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HomeMy WebLinkAboutCity Commission Meeting of Bozeman Montana Agenda Packet - revised 11-16-12Table of Contents Agenda 3 Authorize Payment of Accounts Payable Claims Claims Memo 6 Authorize City Manager to sign Bid Purchase Agreement for the Storm Sewer TV Van retrofit in the amount of $129,000.00 to Cues INC. 2012 Storm Water TV van letter to Commission 7 Bid tab 8 Bozeman-Bid Purchase Agreement Executed 9 Approve a Liquor License for Pizza Campania to sell Beer and Wine at 1285 North Rouse Avenue Memo 13 Application 14 State Of Mt License 15 Accept the Building Inspection 1st Quarter Fiscal Year 2013 Report detailing the Financial and Workload position of the Building Inspection Division for the quarter ending September 30, 2012 Commission Memo Building Division 2013 1st Quarter Report 16 Finally Adopt Ordinance No. 1844 Creating the South Bozeman Technology District and authorizing the Use of Tax Increment Financing memo cc meeting 11-19-12 ordinance 1844 - second reading FINAL 11-07-12 21 cc meeting 11-19-12 Exhibits 1 - 3 27 Small Business Saturday, November 24, 2012 Small Business Saturday, November 24, 2012 Mayoral Proclamation 37 Springhill Presbyterian Church Conditional Use Permit with Master Site Plan at 4769 West Babcock Street, Application Z- 12254 (Quasi-Judicial) Z12254 Springhill Community Church CUP/Master Plan - Commission Memo 38 Z12254 Springhill Community Church CUP/Master Plan - Staff Report 40 Z12254 Springhill Community Church CUP/Master Plan - Applicant's Submittal 54 Z12254 Springhill Community Church CUP/Master Plan - Architects Drawings 69 Z12254 Springhill Community Church CUP/Master Plan - Site Plan 75 Z12254 Springhill Community Church CUP/Master Plan - Agency Comment 76 Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness at 241 East Main Street, Application Z- 12263 Z12263 artcraftfooddrink cupcoa ccmemo 78 1 Z12263 artcraftfooddrink CUPCOA sr 80 Site Plan Checklist 92 Drawing Sheets 98 Property Owner Certificate 102 COA Checklist 1 103 Exhibits 105 Property Owners 110 Development Review App 112 Neighborhood Certificate 114 ServingArea.floorplan 115 Cowdrey Minor Subdivision Preliminary Plat, located along the north boundary of East Valley Center Road, Application P- 12012 (Quasi-Judicial) P12012 Cowdrey MiSub PP - CC cover memo 116 P12012 Cowdrey MiSub PP - staff report 118 P12012 Cowdrey MiSub PP - Aerial Vicinity Map 127 P12012 Cowdrey MiSub PP - Preliminary Plat Application 128 P12012 Cowdrey MiSub PP - Preliminary Plat 158 Adoption of Criteria for City of Bozeman Support of Low Income Housing Tax Credit (LIHTC) Applications Cover Memo 159 Criteria for LIHTC Support 161 Provisional Adoption of Ordinance No. 1849, Amending Ch. 36, Article 4 of the Bozeman Municipal Code, Parking Standards and City Parking Facilities Staff Memo 165 Ordinance 1849 168 Appointment to the Economic Development Council 11-19-12, Economic Development Council memo 172 Bellamy, EDC app (partial), 11-12 173 Pape, EDC (partial) app, 1-12 174 Pape, page 2 app. for EDC, 1-12 175 Wall, EDC Application (partial), 9-12 177 Wall, EDC Application, resume (partial), 9-12 178 Appointment to the Recreation and Parks Advisory Board 11-19-12 Rec and Parks Board Appointment 179 Shanahan (partial) Rec and park app, 11-12 180 2 1 of 3 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, November 19, 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. Public Service Announcement – City offices closed November 22nd and 23rd for the Thanksgiving Holiday (Ulmen) E. Authorize Absence of Commissioner Mehl Consider the motion: I move to approve the absence of Commissioner Mehl. F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign Bid Purchase Agreement for the Storm Sewer TV Van retrofit in the amount of $129,000 to Cues INC. (Alston) 3. Approve a Liquor License for Pizza Campania to sell Beer and Wine at 1285 North Rouse Avenue (Neibauer) 4. Accept the Building Inspection Division Fiscal Year 2013 quarterly report for the quarter ending September 30, 2012 (Risk) 5. Finally Adopt Ordinance No. 1844 Creating the South Bozeman Technology District and authorizing the Use of Tax Increment Financing (Fontenot) Consider the motion: I move to approve Consent items F. 1-5 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. 3 Bozeman City Commission Agenda, November 19, 2012 2 of 3 H. Mayoral Proclamation – Small Business Saturday, November 24, 2012 I. Action Items 1. Springhill Presbyterian Church Conditional Use Permit with Master Site Plan at 4769 West Babcock Street, Application Z-12254 (Quasi-Judicial) (Skelton) 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-12254 and move to approve the Springhill conditional use permit with master site plan with the recommended conditions and subject to all applicable code provisions. 2. Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness at 241 East Main Street, Application Z-12263 (Quasi- Judicial) (Brekke) 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-12263 and move to approve the conditional use permit and certificate of appropriateness for Artcraft Food and Drink with the recommended conditions and subject to all applicable code provisions 3. Cowdrey Minor Subdivision Preliminary Plat, located along the north boundary of East Valley Center Road, Application P-12012 (Quasi- Judicial) (Skelton) 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 P-12012 and move to approve the preliminary plat for Cowdrey Minor Subdivision, authorizing to subdivide 5.006 acres and create two commercial lots, with the recommended conditions and subject to all applicable code provisions. 4. Adoption of Criteria for City of Bozeman Support of Low Income Housing Tax Credit (LIHTC) Applications (Tim McHarg) Consider the motion: I move to approve the proposed criteria for city support for the Low Income Housing Tax Credit Program. 5. Provisional Adoption of Ordinance No. 1849, Amending Ch. 36, Article 4 of the Bozeman Municipal Code, Parking Standards and City Parking Facilities (Lee) 4 Bozeman City Commission Agenda, November 19, 2012 3 of 3 Consider the motion: I move to provisionally adopt Ordinance No. 1849, amending Chapter 36, Article 4 of the Bozeman Municipal Code relating to parking standards and city parking facilities, applying the “rolling rule” to city facilities and amending the fine for parking longer than 48 hours. 6. Appointment to the Economic Development Council (Brunckhorst) Consider the motion: I move to appoint one applicant to the Economic Development Council. 7. Appointment to the Recreation and Parks Advisory Board (Brunckhorst) Consider the motion: I move to appoint Richard Shanahan to the Recreation and Parks Advisory Board. J. FYI/Discussion 1. Discussion regarding holding the Commission meeting from 11 a.m. to 1 p.m. on December 17th (Ulmen) K. 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 at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. 5 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: November 19, 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: November 9, 2012 6 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: John Alston Water/Sewer Operations Superintendent Craig Woolard Public Services Director SUBJECT: Award bid for Storm Sewer TV Van Retro-fit Project number STRM03 MEETING DATE: November 19, 2012 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Award bid of the Storm Sewer TV Van retrofit in the amount of $129,000.00 to Cues INC. BACKGROUND: The Storm Water Utility Capital Improvement Plan (CIP) plans for the refurbishment of the storm sewer TV van in FY13. This van was purchased new in FY01. While the van is still in good condition, this retro fit will replace all the electronic, computerization and power generation components of the van. These technical components are obsolete and outdated, and will include a new tractor and camera that is designed to operate in storm sewers. We received one bid for the Storm Sewer TV van retrofit from Cues INC for $129,000.00. Cues is the original manufacturer of the van so we are confident the retrofit will be done correctly. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: This item is in the Storm Water Utility Capital Improvement Plan for FY13. $130,000 was budgeted for the van retro-fit. Attachments: Bid Tab Report compiled on: 10/29/12 7 8 9 10 11 12 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Licensing Clerk Laurae Clark, Treasurer Anna Rosenberry, Administrative Services Director SUBJECT: Approval for a Liquor License for Pizza Campania to sell beer/wine at 1285 N Rouse Ave. MEETING DATE: November 19, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approval for Pizza Campania to sell beer/wine at 1285 N Rouse Ave. BACKGROUND: The City Commission may license premises to sell liquor (Bozeman Municipal Code 4.03.020). The applicant has a license from the Montana Liquor Control Board (06-715-2914-401). UNRESOLVED ISSUES: None or conditional license only ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None Attached Documents: Memo, Application & License Report compiled on: November 13, 2012 13 14 15 Page | 1 ` Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Risk, Chief Building Official Tim McHarg, Planning Director SUBJECT: Building Inspection 1st Quarter FY13 Update July 1, 2012 – September 30, 2012 MEETING DATE: November 19, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Accept this report detailing the financial and workload position of the Building Inspection Division for the quarter ending September 30, 2012. BACKGROUND: To keep the City Commission and the City Administration informed regarding the Building Division revenues and workloads we committed to make quarterly reports regarding revenues, staffing levels and operating costs within the department. The following sections represent the FY13 1st Quarter. A. REVENUE: Our total revenue for the 1st quarter was $344,320. First Quarter Monthly Revenues July $117,910 August $101,512 September $124,898 Average Monthly Revenues: $114,773 16 Page | 2 B. EXPENDITURES: Our total expenditures for the 1st Quarter were $233,342. First Quarter Expenditures July $74,141 August $84,404 September $74,797 Average Monthly Expenditures: $77,781 Building Division Revenue/Expenditure Comparison- FY13/FY12 FY 2013 20,000 40,000 60,000 80,000 100,000 120,000 140,000 Revenues Expenditures FY 2012 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 Revenues Expenditures 17 Page | 3 1st Quarter Budget Status - 25% of Year Lapsed, 75% Remains Budget Spent Amount Remaining Percent Remaining Personnel $731,428 ($184,979) $546,449 74.7% Operating $155,188 ($48,364) $106,824 68.8% CIP $100,000 - $100,000 - Total 986,616 ($233,342) $753,274 76.3 % C. CASH RESERVE: The Administrative Rules of Montana allow the building division to maintain a “cash reserve fund” derived from building permit fees provided that the reserve amount does not exceed the building division operating costs for a 12 month period. Our estimate of the building division operating costs for FY13 was $986,616. At the beginning of the 1st quarter the Building Inspection Fund Cash Reserve was $985,903. At the end of the 1st quarter our Cash Reserve balance was $1,116,461. D. PERMIT ACTIVITY: Building Permits for New Construction Only - Does not include tenant improvements, remodels, re-roofs, etc. Permit Type 1st QTR 2nd QTR 3rd QTR 4th QTR Yearly Totals Building 506 506 Electrical 230 230 Plumb/Mech 314 314 Fire Systems 4 4 Demolition 12 12 Total Permits 1066 1066 E. NEW BUILDING VALUATION - Does not include tenant improvements, remodels, re- roofs, etc. Occupancy Type 1st QTR 2nd QTR 3rd QTR 4th QTR Yearly Totals Commercial $20,237,175 $20,237,175 Residential $26,876,767 $26,876,767 Total $47,113,942 $47,113,942 18 Page | 4 F. PLAN REVIEW: Completed Plan Reviews. Permit Type 1st QTR 2nd QTR 3rd QTR 4th QTR Yearly Totals Commercial 184 184 Residential 251 251 Total 435 435 G. BUILDING INSPECTION: Completed Building Inspections; Average Daily Inspections (per inspector) Standard 15 July 23.83 August 20.16 September 20.27 Average inspections per day for the quarter 21.42 The total number of completed inspections, to date, for FY13 equals 4865 H. CODE COMPLIANCE: Activity 1st QTR 2nd QTR 3rd QTR 4th QTR Yearly Totals New Cases 8 8 Closed Cases 13 13 Citizen Complaints 21 21 Stop Work Orders 7 7 Business License Inspections 109 109 I. STAFFING: At this time, the Building Division staff consists of the Chief Building Official, 2 Plans Examiners, 4 Building Inspectors, 1 Code Compliance Officer, 1 Permit Coordinator, and 1 Permit Technician. The COB Planning Director currently serves as the Building Division department head. 19 Page | 5 During the past year both our office and field staff experienced an extremely heavy workload. In anticipation of a continued increase in workload for our 2013/2014 building season, we are analyzing our projected workload in order to make appropriate increases to our current staffing level. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Our monthly revenue for the 1st Quarter averaged $114,773 per month and totaled $344,320 for the quarter. Our monthly expenditures for the 1st quarter averaged $77,781 per month and totaled $233,342 for the quarter. The Building Division Reserve Fund balance at the end of the 1st Quarter was $1,116,461 which equals approximately 112% of our FY13 Budget Request of $986,616. While we are currently at 112% of our allowable cash reserve our anticipated increase in staffing, in conjunction with the upcoming winter slow season, will adjust our reserve balance to appropriate levels. Summary: Total new construction is up 35%, our highest first quarter in 4 years. Plan check revenue, our best indicator of future construction, is up 48%. Total revenue is up 18%, our highest first quarter in 4 years. The fiscal year is just beginning but we are all encouraged by these early indicators. Attachments: None Report Compiled On: October 16, 2012 20 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Director of Economic Development SUBJECT: Final Adoption of Ordinance 1844 Creating the South Bozeman Technology District and authorizing the Use of Tax Increment Financing MEETING DATE: November 19, 2012 AGENDA ITEM TYPE: Consent Item RECOMMENDATION: By motion and vote, approve the second reading of Ordinance 1844 on the Commission’s Consent agenda, finally adopting Ordinance 1844 as presented by staff on November 5, 2012. Ordinance 1844 will be effective thirty days after approval on the second reading of the ordinance, December 19, 2012. BACKGROUND: On November 5, 2012, by a vote of 4 – 0, the Bozeman City Commission provisionally adopted Ordinance 1844 as presented, and directed staff to return to the Commission for the second reading of Ordinance of 1844 on the November 19, 2012 Consent agenda. Why a technology district? The desire to create the South Bozeman Technology District (the “District”) is an effort at addressing existing infrastructure deficiencies on property adjacent to Montana State University (“MSU”) and the Innovation Campus to achieve the goals set out in the City of Bozeman’s 2009 Economic Development Plan (“EDP”) and the South Bozeman Technology District Comprehensive Development Plan (“CDP”). Goals of the EDP are synchronized with those of the District’s CDP and the Innovation Campus in the context of the establishment of a technology district to enhance the local and regional economies through job creation and industry diversification. Creation and stewardship of a technology district is consistent with these priorities. Technology districts were authorized in the 2005 Montana legislature. Section 7-15-4295, MCA, states that the purpose of a technology district is the development of infrastructure to encourage the location and retention of technology infrastructure development projects in the state, and to address infrastructure deficiencies which are an impediment to development (emphasis added). 21 2 Currently, the area of the proposed technology district lacks the infrastructure necessary to facilitate the development identified in the CDP; see p17 – 21. Ordinance 1844 includes a finding to this effect; see Section 1, 9 of Ordinance 1844. Since the adoption of the EDP in 2009, the City has prioritized support for the following high growth potential sectors including: • Photonics; • Bio-sciences; • Manufacturing; • High-tech; and • the outdoor industry. Most of the sectors identified above are also supported by the mission and vision of the District’s CDP and the Innovation Campus. MSU plays a significant role in the growth and development of Bozeman’s technology industry, and is the reason the Bozeman area is considered the technology center of the state. Additionally, MSU’s research innovation has led to the creation and growth of businesses in Bozeman and throughout the state, providing employment opportunities in industries such as agriculture, energy, construction, healthcare, technology, photonics, manufacturing and biosciences. Home to more than 100 technology-based firms, Bozeman has become the high-tech center of Montana; and it is one of the largest technology communities in the northern Rocky Mountains. Bozeman’s technology sector has grown significantly since the early 1990s. Bozeman’s technology sector includes firms engaged in advanced manufacturing and laser optics; information technology—application development, information technology services, software, internet applications, telecom, etc.; biotech or bioscience; and agricultural, environmental, or miscellaneous activities. These firms are, for the most part, selling their goods and services entirely to customers located outside of Montana and many located outside of the United States. It is estimated that these firms directly employ more than 3,000 people whose earnings are significantly higher than the county’s annual average wage. MSU has grown to become a regional leader in research and creative projects with nearly $100 million in research expenditures in Montana each year. MSU was recognized by Carnegie Foundation for the Advancement of Teaching as one of 96 research universities nationally with “very high research activity.” MSU has strong ties to industry in the Bozeman area, particularly in the life science, aerospace, and information technology sectors. MSU lists relationships with over 150 companies which include research support, licensing agreements, and consulting services. Additionally, the concentration of research activity at MSU has fueled the development of technology-based companies clustered in and around Bozeman and is a significant contributor to Bozeman’s vibrant entrepreneurial technology economy. University technology transfer and commercialization activities have been driving economic development nationwide since the early 1980’s when changes in federal legislation accelerated the process and increased incentives for collaboration between universities and industry. MSU is no exception. According to the MSU 22 3 Technology Transfer Office, technology developed at MSU has resulted in the spin-off of 30 companies and licensing by 37 companies in the Bozeman area and nearly 300 companies statewide. The university holds 163 licenses for patents for innovations such as biological, chemical, and engineering processes and compounds, including coatings for the space shuttle and pharmaceutical drugs. Of those 163 licenses, 60% are with Montana companies, many located in Bozeman. Further development of the Innovation Campus will enhance these results. The strength of Bozeman’s technology economy has also translated into private companies receiving research and development and investment funding. During the 2000-2004 time period, Montana ranked 10th in the nation in the average annual number of federal Small Business Innovation Research (SBIR) awards made, with nearly half going to Bozeman companies. Ordinance 1844. On November 5, 2012, Ordinance 1844 was provisionally adopted by the City Commission by a vote of 4 – 0. Ordinance 1844 was provisionally adopted as presented. To create a technology district and authorize the use of tax increment financing, the Commission must conduct a public hearing and adopt an ordinance, Sect. 7-15-4295, MCA. Ordinance 1844 address the following: legislative findings (Section 1); creation (Section 2); requirements for tenants of the District (Section 3); annual report (Section 4); boundaries of the district (Section 5); authorizing the use of TIF (Section 6): term of the district (Section 7); costs which may be paid from the district with TIF funds (Section 8); and filing of the ordinance with the Montana Department of Revenue (Section 9). The City Attorney has reviewed the ordinance and finds it complies with the legal requirements for creation of a technology district and the use of TIF funds. What is a Tax Increment Financing District or TIF? Tax increment financing (“TIF”) is a state authorized, locally driven funding mechanism that allows cities and counties to direct property tax dollars that accrue from new development, within a specifically designated district, to community and economic development activities. In Montana, TIF districts are authorized in Montana Code Annotated (MCA) parts 7‐15‐4201 and 4301, et. Seq. Proposed TIF districts are typically characterized by blight and/or infrastructure deficiencies that have limited or prohibited new investment. A base year is established from which "incremental" increases in property values are measured. Virtually all of the resulting new property tax dollars (with the exception of the six mill state‐wide university levy) can be directed to redevelopment and economic revitalization activities within the area in which they are generated. Property owners located within a TIF district pay the same amount of property tax as they would if the property were located outside the district. Thus, TIF only affects the way that taxes, once collected, are distributed. Taxes that are derived from the base year’s taxable values continue to be distributed to the various taxing jurisdictions – local and state government entities and school districts. Taxes derived from the incremental increase in taxable value, however, are placed in a special fund for purposes set forth in establishing the TIF program. 23 4 (For a more detailed explanation of TIFs in Montana see Tax Increment Financing in Montana: A Manual for Local Governments and Economic and Community Development Agencies, 2011, The Governor’s Office of Economic Development.) Currently, the City of Bozeman supports four TIF districts. Three are urban renewal districts (Downtown, Northeast and North 7th), and the fourth, Mandeville Farm, is an industrial TIF district. What can TIF Dollars Fund? Section 7-15-4288, MCA, identifies the costs that may be paid by tax increment financing: The tax increments may be used by the municipality to pay the following costs of or incurred in connection with an urban renewal project, industrial infrastructure development project, technology infrastructure development project, or aerospace transportation and technology infrastructure development project: (1) land acquisition; (2) demolition and removal of structures; (3) relocation of occupants; (4) the acquisition, construction, and improvement of infrastructure, industrial infrastructure, technology infrastructure, or aerospace transportation and technology infrastructure that includes streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and off-street parking facilities, sewers, sewer lines, sewage treatment facilities, storm sewers, waterlines, waterways, water treatment facilities, natural gas lines, electrical lines, telecommunications lines, rail lines, rail spurs, bridges, spaceports for reusable launch vehicles with associated runways and launch, recovery, fuel manufacturing, and cargo holding facilities, publicly owned buildings, and any public improvements authorized by Title 7, chapter 12, parts 41 through 45; Title 7, chapter 13, parts 42 and 43; and Title 7, chapter 14, part 47, and items of personal property to be used in connection with improvements for which the foregoing costs may be incurred; (5) costs incurred in connection with the redevelopment activities allowed under 7- 15-4233; (6) acquisition of infrastructure-deficient areas or portions of areas; (7) administrative costs associated with the management of the urban renewal area, industrial district, technology district, or aerospace transportation and technology district; (8) assemblage of land for development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the municipality itself at its fair value; (9) the compilation and analysis of pertinent information required to adequately determine the needs of an urban renewal project in an urban renewal area, the infrastructure needs of secondary, value-adding industries in the industrial district, the needs of a technology infrastructure development project in the technology district, or the needs of an aerospace transportation and technology infrastructure development project in the aerospace transportation and technology district; (10) the connection of the urban renewal area, industrial district, technology district, or aerospace transportation and technology district to existing infrastructure outside the district; (11) the provision of direct assistance, through industrial infrastructure development projects, technology infrastructure development projects, or aerospace transportation and technology infrastructure development projects, to secondary, value-adding industries to assist in meeting their infrastructure and land needs within the district; and (12) the acquisition, construction, or improvement of facilities or equipment for reducing, preventing, abating, or eliminating pollution. 