HomeMy WebLinkAboutReach Inc II Conditional Use Permit.pdf Report Complied On March 16, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Brian Krueger, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Reach Inc. II CUP/COA #Z-10010
MEETING DATE: March 22, 2010
AGENDA MEETING ITEM: Action
RECOMMENDATION: That the City Commission conditionally approves the application with the
conditions and code provisions listed in the staff report.
BACKGROUND: Reach, Inc., represented by Intrinsik Architecture, submitted a Conditional Use
Permit CUP/Certificate of Appropriateness COA application requesting the following alterations to the
property located at 434 North Tracy Avenue: 1) demolition of an existing 2,446 square foot four, two
bedroom unit dwelling for eight residents(located adjacent to the alley), which is classified as a “Non-
contributing” structure in the City of Bozeman’s North Tracy Avenue Historic District; 2) the
construction of a new 2,727 square foot, two 2 bedroom and two 1 bedroom unit dwelling for six
residents residence including minor site improvements and allowance for an existing 1,250 square foot
single household residence to remain, on property which is zoned R-2 (Residential Two Household
Medium Density District) and located in the North Tracy Avenue Historic District.
A CUP was issued by the City in 2007 that allowed demolition of a 1,026 square foot single household
residence (located adjacent to Tracy Avenue) and the construction of a 1,250 square foot single family
household residence in its place. The 2007 CUP also affirmed the use of the site as a group home or use
similar to a community residential facility. As stated in Section 18.28.080 BMC, “Demolition or
Movement of Structures or Sites within the Conservation District,” the final approval authority for the
demolition of structures within a historic district shall rest with the City Commission. Therefore, the
Commission will take action on the proposed structure’s proposed demolition.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission
Attachments: Staff Report with Attachments
Informal application materials
Commission Memorandum
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CITY COMMISSION STAFF REPORT
REACH, INC. II CUP/COA FILE NO. #Z-10010
#Z-10010 Reach, Inc. II CUP/COA
1
Item: Conditional Use Permit/Certificate of Appropriateness Application
#Z-10010 to allow the demolition of an existing 2,446 square foot, four
2 bedroom unit dwelling (adjacent to the alley) for eight residents and
the construction of a new 2,727 square foot, two 2 bedroom and two 1
bedroom unit dwelling for six residents including minor site
improvements and allowing an existing 1250 square foot single
household dwelling to remain at 434 North Tracy Street which is
zoned R-2 (Residential Two Household Medium Density District) and
located in the North Tracy Avenue Historic District.
Property Owner: Reach, Inc.
322 Gallatin Park Drive,
Bozeman, MT 59715
Applicant/Representative: Intrinsik Architecture, Inc.
111 North Tracy Avenue
Bozeman, MT 59715
Date: City Commission Hearing: Monday, March 22, 2010 at 6:00 p.m.
Commission Meeting Room, Bozeman City Hall, 121 North Rouse
Avenue, Bozeman, Montana.
Report By: Brian Krueger, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROPOSAL
This Conditional Use Permit (CUP) Certificate of Appropriateness (COA) application would allow the
demolition of an existing 2,446 square foot four, two bedroom unit dwelling for eight residents(located
adjacent to the alley), which is classified as a “Non-contributing” structure in the City of Bozeman’s
North Tracy Avenue Historic District. The application includes the construction of a new 2,727 square
foot, two 2 bedroom and two 1 bedroom unit dwelling for six residents residence including minor site
improvements and allowance for an existing 1,250 square foot single household residence to remain, on
property which is zoned R-2 (Residential Two Household Medium Density District) and located in the
North Tracy Avenue Historic District.
A CUP was issued by the City in 2007 that allowed demolition of a 1,026 square foot single household
residence (located adjacent to Tracy Avenue) and the construction of a 1,247 square foot single family
household residence in its place. The 2007 CUP also affirmed the use of the site as a group home or use
similar to a community residential facility. The uses on site do not meet the definition of either category
exactly. The Planning Director, at that time, determined the appropriate classification of the particular
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use on site and through the CUP process confirmed that the existing uses on site remained consistent and
conformed to the requirements for a Community Residential Facility/Group Home. Community
Residential Facilities with more than four residences require a Conditional Use Permit in the “R-2”
District.
The existing 2,446 square foot fourplex proposed for demolition at 434 North Tracy Avenue is not
formally listed on the Montana Historical & Architectural Inventory for the City of Bozeman. Historic
Preservation Staff have classified the building as an “Non-contributing” element within the historic
district.
As stated in Section 18.28.080 BMC, “Demolition or Movement of Structures or Sites within the
Conservation District,” the final approval authority for the demolition of structures within a
historic district shall rest with the City Commission. Therefore, the Commission will take action
on the proposed structure’s proposed demolition.
PROJECT LOCATION
The subject property is located at 434 North Tracy Avenue. The site is legally described as Lots 21-22,
Block E, Beall’s 2nd Addition, City of Bozeman, Gallatin County, Montana. The zoning designation for
said property is R-2 (Residential Two Household Medium Density District). The property is designated
as “Residential” in the Bozeman Community Plan. The property is approximately .21 acres or 9, 180
square feet in size. Please refer to the vicinity map provided below.
RECOMMENDATION
The City of Bozeman Department of Planning and Community Development and the Development
Review Committee (DRC) have reviewed the Conditional Use Permit/Certificate of Appropriateness
application to allow the demolition of an existing 2,446 square foot, four 2 bedroom unit dwelling
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(adjacent to the alley) for eight residents and the construction of a new 2,727 square foot, two 2 bedroom
and two 1 bedroom unit dwelling for six residents including minor site improvements and allowing an
existing 1,250 square foot single household dwelling to remain and as a result recommend to the City
Commission approval of said application with the conditions and code provisions outlined in this staff
report. Planning Staff has identified various code provisions that are currently not met by this
application. Some or all of these items are listed in the findings of this staff report. The applicant must
comply with all provisions of Title 18, BMC, 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.
