HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2012-10-01 18-00.pdfTable of Contents
Agenda 2
August 27, 2012
08-27-12 RM (su)4
Authorize Payment of Accounts Payable Claims
Claims Memo 15
Finally Adopt Ordinance No. 1842, authorizing City Manager to
enter into a 2-year space lease with MSU-Extended University
for the lease of an office and classroom in the Alfred M. Stiff
Professional Building at 20 East Olive
Commission Memo 16
Ordinance 1842 18
Lease Agreement 21
Preliminary Site Plan and Certificate of Appropriateness with
Deviations for the Persons Creek House Renovation at 310
East Koch Street, Application Z-12216 (Quasi-Judicial)
Persons SP/COA/DEV Commission Memo 29
Persons SP/COA/DEV Staff Report 31
Persons SP/COA/DEV Public Comment 45
Persons SP/COA/DEV Application Materials 46
Certificate of Appropriateness with Deviations from Groueff to
allow construction of a Garage/Studio in the rear yard of 615
North Black Avenue, Applicaton Z-12214 (Quasi-Judicial)
Memo to City Commission 63
Staff Report 65
Applicant's Materials 72
Annexation of 10 acres located at the SE corner of the
intersection of Huffine Lane and S. Cottonwood Road,
Application A-12006
Cover memo 79
Annexation Staff report 80
Application 88
Initial Zoning in conjunction with Annexation of 10 acres located
at the SE corner of the intersection of Huffine Lane and S.
Cottonwood Road to be designated B-2 (Community Business
District), Application Z-12200
cover memo 111
Staff report 112
ZC resolution 118
ZC minutes 120
Application 123
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Monday, October 1, 2012 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
D. Authorize Absence of Commissioner Andrus
Consider the motion: I move to approve the absence of Commissioner Andrus. E. Minutes – August 27, 2012
Consider the motion: I move to approve the minutes of August 27, 2012 as submitted.
F. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Finally Adopt Ordinance No. 1842, authorizing City Manager to enter into
a 2-year space lease with MSU-Extended University for the lease of an office and classroom in the Alfred M. Stiff Professional Building at 20 East Olive (Goehrung)
Consider the motion: I move to approve Consent items F. 1 and 2 as submitted.
G. Public Comment - Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling
within the purview of the Bozeman City Commission. There will also be an
opportunity in conjunction with each agenda item for comments pertaining to that
item. Please limit your comments to three minutes. H. Action Items
1. Preliminary Site Plan and Certificate of Appropriateness with Deviations
for the Persons Creek House Renovation at 310 East Koch Street, Application Z-12216 (Quasi-Judicial) (Brekke)
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Bozeman City Commission Agenda, October 1, 2012
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Consider the motion: Having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff
report for application Z-12216 and move to approve the Persons Creek House Renovation Preliminary Site Plan and Certificate of Appropriateness with Deviations application with the recommended conditions and subject to all applicable code provisions.
2. Certificate of Appropriateness with Deviations from Groueff to allow
construction of a Garage/Studio in the rear yard of 615 North Black Avenue, Application Z-12214 (Quasi-Judicial) (Thorpe)
Consider the motion: Having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12214 and move to approve the Groueff Certificate of Appropriateness with Deviations with the recommended conditions and subject to all applicable code provisions.
3. Annexation of 10 acres located at the SE corner of the intersection of
Huffine Lane and S. Cottonwood Road, Application A-12006 (Saunders) Consider the motion: Having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff
report for application A-12006 and move to approve the annexation with conditions and subject to all applicable code provisions and direct the preparation of the required annexation agreement.
4. Initial Zoning in conjunction with Annexation of 10 acres located at the
SE corner of the intersection of Huffine Lane and S. Cottonwood Road to
be designated B-2 (Community Business District), Application Z-12200 (Saunders)
Consider the motion: Having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z-12200 and move to approve the initial zoning with contingencies as outlined in the staff report and direct the preparation of the required implementing ordinance after return of an annexation agreement.
I. FYI/Discussion
J. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, James Goehrung, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 20 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 20 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m.
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MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA
August 27, 2012
**********************
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
August 27, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner
Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City
Manager Chuck Winn, City Finance Director Anna Rosenberry, City Attorney Greg Sullivan,
and City Clerk Stacy Ulmen.
*These minutes are not word for word and should be considered along with the audio recording.
0:00:01 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order.
0:00:04 B. Pledge of Allegiance and a Moment of Silence
0:00:43 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated that there has been some discussion to move Item G. 6 on Consent to Action
Item No. 1. Also Action Item I. 2 is a request to open and continue.
0:01:36 D. Public Service Announcements
0:01:42 1. Dedication and Ribbon Cutting Ceremony of Water Reclamation Facility,
August 28th at 3 p.m., 2245 Springhill Road (Arkell)
Ms. Arkell gave the public service announcement for the Dedication and Ribbon Cutting
Ceremony of Water Reclamation Facility, August 28th at 3 p.m., 2245 Springhill Road.
0:02:45 2. 2012 Beautification Awards Call for Nominations (Brekke)
Planning Associate Allyson Brekke gave the public service announcement for the 2012
Beautification Awards Call for Nominations.
0:03:40 3. City Offices Closed on Monday, September 3rd (Ulmen)
City Clerk Stacy Ulmen gave the public service announcement for the City Offices closure on
Monday, September 3rd.
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Minutes of the Bozeman City Commission, August 27, 2012
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0:05:55 4. Home Energy Solutions Workshop Series (Meyer)
Climate Coordinator Natalie Meyer gave the public service announcement for the Home Energy
Solutions Workshop Series
0:07:53 E. Authorize Absence of Commissioner Andrus
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to authorize the absence of
Cr. Andrus.
Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:08:13 F. Minutes – July 16, 2012 and July 23, 2012
0:08:16 Motion and Vote to approve the minutes from July 16 and July 23, 2012 as
submitted.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve the minutes
from July 16 and July 23, 2012 as submitted.
Those voting Aye being Deputy Mayor Krauss, Crs. Taylor and Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:08:35 G. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign Amendment No 1 to Professional Services Agreement for
North 7th Lighting Design and Construction (Johnson)
3. Authorize City Manager to sign Release and Re-conveyance of Public Drainage
Easement, Lot 11a, Graf's 2nd Subdivision, 711 O'Connell Drive (Kerr)
4. Acknowledge Receipt of Climate Action Report (Meyer)
5. Approve Resolution No. 4397, Affirming Policy on Fair Housing Practices (Cooper)
6. Approve a letter of support naming the City of Bozeman as an “Antam Community City”
embracing Indonesia’s Antam Mining Company’s efforts of developing potential young
managers to be future leaders and lecturers by sending them to Montana State
University (Ulmen on behalf of Mayor Becker and Deputy Mayor Krauss)
7. Finally Adopt Ordinance 1837, rezoning Lot 4, Minor Subdivision 295 from Business Park
to Community Business on 20 acres Northwest of the intersection of West Main Street
and Resort Drive, Zone Map Amendment Z-11002 (Saunders)
0:08:50 Consent Item No. 6 placed on Action Agenda.
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Minutes of the Bozeman City Commission, August 27, 2012
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0:08:58 Public Comment
Mayor Becker opened public comment on the Consent Agenda.
No person commented.
Mayor Becker closed public comment.
0:09:18 Motion and Vote to approve Consent items G. 1-5 & 7 as submitted.
It was moved by Cr. Taylor seconded by Cr. Mehl to approve Consent items G. 1-5 & 7 as
submitted.
Those voting Aye being Crs. Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:09:41 H. Public Comment
Mayor Becker opened general public comment.
0:10:47 Michael Delaney, Public Comment
Mr. Delaney of 19 East Main Street spoke regarding interpretation of a 60foot width on private
streets. He would like the interpretation of this.
0:12:34 Public comment closed
Mayor Becker closed public comment.
0:12:37 I. Action Items
0:12:41 Consent Item G. 6. Approve a letter of support naming the City of Bozeman as an
"Antam Community City" embracing Indonesia's Antam Mining Company's efforts of
developing potential young managers to be future leaders and lecturers by sending them to
Montana State University (Ulmen on behalf of Mayor Becker and Deputy Mayor Krauss)
0:12:51 Commission discussion
The Commission discussed the letter and Cr. Taylor spoke of his concerns of the potential
precedent of calling Bozeman an Antam City. He wants to incorporate more of a corporate name.
0:13:49 Motion to revise the first paragraph of the letter to read: "The City of Bozeman
would like to demonstrate its support to Antam Mining Company by embracing its efforts to
develop potential young managers to be future leaders along with lecturers from Universities
to improve teaching skills".
It was moved by Cr. Taylor, seconded by Cr. Mehl to revise the first paragraph of the
letter to read: "The City of Bozeman would like to demonstrate its support to Antam Mining
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Minutes of the Bozeman City Commission, August 27, 2012
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Company by embracing its efforts to develop potential young managers to be future leaders
along with lecturers from Universities to improve teaching skills”.
0:14:13 Commission discussion on the Motion
The Commission discussed diplomacy, creation of a program to benefit the City and Montana
State University, and the meaning of the change in the letter implying that the change is to lean
towards other similar requests.
0:21:58 Vote on the Motion to revise the first paragraph of the letter to read: "The City of
Bozeman would like to demonstrate its support to Antam Mining Company by embracing its
efforts to develop potential young managers to be future leaders along with lecturers from
Universities to improve teaching skills".
Those voting Aye being Crs. Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:22:11 1. Resolution No. 4393, Setting Mill Levies for Fiscal Year 2012-2013 (FY13)
(Rosenberry)
0:22:34 Anna Rosenberry, Administrative Services Director
Ms. Rosenberry gave the staff presentation regarding Resolution No. 4393, Setting Mill Levies
for Fiscal Year 2012-2013 (FY13). Ms. Rosenberry spoke regarding the certification value
received from the Department of Revenue.
0:29:30 Commission questions for Staff
The Commission and Staff spoke regarding tax increment districts, property taxes, Mandeville
Farm status, 2009 economic struggles, appeals and future expectations of predictability.
0:44:17 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:44:37 Motion to approve Resolution No. 4393, Setting Mill Levies for Fiscal Year 2012-
2013.
It was moved by Cr. Mehl seconded by Deputy Mayor Krauss to approve Resolution No.
4393, Setting Mill Levies for Fiscal Year 2012-2013.
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0:44:48 Commission discussion on the Motion
The Commission discussed Tax Increment Districts, timing of appraisals, development of the
budget itself and taxable valuations.
0:47:41 Mr. Kukulski
Mr. Kukulski thanked Ms. Rosenberry for her work on the budget. He spoke regarding positive
work and collaboration with the Department of Revenue.
0:48:58 Vote on the Motion to approve Resolution No. 4393, Setting Mill Levies for Fiscal
Year 2012-2013.
Those voting Aye being Crs. Mehl, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:49:12 Point of Order. Public comment on Consent Item 6. Approve a letter of support
naming the City of Bozeman as an "Antam Community City" embracing Indonesia's Antam
Mining Company's efforts of developing potential young managers to be future leaders and
lecturers by sending them to Montana State University (Ulmen on behalf of Mayor Becker and
Deputy Mayor Krauss)
Mayor Becker explained that he inadvertently forgot to ask for Public comment on Consent Item
6.
0:49:24 Public Comment
Mayor Becker opened public comment on Consent Item 6.
0:49:41 Wolf, Public Comment
Wolf of Gallatin County spoke regarding his concern of losing the value of Bozeman by writing
a letter to Antam. He feels that the City needs to afford the same to any company in the State of
Montana.
0:52:42 Public Comment closed
Mayor Becker closed public comment.
0:52:43 Possible Motion to reconsider
Mayor Becker asked the Commission if they would like to reconsider the motion that was
previously made regarding the letter to Antam. No Commission members posed a motion
therefore the original motion stands.
0:52:57 2. Bolton Demolition and New Residential Construction with Accessory
Dwelling Unit Conditional Use Permit and Certificate of Appropriateness with Deviation at
1301 South Willson Avenue, Application Z-12173 (Quasi-Judicial) (Kramer)
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Minutes of the Bozeman City Commission, August 27, 2012
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0:53:30 Tim McHarg, Planning Director
Mr. McHarg explained that there has been a request to open and continue this item.
0:54:00 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:54:15 Motion and Vote to open and continue the public hearing for the Bolton Demolition
and New Residential Construction with Accessory Dwelling Unit Conditional Use Permit
and Certificate of Appropriateness with Deviation #Z-12173 to September 24, 2012.
It was moved by Cr. Taylor, seconded by Cr. Mehl to open and continue the public hearing
for the Bolton Demolition and New Residential Construction with Accessory Dwelling Unit
Conditional Use Permit and Certificate of Appropriateness with Deviation #Z-12173 to
September 24, 2012.
Those voting Aye being Crs. Taylor, Mehl and Mayor Becker (Deputy Mayor stepped out).
Those voting No being none.
The motion passed 3-0.
0:54:47 3. Municipal Code Amendments Z-12187: Provisional Adoption of Ordinance
1838, clarifying authorized residential uses and establishing a reasonable accommodation
procedure in the Unified Development Code, and possible amendments to additional
sections which are relevant to the same topic (McHarg)
0:55:16 Tim McHarg, Planning Director
Mr. McHarg gave the staff presentation regarding Municipal Code Amendments Z-12187:
Provisional Adoption of Ordinance 1838, clarifying authorized residential uses and establishing a
reasonable accommodation procedure in the Unified Development Code, and possible
amendments to additional sections which are relevant to the same topic
1:05:54 Commission Questions for Staff
The Commission and Staff discussed reasonable accommodations, unintended consequences,
adding the City's discrimination language to the Ordinance, protective classes, and the definition
of community and residential.
1:14:58 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
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1:15:16 Motion that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for
application Z-12187 and move to provisionally adopt Ordinance 1838 amending Chapter
38 of the Bozeman Municipal Code and inserting The City's additional Protective Class
language in the appropriate place in the Ordinance.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss that having reviewed
application materials, considered public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application Z-12187 and move to
provisionally adopt Ordinance 1838 amending Chapter 38 of the Bozeman Municipal Code
and inserting The City's additional Protective Class language in the appropriate place in
the Ordinance.
1:16:01 Discussion on the Motion
The Commission discussed the protective class language, appreciation of the clarifications,
accommodations, federal law and state law changes and health and safety in the community.
1:19:54 Vote on the Motion that having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff
report for application Z-12187 and move to provisionally adopt Ordinance 1838 amending
Chapter 38 of the Bozeman Municipal Code and inserting The City's additional Protective
Class language in the appropriate place in the Ordinance.
1:20:03 4. Provisional Adoption of Ordinances 1827 and 1828, Municipal Code
Amendments Z-12064, revising the Board of Adjustment provisions, consolidating
references to review authorities, expanding administrative approval authority throughout
the Unified Development Code, and possible amendments to additional sections which are
relevant to the same topic (Saunders)
1:20:47 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding Provisional Adoption of Ordinances 1827 and
1828, Municipal Code Amendments Z-12064, revising the Board of Adjustment provisions,
consolidating references to review authorities, expanding administrative approval authority
throughout the Unified Development Code, and possible amendments to additional sections
which are relevant to the same topic
1:32:35 Commission Questions for Staff
The Commission and staff spoke regarding the public participation and the review process.
1:37:21 Public Comment
Mayor Becker opened public comment.
No person commented.
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Minutes of the Bozeman City Commission, August 27, 2012
Page 8 of 11
Mayor Becker closed public comment.
1:37:37 Motion that having reviewed application materials, considered public comment,
and all information presented, I hereby adopt the findings presented in the staff report for
application Z-12064 and move to provisionally adopt Ordinance 1827 amending Chapter 2
and Chapter 38 of the Bozeman Municipal Code.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor that having reviewed
application materials, considered public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application Z-12064 and move to
provisionally adopt Ordinance 1827 amending Chapter 2 and Chapter 38 of the Bozeman
Municipal Code.
1:38:49 Commission discussion on the Motion
The Commission discussed the Board of Adjustment and administrative approvals.
1:40:11 Vote on the Motion that having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings presented in the staff
report for application Z-12064 and move to provisionally adopt Ordinance 1827 amending
Chapter 2 and Chapter 38 of the Bozeman Municipal Code.
Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:40:22 Motion that having reviewed application materials, considered public comment,
and considered all information presented, I hereby adopt the findings presented in the staff
report for application Z-12064 and move to provisionally adopt Ordinance 1828 amending
Chapter 38 of the Bozeman Municipal Code.
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor that Having reviewed
application materials, considered public comment, and considered all information
presented, I hereby adopt the findings presented in the staff report for application Z-12064
and move to provisionally adopt Ordinance 1828 amending Chapter 38 of the Bozeman
Municipal Code.
1:40:52 Commission Discussion
1:41:12 Vote on the Motion that having reviewed application materials, considered public
comment, and considered all information presented, I hereby adopt the findings presented
in the staff report for application Z-12064 and move to provisionally adopt Ordinance 1828
amending Chapter 38 of the Bozeman Municipal Code.
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Minutes of the Bozeman City Commission, August 27, 2012
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Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:41:27 5. Municipal Code Amendments Z-12163: Provisional Adoption of Ordinance
1830, relocating the Design Review and Wetlands Review Board's provisions, Amending
Chapter 20 to remove duplicative standards, and amending Chapter 38 to improve various
development standards, add cross references and remove redundant text; and Provisional
Adoption of Ordinance 1839, amending section 38.23.180 regarding water rights with
development and amending additional sections which are relevant to the same topic as
needed (Saunders)
1:42:19 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the Staff presentation regarding Municipal Code Amendments Z-12163:
Provisional Adoption of Ordinance 1830, relocating the Design Review and Wetlands Review
Board's provisions, Amending Chapter 20 to remove duplicative standards, and amending
Chapter 38 to improve various development standards, add cross references and remove
redundant text; and Provisional Adoption of Ordinance 1839, amending section 38.23.180
regarding water rights with development and amending additional sections which are relevant to
the same topic as needed. Ordinance 1830 was inadvertently left out of the Commission packet
materials.
1:50:41 Commission discussion
The Commission and Staff spoke regarding the new changes in Ordinance No. 1839.