24 5 Ordinance 1844 references this statute for the range of uses for which the TIF money can be spent. Community Engagement. As part of the technology district creation process, the City and the Innovation Campus staff consulted with Gallatin County and School District7 about the mission, vision, rationale and plan for the creation of a technology district. Meeting dates include: Gallatin County Administration • May 3, 2012 Gallatin County Commission • August 6, 2012 Bozeman School District 7 Administration • May 25, 2012 • July 30, 2012 Bozeman School District 7 Trustees • August 24, 2012 • October 8, 2012 • October 15, 2012 • October 22, 2012 Scheduled Public Hearings • November 5, 2012 • November 19, 2012 UNRESOLVED ISSUES: Once created, the City Commission has the authority to act on behalf of the District. The Commission may appoint an advisory board to make recommendations to the City on the expenditure of tax increment dollars. The implementation of the CDP will be a partnership between the City of Bozeman and the Innovation Campus. In the future, staff will bring the issue of District administration and management back to the Commission for consideration. At that time, the Commission may consider the size and make-up of an advisory board and the possibility of including School District 7 officials, or other stakeholders, in some capacity. ALTERNATIVES: As recommended by the Commission. FISCAL EFFECTS: If Ordinance 1844 is approved, the District’s base year is created in 2012 and property taxes distributed to the City, County, and State from the defined area will be frozen at the 2012 taxable value levels for the life of the district. In future years, beginning with tax year 2013, any taxable value increases from new development or property appreciation will be taxed at the same level as other City property, with the tax revenue going to the District. If there is no increase in taxable value, the District will receive no funds. With the creation of the District, the City will establish a new special revenue fund for the purpose of segregating the revenues derived from the technology district. 25 6 Funds received by the District from the increment are intended for infrastructure improvements shown on in the estimates on pages 17 – 21 of the CDP. Attachments: 1) Ordinance 1844 creating the South Bozeman Technology District a. Exhibit A, legal description of the proposed South Bozeman Technology District; and b. Exhibit B, map of the proposed South Bozeman Technology District. 2) Property owners list; and 3) Public notification. Report compiled on: November 7, 2012 26 1 ORDINANCE NO. 1844 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ESTABLISHING AND CREATING THE SOUTH BOZEMAN TECHNOLOGY DISTRICT; AUTHORIZING THE USE OF TAX INCREMENT FINANCING; DETERMINING THE COSTS TO BE PAID BY TAX INCREMENT FINANCING; ESTABLISHING A BASE TAXABLE YEAR AND AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 Findings. 1. The Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) is authorized to create a technology district pursuant to §7-15-4295, MCA and use tax increment financing in furtherance of the purposes of the District pursuant to §§7-15- 4282 – 4294, MCA for the purpose of developing infrastructure to encourage the location and retention of technology infrastructure development projects in the City. 2. Job creation and industry diversification are critical to the long-term economic vitality of Bozeman. 3. Consistent with the goals of the City of Bozeman’s Economic Development Plan, the City wishes to stimulate, encourage and support the attraction, retention and growth of jobs and industry in a variety of technology sectors. 4. The number and diversity of jobs created in a variety of technology sectors have high growth potential and support moderate to high income employment. 5. The area proposed for the South Bozeman Technology District (the “District”) consists of a continuous area with an accurately described boundary that is large enough to host a diversified tenant base of multiple independent tenants. 35927 Page 2 of 6 6. With the adoption of Resolution 4414 on November 5, 2012, the Commission adopted a comprehensive development plan for the District known as the “South Bozeman Technology District Comprehensive Development Plan” (the “Plan”) that ensures that the District can host a diversified tenant base of multiple independent tenants. 7. The area proposed for the District is currently zoned a combination of Business Park (BP) and Community Commercial Mixed Use ( B-2), which authorize uses compatible with the Plan and are in accordance with the Bozeman Community Plan and consistent with the goals of the City of Bozeman’s Economic Development Plan. 8. The area proposed for the District does not comprise any property included within an existing urban renewal area, industrial district, or aerospace transportation and technology district created pursuant to §7-15-4295, MCA. 9. The area proposed for the District is deficient in infrastructure improvements necessary for technology development. 10. The Commission has determined that the area proposed for District has not been designed to serve the needs of a single district tenant or group of non-independent tenants. 11. The City has discussed the creation of the District and the use of tax increment financing with the Gallatin County Commission and the Trustees of Bozeman School District No. 7 and in adopting this Ordinance has taken into account the effect on Gallatin County and School District No. 7. 12. The City Commission reviewed and considered the relevant criteria established by §7-15- 4295, MCA and §§7-15-4282 – 4294, MCA, and found the proposed technology district and the costs for which tax increment financing may be used to be in compliance with these criteria; and, 13. After proper notice, the Commission held a public hearing on November 5, 2012, to receive and review all written and oral testimony on the proposal to create the District and use tax increment financing has determined the creation of the District is in the public interest. Section 2 Creation of the South Bozeman Technology Tax Increment Financing District. The Commission, after having conducted a public hearing duly called and noticed in accordance with the provisions of §7-15-4295, MCA, does hereby create the South Bozeman Technology Tax Increment Financing District (the “District”) for the purpose of stimulating, encouraging and supporting the attraction, retention and growth of jobs and industry in a variety of technology sectors. 36028 Page 3 of 6 Section 3 Requirements of Tenants of the District. The tenants of the District must be businesses or organizations engaged in technology based operations within Montana that through the employment of knowledge or labor add value to a product, process, or export service that results in the creation of new wealth and for which at least 50% of the sales of the business or organization occur outside of Montana or the business or organization is a manufacturing company with at least 50 % of its sales to other Montana companies that have 50% of their sales occurring outside of Montana. Section 4 Annual Report. At a date determined by the Director of Administrative Services, the District shall present the Commission and file with the City Clerk a report describing: (1) the activities of the District for the previous year; (2) the activities and the proposed costs to be paid by tax increment financing in the upcoming year; and (3) whether the tenants of the District comply with Sections 1.5 and 3 of this Ordinance. Section 5 Legal Description/Boundaries. The legal description of the District is as shown on EXHIBIT A. The physical boundaries of the District are as shown on EXHIBIT B (both exhibits are hereby incorporated herein and made a part hereof). Section 6 Authorization for Use of Tax Increment Financing/Base Year. In accordance with §7-15-4282, the Commission hereby authorizes the segregation and application of tax increments as provided by §§7-15-4282 – 4294, MCA. For the purpose of calculating the incremental taxable value each year for the life of the District, the base taxable value shall be calculated as the taxable value of all property within the District as of January 1, 2012. 36129 Page 4 of 6 Section 7 Term of Tax Increment Financing Technology District. The tax increment financing technology district will terminate in accordance with §7-15-4292, MCA. Section 8 Costs Which May be Paid From Tax Increment. The tax increment received by the District may be used to pay any costs incurred for an infrastructure development project (in the District), pursuant to the provisions of §7-15-4282 through §7-15-4294, MCA. Section 9 Filing with the Montana Department of Revenue. The City Clerk shall file a copy of the Plan and this Ordinance with the Montana Department of Revenue. Section 10 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 11 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 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 12 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 36230 Page 5 of 6 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 13 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 “Tax Increment Financing Districts.” Section 14 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. ***** End of Ordinance except for signature page and exhibits ***** 36331 Page 6 of 6 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2012. ____________________________________ Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2012. The effective date of this ordinance is __________, __, 2012. _________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 36432 36533 366 34 South Bozeman Technology District Property owners in the proposed district: 1) Advanced Technology INC 910 Technology Blvd. Suite A Bozeman MT, 59718 S14, T02 S, R05 E MINOR SUB 195A NW4 41.97 AC TRACT C-1A 36735 NOTICE OF PUBLIC HEARINGS ON THE CREATION OF THE SOUTH BOZEMAN TECHNOLOGY DISTRICT AND USE OF TAX INCREMENT FINANCING Notice is hereby given that the City Commission for the City of Bozeman, Montana, at its regular meeting on November 5, 2012, at 6 pm in Bozeman City Hall (121 N. Rouse Ave), will hold two public hearings on the creation of the South Bozeman Technology District (the “District”) pursuant to 7-15-4295, MCA. The Commission will first hold a public hearing on Resolution 4414 adopting the Comprehensive Development Plan for the District. The Commission will then hold a public hearing on Ordinance 1844 creating the District and authorizing the use of tax increment financing for the District pursuant to 7-15-4282, MCA. Copies of the proposed Resolution 4144, the South Bozeman Technology District Comprehensive Development Plan, and Ordinance 1844, which includes a tax increment financing provision, a map showing the boundaries of the proposed District, a legal description of the proposed District, and a list of all properties subject to the proposed District, are on file in the office of the Bozeman City Clerk, 121 N. Rouse Ave., Bozeman, MT. Questions concerning the Resolution, Ordinance, the creation of the District, or the use of tax increment financing may be directed to Brit Fontenot, Director of Economic Development, City of Bozeman, 121 N. Rouse Ave. Bozeman, Montana, by email at bfontenot@bozeman.net, or by telephone to 406-582-2258. Publish: October 21, 2012 and November 4, 2012 36836 City of Bozemanv9`Z; T,sa3.o p MAYORAL PROCLAMATION A'CO. d SMALL BUSINESS SA TURDA Y No vembeT 24 2012 WHEREAS, the government of the City of Bozeman believes that small businesses are the backbone of our economy and the glue that holds communities together; and WHEREAS, according to the United States Small Business Administration, there are currently 28 million small businesses in the United States, that represent more than 99 percent of American companies, create two- thirds of new jobs, and generate half of private gross domestic product; and WHEREAS, small businesses employ 1/2 of the employees in the private sector in the United States; and WHEREAS, 93% of US consumers believe it's important to support the local small businesses that they value in their community and 89% agree that locally - owned, independent businesses contribute positively through taxes and jobs; and WHEREAS, Bozeman, Montana supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and WHEREAS, advocacy groups and public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW THEREFORE, I, Sean A Becker, Mayor of the City of Bozeman, by the authority vested in me, do hereby proclaim, November 24, 2012 as: SMALL BUS /NESS SA TURDA Y And urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year, IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to affixed the Great Seal of the City of Bozeman in the State of Montana this 2 °d day of November, 2012. V 14 Sean A. Becker, Mayor, City of Bozeman, Montana 37 community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIS CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net MEMORANDUM TO: BOZEMAN CITY COMMISSION FROM: DAVE SKELTON, SENIOR PLANNER DUSTIN JOHNSON, PROJECT ENGINEER RE: SPRINGHILL PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT/MASTER SITE PLAN – #Z12254 ------------------------------------------------------------------------------------------------------------------------------ The purpose of this memorandum is update the Bozeman City Commission regarding the Conditional Use Permit with Master Site Plan Application for the Springhill Presbyterian Church located at 4769 West Babcock Street lying northwest of the intersection of West Babcock Street and North 19th Avenue. Since the writing of the staff report for this project, the City Engineer’s Office and Planning Department have been working with the applicant’s representatives to clarify the intent of a few of the recommended conditions of approval to be considered by the City Commission on November 19, 2012. This stems from concerns identified by the applicant’s representatives and building committee during the Development Review Committee (DRC) review of the project and preparation of draft conditions to be included in the staff report. While the applicant’s representative advised City staff approximately three weeks ago that the applicant’s concerns with the recommended DRC conditions were generally workable, it is clear that many of building committee members still have concerns. As a result, this past week City staff has discussed said recommended conditions with the applicant’s building committee and clarified and/or modified some of those conditions recommended in the City Commission staff report. Attached please find a summary review of the recommended conditions that the applicant has concerns with as of this week and staff’s response provided in bold, red font (see Attachment “A”). Based on these comments we believe the only outstanding item that is still unresolved is City Engineer’s condition #18. Note that the criterion for this condition, and other related conditions are based on provisions of the Bozeman Municipal Code that include, but are not limited to Section 38.19.100 - Plan Review Criteria, Section 38.19.110 - Conditional Use Permit and Article 24, BMC – Transportation Facilities and Access. In considering applications for plan approval, the advisory and decision-making bodies shall consider criteria where impacts of the proposed project on the existing and anticipated traffic and parking conditions, pedestrian and vehicular circulation have been mitigated. Section 38.24.010 – Streets, further emphasizes the need for implementation of streets within a proposed development that provides for the continuation of streets through a development, as well as between and adjacent to developed and undeveloped lands based their relationship to provide public convenience and safety, proposed uses, and existing street network. Based on these criteria, the City Engineer’s Office and Planning Department recognize the need to satisfy these criteria at this time with condition #18 while avoiding immediate expense and performance by the applicant with their initial phase of the project. Page 2 As a last effort to fine tune the recommended conditions and further discuss condition #18 with the applicant’s representatives, the City Engineer’s Office, Planning Department and the applicant’s representative Madison Engineering, Inc., have recommended that the applicant table this item before the City Commission on November 19, 2012 to allow for one final opportunity to consider the remaining condition(s) prior to the public hearing. This is further recommended based on the potential that only three members of the City Commission may be present next Monday, which will require a 3-0 majority vote for an affirmative action on the matter. Any updates that staff may receive from the applicant or have to offer prior to next Monday’s meeting will be forwarded to the Commission immediately upon receipt. Feel free to contact me in the Planning Office if you have any questions regarding the application in general or the findings provided in the staff report. DS/dps Attachment: Staff Response to Applicant’s Conditions of Concern – Attachment “A” cc: Greg & Susan Gianforte, 1320 Manley Road, Bozeman, MT 59715 Springhill Presbyterian Church, #7 West Main Street, Suite 205, Bozeman, MT 59715 Madison Engineering, 895 Technology Blvd Suite 203, Bozeman, MT 59718 Richard Hixson, City Engineer Craig Woolard, Director of Public Service Tim McHarg, Planning Director Page 1 of 7 Attachment “A” Conditions of Concern Identified by Applicant Updated November 15, 2012 Planning Department Recommended Conditions: 1. Project phasing shall be clearly defined on the Final Site Plan and infrastructure plans and specifications including installation of infrastructure. Any proposed phasing of public infrastructure must be reviewed and approved by the City engineering office. Each phase must address paving, drainage, access and other site improvements independently prior to occupancy. Response: Acknowledged 2. All landscape islands within the interior of the off-street parking lot shall be properly landscaped with 75% live vegetation, exclusive of the trees required under Sec Article 26, BMC. Response: Acknowledged 3. No parking space may be located more than 90 feet from the trunk of a tree, or not more than 10 off-street parking spaces without a landscape island. The site plan will need to be revised to reflect the landscape island shown on the landscape plan located nearest the main entrance of the church. Response: Per section 38.26.050.C.2.e.2 the required spacing between landscape islands is 100 feet, not 10 parking spaces. Staff Comment: The intent of the condition was to verify which plan was correct --- site plan or landscape plan? If you compare the site plan (page C1.0) to the landscape plan (page L1.1) that includes the landscape island, the landscape island is missing on the site plan. The placement of the island makes sense as it maintains the continuity and vehicular patterns developed by the placement of the landscape islands within the context of the parking lot. Since the first line of the condition is not the issue, it has been revised to only address the conflict between the site plan and landscape plan. 4. The Final Site Plan shall include a narrative defining the parameters of the Future Resource Center in terms of use, building type, dimensions and height with development of Phase II for the Master Site Plan. Response: Acknowledged 5. Adequate snow storage areas must be designated outside the sight triangles and parking lot landscape islands in areas that are properly sized and located for snow storage whereby they do not conflict with the landscape features required with the landscape islands, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Page 2 of 7 Response: Acknowledged 6. The landscape plan shall be revised to provide screening of the off-street parking areas from the public way along the north side of Automotive Drive as outlined in Section 38.26.050.C, BMC. Response: Automotive Way runs North-South and perpendicular to the Babcock Street public right of way. Please clarify. Staff Comment: Finding that the City Engineer’s condition #18 has been modified to eliminate the requirement that Automotive Drive is to continue west as a local street to the west end of the parking lot for phase one, screening of the off-street parking lot is not required at this time. Should condition #18 be adopted based on the revised language provided below, this condition is no longer necessary. However, this condition may reoccur with future development as part of a subdivision, site plan or rearrangement of the site with future development. 7. The site plan shall provide at least two additional pedestrian walkways with appropriate crosswalks through the off-street parking lots for adequate access to the community center and the site plan revised accordingly for review and approval. Response: We see no reason for two pedestrian walkways between the main building and the Resource Center (I am assuming you are calling the resource center a community center, which it is not.) We are proposing one pedestrian walkway between the main building and resource center. The parking and driveway spacing between the south property line and the Cascade Street alignment just fits. There is no room to add another pedestrian sidewalk without eliminating a row of parking. Staff Comment: This condition has nothing to do with the resource center ---- the intent is to get at least one if not two more pedestrian walkways “through” the west parking lot area during phase one. Primarily in the area of the larger landscape islands. We have looked at least 2-3 options for pedestrian circulation through the parking lot for consideration. 8. The applicant shall provide a color and materials palette, and the exterior elevations revised to clearly specify and call out each of the components of the color and materials palette submitted with the final site plan application. Response: Acknowledged 9. A public trail as recommended by the Gallatin Valley Land Trust with this application will be constructed with phase two of the project and located in a 25’ wide public access easement as part of any existing trail extending from the Petra Academy southward and adjacent to the wetlands mitigation boundary. A Class II trail per the construction specifications in Appendix C of the 2007 PROST Plan shall be provided for this corridor. Page 3 of 7 Response: It is our understanding this trail exists, as part of the trail system constructed in the Baxter Springs park and wetland complex, located to the west of the property. Staff Comment: GVLT notes that the trail does not exist at this time (as of two months ago), only in the form of a pathway from local foot traffic. While the plats do not show a public access easement in this part of the corridor it has been determined that the southern panhandle of the wetlands areas was dedicated with the Bronken Park dedication. Therefore, the 25-foot easement is not necessary. Recommend you contact Gary Vodehnal with GVLT to discuss participation in improving this section of the trail southward. Where is Baxter Springs park or are you talking about Bronken Park? 10. 