RECOMMENDED CONDITIONS OF APPROVAL
The Planning and Community Development Department and the DRC find that the application, with
conditions, is in general compliance with the adopted Growth Policy and Title 18, BMC. The following
project specific conditions of approval are recommended:
Planning Related:
1. A site construction/demolition management plan sheet shall be submitted with the final site plan that
outlines the limits of construction disturbance, a barrier fencing detail and plan to separate the
construction area from the existing one story house, City utility protection measures, construction
material storage areas, and vegetation/tree protection measures.
2. Prior to demolition and construction a tree protection zone (TPZ) shall be established around the any
large trees within the vicinity of the existing dwelling to be demolished. The TPZ shall be as
specified and approved by the City Forester. The trees shall be trimmed by a qualified arborist of
dead wood over the construction area, and trimmed so that branches will not be overhanging the
building for 5 years of anticipated growth. Any roots that are encountered during the construction
shall be cut cleanly with a sharp tool. In the spring additional water shall be given to the trees to
accommodate for the root loss.
3. Prior to issuance of any type of a demolition/building permit, the applicant shall submit a color
palette for the building to the Department of Planning, which includes actual material samples and
color chips. The materials/color palette shall be presented on a board no larger than 24” x 36” and
contain all the primary materials to be utilized on the building including window/storefront frames
and doors (entry, garage, and service). All final building elevations shall be keyed to the color
palette to delineate where each individual building material and color is specified. The
materials/color palette shall be subject to final design review and approval by Administrative Design
Review Staff.
4. A bicycle parking rack detail shall be submitted with the final site plan. The rack shall be a model
recommended by the City of Bozeman Transportation Plan.
5. That the applicant upon submitting the Final CUP Site Plan for approval by the Planning Director
and prior to issuance of a building permit, will also submit a written narrative outlining how each
of the conditions of approval and code provisions have been satisfied by the final site plan materials.
6. Prior to issuance of a demolition/ building permit, the applicant shall perform the following
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documentation of the existing structures:
a. Exterior BW photographs (minimum size of 4”x6”) of the existing structures,
presented in both print and digital formats (on a CD-R).
b. Final update to the Historical & Architectural Inventory file for 434 North Tracy
Avenue. The architecture description and condition will be updated.The Historic
Preservation Officer will direct the applicant to the appropriate paperwork for the
update.
Engineering Related:
7. Any existing city sidewalk panels along Tracy Avenue that are damaged during construction shall be
replaced.
8. All existing service lines shall be protected during demolition and construction of the existing and
proposed structures. The applicant shall work with the Water/Sewer Superintendent to assure the
services are protected.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property is zoned R-2 (Residential Two Household Medium Density
District). The intent of the R-2 district is to provide for one and two household development at urban
densities within the City in areas that present few or no development constraints, and for community
facilities to serve such development while respecting the residential quality and nature of the area. The
following land uses and zoning are adjacent to the subject property:
North: Single-Family Residential, zoned “R-2”;
South: Single-Family Residential, zoned “R-2”;
East: Single-Family Residential, zoned “R-3” (Residential Medium Density District).
West: Single-Family Residential, zoned “R-2,”
ADOPTED GROWTH POLICY DESIGNATION
The development proposal is in conformance with the Bozeman Community Plan including the
“Residential” land use designation. This classification designates places where the primary activity is
urban density living quarters. Other uses that complement residences are also acceptable, such as parks,
low intensity home based occupations, fire stations, churches and schools. The dwelling unit density
expected within this category varies and a variety of housing types should be blended to achieve the
desired density, with large areas of single type housing discouraged.
REVIEW CRITERIA & STAFF FINDINGS
The Planning and Community Development Office has reviewed the application for a Conditional Use
Permit and Certificate of Appropriateness against the relevant chapters of Title 18, BMC and as a result
offers the following summary review comments. The findings outlined in this report include comments
and recommended conditions provided by the Development Review Committee (DRC) and
Administrative Design Review (ADR) in response to the CUP and COA review criteria.
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SECTION 18.34.100 “CITY COMMISSION CONSIDERATION AND FINDINGS FOR
CONDITIONAL USE PERMITS”
In addition to the review criteria below, 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 .21 acre or 9,180 square foot site is adequate in size and topography to accommodate the
proposed community residential facility and all related site improvements. The overall dwelling
unit density is proposed to be reduced with this application. The 2007 CUP affirmed the uses on
site and brought the site into greater conformance with the zoning standards. The proposed
residence complies with the required setbacks and lot standards on site. As proposed, the uses,
yards, parking, and landscaping properly work within the context of the existing nearby
residences and neighborhood.
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.
As described above the current uses on site have been in place for many years and were affirmed
with a Conditional Use Permit in 2007. Reach, inc. has a quiet and established presence in this
neighborhood. The proposed residence as conditioned is compatible with the neighborhood
character and it is not anticipated to have any material adverse effect upon the abutting property.
Two letters of support were submitted with the application from neighbors adjacent to the project
at 433 and 427 North Tracy Avenue.
Staff has not received any additional public comment regarding this proposal.
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 has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the recommended
conditions of approval.
SECTION 18.34.090 “SITE PLAN REVIEW CRITERIA”
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In considering applications for a conditional use permit, the City Commission, the DRC, and when
appropriate, the ADR staff shall review the application against the Site Plan Review requirements of
18.34.090 as follows:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman Community Plan
including the “Residential” land use designation which identifies that other uses within
residential areas that complement residences are also acceptable. In general, community
facilities to serve community needs and the urban densities are encouraged if they respect
the residential quality and nature of the area.