1:56:42 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
1:57:18 Motion to provisionally adopt Ordinance 1839 amending the water rights
provisions of Chapter 38 of the Bozeman Municipal Code and further move to direct staff
to make corresponding changes in Resolutions 3907 and 4095 to be acted upon at the time
of the final adoption of Ordinance 1839.
It was moved by Cr. Taylor seconded by Cr. Mehl to provisionally adopt Ordinance 1839
amending the water rights provisions of Chapter 38 of the Bozeman Municipal Code and
further move to direct staff to make corresponding changes in Resolutions 3907 and 4095
to be acted upon at the time of the final adoption of Ordinance 1839.
1:57:48 Commission discussion
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1:58:58 Vote on the Motion to provisionally adopt Ordinance 1839 amending the water
rights provisions of Chapter 38 of the Bozeman Municipal Code and further move to direct
staff to make corresponding changes in Resolutions 3907 and 4095 to be acted upon at the
time of the final adoption of Ordinance 1839.
Those voting Aye being Crs. Taylor, Mehl, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:59:12 Motion to approve the first reading of Ordinance 1830 amending Chapter 2 and
Chapter 38 of the Bozeman Municipal Code to September 10th.
It was moved by Cr. Taylor, seconded by Cr. Mehl to approve the first reading of
Ordinance 1830 amending Chapter 2 and Chapter 38 of the Bozeman Municipal Code to
September 10th.
1:59:28 Commission discussion
1:59:33 Public comment
1:59:37 Vote on the Motion to approve the first reading of Ordinance 1830 amending
Chapter 2 and Chapter 38 of the Bozeman Municipal Code to September 10th.
Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:00:00 J. FYI/Discussion
2:00:04 1. List of what the City is exempt from. Majority of Commission asked for this.
2:00:57 2. Update of Solid Waste Rate Study (Arkell)
2:01:28 3. Joint School District Meeting and Joint ASMSU Meeting
The Commission discussed scheduling an October 1st. Meeting with School district/ and the
October 29th with the MSU Students.
2:08:50 4. Public Service Director Debbie Arkell's last meeting
Mr. Kukulski announced that this is Ms. Arkell's last meeting and has been a terrific asset to the
City.
2:10:44 5. Policy Issues to be added to future agendas
2:12:03 6. Gallatin College
2:14:39 7. Settlement Conference
2:15:00 K. Adjournment
Mayor Becker adjourned the meeting at 8:21 p.m.
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____________________________________
Sean Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian LaMeres, City Controller
Anna Rosenberry, Director of Administrative Services
Chris Kukulski, City Manager
SUBJECT: Accounts Payable Claims Review and Approval
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: The City Commission approves payment of the claims.
BACKGROUND: Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to the City Commission
have been reviewed by the Finance Department to ensure that all proper supporting documentation
has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account
coding is correct.
UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom
of the Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/Departments-(1)/Finance/Purchasing/Reports.aspx
Individual claims in excess of $500,000: to be announced in weekly e-mail from Accounts Payable Clerks Jenna Louttit and Marcy Yeykal.
Attachments: Expenditure Approval List (e-mailed)
and posted on the City of Bozeman’s website at http://www.bozeman.net/Departments-(1)/Finance/Purchasing/Reports.aspx
Report compiled on: September 21, 2012
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: James Goehrung, Superintendent of Facility Services
Chuck Winn, Assistant City Manager
SUBJECT: Ordinance No. 1842 authorizing the City Manager to enter into a 2-year space lease with MSU-Extended University for the lease of an office and training classroom
located in the Alfred M. Stiff Professional Building at 20 East Olive. The Commission
provisionally adopted this Ordinance on September 17, 2012. This action will be for final
adoption. Montana Codes Annotated (MCA) authorizes the City to lease property upon a vote of
two-thirds (2/3) of the Commission which requires an affirmative vote of four members of the five member Bozeman City Commission.
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to enter into a 2-year lease with MSU-Extended University for the lease of office and training classroom space in the basement of
the Alfred M. Stiff Professional Building at 20 East Olive. The lease agreement is for two (2)
years but there is a provision in the lease that allows for and additional two year extensions for a
total of up to four (4) years overall. The extensions are also in two year increments and must be
upon mutual agreement of both parties.
SUGGESTED MOTION: Authorize the City Manager to sign the 2-year lease agreement
with MSU-Extended University for the lease of office and training classroom space in the
basement of the Alfred M. Stiff Professional Building at 20 East Olive.
BACKGROUND: The City of Bozeman has leased space in the Alfred M. Stiff Professional
Building since the city purchased and remodeled the property after the sale of the old Carnegie
Library. MSU College of Great Falls, now MSU-Extended University has leased classroom and office space in the basement of the building since August 2000.
In exchange for the lease of the classroom and office space the University holds two spaces open
for City of Bozeman employees for any non-credit class, with a class fee less than $200.00.
Enrollment in the classes is coordinated with the Personnel Department. The last time the lease came due I checked with Personnel to see if enough employees were taking classes that it seemed like we were getting a fair value towards the lease. It was affirmed that there was good
attendance.
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The University is charged a pro-rated share of the custodial costs associated with the
Professional Building. The University is charged for the space they have in the building based
on the price per square foot cost for cleaning. The lease agreement is for two (2) years but there is a provision in the lease that allows for and
additional two year extensions for a total of up to four (4) years overall. The extensions are also
in two year increments and must be upon mutual agreement of both parties.
Section 2.11 of the Bozeman City Charter requires the Commission to adopt an ordinance any time the Commission "convey(s), lease(es)or authorize(s) the conveyance or lease of any lands
of the city."
Section 7-8-4201, Montana Codes Annotated (MCA) authorizes the City to lease property upon a vote of two-thirds (2/3) of the Commission which requires an affirmative vote of four members of the five member Bozeman City Commission.
This Ordinance will not be codified but will be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Conveyances and Leases of City Land.”
FISCAL EFFECTS: In exchange for the use of the space in the building, the terms of the
lease require 2 spaces to be made available in each class taught by the University. In addition to
this benefit the University pays $1,622.13 per year toward the custodial cleaning expenses for the
building.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Ordinance 1842
Lease Agreement
Report compiled on: September 19, 2012
17
ORDINANCE 1842
Page 1 of 3
ORDINANCE NO. 1842
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 2-YEAR SPACE LEASE WITH MSU-EXTENDED UNIVERSITY FOR THE LEASE OF AN OFFICE AND TRAINING CLASSROOM LOCATED IN THE ALDFRED M. STIFF PROFESSIONAL BUILDING AT 20 EAST OLIVE.
WHEREAS, the City of Bozeman desires to lease office space and a training classroom located in the Alfred M. Stiff Professional Building at 20 East Olive; and
WHEREAS, in exchange for the lease of the classroom and office space, the University
will hold two spaces open for City of Bozeman employees for any non-credit class, with a class
fee less than $150; and WHEREAS, MSU-Extended University has indicated their desire to renew said lease;
and
WHEREAS, Section 2.11 of the Bozeman City Charter requires the Commission to adopt an ordinance when the Commission "convey(s), lease(es)or authorize(s) the conveyance or lease of any lands of the city;" and
WHEREAS, Section 7-8-4201, MCA, authorizes the City to lease property upon a vote
of 2/3 of the Commission which requires an affirmative vote of four members of the five member Bozeman City Commission; and WHEREAS, should this Ordinance never be finally adopted by the City Commission, the
lease shall have no binding effect.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA:
Section 1 The City Commission hereby authorizes the City Manager to enter into the attached 2-year
lease agreement (Exhibit A) with MSU-Extended University for lease of an office and
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ORDINANCE 1842
Page 2 of 3
training room located in the Alfred M. Stiff Professional Building at 20 East Olive. The
lease is incorporated herein by reference and made a part of this Ordinance. Final execution of the lease is dependent upon final adoption of this Ordinance 1842 and as
such the City Manager cannot execute the lease until 30 days after second reading of this
Ordinance.
Section 2 Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All
other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than
the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be
organized in a category entitled “Conveyances and Leases of City Land.”
Section 6
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ORDINANCE 1842
Page 3 of 3
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 17th of September, 2012.
____________________________________ SEAN A. BECKER Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
FINALLY ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the 1st day of
October, 2012. The effective date of this ordinance is November, 1, 2012.
_______________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_______________________________________
GREG SULLIVAN City Attorney
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1
LEASE AGREEMENT
This lease agreement was entered into on October 15, 2012 between the City of Bozeman
(“Lessor”) and MSU-Extended University, (“Lessee”). Lessor is the sole owner of the business premises described below, having office space for lease in such premises. Lessee is in the business of education/training and desires to lease office space from Lessor.
1. DESCRIPTION OF PREMISES: Lessor leases to lessee premises on the lower level of the
building known as the Alfred M. Stiff Building, located at 20 East Olive, Bozeman, Montana, under the Terms and Conditions set forth in this lease. Lessee does hereby hire and take as the tenant [Suite/Room] LL10, to be used for the purpose of classroom and office, and for no other purpose.
2. TERM: The term of this lease shall be for a period of twenty four (24) months, commencing on
the 15th day of October, 2012, and terminating the 31st day of October, 2014, unless sooner terminated as set forth in this lease, or unless lessee has exercised the option to renew under provisions set forth in this lease agreement. At the end of this lease agreement, the agreement may be extended for another
two years provided both parties can come to agreement on any changes in fees or terms. Negotiations
for the extension of this agreement shall be completed not less than sixty days prior to the termination of
the agreement.
3. FEES AND SERVICE CHARGE: A. In exchange for the use of the space covered in this lease agreement MSU-Extended
University shall provide 2 (two) spaces in each scheduled non-credit class, with a class fee less than
$150.00, for City of Bozeman employees at no charge. B. In addition to the lease payment the “Lessee” shall pay a portion of the custodial costs for
the building. This amount is $1.39 a square foot for 1,167square feet, $1,622.13 per year or $135.18
monthly.
4. PARKING: A. Lessee shall have the nonexclusive use, in common with the other Lessees of the lease premises,
to the parking areas for the building. During normal working hours, Lessee will whenever possible park
in the building’s parking lot across the alley from the main parking lot or in the south row of the main
parking lot. Lessee and Lessee’s employees shall not park in the north row of the main parking lot
during normal business hours. B. In any event, the use of the parking facilities shall at all times be subject to reasonable rules and
regulations that the Lessor may promulgate, when, in the Lessor’s opinion it is necessary to insure
facilities for the business invitees and customers of the Lessees and Lessor. Lessee further recognizes
that the Lessor makes no guaranty of any specific number of parking spaces. Lessor shall have no
obligation to police of enforce parking usage by Lessees, or invitees, or the agents, servants, or employees of Lessor or Lessees. In the event that the Lessor finds that the use of the parking facilities by
Lessee or employees of Lessee interferes with its use by other Lessees and their patients and or business
invitees, then Lessee shall cooperate with Lessor in requiring Lessee and Lessee’s customers and
business invitees to refrain from using the parking facilities, this right reserved unto Lessor.
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5. RESTRICTIONS ON USE: A. Lessee is familiar with the premises and that the taking of possession of the leased property shall
be conclusive evidence that the leased premises were at the time of the taking of possession in good,
clean, sanitary and leasable condition, and is in all respects satisfactory and acceptable to the Lessee, and is in the condition in which it was represented to the Lessee to be or agreed to be put into by the
Lessor, and the Lessee hereby releases the Lessor from any and all claims arising from any defects in the
condition of the said leased premises, the streets, alleys, areas, area ways, passages, or sidewalks
adjoining or appur Lessee thereto.
B. Lessee will not use or permit anything to be used or done upon the said premises that might be dangerous to life or limb and that the Lessee will not in any manner deface or injure the said premises or
do anything that will increase the rate of insurance thereon, or permit anything to be done upon said
premises, or in the passageways, alleys, areas, area ways, sidewalks, or streets adjacent thereto, which
will amount to or create a nuisance, or interfere with the other occupants of the premises.
C. Lessee may use and occupy the leased premises for the purpose of the conduct or the practice of educations and training activities and activities incidental thereto, and not otherwise. Lessee shall not
use or knowingly permit any part of the leased property to be used for any unlawful purposes, and shall
comply with all of the laws and regulations of the City of Bozeman, State of Montana, and the United
States of America.
6. ALTERATIONS AND MODIFICATION; REPAIRS: A. Lessee will keep the said leased property in clean and sanitary condition, without any obligation
on the part of the Lessor to make any alterations or improvements of any kind in or about the premises,
and that the Lessee will repair or replace promptly all damages to the premises due to the acts of the
Lessee, its agents, or its invitees. B. Lessee will make no alterations in, or additions to, the said premises without first obtaining the Lessor’s written consent and the Lessee will not erect or permit to be erected upon the premises any
signs without the written consent of the Lessor.
C. With respect to all alterations or improvements to said premises which the Lessee under-takes
with the written consent of the Lessor, that the Lessee shall in each instance save said Lessor forever harmless and free from all damages, loss and liability of every kind and character which may be claimed, asserted, or charged, including liability to adjacent owners and Lessees, based upon the acts of
negligence of the Lessee or its agent, contracts, or employees for any negligence or for the failure of any
of them to observe and to company with the legal requirements of the City of Bozeman, and that the
Lessee will preserve and hold the Lessor and the said premises forever free, clear and harmless from liens for labor and materials furnished. D. Except as herein set forth to the contrary, Lessor shall bear the expense of all repairs,
maintenance, alterations, or improvements as it, in its sole discretion, determines required on the leased
property.
7. RIGHT TO REDECORATE: Lessee shall have the right from time to time to decorate and redecorate the leased property, at Lessee’s sole expense, all of which shall be done in a good and
workmanlike manner, and with the prior written consent of Lessor. Lessor upon the building upon
which the leased property is located, and does hereby indemnify the hold Lessor harmless in connection
therewith.
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8. CONDITIONS AND PEACEFUL POSSESSION: Except as provided in paragraph 9, Lessor
covenants and agrees that the premises shall be maintained in good repair and Lesseeable condition,
excepting in case of damage resulting from the negligent or intentional acts of the Lessee, its servants,
agents, and employees, and business invitees, and further, as long as Lessee continues to make class space available to city employees as outlined in Section 3A, pays the custodial charges as outlined in Section 3B, and follows the covenants and agreements herein contained and performed Lessee shall
peacefully and quietly have, hold and enjoy the leased property for the term aforesaid and any extension
thereof.
9. UTILITIES: All applications and connections for necessary utility services on the demised premises shall be made in the name of lessees only. Lessee shall be solely liable for utility charges as
they become due, including, but not limited to, those of sewer, water, gas, electricity, security, and
telephone and data services. Lessee is responsible for any phone or data services. Lessee is responsible
for Telephone/TV installation and all charges for services thereafter. 10. LIABILITY OF LESSOR:
A. Lessee agrees that the Lessor shall not be liable for any damage or injury either to person or
persons or property or for the loss of property sustained by the Lessee or by any other persons on the
leased premises due to any act of negligence of the Lessee. B. Lessee will indemnify lessor on account of any damage or injury to any person, or to goods of any person, arising from the use of the demised premises by lessee, or arising from the failure of lessee
to keep the demised premises in good condition as provided in this lease agreement.
C. Lessor shall not be liable to lessee for any damage by or from any act of negligence of any other
occupant of the same building, or by any owner or occupant of adjoining or contiguous property. D. Lessee agrees to pay for all damage to the building, as well as all damage or injury suffered by tenants or occupants of the building caused by the misuse or neglect of the demised premises by lessee.
11. DESTRUCTION OF PREMISES:
A. It is agreed between the Lessor and the Lessee that if during the term of this lease the leased premises or the improvements thereupon shall be injured or destroyed by fire or other unavoidable casualty or rendered un-leasable by public authority without the failure of Lessor, so as to render the
leased property unfit for occupancy, or to such an extent that the premises cannot be repaired with
reasonable diligence in sixty (60) days from the happening of such injury, or act, then the Lessor may
terminate this lease as of the date of such damage, act or destruction and the Lessee shall immediately surrender the leased property and all interest therein to the Lessor, and the Lessee shall pay rent only to the time of said destruction or act.
B. If the leased property can be restored within sixty (60) days from the happening of such injury
thereto and the Lessor within fifteen (15) days from the occurrence elects in writing to repair and restore
said premises within the sixty (60) days from the happening of the injury thereto, then this lease shall not end or terminate on account of such injury by fire or otherwise, but the dollar amount paid for custodial services shall not run or accrue after injury and during the process of repairs, except only that
the Lessee shall during such time pay a pro-rated portion of the custodial payment apportioned to that
portion of the leased property which are in condition for occupancy or which may actually be occupied
during repairing periods.
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C. If, however, the leased property shall be so slightly injured by any cause aforesaid as not to be
rendered unfit for occupancy, then the Lessor shall repair the same with reasonable promptness, and in
that case, the rent shall cease or be abated during such repairing.
D. All equipment, appliances, fixtures, improvements, or betterments placed by the Lessee on the leased premises which shall be damaged or destroyed in any of the events aforementioned, shall be repaired and replaced by the Lessee at its owner expense and not at the expense of the Lessor. Except as
herein set forth, Lessor shall not be held to account for any damages to Lessee attributable to the acts or
omissions of Lessor’s, providing however, Lessee shall immediately report any failure or defect to
Lessor who shall repair or correct such defects with reasonable diligence. 12. ASSIGNMENT AND SUBLEASE: Lessee agrees that it will not sublet the leased property or
any part thereof and will not assign this least or any interest therein or permit such lease to become
transferred by operation of law or otherwise and will not commit any act or acts which will cause the
lease to become sublet or assigned in whole or in part unless the written consent of the Lessor endorsed thereon shall first be obtained. Lessee may associate other individuals of the same discipline and profession as Lessee and such association shall not be deemed subletting under the terms of this
Agreement.
13. BREACH OR DEFAULT: If the leased property shall be deserted or vacated, or if proceedings are commenced against the Lessee in any Court under bankruptcy, or for the appointment of a trustee or receiver of the Lessee’s property either before or after the commencement of the leased term, or there
shall be a default in the payment of any rent or any part thereof, for more than fifteen (15) days, or if
there shall be a default in the performance of any covenant, agreement, condition, rule or regulation
herein contained, or hereafter established on the part of the Lessee for more than fifteen (15) days after written notice of such default by the Lessor, Lessee’s rights in this lease (if the Lessor so agreements shall be deemed to be taken to be a waiver of any succeeding breach thereof.
