59718
252
1
Design Review Board Minutes – December 10, 2008
DESIGN REVIEW BOARD
WEDNESDAY, DECEMBER 10, 2008
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Livingston called the meeting of the Design Review Board to order at 5:31 p.m. in
the upstairs conference room of the Alfred Stiff Professional Building, 20 East Olive Street,
Bozeman, Montana and directed the secretary to record the attendance.
Members Present Staff Present
Bill Rea Brian Krueger, Associate Planner
Michael Pentecost David Skelton, Senior Planner
Mel Howe Tara Hastie, Recording Secretary
Elissa Zavora
Walter Banziger
Visitors Present
Kristen Schewan
Kira Ogle
Larry Holle
ITEM 2. MINUTES OF NOVEMBER 12, 2008
Vice Chairperson Pentecost stated that on page 7, the language should be “LEED level of
quality”.
MOTION: Mr. Rea moved, Ms. Zavora seconded, to approve the minutes of November 12,
2008 with corrections. The motion carried 4-0.
ITEM 3. CONSENT ITEM
1. Walton Homestead Mods to PUD CUP #Z-08273 (Bristor)
Lot 4, Block 3 Walton Homestead PUD
* A Conditional Use Permit Application to allow major modifications of an
approved Planned Unit Development for the following: 1) bank office
use, and 2) drive-thru use. The modification could allow future approval
of the construction of a bank with a drive-thru at West Oak Street & North
15th Avenue.
MOTION: Mr. Howe moved, Mr. Rea seconded to forward a recommendation of approval to
the City Commission for Walton Homestead Mods to PUD CUP #Z-08273 with Staff conditions.
The motion carried 4–0.
ITEM 4. INFORMAL REVIEW
1. First Lutheran Church Parsonage Demo COA/ADR #Z-08243 (Kramer)
225 South Black Avenue
* A Certificate of Appropriateness Application to allow the demolition of
the existing single-family residence that has been used in the past as a
253
2
Design Review Board Minutes – December 10, 2008
parsonage, and its replacement with landscaping.
Larry Holle joined the DRB. Assistant Planner Courtney Kramer presented the Staff Memo
noting the applicant was requesting the demolition of the parsonage which existed on the site.
She noted Staff had recommended denial of the proposal as the structure was listed as
contributing in the Historic Registry.
Mr. Holle stated one of the things they had been unable to report to Staff was the history of the
structure. He noted he had looked at the cornerstones and the original church had been built in
1936 with the parsonage being built in roughly the same time frame. He noted the only available
green space had been used when the addition to the church was constructed in 1959 between the
parsonage and the church. He noted the landscaping plan depicted an area that would be used for
gathering space and the applicant had no plans to build any new structure in that location. He
noted the existing structure did not have its own sewer or water services which caused the
church’s services to have problems and back up. He noted the site was landlocked and the
applicant was attempting to make the site more attractive and more usable.
Ms. Zavora asked if the applicant intended to keep the property fenced. Mr. Holle responded
they would not install new fencing. Ms. Zavora asked if lawn was the only thing that would be
installed in addition to the existing landscaping. Mr. Holle responded the lawn was the only
addition, but the mature trees would be salvaged.
Vice Chairperson Pentecost noted the Historic Inventory indicated the parsonage had been built
in 1930. Planner Kramer responded Staff was uncertain of the original construction date, but the
Sanborn Map did not depict the structure in 1927 and the Maps were not updated again until
1943. Vice Chairperson Pentecost asked if there was a definitive indication that the church had
been constructed in 1936. Mr. Holle responded the corner stones were clearly labeled 1936.
Vice Chairperson Pentecost asked if the church congregation had just grown larger and needed
more space. Mr. Holle responded that was part of the reason but the applicant also thought the
proposal would substantially improve the site.
Ms. Zavora asked how many members were in the congregation and how many could presently
fit in the church. Mr. Holle responded there were roughly 400 members and 200 would fit
comfortably in the church as it existed.