2. Conformance to this title, including the cessation of any current violations
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 prior to final site plan approval:
Planning Provisions:
a) Per Section 18.34.100.C, “City Commission Consideration and Findings for
Conditional Use Permits,” 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) Per Section 18.34.100.C, “City Commission Consideration and Findings for
Conditional Use Permits,” 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 successor and
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.
c) 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.
a. If occupancy of any structure is to occur prior to the installation of all required
on-site improvements, the Improvements Agreement must be secured by a
method of security equal to one and one-half times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security
shall be valid for a period of not less than twelve (12) months; however, the
applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
d) 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 Final Site Plan is approved.
e) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop
equipment should be incorporated into the roof form and ground mounted equipment
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shall be screened with walls, fencing or plant materials and may not encroach into
required setbacks.
f) 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.
g) Section 18.48.060 requires that all site plans must meet minimum landscape
performance standards. A landscape plan for the entire site shall be submitted with the
final site plan that clearly outlines the existing landscaping installed and any additional
landscaping to be installed following construction of the new dwelling. A minimum of
23 landscape points shall be provided for the entire site.
h) Per Section 18.02.080 & 18.64.110, the proposed project shall be completed as
approved and conditioned in the Certificate of Appropriateness application. Any
modifications to the submitted and approved application materials shall invalidate the
project's legitimacy, unless the applicant submits the proposed modifications for
review and approval by the Department of Planning prior to undertaking said
modifications. The only exception to this law is repair.
i) Per Section 18.64.100.F, the applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval, or said approval shall become null and void.
Please call the Building Department at 406-582-2375 for more information on the
building permit process.
j) Section 18.74.030.A requires that following construction, and prior to occupancy that
the applicant shall provide certification by the architect, landscape architect, engineer
or other applicable professional that all improvements, including but not limited to,
landscaping, ADA accessibility requirements, private infrastructure, or other required
elements were installed in accordance with the approved site plan, plans and
specifications, or plat as applicable.
Engineering Provisions:
k) The Final Site Plan shall be adequately dimensioned. A complete legend of all line
types used shall also be provided.
l) A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided to
and approved by the City Engineer. The plan must demonstrate adequate site drainage
(including sufficient spot elevations), storm water detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure details),
storm water discharge destination, and a storm water maintenance plan.
m) Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent.
n) Plans and Specifications for any fire service line must be prepared in accordance with
the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to
and approved by the City Engineer prior to initiation of construction of the fire service
or fire protection system. The applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings.
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o. 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.
p. 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.
3. Conformance with all other applicable laws, ordinances, and regulations
All other applicable laws, ordinances, and regulations must be followed. All conditions
for a Site Plan and Conditional Use Permit must be met prior to final site plan approval.
The plans will be further evaluated against the requirements of the International Building
Code when an application is made for a building permit.
4. Relationship of site plan elements to conditions both on and off the property
Reach, inc. has a quiet and established presence in this neighborhood. The proposed
residence as conditioned is compatible with the neighborhood character and it is not
anticipated to have any material adverse effect upon the abutting property.
The parking and circulation pattern on site will remain unchanged. Pedestrian circulation
on site will be expanded. Staff has recommended a condition that tree preservation
measures be instituted on site in order to protect the existing mature vegetation on site,
which in large part contributes to the character of the property.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The parking and circulation on site will remain unchanged. Reach, Inc. has noted in the
application that none of the current Reach residents at the North Tracy units have a
driver’s license and that only two individuals of the 82 Reach participants have a driver’s
license. Section 18.46.040 BMC Table 46-2 states that a facility may request to provide
fewer parking spaces if they provide evidence that the residents are prohibited from
operating motor vehicles. Five parking spaces are available in the rear alley for office
staff, residents, or visitors.
6. Pedestrian and vehicular ingress and egress
As noted above, vehicular access will remain unchanged.
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Pedestrian ingress and egress to the site is proposed to remain unchanged with a front
walkway that connects to the boulevard sidewalk along North Tracy Avenue. The
application proposes to increase the pedestrian connectivity on site with the addition of
an expanded plaza and walkway that connects the new residence to the existing four-unit
building and parking area along the alleyway.
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
Staff has noted a code provision that a landscape plan shall be submitted with the final
site plan that meets the required 23 performance points. The proposed landscape plan
will be evaluated for both the required points and compliance with the Conditions of
Approval with the final site plan.
Staff has recommended a condition that tree preservation measures be instituted
on site in order to protect the existing mature vegetation on site, which in large
part contributes to the character of the property.
8. Open space
None required for this project. However, small plaza areas and open yard space areas are
located onsite including appropriate setback areas. Beall Park is located ½ a block away.
9. Building location and height
The proposed residence will be constructed in the general location of the fourplex
residence to be demolished. The proposed residence meets all setback requirements.
The proposed new residence is proposed to be approximately 24’ in height. The
maximum height allowed in the “R-2” District with a similar pitched roof is 32’.
Considering the location and modest height of the proposed building and that the adjacent
properties are developed with residences with similar heights, the height of the building
appears appropriate for the setting.
10. Setbacks
All required setbacks for the R-2 zoning district will be achieved with the new
construction.
11. Lighting
No site lighting is proposed. Staff notes a code provision that requires that all proposed
building mounted lighting conform to the City’s current lighting standards. Cutsheets of
any proposed building mounted lighting are required with the final site plan.
12. Provisions for utilities, including efficient public services and facilities
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Sewer and water connections for this property were installed with the construction related
to the 2007 CUP. The applicant will work directly with the Water and Sewer Department
to plan for the demolition while allowing continuing service to the existing residence on
Tracy Avenue during construction. A proposed condition requires that site
construction/demolition management plan sheet shall be submitted with the final site plan
that outlines the limits of construction disturbance, a barrier fencing detail and plan to
separate the construction area from the existing one story residence, City utility
protection measures, construction material storage areas, and vegetation/tree protection
measures.
13. Site surface drainage
The Engineering Department notes a code provision that the applicant provide a drainage
plan with the final site plan.
14. Loading and unloading areas
Not applicable.