14. KEY AGREEMENT, ACCESS:
A. Lessee shall have a MEDECO key to the building upon which the leased property is located, and to the leased property. Lessee acknowledges and agrees that, as a condition of this lease, that the MEDECO key is a registered key in a registered MEDECO SYSTEM governing access to the facility
under lease and lessee is physically and financially responsible for the safekeeping of such MEDECO
key. In the even of loss of the MEDECO key, Lessee further acknowledges responsibility for the full
cost of the replacement of such key(s) and if necessary the cost of rekeying locks and cutting new keys for building tenants. Upon termination of the Lease agreement, Lessee shall voluntarily surrender the assigned MEDECO key(s).
B. The building in which the leased property is located shall be open for entry of Lessee, Lessee’s
employees and business invitees. Lessee may have access to the leased property at all times, in
connection with his/her business. Lessee shall have the duty of keeping the entry to the building secure during such times, so the unauthorized personnel may not enter after the business hours, from 8:00 o’clock a.m., until 5:00 o’clock p.m., Monday through Friday.
C. Lessee will permit the Lessor at all reasonable times as allowed by law, to enter the leased
property to inspect its condition and at Lessor’s election to make reasonable and necessary repairs
thereon for the protection and for the preservation of the property, also the Lessor shall the right to enter upon the leased property to ascertain its condition or to ascertain the performance or non-performance of
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any of the covenants of his lease or to show the premises to persons who may wish to rent the same after
the expiration of this lease agreement.
15. INSURANCE: Lessee shall keep the leased property insured throughout the term of this lease as follows:
The parties hereto understand and agree that the Lessee is an agency of the State of Montana and is self-
insured under the provisions of Title 2, Ch. 9, Montana Code Annotated. MSU will maintain insurance
required for state agencies as provided under Title 2, Ch. 9, Montana Code Annotated. The statutory limits of liability are $750,000.00 for each claim and $1.5 million for each occurrence. A certificate of insurance will be provided upon the start of the lease period.
Any provisions of this agreement, whether or not incorporated herein by reference will be controlled,
limited and otherwise modified to limit any liability of the State of Montanan and MSU to that set forth in the above cited laws.
16. SURRENDER UPON TERMINATION:
A. Lessee, upon leaving the premises hereby leased, shall at its own expense repair any damage
occasioned by Lessee’s occupancy and remove all dirt, rubbish and refuge, and upon the Lessee’s failure to do so, the Lessor may immediately, without further notice, do so at the Lessee’s expense, which the Lessee shall immediately pay upon receipt of a bill for the same from the Lessor.
B. Lessee agrees to return the leased property peacefully and promptly to the Lessor at the end of
the term of this lease, or at any previous termination in as good condition as the same are in or hereafter
put in, ordinary wear expected. C. The Lessee shall on the last day of the term, or upon sooner termination of the term, peacefully and quietly surrender the leased property to the Lessor in as good condition as it was at the beginning,
reasonable wear and tear expected. Lessee shall remove all of its property so that Lessor can repossess
and enjoy the leased property not later than noon on the day upon which the lease ends, whether upon
notice or by holdover or other wise. Lessor shall have the same right to enforce this covenant by ejectment for damages or lease. Lessee may at any time before or upon termination of this lease remove from the leased property all equipment, property and fixtures installed by Lessee provided such property
is moved without substantial injury of the leased property. No injury shall be considered substantial if it
is property corrected or restored to the condition prior to the installation of such property. Any such
property not removed shall become the property of the Lessor. Any injury not repaired may be corrected by Lessor, and Lessee shall promptly reimburse Lessor upon receipt of its statement therefore.
17. RESTROOM FACILITIES: Lessor shall provide restroom facilities on the premises for the
use of Lessee and Lessee’s agents, employees, and business invitees, provided further, that Lessee’s use
thereof shall not be exclusive but to the contrary, shall be in common with all the other Lessees, employees and business invitees occupying or using the building.
18. SECURITY DEPOSIT: No deposit required for state agencies
19. HOLDING OVER: If Lessee shall remain in possession of the leased premises after the expiration of either the original term of this lease or of any extended term, except pursuant to an exercise of option to renew, such possession shall be as a month to month tenancy, with consent of Lessor. If
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Lessee holds possession of the demised premises after the term of this lease agreement, Lessee shall
become a tenant from month-to-month on the terms specified in this lease agreement. Lessee shall
continue to be a month-to-month tenant until the tenancy shall be terminated by Lessor, or a new lease is
executed, or until Lessee has given to lessor a written notice at least one month prior to date of termination of the monthly tenancy of Lessee’s intention to terminate the tenancy.
20. NOTICE:
A. All notices, demands, or other writings in this lease agreement provided to be given or made or
sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows:
To Lessor: Facilities Superintendent, City of Bozeman, P.O. Box 1230, Bozeman, MT 59771-1230
To Lessee: MSU-Extended University Montana State University, P.O. Box 172200 Bozeman, MT
59717-2200. The address to which any notice, demand, or other writing may be given or made or sent to any party above provided may be changed by written notice given by such party as provided. C. Lessee shall provide Lessor with a contact list to include at least one person that can be reached
in the event of an emergency or for any occasion when Lessee is out of town or otherwise available.
Such list will be kept current and updated as necessary.
21. TIME OF ESSENCE: Time if of the essence of this lease with respect to the performance by
the Lessee of its obligations thereunder.
22. ENTIRE AGREEMENT: This lease agreement shall constitute the entire agreement between
the parties. Any prior understanding or representation of any kind preceding the date of this lease agreement shall not be binding upon either party except to the extent incorporated in this lease
agreement.
23. MODIFICATION OF AGREEMENT: Any modification of this lease agreement or additional
obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party.
24. ATTORNEY’S FEES: In any legal action brought by either party to enforce any of the terms of
the Agreement, the prevailing party shall be entitled to all costs and expenses incurred in connection
with such action, including a reasonable attorney’s fee. Any and all legal action brought under this lease or related to this agreement must be brought in Gallatin County.
25. PARAGRAPH HEADINGS: The paragraph headings in this instrument are for convenience
only, and do not limit or construe the contents of any paragraphs.
26. BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of the
heirs, successors, administrators and assigns of the parties hereto.
27. SIGNAGE: Lessee shall pay for any signage located on the wall next to the office entry door;
such signage shall be similar to other signage in the building. Lessor shall add Lessee’s name to the building marquee. There shall be no exterior signage allowed.
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28. INDEMNIFICATION:
(a) Lessee’s Indemnity. Lessee indemnifies, defends, and holds Lessor harmless
from claims:
(i) for personal injury, death, or property damage; or
(ii) for incidents occurring in or about the Premises or Building; and for which
(iii) under either (i) or (ii) are caused by the negligence or willful misconduct of Lessee, its agents, employees, or invitees.
When the claim is caused by the joint negligence or willful misconduct of Lessee and Lessor or Lessee
and a third party unrelated to Lessee, except Lessee’s agents, employees, or invitees, Lessee’s duty to
defend, indemnify, allocable share of the joint negligence or willful misconduct. (b) Lessor’s Indemnity. Lessor indemnifies, defends, and holds Lessee harmless
from claims:
(i) for personal injury, death or property damage; (ii) for incidents occurring in or about the Premises or Building, and;
(iii) caused by the negligence or willful misconduct of Lessor, its agents,
employees. (c) Lessee’s sole remedy to satisfy the judgment shall be:
(i) Lessor’s interest in the Building and Land including the rental income and
proceeds from sale, and; (ii) any insurance or condemnation proceeds received because of damage or
condemnation to, or of, the Building or Land that are available for use by
Lessor.
When the claim is caused by the joint negligence or willful misconduct of Lessor and Lessee or Lessor and a third party unrelated to Lessor, except Lessor’s agents, employees, Lessor’s duty to defend,
indemnify, and hold Lessee harmless shall be in proportion to Lessor’s allocable share of the joint
negligence or willful misconduct.
(d) Release of Claims. Notwithstanding paragraphs (a), (b), and (c), the parties release each other from any claims either party (Injured Party) has against the other. This
release is limited to the extent the claim is covered by the Injured Party’s insurance or the
insurance the Injured Party is required to carry under Section 11, whichever is greater.
29. SPECIAL PROVISIONS: The Lessee agrees not to discriminate in the fulfillment of this Lease Agreement, or in any training classes or activities that take place on the premises, on the basis of
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race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability.
The Lessee agrees this requirement shall apply to the hiring and treatment of the Lessee’s employees, contract instructors, and all persons taking classes.
DATE________, 20__ ____________________________________ Lessor/Manager
DATE________, 20__ ____________________________________
Lessee
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson B. Brekke, Associate Planner Tim McHarg, Planning Director
SUBJECT: A Preliminary Site Plan and Certificate of Appropriateness with
Deviations application requesting approval for the following alterations to the property addressed as 310 East Koch Street: 1) the remodel of the principal household structure, including a redesign of the front porch, a rear addition and a side patio/deck addition, 2) the demolition of the
secondary household structure, 3) construction of a new secondary household structure, and 4)
related site improvements. The property is zoned R-2 (Residential Two-Household, Medium
Density) and is located within the Neighborhood Conservation Overlay District.
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Action (Quasi-Judicial)
RECOMMENDATION: Staff is recommending conditional approval of the Persons Creek
House Renovation Preliminary Site Plan and Certificate of Appropriateness with Deviations
application because it is found to meet all applicable standards and criteria of Section 38.16.050
and 38.16.070 of the Bozeman Municipal Code as described in the staff report. The recommended conditions are pages 2 and 3 of the staff report.
SUGGESTED MOTION: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the findings presented
in the staff report for application #Z-12216 and move to approve the Persons Creek House
Renovation Preliminary Site Plan and Certificate of Appropriateness with Deviations application with conditions and subject to all applicable code provisions.
BACKGROUND: Property owner Jacquie Persons, represented by Comma-Q Architecture,
submitted a Site Plan and Certificate of Appropriateness with Deviations application to the
Department of Planning proposing alterations to the property addressed as 310 East Koch Street. The property is located at the end of Koch Street and is adjacent to Bozeman Creek (along the
east perimeter). Two separate single-household residences currently exist on the property. The
principal house fronts Koch, while the secondary house fronts the rear alley. The principal house
was moved from Park County to its current site in the early 1990s. At the time of that move, the
secondary house was in its current location and was the primary residence on site.
The application proposes the following alterations to the property addressed as 310 East Koch
Street:
• Remodel of the principal household structure, including a redesign of the front porch, a rear addition and a side patio/deck addition;
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• Demolition of the secondary household structure;
• Construction of a new secondary household structure; and
• Related site improvements.
Two deviations from the Bozeman Municipal Code are required for the proposed project.
• The first is requested from Section 38.23.100, “Watercourse Setback,” to allow the side patio/deck addition to the principal household structure to encroach up to 10 feet into the
required 35-foot Bozeman Creek watercourse setback, which will supply a 25-foot
watercourse setback (encroachment ranges between 4 and 10 feet); and
• The second is from Section 38.08.050, “Yards,” to allow the secondary residential structure to encroach 7 feet and 4 inches into the required 20-foot rear yard setback,
which will supply a 12 foot and 6 inch rear yard setback.
A site plan rather than sketch plan application is required due to the proposal requesting two
separate single-family household residences on property in single ownership. The City Commission is charged with the final decision on this application due to the deviation requests.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
ALTERNATIVES: The City Commission has the following alternative actions available: 1. Approve the application with modifications to the Staff recommended conditions;
2. Deny the application based on a finding of non-compliance with applicable criteria; or
3. Open and continue the public hearing on the application, with specific direction to
Staff or the applicant to supply additional information.
FISCAL EFFECTS: None identified at this time.
Attachments: Staff Report Public Comment Application Materials
Report compiled on: September 20, 2012
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#Z-12216 Persons Creek House Renovation SP/ COA/ DEV 1
City Commission Staff Report for Persons Creek House Renovation SP/COA/DEV File #Z-12216
Item: A Preliminary Site Plan and Certificate of Appropriateness with Deviations application requesting the following alterations to the property addressed as 310 East Koch Street: 1) the remodel of the principal household structure, including a redesign of the front porch, a rear addition and a side
patio/deck addition, 2) the demolition of the secondary household structure, 3) construction of a new
secondary household structure, and 4) related site improvements. The property is zoned R-2
(Residential Two-Household, Medium Density) and located within the Neighborhood Conservation Overlay District.
Property Owner: Jacquie Persons, 310 East Koch Street, Bozeman, MT 59715
Representative: Comma-Q Architecture, 109 North Rouse Avenue #1, Bozeman, MT 59715
Date: City Commission meeting on October 1, 2012 at 6:00 p.m. in the City Commission Meeting
Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Allyson B. Brekke, Associate Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The existing residential structure is located at 310 East Koch Street and legally described as east 43.8 feet of Lot 4 and the west 57.45 feet of Lot 3, Guys Second Addition, City of Bozeman, Montana. The
zoning designation for the property is R-2 (Residential Two- Household, Medium Density). It is located
with the Neighborhood Conservation Overlay District and the Bogert Park Neighborhood Association, a
City recognized neighborhood association. See below for an aerial view of the property.
KOCH
ALLEY
1
2
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Proposal
Property owner Jacquie Persons, represented by Comma-Q Architecture, submitted a Site Plan and
Certificate of Appropriateness with Deviations application to the Department of Planning proposing
alterations to the property addressed as 310 East Koch Street. The property is located at the end of Koch Street and is adjacent to Bozeman Creek (along the east perimeter). Two separate single-household
residences currently exist on the property. The principal house fronts Koch, while the secondary house
fronts the rear alley. The principal house was moved from Park County to its current site in the early
1990s. At the time of that move, the secondary house was in its current location and was the primary
residence on site.
The application proposes the following alterations to the property addressed as 310 East Koch Street:
• Remodel of the principal household structure, including a redesign of the front porch, a rear addition and a side patio/deck addition;
• Demolition of the secondary household structure;
• Construction of a new secondary household structure; and
• Related site improvements.
Two deviations from the Bozeman Municipal Code are required for the proposed project.
• The first is requested from Section 38.23.100, “Watercourse Setback,” to allow the side patio/deck addition to the principal household structure to encroach up to 10 feet into the
required 35-foot Bozeman Creek watercourse setback, which will supply a 25-foot watercourse
setback (encroachment ranges between 4 and 10 feet); and
• The second is from Section 38.08.050, “Yards,” to allow the secondary residential structure to encroach 7 feet and 4 inches into the required 20-foot rear yard setback, which will supply a 12
foot and 6 inch rear yard setback.
A site plan rather than sketch plan application is required due to the proposal requesting two separate single-family household residences on property in single ownership. The City Commission is charged with the final decision on this application due to the deviation requests.
Recommendation
Based on the subsequent analysis, the Development Review Committee (DRC) and Staff find that the application, with conditions and code provisions, is in general compliance with the adopted City of Bozeman Growth Policy and Unified Development Code. The following conditions of approval are
recommended.
Recommended Conditions of Approval 1. Prior to the issuance of a demolition and/or building permit, the applicant shall aggregate the
property lots comprising the subject property through a subdivision exemption application
submitted to the Department of Planning.
2. The site plan drawing shall be revised to show the removal of the front driveway and front yard parking and shall be shown in the Final Site Plan application.
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3. A landscape plan shall be prepared by a qualified landscape professional and be reviewed and approved by the Department of Planning & Community Development with the Final Site Plan
application.
4. A watercourse setback planting plan, for all the remaining green areas within the watercourse
setback, shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Department of Planning & Community Development with the Final Site Plan
application. The planting plan shall include new or existing native materials suited for a riparian
area and follow the guidelines specified in Section 38.23.100.A.2.f of the BMC.
5. The building elevation drawings shall be revised to clearly indicate which windows on the existing house are remaining and which are being replaced and shall be shown in the Final Site
Plan application.
6. That the applicant upon submitting the Final 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.
7. Any permanent structures within the public right of way of East Koch Street shall be removed
with this project.
Zoning Designation & Land Uses
The property is zoned R-2, Residential Two-Household, Medium Density District. The intent of the R-2
residential two-household medium density district is to provide for one- and two-household residential
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. Below is a description of the adjacent land uses:
North: Residential Single-Family Household, zoned R-2;
South: Residential Multi-Family, zoned R-2; East: Park and Open Space, zoned R-2; and
West: Residential Single-Family Household, zoned R-2.
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Adopted Growth Policy Designation
The Future Land Use Map (Figure 3-1) of the Bozeman Community Plan designates the subject property
to develop as Residential. This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low intensity
home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation of this
category by residential zoning should provide for and coordinate intensive residential uses in proximity
to commercial centers. The residential designation indicates that it is expected that development will
occur within municipal boundaries, which may require annexation prior to development.
Review Criteria & Staff Findings
Section 38.10.100.A “Plan Review Criteria”
In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria. When considering the criteria for future phases of a master
site plan, other than those for criteria 1—3, the evaluation shall be of a more generalized demonstration
of compliance, recognizing that a subsequent site plan shall be submitted in the future which shall
provide evidence of specific compliance. The level of detail submitted and review conducted shall be
equal with the level of entitlement being sought with the application. See article 41 of this chapter for required submittal materials.
1. Conformance to and consistency with the city’s adopted growth policy;
The subject property is planned Residential in the adopted Growth Policy. This category designates
places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and
schools.
The application proposes two separate residential household structures on the property which are appropriate uses for areas planned Residential.
2. Conformance to this chapter, including the cessation of any current violations; Some structural items were seen located within the East Koch Street right of way. As conditioned,
permanent structures within the right of way shall be removed.