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. Response: Acknowledged City Engineer Recommended Conditions: 11. Project phasing shall be clearly defined on the Final Site Plan and infrastructure plans and specifications including installation of infrastructure. Any proposed phasing of public infrastructure must be reviewed and approved by the City engineering office. Each phase must address paving, drainage, access and other site improvements independently prior occupancy. Response: Acknowledged 12. At this time the lot being proposed for this development has not paid cash-in-lieu of water rights. Prior to development cash-in-lieu of water rights will be required to be paid. The applicant is required to produce an estimate for the annual water consumption for the facility at full build out. This water consumption rate will be reviewed by the Engineering Department to determine the final amount for cash-in-lieu of water rights. Response: Acknowledged 13. A detailed Traffic Impact Study for the proposed development, including a level of service evaluation, shall be provided. Response: Acknowledged 14. Based on recent decisions by the City of Bozeman City Commission, the East half of Cottonwood Road is not required to be constructed with the initial phase of development of this project. Any future phases of this development that demonstrate impact on Cottonwood Road will result in requirements that improvements to the road be completed prior to future building permits. Response: Any future development will impact Cottonwood to some degree. Does this Page 4 of 7 condition state that Phase II will automatically trigger the east half of Cottonwood to be constructed along our frontage or does it imply that on-site development that impacts Cottonwood to the extent that improvements are required would trigger the condition? Staff Comment: There will be no broad conditions of approval with this application that will require (or not require) improvements to Cottonwood Road for future phases. The intent is to review each phase of this development independently. At the time of phase II, or future phases beyond phase II, it will be determined if the proposed development is significant enough to require a traffic study. If the traffic study determines that Cottonwood Road operates at an unacceptable standard or the proposed development would significantly impact the standard of operation of the road requirements for improvement would be determined at that time. 15. Unless currently filed with the property, the applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, storm drainage, and intersection improvements at Cottonwood Road/Durston Road and Cottonwood Road/Huffine Lane. Response: We assume the City will prepare these documents for execution. Staff Comment: The City will provide the applicant a copy of the standard Waiver of Right to Protest for them to fill out the proper titles, legal descriptions, and other details. The applicant will provide a draft of the document to the City to verify the document fulfills the conditions of approval. Once the document is finalized the applicant will sign, execute, and record the document at the clerk and recorders and provide a copy of the recorded document to the City. 16. The proposed Cascade Street shall be constructed to include full boulevard sidewalk (with boulevard trees) and the full roadway from back of curb to back of curb with a 60 foot public street easement. The street design must be submitted, reviewed, and accepted by the City Engineering department prior to any construction and issuance of building permits. The extension must line up directly with the existing portion of the street to the east of Cottonwood Road. Any realignment of the street from what is currently platted for the property must be reviewed and approved by the City Engineering Department. Response: We acknowledge this condition and request that the sidewalks, adjacent the Baxter Ditch crossing, to be curbside walks to reduce the impact to the wetlands area. In addition, we request that only the sidewalk on the south side be required until such time as the remainder of Cascade Street to the north is constructed. The north walk would basically go nowhere if constructed before the north Cascade section. We also request that the parking setback, from the 60 foot wide easement, be reduced to 5’ for the adjacent parking stalls. Typically this would be 15 feet and if imposed would eliminate a row of parking proposed for Phase II. Page 5 of 7 Staff Comment: City Engineering has reviewed the proposed alignment and design provided by the applicant for the crossing of the Baxter Ditch for the Cascade Street extension. Preliminarily, it would seem reasonable to allow a short segment of curb walk for the ditch crossing in order to reduce the impact to the wetlands. City Engineering has discussed a few scenarios with the applicants engineering representative and it appears that an agreeable solution can be met. The final alignment and design will be reviewed and approved at the time of infrastructure submittal. 17. With this phase of development Cascade Street shall be constructed from Cottonwood Road to the point in which the proposed alignment will turn north. A 60 foot public street easement will be required for the portion of Cascade Street that will run north to the property line with Petra Academy to tie into the public street easement for Cascade Street that has previously been recorded with the Petra Academy development. The portions of Cascade Street that runs north and then west along the property boundary with Petra Academy will not be required to be constructed until a future phase of development when it is determined to be necessary. Response: We acknowledge this condition and request clarification on what the City considers to be necessary? With regards to your “future phase” would this be Phase II or the future phases as shown on the site plan, west of Phase I? We suggest a traffic study would be used as the vehicle to determine the “necessary”. Staff Comment: Similar to the response provided for condition 14 above, no requirements to build or not build Cascade Street will be provided with this review for future phases of development for this site. City staff agrees that future phases of significant development will require traffic studies and these future traffic studies will be used to determine whether the improvements to Cascade will be required with that phase of development. 18. Automotive Drive from Babcock Street northward to its intersection with the east-west driveway the western most drive access for the parking lot proposed for phase I shall be constructed in the initial phase of the project. It shall be constructed to a full local street standard. A public street easement (60 feet wide) will be required for this extension. The sidewalk on the east side of the north-south running segment of the street will not be required with this phase of development. Curb, gutter, and sidewalk will be provided on the side of the street that Automotive Drive borders the proposed development. At the point of the primary entrance of this development Automotive Drive will continue west and eventually wrap around to connect to the northern portion of Cascade Street along the north properly line with Petra Academy. A public street easement (60 feet wide) will be required for this extension, but the street will not be required to be constructed until a future phase of development when it is determined to be necessary. Page 6 of 7 The landowner will execute an Irrevocable Offer of Dedication for a 60 foot wide Street and Utility Easement for the future connection between Babcock Street and Cascade Street. The Irrevocable Offer shall be worded such that the offer remains in effect regardless of transfer of ownership of the land. This Irrevocable Offer will ensure the opportunity to expand the local street network with further development of the site is not inhibited. The future alignment of the easement subject to the Irrevocable Offer may or may not utilize Automotive Drive. At the time of consideration of each future phase of development of the property within the Master Site Plan, the location and timing of installation of the actual street will be evaluated and if determined by the City to be needed shall be installed. The Irrevocable Offer shall be reviewed and approved by the City and recorded with the Gallatin County Clerk and Recorder prior to Final Site Plan approval of the Conditional Use Permit and Master Site Plan Z-12254. Depending upon the conclusions of the City after conducting the review of future phases the Irrevocable Offer may be released upon mutual agreement of the land owner(s) and the City. In lieu of an Irrevocable Offer the applicant may prepare and execute an agreement with the City of Bozeman that specifically outlines the details, time schedule and specifications for implement of a local street. Response: We agree to construct the north-south drive from Babcock to the parking lot with Phase I to full local street standards, with a boulevard and sidewalk on the west side, and provide a public street easement to the beginning of the parking lot. To align the drive with Automotive Way, to the south, approximately 6.5 feet of the easement will need to be located on the adjacent property to the east. Springhill Church would provide the portion of easement that would be on the Church property at this time and then when the adjacent property develops they would provide the remainder of the 60’ wide easement. We propose that no sidewalk is required on the east side of the roadway, with this or any future development, and the parking setback from the easement lines be reduced to 5 feet from the standard 15 feet. With regards to the remainder of the drive it is unknown at this time where the potential west and northern drive will be eventually be located. We propose that the location of any future drives, outside of the Phase I & II boundary be dealt with with future application(s). Staff Comment: This condition may be amended as provided above such that Automotive Drive will be constructed to a local City street standard, northward to is terminus with the east-west parking lot driveway, with the additional language provided above requiring the applicant to execute an Irrevocable Offer of Dedication for a 60 foot wide Street and Utility Easement or Agreement with the City for the future connection between Babcock Street and Cascade Street. 19. No private drive accesses will be permitted onto Cottonwood Road. Response: Acknowledged Page 7 of 7 20. Any dead end street or access that extends longer than 150 feet must provide an adequate emergency turn-around that is approved by the Bozeman Fire Department. Response: Acknowledged 21. An all-weather emergency access drive will be constructed to connect Cascade Street to the parking lot proposed with this development. A paved drive apron shall be constructed the first 75 feet of the emergency access drive starting at the intersection of Cascade Street. Adequate signage will be provided along the emergency access drive restricting non-emergency traffic or parking. Response: Acknowledged Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Planning Director SUBJECT: Springhill Presbyterian Church Conditional Use Permit with Master Site Plan Application #Z-12254 MEETING DATE: November 19, 2012 AGENDA ITEM TYPE: Action-Quasi Judicial RECOMMENDATION: That the City Commission approves the Conditional Use Permit with Master Site Plan Application for Springhill Presbyterian Church #Z-12254 with the conditions and code provisions and findings within the staff report. RECOMMENDED 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-12254 and move to approve the conditional use permit with master site plan application with the recommended conditions and subject to all applicable code provisions” BACKGROUND: Property owners Greg and Susan Gianforte, and applicant Springhill Presbyterian Church have submitted a conditional use permit application with a master site plan that includes a first phase site plan application requesting to allow the construction of a 24,150± square foot church with accessory facilities and associated site improvements on an existing lot located at 4769 West Babcock Street lying northwest of the intersection of West Babcock Street and North 19th Avenue. A conditional use permit is required for a community center (i.e., nonprofit cultural, educational, recreational, religious or social activities which is open to the public or a designated part of the public) in the R-MH zoning district. The Master Site Plan will determine the overall development plan and street network for the site that includes development of a 60,325 square foot church and accessory facilities as a two-phased project with the western portions of the site for future R-MH development. The first phase Site Plan will allow new construction of a 25,150± square foot church with accessory facilities, off-street parking and related site improvements. The Department of Planning and Community Development and the Development Review Committee (DRC) reviewed the application. The application is found to be in general compliance with the adopted Bozeman Community Plan and Chapter 38, BMC and conditional approval of the proposal is recommended to the City Commission with the conditions and code provisions outlined in this staff report. The recommended conditions begin on page 2 of this 38 staff report. The recommended code provisions can be found beginning on page 7 of this staff report. The Planning Department has not received any testimony from the general public as of the writing of staff report, exclusive of agency comments provided by the Gallatin Valley Land Trust and the landowner. The City Commission is the final approval authority for Conditional Use Permit applications, per Section 18.34.070.B.3 of the BMC. UNRESOLVED ISSUES: None at this time. The recommended conditions have been forwarded to the applicant for consideration. Refinement of the conditions related to the overall street network for the site may be necessary prior to, or during the public hearing. ALTERNATIVES: 1. Approve the application with the Staff conditions; 2. Approve the application with modifications to the Staff conditions; 3. Deny the application based on a finding of non-compliance with applicable criteria; 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information. FISCAL EFFECTS: No significant fiscal effect has been identified. The development of a church on this property will increase tax values and corresponding revenue from the property. The City will accrue additional costs to service the property with municipal service. Attachments: Staff Report Aerial Vicinity Map Applicant’s submittal materials Report compiled on: November 7, 2012 39 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 1 City Commission Staff Report for Springhill Presbyterian Church CUP/Master Site Plan File #Z-12254 Item: Zoning Application #Z-12254 --- A Conditional Use Permit Application with a Master Site Plan including a first phase Site Plan to determine the overall development plan with off-street parking and site related improvements for the Springhill Presbyterian Church. The first phase Site Plan will allow the construction of a 24,150 square foot church with accessory facilities and associated site improvements on an existing zone lot located at 4769 West Babcock Street lying northwest of the intersection of West Babcock Street and North 19th Avenue. Owner: Greg & Susan Gianforte, 1320 Manley Road, Bozeman, MT 59715 Applicant: Springhill Presbyterian Church, Attn: Dan Hertel, #7 West Main Street, Suite 205, Bozeman, MT 59715 Date: City Commission Meeting November 19, 2012 at 6:00 p.m., in the City Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Dave Skelton, Senior Planner Recommendation: Conditional Approval ______________________________________________________________________________ PROJECT LOCATION The subject property is located west of North Cottonwood Road and north of West Babcock Street lying approximately 700 feet northwest of the intersection of said streets. The site is 21.57± acres in size and legally described at Tract 3, Block 3, Valley West Subdivision located in the NE One-Quarter of Section 9, Township 3 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-MH (Residential Manufactured Home District). Please see the vicinity map below. 40 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 2 PROPOSAL The applicant, Springhill Presbyterian Church, represented by Madison Engineering, LLC, has made application to the Bozeman Department of Planning and Community Development for a Conditional Use Permit and Master Site Plan to develop a 21.57-acre parcel of vacant land for a church with accessory facilities with site related improvements and for future R-MH development. A conditional use permit is required for a community center (i.e., nonprofit cultural, educational, recreational, religious or social activities which is open to the public or a designated part of the public) in the R-MH zoning district. The Master Site Plan will determine the overall development plan and street network for the site that includes development of a 60,325 square foot church and accessory facilities as a two-phased project with the western portions of the site for future R-MH development. The first phase Site Plan will allow new construction of a 25,150± square foot church with accessory facilities, off-street parking and related site improvements. On November 24, 2012 the Development Review Committee (DRC) recommended conditional approval of this Conditional Use Permit with Master Site Plan application and their recommended conditions, code citations and comments are included in this report. RECOMMENDED CONDITIONS OF APPROVAL Based on the subsequent analysis, the Development Review Committee and Staff find that the application, with conditions and code provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Code. The following conditions of approval are recommended. Please note that these conditions are in addition to the required code provisions beginning on page 7 of this report. Planning Department Recommended Conditions: 1. Project phasing shall be clearly defined on the Final Site Plan and infrastructure plans and specifications including installation of infrastructure. Any proposed phasing of public infrastructure must be reviewed and approved by the City engineering office. Each phase must address paving, drainage, access and other site improvements independently prior to occupancy. 2. All landscape islands within the interior of the off-street parking lot shall be properly landscaped with 75% live vegetation, exclusive of the trees required under Sec Article 26, BMC. 3. No parking space may be located more than 90 feet from the trunk of a tree, or not more than 10 off- street parking spaces without a landscape island. The site plan will need to be revised to reflect the landscape island shown on the landscape plan located nearest the main entrance of the church. 4. The Final Site Plan shall include a narrative defining the parameters of the Future Resource Center in terms of use, building type, dimensions and height with development of Phase II for the Master Site Plan. 5. Adequate snow storage areas must be designated outside the sight triangles and parking lot landscape islands in areas that are properly sized and located for snow storage whereby they do not conflict with the landscape features required with the landscape islands, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 6. The landscape plan shall be revised to provide screening of the off-street parking areas from the public way along the north side of Automotive Drive as outlined in Section 38.26.050.C, BMC. 7. The site plan shall provide at least two additional pedestrian walkways with appropriate crosswalks through the off-street parking lots for adequate access to the community center and the site plan revised accordingly for review and approval. 41 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 3 8. The applicant shall provide a color and materials palette, and the exterior elevations revised to clearly specify and call out each of the components of the color and materials palette submitted with the final site plan application. 9. A public trail as recommended by the Gallatin Valley Land Trust with this application will be constructed with phase two of the project and located in a 25’ wide public access easement as part of any existing trail extending from the Petra Academy southward and adjacent to the wetlands mitigation boundary. A Class II trail per the construction specifications in Appendix C of the 2007 PROST Plan shall be provided for this corridor. 10. 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. City Engineer Recommended Conditions: 11. Project phasing shall be clearly defined on the Final Site Plan and infrastructure plans and specifications including installation of infrastructure. Any proposed phasing of public infrastructure must be reviewed and approved by the City engineering office. Each phase must address paving, drainage, access and other site improvements independently prior occupancy. 12. At this time the lot being proposed for this development has not paid cash-in-lieu of water rights. Prior to development cash-in-lieu of water rights will be required to be paid. The applicant is required to produce an estimate for the annual water consumption for the facility at full build out. This water consumption rate will be reviewed by the Engineering Department to determine the final amount for cash-in-lieu of water rights. 13. A detailed Traffic Impact Study for the proposed development, including a level of service evaluation, shall be provided. 14. Based on recent decisions by the City of Bozeman City Commission, the East half of Cottonwood Road is not required to be constructed with the initial phase of development of this project. Any future phases of this development that demonstrate impact on Cottonwood Road will result in requirements that improvements to the road be completed prior to future building permits. 15. Unless currently filed with the property, the applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, storm drainage, and intersection improvements at Cottonwood Road/Durston Road and Cottonwood Road/Huffine Lane. 16. The proposed Cascade Street shall be constructed to include full boulevard sidewalk (with boulevard trees) and the full roadway from back of curb to back of curb with a 60 foot public street easement. The street design must be submitted, reviewed, and accepted by the City Engineering department prior to any construction and issuance of building permits. The extension must line up directly with the existing portion of the street to the east of Cottonwood Road. Any realignment of the street from what is currently platted for the property must be reviewed and approved by the City Engineering Department. 17. With this phase of development Cascade Street shall be constructed from Cottonwood Road to the point in which the proposed alignment will turn north. A 60 foot public street easement will be required for the portion of Cascade Street that will run north to the property line with Petra Academy to tie into the public street easement for Cascade Street that has previously been recorded with the Petra Academy development. The portions of Cascade Street that runs north and then west along the property boundary 42 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 4 with Petra Academy will not be required to be constructed until a future phase of development when it is determined to be necessary. 18. Automotive Drive from Babcock Street to the western most drive access for the parking lot proposed for phase I shall be constructed in the initial phase of the project. It shall be constructed to a full local street standard. A public street easement (60 feet wide) will be required for this extension. The sidewalk on the east side of the north-south running segment of the street will not be required with this phase of development. Curb, gutter, and sidewalk will be provided on the side of the street that Automotive Drive borders the proposed development. At the point of the primary entrance of this development Automotive Drive will continue west and eventually wrap around to connect to the northern portion of Cascade Street along the north properly line with Petra Academy. A public street easement (60 feet wide) will be required for this extension, but the street will not be required to be constructed until a future phase of development when it is determined to be necessary. 19. No private drive accesses will be permitted onto Cottonwood Road. 20. Any dead end street or access that extends longer than 150 feet must provide an adequate emergency turn-around that is approved by the Bozeman Fire Department. 21. An all-weather emergency access drive will be constructed to connect Cascade Street to the parking lot proposed with this development. A paved drive apron shall be constructed the first 75 feet of the emergency access drive starting at the intersection of Cascade Street. Adequate signage will be provided along the emergency access drive restricting non-emergency traffic or parking. Conclusion/Recommendation The DRC and Planning Department have reviewed the Conditional Use Permit with Master Site Plan and first phase Site Plan application for the Springhill Presbyterian Church and recommends to the City Commission approval of said application with the conditions and code provisions outlined in this staff report. Staff has identified various code provisions that are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of the Bozeman Unified Development Code, which are applicable to this project, prior to receiving Final 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. ZONING DESIGNATIONS & LAND USES The property is zoned R-MH (Residential Manufactured Home District). The intent of the RMH district is to provide for manufactured home community development and directly related complementary uses within the City at a density and character compatible with adjacent development. The following land uses and zoning are adjacent to the subject property: North: Petra Academy, Phase 1 zoned “RMH” (Residential Manufactured Home District). South: Vacant lands zoned “B-1” (Neighborhood Commercial District), West Babcock Street right-of- way, and partially developed lands part of J C Billion Subdivision zoned “B-1” (Neighborhood Commercial District) and R-4 (Residential High Density District). East: Vacant lands as future phases of Norton East Ranch Subdivision, zoned “R-4” (Residential High Density District) and “PLI” West: North Cottonwood Road right-of-way and Valley West Subdivision PUD, zoned “R-3” (Residential Medium Density District) 43 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 5 Adopted Growth Policy Designation The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Residential”. The “Residential” 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. This proposal is for a church and associated accessory uses such as class rooms, nursery, office area and outdoor activity areas. The proposal is in conformance and consistent with this designation. REVIEW CRITERIA & STAFF FINDINGS The Planning and Community Development Office has reviewed the application for a Conditional Use Permit against the relevant chapters of the Unified Development Code (UDC), and as a result offers the following summary review comments. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC). This project is not located within an entryway overlay district and is not reviewed by the Design Review Board; however, Administrative Design Review (ADR) staff has reviewed the project in light of the Conditional Use Permit and Site Plan criteria and included their comments and recommendations as well. Section 38.19.110 “Conditional Use Permits” In addition to the review criteria of Section 38.19.090, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. The 21.57-acre site is adequate in size and topography to accommodate the proposed church, accessory uses and all related site improvements. No physical features or outcroppings exist on the site that would limit build out of the tract of land being considered. Additional land area is also available for possible future building expansion(s) and improvements on the western portions. As conditioned, the yards, parking, and landscaping can properly work within the context of the immediate area. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Staff has not received any public comment from the generally public as of the writing of this report. The landowner has provided written comment expressing support of the proposed church and is attached to this staff report. Any public comment received after the completion of the City Commission packets will be distributed to the Commission members at the public hearing. Following review of the proposed application with the inclusion of the recommended conditions, staff finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of hours for certain activities; time period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make possible the development of the City in an orderly and efficient manner. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please refer to the recommended conditions of 44 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 6 approval and findings within this report. Section 18.19.100 “Plan Review Criteria” In considering applications for plan approval, 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. 1. Conformance to and consistency with the City’s adopted growth policy 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 The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. , 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. 2. Conformance to this title, including the cessation of any current violations The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following code provisions must be addressed prior to Final Site Plan approval: a) Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. b) Section 38.19.110.I. BMC Termination/ Revocation of Conditional Use Permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a 45 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 7 period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 38.19.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC. c) 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. If occupancy of any structure d) Section 38.19.120 requires that the final site plan shall contain the materials required in 38.41.080.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. e) 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. f) 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 g) 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. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.” h) Sections 38.23.150 requires a lighting plan for all on-site lighting including all-mounted lights on the building and must be included in the final site plan submittal. 38.23.150. D.7.e states that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. Section 38.23.100.A.2.c requires a water course setback planting plan for all watercourses. A watercourse setback planting plan shall be provided for the watercourse along Cottonwood Road with the final site plan for phase one of the project. 46 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 8 i) 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. j) 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. k) Section 38.23.150.D.7.c requires that all site lighting other than pathway intersection lighting and security lighting all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. Typical details and manufacturer cut sheets for all free-standing and wall-mounted fixtures shall be provided on the preliminary Final Site Plan for review and approval. l) Section 38.23.170 discusses trash enclosures. A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-household dwellings, duplexes, individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of five feet above grade from any abutting street or property. The size of the trash receptacle shall be appropriately sized for the use and approved by the City Sanitation Department. m) Section 38.23.170.A.4 Construction 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 site plan. n) Section 38.42.1530 – at least 75% of all landscape areas shall be covered with natural grass, live vegetation groundcover, or other natural living plant materials. The landscape plan shall be revised to confirm that all landscape areas including interior landscape areas shall provide 75% live vegetation. o) Section 38.25.020.M - Snow removal storage areas shall be provided sufficient to store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas provided for required parking access and spaces, and shall not be placed in such a manner as to damage landscaping. All snow removal storage areas shall be located and designed such that the resultant stormwater runoff is directed into landscaped retention/detention and water quality improvement facilities as required by the engineering department, or in compliance with any adopted storm drainage ordinance or best practices manual. Adequate snow storage areas other than the landscape islands will need to be provided on the final site plan. p) Section 38.25.040.A.5 - Bicycle parking required. All site development, exclusive of those qualifying for sketch plan review per article 19 of this chapter, shall provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. The number of bicycle parking spaces shall be at least ten percent of the number of automobile parking stalls required by Tables 24-2 and 24-4 before the use of any special exception or modification but shall in no case be less than two. q) Section 38.26.050.C.2.a(2) - All parking lots located between a principal structure and a public street, except M-1 and M-2 districts, must be screened for the public street. Parking lots fronting onto Cascade Street will require screening from the public street. 47 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 9 r) Section 38.26.050.C.2.c - No parking space may be located more than 90 feet from the trunk of a tree, or not more than 10 off-street parking spaces. Section 18.48.050.L requires that the finish grade of all landscape areas including stormwater facilities shall not exceed a slope of 25% grade (4 run: 1 rise). All stormwater retention/detention facilities to be designed as landscape amenities. See specific code section for specific language and requirements. A cross section and landscape detail of each facility that meets the requirements of this section shall be submitted with the final landscape plan. s) The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. t) A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silts, oils, grease, and other pollutants must be provided and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations) and shall include calculations for stormwater runoff and sizing of stormwater piping. 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. u) Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. v) Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant w) If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. x) Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). y) Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. z) Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. Site Plan Concurrent Construction has been requested for this project. However, no building permits will be issued prior to City acceptance of the infrastructure design and, plans & specifications. 48 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 10 aa) City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. bb) The drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. cc) Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. dd) All trees must be at least 10 feet from any public utilities or service lines. All public utilities and services lines must be shown on the Final Landscaping plan. ee) The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". ff) Easements for any water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. gg) The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. hh) The developer shall make arrangements with the City Engineer's office to provide addressing for this (and any future) proposed development. ii) The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. jj) All construction activities shall comply with section 18.74.020.A.2. of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. kk) A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code shall be installed with any development responsible for food preparation. In accordance with Municipal Code, on-site maintenance and interceptor service records shall be kept on a regular basis and made available to the City upon request. 3. Conformance with all other applicable laws, ordinances, and regulations The Final Plan will be reviewed to ensure compliance with this section. The plans will be further evaluated against the requirements of the International Building Code at the time application is made for a Building Permit if required. 4. Relationship of site plan elements to conditions both on and off the property Existing- The subject property is currently undeveloped and maintained in native grasses. No physical features, mature vegetation or watercourses and associated wetlands exist on the site with exception to the watercourse paralleling the sites east boundary along North Cottonwood Road. The west side of North Cottonwood Road, a minor arterial road is constructed in its final location. The current temporary access road situated along West Babcock Street (future Automotive Drive) is unfinished road base. 49 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 11 Proposed- The Master Site Plan will determine the overall development plan and parking arrangement for a church and associated uses, including a children’s gathering area, ministry rooms, administration offices, nursery, outdoor activity area, common parking, circulation, and site improvements. The first phase Site Plan application will allow the new construction of a 24,150 square foot church building with associated site improvements. The proposal includes the extension of Automotive Drive from West Babcock Street northward as a local street with curb, gutter and sidewalk. The local street will intersect with a local east/west vehicular route that is intended to provide access from North Cottonwood Road. The master site plan proposal includes a second phase for construction of an additional 32,800± square feet for accessory facilities and uses associated with the church along with additional off-street parking areas to the east and west area of phase one. The applicant’s site plan also illustrates the remaining west portion of the site for future development, which has yet to be determined by the applicant at this time. Future development may include further subdivision of the land or site plan review for site specific uses, or a combination thereof. The northwest side of the proposed Springhill Presbyterian Church site includes a wetland mitigation area that was installed by the Valley West developers in 2009. The mitigation was required by the Army Corps of Engineers for wetland fill in the Valley West Subdivision east of Cottonwood Road. Although the mitigation work is complete, the area continues to be monitored, as required by the permit from the Army Corps. The Petra Academy immediately to the north has constructed a pedestrian trail to connect the school site with the trail network associated with the wetlands. Staff has received a request by the Gallatin Valley Land Trust dated October 23, 2012 that the applicant of this CUP/ Master Site Plan application extend the trail along the western edge of the subject property to West Babcock Street (see Attachment “A”). The staff is recommending with condition #9 that the applicant would extend said trail with the development of phase two of the church project. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions During the informal review of this project in June of 2012, the Development Review Committee identified the need to continue the implementation the area’s transportation network by providing adequate east/west connectivity in the subject area. The criteria for consideration was two-fold: 1) to determine an appropriate east/west connector situated between the collector road, West Babcock Street situated to the south and Durston Road, a minor arterial to the north, and 2) determine an appropriate egress/ingress point onto North Cottonwood Road. As discussed above in criterion #4, the proposal includes the extension of Automotive Drive from West Babcock Street northward as a local street with curb, gutter and sidewalk that will continue to the west for future development of the site. For the first phase of development all traffic from this proposed site would directly access the new local street, Automotive Drive as its primary access. A paved secondary access will complete the developments vehicular circulation by connecting with the current alignment of Cascade Street at North Cottonwood Road as outlined in condition #17. The City Engineer’s Office is recommending that the Automotive Drive be constructed to the west end of phase one to City standards within a 60-foot wide public street easement with paving, curb and gutter, and a boulevard sidewalk on the east and north sides of the local street (see condition #18). A 60’ wide public street easement is required with the first phase to connect Cascade Street in future phases with the existing east/west public street easement filed with the Petra Academy, situated immediately to then north of this site. The City Engineer’s Office is recommending with condition #16 that this section of the Cascade Street be constructed with future phases of the development based on the need to complete the street network identified within this neighborhood. Three parcels on the east side of Cottonwood Road have received variances to not improve Cottonwood Road to standard principal arterial standards. Another parcel on the east side of Cottonwood Road has been conditioned that their frontage of Cottonwood Road shall be improved to standard principal arterial standards prior to completion of the final phase of the development. The Petra Academy to the 50 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 12 immediate north of this CUP/Master Site Plan application will construct the extension of Cascade Street with phase four of their Master Site Plan. A total of 133 parking stalls including 5 accessible spaces are provided on site with the first phase church construction. Based upon the calculation provided by the applicant for a community center proposed on site this appears to be acceptable. The final master plan required parking will be based upon the actual uses and floor plans proposed for the school additions and future field house/event center. The parking areas are divided into separate lot areas that help to minimize the negative visual aspects of larger parking areas on site. The parking will be provided to both sides and in front of the building located on the local public ways. The back side of the church is reserved for outside social activities. Staff has noted a code provision regarding the accessible parking provided on site. Conformance with the dimensional standards of this section including location of accessible aisles will be required with the final site plan. 6. Pedestrian and vehicular ingress and egress The primary entrance for both pedestrians and vehicles to the development is from Automotive Drive via West Babcock Street and North Cottonwood Road. A secondary emergency access will be developed to connect the parking lot of phase one to Cascade Street. A 75 foot paved apron will be constructed at the intersection of the access drive and Cascade Street. Adequate signage will be provided along the emergency access drive restricting nonemergency traffic or parking. The City Engineer’s Office is recommending that Automotive Drive and Cascade Street as local streets provide standard 5-foot wide sidewalks and a 5½-foot wide boulevard. Planning Staff is recommending condition #7 where at least two additional pedestrian walkways through the parking lot with appropriate crosswalks are provided for adequate pedestrian access to the community center. 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 The landscape plan is required to meet the standard of 23 performance points. The landscape plan currently designates that those points are met on site. Staff notes in the code provisions that the required parking lot landscape screening is deficient for Cascade Street and will have to be addressed on the final site plan. This also applies to the off-street parking for phase two where the proposed berm planned along North Cottonwood Road does not verify the maximum allowed grade of 25%. The designated snow storage areas shall not be placed in such a manner as to damage landscaping and parking lot landscape islands. The snow storage areas are not of adequate size and area, and must be located in areas other than the parking lot landscape areas. Staff has noted code provisions for these items that will be required to be satisfied with the final site plan submittal. The final landscape plan will be reviewed during final site plan review for conformance with the requirements of Article 26, BMC. 8. Open space The existing open space on site is located along the western side of the property as a wetlands mitigation area that serves as an extension of the Bronken Park to the north. The site also includes a tributary to Baxter Creek along North Cottonwood Road. A 50’ watercourse setback is required from the stream corridor to protect the open space character of this natural feature. In addition to the landscaped yard spaces, wetland mitigation areas and stream corridor, open spaces are proposed in the form of activity areas on site. 9. Building location and height The RMH district allows a maximum building height of 36 feet with roof pitches equal to or greater than 9:12. The proposed building elevations indicate that the fellowship hall with phase one of the project will exceed the maximum allowable building height (i.e., 38’-10”). Section 18.38.060.D.2 allows 51 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 13 additional height allotments for places of public assembly in churches, schools, and other permitted public and semipublic buildings. The section allows an additional 1 foot in height per additional 1 foot of setback to the side and rear yards required in the district. The proposal exceeds the side and rear yard setbacks required for the proposed fellowship hall at 38’-10”feet in height. 10. Setbacks The yard setbacks in the RMH district adjacent to arterial streets (i.e., North Cottonwood Road) are 25 feet minimum for buildings, parking and driveway circulation areas. This setback is immaterial to this project as the Baxter Creek tributary watercourse exists in the vicinity which increases the setback to 50’ from the high water line of the watercourse. The church and off-street parking areas are outside of this watercourse setback. The property’s designated front yard is on a local street (extension of Cascade Street) and is a 15-foot setback along that street for buildings and off-street parking areas. The required side and rear yard setbacks of five feet and 20 feet will be met with the proposed church. The 15-foot off-parking lot setback from Cascade Street shall be taken from the public right-of-way or public street easement, whichever is applicable and noted accordingly on the final site plan for review and approval. 11. Lighting The application has not provided information related to on-site lighting. All lighting fixtures must be noted on the final site plan including wall-mounted lighting, parking lot lighting and any proposed security lighting. 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. Typical details and manufacturer cut sheets for all free-standing and wall-mounted fixtures shall be provided with the preliminary final site plan for review and approval. All site lighting other than pathway intersection lighting and security lighting shall be turned off between 11:00 p.m. and 6:00 a.m. 12. Provisions for utilities, including efficient public services and facilities The private utilities and public infrastructure are located in adjacent streets to the south and east. The applicant will extend an 8” water main from West Babcock Street via Automotive Drive to the building. Sanitary sewer service is located in North Cottonwood Road and will extend an 8” main at its current location. The applicant will need to coordinate with Northwest Energy, Qwest, or other private providers for other services. The utilities and easements need to be coordinated with the landscape plan to ensure no overlap. No trees are permitted within ten feet of mains and services as noted in the conditions. All final utility locations, both public and private are required to be shown on the final site plan for final approval. 13. Site surface drainage Stormwater retention and detention is proposed to be satisfied with an stormwater swale that will be collected storm water runoff in a large stormwater retention/detention pond located at the northwest corner of the site adjacent. Stormwater runoff calculations will be required as part of the Final Site Plan and any needed grading for stormwater must be provided. Staff notes code provisions in this report that require that the pond be landscaped as an amenity, meet naturalized planting requirements, and include slopes no greater than 25% grade (4’ run: 1’ rise). 14. Loading and unloading areas The applicant has proposed a drop off and pick up area for patrons at the main entrance of the church. There are no specific loading or unloading areas required for the office building complex. The existing development on the site provides adequate circulation and backing distances necessary to access any delivery activates. The refuse areas will need to be reviewed and approved by the sanitation department and properly screened. 15. Grading 52 #Z-12254 Springhill Presbyterian Church CUP/Master Site Plan Staff Report 14 Some grading will be required on site. The site generally slopes from south to north. The Engineering Department has found the preliminary grading and drainage plan generally acceptable. A final grading and drainage plan with final calculations is required for review and approval by the City Engineering Department prior to final site plan approval. 16. Signage No signage is requested as part of this application. All new signage shall require a sign permit and shall be included with the Final Site Plan submittal. Staff notes a code provision that requires all signs proposed to be in conformance with the underlying RMH zoning. All final exhibits in the final site plan shall show all signage in conformance with the signage requirements of the district. 17. Screening Staff has noted a code provision that requires all mechanical equipment to be screened. The final master site plan and first phase site plan shall contain a notation that “No ground mounted mechanical equipment, including, but not limited to utilities, air exchange conditioning units, transformers, and meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid wall and adequate landscape features. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.” Staff also notes that parking lot screening has not been satisfied along Cascade Street or North Cottonwood Road. The final landscape plan submitted with the final site plan shall reflect the screening for the parking areas as required. 18. Overlay district provisions Not applicable. The site is not within an Overlay District. 19. Other related matters, including relevant comment from affected parties The Planning Department has received public comment from the landowners of record indicating support of the proposed church project. With exception from agency comments, no public additional comment has been received to date. 