Planner Kramer noted if the parsonage construction had preceded the church, it would likely
have been constructed facing Black, as it faces Curtiss Street it was likely built when the church
was or just after. Mr. Holle added it had not been used as a parsonage for a very long time.
Mr. Rea asked if the South Tracy/South Black Historic District had more stringent review
processes than other Historic Districts. Planner Kramer responded all the Districts offered the
same protection and regulations for restoration, rehabilitation, and preservation; she noted Staff
had been discussing different review processes for the individual Historic Districts. Mr. Rea
asked if the COA was reviewed before a Building Permit was issued. Planner Kramer responded
the COA was reviewed prior to issuance of the Building Permit and Staff used the Building
Permit process as a last hold on unidentified items.
Mr. Howe stated he disagreed with the Staff recommendation of denial though he did not want to
254
3
Design Review Board Minutes – December 10, 2008
allow the demolition of what may be a contributing structure within a Historic District. He noted
he was supportive of the proposal to augment the church building and improve the site.
Mr. Rea stated he strongly supported Staff’s recommendation of denial to the City Commission
as he thought the block was on the tipping point regarding Historic integrity. He stated he
thought the parsonage building was one of the buildings to save. He stated if the Commission
decided to approve the demolition, he would suggest requiring a level of rehab or restoration to
the exterior of the house rather than remodeling the interior and would suggested requiring the
church to bring the structure to an original level of restoration based on the Secretary of Interior
Standards. He added his recommendations were purely from an architectural historical point of
view.
Ms. Zavora stated she was supportive of the proposal for demolition and disagreed with Staff’s
recommendation of denial as demolition would make the church more attractive in a streetscape.
She suggested enhancing the landscaping and continuing the existing hedges; she noted the
existing trees looked to be approaching the end of their lifetime.
Vice Chairperson Pentecost stated he was supportive of Staff’s recommendation of denial as he
was hesitant to establish a precedent that would allow the owner or purchaser of a lot to demolish
the structure. He stated he understood the church might look better without the house there, but
would argue that the house has been next to the church for the last 90 years. He stated the level
of awareness in the Community had been raised and historic properties needed to be retained to
maintain the flavor of the City. He stated when he looked at the house there were no structural
issues other than those associated with age and noted the DRB had made past attempts to save
houses that were structurally unsound.
Mr. Rea noted there was similar situation across Olive Street from Second Wind Sports between
Willson Avenue and Tracy Avenue and noted it was currently a parking lot instead of a historic
home. Vice Chairperson Pentecost stated he would hate to see the City liable when someone
wanted to remove a historic structure to provide a larger lawn.
Mr. Howe asked how Mr. Delaney’s home fit into the discussion. Planner Kramer responded the
Delaney’s demolished home did not have historic significance and had not been subdivided until
the 1960’s. Mr. Howe noted the site was a lot better than what had existed in that location.
Vice Chairperson Pentecost noted that whether architecture was liked or disliked, it occurred in
that era and would become very important.
Mr. Rea noted it was more a fabric issue and a historic garage would still interrupt that historic
fabric.
ITEM 5. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Design Review
Board, not on this agenda. Three-minute time limit per speaker.}
There was no public comment forthcoming.
ITEM 6. ADJOURNMENT
255
4
Design Review Board Minutes – December 10, 2008
There being no further comments from the DRB, the meeting was adjourned at 6:13 p.m.
________________________________
Michael Pentecost, Vice Chairperson
City of Bozeman Design Review Board
256
257
258
259
260
261
262
Application for Major Modification to Walton Homestead PUD, Lot 4, Block 3
Modification Request Narrative and Explanation
At this time of application for a major modification to the Walton Homestead PUD we are
requesting the following:
• Relaxation to the PUD to allow banking facilities and drive through use
• Deviation from the minimum separation distance of 330’ between the Oak/15th
Intersection and our first full site access
• Use of the parking relaxation for the PUD to allow a calculation of required parking
spaces provided on site at 1 space required for each 400 gross square feet of floor area
With the request of the above changes to the Walton Homestead PUD we also include the
following reasons in support.