3. Conformance with all other applicable laws, ordinances and regulations;
The application, including the conditions of approval recommended by staff, will conform with all other applicable laws, ordinances and regulations, including, but not limited to, the code provisions listed
below:
a) A construction management plan shall be submitted with the final plan submittal including
provisions for a construction trash enclosure. For applications other than those classified as sketch plan reviews per Section 38.19.050, the applicant shall designate a temporary enclosed
refuse storage area on the site plan, including a typical detail with dimensions and type of
materials, for the storage and collection of building material debris during the construction
phase of the project, and that said debris area is shown accordingly on the final plan.
b) Section 38.19.120 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.
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• If occupancy of any structure
c) Section 38.19.120 requires that the final site plan shall contain the materials required in
39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility rights-of-
way or easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services; (4)Water; and (5) Sewer (sanitary, treated effluent and storm).
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 38.19.160 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 38.21.050.F requires all mechanical equipment to be screened. Rooftop equipment shall be incorporated into the roof form or screened in an enclosure and ground mounted
equipment shall be screened with walls, fencing or plant materials. The final site plan shall
contain a notation
f) Section 38.23.150.D.7.a requires that all outdoor lighting, whether or not required by this
section, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to
drivers or pedestrians by impairing their ability to safely traverse and so as not to create a
nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
that “No ground mounted mechanical equipment, including, but not limited
to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the
required yard setbacks and will be properly screened with an opaque solid wall and/or adequate landscape features.”
g) Section 38.23.150.D.7.b requires that all outdoor lighting fixtures shall be shielded in such a
manner that no light is emitted above a horizontal plane passing through the lowest point of the
light emitting element, so that direct light emitted above the horizontal plane is eliminated
h) Section 38.25 outlines the general provisions of parking. All proposed parking shall follow
these provisions.
i) Section 38.26 outlines the general provisions of landscaping. All proposed landscaping shall
follow these provisions.
j) Section 38.34.100 states that a building permit shall be obtained within one year of final
approval, or said approval shall become null and void. Prior to the lapse of one year, the
applicant may seek an extension of one additional year from the Planning Director.
k) Section 38.39.030 requires that the applicant shall provide for private improvements
certification by the architect, landscape architect, engineer and other applicable professionals
that all improvement including, but not limited to landscaping, ADA accessibility requirements,
private infrastructure, or other requirement elements were installed in accordance with the
approved site plan, plans and specifications.
l) Section 40.02.750 “Protective Devices”, the Water/Sewer Superintendent is requiring an
inspection of the property’s water service to determine whether the water service has backflow
protection and if such protection is installed that the device is appropriate for the level of use
for the facility. If the service has been found without backflow protection, the applicant will have a preventer and expansion tank installed. If the existing device does not provide adequate
protection, the applicant will be required to replace the preventer with a preventer that is
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designed to provide adequate protection. Please call the Water Department’s Backflow specialist at 582-3200 to arrange an inspection of the water service.
m) The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used
shall also be provided.
n) Sewer and water services shall be shown on the Final Site Plan and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by
the applicant. All trees must be at least 10 feet from any public utilities or service lines. Public
utilities and services lines must be shown on the Final Landscaping plan.
o) Drive approach and public street intersection sight triangles shall be free of plantings which at
mature growth will obscure vision within the sight triangle.
p) 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.
q) A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application
form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm
Water Management Ordinance #1763. The SMP is independent of any other storm water
permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development.
r) A storm water easement must be established on the adjacent property and filed with the County
Clerk and Recorder's Office for the retention pond and discharge course if located off the
subject property.
s) 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 Code. 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.
t) All construction activities shall comply with section 18.74.020.A.2 of the Unified Development
Code. 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.
4. Relationship of plan elements to conditions both on and off the property; a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass
and height, neighborhood identity, landscaping, historical character, orientation of buildings on
the site and visual integration; The addition to the primary household structure is appropriately occurring to the rear and is located
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outside of the required 35-foot watercourse setback. This design provides the most sensitivity to the streetscape and the creek.
b. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space
and landscaping, etc.) so that activities are integrated with the organizational scheme of the
community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development; The landscaped space to the east of the primary household structure is preserved with the
development which appropriately ties together the adjacent open space in Bogert Park.
c. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site
configuration; and
As conditioned, a watercourse setback planting plan will be submitted with the landscape plan to
ensure there is a natural landscape buffer between the built residences and Bozeman Creek. d. If the proposed project is located within a locally designated historical district, or includes a
locally designated landmark structure, the project is in conformance with the provisions of
article 16 of this chapter;
Not applicable.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
The parking conditions are greatly improved with the proposed development by moving the parking area
for both residences to the rear of the lot. The front driveway and parking area is removed in
coordination with the garage addition. Parking is more appropriate to occur off the rear alley.
6. Pedestrian and vehicular ingress, egress and circulation;
a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and
vehicles can move safely and easily both within the site and between properties and activities
within the neighborhood area; The primary pedestrian ingress and egress will occur in the front of the primary household structure,
while the vehicular ingress and egress will occur to the rear off the alley. The separation between
pedestrian and vehicular traffic improves the safety of both forms of traffic.
b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting;
The rear driveway and parking area is proposed as a concrete surface which will help better
distinguish the area as parking.
c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and
The development fronts Koch Street which provides adequate connection to the local street system.
d. Dedication of right-of-way or easements necessary for streets and similar transportation facilities; Adequate right of way for Koch Street is already established.
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;
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Landscape and watercourse setback planting plans are required to be submitted with the Final Site Plan application.
8. Open space;
a. The enhancement of the natural environment;
The Bozeman Creek setback will be improved with the implementation of the required watercourse setback planting plan.
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding
areas;
No wildlife habitat areas are identified in proximity to the project site. c. If the development is adjacent to an existing or approved public park or public open space
area, have provisions been made in the plan to avoid interfering with public access to and use of
that area;
A trail crossing over Bozeman Creek exists at the terminus of East Koch Street and is not affected with this proposal.
d. Is any provided recreational area suitably located and accessible to the residential units it is
intended to serve and is adequate screening provided to ensure privacy and quiet for
neighboring residential uses; Not applicable.
e. Open space shall be provided in accordance with article 27 of this chapter; and
This development does not demand any open space requirements.
f. Park land shall be provided in accordance with article 27 of this chapter; This development does not demand any park land requirements.
9. Building location and height;
Please see Staff’s analysis of building location and height under the Certificate of Appropriateness (COA) Standards criteria beginning on page 9 of this report.
10. Setbacks;
A portion of the development does not satisfy the minimum watercourse and rear yard setbacks required
by the Unified Development Code. Please see Staff’s analysis of setbacks under the deviation criteria beginning on page 11 of this report.
11. Lighting;
Code provisions requires that all outdoor lighting shall be aimed, located, designed, fitted and
maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property.
12. Provisions for utilities, including efficient public services and facilities; The Water/Sewer Superintendent is requiring an inspection of the property’s water service to determine whether the water service has backflow protection and if such protection is installed that the device is
appropriate for the level of use for the facility.
13. Site surface drainage and stormwater control; A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to
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remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. Additionally, a Storm Water Management Permit (SMP) must be submitted and approved by
the City Engineer prior to Final Site Plan Approval.
14. Loading and unloading areas;
The parking conditions are greatly improved with the proposed development by moving the parking area for both residences to the rear of the lot. The front driveway and parking area is removed in
coordination with the garage addition. Parking is more appropriate to occur off the rear alley.
15. Grading;
Significant modifications to the existing site grading are not proposed with this application.
16. Signage;
No signage is proposed with this application.
17. Screening; No ground mounted mechanical equipment, including, but not limited to utilities, air
exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and
will be properly screened with an opaque solid wall and/or adequate landscape features.
18. Overlay district provisions; Please see Staff’s analysis of the Certificate of Appropriateness (COA) Standards criteria beginning on
page 9 of this report.
19. Other related matters, including relevant comment from affected parties;
The Department of Planning and Community Development received one letter of public comment in support of this proposal. The letter was sent by a David Lockie who owns the property at 317 and 323
Lindley Place, which is located across Koch Street to the north.
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; or
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.
Per condition #1 on page 2 of this staff report, the applicant shall aggregate the property lots comprising
the subject property through a subdivision exemption application submitted to the Department of
Planning prior to the issuance of a demolition and/or building permit.
21. Compliance with article 8 of chapter 10 of this Code; This development does not demand any workforce housing requirements.
22. Phasing of development. Section 38.16.050 “Standards for Certificates of Appropriateness”
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
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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 principal household structure on the site is not considered historically significant as it was moved to
the site in the 1990s and has existed on the current site for less than 50 years. Additionally, the secondary household structure has undergone significant alterations over the past years and is not
considered a historically significant structure.
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:
1. Height;
The height of the garage addition and porch additions are appropriately at a one-story height, which is
subordinate to the house and closer to ground level.
Principal house remodel and additions
The secondary house is appropriately subordinate in height the house along Koch Street; it is 14 feet less
in height than the principal house.
Secondary house
2. Proportions of doors and windows;
The remodel includes replacement of several of the existing house windows. The replacement windows
are slightly more contemporary in style than the existing one-over-one windows, but they maintain a
traditional solid-to-void ratio (overall, more wall than window).
Principal house remodel and additions
The design and location of windows on the secondary house are contemporary in style but are found as
appropriate for the new construction.
Secondary house
3. Relationship of building masses and spaces;
The garage addition is at the rear of the building and is set back to minimize the visual impacts along
East Koch Street.
Principal house remodel and additions
The secondary house is appropriately located to the rear of the lot, set back significantly from the principal house’s front wall plane. The house is also located outside of the minimum 35-foot
watercourse setback, but is located within the minimum 20-foot rear yard setback. This encroachment is
necessary to improve the parking condition on the site. All of the required parking for the property is
appropriately moved to the rear of the lot with access from the alley.
Secondary house
4. Roof shape;
The porch and garage additions are using appropriate shed roof forms. The principal gable roof of the
existing house is preserved with the remodel.
Principal house remodel and additions
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A shed roof form is proposed for the secondary structure, which helps to distinguish it as a subordinate
structure to the principal house.
Secondary house
5. Scale;
The one-story height of all the additions helps to step the height of the building down closer to the street,
creek and alley.
Principal house remodel and additions
The secondary house is smaller in building footprint than the principal house, by about 1,300 square feet. The smaller scale of the secondary house helps to distinguish it as the subordinate structure on the
property.
Secondary house
6. Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures;
The remodeled front porch retains its orientation to the Koch Street. Though the front door will no
longer be viewed from Koch Street, the primary entrance of the house continues to be appropriately
defined by the front porch.
Principal house remodel and additions
The secondary structure faces the rear alley and the front door is appropriately oriented in that direction.
Secondary house
7. Architectural details;
The remodel of the principal house is a great example of contemporary interpretations of traditional
details. The contemporary porch design provides visual interest at the street level while conveying the
fact that the additions are new construction.
Principal house additions
There is minimal architectural detailing on the secondary house. Similar building materials are used on
both houses, helping the two appropriately relate to one another.
Secondary house
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
No ground mounted mechanical equipment, including, but not limited to utilities, air
exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and
will be properly screened with an opaque solid wall and/or adequate landscape features.
9. Materials and color schemes (any requirements or conditions imposed regarding color schemes
shall be limited to the prevention of nuisances upon abutting properties and prevention of
degradation of features on the property in question. Color schemes may be considered as primary
design elements if a deviation from the underlying zoning is requested) Staff is requiring the building elevation drawings be revised so to better identify which existing
windows on the principal house are being retained and which are being replaced. This is to help Staff
better be able to review the future building permit drawings.
There is minimal architectural detailing on the secondary house. Similar building materials are used on both houses, helping the two appropriately relate to one another. The building materials appear similar
to those used traditionally in the surrounding neighborhood.
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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.
The remodel of the principal house is a great example of contemporary interpretations of traditional details. None of the contemporary additions destroy historically significant structures and is compatible
with the foregoing elements of the 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 Design Guidelines for the Neighborhood Conservation Overlay District publication was utilized in the above review of the project design.
E. Conformance with other applicable development standards of this chapter.
The site plan review criteria were applied to this proposal and are included in this report beginning on
page 4.
Two deviations from the Bozeman Municipal Code are required for the proposed project.
• The first is requested from Section 38.23.100, “Watercourse Setback,” to allow the side patio/deck addition to the principal household structure to encroach up to 10 feet into the required 35-foot Bozeman Creek watercourse setback, which will supply a 25-foot watercourse
setback (encroachment ranges between 4 and 10 feet); and
• The second is from Section 38.08.050, “Yards,” to allow the secondary residential structure to encroach 7 feet and 4 inches into the required 20-foot rear yard setback, which will supply a 12 foot and 6 inch rear yard setback.
The required criteria for granting deviations are examined in the following section, beginning on page
12. F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2.
This application did not apply for tax abatement.
Section 38.16.070 “Deviations from Underlying Zoning Requirements” Because the development of much of historic Bozeman preceded zoning, subdivision and
construction regulations, many buildings within the conservation district do not conform to
contemporary zoning standards. In order to encourage restoration and rehabilitation activity that would contribute to the overall historic character of the community, deviations from underlying zoning requirements may be granted as described in article 35 of this chapter.
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Deviation #1, requested from Section 38.23.100, “Watercourse Setback,” to allow the side patio/deck addition to the principal household structure to encroach up to 10 feet into the required 35-foot Bozeman
Creek watercourse setback, which will supply a 25-foot watercourse setback (encroachment ranges
between 4 and 10 feet);
The criteria for granting deviations from the underlying zoning requirements are: A. Modifications shall be more historically appropriate for the building and site in question and
the adjacent properties, as determined by the standards in section 38.16.050, than would be
achieved under a literal enforcement of this chapter;
The front yard of the principal structure extends from Koch Street to down and around to the Bozeman
Creek bank. Even before the principal structure was added to the site in the 1990’s this was the pattern
of the property. Porches serve as a transition area from the street to the house and also are an essential
element of the streetscape. They provide human scale to the house and offers interest to pedestrians.
Staff finds both porch additions, front and side, as appropriate because it allows the principal house to better address the property’s streetscape and front yard area.
It is the determination of Staff that with the recommended conditions of approval this application creates
a project which will be more historically appropriate for the site and surrounding neighborhood in
question and thus fulfills Criteria A of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Code.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof; and
Due to the location at the end of the Koch Street right-of-way, the porch additions will have no adverse effect on abutting properties. Rather, the porch additions will have a positive effect on the Koch Street
streetscape. Additionally, the side porch does not interfere with the trail connection over Bozeman
Creek
It is the determination of ADR Staff that with the recommended conditions of approval this application creates a project which will have minimal adverse effect on abutting properties and thus fulfills
Criteria B of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman
Unified Development Code.
C. Modifications shall assure the protection of the public health, safety and general welfare. The proposed side patio is located outside of the 100 year floodplain and therefore, will assure the
protection of public health and safety.
Therefore, it is the determination of ADR Staff that with all the recommended conditions of approval
and code provisions, that the protection of health, safety and general welfare is assured and thus fulfills Criteria C of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the
Bozeman Unified Development Code.
Deviation #2, requested from Section 38.08.050, “Yards,” to allow the secondary residential structure to encroach 7 feet and 4 inches into the required 20-foot rear yard setback, which will supply a 12 foot and 6 inch rear yard setback.
The criteria for granting deviations from the underlying zoning requirements are:
A. Modifications shall be more historically appropriate for the building and site in question and
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the adjacent properties, as determined by the standards in section 38.16.050, than would be achieved under a literal enforcement of this chapter; The secondary house has historically been located within the minimum 20-foot rear yard setback.
Therefore, continuing the encroachment with the new construction is more historically appropriate for
the site. The new construction will decrease the existing encroachment by approximately 8-1/2 feet so to provide more parking area for the principal house.
It is the determination of Staff that with the recommended conditions of approval this application creates
a project which will be more historically appropriate for the site and surrounding neighborhood in
question and thus fulfills Criteria A of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Code.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof;
The secondary house will decrease the existing rear yard setback encroachment by approximately 8-1/2
feet. This reduction in encroachment provides a greater buffer between the alley right-of-way and the
secondary structure.
It is the determination of ADR Staff that with the recommended conditions of approval this application creates a project which will have minimal adverse effect on abutting properties and thus fulfills
Criteria B of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman
Unified Development Code.
C. Modifications shall assure the protection of the public health, safety and general welfare. The new secondary structure is located outside of the minimum 35-foot watercourse setback to ensure
protection of the public health and safety. It is also located outside of the 100 year floodplain. Public
health and safety is also protected by relocating the required parking for the principal structure off East
Koch Street to the rear alley.
Therefore, it is the determination of ADR Staff that with all the recommended conditions of approval
and code provisions, that the protection of health, safety and general welfare is assured and thus
fulfills Criteria C of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the
Bozeman Unified Development Code.
Conclusion/Recommendation
The Development Review Committee and City Staff have reviewed the Persons Creek House
Renovation Preliminary Site Plan and Certificate of Appropriateness with Deviations application and
recommend the City Commission approve the application with the conditions outlined in this report, beginning on page 2. The applicant must comply with all provisions of the Bozeman Unified
Development 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.
Attachments: Application materials/drawings
Report Sent to: Jacquie Persons, 310 East Koch Street, Bozeman, MT 59715 and Comma-Q Architecture, 109 North Rouse
Avenue #1, Bozeman, MT 59715
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
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 Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet:
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Page 3
(Certificate of Appropriateness Checklist 2 – Prepared 11/25/03; revised on 9/8/04, revised 11/14/11)
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 38.19.050 (Sketch Plan
Review), Section 38.19.150 (Amendments to Sketch and Site Plans) or Section 38.19.170 (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
8. Stormwater Management Permit Application required
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 38.35.050
(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 38.17 (Entryway
Corridor Overlay District), BMC.
4. Stormwater Management Permit Application required
48
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. 20,000 or more square feet of exterior storage of materials or goods
4. Parking for more than 90 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 38.40, 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, covered and
uncovered bicycle parking, 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
Page 3
(Site Plan Checklist – Prepared 12/05/03; revised 9/22/04; revised 7/24/07, revised 11/14/11)
49
Page 4
General Information, continued Yes No N/A
13. The information required by Section 38.41.060.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 38.41.050.H, BMC (Noxious Weed Management and Revegetation
Plan)
18. Drafts of applicable supplementary documents as set forth in Chapter 38.38, BMC
(Supplementary Documents)
19. Stormwater Management Permit Application required
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 38.31, BMC (Bozeman
Floodplain Regulations) if not previously provided with subdivision review
50
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 B.M.C. Chapter 40 Article 4 storm drainage ordinance and 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 38.28, 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. Permanent and construction period 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 38.41.060.18, 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 38.41.100, 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 38.27, 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 38.41.060.16, BMC shall be provided.