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: 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 The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable, the proposed development is on one lot and part of a conforming unified development. Attachments: Applicant’s Submittal Materials Aerial exhibit Report Sent to: Greg & Susan Gianforte, 1320 Manley Road, Bozeman, MT 59715 Springhill Presbyterian Church, #7 West Main St, Bozeman, MT 59715 Madison Engineering, 517 South 22nd Avenue, Ste. 4 Bozeman, MT 59718 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 LAWN LAWN LAWN LAWN LAWN LAWN NATIVE SEEDING RE-SEED ALL DISTURBED AREAS NATIVE SEEDING RE-SEED ALL DISTURBED AREAS NATIVE SEEDING RE-SEED ALL DISTURBED AREAS NATIVE SEEDING RE-SEED ALL DISTURBED AREAS NATIVE SEEDING RE-SEED ALL DISTURBED AREAS NATIVE SEEDING RE-SEED ALL DISTURBED AREAS NATIVE SEEDING RE-SEED ALL DISTURBED AREAS LAWN LAWN IRRIGATED TURF LIMITS Boulder (typ) Boulder (typ) Boulder (typ) Edging line 50' STREAM SETBACK CORRIDOR Symbol Plant Name (Scientific)Size @ Planting Mature Size Qty Plant Table Northwood Maple (Acer rubrum) American Linden (Tilia americana) Ohio Buckeye (Aesculus glabra) Patmore Green Ash (Fraxinus pennsylvanica) Goldflame Spirea (Spiraea japonica) Little Princess Spirea (Spiraea japonica) Buffalo Juniper (Juniperus sabina) Mugho Pine (Pinus mugho) Nearly Wild Rose(Rosa sp.) Karl Forrester Grass (Calamagrostis x actiflora) Blue Oat Grass (Helictotrichon sempervirens) Colorado Spruce (Picea pungens) Quaking Aspen (Populus tremuloides) Canada Red Cherry (Prunus virginana) Radiant Flowering Crab (Malus sp.) Welchi Juniper (Juniperus scopulorum) Globe Blue spruce (Picea pungens globosa) Dwarf Highbush Cranberry (Viburnum trilobum) Dwarf Korean Lilac (Syringa palabin 'Meyeri') Alpine Currant (Ribes alpinum) Cuthbert Grant Rose (Rosa sp.) Blizzard Mockorange (Philadelphus lewisii 'Blizzard') Stella D'Oro Daylilly Shasta Daisy Purple Coneflower Phlox 2350-60'8-10'Y 44-5'#5 Y 58-10'3-4'Y 104-5'#5 Y 1612-18"#5 Y 2150-60'1.5-2"Y 2750-60'1.5-2"N 1140-50'1.5-2"Y 635-45'1.5-2"Y 5030-40'1-2"mix N 1330-40'1.5-2"Y 1825-35'1-1.5"N 124-5'12-18"Y 134-5'12-18"Y 362-3'9-12"Y 74-5'12-18"N 362-3'9-12"Y 84-5'#1 N 176-8'18-24"Y 152-3'#1 Y 582-3'#1 Y 682-3'#1 Y 302-3'#1 N 102-3'#1 N 142-3'#1 N 72-3'#1 N Custom EarthDesign StudioSpringhill Presbyterian Church859 Jessie Way Bozeman, Montana 59715 ph (406)539-7030 e-mail:customearthdesigns@gmail.com pg L1.1 of 3 Date: 16 Sept 2012 Revised: Landscape ConceptsPhase OneBozeman, MontanaChad Rempfer, Landscape Designer SCALE 1"=30'-0" 69 LAWN LAWN LAWN LAWN LAWN LAWN NATIVE SEEDING RE-SEED ALL DISTURBED AREAS NATIVE SEEDING RE-SEED ALL DISTURBED AREAS LAWN LAWN IRRIGATED TURF LIMITS Boulder (typ) Boulder (typ) Boulder (typ) Boulder (typ) Edging line Symbol Plant Name (Scientific)Size @ Planting Mature Size Qty Plant Table Northwood Maple (Acer rubrum) American Linden (Tilia americana) Ohio Buckeye (Aesculus glabra) Patmore Green Ash (Fraxinus pennsylvanica) Goldflame Spirea (Spiraea japonica) Little Princess Spirea (Spiraea japonica) Buffalo Juniper (Juniperus sabina) Mugho Pine (Pinus mugho) Nearly Wild Rose(Rosa sp.) Karl Forrester Grass (Calamagrostis x actiflora) Blue Oat Grass (Helictotrichon sempervirens) Colorado Spruce (Picea pungens) Quaking Aspen (Populus tremuloides) Canada Red Cherry (Prunus virginana) Radiant Flowering Crab (Malus sp.) Welchi Juniper (Juniperus scopulorum) Globe Blue spruce (Picea pungens globosa) Dwarf Highbush Cranberry (Viburnum trilobum) Dwarf Korean Lilac (Syringa palabin 'Meyeri') Alpine Currant (Ribes alpinum) Cuthbert Grant Rose (Rosa sp.) Blizzard Mockorange (Philadelphus lewisii 'Blizzard') Stella D'Oro Daylilly Shasta Daisy Purple Coneflower Phlox 2350-60'8-10'Y 44-5'#5 Y 58-10'3-4'Y 104-5'#5 Y 1612-18"#5 Y 2150-60'1.5-2"Y 2750-60'1.5-2"N 1140-50'1.5-2"Y 635-45'1.5-2"Y 5030-40'1-2"mix N 1330-40'1.5-2"Y 1825-35'1-1.5"N 124-5'12-18"Y 134-5'12-18"Y 362-3'9-12"Y 74-5'12-18"N 362-3'9-12"Y 84-5'#1 N 176-8'18-24"Y 152-3'#1 Y 582-3'#1 Y 682-3'#1 Y 302-3'#1 N 102-3'#1 N 142-3'#1 N 72-3'#1 N Custom EarthDesign StudioSpringhill Presbyterian Church859 Jessie Way Bozeman, Montana 59715 ph (406)539-7030 e-mail:customearthdesigns@gmail.com pg L1.2 of 3 Date: 16 Sept 2012 Revised: Landscape ConceptsPhase OneBozeman, MontanaChad Rempfer, Landscape Designer SCALE 1"=20'-0" 70 Symbol Plant Name (Scientific)Size @ Planting Mature Size Qty Plant Table Northwood Maple (Acer rubrum) American Linden (Tilia americana) Ohio Buckeye (Aesculus glabra) Patmore Green Ash (Fraxinus pennsylvanica) Goldflame Spirea (Spiraea japonica) Little Princess Spirea (Spiraea japonica) Buffalo Juniper (Juniperus sabina) Mugho Pine (Pinus mugho) Nearly Wild Rose(Rosa sp.) Karl Forrester Grass (Calamagrostis x actiflora) Blue Oat Grass (Helictotrichon sempervirens) Colorado Spruce (Picea pungens) Quaking Aspen (Populus tremuloides) Canada Red Cherry (Prunus virginana) Radiant Flowering Crab (Malus sp.) Welchi Juniper (Juniperus scopulorum) Globe Blue spruce (Picea pungens globosa) Dwarf Highbush Cranberry (Viburnum trilobum) Dwarf Korean Lilac (Syringa palabin 'Meyeri') Alpine Currant (Ribes alpinum) Cuthbert Grant Rose (Rosa sp.) Blizzard Mockorange (Philadelphus lewisii 'Blizzard') Stella D'Oro Daylilly Shasta Daisy Purple Coneflower Phlox 2350-60'8-10'Y 44-5'#5 Y 58-10'3-4'Y 104-5'#5 Y 1612-18"#5 Y 2150-60'1.5-2"Y 2750-60'1.5-2"N 1140-50'1.5-2"Y 635-45'1.5-2"Y 5030-40'1-2"mix N 1330-40'1.5-2"Y 1825-35'1-1.5"N 124-5'12-18"Y 134-5'12-18"Y 362-3'9-12"Y 74-5'12-18"N 362-3'9-12"Y 84-5'#1 N 176-8'18-24"Y 152-3'#1 Y 582-3'#1 Y 682-3'#1 Y 302-3'#1 N 102-3'#1 N 142-3'#1 N 72-3'#1 N Boulder (typ) Custom EarthDesign StudioSpringhill Presbyterian Church859 Jessie Way Bozeman, Montana 59715 ph (406)539-7030 e-mail:customearthdesigns@gmail.com pg L1.3 of 3 Date: 16 Sept 2012 Revised: Landscape ConceptsPhase OneBozeman, MontanaChad Rempfer, Landscape Designer SCALE 1"=20'-0" PARKING LOT ISLAND DETAIL SCALE 1"=30'-0" DETENTION POND DETAIL 71 72 73 74 75 76 77 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner Tim McHarg, Planning and Community Development Director SUBJECT: Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness, File #Z-12263 MEETING DATE: November 19, 2012 AGENDA ITEM TYPE: Action Item (Quasi-Judicial) RECOMMENDATION: Conditional approval of a Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application to allow a change from a printing office and publishing establishment use to a restaurant and bar use at the building addressed as 241 East Main Street. RECOMMENDED MOTION: “Having reviewed the application materials, heard public comment, and considered all of the information presented, I move to approve the Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness application No. Z-12263, incorporating by reference the findings included in the staff memo and the staff recommended conditions.” BACKGROUND: An application was submitted to the Department of Planning & Community Development requesting a Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) for the property located at 241 East Main Street. A one-story building exists on the site that is currently vacant but most recently used as a printing office and publishing establishment known as “Artcraft Printers.” The CUP/COA application is requesting the building to change to a restaurant use. The conditional use permit is required for the permission of alcohol to be sold for on-premise consumption and the certificate of appropriateness is required for proposed exterior alterations to the front and rear of the building. The restaurant business will have seating both inside and outside of the building, which will be included in the service area for sale of alcohol for on-premise consumption. On October 24, 2012, the Development Review Committee recommended conditional approval of this CUP/COA application and their recommended conditions, code citations and comments are included in this report. The City will require proof of alcohol license approval from the Montana Department of Revenue prior to the restaurant’s final occupancy of the building. 78 UNRESOLVED ISSUES: None at this time. ALTERNATIVES: Alternative actions for the City Commission to consider relative to this item include the following: 1. As recommended, approve the Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application subject to the staff recommended conditions. 2. Approve the Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application subject to revised conditions. 3. Deny the Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application based on findings that the proposal does not comply with the applicable criteria and standards of the UDC. 4. Continue Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application with specific direction for additional information to Staff and/or the applicant. FISCAL EFFECTS: None identified. Attachments: Staff Report Application Materials Report compiled on: November 9, 2012 79 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 1 City Commission Staff Report for the Artcraft Food and Drink CUP/COA File #Z-12150 Item: A Conditional Use Permit and Certificate of Appropriateness application requesting a change in use for the building addressed as 241 East Main Street. The change will be from a printing office and publishing establishment use to a restaurant and bar use. The conditional use permit is required for the permission of alcohol to be sold for on-premise consumption and the certificate of appropriateness is required for proposed exterior alterations to the front and rear of the building. The property is zoned B-3 (Central Business District) and is located within Main Street Historic District. Property Owners: Artcraft Printers, Inc., 6673 South 3rd Avenue, Bozeman, MT 59715 Applicant: Van Bryan Studio Architects, 21 West Babcock Street, Bozeman, MT 59715 Representative: Jay Bentley, PO Box 10806, Bozeman, MT 59715 Date: City Commission Meeting on Monday, November 19, 2012 at 6:00 p.m., in the City Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Allyson Brekke, Associate Planner Recommendation: Conditional Approval ____________________________________________________________________________________ Project Location The subject property is addressed as 241 East Main Street and is legally described as Parcel B, Block D, Original Townsite, City of Bozeman, Gallatin County, Montana as further described on Plat C-1-H. It is located within the boundaries of the Neighborhood Conservation Overlay District and the Main Street Historic District. The property is zoned B-3 (Central Business District). Please see map below. Proposal 80 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 2 An application was submitted to the Department of Planning & Community Development requesting a Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) for the property located at 241 East Main Street. A one-story building exists on the site that is currently vacant but most recently used as a printing office and publishing establishment known as “Artcraft Printers.” The CUP/COA application is requesting the building to change to a restaurant use. The conditional use permit is required for the permission of alcohol to be sold for on-premise consumption and the certificate of appropriateness is required for proposed exterior alterations to the front and rear of the building. The restaurant business will have seating both inside and outside of the building, which will be included in the service area for sale of alcohol for on-premise consumption. On October 24, 2012, the Development Review Committee recommended conditional approval of this CUP/COA application and their recommended conditions, code citations and comments are included in this report. The City will require proof of alcohol license approval from the Montana Department of Revenue prior to the restaurant’s final occupancy of the building. Recommended Conditions of Approval Based on the subsequent analysis, the Development Review Committee and Planning Staff find that the application, with conditions and code provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Code. The following conditions of approval are recommended. Please note that these conditions are in addition to the required code provisions beginning on page 6 of this report. Recommended Conditions of Approval: 1. Proposed building materials shall be noted on the scaled building elevations with the Final Site Plan application. 2. All gambling activities that are permitted with the state alcohol license and established in the restaurant must not exceed the threshold that collectively defines them as “casino” activities, as defined in Section 38.42.500 of the Bozeman Municipal Code. 3. All gambling activities proposed in the restaurant, including gambling machines (video poker, keno, etc.), card games or other licensed gambling activity, shall be shown on the floor plans with the Final Site Plan application. 4. A Sign Permit/Certificate of Appropriateness application shall be reviewed and approved by the Planning Department prior to the construction and installation of any on-site signage affiliated with building tenants. This may be done in conjunction with the Final Site Plan application. 5. The material of the proposed windows and doors shall be noted on the scaled building elevations with the Final Site Plan application. 6. The proposed design of the exterior lights shall be full cut-off in design and should be shown on the scaled building elevations with the Final Site Plan application. 7. Revised parking calculations shall be added to Final Site Plan application drawings and shall include all applicable reductions available to properties in the B-3 zoning district. When calculating parking please recognize that the building is considered to have 18.5 spaces through the Downtown Parking Special Improvement District. These spaces can be considered an initial parking balance for the building. The new use shall demonstrate as providing adequate parking. 8. A trash dumpster location for the property will need to be planned for and shown in the Final Site Plan application and is subject to approval by the City’s Sanitation Department. 81 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 3 9. All mechanical equipment added to the building for the new restaurant use, whether building or roof mounted, must be completely screened. Any proposed mechanical equipment screening should be shown on the Final Site Plan application drawings. 10. Alcohol shall only be served within the serving spaces of the building and the outdoor serving areas as shown on the submitted floor plans in the Final Site Plan application. 11. A copy of the State Revenue Department liquor license for the restaurant shall be submitted to the Department of Planning & Community Development prior to the sale of alcoholic beverages. 12. The applicant shall obtain a City of Bozeman Liquor License and provide the Department of Planning & Community Development with a copy of the license prior to the sale of alcoholic beverages. 13. If any catering with alcoholic beverages occurs, the applicant shall obtain a catering endorsement from the Department of Revenue, Liquor Division, as well as a City catering license, for each catered event. 14. The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections 38.19.110.I and 38.34.160 based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. 15. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. 16. To establish sidewalk seating to the front of the building, a Sidewalk Encroachment Permit application shall be submitted to and approved by the Director of Public Service. If service of alcohol is planned for the sidewalk seating, it must be shown as serving area on the Final Site Plan application. 17. All replacement windows on the south (front) façade shall match the originals in size and proportion. The revised window design shall be reflected on a revised building elevation in the Final Site Plan application. 18. The center door on the south (front) façade shall not be enclosed and rather be preserved or replaced as a door entrance that matches the original in size and proportion. The revised door design shall be reflected on a revised building elevation in the Final Site Plan application. 19. The replacement door of the existing garage door shall be a design that has an appearance similar to the original door and may incorporate both transparent (such as glass) and non-transparent materials. Zoning Designation & Land Uses The property is zoned B-3 (Central Business District). The intent of the B-3 district is to provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such a focal center with inappropriate uses being excluded. The following land uses and zoning are adjacent to the subject property: North: Surface parking lot across alley, zoned “B-3” South: Restaurant (Pita Pit) across street, zoned “B-3”; East: Printing office and publishing establishment (Artcraft), zoned “B-3”, West: Retail (Montana Gift Corral), zoned “B-3”. Adopted Growth Policy Designation The Future Land Use Map of the updated Bozeman Community Plan designates the subject property to develop as “Community Core.” The area within the Community Core category contains the traditional core of Bozeman, the 82 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 4 historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street. COA Review Criteria & Staff Findings The below comments pertain to the exterior alterations proposed for the building and their appropriateness for the surrounding commercial area. 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 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 structure is considered a “contributing” resource to the Main Street Historic District. Historically it is known as the Studebaker Auto Showroom built c. 1917. The comments below reflect the conformance status of the proposal with the Secretary of Interior’s Standards for Rehabilitation. 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; No change in the building’s height is proposed. The front parapet is proposed to be preserved. 2. Proportions of doors and windows; The restaurant is proposing new door entrances and windows on the south (front) and north (rear) elevations of its portion of the building. The front elevation is considered the primary façade. The character-defining features of historic windows and their placement should be preserved. This is especially important on primary facades. The proposal shows the original storefront windows as being replaced with doors. This will cause the removal of the historic brick kick plate below each window. As recommended by the “Design Guidelines for Historic Preservation,” the size and proportion of a historic window opening should be preserved rather than reducing or increasing its opening. Furthermore, a replacement window should match an original in design: “Chapter 1: Rehabilitation Guidelines for Historic Properties. C. Individual Building Features: Windows Guidelines: 2. Preserve the position, number and arrangement of historic windows in a building wall. • Enclosing a historic window opening in a key character-defining facade is inappropriate, as is adding a new window opening. This is especially important on primary facades where the historic ratio of solid-to-void is a character-defining feature. • Greater flexibility in installing new windows may be considered on rear walls. 83 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 5 3. Preserve the size and proportion of a historic window opening. • Reducing an original opening to accommodate a smaller window or increasing it to receive a larger window is inappropriate. 4. Preserve the historic ratio of window openings to solid wall on a primary facade. • Significantly increasing the amount of glass on a character-defining facade will negatively affect the integrity of the structure. 5. Match a replacement window to the original in its design. • If the original is double-hung, then the replacement window should also be double-hung, or at a minimum, appear to be so. Match the replacement also in the number and position of glass panes. • Matching the original design is particularly important on key character-defining facades.” Staff is therefore is recommending a condition of approval to have all replacement windows on the south (front) façade to match the originals in size and proportion. Additionally, the proposal is showing the center door on the primary façade as being enclosed. As the design guidelines state, the character-defining features of a historic door and its distinct materials and placement should be preserved. This is especially important on primary facades: “Chapter 1: Rehabilitation Guidelines for Historic Properties. C. Individual Building Features: Doors Guidelines: 9. Preserve the decorative and functional features of a primary entrance. • Maintain features important to the character of a historic doorway. These may include the door, door frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. • Avoid changing the position and function of original front doors and primary entrances. 10. Maintain the original proportions of a significant door. • Altering its size and shape is inappropriate. 11. When a historic door is damaged, repair it and maintain its general historic appearance. 12. When replacing a door, use materials that appear similar to that of the original. • A metal door, if seen from the street, is inappropriate where the original was wood. 13. When replacing a door, use a design that has an appearance similar to the original door, or a door associated with the style of the house or commercial building. • Very ornate doors are discouraged, unless photographic evidence can support their use. Staff is therefore recommending a condition of approval to have the center door on the south (front) façade to be preserved as a door entrance or replaced as a door entrance that matches the original in size and proportion. In regards to the historic garage door opening, Staff recognizes the need to change the door to the primary pedestrian entrance for the restaurant and is willing to be more flexible in the design approach to that door opening. Therefore, a condition of approval is recommended that requires the new door design to be an appearance similar to the original door and may incorporate both transparent (such as glass) and non-transparent materials. The changes in window and door openings to the north (rear) elevation are found as appropriate because greater flexibility in installing new window and door openings may be considered to rear facades. 3. Relationship of building masses and spaces; No change is occurring to the building mass, as no additions are proposed. The existing rear loading dock remains but is proposed to be utilized as exterior serving area rather than commercial loading. The loading area will remain covered with a sloped roof. 4. Roof shape; No change is proposed to the building’s roof shape. 84 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 6 5. Scale; Please see Staff’s comments under “Building Masses and Spaces.” 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; Please see Staff’s comments under “Building Masses and Spaces.” 7. Architectural details; The proposed metal awnings are found to be appropriate for the front windows as they are positioned so they do not obscure architecturally important features such as the transom windows (the smaller windows above the large storefront windows). 8. Concealment of nonperiod appurtenances, such as mechanical equipment; and Per code provisions, all mechanical equipment shall 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 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. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.” 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). As conditioned, the proposed building materials shall be noted on the scaled building elevations with the Final Site Plan application. 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. None of the new construction is found by Staff to destroy significant historical, cultural or architectural components. 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 were utilized in the above review of the project design (see sections in italics above). CUP/ Site Plan Review Criteria & Staff Findings The below comments pertain to the site development linked with the proposed restaurant business and use and the 85 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 7 permission of alcohol sales for on-premise consumption. Section 38.19.100 “Plan Review Criteria” In considering applications for site plan approval under this title, the Planning Director, City Commission, Development Review Committee, and when appropriate, the Administrative Design Review Staff, the Design Review Board or Wetlands Review Board shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy; The development proposal is in conformance with the Bozeman Community Plan including the “Community Core” land use designation. The new restaurant will promote pedestrian activity and is in conformance with the “Community Core” land use classification. 2. Conformance to this title, including the cessation of any current violations; The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following code provisions must be addressed prior to Final Site Plan approval: Code Provisions a. In accordance with the BMC Section 13.12.322 the Water/Sewer Superintendent is requiring an inspection of your 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 designed to provide adequate protection. Please call the Water Department @ 582‐3200 to arrange an inspection of the water service. b. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. c. Section 38.19.110.I. BMC Termination/ Revocation of Conditional Use Permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 38.19.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning 86 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 8 Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC. 