15. Grading
Due to the relatively low sloping existing grade, minimal grading will be required except
as required to engineer the storm water system and to prepare the building foundation
area.
16. Signage
No signage is proposed at this time.
17. Screening
All mechanical equipment shall be screened in accordance with section 18.38.050 BMC.
This shall include, but not be limited too, air conditioners and electric panels. All
mechanical equipment and screening shall be depicted on the site plan and landscaping
plan for final site plan submittal. Staff has noted said screening requirements in the code
provisions stated in this report.
18. Overlay district provisions
The site is located in the Neighborhood Conservation Overlay and the North Tracy
Avenue Historic District. Please reference the following section regarding the Certificate
of Appropriateness for analysis.
19. Other related matters, including relevant comment from affected parties
Two letters of support were submitted with the application from neighbors adjacent to the
project at 433 and 427 North Tracy Avenue. Two agency letters of support for the
project were submitted with the application from HI Case Management Services and the
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Montana Department of Commerce Home Program. No additional letters from the public
have been received.
Any comments received after the date of this staff report will be distributed to the
Commission at the public hearing.
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 18.28.050 “STANDARDS FOR CERTIFICATES OF APPROPRIATENESS”
In considering applications for a Certificate of Appropriateness, staff shall review the application
against the criteria of 18.28.050 and as a result offer the following summary review comments:
A. All work performed in completion of an approved Certificate of Appropriateness shall be
in conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring
and Reconstructing Historic Buildings (Published 1995), published by U.S. Department of
the Interior, National Park Service, Cultural Resource Stewardship and Partnerships,
Heritage Preservation Services, Washington, D.C. (available for review at the Department
of Planning).
The proposed demolition does not conform to the Secretary of Interior’s Standards for
Rehabilitation, which encourages the preservation and rehabilitation of the existing buildings on
the property. The dwelling proposed to be demolished is a non contributing element within the
Historic District.
B. Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures or
properties, and with neighboring structures and properties, shall focus upon the following:
The Bozeman Design Guidelines for Historic Preservation & the Neighborhood Conservation
Overlay District was referenced by ADR Staff when writing the architectural appearance
comments. Please reference Staff comments below under Part D.
1. Height;
2. Proportions of doors and windows;
3. Relationship of building masses and spaces;
4. Roof shape;
5. Scale;
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6. Directional expression;
7. Architectural details;
8. Concealment of non-period appurtenances, such as mechanical equipment;
9. Materials and color scheme.
C. Contemporary, nonperiod and innovative design of new structures and additions to
existing structures shall be encouraged when such new construction or additions do not
destroy significant historical, cultural or architectural structures, or their components, and
when such design is compatible with the foregoing elements of the structure and the
surrounding structures.
Title 18 encourages new construction and contemporary architecture provided primary emphasis
is given to the preservation of existing buildings, and further provided the design of such new
space enhances and contributes to the aesthetic character and function of the property and the
surrounding neighborhood. Staff notes that preservation is not the primary emphasis of this
project because of the proposed demolition. Staff does find that the design of the proposed
residence does contribute to the aesthetic character and function of the property and surrounding
neighborhood.
D. When applying the standards of subsections A-C, the review authority shall be guided by
the Design Guidelines for the Neighborhood Conservation Overlay District which are
hereby incorporated by this reference. When reviewing a contemporary, non-period, or
innovative design of new structures, or addition to existing structure, the review authority
shall 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.
The Introduction, Chapters 2 and 3, 5 and the Appendix of the Bozeman Design Guidelines for
Historic Preservation & the Neighborhood Conservation Overlay District all apply to this
project, as the property is deemed as “Non-contributing” on the district nomination for the North
Tracy Avenue Historic District and is considered new infill within a Historic District. Said
sections were all considered during ADR Staff’s architectural review and presented below for the
Commission’s consideration and reference. Staff comments are included in italics.
Chapter 2: Design Guidelines for All Properties
A. Topography
Policy: Site work should be planned to protect the assets of the existing topography.
Guidelines:
2. Design a building foundation to conform to the existing topography, rather than
creating extensive cut and fill.
3. Minimize the visual impacts of cut and fill on a site.
§ The site is generally flat. There will be significant disturbance of the site with the
demolition of the existing residence and excavation for the foundation for the new
residence in the new location. There will be minimal cut and fill outside of the
anticipated excavation for the new foundation.
B. Street Patterns
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Policy: Historic settlement patterns seen in street and alley plans often contribute to the
distinct character of the historic district and therefore should be preserved.
Guidelines:
1. Respect historic settlement patterns.
§ Staff supports the site layout, which includes placing the new residence in the same
location of the dwelling to be demolished.
C. Alleys
Guidelines:
2. The traditional scale and width of alleys should be continued.
§ The presentation onto the alley will be enhanced with the new building design.
§ The proposed construction will not encroach into the alleyway and the historic
pattern of parking will remain.
D. Streetscape
Policy: Maintain the traditional character of the streetscape.
Guidelines:
2. Maintain the variety of sidewalk designs.
3. Continue the use of planting strips.
4. Continue the pattern of street trees in a block. Because street trees serve various
aesthetic and practical functions, they should be maintained.
§ The traditional sidewalk connection from the primary entrance to the boulevard
sidewalk will remain.
§ The street trees and planting strips in the boulevard adjacent to the property are to
remain.
§ A condition that requires tree preservation measures is recommended by staff.
F. Building Form
Policy: A similarity of building forms also contributes to a sense of visual continuity. In
order to maintain this sense of visual continuity, a new building should have basic roof
and building forms that are similar to shoes seen traditionally.
Guidelines:
1. Use building forms that are similar to those seen traditionally on the block. Simple
rectangular solids are typically appropriate.
2. Exotic building and roof forms that would detract from the visual continuity of the
street are discouraged.
§ The proposed building form of the dwelling is a combination of rectangular solids
and simple gable and shed roofs.