27. Describe how the site plan will satisfy any requirements of Article 8 Section 10, 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 Article 8 Section 10, BMC compliance requirements and to make the
obligations placed on the affected lots and dwellings readily understandable.
51
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 38.26.060, 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 38.23.100, 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
52
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54
Page 1 of 2
ADJOINERS LIST
Date: August 17, 2012
Following is a list of all adjoining property owners within 200 feet of the
B. Creek House Renovation Project located at 600 North Wallace Ave.
PROPERTY ADDRESS PROPERTY OWNER MAILING ADDRESS
1. 330 LINDLEY PL PHILLIP & GABRIELLA NELSON 1550 CLARENDON BLVD #705 ARLINGTON, VA 22209
2. 326 LINDLEY PL SAAM REAL ESTATE INCORPORATED 7177 JADE HILL LN BOZEMAN, MT 597158398
3. 322 LINDLEY PL STEVEN P. & MARIANNE C. LIEBMANN, BURTON DONALD
7177 JADE HILL LN BOZEMAN, MT 597158398
4. 320 LINDLEY PL SAAM REAL ESTATE INC, MARIANNE LIEBMANN
7177 JADE HILL LN BOZEMAN, MT 597158398
5. 329 LINDLEY PL FLORENCE I. GEIGER 329 LINDLEY PL BOZEMAN, MT 597154834
6. 323 LINDLEY PL DAVID D. & JENNIE L. LOCKIE 317 LINDLEY PL BOZEMAN, MT 597154834
7. 317 LINDLEY PL DAVID D. & JENNIE L. LOCKIE 317 LINDLEY PL BOZEMAN, MT 597154834
8. 304 E KOCH ST.
PAOLA FEHER 304 E KOCH ST BOZEMAN, MT 597154831
9. 226 E KOCH ST DVS226 LLC PO BOX 1594 BOZEMAN, MT 597711594
55
Page 2 of 2
10. 222 E KOCH ST ELIZABETH A. KUDRNA 222 E KOCH ST APT A BOZEMAN, MT 597156221
11. 216 E KOCH ST MITCHELL B. JR & KAREN R. STEWART 1128 E BABCOCK ST BOZEMAN, MT 597153835
12. 406 BOGERT PL WILLIAM L. & MARIAH A. & MATHEW B. MCCALLUM
406 BOGERT PL BOZEMAN, MT 597154805
13. 412 BOGERT PL BRUCE D. & MARY LOUISE MCCALLUM
412 BOGART PL BOZEMAN, MT 597154805
14. 405 E STORY ST MARGARET L. KINSEY 405 E STORY ST BOZEMAN, MT 597154854
15. 409 E STORY ST
NELLIE LIVING TRUST MCCALLUM 409 E STORY ST BOZEMAN, MT 597154854
16. 313 E STORY ST HOMES 4 RENT INC & JOY A. & RANDY L. WHITE
25 RODEO CT BOZEMAN, MT 597187861
17. 305 E STORY RD ANDREW & JENNA HOGAN 305 E STORY ST BOZEMAN, MT 597154852
18. 301 E STORY ST BRIT T FONTENOT & KRISTINA L. ALLISON 301 E STORY ST BOZEMAN, MT 597154852
19. 223 E STORY ST JEFFREY W. YEATON & SUSAN M. ANDERSON
PO BOX 465 COTTESLOE
20. 219 E STORY ST MARK D. PEARSON 219 E STORY ST BOZEMAN, MT 597154850
56
DATE:PROJECT #:ORIGINAL DRAWING SIZE: 24" x 36"DATE1This drawing is not intended, norshall it be used for construction,unless the signed professionalstamp of a registered architectemployed by Comma-QArchitecture, Inc. is affixed2345CONSULTANTSNO.REVISIONSDESCRIPTIONQ:\_Jobs12\10 Persons Residence\5 CD\Drawings\Revit\1210 Persons Residence Bozeman CD 081212 Laura.rvt9/10/2012COA 012-10Cover Sheet50% CDsB. Creek House Renovation310 East Koch Steet, Bozeman MontanaRENOVATION ATB. Creek House RenovationBozeman, MT 59715PRELIMINARY SITE PLAN / COA SUBMITTAL-PROJECT INFORMATIONOWNER:Jacquie Persons310 E. Koch StreetBozeman, MT 59715ARCHITECT:Comma-Q Architecture, Inc.109 N. Rouse Ave #1Bozeman, MT 59715Phone: 406.585.1112CONTACT: Ben Lloyd, Laura LandonSTRUCTURAL ENGINEER:Johnson Structural Engineering, Inc.2912 Annie StreetBozeman, MT 59718Phone: 406.585.2939CONTACT: Larry JohnsonTABLE OF CONTENTSPROJECT NARRATIVE-VICINITY MAPE. KOCH STREETS. BOZEMAN AVEZONING MAPCOMMUNITY PLAN LAND USE MAPLAND USE INVENTORY MAPZoning Designation -R2, Residential Medium DensityCommunity Plan Land Use Designation - ResidentialR2PARKS, OPENSPACE, ANDRECREATIONALLANDSRESIDENTIALLand Use Inventory - Duplex/Triplex ResidentialPROJECTSITE-E. STORY STREETLINDLEY PLACER4E. KOCH STREETS. BOZEMAN AVEPROJECTSITEE. STORY STREETLINDLEY PLACEProperty is located in the conservationoverlay district and in the Bogert ParkNeighborhood AssociationE. KOCH STREETS. BOZEMAN AVEPROJECTSITEE. STORY STREETLINDLEY PLACEE. KOCH STREETS. BOZEMAN AVEPROJECTSITEE. STORY STREETLINDLEY PLACELot Area (appox) - 18 736 sfLegal Description :The E 43.8 ft of Lot 4 & W 57.45 ft of Lot 3,Guys Second Addition to BozemanThe property at 310 West Koch sits across Bozeman Creek from Bogert Park. The existingprimary residence was moved from Park County to this idyllic site in the early 1990s. At the timeof the move, the existing secondary residence was in its current location and was the primaryresidence on the site.This project proposes remodeling and additions at the existing primary residence andreplacement of the existing secondary residence.Work at the primary residence includes replacing the existing front porch with a new partiallyenclosed front porch to create a more integrated street facade and entry sequence. All existingwindows will be replaced with new aluminum clad wood windows. New window openings willbe created on the East side (creek side) of the house, opening it up to the creek. A patio will beadded on the east side of the house providing an outdoor living space overlooking the creek. Anew addition at the back of the house will accommodate a Master Suite and a Mud/Room. Agarage addition is also proposed.Built on a shallow rubble foundation, the existing secondary residence is structurally unsound. Itwill be removed and replaced with a smaller, one bedroom residence.Other proposed site work includes landscaping, reducing the large paved area at the front of thehouse, and adding a driveway at the back of the house.The owner is collaborating with the City of Bozeman the Bozeman Creek Enhancement Project.The proposed project requires two deviations.Deviation One - Encroachment of new patio on the east side of the primary residenceupon the watercourse setback.Sec. 38.23.100. - Watercourse setback.A. Where a development is crossed by or is adjacent to a watercourse...1. Setback for developments granted preliminary plan or plat approval prior to July 10, 2002.These provisions shall apply to all developments granted preliminary plan or plat approvalprior to July 10, 2002, including applicable subdivision exemptions:a.Setbacks. A minimum 100-foot setback shall be provided along both sides of the EastGallatin River. A minimum 35-foot setback shall be provided along both sides of all otherwatercourses.The existing primary residence was moved to this site in the early 1990s with minimalchanges to the exterior walls. Because of this, there currently is little connection betweenthe indoor spaces and the wonderful outdoor space on the east side of the house,adjacent to Bozeman Creek. Along with new windows on the east elevation, the patiohelps to connect the house to this outdoor asset, greatly enhancing its livability.Following is a description of how this deviation meets the requirements of UDC Section38.16.070. - Deviations from underlying zoning requirements:1. Modifications shall be more historically appropriate for the building and site in questionand the adjacent properties, as determined by the standards in section 38.16.050, thanwould be achieved under a literal enforcement of this chapter:Because the primary residence was moved to this location with minimal changes, it is notconnected to the site in a meaningful way. A historical home, built in this location, wouldlikely have a feature similar to the proposed patio that would create a connectionbetween the creek and the home. The new patio and associated changes on the Eastelevation result in a home that is more connected to it's site, thus more historicallyappropriate.2. Modifications will have minimal adverse effect on abutting properties or the permitteduses thereof.Because the proposed new patio faces away from any existing residential properties andis separated from Bogert Park by Bozeman Creek, it will not be noticeable from adjacentproperties. By increasing the livability of the home, the patio will increase the valuehome; this is often seen as positively affecting neighboring properties.3. Modifications shall assure the protection of the public health, safety and generalwelfare...The proposed new patio is not within 100 year floodplain boundaries. It will have noimpact on public health, safety, and general welfare.COA 0 Cover SheetCOA 1 Existing & Proposed Site PlansCOA 2 Proposed Exterior ElevationsCOA 3 Proposed Exterior ElevationsCOA 4 Proposed Floor Plans & Existing Structure PhotosCOA 5 Secondary Residence InformationDeviation Two - Encroachment of replacement secondary residence upon the rear yardsetback.Sec. 38.08.050. - Yards.Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:...2. Rear yard: 20 feetThe proposed secondary residence replaces an existing residence that was on the site prior tothe construction of the primary residence. This existing deteriorating house currently encroachesupon the 20 foot rear yard setback by approximately 16'-0". The proposed replacement house,smaller than the existing house, will encroach upon the rear yard setback by 7'-4".Following is a description of how this deviation meets the requirements of UDC Section38.16.070. - Deviations from underlying zoning requirements:1. Modifications shall be more historically appropriate for the building and site in question andthe adjacent properties, as determined by the standards in section 38.16.050, than would beachieved under a literal enforcement of this chapter:The existing secondary residence encroaches upon the rear yard setback. The proposedsecondary residence is sited very similarly to the existing secondary residence. As such itmaintains the historical site configuration, seen often in this neighborhood, consisting of a primaryresidence facing the street and an outbuilding sited near the alley. 2. Modifications will have minimal adverse effect on abutting properties or the permitted usesthereof.Because proposed secondary residence will have a smaller footprint than the existing secondaryresidence is will not have an adverse effect on abutting properties. It will be of a much betterquality than the existing residence and will result in increased property value; this is often seen aspositively affecting neighboring properties.3. Modifications shall assure the protection of the public health, safety and general welfare...The proposed secondary residence will have no impact on public health, safety, and generalwelfare.57
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W EXISTING GAS LINEGEXISTING SANITARYSEWER LINESSEXISTING WATERLINEWNEW WATER LINEWGSSWWGSSSSGGSSWWGSSSSGK O C HS T R E E TGSSWWWGSSSSGA L L E YEXISTINGRESIDENCE1450 SFFOOTPRINTFRONT YARD
15' - 0"
SETBACK SIDE YARD5' - 0"SETBACKSIDE YARD5' - 0"SETBACKBACK YARD
20' - 0"
SETBACK
REPLACEMENTSECONDARYRESIDENCE800 SF FOOTPRINTPHASE 2BOZEMAN CREEKEDGE OF HIGHWATERGROUND TRUTHED100 YEARFLOODPLAINSGL LEVEL ADDITIONSTO RESIDENCE620 SF FOOTPRINTFOOTPRINT OFEXISTINGSECONDARYRESIDENCEGARAGEADDITION688 SF FOOTPRINTWRE-ROUTEWATER LINEAROUND NEWGARAGE(N)PARKINGSPACE(N)PARKINGSPACEEXISTINGWELLREDUCE SIZEOF CONC. PADNEWLANDSCAPEDBERMSS(N)PARKINGSPACE(N) CONC.DRIVEWAY7' - 4" Encroachment
GSSWWGSSSSGGSSWWGSSSSGK O C HS T R E E TGSSWWWGSSSSGA L L E YEXISTINGRESIDENCE1450 SFFOOTPRINTFRONT YARD
15' - 0"
SETBACK SIDE YARD5' - 0"SETBACKSIDE YARD5' - 0"SETBACKBACK YARD
20' - 0"
SETBACK
1325 SF FOOTPRINTBOZEMAN CREEKEDGE OF HIGHWATERGROUND TRUTHED100 YEARFLOODPLAINW(E)PARKINGSPACEEXISTINGSECONDARY RESIDENCEWATER COURSE SETBACK35' - 0"(E) CONCRETEDRIVEDATE:PROJECT #:ORIGINAL DRAWING SIZE: 24" x 36"DATE1This drawing is not intended, norshall it be used for construction,unless the signed professionalstamp of a registered architectemployed by Comma-QArchitecture, Inc. is affixed2345CONSULTANTSNO.REVISIONSDESCRIPTIONQ:\_Jobs12\10 Persons Residence\5 CD\Drawings\Revit\1210 Persons Residence Bozeman CD 081212 Laura.rvt9/10/2012COA 112-10Existing & ProposedSite Plans50% CDsB. Creek House Renovation310 East Koch Steet, Bozeman MontanaSITE LEGENDPARKING INFORMATION 1/16" = 1'-0"1Proposed Site PlanPROPOSED PARKING:PRIMARY RESIDENCE - (4) BEDROOM(4) SPACES REQUIREDSECONDARY RESIDENCE - (1) BEDROOM(1) SPACES REQUIREDIT IS PROPOSED THAT (5) SPACES WILL BEPROVIDED 1/16" = 1'-0"2Existing Site PlanLOT COVERAGE INFORMATIONEXISTING:LOT AREA (APPOX): 18 736SFRESIDENCE FOOTPRINT: 1450SFSECONDARY RESIDENCE FOOTPRINT:1325SFEXISTING LOT COVERAGE: 14.8%PROPOSED:LOT AREA (APPOX): 18 736SFRESIDENCE FOOTPRINT: 2070SFGARAGE ADDITION FOOTPRINT:688SFSECONDARY RESIDENCE FOOTPRINT:800SFPROPOSED LOT COVERAGE: 19%PROPOSED LOT COVERAGE, DRIVEWAY ANDPARKING:5%ALLOWED LOT COVERAGE PER UDO SECTION38.08.030: 40%58
Main Level - T.O. Subfloor100' - 0"Upper Level - T.O. Subfloor110' - 0"Basement - T.O. Slab91' - 6"(E) WOOD SIDING & TRIM TOREMAIN, REPAINT, TYPICAL(N) EXPOSED WOODSTRUCTURE TYPICAL(N) ALUM. CLAD WOODWINDOWS AND PATIO DOORS,TYPICAL(N) WOOD SHINGLESIDINGGARAGE ADDITION(N) WOOD PATIOFUTURE SOLARPANELS(N) METAL ROOF EDGE(N) CONCRETE WALL(N) STANDING SEAMMETAL ROOFING(N) LANDSCAPED BERM(N) WOOD SHIP LAPSIDING(N) WOOD SHINGLESIDING13' - 8"(N) WOOD SHINGLESIDINGMain Level - Secondary Residence97' - 0"Main Level - T.O. Subfloor100' - 0"Upper Level - T.O. Subfloor110' - 0"Basement - T.O. Slab91' - 6"EXISTING RESIDENCE28' - 0" HEIGHT OF(E) WOOD SIDING TO REMAIN,REPAINT, TYPICALEXISTING (E) WOOD TRIM TOREMAIN, REPAINT, TYPICALNEW (N) WOOD SHINGLESIDING(E) ASPHALT SHINGLE ROOF TOREMAIN, TYPICAL(N) ALUM. CLAD WOODWINDOW, TYPICAL(N) CHIMNEY W/ MASONRYVENEERNEW (N) STANDING SEAMMETAL ROOF(N) EXPOSED WOOD STRUCTUREW/ STEEL BRACKETS &DECORATIVE TIES.CONCRETE STEPSCONCRETE WALL(N) LANDSCAPED BERMMain Level - Secondary Residence97' - 0"DATE:PROJECT #:ORIGINAL DRAWING SIZE: 24" x 36"DATE1This drawing is not intended, norshall it be used for construction,unless the signed professionalstamp of a registered architectemployed by Comma-QArchitecture, Inc. is affixed2345CONSULTANTSNO.REVISIONSDESCRIPTIONQ:\_Jobs12\10 Persons Residence\5 CD\Drawings\Revit\1210 Persons Residence Bozeman CD 081212.rvt8/20/2012COA 212-10Proposed ExteriorElevations50% CDsB. Creek House Renovation310 East Koch Steet, Bozeman Montana 1/8" = 1'-0"1East 1/8" = 1'-0"2NorthP R O P O S E D M A T E R I A L SP R O P O S E D M A T E R I A L SEXISTING WOOD SIDING TO BE ANDTRIM, REPAINTEDNEW WOOD SHIP LAP SIDING,SEALED AND STAINEDEXISTING SHINGLE ROOFING TO REMAIN,(N) ROOFING TO MATCHNEW WOOD SHINGLES SIDING, W/SEMI-OPAQUE STAINEXPOSED WOODSTRUCTURESTANDING SEAM METAL ROOFING,BONDERIZED59
Main Level - T.O. Subfloor100' - 0"Upper Level - T.O. Subfloor110' - 0"Basement - T.O. Slab91' - 6"(E) WOOD SIDING TO REMAIN,REPAINT, TYPICALEXISTING WOOD TRIM TOREMAIN, REPAINT, TYPICAL(N) WOOD SHINGLE SIDING(N) WOOD FASCIA, MATCHEXISTINGEXISTING ASPHALT SHINGLEROOF, TYPICAL(N) WOOD SIDINGAND TRIMFUTURE SOLAR PANELSGARAGE ADDITIONMain Level - T.O. Subfloor100' - 0"Upper Level - T.O. Subfloor110' - 0"Basement - T.O. Slab91' - 6"Main Level - Secondary Residence97' - 0"Main Level - T.O. Subfloor100' - 0"Upper Level - T.O. Subfloor110' - 0"Basement - T.O. Slab91' - 6"(E) WOOD SIDING & TRIM TOREMAIN, REPAINT, TYPICAL(N) WOOD SIDING & TRIMEXISTING ASPHALT SHINGLEROOF, TYPICALFUTURE SOLAR PANELSMain Level - T.O. Subfloor100' - 0"Upper Level - T.O. Subfloor110' - 0"Basement - T.O. Slab91' - 6"Main Level - Secondary Residence97' - 0"DATE:PROJECT #:ORIGINAL DRAWING SIZE: 24" x 36"DATE1This drawing is not intended, norshall it be used for construction,unless the signed professionalstamp of a registered architectemployed by Comma-QArchitecture, Inc. is affixed2345CONSULTANTSNO.REVISIONSDESCRIPTIONQ:\_Jobs12\10 Persons Residence\5 CD\Drawings\Revit\1210 Persons Residence Bozeman CD 081212.rvt8/20/2012COA 312-10Proposed ExteriorElevations50% CDsB. Creek House Renovation310 East Koch Steet, Bozeman Montana 1/8" = 1'-0"1South 1/8" = 1'-0"2WestP R O P O S E D M A T E R I A L SP R O P O S E D M A T E R I A L SP R O P O S E D M A T E R I A L SP R O P O S E D M A T E R I A L SEXISTING WOOD SIDING TO BE ANDTRIM, REPAINTEDNEW WOOD SIDING, SHIP LAP,SEALED AND STAINEDEXISTING SHINGLE ROOFING TO REMAINNEW WOOD SHINGLES, W/ SEMI-OPAQUE STAINEXPOSED WOODSTRUCTURESTANDING SEAM METAL ROOFING,BONDERIZED60
DNENTRYLIVINGKITCHENDININGWALK-INCLOSETHEARTHMASTERBEDROOMMUDROOM1/2BATHLAUNDRYOFFICEAREADOG WASHSTORAGE42" REFUPDNDNMASTERBATHPANTRYBUILT-IN STO / BENCHBENCHPANTRYLINEN24' - 0"20' - 0"28' - 0"8"8' - 8"50' - 10"8' - 0"26' - 4"3' - 9"4' - 3"2' - 4"BEDROOMBATHCLOSETBEDROOMCLOSETDNBUILT-INBUILT-INROOF BELOWROOF BELOWROOF BELOWEXISTING WALL TO REMAINNEW WALL ORSTRUCTURAL ELEMENTWALL OR ITEM TO BEDEMOLISHEDDATE:PROJECT #:ORIGINAL DRAWING SIZE: 24" x 36"DATE1This drawing is not intended, norshall it be used for construction,unless the signed professionalstamp of a registered architectemployed by Comma-QArchitecture, Inc. is affixed2345CONSULTANTSNO.REVISIONSDESCRIPTIONQ:\_Jobs12\10 Persons Residence\5 CD\Drawings\Revit\1210 Persons Residence Bozeman CD 081212.rvt8/20/2012COA 412-10Proposed FloorPlans & ExistingStructure Photos50% CDsB. Creek House Renovation310 East Koch Steet, Bozeman Montana 1/8" = 1'-0"1Main Level Plan 1/8" = 1'-0"3Upper Level PlanFLOOR PLAN LEGENDEXISTING RESIDENCE : NORTH ELEVATIONEXISTING RESIDENCE : NORTH EAST CORNEREXISTING RESIDENCE : SOUTH EAST CORNEREXISTING RESIDENCE : WEST ELEVATIONEXISTING RESIDENCE : SOUTH ELEVATION61