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 Plan approval. Building Permits will not be issued until the Final 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 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. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.” f. Sections 38.23.150 requires a lighting plan for all on-site lighting including all building mounted lights and must be included in the final site plan submittal. 38.23.150.D.7.e states that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. g. 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. h. 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. i. Section 38.23.150.D.7.c requires that all site lighting other than pathway intersection lighting and security lighting all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. j. Section 38.28.060 outlines the amount of permitted signage for the property. A Sign Permit shall be reviewed and approved by the Planning Office prior to the construction and installation of any on-site signage. k. Section 38.34.100 states based upon the approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as “plan”), and after any appeals have been resolved, a building permit for the site may be requested an may be granted, provided such building permit is granted within one year of plan approval. l. Section 38.39, requires that if final plat approval, occupancy of buildings or other utilization of an approved development is to occur prior to the installation of all required on-site improvements, an 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. m. The Final Site Plan application materials shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 87 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 9 n. Sewer and water services shall be shown on the Final Site Plan application and approved by the Water/Sewer Superintendent. o. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. p. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code shall be installed with any development responsible for food preparation. In accordance with Municipal Code, on-site maintenance and interceptor service records shall be kept on a regular basis and made available to the City upon request. q. The proposed outdoor seating section in the Main Street right of way will require an encroachment permit from the City of Bozeman. 3. Conformance with all other applicable laws, ordinances, and regulations; The final site plan review process will ensure compliance with this section. The plans will be further evaluated against the requirements of the International Building Code at the time application is made for a Building Permit. 4. Relationship of site plan elements to conditions both on and off the property; The building footprint of the building will not be changing. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions; With the property’s location within the B-3 zoning district, there are several applicable parking reductions that apply to this building’s parking demand. The first 3,000 square feet of a non-residential building within the B-3 zoning district doesn’t require parking. Additionally, the parking demand can be reduced for each type of use. Lastly, the parking demand can be reduced due to the proximity of a transit (Streamline) stop and the parking garage structure. The 3,000 square feet was deducted from the restaurant’s serving area square footage. After that reduction, the remaining interior and exterior serving area square footage requires 16 parking spaces. The property paid 18.5 spaces for the Downtown Parking SID. Therefore, the site has a parking surplus of 2.5 spaces. Overall, Staff finds the development to provide adequate parking for all of the uses, existing and proposed, on the property. 6. Pedestrian and vehicular ingress and egress; The proposal includes both a front and rear ingress/egress for the restaurant. 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; As the property is zoned B-3, no landscaping points are required to be met. 8. Open space; As no residential uses are being proposed, open space and parkland areas are not required with the development. 9. Building location and height; 88 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 10 The building footprint is unchanged with the development. 10. Setbacks; No minimum setbacks are required for buildings within the B-3 zoning district. The proposed rear staircase will be outside of the public right of way (or alley). 11. Lighting; The new lighting proposed shall meet the code provisions listed in Section 38.23.150 of the Bozeman Municipal Code, specifically the use of full cut-off fixtures. 12. Provisions for utilities, including efficient public services and facilities; Engineering included several conditions addressing utilities, including the requirement of all sewer and water services to be shown on the Final Site Plan application and that the plans for any fire service line must be prepared by a Professional Engineer in accordance with the City’s Fire Service Line Policy. The Water/Sewer Superintendent is requiring an inspection of your 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 does not have backflow protection, the applicant will be required to install a preventer and expansion tank. If the existing device does not provide adequate protection, the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. 13. Site surface drainage; Not applicable. 14. Loading and unloading areas; Loading and unloading areas for the restaurant will still occur from the rear alley. A new staircase is proposed on the rear elevation that will access both the basement and first floors. 15. Grading; The standard Engineering provisions will address any grading issues that are required for the addition of a staircase off the rear entrance. 16. Signage; No signage is requested as part of this application. Any new signage will require a separate Certificate of Appropriateness application and a sign permit. 17. Screening; All mechanical equipment shall 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. As required with code provisions, the final site plan shall contain a notation 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. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.” 18. Overlay district provisions; The COA criteria and staff findings are included in this staff report starting on page 4. 89 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 11 19. Other related matters, including relevant comment from affected parties No public comment has been received to date in regards to this application. Any public comment received after the production of this staff report will be forwarded to the City Commission prior to the public hearing. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: 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 The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. Section 38.19.110 “Conditional Use Permit” In addition to the review criteria included in Section 38.19.100, the City Commission shall, in approving a Conditional Use Permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. As conditioned, Staff finds the proposed use as adequate in size and topography to accommodate a restaurant use that serves alcohol. The site is within the core of the downtown area where adequate transportation services (mass transit, parking, etc.) are provided for the future patrons of the restaurant. With the property’s location within the B-3 zoning district, there are several applicable parking reductions that apply to this building’s parking demand. Additionally, the property paid for 18.5 spaces for the Downtown Parking SID. The site is determined to provide adequate parking through a combination of reductions and the SID parking credit. To establish sidewalk seating in the front of the building, a Sidewalk Encroachment Permit application shall be submitted to and approved by the Director of Public Service. Parts of that application will help monitor the control of alcohol being served in that area. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. As of the writing of this report, no public comment has been received in response to the noticing of this project. Following review of the proposed application with the inclusion of the recommended conditions, staff finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of 90 #Z-12263 Artcraft Food and Drink CUP/COA Staff Report 12 noise, vibrations and odors; regulation of hours for certain activities; time period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make possible the development of the City in an orderly and efficient manner. Staff has identified, through the review process, recommended project conditions and code provisions that are included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval on pages 2 through 3 of this report and the applicable code provisions on pages 6 through 9 of this report. Conclusion/Recommendation The Development Review Committee and Planning Staff have reviewed the Artcraft Food and Drink Conditional Use Permit and Certificate of Appropriateness application and recommends to the City Commission approval of said application with the conditions and code provisions outlined in this Staff report. Staff has identified various code provisions that are currently not met by this application. Some or all of these items are listed in the findings of this report. 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: Applicant’s Submittal Materials Report Sent to: Artcraft Printers, Inc., 6673 South 3rd Avenue, Bozeman, MT 59715 Van Bryan Studio Architects, 21 West Babcock Street, Bozeman, MT 59715 Jay Bentley, PO Box 10806, Bozeman, MT 59715 91 92 93 94 95 1 Artcraft Food & Drink 241 E. Main Street Site Plan Checklist A. Design Review Board Site Plan Review Thresholds 1. No dwelling units. 2. No, only 12,742 s.f. of commercial space 3. No exterior storage of materials or goods. 5. No parking for more than 90 vehicles. B. General Information 1. See drawing A1.0 2. See attached list. 3. See drawing A1.0 4. See drawing A1.0 5. See drawings. 6. See drawings. 7. See drawings. 8. See drawing 1/A1.0. 9. See Site Information on drawing A1.0 10. a. See schedule on A1.0 and 1/A1.0 for building foot print. b. No onsite vehicular traffic, building footprint occupies entire site. c. No onsite open spaces or public areas, building footprint occupies entire site. d. No onsite public street right-of-way. 11. No dwelling units. 12. No onsite parking. See drawing A1.0 for parking calculations. 13. Project is the renovation of an existing building. 14. The project is a renovation of an existing building with no proposed new buildings. 15. a. See drawing sheet A6.0 b. Not in a floodway or floodplain area c. See drawing sheet A2.0 16. See drawing A1.0 17. Building footprint occupies entire site. 18. No property owner’s association/covenants applicable to this property. 19. Building footprint occupies entire site. C. Site Plan Information 1. Building footprint occupies entire site. 2. See drawing A1.0 3. There is no vehicular traffic on site. 4. There is no vehicular traffic on site. 5. There is no vehicular traffic on site. 6. See drawing 1/A1.0 7. a. No on site utility easement/right of way. b. No on site utility easement/right of way. c. No on site utility easement/right of way. d. No on site utility easement/right of way. e. No on site utility easement/right of way. 8. a. No holding ponds, streams or irrigation ditch on site. b. No watercourses, water bodies or wetlands on site. c. Not lying within 100-year floodplain. d. Not in floodplain 96 2 9. Building footprint occupies entire site, no onsite retention/detention. 10. a. None on site. b. None apply. c. None apply. 11. Building footprint occupies entire site. No rock outcroppings or significant slopes or features. 12. No onsite vehicular traffic, building access directly off of Main Street sidewalk and alley. 13. No onsite vehicular or pedestrian traffic. The main building entry, which is ADA compliant, is off of the Main Street sidewalk. 14. No onsite fences or screening walls 15. See drawing A1.0 16. See drawings A1.0 17. See drawing 1/A1.0 18. No on site curbing, asphalt or drives. 19. No landscaping as site is located in ‘core area’ and building occupies entire site. 20. Existing building footprint occupies entire site, there are no unique natural features or wildlife areas. 21. Existing building footprint occupies entire site. No onsite snow storage areas. 22. No city limits or boundaries located within or near site. 23. Existing zoning within 200 feet of site is B-3. See drawing A1.0 24. Building site located within Main Street Historic Preservation District, see 1/A1.0. 25. No major public facilities, parks, or trails within 200’ of the site. 26. Project is a renovation of an existing commercial site and building. 27. Project is a renovation of an existing commercial site and building. D. Landscape Plans 1. No landscaping as site is located in ‘core area’ and building occupies entire site. 2. No landscaping as site is located in ‘core area’ and building occupies entire site. 3. No landscaping as site is located in ‘core area’ and building occupies entire site. 4. No landscaping as site is located in ‘core area’ and building occupies entire site. 5. No landscaping as site is located in ‘core area’ and building occupies entire site. 6. No landscaping as site is located in ‘core area’ and building occupies entire site. 7. No landscaping as site is located in ‘core area’ and building occupies entire site. 8. No landscaping as site is located in ‘core area’ and building occupies entire site. 9. No landscaping as site is located in ‘core area’ and building occupies entire site. 10. No landscaping as site is located in ‘core area’ and building occupies entire site. 11. No landscaping as site is located in ‘core area’ and building occupies entire site. 12. No vehicular traffic on site. 13. Zero points required as site is in ‘core area’ per table 38.26.060-1 14. No landscaping as site is located in ‘core area’ and building occupies entire site. 15. No landscaping as site is located in ‘core area’ and building occupies entire site. 16. No landscaping as site is located in ‘core area’ and building occupies entire site. 17. No landscaping as site is located in ‘core area’ and building occupies entire site. 18. No landscaping as site is located in ‘core area’ and building occupies entire site. 19. No landscaping as site is located in ‘core area’ and building occupies entire site. 20. No watercourse on site. 21. See drawing A6.0 97 98 99 100 101 102 103 1 Artcraft Food & Drink 241 E. Main Street Certificate of Appropriateness Checklist 1 A. Neighborhood Conservation Overlay District 1. See attached Exhibit A & B 2. See attached drawing sheet A1.0 3. See attached Exhibit C 4. See attached Exhibit D 5. See attached Exhibit D & E 6. Proposed schedule of planned actions; a. Submit Development Review Application: September 24th, 2012 b. Interior Demolition: October 10th, 2012 c. Submit for Building Permit Application: December 1st, 2012 d. Proceed with Construction: December 15th, 2012 e. Finish Interior Improvements: March 15th, 2013 f. Finish Exterior Improvements: April 1st, 2013 7. N/A 8. No deviations 9. N/A, existing building B. Entryway Corridor Overlay District: Not applicable 104 Artcraft Food & Drink Studio Architects 105 Artcraft Food & Drink Studio Architects 106 Artcraft Food & Drink Studio Architects 107 Artcraft Food & Drink Studio Architects 2 1 34 5 5 5 55 3 6 3 312 1 77 7 9 9 1010 10 10 11 11 11 11 11 2 3 3 33 3 3 3 3 8 13 141414 108 Artcraft Food & Drink Studio Architects 109 1 Artcraft Food & Drink 241 E. Main Street Adjoining Property Owners List Community Health Partners 126 S. Main Street Livingston, MT59047 Haj Javad LLC PO Box 186 Bozeman, MT 59771 Brad W, Ellie L, & James W Lowe 232 E. Mendenhall St. Bozeman, MT 59715 Renee T Sabol 844 Bridger Canyon Spur Rd. Bozeman, MT 59715 Helori M Graff Trust 6673 S 3rd Rd. Bozeman, MT 59715 Petersen Holdings LLC 2712 38th Ave SW Seattle, WA 98126 Petersen Living Trust DTD 5433 Leary Ave NW Unit 509 Seattle, WA 98107 Decosse Eastgate LLC 2120 Chambers Dr. Bozeman, MT 59715 F & H LLC 2215 Arrowleaf Hills Dr. Bozeman, MT 59715 Chinook Properties LLC 1508 S. Willson Ave Bozeman, MT 59715 Bocar Family Holdings Limited Partnership 777 Arthur Godfrey Rd Ste 400 Miami Beach, FL 33140 First Security Bank Main Office PO Box 910 Bozeman, MT 59771 110 2 First Security Bank PO Box 910 Bozeman, MT 59771 Archrock LLC 407 W. Story St. Bozeman, MT 59715 Decosse Westgate Partnership 2120 Chambers Dr Bozeman, MT 59715 AKM 238 LLC 117 Myers Ln Bozeman, MT 59715 AKM 310 LLC 117 Myers Ln Bozeman, MT 59715 Fraternal Order of Eagles 326 & Jim Walker PO Box 274 Bozeman, MT 59771 City of Bozeman General Delivery Bozeman, MT 59718 Boz Mulit-Level Shopping Complex Condo General Delivery Bozeman, MT 59718 111 112 113 114 115 1 REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Director, Planning and Community Development SUBJECT: Cowdrey Minor Subdivision Preliminary Plat Application #P-12012 MEETING DATE: November 19, 2012 AGENDA MEETING TYPE: Action (Quasi-Judicial) RECOMMENDATION: That the City Commission approves Minor Subdivision Preliminary Plat Application #P-12012 with the conditions of approval and code provisions as recommended by the Planning Director in the staff report. RECOMMENDED MOTION FOR PRELIMINARY PLAT APPLICATION: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for #P-12012 and move to approve the preliminary plat application for the Cowdrey Minor Subdivision as requested in Planning Application #P-12012 authorizing to subdivide 5.006 acres and create two commercial lots, subject to the conditions listed in the staff report.” BACKGROUND: The property owner/applicant, Intermountain Developers, Inc., represented by Madison Engineering, LLC has submitted a Minor Subdivision Preliminary Plat application to subdivide 5.006 acres and create two commercial lots for development. The subject property is annexed with a zoning designation of B-2 (Community Business District) and is located along the north boundary of East Valley Center Road approximately one-quarter mile west of the Interstate 90, North 19th Avenue interchange. Pursuant to Section 38.03.040.A.4, BMC the Planning Director shall review all minor subdivisions, provide findings in a staff report and make a written recommendation for consideration by the City Commission. No variances to the Uniform Development Code (UDC) have been requested with this preliminary plat application and no specific variances have been identified during the review of the preliminary plat application. The site is presently vacant, undeveloped lands containing no significant physical features, watercourses, wetlands or mature vegetation. The Planning Office has not received any public testimony on the proposed two-lot minor subdivision as of this writing. Commission Memorandum 116 2 The DRC provided a recommendation of conditional approval on October 24, 2012. The Planning Director reviewed the minor subdivision application, together with the supplementary plans and information, and recommended to the City Commission on November 7, 2012 conditional approval with the conditions listed in the staff report. Staff’s full analysis of the review criteria for this minor subdivision is included in the attached staff report. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approval of the Preliminary Plat Application as submitted with no conditions. 2) Approval of the Preliminary Plat Application with conditions of approval as recommended by the Planning Director. 3) Denial of the application. 4) As determined by the Commission. FISCAL EFFECTS: The standard application fee was received for the Minor Subdivision Preliminary Plat application and was added to the Department of Planning’s application fee revenue. Attachments: Planning Staff’s Report Applicant’s Preliminary Plat application materials Report compiled on November 7, 2012 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 MH MH WV MH4650MH MH WV HF PHN PM STOP LP PT WV PT PHN H F MH LP W 46554655465546554655 46554655H F LP LP WV CS LP WV WV 146.21’N 80 43’ 29" E G20 G21 G22 G23 G24 G26 G27 G29 G30 PP1 PP2 G25 CH. L. = 351.11’ CH. BRG. = N 16 08’ 19" W L = 351.57’ = 10 13’ 33" R = 1969.86’ NON-TANGENT CURVE CH. L. = 227.04’ CH. BRG. = S 12 38’ 26" E L = 227.46’ »¿˛ = 12´ 6 R = 1075.92’ NON-TANGENT CURVE 57.70’N 59 31’ 08" E 414.60’S 81 08’ 31" W121.29’N 08 49’ 25" W39.50’ S 06 37’ 18" E 402.79’N 80 27’ 17" E 152.98’N 69 18’ 46" E 1 69.84’S 1 7 3 8’ 3 7" E(SPI RAL CHORD)139.90’N 09 32’ 42" W(SPIRAL CHORD) 12.39’ N 09 32’ 42" W CH. L. = 252.14’ CH. BRG. = S 25 25’ 35" E L = 252.72’ »¿˛ = 13´ 27 R = 1075.92’ NON-TANGENT CURVE (406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59715 895 Technology Boulevard PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 OF SHEET Scale 1" = ’ Sec.T.R. 1/4 586.4490 Fax 586.5599 Office Bozeman, MT 59715 Suite B 1970 Stadium Drive, 1 1 COWDREY 057-02 NH TG TG 26 1 S.5 E. 40 N Clerk and Recorder of Gallatin County ____________________________________________________ Document Number ____________________ Records of the Clerk and Recorder, Gallatin County, Montana. and recorded as Minor Subdivision No. ___________ this ___________ day of _____________A.D., ______, _________ o’clock ____.M., in my office at: Montana, do hereby certify that the foregoing instrument was filed I, ____________________Clerk and Recorder of Gallatin County, CERTIFICATE OF CLERK AND RECORDER A NATNOM ROYEVRUS DNAL LANOISSEFORPDERETSI GERNo. 13601 LS GNAUCK THOMAS COWDREY 2-LOT MINOR SUBDIVISION 10-2-12 2 lots 5.006 acres Subdivision Area: RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA IN THE SOUTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, A SUBDIVISION OF TRACT 2A OF MINOR SUBDIVISION 358A LOCATED THIS SURVEY WAS PERFORMED FOR BUZ COWDREY THE PURPOSE OF THIS SURVEY IS TO CREATE A 2-LOT MINOR SUBDIVISION PRELIMINARY PLAT OF MINOR SUBDIVISION No. H F PROJECT AREA PER M.S. 358A 20’ UTILITY EASEMENT PER M.S. 358A 20’ UTILITY EASEMENT EXISTING WATER MAIN EXISTING SEWER MAINZONED B-2M.S. 358LOT 1ZONED B-2 2.503 ACRES LOT 2 ZONED B-2 2.503 ACRES LOT 1ZONED B-2M.S. 358ALOT 2BI NTE RS T ATE 9 0ZONED B-2C.O.S. 1827TRACT A1VALLEY CENTER ROAD130’ R/W PER DOC. No. 2275905 50’ ACCESS EASEMENT PER DOC. No.2202603 EASEMENT 20’ WATER LINE PER M.S. 358A ACCESS EASEMENT 12’ PEDESTRIAN PER M.S. 358A EASEMENT 20’ UTILITY PER DOC. No. M.S. 2044565 30’ WIDE SEWER EASEMENT PER FILM 180, PAGE 4157 FROM AS-BUILT SEWER EASEMENT LOCATION 30’ WIDE SEWER DOC. No. 2175409 PER M.S. 358A) EASEMENT (LOCATION 30’ WIDE ACCESS PER FILM 180, PAGE 4157 FROM AS-BUILT SEWER EASEMENT LOCATION 30’ WIDE SEWER P.O.B. MH WV Coniferous Tree Deciduous Tree Sign Transformer Phone Pedestal Power Meter Light Pole Manhole Sewer line Water Line Well Water Valve Fire Hydrant Set 2" Alpine Aluminum Cap Found Property Corner Fence Line Adjoining Property Line Easement Boundary Line Property Boundary Line W LP PHN PT PM STORM WATER EASEMENT NOTE PER MINOR SUBDIVISION No. 358: A 20’-WIDE STORM DRAINAGE EASEMENT, FOR THE PURPOSE OF TRANSMITTING STORM WATER RUNOFF TO THE DETENTION POND IN THE COMMON AREA, IS RESERVED ON LOT 2 FOR THE BENEFIT OF LOT 1, THE LOCATION OF WHICH IS SUBJECT TO THE MUTUAL CONSENT OF THE OWNERS OF LOTS 1 & 2. area designated on this plat as Utility Easement to have and to hold forever. maintenance, repair and removal of their lines and other facilities in, over, under and across each other similar utility or service, the right to the joint use of an easement for the construction, private, providing or offering to provide telephone, electric power, gas, internet, cable television or The undersigned hereby grants unto each and every person, firm or corporation, whether public or GRANT OF UTILITY EASEMENTS hereby dedicated to public use. obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands the City accepts no responsibility for maintaining the same. The owner agrees that the City has no avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, The above-described tract of land is to be known and designated as Cowdrey 2-Lot Minor Subdivision, SUBJECT to all easements of record or apparent from a visual inspection of the property. 