G. Solid-to-Void Ratio
Policy: The amount of façade that is devoted to wall surface, as compared to that
developed as openings, should be similar to that of historic buildings within the
neighborhood.
Guidelines:
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1. Use a ratio of solid-to-void (wall-to-window) that is similar to that found on historic
structures in the district.
§ ADR Staff notes that the proposed windows are divided into small panes of glass to
give the appearance of smaller panes similar to those seen traditionally.
H. Materials
Policy: Building materials of new structures and additions to existing structures should
contribute to the visual continuity of the neighborhood.
Guidelines:
1. Use building materials that appear similar to those used traditionally in the area.
3. New materials that are similar in character to traditional materials may be acceptable
with appropriate detailing.
§ The proposed horizontal lap siding is appropriate for the historic district.
§ The proposed materials appear similar in character to the traditional materials
utilized on houses in the area.
L. Site Lighting
Guidelines:
1. Lighting should be shielded to prevent any off-site glare.
§ Staff notes a code provision that all lighting proposed shall be in conformance with
the code including the requirement for shielding. Cutsheets of all proposed fixtures
shall be submitted with the final site plan.
Chapter 3: Guidelines for Residential Character Areas
A. Hierarchy of Public and Private Space
Policy: The hierarchy of public and private space is a progression that begins at the street,
which is the most public space, proceeds through the front yard, which appears “semi-
private,” and ends at the front door, which is the “private” space. This sequence
enhances the pedestrian environment and contributes toe the character of the
neighborhood.
Guidelines:
1. Provide a front yard similar in character to its neighbors when possible.
2. Provide a walkway from the street to the building.
§ The new construction is along the alley way the current building along Tracy Avenue
provides a front yard similar to its neighbors.
§ A front sidewalk is proposed from the boulevard sidewalk to the primary entrance of
the dwelling along the alleyway.
B. Building Mass and Scale
Policy: The mass and scale of a building is also an important design issue in a residential
character area. The traditional scale of single household houses dominates the
neighborhood, and this similarity of scale also enhances the pedestrian-friendly character
of many streets. In many cases, earlier buildings were smaller than current tastes support;
nonetheless, a new building should, to the greatest extent possible, maintain this
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established scale.
Guidelines:
1. Construct a new building to be similar in mass and scale to those single household
residences seen traditionally.
2. On larger structures, step down a building’s height toward the street, neighboring
structures and the rear of the lot.
3. On larger structures, subdivide larger masses into smaller “modules” that are similar
in size to single household residences seen traditionally.
4. The front wall of a new structure should not exceed two stories in height.
§ The proposed building is similar in mass and scale to those single household
residences seen traditionally.
§ The proposed building steps down towards the side property lines.
C. Roof Form
Policy: In most neighborhoods, a similarity of roof form also contributes to a sense of
visual continuity. In order to maintain this sense of visual continuity, a new building
should have basic roof form that is similar to those seen traditionally.
Guideline:
1. Use roof forms that are similar to those seen traditionally on the block.
§ The dwelling proposed combines two roof forms, the simple gable and shed. Both
roof forms are utilized on homes in the immediate area.
D. Secondary Structures
Policy: Secondary structures are traditionally subordinate in scale and character to the
primary structure, typically located to the rear of the lot and they are primarily used for
parking garages and storage. While structures in the rear generally have little impact on
the character of the street, they do have an impact on the character of the alley and the
neighbors to the rear. This character should be maintained.
Guidelines:
1. A new secondary structure should be subordinate in height to those buildings seen
traditionally along the street front.
2. Locate secondary structures to the rear of the lot.
§ The proposed dwelling is to be constructed along the rear of the lot along the
alleyway.
§ Although the new secondary structure is taller(24’) that the building along the street
(17’) the proposal is less intensive in height than the existing fourplex to be
demolished.
E. Conformance with other applicable development standards of this title.
The required criteria for the City Commission granting demolition is examined in the following
section.
SECTION 18.28.080.B “THE DEMOLITION OR MOVEMENT OF CONSERVATION
DISTRICT PRINCIPAL AND ACCESSORY STRUCTURES OR SITES, WHICH ARE
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DESIGNATED AS INTRUSIVE NONCONTRIBUTING OR NEUTRAL ELEMENTS BY THE
MONTANA HISTORICAL AND ARCHITECTURAL INVENTORY…THE FINAL
APPROVAL AUTHORITY FOR THE DEMOLITION OR MOVEMENT OF STRUCTURES
OR SITES DESCRIBED WITHIN THIS SECTION SHALL REST WITH THE CITY
COMMISSION …
The existing fourplex at 434 North Tracy Avenue is not listed on the Montana Historical & Architectural
Inventory for the City of Bozeman. Historic Preservation staff have classified the fourplex as a “Non-
contributing” element within the historic district.
As stated in Section 18.28.080 of the UDO, “Demolition or Movement of Structures or Sites within
the Conservation District,” the final approval authority for the demolition of structures within a
historic district shall rest with the City Commission. Therefore, the Commission will take action
on the proposed structure’s proposed demolition.
Planning Staff is supportive of this project to provide higher quality facilities for a community
organization. Planning Staff supports the applicant’s request for demolition for new construction.
Attachments: Applicant’s Submittal Materials
Report Sent To: Reach, Inc., 322 Gallatin Park Drive, Bozeman, MT 59715
Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715
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Reach, Inc
CUP/COA
Application
434 North Tracy Avenue
Bozeman, Montana
Modification to Conditional Use Permit
& Certificate of Appropriateness
Application
January 2010
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434 North Tracy Avenue
CUP / COA
January 2010
Address 434 North Tracy
Zoning R-2 (Residential Two Household, Medium Density District)
Existing Uses [Similar to Community Residential Facility]
1 fully accessible living unit (for two Reach residents) with a
total of 1,224 square feet on one level including two
bedrooms, one kitchen, one bathroom, one living room, a
small office for Reach, Inc. Note that this residence was
recently constructed under CUP/COA #Z-07282.