Site Access and Circulation
Access and circulation on and off this site is not changing from what was initially proposed
during the approval of the P.U.D. We still have a single full access to the north and a shared
access to the site with the carwash to the south. The flow of traffic on site has been arranged
to allow ingress to the site at the northern access and egress from the site at the south.
However we have made these accesses large enough to allow two-way traffic as well. So there
is flexibility of onsite traffic.
Site Usage
The lot directly north across Oak Street is going to house a bank that is currently under
construction. It isn’t a far stretch to see a bank occupy this site as well. The bank intending to
occupy this site is one that has long been established in the Gallatin Valley. Modifying the PUD
to incorporate Banking facilities will provide a broader mix of uses for this mixed use PUD. A
broader mix will bring more vitality to the site. Currently a number of people do live in the
Walton Homestead PUD and also work here as well. A bank would naturally be a service these
residents could benefit from. Having residents live and work in such a close proximity
decreases motor vehicle traffic within the development.
Increased Traffic Flow
A newly installed light now controls traffic at the intersection of Oak and 15th which keeps
traffic flowing at high volume times of the day. 15th was designed as a collector and is therefore
able to pick up a heavier traffic load than local streets.
263
Building Design
We have proposed a building design that blends with the existing buildings and significantly
anchors the Northwest corner of this development. We intend to address the entries as plaza
concepts incorporating landscaping and the built environment. This kind of attention to
aesthetics increases the value of this and the surrounding properties.
Future Development
In the future the mobile home park will probably not occupy the corner of Oak and 19th. Once
the mobile home park is gone, that piece of land will more than likely be zoned for a mix of
residential and commercial uses as well. The bank usage of this site fits well with the mix of
businesses currently in the Walton Homestead PUD and the commercial developments on the
north side of Oak Street.
264
265
Walton Homestead PUD Major Modification, Lot 4, Block 3
Site Plan Checklist Narrative
Design Review Board (DRB) Site Plan Review Thresholds
1. There will be no dwelling units on this lot.
2. There is less than 30,000 s.f. of office space planned for this lot.
3. Only one building is being proposed for office and bank use.
4. No exterior storage is being proposed.
5. We are not proposing parking for more than 60 vehicles.
General Information
3. At this time we are only submitting an application for a CUP/PUD Major
Modification, no construction will happen until after submitting a Site Plan/COA
application and building permit application. This is not applicable to our point in
the process.
11. No dwelling units are proposed for this lot.
13. This information was provided previously through the PUD process and we are
not requesting to change it.
14. This information was provided through the PUD process and a separate soils
test will be submitted for this lot at the time of the Site Plan/COA application.
15. We have included exterior elevations and floor plans to show a proposed
structure and its architectural character however we are not submitting at this
time for Site Plan/COA review.
16. Not construction is being proposed at this application process.
17. This information was submitted through the PUD process.
18. These supplementary documents were submitted through the PUD process.
Site Plan Information
8. (d.) This information was submitted during the PUD process.
11. There are no significant rock outcropping or slopes of greater than 15%.
13. This information will be submitted at the time of Site Plan/COA review but it is
not applicable for this process.
15. This information will be submitted at the time of Site Plan/COA review but it is
not applicable for this process.
18. This information will be submitted at the time of Site Plan/COA review but it is
not applicable for this process.
266
Site Plan Information (cont’d.)
19. This information will be submitted at the time of Site Plan/COA review but it is
not applicable for this process.
20. No such features exist on site.
24. No such features exist on site.
26. A density change is not being requested. This information was submitted during
the PUD process.
27. This information was submitted during the PUD process.
Landscape Plan Information
1-21. This information is not applicable to this process. We are submitting for a
CUP/PUD Major Modification. This information will be submitted at the time of
the Site Plan/COA application.