5.006 acres, more or less. thence North 69 18’ 46" East a distance of 152.98 feet to the Point of Beginning containing of North 16 08’ 19" West and a chord length of 351.11 feet to a Gaston yellow plastic cap; having a radius of 1969.86 feet, a central angle of 10 13’ 33", a chord bearing thence north a distance of 351.57 feet along a non-tangential curve concave west a distance of 152.31 feet to an aluminum cap; thence along a spiral curve to the left with a chord of North 09 32’ 42" West, 152.29 feet thence North 08 49’ 25" West a distance of 121.29 feet to an aluminum cap; thence South 81 08’ 31" West a distance of 414.60 feet to a TD&H aluminum cap; thence South 06 37’ 18" East a distance of 39.50 feet to a Gaston yellow plastic cap; bearing of South 19 22’ 11" East and a chord length of 476.21 feet to an MDT aluminum cap; southwest having a radius of 1075.92 feet, a central angle of 25 34’ 17", a chord thence southeast a distance of 480.19 feet along a non-tangential curve concave thence North 59 31’ 08" East a distance of 57.70 feet to a Gaston yellow plastic cap; thence North 80 43’ 29" East a distance of 146.21 feet to a Gaston yellow plastic cap; thence South 17 38’ 37" East a distance of 169.84 feet to a Gaston yellow plastic cap; Beginning at the northeast corner of said Lot 2A a Gaston yellow plastic cap; Gallatin County, Montana being more particularly described as follows: Township 1 South, Range 5 East, Principal Meridian Montana (P.M.M), City of Bozeman, Gallatin County Clerk and Recorder located in the Southeast One-quarter of Section 26 A tract of land being Lot 2A of Minor Subdivision No. 358A on record with the this plat hereunto included, the following described tract of land, to-wit: surveyed, subdivided and platted into lots, blocks, roads and alleys, as shown by We, the undersigned property owners, do hereby certify that we have caused to be CERTIFICATE OF DEDICATION My commission expires ___________________________ Residing at _____________________________________ Notary Public for the State of ________________________ printed name ______________________________________________ signature ______________________________________________ Notarial Seal the day and year first written above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my me that such Corporation executed the same. of the Corporation executed the within instrument and acknowledged to ___________________ known to me to be the _________________ before me, a Notary Public in and for said state, personally appeared On this ______________day of ______________________, 2012, County of ________________________) s.s. State of _________________________) By:__________________________________________ Intermountain Developers, Inc. Buz Cowdrey ______________________________________ DATED this ___________ day of ______________________, __________. City of Bozeman, Montana Director of Public Service _____________________________________________________________ DATED this _____________ day of __________________, ____________. use of any and all lands shown on the plat as being dedicated to such use. and hereby accepts the dedication to the City of Bozeman for the public examined and has found the same to conform to the law, approves it, Montana, do hereby certify that the accompanying plat has been duly I, _______________________ Director of Public Service, City of Bozeman, CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE City of Bozeman, Montana Director of Public Service _________________________________________________________ DATED this _____________ day of __________________, ____________. from the requirement for Montana Department of Environmental Quality review. Therefore, under the provisions of §76-4-125(2)(d) MCA, this subdivision is excluded and can be provided with adequate storm water drainage and adequate municipal facilities. of the Bozeman growth policy which was adopted pursuant to §76-1-601 et seq., MCA, City of Bozeman, Montana, a first-class municipality, and within the planning area Cowdrey 2-Lot Minor Subdivision No. _________, Gallatin County, Montana, is within the DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF EXCLUSION FROM MONTANA Treasurer of Gallatin County ____________________________________________________ Dated this______ day of ___________, _______ land to be surveyed have been paid. that all real property taxes and special assessments assessed and levied on the certify that the accompanying Minor Subdivision Plat has been duly examined and I, _____________________the Treasurer of Gallatin County, Montana do hereby CERTIFICATE OF COUNTY TREASURER the Gallatin County Subdivision Regulations. Subdivision and Platting Act, §76-3-101 through §76-3-625 M.C.A., and accompanying plat and as described, in accordance with the Montana or under my supervision, and the same was platted as shown on the the accompanying Minor Subdivision Plat was surveyed by me, do hereby certify that between August 4th, 2008 and September 21st, 2012 I, Thomas Gnauck, the undersigned Professional Land Surveyor, Montana Registration No. 13,601 L.S. Thomas Gnauck, PLS _______________________________ Dated this 2nd day of October, 2012. CERTIFICATE OF SURVEYOR NAVD 88 Int. Feet Basis of Elevations: August 4, 2008 MTSU CORS - NAD 83 Long. W 111 04’ 06.34933" Lat. N 45 42’ 55.90202" Geodetic North at: BASIS OF BEARING PRELIMINARY PLAT LEGEND VICINITY MAP SCALE 1" = 1000’ 158 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tracy Menuez, HRDC, CAHAB Liaison Tim McHarg, Planning Director SUBJECT: Low Income Housing Tax Credit Applications, Criteria for City of Bozeman Support MEETING DATE: November 19, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve a process and criteria for responding to requests for support for Low Income Housing Tax Credit (LIHTC) developments. SUGGESTED MOTION: I move to approve the proposed Criteria for City Support for the Low Income Housing Tax Credit Program. BACKGROUND: The Low Income Housing Tax Credit (LIHTC) program has been identified by the City as a key tool for encouraging the development of rental housing affordable to lower-income households. The City’s Affordable Housing plan has the stated goal to, over a five year period, create 200 multifamily units for households earning between 30 and 60% of the area median income using LIHTC and other subsidies. In order to access this funding from the Montana Board of Housing, developers are required to submit a letter of support from their local jurisdiction. Previously, the City has not had a formal process for providing support, which has led to confusion among staff and developers. Outlining criteria and a process for providing support encourages LIHTC development in the City and promotes early communication between developers and City Staff, thus ensuring that LIHTC projects receiving City support meet the needs identified in the City’s Affordable Housing Plan. UNRESOLVED ISSUES: None ALTERNATIVES: The Commission has the following alternative actions available: 1. As recommended, approve the criteria for support for LIHTC projects; 2. Approve the criteria for support for LIHTC projects with specific changes as determined by the Commission; 3. Table the item, with specific direction to staff for revision of the criteria for support for LIHTC projects; or, 4. Continue the current system of providing letters of support on an ad hoc basis without defined criteria. 159 FISCAL EFFECTS: No fiscal effects exist for providing letters of support. In the event that the Commission elects to provide financial assistance to a proposed project, the fiscal effect would vary according to project request and available budget. Attachments: Criteria for Support and Request for Support Form Report compiled on: November 8, 2012 160 Low Income Housing Tax Credit Applications Criteria for City of Bozeman Support Background: The Low Income Housing Tax Credit (LIHTC) program has been identified by the City as a key tool for encouraging the development of rental housing affordable to lower-income households. The City’s Affordable Housing plan has the stated goal to, over a five year period, create 200 multifamily units for households earning between 30 and 60% of the area median income using LIHTC and other subsidies. In order to access this funding from the Montana Board of Housing, developers are required to submit a letter of support from their local jurisdiction. In support of the City of Bozeman’s Affordable Housing Plan, the City has outlined the process below to assist developers seeking City support for Low Income Housing Tax Credit (LIHTC) Applications. City support can be in the form of a letter of support, or, for qualified projects, financial assistance in addition to a support letter. Deadline for requests: Developers of LIHTC properties must submit their request for support from the City along with the required information 45 days before applications are due to the Montana Board of Housing (applications are typically due to MBOH by the third Friday of January, as outlined in the Qualified Allocation Plan). Criteria for Support: Full criteria for City support of Affordable Housing Activities can be found in Appendix B of the City of Bozeman Affordable Housing Action Plan for 2012-2016: http://www.bozeman.net/Smarty/files/51/513668ad-f9e9-4ff7-a5ab-21953d79856f.pdf Appendix B outlines maximum affordable rents, threshold requirements for support, and evaluation criteria that will be reviewed in determining the City’s support. Financial Support: As outlined in Appendix B, LIHTC projects serving extremely low-income renters and special needs clients may request financial support. Financial support is based upon funding availability and meeting eligibility criteria in Appendix B. Projects anticipating a need for financial support should contact the City as early as possible to ascertain the availability of funding. Ranking Process: Requests will be evaluated to determine if they meet the threshold requirements outlined in Appendix B; those meeting threshold requirements will be scored by City and CAHAB staff according to the following criteria: • Review of market study – 20 points To what extent do the market study and other available data demonstrate a need for the proposed project? • Review of financial data – 20 points 161 Sources, uses and budget forecasts will be evaluated for reasonableness and long-term project sustainability. • Capacity of development team – 20 points Do the team and key staff have experience with this type of project? How has the applicant performed in the past? Has the developer made previous requests to the City or State Department of Commerce to restructure commitments made on similar projects? • Affordability of rents – 40 points Rent schedules will be evaluated for the populations to be served and the rents proposed to be charged by rent level. • Inclusion of units for households earning less than 30% AMI – bonus points The City has an interest in promoting the development of units for households earning less than 30% of the area median income. At the same, a balanced approach dictates that developments be comprised of a mix of income levels and that very low income renters are not overly concentrated in one development. The City will reward 5 bonus points per unit directed to households earning less than 30% AMI. Applications and the staff report will be forwarded to the Community Affordable Housing Advisory Board (CAHAB). The CAHAB will forward the staff report and a CAHAB recommendation to the City Commission, which shall have the final authority to determine which project(s) will receive letters of support. The City Commission may elect to support more than one proposed project, and/or rank the projects they are supporting. 162 City of Bozeman Low Income Housing Tax Credit Request for Support Project Name: Developer(s): Non-profit partner (if applicable): Project Address: Number of Buildings: Number of Units: Amount of Credits being requested: Affordability Period: Proposed Unit Mix: # baths # at 30% AMI or less # at 40% AMI or less # at 50% AMI or less # at 60% AMI or less Studio 1BR 2BR 3BR TOTAL at rent level 0 0 0 0 TOTAL # of Units 0 Proposed Rents: 30% AMI or less 40% AMI or less 50% AMI or less 60% AMI or less Studio 1BR 2BR 3BR Please provide responses to the following questions as an attachment to this form. 163 1) Provide a brief description of the proposed project. Include information regarding project location, number of units, type of units, development/unit amenities and any other information you would like the city to consider. 2) Describe how the proposed project meets or exceeds the Green Building standards outlined in Appendix C of the City of Bozeman Affordable Housing Action Plan. 3) Explain how the proposed project is in support of the City of Bozeman’s Affordable Housing plan and serves a target income group identified by the plan. 4) How will your firm ensure that the long-term management of the project will 1) provide adequate funding for project sustainability, and 2) be responsive to the needs of low-income residents? Attachments (for all support requests): • Narrative responses • Site plan • For each unit type: proposed rent, # of bedrooms, # of bathrooms, rent level (AMI targets) • Market Study • Project financial data – sources and uses; 10 year operating budget; if supportive services are identified as crucial to the project, the operating budget must include forecasted revenue and expenditures for these services • List of development team, including relevant experience in developing/owning similar projects. Please attach resumes for key staff and firm principals. If the project is requesting financial assistance, please answer the following: Amount of financial assistance requested: Number of units for which assistance is requested: Please list the other subsidies the project has applied for, the amount requested from those sources, if the funds have been awarded, or the anticipated award date. 164 Memorandum to City Commission: Provisional Adoption of Ordinance 1836 Page 1 of 3 Commission Memorandum REPORT TO: Honorable Mayor and City Commission. FROM: Scott Lee, City Parking Manager. SUBJECT: Provisional Adoption of Ordinance 1849 – an Ordinance amending chapter 36, article 4 BMC related to parking standards and parking facilities, applying the “rolling rule” to city facilities, amending the fine for section 36.04.260(D), and providing an effective date. MEETING DATE: November 19, 2012 AGENDA ITEM TYPE: Action. RECOMMENDATION: I recommend the Commission hold a public hearing on the ordinance, consider this staff memorandum, written and spoken public testimony, and provisionally adopt Ordinance 1849 to amend chapter 36, article 4 of the Bozeman Municipal Code related to parking standards and the city parking facilities and applying the rolling rule to said facilities and amending the fine for parking longer than 48 hours on a street, alley, or city parking facility. SUGGESTED MOTION: Having conducted a public hearing and considered public comment I hereby move to provisionally adopt Ordinance 1849 amending Chapter 36, Article 4 of the Bozeman Municipal Code related to parking standards and city parking facilities and the application of the “Rolling Rule” to city facilities and amending the fine for parking longer than 48 hours on a street, alley, or city parking facility. BACKGROUND: It is the intent of the Bozeman Parking Commission and the City to clarify and amend the parking related ordinances currently in place to include all City owned facilities in addition to streets, alleys and highways and to therefore make regulations and enforcement consistent. The proposed ordinance addresses two issues: application of the “rolling rule” to City parking facilities such as the Mendenhall and Willson parking lots and a clarification amendment regarding the fine amount for parking for longer than 48 hours on a street, alley, highway, or city parking facility. 165 Memorandum to City Commission: Provisional Adoption of Ordinance 1836 Page 2 of 3 Section 1 of the Ordinance amends section 36.04.250, BMC, and provides authority to the Bozeman Parking Commission to determine restrictions on parking in the public parking facilities including the Downtown Bridger Park Garage and all the surface parking lots owned by the city. Section 2 of the Ordinance addresses the “rolling rule.” In section 36.04.260, the City Commission previously established a “rolling rule” in 2002 to prevent people from just moving a vehicle a short distance every few hours to avoid violating the 2 hour limit. Currently, Parking and Police Officers electronically log the location of vehicles parked in 2 hour zones and mark the location of the valve stems on the vehicle thereby allowing them to determine if the vehicle has been moved. This amendment seeks to include the public parking facilities under this section. The existing “rolling rule” is currently not enforceable in public parking facilities. This has lead to abuse of the intent of the original ordinance by vehicles only needing to move from one space to another within the same parking facility to avoid violation of the city ordinance for two hour parking and said vehicle receiving a citation. Parking Officers see vehicles parked daily in a public lot and a few hours later see the same vehicle parked in the same lot just in a different space. Often the same vehicle will be noted in the same lot every weekday. The drivers have not violated the current ordinance, so no citations are issued. However, a person who parked on the adjacent street would be issued a citation, if they do not vacate the block face for a minimum of three hours. This inconsistency is what the amendment will correct. Additionally, employees of local businesses are encouraged to park elsewhere; however, they often utilize the parking lots, and then just switch spaces with another employee every few hours. The 2010 traffic study has shown the occupancy rate in the several lots remaining at a relatively high level after the late morning peak, thereby not allowing new vehicles to be able to park in these surface lots. The 2012 traffic study has not yet been finalized, however it shows increased occupancy rate in the surface lots over the 2010 levels. Local business owners have addressed their parking concerns about surface parking lot availability to the Parking Commissioners and to the City Commissioners on numerous occasions. This amendment will address the concerns of the Parking Department and Commissioners and these citizens as well. Any person, who displays a permit issued by the City for that specific parking lot, will be exempted from the maximum parking duration thru section 36.04.260(E) and therefore no lawful use will be affected. In an effort to generally revise these provisions in the municipal code we recommend in Section 3 of the Ordinance that Section 36.04.270 be repealed. The language in this section is better included in the previous section which has been done with this amendment, therefore this section should be repealed. Finally, Section 4 of the Ordinance amends Section 36.04.380 - which covers penalties for violations – to change the language regarding which violations have a minimum penalty other than the standard amount of $20.00. There currently are only two violations that have a minimum higher than the $20.00 – Fire Lane violations ($50.00) and Parking Limitations on Certain Streets – parking 2am-7am ($30.00). 166 Memorandum to City Commission: Provisional Adoption of Ordinance 1836 Page 3 of 3 The original intent of the Bozeman Police Department and the Bozeman Parking Department was to increase the minimum fine for Fire Lane violations to $50.00, the 48 hour violations to $30.00 ( not the Parking Limitations on Certain Streets), and to increase all other Title 32 violations to $20.00 each with ordinance 1771. However, when the ordinance was drafted, the language was drafted differently than the intent, and went unnoticed by both departments. The Bozeman Police Department and the Parking Department have been issuing citations for 48 hour violations in the amount of $30.00 since the ordinance was adopted and became effective February 1, 2010. Since I have discovered this, I am presenting this new amendment to the ordinance to match the original intent. Since the prior ordinance set a minimum only, the issuance of citations with a higher amount has been lawful, and both departments seek to correct the language with this amendment. The minimum fine for Parking Limitations on Certain Streets will be reduced to $20.00. The Bozeman Parking Commission is meeting on November 14, 2012 and will vote on a resolution to adopt and recommend to the City Commission said changes to the BMC section 36, article 4 detailed above and in ordinance 1849. ALTERNATIVES: As determined by the City Commission. FISCAL EFFECTS: Negligible increase in revenue. ATTACHMENTS: • Ordinance 1849 for provisional adoption. Report compiled on: November 12, 2012 167 Ordinance No. 1849 Page 1 of 4 ORDINANCE NO. 1849 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 36, ARTICLE 4 OF THE BOZEMAN MUNICIPAL CODE RELATED TO PARKING STANDARDS AND CITY PARKING FACILITIES, APPLYING THE “ROLLING RULE” TO CITY PARKING FACILITIES, ADJUSTING THE FINE FOR PARKING LONGER THAN 48 HOURS ON A STREET, ALLEY, OR CITY PARKING FACILITY, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 Section 36.04.250 of the Bozeman Municipal Code shall be amended so that such section shall read as follows: “Sec. 36.04.250. - Parking limitations on certain streets/city parking facilities. A. The director of public services is authorized to erect signs or markings upon either or both sides of any street or highway to prohibit the standing or parking of vehicles or to restrict such standing or parking. B. The Parking Commission may, by resolution, erect signs or marking upon any city parking facility to prohibit the standing or parking of vehicles or to restrict such standing or parking. C. When official signs are erected in each block or markings are placed along a street, highway, or within a city parking facility, indicating that parking is prohibited or restricted, no person shall park any vehicle in violation of any such sign or marking.” Section 2 Section 36.04.260 of the Bozeman Municipal Code shall be amended so that such section shall read as follows: 168 Ordinance No. 1849 Page 2 of 4 “Sec. 36.04.260. - Maximum parking duration designated. A. When signs are erected on any street, alley, highway, or city parking facility, within the city designating a maximum duration for parking, no person shall park any vehicle for longer than the maximum duration posted. B. A vehicle may not return to a parking space in the same block face or within 500 feet of where previously parked on the same block face or to the same city parking facility for a three hour period. C. Upon expiration of the maximum parking duration as posted, a citation may be issued, in accordance with 36.04.380, to any vehicle which remains parked or stopped on the same block face unless for vehicles parked on streets, alleys, and highways: 1. The vehicle has moved more than 500 lineal feet, measured along the curb or edge line; 2. The vehicle has moved to an unregulated area in the same block face; or 3. The vehicle has vacated the block face for a minimum of three hours. D. Upon expiration of the maximum parking duration as posted for a city parking facility, a citation may be issued, in accordance with 36.04.380, to any vehicle which remains parked or stopped in the same city parking facility. E. Notwithstanding the foregoing, no person shall park a vehicle for longer than 48 consecutive hours at any time upon a street, alley, or highway within the city or within a city parking facility, except for the Downtown Bridger Park Garage, unless displaying a valid permit. Signs may be erected by the director of public services giving notice thereof. However, the signs are not required.” Section 3 Section 36.04.270 of the Bozeman Municipal Code shall be repealed in its entirety and shall be reserved. There shall be no numbering changes to other sections in Chapter 36, Article 4, Division 1. Section 4 Section 36.04.380.A of the Bozeman Municipal Code shall be amended so that such section shall read as follows: “Sec. 36.04.380. – Enforcement; penalty for violations; designated as municipal infractions. A. Municipal infraction/fines. A violation of this article is a municipal infraction and shall be punishable by a civil penalty as provided in section 24.02.040 and the civil penalties shall be imposed as follows: 1. The minimum civil penalty for parking in violation of section 36.04.180 shall be a fine of not less than $50.00 or more than $300.00. 