4 non accessible living units (for up to eight Reach
residents) with a total of 2,448 square feet on two levels
including four 2-BR apartments.
Proposed Uses [Similar to Community Residential Facility]
No changes are proposed to the existing residence located
off of North Tracy Avenue.
Replacement of the fourplex (for six Reach residents) with a
total of 2,727 square feet including two 2-BR units and two 1-
BR units. Three of the units are proposed on the ground level
to maximize the amount of accessibility and to limit the
second story mass to better fit within the neighborhood.
1,250
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Narrative Reach, Inc. was established in 1974 and provides vocational
and residential community support for people with
developmental disabilities and survivors of traumatic brain
injuries. This support system includes employment,
transportation, and residential assistance.
The transitional living program at 434 North Tracy started in 1982
when Reach, Inc. began leasing the home and apartment
building from the City of Bozeman. The property was deeded to
Reach, Inc. in 2001. The program offers daytime and evening
on-site staffing to individuals who live in the five individual units
on the property. Reach staff provide support that includes
health, safety, independent living, banking, budgeting, bill
paying, housekeeping, and community integration skills.
Individuals receiving this service must be independent in their
evening and morning routines. Staff members are usually in the
office during the hours of noon to 10pm.
In 2007, the City Commission approved a Conditional Use Permit
to allow the use of this property to continue to operate “like or
similar to a community residential facility.” Phase 1 of
improving the property included demolition of the existing
dilapidated residence and construction of a new detached
dwelling unit. Phase 1 also included new water and sewer
services for the fourplex as well as fire sprinkler lines.
Construction of Phase 1 is complete and has been well-
received by the neighborhood.
This project was reviewed as a Conditional Use Permit because
the Planning Director determined that the overall use of the
Reach, Inc. property was like or similar to a Community
Residential Facility or Group Home which is a permitted
conditional use in the R-2 zoning district. The UDO defines
Community Residential facility as:
“A single residential structure having common kitchen facilities
including: 1. Those occupied by persons having
developmental disabilities and living together for the purpose
of residential training, observation and/or common support, in
which care is provided on a 24 hour per day basis; 2. A
community group home for developmentally, mentally or
severely disabled persons which does not provide skilled or
intermediate nursing care; 3. A youth foster home or other
facility for care of minors as defined in §52-2-601 et seq., MCA;
4. A halfway house operated in accordance with regulations
of the State Department of Public Health and Human Services
for the rehabilitation of alcoholics or drug dependent persons;
5. A licensed adult foster care home; or 6. Any facility defined
in §76-2-411, MCA.
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Where a limitation of eight or fewer residents is imposed for the
purpose of defining the necessary review process to establish
this use, the operator of a residential facility, members of the
operator’s household or persons employed as staff shall not be
counted as residents, except that the total number of all
persons living at the facility shall not exceed ten.”
While the Reach facility at 434 North Tracy does not exactly fit
this definition, the uses are certainly comparable. The main
differences are that the four units located in the rear portion of
the property do have individual kitchens and Reach staff do not
provide 24-hour care and do not live on the property.
This application is for Phase 2 and includes demolition of the
existing fourplex, which is listed as “intrusive” in the Historic
Inventory and has a variety of problems including substandard
building conditions, code issues and general inaccessibility. The
Planning Office has determined that replacement of this
structure is an expansion to the approved Conditional Use
Permit because of a proposed increase in building footprint to
allow the majority of the units to be located on the ground floor.
This configuration is beneficial to Reach, Inc. because there
would be better accessibility for their residents and
beneficial to the district because by limiting the second story
massing, the design will better fit into the scale and
character of the neighborhood. Note that the overall
number of bedrooms in the fourplex is decreasing from eight to
six and the overall square footage is comparable to the existing
building.
Parking In terms of parking, five spaces are available off of the rear
alley for either office staff or visitors. There is not a specific UDO
category that fits the exact use of this Reach facility. There is a
parking standard for a community residential facility (0.75
spaces per person of approved capacity which would equate
to 6 spaces); however, note that none of the current Reach
residents at the North Tracy units have a driver’s license. In fact,
of the current 82 Reach, Inc. participants in Bozeman, only two
have driver’s licenses. Also, any Reach participants that are
able to drive would have more independent living situations
and are unlikely to utilize the North Tracy site.
The Unified Development Ordinance states: “A facility may
request to provide fewer parking spaces if they provide
evidence that the residents are prohibited from operating
motor vehicles… If the use of the facility is altered to serve a
different population who may operate motor vehicles, then the
additional required parking shall be provided before the
change in use may occur” (Page 46-6). Please see the
attached letter from Reach, Inc for additional evidence.
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Design Guidelines Overall, the design of the proposed structure is intended to
For Historic compliment the existing North Tracy neighborhood fabric while
Preservation also providing quality, accessible, and functional living spaces
for the residents. The proposed design meets the criteria from
the Bozeman Design Guidelines for Historic Preservation, the
North Tracy Historic District & the Neighborhood Conservation
Overlay District including:
2.E.1 Preserve and maintain mature trees and significant
vegetation within all corridors
The large existing trees in the front yard area and boulevard
and the existing side yard hedges have been trimmed for
continued healthy growth.
2.G.1 Use a ratio of solid-to-void (wall-to-window) that is similar
to that found on historic structure in the district.
See elevations and neighborhood photos. The solid-to-void
ratios are similar.
2.H.1 Use building materials that appear similar to those used
traditionally in the area.
See elevations. The proposed materials include horizontal and
vertical painted fiber cement lap siding, painted composite
trim, and asphalt roofing shingles. The exterior materials of the
proposed structure are intended to complement those of the
existing house on the property.
2.H.3 New materials that are similar in character to traditional
materials may be acceptable with appropriate detailing.
See elevations. Again, fairly traditional materials are proposed.