267
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman 2020 Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area: Acres: Square Feet:
Major Modification to Walton Homestead PUD/Lot 4, Block 3
Durston Development/Kevin Cook
1276 North 15th, #103, Bozeman, Montana 59715
586-0302 586-6105
(Same as Owner)
Legends Studio, Inc./Kira E. Ogle kira@legendsstudio.com
3805 Valley Commons Drive, Suite 11, Bozeman, Montana 59718
556-6676 556-5782
portion of tract 1, COS #2085 - SW1/4 of Sect. 1, Township 2 S,Range 5 E, Block 3, Lot 4
North 15th Street
Major Modification to the existing Walton Homestead PUD to allow banking facilities and drive
through uses.
R-O open
Business Park
44,302
268
Page 2
(Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07)
13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14
13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue
14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15
14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
15. Will this application require a deviation(s)? Yes, list UDO section(s): No
16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – 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, Further 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 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must
be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between
sections. Application deadlines are Wednesdays at 5:00 pm. 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. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I
agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process
(Section 18.64.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
PUD Major Mod.
269
Page 3
(Site Plan Checklist – Prepared 12/05/03; revised 9/22/04)
SITE PLAN CHECKLIST
These checklists 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. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following:
Design Review Board (DRB) Site Plan Review Thresholds Yes No
1. 20 or more dwelling units in a multiple household structure or structures
2. 30,000 or more square feet of office space, retail commercial space, service commercial space or
industrial space
3. More than two buildings on one site for permitted office uses, permitted retail commercial uses,
permitted service commercial uses, permitted industrial uses or permitted combinations of uses
4. 20,000 or more square feet of exterior storage of materials or goods
5. Parking for more than 60 vehicles
B. General Information. The following information shall be provided for site plan review:
General Information Yes No N/A
1. Location map, including area within one-half mile of the site
2. List of names and addresses of property owners according to Chapter 18.76, BMC (Noticing)
3. A construction route map shall be provided showing how materials and heavy equipment will
travel to and from the site. The route shall avoid, where possible, local or minor collector
streets or streets where construction traffic would disrupt neighborhood residential character
or pose a threat to public health and safety
4. Boundary line of property with dimensions
5. Date of plan preparation and changes
6. North point indicator
7. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet
8. Parcel size(s) in gross acres and square feet
9. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR),
with a breakdown by land use
10. Location, percentage of parcel(s) and total site, and square footage for the following:
a. Existing and proposed buildings and structures
b. Driveway and parking
c. Open space and/or landscaped area, recreational use areas, public and semipublic land,
parks, school sites, etc.
d. Public street right-of-way
11. Total number, type and density per type of dwelling units, and total net and gross residential
density and density per residential parcel
12. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks,
compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of
employee and non-employee parking spaces, existing and proposed, and total square footage
of each
270
Page 4
General Information, continued Yes No N/A
13. The information required by Section 18.78.060.L, BMC (Streets, Roads and Alleys), unless
such information was previously provided through a subdivision review process, or the
provision of such information was waived in writing by the City during subdivision review of
the land to be developed, or the provision of such information is waived in writing by the City
prior to submittal of a preliminary site plan application
14. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitability of such soils for the intended construction and proposed landscaping
15. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or structure(s)
b. Height above mean sea level of the elevation of the lowest floor and location of lot
outfall when the structure is proposed to be located in a floodway or floodplain area
c. Floor plans depicting location and dimensions of all proposed uses and activities
16. Temporary facilities plan showing the location of all temporary model homes, sales offices
and/or construction facilities, including temporary signs and parking facilities
17. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation
Plan)
18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC
(Supplementary Documents)
C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite
and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way,
unless otherwise stated:
Site Plan Information Yes No N/A
1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning
Director
2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to
major arterial streets where the distances shall be 200 feet
3. On-site streets and rights-of-way
4. Ingress and egress points
5. Traffic flow on-site
6. Traffic flow off-site
7. Utilities and utility rights-of-way or easements:
a. Electric
b. Natural gas
c. Telephone, cable television and similar utilities
d. Water
e. Sewer (sanitary, treated effluent and storm)
8. Surface water, including:
a. Holding ponds, streams and irrigation ditches
b. Watercourses, water bodies and wetlands
c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be
identified as lying within a 100-year floodplain through additional floodplain
delineation, engineering analysis, topographic survey or other objective and factual
basis
d. A floodplain analysis report in compliance with Chapter 18.58, BMC (Bozeman
Floodplain Regulations) if not previously provided with subdivision review
271
Page 5
Site Plan Information, continued Yes No N/A
9. Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as required by the Engineering Department, or in compliance
with any adopted storm drainage ordinance or best management practices manual adopted by
the City
10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated
into the storm drainage system for the property shall be designated:
a. The name of the drainageway (where appropriate)
b. The downstream conditions (developed, available drainageways, etc.)