REF.MECH /STO.BATHLIVINGBEDROOMCLO.CLO.KITCHEN24' - 0"32' - 0"12' - 4"7' - 4"Main Level - Secondary Residence97' - 0"(N) METAL ROOFING(N) WOOD SHIP LAP SIDING(N) WOOD SHINGLE SIDINGEXPOSED WOODSTRUCTUREMain Level - Secondary Residence97' - 0"(N) WOOD SHIP LAP SIDING(N) WOOD SHINGLE SIDINGEXPOSED WOODSTRUCTURE15' - 9"DATE:PROJECT #:ORIGINAL DRAWING SIZE: 24" x 36"DATE1This drawing is not intended, norshall it be used for construction,unless the signed professionalstamp of a registered architectemployed by Comma-QArchitecture, Inc. is affixed2345CONSULTANTSNO.REVISIONSDESCRIPTIONQ:\_Jobs12\10 Persons Residence\5 CD\Drawings\Revit\1210 Persons Residence Bozeman CD 081212 Laura.rvt9/17/2012COA 512-10SecondaryResidenceInformationPlanning AppB. Creek House Renovation310 East Koch Steet, Bozeman Montana 1/8" = 1'-0"1Secondary Residence Main Level Plan 1/8" = 1'-0"3Secondary Residence - West Elevation 1/8" = 1'-0"4Secondary Residence - North Elevation 1/8" = 1'-0"5Secondary Residence - East Elevation 1/8" = 1'-0"2Secondary Residence - South ElevationP R O P O S E D M A T E R I A L SP R O P O S E D M A T E R I A L SP R O P O S E D M A T E R I A L SP R O P O S E D M A T E R I A L SNEW WOOD SIDING, SHIP LAP,SEALED AND STAINEDNEW WOOD SHINGLES, W/ SEMI-OPAQUE STAINEXPOSED WOODSTRUCTURESTANDING SEAM METAL ROOFING,BONDERIZEDEXISTING SECONDARY RESIDENCE : SOUTH ELEVATIONEXISTING SECONDARY RESIDENCE: SOUTH WEST CORNEREXISTING SECONDARY RESIDENCE: NORTH ELEVATIONEXISTING SECONDARY RESIDENCE: EAST ELEVATIONEXISTING SECONDARY RESIDENCE : NORTH ELEVATION62
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Keri Thorpe, Assistant Planner
Tim McHarg, Planning Director
SUBJECT: A Certificate of Appropriateness application including a deviation request
to allow the construction of a garage/studio in the rear yard of 615 N. Black Avenue. The
deviation is required to allow the construction of an accessory structure which is taller than the
principal structure. The property is zoned R-4 (Residential, High Density) and lies within the
Neighborhood Conservation Overlay District (NCOD).
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Action Item (quasi-judicial)
RECOMMENDATION: Staff finds that the application, with conditions and code provisions,
is in general compliance with the adopted Growth Policy, the City of Bozeman Unified
Development Code and NCOD guidelines. Staff recommends approval of the deviation request.
SUGGESTED MOTION: “Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the findings
presented in the staff report for application #Z-12214 and move to approve the application
with the recommended conditions and subject to all applicable code provisions.”
BACKGROUND: The Certificate of Appropriateness application proposes the demolition of
the existing accessory structure in the rear yard at 615 N. Black Avenue. The existing accessory
structure lacks a foundation, is in poor condition, does not meet current setback requirements and
has not been deemed a contributing element within the NCOD. Following demolition, a new garage/studio will be constructed. The proposed structure will meet the required rear and side
yard setbacks, however, one deviation has been requested from Section 38.21.050.E, “Accessory
Buildings, Uses and Equipment”, of the Bozeman Unified Development Code. Granting this
deviation will allow the accessory structure to exceed the height of the principal structure. As currently proposed, the accessory structure would be 7 feet 1 ½ inches taller than the principal structure.
The principal structure stands only 11 feet, 6 inches tall and is atypical in design for the
neighborhood with a relatively flat roof with parapet walls. It would be difficult to design a functional garage that does not exceed the height of this unusual principal structure. The neighborhood pattern along the alley is one where an eclectic mixture of accessory structures
already exists and includes tall accessory structures adjacent to the alley. Given the presence of
other tall and/or large accessory structures, the applicant’s proposal fits within the existing
character of the alley.
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UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: In addition to the Staff recommendation, the City Commission has the following alternative actions available:
1. Approve the application with modifications to the Staff recommended conditions;
2. Deny the application based on a finding of non-compliance with applicable criteria; or
3. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information.
FISCAL EFFECTS: None.
Attachments: Applicant’s materials Report compiled on: September 20, 2012
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 1
City Commission Staff Report for Groueff
Garage/Studio in a R-4 District- COA/DEV
File #Z-12214
Item: A Certificate of Appropriateness application including a deviation request to allow the
construction of a garage/studio in the rear yard of 615 N. Black Avenue which is 7 feet 1 ½ inches taller than the principal structure. The existing shed is in poor condition and does not meet current setback requirements. The applicant proposes demolishing this structure. The proposed garage/studio meets
current setback requirements. The property is zoned R-4 (Residential, High Density) and lies within the
Neighborhood Conservation Overlay District (NCOD).
Owner: Paul Groueff, 615 N. Black Avenue, Bozeman, MT Applicant: Graham Goff, Graham Goff Architecture, 201 S. Wallace Ave., Bozeman, MT
Date: City Commission meeting, October 1, 2012, 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Keri Thorpe, Assistant Planner
Recommendation: Conditional Approval
Recommended Motion: I move to approve application Z-12214 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria.
______________________________________________________________________________
Project Location The property is addressed as 615 N. Black Avenue and is legally described as Lots 5-6, Block 46 of the Imes Addition, Section 6, T2S, R6E, Plat C-41, City of Bozeman, Gallatin County, Montana.
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 2
Proposal/Background
The Certificate of Appropriateness application proposes the demolition of the existing accessory structure in the rear yard at 615 N. Black Avenue. The existing accessory structure lacks a foundation, is
in poor condition, does not meet current setback requirements and has not been deemed a contributing
element within the NCOD. Following demolition, a new garage/studio will be constructed. The
proposed structure will meet the required rear and side yard setbacks, however, one deviation has been
requested from Section 38.21.050.E, “Accessory Buildings, Uses and Equipment”, of the Bozeman Unified Development Code. Granting this deviation will allow the accessory structure to exceed the
height of the principal structure. As currently proposed, the accessory structure would be 7 feet 1 ½
inches taller than the principal structure.
The Montana Historical and Architectural Inventory record indicates the principal dwelling was constructed in 1937 and may have been a garage previously. There is no date of construction for the
existing rear yard shed/garage. It does not appear on the 1927 Sanborn Fire Insurance Maps so was
constructed sometime after 1927.
The principal structure stands only 11 feet, 6 inches tall and is atypical in design for the neighborhood with a relatively flat roof with parapet walls. It would be difficult to design a functional garage that does
not exceed the height of this unusual principal structure. The neighborhood pattern along the alley is one
where an eclectic mixture of accessory structures already exists and includes tall accessory structures
adjacent to the alley. Given the presence of other tall and/or large accessory structures, the applicant’s
proposal fits within the existing character of the alley.
Recommended Conditions of Approval
Based on the subsequent analysis, Staff finds that the application, with conditions and code provisions,
is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended.
Recommended Conditions:
1. The studio space is not approved for the establishment of a home based business. Home based
businesses in accessory structures in R-4 zoning districts may only be established through the
conditional use permit process.
2. The studio space is not approved for use as an accessory dwelling unit. Such use will require additional review and compliance with standards for accessory dwelling units.
3. Prior to issuance of a demolition or building permit, the applicant shall consolidate the two
underlying lots that comprise the subject property through a subdivision exemption process or
through a separate legal instrument approved by the City Attorney.
4. Trees exceeding 6 inches in diameter on the property shall be identified and preserved to the greatest extent feasible.
5. Any damaged sidewalk panels fronting the property shall be replaced. 6. Each building shall have a separate service line from the building to the sewer main, with the
following exception: Accessory Dwelling Units (ADUs) may share sewer service with the service
from the primary dwelling unit on the lot, provided that the service is television inspected at the
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 3
owner’s expense, and the Water/Sewer Superintendent determines that the service is in an acceptable
condition for shared use. Contact the Water and Sewer Division at 582-3200 for additional
information.
7. Color scheme shall be selected so not to increase the perceived mass of the structure. White or bright colors shall be avoided for exterior walls. A color palette shall be provided prior to issuance of building permit.
Code Provisions:
8. Per Section 38.01.080 & 38.34.110, 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.
9. Per Sec. 38.21.050.F, “Accessory Buildings and Equipment”, roof top mounted and ground
mounted mechanical equipment shall be screened.
10. Per Section 38.23.130.A.2, “Fences, walls and hedges”, fences, walls and hedges, in any
district may be located on lot lines provided such fences, walls and hedges comply with the following height requirements: Do not exceed four feet in height in any required front yard.
11. Per Section 38.23.150.F, “Lighting Specifications for All Lighting, For all exterior light
fixtures, the light source and associated lenses shall not protrude below the edge of the light
fixture, and shall not be visible from adjacent streets or properties. For lighting horizontal areas
such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral angle around the fixture).
12. Per Section 38.34.100.6, 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.
Conclusion/Recommendation
The Staff has reviewed the Groueff garage/studio proposal and recommends approval of the application
with the conditions outlined in this Staff Report. The applicant must comply with all provisions of the
Bozeman Unified Development Ordinance. 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.
Zoning Designation & Land Uses
The subject property is a single household residence, zoned R-4 (Residential, high density). The intent of the R-4 residential high density district is to provide for high-density residential development through a
variety of housing types within the city with associated service functions. This will provide for a variety of
compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area.
The following land uses and zoning are adjacent to the subject property:
North: Single Household Residence, zoned R-4
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 4
South: Single Household Residence, zoned R-4
East: Single Household Residence, zoned R-4
West: Single Household Residence, zoned R-4
Adopted Growth Policy Designation
The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as Residential. This category designates places where the primary activity is urban density dwellings.
Other uses which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be established in
close proximity to commercial centers to facilitate the provision of services and employment
opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to
commercial centers. The residential designation indicates that it is expected that development will occur
within municipal boundaries, which may require annexation prior to development
Review Criteria & Staff findings
Section 38.16.050 “Standards for Certificates of Appropriateness”
Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness approval.
In the discussion below, Administrative Design Review (ADR) Staff evaluated the applicant's request in light of these standards.
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 project does not involve the removal or modification of any structures which have been deemed historic and therefore the Secretary of the Interior’s Standards for Rehabilitation of Historic
Properties do not apply to this project.
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:
1. Height: The proposed height of the new garage/studio is 7 feet 1 ½ inches taller than the
principal structure. Given the eclectic mixture of accessory structures along this alley and the
unusual roof form and height of the principal structure, staff finds this acceptable. On the same block at 623 N. Black, the accessory structure exceeds the height of the principal structure.
2. Proportions of doors and windows: The doors and windows proposed with the studio addition
mimic the size and location of the windows found on the accessory structure being demolished.
3. Relationship of building masses and spaces: The footprint of the proposed accessory
garage/studio is less than the existing structure. Although it is taller, its perceived mass is less
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 5
than that of other tall accessory structures on the east side of the alley. The roof shape (pitched
roof with dormers) breaks up the perceived mass of the structure. Its location in the rear yard,
conformance with current setback requirements and location to the north side of the lot maintains
the existing alley character and is appropriate in this context.
4. Roof shape: The roof is of a form and pitch seen in other structures in the neighborhood.
Specifically is has a pitched roof with dormer windows.
5. Scale: Scale is defined as “The size of the structure as it appears to the pedestrian” in the NCOD guidelines. As such, the scale of this structure will not seem out of place since the applicant
proposes to set the structure back 8 feet from the rear property line. The existing structure is
located on the rear property line.
6. Directional expression: The proposed garage is side loaded, like other detached garages on the alley, thus retaining the historic directional expression of the garage.
7. Architectural details: The applicant proposes wood “drop” siding, wood trim and 3 windows
on the west elevation to replicate the materials and details of the existing garage.
8. Concealment of non-period appurtenances, such as mechanical equipment: The applicant
has been notified that screening of mechanical equipment is required (see code provisions).
9. Materials and color scheme: The materials proposed are appropriate. A color scheme has not
been proposed, so staff added a condition to minimize a potential nuisance related to the requested deviation.
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.
The proposed garage/studio is appropriate within the context of this neighborhood and fitting for the
neighborhood character.
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 Design Guidelines have been incorporated into the above review of the application.
E. Conformance with other applicable development standards of this title. Said application would permit the construction of an accessory structure which is taller than the
principal structure. One deviation is required from Section 38.21.050.E, “Accessory Buildings, Uses
and Equipment”, of the Bozeman Unified Development Code. Granting this deviation will allow the accessory structure to exceed the height of the principal structure. As currently proposed, the accessory
structure would be 7 feet 1 ½ inches taller than the principal structure.
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 6
The required criteria for granting deviations are examined in the following section.
Section 38.16.070 “Deviations from Underlying Zoning Requirements”
Section 38.16.070 specifies the required criteria for granting deviations from the underlying zoning
requirements. In the discussion below, Administrative Design Review (ADR) Staff evaluated the
applicant's request in light of these criteria.
A. Modifications shall be more historically appropriate for the building and site in question, and the adjacent properties, as determined by the standards in § 38.16.050 of this chapter, than would be achieved under a literal enforcement of this title;
The proposed structure conforms in footprint, lot area, setbacks and eliminates the rear yard and side yard encroachments. The side loaded orientation of the garage is maintained. The existing buildings on
the property have not been deemed historic. The principal structure is atypical. Literal enforcement of
this title would require that the new accessory structure be less than 11 feet 6 inches tall. Creating a
functional garage within these parameters is difficult.
The proposed garage/studio is appropriate within the context of the neighborhood. This alley has an
eclectic mixture of accessory structures. The proposed structure maintains the alley character,
incorporates some of the architectural details of the original garage, is of mass and scale similar to other
structures on the block and maintains the garage’s original orientation.
It is the determination of ADR Staff that with the recommended conditions of approval this application
creates a project which will be more historically appropriate for the site and surrounding
neighborhood in question and thus fulfills Criterion A of Section 38.16.070 “Deviations from
Underlying Zoning Requirements,” of the Bozeman Unified Development Code.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof;
The proposal will eliminate existing non-conforming encroachments into the rear and side yard setbacks,
but is generally in the same location as the existing structure which is adjacent to a large accessory structure to the north.