2.H.4 Use building materials that contribute to the traditional
sense of scale of the block.
See elevations. The proposed building materials contribute to
the overall neighborhood scale.
2.I.2 Contemporary interpretations of traditional details are
encouraged.
The entire design is a contemporary interpretation of traditional
forms and details. The primary roof form is a front-facing gable
with attached lower shed roof forms and an integrated hip roof
porch.
3.A.2 Provide a walkway from the street to the building.
A sidewalk connection exists which connects the sidewalk
along North Tracy Avenue to the alley. The proposed sidewalk
in the area of work will upgrade the sidewalk in the rear of the
property to meet accessibility requirements.
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3.A.3 Orient the front porch to the street
The front porches of both the existing residence and the
proposed fourplex are both oriented toward North Tracy
Avenue.
3.A.4 Clearly define the primary entrance by using a front
porch.
The primary entrances are clearly defined by the front porches
and the sidewalk connections.
3.B.1 Construct a new building to be similar in mass and scale to
those single household residences seen traditionally.
A fourplex certainly requires more square footage than a
typical single family home found in this neighborhood. The goal
of the proposed design is to make it fit into the neighborhood as
much as possible. By allowing three units on the ground floor,
the second story mass is minimized and the structure appears
more appropriate to the scale of the neighborhood.
3.B.4 The front wall of a new structure should not exceed two
stories in height.
The front wall does not exceed two stories in height.
3.B.5 A façade should appear similar in dimension to those seen
traditionally in the neighborhood.
The façade of the proposed fourplex is broken into several
masses and colors to better blend into the neighborhood. Also
the front residence is the dominant feature from the streetscape
and serves to partially screen the fourplex.
3.C.1 Use roof forms that are similar to those seen traditionally
on the block. (gable, dormers, etc.)
The main roof forms are comprised of a front gable with shed
dormers and a wrap around hip roof porch. The new structure
design matches roof slopes of the recently constructed front
residence.
5.C.1 Reflect the district character when building within and
around the district.
Consider the use of wood frame & siding materials.
Consider developing a design palette new construction that
draws from design elements and material found in the area.
Use simple rectangular building forms with sloping roofs.
The proposed structure is wood frame construction with 4-inch
exposure horizontal and vertical painted fiber cement lap
siding. The material palette utilizes materials that currently exist
on the front house and in the neighborhood. The building form is
generally rectangular and incorporates gable roofs.
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North Tracy Avenue Historic District Character:
Residential Neighborhood setting
Simple one-story wood frame residential buildings
Porches address the street
Secondary structures and garages to the rear of the lot
Automobile access is provided by two track driveways
As previously stated, the proposed new fourplex respects the
existing neighborhood fabric in terms of setbacks, height, roof
forms, materials, and porches.
Response to Site Plan Checklist
Items Checked
No or N/A A.1 This application is for the replacement of the fourplex. A
total of 5 dwelling units would be located on the property.
A.2 This application is for residential uses only.
A.3 The site includes a total of two residential buildings.
A.4 No exterior storage of materials is proposed.
A.5 Parking for more than 60 vehicles is not required.
B.13 The streets, roads and alleys are already constructed and
fall within Beall’s Second Addition.
B.14 No changes in use are proposed.
B.16 No temporary facilities are proposed.
B.17 A noxious weed control plan is not required for an existing
in-town residential lot. Weeds have been, and will continue to
be, controlled on the property.
B.18 Section 18.72, Supplementary Documents, is not applicable
to this project.
C.1 The site is relatively flat.
C.6 No changes will occur to off-site traffic flow.
C.8 No surface water, watercourses, or floodplains exist on the
subject property.
C.10 No drainage ways, streets, arroyos, gullies, ditches, etc. are
affected or proposed.
C.11 There are no significant outcroppings, slopes greater than
15 percent or other significant topographic features on the
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subject property. Again, this is an existing in-town relatively flat
residential lot.
C.14 No fences or walls are proposed with this application.
C.15 No exterior signs exist or are proposed with this application.
C.16 No exterior refuse collection areas are proposed. Individual
bins accessed from the alley will be used for refuse collection.
C.18 No new curbs or asphalt approaches are proposed with
this application.
C.21 No snow storage areas are proposed. Sidewalks and
driveways will be shoveled by residents or Reach employees
and adequate yard space exists for snow storage.
C.22 The City limits are not in close proximity to the subject
property.
C.24 No historic, cultural and archeological resources are
known at this time. If any are discovered during construction,
the owners will notify the Historic Preservation Office.
C.26 No density change is proposed therefore no additional
parkland dedications are required. There are five existing and
proposed dwelling units on the subject property that function
similar to a community residential facility. The proposed fourplex
would actually have two less bedrooms than the existing
building.
C.27 Section 17.02 is not applicable to this project.
COA Checklist 2
A.7 No deviations are requested.
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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:
Reach, Inc. CUP / COA
Reach, Inc. (Rob Tallon, Executive Director)rob@reachinc.org
322 Gallatin Park Drive, Bozeman MT 59715
587-1271 587-4112
[same as above]
Intrinsik Architecture, Inc.sriggs@intrinsikarchitecture.com
111 North Tracy Avenue, Bozeman MT 59715
582-8988 582-8911
Lots 21 & 22, Block E, Beall's Second Addition
434 North Tracy Avenue
Modification to CUP/COA Application to allow replacement of existing fourplex at 434 North
Tracy Ave (note: CUP was approved in 2007 under file #Z-07282).
R-2 similar to Community Residential Facility
Residential
0.21 9,180 0.21 9,180
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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:
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(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
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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
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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.