c. Any downstream restrictions
11. Significant rock outcroppings, slopes of greater than 15 percent or other significant
topographic features
12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details
and interrelationships with vehicular circulation system, indicating proposed treatment of
points of conflict
13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps,
parking spaces, handrails and curb cuts, including construction details and the applicant’s
certification of ADA compliance
14. Fences and walls, including typical details
15. Exterior signs. Note – The review of signs in conjunction with this application is only review
for compliance with Chapter 18.52, BMC (Signs). A sign permit must be obtained from the
Department of Planning and Community Development prior to erection of any and all signs.
16. Exterior refuse collection areas, including typical details
17. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both
vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses,
containing a layout of all proposed fixtures by location and type. The materials required in
Section 18.78.060.R, BMC (Lighting Plan), if not previously provided
18. Curb, asphalt section and drive approach construction details
19. Landscaping - detailed plan showing plantings, equipment, and other appropriate information
as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If
required, complete section C below
20. Unique natural features, significant wildlife areas and vegetative cover, including existing trees
and shrubs having a diameter greater than 2.5 inches, by species
21. Snow storage areas
22. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning
Jurisdiction, within or near the development
23. Existing zoning within 200 feet of the site
24. Historic, cultural and archeological resources, describe and map any designated historic
structures or districts, and archeological or cultural sites
25. Major public facilities, including schools, parks, trails, etc.
26. The information necessary to complete the determination of density change and parkland
provision required by Chapter 18.50, BMC, unless such information was previously
determined by the City to be inapplicable and written confirmation is provided to the
applicant prior to submittal of a preliminary site plan application. If a new park will be created
by the development, the park plan materials of Section 18.78.060.P, BMC shall be provided.
27. Describe how the site plan will satisfy any requirements of Section 17.02, BMC (Affordable
Housing) which have either been established for that lot(s) through the subdivision process or
if no subdivision has previously occurred are applicable to a site plan. The description shall be
of adequate detail to clearly identify those lots and dwellings designated as subject to Title 17,
Chapter 2, BMC compliance requirements and to make the obligations placed on the affected
lots and dwellings readily understandable.
272
Page 6
D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan:
Landscape Plan Information Yes No N/A
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan
2. Location of existing boundary lines and dimensions of the lot
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage features;
and the location and size of existing and proposed streets and alleys, utility easements, utility
lines, driveways and sidewalks on the lot and/or adjacent to the lot
4. Project name, street address, and lot and block description
5. Location, height and material of proposed screening and fencing (with berms to be delineated
by one foot contours)
6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer
strips
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and type of
all existing trees on the lot over 6 inches in caliper must be specifically indicated
8. Complete illustration of landscaping and screening to be provided in or near off-street parking
and loading areas, including information as to the amount (in square feet) of landscape area to
be provided internal to parking areas and the number and location of required off-street
parking and loading spaces
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water
features
11. A description of proposed watering methods
12. Location of street vision triangles on the lot (if applicable)
13. Tabulation of points earned by the plan – see Section 18.48.060, BMC (Landscape
Performance Standards)
14. Designated snow removal storage areas
15. Location of pavement, curbs, sidewalks and gutters
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control
17. Existing and proposed grade
18. Size of plantings at the time of installation and at maturity
19. Areas to be irrigated
20. Planting plan for watercourse buffers, per Section 18.42.100, BMC (Watercourse Setbacks), if
not previously provided through subdivision review
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls
273