It is the determination of ADR Staff that with the recommended conditions of approval this application
creates a project which will have minimal adverse effect on abutting properties and thus fulfills
Criterion B of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Code.
C. Modifications shall assure the protection of the public health, safety and general welfare.
It is the determination of ADR Staff that with all the recommended conditions of approval and code provisions, that the protection of health, safety and general welfare is assured and thus fulfills Criterion
C of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified
Development Code.
Summary: Based on a finding that the deviation request meets all applicable criteria, Staff
recommends approval of the deviation request.
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 7
AS THIS APPLICATION INCLUDES A REQUEST FOR A DEVIATION, THE CONCURRING
VOTE OF THREE MEMBERS OF THE CITY COMMISSION IS NECESSARY TO EFFECT
THIS DEVIATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 38.35.080 OF THE BOZEMAN MUNICIPAL CODE.
Attachments: Application Report Sent to: Paul Groueff, 615 N. Black Avenue, Bozeman, MT 59715 and Graham Goff, 201 S.
Wallace Avenue, Bozeman, MT 59715
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Existing South Elevation
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Existing North Elevation
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Existing East/South Elevations
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Existing West/North Elevations
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Groueff Proposed Garage/Studio Overview
1. Proposed demolition of existing garage/studio building that was constructed
in 1949.
• The existing structure has no viable economic or useful life remaining.
The structure has no apparent foundation resulting in extensive rot
along the exterior walls. Due to neglect by previous owners, the
building has not had an effective roof for many years causing water
damage and rot to the structural roof rafters and floor system.
• The cost to repair the existing structure exceeds the value of the
existing structure.
• The existing structure is within both the 5’ side yard setback as well as
the 6’ accessory building rear yard setback.
2. Proposed construction of a 599.25 S.F. garage and studio building
• The proposed accessory building is less than the allowable maximum
600 S.F.
• The proposed building is located in the rear yard as allowed by the
UDO.
• The proposed building is set back 8’ from the alley right of way, more
than the required 6’
• Structure occupies 15% of the area of the lot located to the rear of the
principal structure, less than the 20% allowed by the UDO.
• Proposed garage meets dimensional standards for vehicular garages.
Garage door is 9’ wide and interior finished dimensions are 12’ in width
and 20’ in length.
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
3. Required Deviation‐ Accessory Building Height UDO 38.21.050 E
• The UDO states that the height of the accessory building shall not
exceed the height of the primary structure. The proposed accessory
building is 18’‐7.5” tall while the primary structure is only 11’‐6”.
• The primary structure is atypical for the neighborhood in that it has a
flat/low slope roof with parapet walls, resulting in a usually low building
height.
• The proposed accessory building has an 8’‐0” wall height, the minimum
required for a 7’ garage door and an 8/12 pitch roof which fits with the
character of the neighborhood.
• The proposed accessory building is historically appropriate and relates
to adjacent structures along the alley in massing and scale.
• The proposed accessory building will have minimal adverse effect on
abutting properties. The building will be smaller than the existing
building and will remove a non conforming shed addition that is
currently within the 5’ side yard setback.
• The proposed accessory building poses no risks to the public health,
safety and general welfare.
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
SUBJECT: A-12006, Annexation of 10 acres located at the SE corner of the intersection of Huffine Lane and S. Cottonwood Road.
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve application A-12006 with terms as presented in the staff
report and direct the preparation of an annexation agreement.
SUGGESTED MOTION: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the findings presented
in the staff report for application A-12006 and move to approve the annexation with conditions
and subject to all applicable code provisions and direct the preparation of the required annexation agreement.
BACKGROUND: An application to annex 10 acres was received on August 8, 2012. The
parcel to be annexed is adjacent to the City on two sides and the annexation meets the criteria
from Commission Resolution 3907. The Development Review Committee recommends that the City Commission approve annexation of the property.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1) Approve or deny the requested annexation. 2) Modify the terms of
annexation.
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of any future
development.
Attachments: Annexation staff report Application materials
Report compiled on: September 20, 2012
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City Commission Staff Report for the Cresent Cross Annexation - File #A-12006
Item: Annexation #A-12006, an application requesting annexation of 10 acres
located at the SE corner of the intersection of Huffine Lane and Cottonwood Road. Applicant/Owner: Cresent Cross limited partnership
5550 Blackwood Road
Bozeman MT 59718
Representative: Madison Engineering 895 Technology Blvd, Ste 3
Bozeman, MT 59718
Date: Bozeman City Commission on Monday, October 1, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana
Report By: Chris Saunders, Assistant Director
Recommendation: Approval with Terms of Annexation ______________________________________________________________________________
Project Location
The subject property is located e SE corner of the intersection of Huffine Lane and Cottonwood Road. The 10 acres is legally described as a portion of Tract 2, Certificate of Survey 2229, Section 15, Township 2 South, Range 5 East, Gallatin County, Montana. Please refer to the vicinity map below.
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Proposal
The property owner and applicant proposes to annex the 10 acre subject property to the corporate limits
of the City of Bozeman and establish an initial municipal zoning designation of B-2 (Community Business District). The purpose of the annexation and zone map amendment request is to obtain
municipal infrastructure and services in order to develop the property for residential purposes as outlined
in the Bozeman Community Plan. The zoning is being reviewed as application Z-12200. The
underlying land use designation for the property is “Suburban Residential”. The property is currently
vacant. Recommended Terms of Annexation
Should the City Commission choose to accept the request for annexation, the Development Review
Committee (DRC) recommends the following terms of annexation be addressed prior to authorizing the
City Manager’s signature on the Annexation Agreement and formal annexation:
Recommended Terms of Annexation:
1. That the documents and exhibits to formally annex the subject property shall be identified as the
“Crescent Cross Annexation”.
2. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of
the Annexation Agreement.
3. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for improvements to Cottonwood Road and Huffine Lane, which
would provide a mechanism for the fair and equitable assessment of installation of curbs, gutters,
and sidewalks as part of the Annexation Agreement.
4. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for a Lighting District, which would provide a mechanism for the fair
and equitable assessment of installation and maintenance costs for City street lighting as part of
the Annexation Agreement.
5. An Annexation Map, titled “Crescent Cross Annexation Map” with a legal description of the
property which includes the adjoining unannexed rights-of-way and/or street access easements
for Cottonwood Road shall be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk &
Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the
Director of Public Services and City Engineer’s Office, and shall be submitted with the signed
Annexation Agreement.
6. That provisions for water rights or cash in-lieu of water rights be provided in an amount
determined by the City Engineer, prior to the City Commission adopting the Resolution of
Annexation and accepting the Annexation Agreement. As the tract is 10 acres in size provision
of the required amount is deferred until site development or subdivision.
7. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the
time of connection; and for future development, as required by Chapter 2, Bozeman Municipal
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Code, or as amended at the time of application for any permit listed therein.
8. That the applicant executes all contingencies and terms of said Annexation Agreement with the
City of Bozeman within 60 days of the receipt of the annexation agreement, or annexation approval shall be null and void.
Zoning Designation & Land Uses
The property is vacant. The following land uses and zoning are adjacent to the subject property:
North: – Designated “Community Commercial Mixed Use” on the City of Bozeman Future Land
Use Map; presently zoned a combination of Business Park and Community Business. Active
uses are banks, medical offices, car dealerships, and vacant property.
South: Unannexed county property, Municipal planned for Residential; Zoned RS, Residential Suburban by Gallatin County.
East: Unannexed County Land – Designated “Residential” on the City of Bozeman Future Land
Use Map; presently zoned as Residential Suburban in the County and developed as an industrial
site.
West: Designated “Community Commercial Mixed Use” on the City of Bozeman Future Land Use Map; presently zoned B-2 and mostly vacant with a building materials wholesaler on one
lot, also some residential open space.
Adopted Growth Policy Designation
The subject property was recently the subject of an amendment to “Figure 3-1 Future Land Use Map of
the Bozeman Community Plan. The amendment reclassified the future use of the property as
Community Commercial Mixed Use.” The Community Commercial land use designation of the
Bozeman Community Plan indicates that:
“Activities within this land use category are the basic employment and services necessary for a
vibrant community. Establishments located within these categories draw from the community as
a whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation.”
The property is concurrently being proposed for annexation which will make municipal water and sewer
service available. Development of the site with on-site well and septic services would be contrary to the growth policy. Table C-16 on page C-17 of the growth policy presents a general correlation of the growth policy designations and the various zoning districts in the City. The proposed zoning
corresponds to the future land use designation.
Figure 3-1 (Future Lane Use Map) is not the only element of the growth policy which must be considered. There are many goals, objectives, and other text which must also be evaluated. While not every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal may
comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the growth
policy compliance must be to both Figure 3-1 and the other plan elements.
The property is well within the service area for municipal services. The property is proposed for future development although no design has been submitted at this point. The application appears to conform to
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those elements of the growth policy which can be evaluated at this time. Additional review will occur
during any development proposal.
Agency Review
The Planning Department requested written summary-review comments from the Bozeman
Development Review Committee (DRC) and other applicable review agencies regarding the request for
annexation. Comments received as of the writing of this Staff Report have been outlined within this
report according to the goals and policies of City Commission Resolution No. 3907. Additional comments and/or recommendations received prior to consideration of this request for annexation will be
forwarded to the Commission as received.
Public Comment
The Department of Planning and Community Development has received no written public testimony
regarding the annexation. Any written comments received by the Planning Office specific to the
annexation will be forwarded to the City Commission prior to or at the public hearing. Interested parties
have reviewed the application file and voiced concerns to staff on possible building locations of future
development. However, these concerns are not applicable to the provision of services questions which annexation must address. They are relevant to any future site development review.
Review Criteria & Findings
Resolution No. 3907 Goals Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City.
The property in question is contiguous to the City limits on its west and north boundaries. Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size.
The subject property is not completely surrounded by the exterior boundaries of the City. Goal 3: The City shall seek to annex all property currently contracting with the City for services such as water, sanitary sewer and/or fire protection.
The subject property is not currently contracting with the City for any services. The property is presently vacant. Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for
development lying within the service boundary of the existing sewer system as depicted in the
Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman Growth Policy.
The subject property lies within the 20-year sewer service boundary as depicted in the adopted 2007
Bozeman Wastewater Facilities Plan. The property is adjacent to municipal boundaries and is near to
existing water and sewer facilities. Resolution No. 3907 Policies
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Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and
arterial streets, water rights, and waivers of right-to-protest against the creation of improvement
districts necessary to provide the essential services for future development of the city.
The Recommended Terms of Annexation include requirements for waivers of right-to-protest against the
creation of improvement districts for park maintenance and street improvements , and lighting districts
(Recommended Terms of Annexation #2-4). The annexation agreement would also require the
dedication of street and utility easements for Cottonwood Road (Recommended Term of Annexation #5). Cottonwood Road is designated as a principal arterial street in the long range transportation plan. A
pending minor subdivision for the parent parcel would also create right of way parcels for the east half
of Cottonwood Road. The adjoining right of way will be included with the annexation.
Water rights are discussed under Policy Item No. 5 later in this report.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, said amendment process may be initiated by the applicant and conducted concurrently with the processing for annexation.
The property is designated “Community Commercial Mixed Use” within the Bozeman Community Plan. This is an urban classification and anticipates annexation to the city prior to any development.
This annexation, and the applicant’s proposed B-2 zoning (#Z-12200), would be in compliance with this
designation in accordance with Table C-16 of the Bozeman Community Plan. A decision on the zoning
designation will be evaluated separately.
b. Initial zoning classifications of the property to be annexed shall be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment (#Z-12200) to establish an initial municipal zoning designation of B-2 (Community Business District) on the 10 acres. The Zoning Commission
held a public hearing on the Zone Map Amendment application on September 18, 2012, and
recommended approval of the B-2 zone. (The zone map amendment and the Zoning Commission’s
recommendation are addressed under that respective action item and packet materials for application #Z-
12200).
c. The applicant may indicate his or her preferred zoning classification as part of the annexation application.
The applicant/owner has indicated that they prefer a zoning designation of B-2 (Community Business District) and that item is addressed under that respective agenda item and packet materials.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No fee
will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
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Policy 4: It shall be the general policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property.
This property has frontage along Huffine Lane and S. Cottonwood Road. Both of these streets are developed and paved to a partial urban standard at this time. Access locations will be determined during
review of a future development proposal. Additional improvements will be required as part of any site
development.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion requirement necessary to provide the anticipated average annual consumption of water by residents and/or users of the property when fully developed on the basis of the zoning
designation(s). The fee may be used to acquire water rights or for improvements to the water
system which would create additional water supply capacity. This policy may be subject to the following exceptions: a. For any annexation in excess of ten acres, it shall be carried out prior to final plat approval,
final site plan approval or the issuance of any building permits, whichever occurs first, provided
that the applicant executes a promissory note or other appropriate document acceptable to the City.
This policy item has now been codified under Section 38.23.180 of the BMC. This section states:
A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the
following must occur:
1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the
annual demand for volume of water the development will require multiplied by the most current annual unit price; or
2. A transfer to the city of ownership of water rights adequate to provide the volume of water the
development will require. A transfer of ownership of water rights must be in a manner
approved by the director of public services.
B. If adequate water rights or a payment-in-lieu was previously provided to the city for the subject property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance with this section. If the expected demand for water by the proposed development increases by more
than one acre-foot over that for which water rights or payment-in-lieu of water rights were
previously provided, additional water rights or payment-in-lieu of water rights equal to the
difference between the previously provided water rights or payment-in-lieu and the estimated current demand or payment-in-lieu price shall be provided.
C. Provision of water rights or payment-in-lieu may be deferred by phase for phased developments or for annexations when the phase or annexation is in excess of ten acres.
D. The city manager may adopt administrative procedures to implement this section. The director of
public services shall adopt standards for the calculation of demand for water use. The city commission shall establish the unit cost for payment-in-lieu by resolution.
E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the date the payment-in-lieu of water rights is to be made to the city.
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The parcel size is 10 acres. Water rights or a fee in lieu will be deferred and provided later in
conjunction with the development of the site through subdivision or zoning review.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the City to require the applicant to provide a written plan for accommodations of these services, or not approve the annexation. Additionally, annexation proposals that would use up infrastructure
capacity already reserved for properties lying either within undeveloped portions of the City
limits or lying outside the City limits but within the identified sewer or water service area boundaries, shall generally not apply.
When the property has been annexed it will be provided with municipal services. Water mains currently
exist along the South Cottonwood and Huffine Lane right-of-way which can be readily tapped to
provide fire hydrants a supply of water. Water rights will be provided as part of the annexation to enable delivery of water. The City is presently expanding its water and sewer treatment plants to enable
services to be delivered to additional development. These will be completed shortly and will be able to
meet demand from this site.
The applicants should be made aware that at the time of any further development on the property, the land owners and their successors shall pay all applicable impact fees. At such time that any site plan or
further development proposal is considered by the City, the extension of services will be determined in
detail based upon the type of development being reviewed by the advisory and decision-making bodies.
Responsibility for the extension of services lies with the landowners and successors.
The DRC considered the annexation request and did not identify any significant impacts to the City’s
sanitary sewer and water municipal facilities, or transportation system that could not be addressed or
fulfilled by the applicant during any subsequent review for further development of the property.
The developer of the adjacent Loyal Garden subdivision has verbally indicated that they wish to have City approval of a payback agreement for water and sewer extensions which will also benefit this
property. No paperwork or written request has been received as of the writing of this report.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are currently being contracted.
No City services are currently being contracted. With further development of the property, municipal
infrastructure will be requested and extended into the site.
Policy 8: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Service.
Mapping to meet the requirements of the Director of Public Service must be provided with the
Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal
description of said property. (Mapping requirements are addressed in Recommended Term of
Annexation #5).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in
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accordance with Chapter 2, Article 6, Division 9, Bozeman Municipal Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other policies as they are developed.
At the time of any development on the property, the land owner or their successors shall pay all impact fees required by Chpt. 2, Art. 6, Div. 9 BMC. No impact fees are due at this time as the property is
vacant. After annexation the property will be subject to Chapter 2, Article 6, Division 9 which
establishes the impact fees for future development.
Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In addition, notice shall be posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of the site in question using the last declared county real estate tax records, not more than 45 days nor less than 15 days prior to the
scheduled action to approve or deny the annexation by the City Commission, specifying the date,
time and place the annexation will be considered by the City Commission. The notice shall contain the materials specified by Section 38.40.020.A, BMC. In addition, where a commonly identifiable street address is not visible on the property to be annexed, the notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding
properties.
Notices of the public hearing have been sent and also posted along Cottonwood Road in front of the
property as set forth under this policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of
distribution of the annexation agreement, unless another time period is specifically identified by the City Commission.
This policy item is specified in Recommended Term of Annexation #8.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Summary and Conclusion
Staff, the DRC and other local review agencies have reviewed the request for annexation and have
provided the above comments as they relate to the Goals and Policies set forth in Commission
Resolution No. 3907. Should the City Commission choose to proceed with the request for annexation,
staff recommends that the terms of annexation listed in this Staff Report be addressed prior to
acknowledging the Annexation Agreement and formal annexation of said property.
Attachments: Applicant’s Submittal Materials
Vicinity maps packet
Report Sent to: Cresent Cross Limited Partnership, 5550 Blackwood Road, Bozeman MT 59718 Madison Engineering, 895 Technology Blvd, Ste 3, Bozeman, MT 59718
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director
Tim McHarg, Director
SUBJECT: Z-12200, Initial zoning in conjunction with annexation of 10 acres located at the SE corner of the intersection of Huffine Lane and S. Cottonwood Road to be designated B-
2 (Community Business District).
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve application Z-12200 and direct the preparation of an implementing ordinance upon return of an executed annexation agreement.
SUGGESTED MOTION: Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby adopt the findings presented
in the staff report for application Z-12200 and move to approve the initial zoning with contingencies as outlined in the staff report direct the preparation of the required implementing
ordinance after return of an annexation agreement.
BACKGROUND: An application to annex 10 acres was received on August 8, 2012. The
parcel to be annexed is adjacent to the City on two sides and the annexation meets the criteria from Commission Resolution 3907. The applicant has requested B-2 (Community Business District) zoning. The Development Review Committee recommends that the City Commission
approve annexation of the property. The Zoning Commission recommended approval of the B-2
zoning at their public hearing on September 18th.