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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
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Page 3
(Certificate of Appropriateness Checklist 2 – Prepared 11/25/03; revised on 9/8/04)
CERTIFICATE OF APPROPRIATNESS CHECKLIST 2
If a project is located in the Neighborhood Conservation Overlay District or the Entryway Corridor Overlay District, and
DOES NOT qualify for review as a Sketch Plan; Reuse, Change of Use or Further Development of a Site Developed Before
9-3-91; or Amendment/Modification of a Plan Approved On or After 9-3-91, this checklist shall be used. See Section
18.34.050 (Sketch Plan Review), Section 18.34.150 (Amendments to Sketch and Site Plans) or Section 18.34.170 (Reuse,
Change in Use or Further Development of Sites Developed Prior to the Adoption of the Ordinance Codified in This Title),
BMC.
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. Neighborhood Conservation Overlay District. If a proposed development is located in the Neighborhood
Conservation Overlay District, information shall be provided to the appropriate review authority to review prior to
granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project shall
be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review
authority to make its determination. At a minimum, the following items shall be included in the submission:
Neighborhood Conservation Overlay District Information Yes No N/A
1.One current picture of each elevation of each structure planned to be altered and such
additional pictures of the specific elements of the structure or property to be altered that will
clearly express the nature and extent of change planned. Except when otherwise
recommended, no more than eight pictures should be submitted and all pictures shall be
mounted on letter-size sheets and clearly annotated with the property address, elevation
direction (N, S, E, W) and relevant information
2.Historical information, including available data such as pictures, plans, authenticated verbal
records and similar research documentation that may be relevant to the planned alteration
3. Materials and color schemes to be used
4.Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s
proposed alterations
5. A schedule of planned actions that will lead to the completed alterations
6. Such other information as may be suggested by the Planning Department
7.Description of any applicant-requested deviation(s) and a narrative explanation as to how the
requested deviation(s) will encourage restoration and rehabilitation activity that will contribute
to the overall historic character of the community
B. Entryway Corridor Overlay District. If a proposed development is located in the Entryway Corridor Overlay District,
information shall be provided to the appropriate review authority to review prior to granting or denying a certificate
of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the
planned alteration and the information reasonably necessary for the appropriate review authority to make its
determination. At a minimum, the following items shall be included in the submission:
Entryway Corridor Overlay District Information Yes No N/A
1.Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s
proposed alterations
2. Such other information as may be suggested by the Planning Department
3.If the proposal includes an application for a deviation as outlined in Section 18.66.050
(Deviations), BMC, the application for deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will produce, so as
to enable the City Commission to make the determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards, and will be consistent with the intent and purpose of Chapter 18.30 (Entryway
Corridor Overlay District), BMC.
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NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
142
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
143
ROBERT & BARBARA BOIK
505 N TRACY AVE
BOZEMAN, MT 59715-3530
SALLY A. HANNON TRUST
506 N TRACY AVE
BOZEMAN, MT 59715-3531
PAUL L. KATZ
MAIL TO MANAGEMENT ASSOC.
682 FERGUSON, SUITE 6
BOZEMAN, MT 59718
KAREN ROBINSON & CHRIS
ROBINSON & JAMIE GREIN
501 N TRACY AVE
BOZEMAN, MT 59715-3530
DAVID MORRIS & COLETTE T JADIS
502 N TRACY AVE
BOZEMAN, MT 59715-3531
JEREMY C. MISTRETTA
439 N BLACK AVE
BOZEMAN, MT 59715-3611
MARY KAY MINOR
439 N TRACY AVE
BOZEMAN, MT 59715-3528
TERRANCE & MOLLY HOLLINGSWORTH
440 N TRACY AVE
BOZEMAN, MT 59715-3529
ROBERT & LISA PERTZBORN
433 NORTH BLACK AVE
BOZEMAN, MT 59715-3531
JOHN & JANE JELINSKI
433 N TRACY AVE
BOZEMAN, MT 59715-3528
REACH, INC.
322 GALLATIN PARK DRIVE
BOZEMAN MT 59715
JEFFREY IERONIMO & DEBORAH TITUS
429 N BLACK AVE
BOZEMAN, MT 59715-3611
LAWRENCE DOWDIN & MARY BATESON
427 N TRACY AVE
BOZEMAN, MT 59715-3528
ALLEN BRANDT
430 N TRACY AVE
BOZEMAN, MT 59715-3529
GREG ALAN SMITH
423 N BLACK AVE
BOZEMAN, MT 59715-3611
LAURA Y. SMITH
423 N TRACY AVE
BOZEMAN, MT 59715-3528
KATHRYN NOBLE
PO BOX 922
SUMMERLAND, CA 93067-0922
LOWER VALLEY RANCH
419 NORTH BLACK AVE
BOZEMAN MT 59715
LEO KELLER
7599 COTTONWOOD RD
BOZEMAN, MT 59718-9572
ISHMAEL MESSER & KARLA BARRELL
422 N TRACY AVE
BOZEMAN, MT 59715-3529
NEECO, INC.
PO BOX 3281
BOZEMAN, MT 59772-3281
KATHRYN MAXFIELD
PO BOX 922
SUMMERLAND, CA 93067
TIMOTHY & CHRISTINE VISSCHER
416 N TRACY AVE
BOZEMAN, MT 59715-3529
INTRINSIK ARCHITECTURE
ATTN: SUSAN RIGGS
111 NORTH TRACY AVE
BOZEMAN MT 59715
TODD, MELISSA & CLIVE NIXON
512 NORTH TRACY AVE
BOZEMAN MT 59715
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149
Subject Property
Zoning Map
434 North Tracy Avenue Site Plan / COA
N
150
Aerial View
434 North Tracy Avenue Site Plan / COA
N
Subject Property
151
Existing Fourplex Photos
434 North Tracy Avenue Site Plan / COA
North Elevation
South Elevation West Elevation (facing North Tracy Ave)
East Rear Elevation Height of Existing Building 24’ 152
Existing Residence Photos
434 North Tracy Avenue Site Plan / COA
North and West Elevations (facing North Tracy Ave)
South and West Elevations (facing North Tracy Ave)
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