UNRESOLVED ISSUES: None
ALTERNATIVES: Approve or deny the requested zoning.
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future
development will generate both costs and revenues dependent on the nature of any future
development.
Attachments: Zoning staff report
Zoning Commission Minutes and Resolution
Application materials
Report compiled on: September 20, 2012
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Cresent Cross ZMA Staff Report #Z-12200 Page 1 of 6
CRESENT CROSS ZONE MAP AMENDMENT FILE # Z-12200 CITY COMMISSION AND ZONING COMMISSION STAFF REPORT
Item: Zoning Application #Z-12200 – An application to amend the City of Bozeman Zone Map to establish a municipal zoning designation of B-2 (Community Business District) on approximately 10
acres.
Owner: Cresent Cross Limited Partnership, 5550 Blackwood Road, Bozeman MT 59718.
Representative: Madison Engineering, 895 Technology Blvd, Ste 3, Bozeman, MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, September 18, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana; and
before the Bozeman City Commission on Monday, October 1, 2012 at 6:00 PM in the Commission
Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Chris Saunders, Assistant Director
Recommendation: Approval of B-2 with contingencies
LOCATION
The subject property is located at the SE corner of the intersection of Huffine Lane and Cottonwood
Road. The approximately 10 acres is legally described as a portion of Tract 2, Certificate of Survey 2229, Section 15, Township 2 South, Range 5 East, Gallatin County, Montana. The property is part of an approved minor subdivision the final plat for which is under review. Recording of the final plat will
modify the legal description. Recording is expected prior to annexation or adoption of a rezoning.
Please refer to the vicinity map below.
B-2
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Cresent Cross ZMA Staff Report #Z-12200 Page 2 of 6
RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee and Planning Staff, and after evaluation of the proposed zoning against the criteria set forth in 38.01.040.C of the Unified Development Code and Section 76-2-304 Montana Codes Annotated, the Planning Staff recommends
approval of the requested Zone Map Amendment with the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation
shall be identified as the “Cresent Cross Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the
annexation agreement is not approved, the Zone Map Amendment application shall be null and
void.
3. That the applicant submit a zone amendment map, titled “Cresent Cross Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be
utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning
Map. Said map shall contain a metes and bounds legal description of the perimeter of the
subject property including adjacent right-of-ways and zoning districts, and total acreage of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map. The metes and bounds legal description shall match that prepared for the annexation map.
PROPOSAL
The property owner has made application to the Bozeman Department of Planning and Community
Development for a Zone Map Amendment to establish an initial municipal zoning designation of B-2 (Community Business District) on approximately 10 acres. The subject property is not currently
located within the corporate limits of the City of Bozeman and this ZMA is being processed with a
concurrent annexation application.
The intent of the B-2 (Community Business District) is to is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets.
On August 29, 2012 the Development Review Committee (DRC) recommended approval of the
application with the recommended contingencies included above.
LAND CLASSIFICATION AND ZONING
The property is vacant. The following land uses and zoning are adjacent to the subject property:
North: – Designated “Community Commercial Mixed Use” on the City of Bozeman Future
Land Use Map; presently zoned a combination of Business Park and Community Business.
Active uses are banks, medical offices, car dealerships, and vacant property.
South: Unannexed county property, Municipal planned for Residential; Zoned RS, Residential
Suburban by Gallatin County.
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Cresent Cross ZMA Staff Report #Z-12200 Page 3 of 6
East: Unannexed County Land – Designated “Residential” on the City of Bozeman Future
Land Use Map; presently zoned as Residential Suburban in the County and developed as an industrial site.
West: Designated “Community Commercial Mixed Use” on the City of Bozeman Future Land
Use Map; presently zoned B-2 and mostly vacant with a building materials wholesaler on one
lot, also some residential open space.
REVIEW CRITERIA
The establishment of a zoning district is a legislative act to set policy relating to future development
proposals. The Bozeman Planning Office has reviewed the application for a Zone Map Amendment
against the Bozeman Community Plan, the City of Bozeman Unified Development Ordinance (UDO),
and the thirteen (13) criteria established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following summary-review comments for consideration by the Zoning and City
Commission. If the criteria is met it is noted “Yes”, if it is not met it is noted “No”, and if the criteria is
either inapplicable for some reason or is neither met nor not met it is noted “Neutral”. Explanatory text
follows for each criteria.
A. Be in accordance with a growth policy. Yes. The subject property was recently the subject of an amendment to “Figure 3-1 Future Land Use
Map of the Bozeman Community Plan. The amendment reclassified the future use of the property as
Community Commercial Mixed Use.” The Community Commercial land use designation of the
Bozeman Community Plan indicates that:
“Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community
as a whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences,
and general service activities typify this designation.”
The property is concurrently being proposed for annexation which will make municipal water and
sewer service available. Development of the site with on-site well and septic services would be
contrary to the growth policy. Table C-16 on page C-17 of the growth policy presents a general
correlation of the growth policy designations and the various zoning districts in the City. The proposed zoning corresponds to the future land use designation.
Figure 3-1 (Future Lane Use Map) is not the only element of the growth policy which must be
considered. There are many goals, objectives, and other text which must also be evaluated. While not
every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal may comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the
growth policy compliance must be to both Figure 3-1 and the other plan elements.
In considering the appropriateness of a particular zoning district for a site, it is appropriate to consider
what district will most fully advance the community plan goals and aspirations. As a zone map amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide the course
considered most suitable. The proposed zoning appears to be consistent with the plan goals.
B. The effect on motorized and non-motorized transportation systems.
Yes. The site has frontage on Huffine Lane and Cottonwood Road which are classified as principal
arterials in the Greater Bozeman Area Transportation Plan (GBATP) Figure 9-2. The intersection is
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signalized Future development review will require evaluation of street access depending on the design
of the development. Development of the site will eventually require completion of the frontage of Cottonwood road next to the property. This will include placement of sidewalks, bike lanes, and connection to adjacent segments of the non-motorized network. This will generally improve circulation
in the area. Additional traffic will occur from development, however procedures are in place to ensure
than any negative effects are mitigated.
C. Secure safety from fire, panic, and other dangers. Yes. The regulatory provisions established in all of the zoning designations, in conjunction with
provisions for adequate transportation facilities, properly designed water mains and fire service lines
and adequate emergency exits/escapes, will address safety concerns with any further subdivision
and/or other development of the property. All new structures and development on the subject property
will be required to meet or exceed the minimum zoning requirements for setbacks, lot coverage, height limitations and lot sizes to ensure the health, safety and general welfare of the community. Per Section
38.01 .050 of the UDC, the City of Bozeman has the authority and power to require more stringent
standards than the minimum requirements if it ensures the best service to the public interest. A detailed
analysis of the specifics of future development proposals will enable the determination of whether a
greater than minimum standard is required. At this time such details are not available for review.
D. Promote public health, public safety, and general welfare. Yes. The regulatory provisions established through the City’s municipal code under Chapter 38,
Unified Development Code (UDC), BMC, will adequately address the issues of health and general
welfare. Further development of the subject property also requires review and approval by the
Montana Department of Health and Environmental Sciences, City Engineer's Office and Director of Public Service.
The property, upon further development, will be required to come into conformance with all
requirements of the zoning ordinance. Any buildings constructed on the site will be subject to review
for building codes which will ensure they are constructed in a manner which reduces risk for fire, loss
during earthquake, are structurally sound, and well fit for their purpose. The City’s adopted zoning requires compliance with building codes by Section 38.34.100.
Additional development issues related to municipal infrastructure (i.e., water and sanitary sewer) and
public services (i.e., police and fire protection) will be addressed with subdivision and/or site plan
review when residential densities and demand can be more closely calculated. Water and sewer
infrastructure are adjacent and available to the site. See also Item H.
E. Reasonable provision of adequate light and air. Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested B-2 zoning
district provides the necessary provisions (i.e., yard setbacks, lot coverage limits, open space and
building height limits), provide for adequate light and air for any proposed development on the subject
property. Huffine Lane is a Class One entryway corridor in this area and a substantial setback is required which will provide for access to light and air.
F. Prevention of overcrowding of land. Yes. The minimum yard setbacks established in the B-2 district, as well as the limitations of lot
coverage for principal and accessory structures and off-street parking facilities, would maintain the
desired percent of buildable area. Minimum yard setbacks, height requirements, maximum lot coverage and required parking are also limiting factors that help prevent the overcrowding of land.
Such regulatory standards prevent the overcrowding of land, and maintain compatibility with the
character of the surrounding area. See also Item E.
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Overcrowding is a condition which results when the infrastructure and buildings in an area are
incapable of serving the density of users. A perception of being more intensely used than is preferred by a particular person or group does not establish an actual condition of overcrowding. As discussed elsewhere in this report, any development within Bozeman is required to demonstrate that there is
adequate transportation, water, sewer, and other necessary public services to support the development.
This requirement ensures that land will not be overcrowded.
G. Avoiding undue concentration of population. Yes. Future development of the subject property under this proposal will result in an increase in
population and use beyond what currently exists on the vacant property. However, compliance with
the regulatory standards set forth in the UDO and the International Building Code will aid in providing
adequately sized dwelling units to avoid undue concentration of population.
The standard does not seek to avoid concentration of population, but rather undue concentration. Undue is typically understood to mean exceeding that which is appropriate and normal. This is a
standard which is specific to a particular site and is not a specific number or intensity of use. The B-2
district has been considered and adopted with a set of standards for lot sizes, setbacks, and other
standards that in the opinion of the City Commission are not an undue concentration of population. As
applied to this site the property is largely unconstrained being modestly sloped and with good proximity to infrastructure. See also Items F and J.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
Yes. Further assessment of the impacts to infrastructure, public services, and other community
requirements will be evaluated during subdivision and/or site plan review. Dedication of right-of-way for Cottonwood Road to meet the right-of-way standards of the GBATP will be provided as part of the
annexation process. Any negative impacts identified with development of the property will be
mitigated with recommended conditions of approval by the DRC with a determination made by the
approval authority on adequate provisions.
For this application, the DRC has determined that municipal infrastructure is located in proximity to the subject property and may be extended into the property by the landowner/developer for further
development of the site. Emergency services are currently serving property in vicinity to this area, and
municipal police and fire are within adequate response times of the site. The City will have the
opportunity to further evaluate the development of the property during the above-described review
procedures.
I. Conserving the value of buildings. Yes. There are no existing buildings on the property. The proposed B-2 zoning and related standards
provide for evaluation and mitigation of any identified impacts. See Item J for further discussion.
J. Character of the district.
Yes. The most important factor in determining the suitability of a proposed zoning designation is the potential for compatibility with existing and proposed adjacent land uses. The area has a diversity of
existing and approved land uses. Properties to the west, north and east are non-residential in nature.
Future development to the south is residential. However, residential and non-residential adjacent
development can be designed to be compatible. Any district must have an edge where uses transition
from one thing to another. Future planning and review requirements will give the City the ability to control how the uses on site would function and relate to the surrounding developed and undeveloped
properties. After considering the various components of zoning character and the diversity of uses in
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the area it appears that B-2 and the associated uses are in keeping with the existing and future character
of adjacent properties.
K. Peculiar suitability for particular uses. Yes. The site is well located for B-2 development. The use of the property will be similar uses to those
on the the adjacent property to the north and west.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The B-2 zoning designation of this proposal is supportive of the overall intent of the growth policy. See Item A. This zoning will also allow this property to develop at a density that takes advantage of the existing infrastructure available and in near proximity to this location. T
M. Promotion of Compatible Urban Growth.
Yes. The Bozeman Community Plan provides several guiding ideas and principles for the physical
development of the City. Development consistent with these ideas and principles are more likely to be compatible with adjacent development both within and outside of the City limits. The growth policy encourages infill development and higher density urban centers. The property is within the geographic
area already receiving municipal services. Future review of an actual development proposal will also
look at achieving appropriate compatibility with the surrounding area.
PUBLIC COMMENT
No written comment has been received by the Department of Planning and Community Development
as of the writing of this staff report on September 10, 2012. Any comment received will be included
with packets.
SUMMARY & CONCLUSION
The Department of Planning and Community Development and the Development Review Committee, have reviewed the proposed Zone Map Amendment application and have provided summary review comments as outlined above in the staff report; and as a result, recommend approval of the application
with contingencies.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, October 1, 2012. The City Commission will make the final decision on the application.
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR
WITHIN 150 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT
BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
REPORT SENT TO
Cresent Cross Limited Partnership, 5550 Blackwood Road, Bozeman MT 59718.
Madison Engineering, 895 Technology Blvd, Ste 3, Bozeman, MT 59718
ATTACHMENTS
Applicant’s submittal materials
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RESOLUTION #Z-12200 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF B-2 (COMMUNITY BUSINESS DISTRICT) ON 10 +/- ACRES OF PROPERTY WHICH IS DESCRIBED AS TRACT 2, CERTIFICATE OF SURVEY 2229, SECTION 15, TOWNSHIP 2 SOUTH, RANGE 5 EAST, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, Cresent Cross Limited Partnership owner and applicant through their
representative Madison Engineering, applied for a zoning map amendment, pursuant to Chapter 38, Article 37 of the Bozeman Unified Development Code, to amend the Bozeman zoning map
to establish an initial zoning designation of B-2 (Community Business District) for 10 acres; and
WHEREAS, the proposed zoning map amendment request has been properly submitted,
reviewed and advertised in accordance with the procedures set forth in Chapter 38, Article 37 of the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on
September 18, 2012, to formally receive and review all written and oral testimony on the
proposed zoning map amendment; and
WHEREAS, No written public comment was received or expressed at the public hearing;
and
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WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map amendment generally complies with the thirteen criteria for consideration established in Chapter 38, Article 37 of the Bozeman Unified Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission, on a
4-0 vote, recommends to the Bozeman City Commission approval of zoning application #Z-12200 to amend the Bozeman zoning map to establish an initial zoning designation of B-2 (Community Business District) on 10 acres contingent upon annexation of said property which
is described as Tract 2, Certificate of Survey 2229, Section 15, Township 2 South, Range 5 East,
Gallatin County, Montana.
DATED THIS DAY OF , 2012, Resolution #Z-12200
_____________________________ ____________________________
Chris Saunders, Assistant Director Eric Garberg, Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission
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Zoning Commission Minutes – September 18, 2012
ZONING COMMISSION MINUTES
TUESDAY, SEPTEMBER 18, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Garberg called the meeting to order at 6:00 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Randy Wall, Vice Chairperson
Trever McSpadden
Erik Garberg, Chairperson
David Peck
City Commission Liaison:
Carson Taylor
Members Absent:
Guests Present:
Dayle H. Kountz
Kaylee Kountz
Cody Kountz
Chris Budeski
Staff Present:
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the
Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no general public comment forthcoming, Chairperson Garberg closed this
portion of the meeting.
ITEM 3. MINUTES OF AUGUST 7, 2012
Vice Chairperson Wall stated Commission Liaison Taylor was in attendance at the last meeting
and noted that under New Business the minutes should have read Mr. Taylor instead of Mr.
Carson.
MOTION: Mr. McSpadden moved, Vice Chairperson Wall seconded, to approve the minutes of
August 7, 2012 as amended. The motion carried 4-0. Those voting aye being Chairperson
Garberg, Mr. McSpadden, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none.
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Zoning Commission Minutes – September 18, 2012
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-12200 – (Crescent Cross) A Zone Map Amendment
requested by the owner Crescent Cross Limited Partnership, Dayle Kountz, 5550 Blackwood
Road, Bozeman MT 59718 and representative Madison Engineering, Chris Budeski, 895
Technology Boulevard, Suite 203, Bozeman, MT 59718 to establish an urban zoning
designation of B-2 (Community Business District) on 10 acres in conjunction with annexation.
The property is generally located southeast of the intersection of Cottonwood Road and
Huffine Lane and is legally described as Tract 2 W2, COS 2229, a portion of Lot 1, Crescent
Cross Subdivision, Section 15, T2S, R5E, Gallatin County, Montana. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting the application was
in conjunction with an annexation and the County was in the process of finishing the approval of
a Final Plat on the property. He noted the location of the proposal and adjacent zoning districts,
both in the City and the County jurisdictions, the County being primarily zoned for agricultural
uses. He noted Staff had reviewed the application and provided the findings in the Staff Report.
He stated Staff recommended favorably on the application. He noted on a map where the subject
property was located and adjacent land use designations. He stated there had been no formal
public comment submitted though there had been members of the public reviewing the file at the
office. He stated he would be happy to answer any questions.
Chris Budeski, Madison Engineering, addressed the Committee. He noted he was the
representative for the owner of the property. He noted they were also in the process of doing a
minor subdivision within County jurisdiction and they would be before the County Commission
for final approval within the next couple of weeks. He stated the intent was not a secret and
Town Pump wanted to develop the corner which was driving the request for the B-2 zoning
district.
Chairperson Garberg asked how many lots would be in the subdivision. Mr. Budeski responded
there would be five total lots.
Chairperson Garberg opened the public comment portion of the meeting. Seeing none
forthcoming, the public comment period was closed.
Mr. Peck noted he lived 4 to 5 tenths of a mile south of the site in review though he did not think
he needed to recuse himself, the proposal would impact his property; he was supportive of the
proposal as he felt it met the review criteria as outlined in the ordinance.
MOTION: Vice Chairperson Wall moved, Mr. McSpadden seconded, that after having heard
and considered public comment, to hereby adopt the findings presented in the Staff Report and to
recommend approval of the Zone Map Amendment as requested with Zone Map Amendment
Application #Z-12200.
Mr. McSpadden noted that as Mr. Peck had already indicated, the proposal was in keeping with
the review criteria as set forth in the ordinance and was in keeping with the adopted Growth
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Zoning Commission Minutes – September 18, 2012
Policy.
The motion carried 4-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr.
Peck, and Vice Chairperson Wall. Those voting nay being none.
ITEM 5. NEW BUSINESS
No items were forthcoming.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 6:12 p.m.
Erik Garberg, Chairperson Chris Saunders, Assistant Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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