169 Ordinance No. 1849 Page 3 of 4 2. The minimum civil penalty for parking in violation of 36.04.260(D) 3. The minimum civil penalty for parking in violation of other sections of this article shall be a fine of not less than $20.00 or more than $300.00. shall be a fine of not less than $30.00 or more than $300.00. Section 5 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 6 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 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 7 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 8 Codification. This Ordinance shall be codified as indicated in Section 1 – 4. Section 9 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 170 Ordinance No. 1849 Page 4 of 4 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 19th day of November, 2012. ____________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2012. The effective date of this ordinance is __________, __, 2012. _________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 171 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Brunckhorst, Deputy Clerk / Advisory Board Coordinator Stacy Ulmen CMC, City Clerk SUBJECT: Appointment to the Economic Development Council MEETING DATE: November 19, 2012 MEETING TYPE: Action RECOMMENDATION: Appoint up to one person to the Economic Development Council. BACKGROUND: This Council has one vacancy and four new applicants. The Council will meet on November 15th and likely forward a recommendation for appointment to the Commission at that time. The creation and appointment of an Economic Development Council was recommended and described in the Economic Development Plan adopted by the City Commission on August 3, 2009. In February, 2010, the seven member Council was appointed. Shortly thereafter, the Council brought forward Ordinance No. 1784 adding Chapter 2.86 of the Bozeman Municipal Code for the official creation of the Economic Development Council and establishing the duties and responsibilities thereof. After initial appointments, council members shall serve three year staggered terms. Excerpt from the implementation matrix found on page VIII of the Economic Development Plan (EDP): 5. c “Establish an Economic Development Council, consisting of: business leaders, city staff, economic development leaders, and others; to advise the City Commission on economic development issues and to review the implementation of this City of Bozeman Economic Development Plan.” Applicants: Heather Bellamy Erik Garberg Jerry Pape Randy Wall Attachment: Council Applications 172 Date: 11.1.12 Which Board or Commission are you applying for?: Economic Development Council Are you a new applicant or are you applying for another term.: new applicant Enter your first name: Heather Enter your last name: Bellamy Email Address: heather.bellamy@northwestern.com Physical Address: 402 East Main Street, Suite 3 Phone Numbers: Length of time in the Bozeman area: 23 years Do you live in the city limits? (Depending on the board this may or may not be required.): Bozeman address. Outside city lines. Occupation: Manager Community Relations Employer: NorthWestern Energy Have you ever served on a City or County Board or Commission?: No Please explain your relevant qualifications, interests and experiences: The mission of NorthWestern Energy’s economic development team is to be an active partner in the communities we serve to help retain existing jobs, promote business expansion, and attract new businesses. As the Manager of Community Relations for Bozeman, I want to serve the community in meaningful ways that will both support the quality of life we already enjoy, and continue to build a sustainable economy to ensure our community thrives well into the future. Please list a reference and a contact phone or email: Chris Mehl, City Commissioner List a 2nd reference with contact phone or email: Chris Naumann, Downtown Bozeman Partnership The Bozeman City Charter voted in by the citizens of Bozeman in 2008 requires yearly ethics training. If appointed, do you understand you will be expected to take online and in person ethics trainings?: yes Is there any other information you feel may be relevant to your application?: I serve as a Montana Ambassador, appointed by Governor Schweitzer in 2006 How did you hear about this board or vacancy?: website 173 CITY OF BOZEMAN, MONTANA APPLICATION FOR THE ECONOMIC DEVELOPMENT COUNCIL Date:_______________________ Name: __________________________________________________________________ Physical Address: _________________________________________________________ Mailing Address (if different): _______________________________________________ Em___________ Phone(s): _______________________________________________________ Length of time in the Bozeman area: _________________________________________ Occupation: ______________________________________________________________ Employer: _______________________________________________________________ Have you ever served on a City or County board? _______________________________ (If so, where, what board, and how long?) Please explain your relevant qualifications, interests, and experiences. References (Individual or Organization) Name: Phone: ___________________________________________________ _________ ___________________________________________________ _________ ___________________________________________________ _________ This application is considered public record. Application contact information may be displayed on the City of Bozeman website. PLEASE NOTE: Per Ordinance No. 1759, revising Chapter 2.01 of the Bozeman Municipal Code, all board members are required to attend a yearly ethics workshop provided free of charge by the City as a condition of service as a member of a board. 174 30 September 2008 | the tributary www.bozemantributary.com CommerCe Buddhism and real estate I’ve known Jerry Pape, Jr. for nearly eight years. He is a Buddhist practitioner and founder of two businesses, Triple Creek Realty of Bozeman and Excalibur, a national IT management and troubleshooting company. At a recent lunch meeting, I asked Pape, in what became a rather stream-of-consciousness interview, to share with me how these three very different pursuits fit together in his life. I was particularly interested in Pape’s thoughts on the Buddhist concept of “Right Livelihood” and real estate practice especially in light of the fact that Tributary writer Helen Tzitley recently went so far as to give real estate brokers the moniker “dirty pirate hookers” in a story she wrote about buying her first home. Right livelihood is concerned with ensuring that one earns one’s living in an honorable way, that is, that wealth be acquired only by legal means; peacefully without coercion or violence; honestly, not by trickery or deceit; and in ways which do not entail harm and suffering for others. Pape responded that he was taught this concept very simply by the Ven. Gyatrul Rinpoche, who said we must always be asking “What is benefit? Who is benefit?” “What I learned from this teaching is that with each action you must consider what the benefit is and who is benefited. I find in my life that if the answer to who is benefited by a particular action is ‘just me’, then I’m not working hard enough.” In keeping with the Buddhist idea of benefiting others, Pape is straight- faced and calm as he addresses what he calls “fiduciary obligation in real estate” wherein the agent must consider the client’s benefit in advance of his or her own benefit, something that was not often attended to in Bozeman’s past climate of irrational property values and skyrocketing appreciation. Pape noted that new agents must have enough initial income to not need the deal. If an agent needs the deal and the client’s money, he or she is at risk of violating this fiduciary obligation. Pape sees Bozeman as very young and unsophisticated when it comes to educating inexperienced real estate clients about market values and the transaction process. This is particularly true in a correcting market that the majority of Bozeman agents have never seen. “When people ask someone to perform real estate agency for them, they should know what they’re asking for…Most people don’t know what a real estate agent is really supposed to do. Around here, people think they mostly sit around and make a bunch of money for doing nothing, which is not accurate,” or right in the Buddhist sense. As a Buddhist practitioner and a realtor of nearly 20 years experience, Pape should know something about both. According to Pape, real estate has been made more complicated than it has to be; it is not supposed to be a mystery. For Pape, the theory behind his work whether in technology or real estate practice is this: “If you want to be the best at what you do, you have to be the best educator. Being the best educator allows you to empower your clients with knowledge and confidence in the transactions they undertake. Real estate should never be taken lightly. It is a serious business working with large amounts of money and a degree of emotional involvement that is often the most profound combination of the two in most people’s lives.” eduCation and real estate Pape feels many sellers in our current market are caught up in the mentality of “they found the property they WANT so they’ve got to somehow sell the property that they have at the price that they NEED to get what they WANT.” But, said Pape, “the market doesn’t wake up in the morning and go, ‘Bob Smith, what do you need today?’ Further, when you allow inexperienced people to buy what they want, nine out of ten times, two years down the road, they’re very unhappy with what they bought because they didn’t understand what they really needed.” Pape’s concern is that most people don’t really think cognitively about the whole transaction process. From a professional standpoint, the following steps remain constant in every deal: examine current market status, seek the target property, write offers, negotiate a price, pursue due diligence, request inspections, manage contingencies and close the deal. However, anytime you put people through a process they don’t understand, they are going to feel insecure and possibly hoodwinked. Hence, his stress on the role of agent as advisor and educator. A local bank executive once told Pape, “Anybody can put a sign in the yard – today people need real estate consulting.” Solving problems or “troubleshooting” is what Pape does best. Whether in technology or real estate, troubleshooting often requires thinking outside the box. “Many people are so used to thinking inside their little box that sometimes they need a nudge to see that many of the best solutions emerge by looking at things from differing angles,” said Pape. One of those differing angles is the way that Pape approaches client education in real estate, particularly with respect to the concept of “value.” He teaches his agents and clients his version of the value concept in under an hour. By teaching the constructs of value and the status of the current market first, Pape creates a proactive relationship with his clients that sets the tone for the rest of a transaction. According to Pape, education empowers the client. “When you look at people’s ego mechanics, they generally don’t want to admit what they don’t know. When they do, they feel like they’re in a disadvantageous position. If you give them the tools to make informed decisions, they are in a better position to understand value and be comfortable with what they are buying or selling. At that point, they are no longer making reactionary decisions, they’re making logical decisions that temper their emotions, learning how to buy what they really need, not what they merely want.” He added, “Similar concepts apply to sellers, especially in this market. Many sellers have completely unfounded concepts of value and have further compounded the problem by having intense emotional involvements with their existing properties.” These involvements often cause them to so overvalue the property they are trying to sell that they can’t accomplish their larger goals in a timely fashion. Pape said, “Bob Hendricks, a noted mortgage banker at First Interstate Bank, taught me years ago that people often can’t see the forest for the trees. While striving to get an extra $10,000 for their existing property, people often lose sight of the fact that if the mortgage rate on the property they’re trying to buy ticks up even one tenth of a point, this will cost them over $10,000 in interest in the life of the new loan.” Pape is emphatic, “Time is of the essence in real estate where a variety of dynamic internal and external factors are at play in every transaction.” For these and other reasons, Pape believes it is very important to educate sellers about how their property stacks up in the current market and what the market is likely to offer them. Said Pape, “To not take this education process very seriously results in a tremendous number of stagnant, overpriced properties that slow both market recovery and a return to positive appreciation.” In the end, the real measure of any transaction according to Pape is what his clients think two years later, not the day that he gets a check. From this point of view, his method is based on building long-term relationships and is only possible if the idea of truly benefiting others is kept in mind for the long haul. real estate and teChnology For Pape, real estate and technology have something in common – all the “heavy lifting” should be done up front. “In technology, we don’t deploy solutions that we don’t test to death. If that means beating on it with a hammer, then we’re beating on it with a hammer. In this way we know what to expect from a given product. This knowledge allows us to create reliable solutions.” With nine years of national Total Cost of Ownership studies for over 65 companies ranging from two employees to 75, Pape means what he says. “We have this down to a science. Most businesses with managed IT spend between 2 to 5 percent of their annual sales on IT. Most of my clients are operating flawlessly at 0.8 to 1.25 percent.” As for real estate in Bozeman recently it’s been what Pape unfortunately calls, “Who-you-know real estate” not “what- you-know real estate.” Pape noted that “Today, because so many of the who- you-know agents had no real training, they are struggling because they didn’t do the heavy lifting by acquiring the training needed to survive in what has become a what-you-know real estate era.” It has been suggested that by next spring, perhaps as many as half the full time agents in the Gallatin Association of Realtors will be lost to the changing market and economic pressure and will have to seek other employment. Certainly, he said, the economy plays the greater role in this attrition, but surviving real estate cycles is also a result of proper training and supervision. This is why Pape himself went through (and why everyone that works with him goes through) rigorous training. His agents must undergo 250 hours of directly supervised training in buyer transactions and 250 hours in seller transactions. Pape said, “Insufficiently trained agents cause harm to their clients and are an E&O liability.” on trouBleshooting Michelle Fiore, a renowned California physician and friend of Pape’s for 30 years says, “If there is a crisis and Jerry walks in the room – no more crisis. People either love him for the ‘Pape Effect’ or hate him for it.” When asked to comment on this effect Pape said, “I’m a paid confronter. Trouble is trouble and I meet it head-on. Nobody wants someone to come in and pat the trouble on its head and say, ‘Oh, it’ll go away on its own.’ If you are a troubleshooter clients want you to confront the trouble and make it go away. It doesn’t matter if it’s a difficult real estate problem, misbehaving technology or an unethical vendor, the client points at the trouble; I shoot it.” “Three out of five times, someone will call with a serious problem, I will arrive on the scene with my trouble dispelling force field, and they will jump up and down in front of me, pointing behind themselves saying ‘It’s on fire!’ I will try to move to the trouble spot, and the distressed client will stand between me and the trouble. They don’t want to be the ones who can’t fix it.” Perhaps this is because, according to Pape, when he arrives it means they’re “what is Benefit? who is Benefit?”an interview with Jerry Pape, Jr. on right buying, selling and troubleshooting By Holly Zadra 175 the tributary | September 2008 31 CLOSETCOMMUNITY ƢƟƤ &òĄą 1òăü 4ąăööą -úćúÿøĄąĀÿ]ƢƞƤƠƠƠƤƠƞƞ ôĀþþĆÿúąĊôýĀĄöąôĀþ WHEREFASHIONMEETSPHILANTHROPY Marie Gary CIC, LUTCF1920 W BabcockBozemana012550@allstate.com THERE’S NO SUBSTITUTE FOR A NEW CAR OTHER THANA NEW CAR. Call me today to learn about New Car Replacement. If your new car is totaled, you’ll get a new one - not just book value.(406) 586-3330 Serving the community for over 20 years Feature is optional and subject to terms and conditions. Available in select states now and in most states by 1/31/06 (subject to regulatory approval where required). Allstate Fire and Casualty Insurance Company: Northbrook, IL. ©2005 Allstate Insurance Company in real trouble. It means he knows more than they do about the subject and it’s going to cost a lot of money to fix it, both of which produce profound ego trauma and eventually financial anemia. Pape relates the tactical aspect of his personality type to something he learned in rescue dive training. “If your dive buddy is in a tough spot, you check your air, you check his eyes and you make a hard decision. If his eyes don’t look right, you clock him. Bam! And then you drag him in. Otherwise, he’ll drown you both. You’re there to save the day and keep your own ass afloat, not to negotiate other people’s ego mechanics. Period.” One reason people have difficulty with Pape is that to get people or vendors in a giant corporation thousands of miles away to actually comply and perform requires an unusual confrontational skill and a lot of leverage. “When I get a trouble call and they tell me the accounting system’s down, 18 people’s paychecks are at stake, and it’s payday, I’m not here to say, ‘Hi. How are you? Are you having a nice day? How’s your family?’ and I’m certainly not here to call up the misbehaving vendor and say, ‘Can you pretty please replace this defective product that your company made?’” aBout the man There’s no doubt that Jerry Pape, Jr. talks big and makes an immediate impression. When he enters a room, only the undead fail to take notice. Pape would beg to differ; he thinks the undead actually pay more attention than we think. His vocabulary astounds (he said ‘annoys’). His memory is sharp (he corrected me, ‘failing’). He’s definitive, effective, witty, and depending upon the circumstances, by turns serious and playful. When he really offers his energy to you, you can be certain he is focused on your needs. Legitimizing such a reputation, however, presents two problems: naysayers and ego barriers. Pape acknowledges that many people think he is completely full of shit. People that know Pape well know he can substantiate anything he says. If he doesn’t know the answer, he can find it in under 15 minutes. He’ll pull it out of a book, off the net, ask a mentor or contact the people directly responsible for the technology in question. Pape said, “I won’t hesitate to call the VP of hardware development at one of my vendors because I’ve invested years in these relationships. I visit my vendors annually all across the country. I like Woody Allen’s old line ‘80% of success is just showing up,’ so I actually show up and demand accountability which really surprises new vendors. Relationships are a primary differentiator in the IT management business. You can’t succeed without both ‘who you know’ and ‘what you know’ and a whole lot of each.” The other side of legitimization has to do with overcoming ego barriers. Pape remarked that when a person speaks as an expert, many people, think What don’t I know and why do I need his help? not What does he know and how can he help? “Coming to the point where they can see expertise as a benefit and the relationship as an alliance requires acknowledgement of most people’s biggest problem: Ego. And believe me,” Pape added “My ego is no exception.” Pape addressed the source of his expertise this way: “Since I was a child, ‘I don’t know’ has been an immediate action item. It began with ‘I don’t know how it works,’ so the vacuum cleaner got taken apart. Throughout my life, I saw a great deal of suffering in the world when people had things that didn’t work the way they were supposed to work. I had an inherent knack for three things: I knew how to break it, how to fix it and I knew why it wasn’t working.” Eventually these three talents lead to a degree in Science and Technology focusing on Usability Engineering from Stanford. “When you study people using things, you gain many perspectives through intense observation. Your value to the tech industry is how many ‘user perspectives’ are in your head. Because I taught technology and applied physics at Stanford, and technology at UC Santa Cruz and San Jose State, I gained thousands upon thousands of user perspectives. Later at Mac Academy, as a national technology educator in the 90’s, I had groups as large as 500-1,500 students. In all, I’ve had well over 20,000 students. I know categorically what people do and don’t like about technology.” Pape knows the founders of Cisco, Intuit, Aldus and Symantec. He designed exams that certify Adobe instructors, and contributed to the design and execution of products many of us use every day like the Palm Pilot and the Dymo Labelwriter. When he talks about these things in conversation it makes him sound like a name dropper but, to him, it is simply a matter of past work experience. “Everyone has a resume,” he said. “A lot of mine just happened to be based in the progressive environment of Silicon Valley.” And statements like that are what tend to put a question mark in the thought bubble of listeners because Pape looks much younger than he is and started much earlier than most. In response to the quizzical looks he gets, Pape admits that context matters when delivering information. “When I’m in the classroom or amongst friends, delivering information is easy, but in certain external social circumstances, I set off so many people’s negative coping mechanisms – even when I’m standing still and not saying anything – that things can get polarized pretty quickly.” In a more gentle and self-serving way, Pape said this about his character, “People enjoy pearls very much, but to produce a pearl, you have to have start with what is essentially an irritant. I am often the cognitive dissonance that creates new possibilities in any given situation, an effect my friend Ken McLeod called ‘strange gravity.’” in a nutshell Pape tries to set expectations accordingly. On the door of his office is a picture of a yellow peanut M&M character with blue hair, a cell phone and black shoes. This way, when people come looking for a nut with blue hair and a cell phone, they know where to find him. He’s not your average anything – take it or leave it. When I ask him what’s up with the blue hair, he said it’s a long story that has to do with Goth night clubs, beautiful women and an unbreakable habit. Pape called it a “state indicator” knowing it makes him look like Sonic the Hedgehog. The pricklier it is, the pricklier he is. On really prickly days, if you don’t treat him appropriately, things might not go very well. If the soft touch is the better approach, he brings in his friend and partner of many years, Bennett Drozic. Together the two have the ability to do jobs they could not otherwise accomplish alone. In contrast to what makes his clients crazy, I asked Pape what produces anger or irritation for him. “It’s pretty hard to make me angry. Probably the thing I get most angry about is when others selfishly ignore interdependence, especially communities and large corporations, bringing harm to others. I frequently find myself fighting with large corporations like health insurance companies and big technology vendors. I have always felt that it was not enough to fight for just what I needed in these situations. I try very diligently to ensure that the fight I am fighting is won not just for me but for every other little guy who might have the same problem, but lacks the skill set to solve it. In doing so I’m trying to constantly assess my actions so that I can avoid making choices based on benefit to self at the expense of others.” Or, more simply put, Pape returns to his root mantra, “What is benefit? Who is benefit?” To argue with Jerry Pape, Jr., email him at trib@espt.com. 176 Date: 9-26-12 Which Board or Commission are you applying for?: Economic Development Council Are you a new applicant or are you applying for another term.: New Enter your first name: Randy Enter your last name: Wall Email Address: Physical Address: Phone Numbers: Length of time in the Bozeman area: 6 years Do you live in the city limits? (Depending on the board this may or may not be required.): Yes Occupation: Civil Engineer/Land Planner/Sustainability Consultant Employer: Quality of Life Consultants, LLC Have you ever served on a City or County Board or Commission?: Yes If so, where and how long?: Design Review Board '08-'12; Planning & Zoning Boards '12 - present Please explain your relevant qualifications, interests and experiences: Business owner for 22 years; Masters in Public Administration MSU '11; Professional Engineer; extensive experience with City of Bozeman government Please list a reference and a contact phone or email: Daryl Schliem List a 2nd reference with contact phone or email: Anders Lewendal The Bozeman City Charter voted in by the citizens of Bozeman in 2008 requires yearly ethics training. If appointed, do you understand you will be expected to take online and in person ethics trainings?: Yes; I have attended three CoB ethics trainings so far Is there any other information you feel may be relevant to your application?: Daryl Schliem asked me to apply How did you hear about this board or vacancy?: Daryl Schliem 177 Randy P. Wall, P.E. 530  E.  Cottonwood  St.  (406)  599-­‐3794   Bozeman,  MT    59715    rwall@qlcon.com   Professional  Experience   President   Quality  of  Life  Consultants,  LLC,  Bozeman,  Montana   05/09  to  present   • Principal  Civil  Engineer,  structural  engineer,  land  planner,  and  project  manager   • Expert  in  collaborative  project  management  for  complex  engineering  and  planning  projects   • Adept  in  the  practical  art  of  government,  research  and  discovery,  permit  processing  and   approvals,  and  representation  to  local  governments  and  regulatory  agencies   Senior  Project  Manager   Stahly  Engineering  &  Associates,  Inc.,  Bozeman,  Montana   07/08  through  04/09   • Responsible  for  all  aspects  of  civil  engineering,  land  planning,  and  project  management   • Managed  technical  and  administrative  staff  to  deliver  projects  on  time  and  on  budget   • Represented  projects  to,  and  obtained  approvals  from  the  City  of  Bozeman  and  the  Montana   Department  of  Transportation   President   R&B  Engineering,  Inc.,  Auburn,  California  &  Bozeman,  Montana   02/90  through  06/08   • Owner,  principal  Civil  Engineer,  structural  engineer,  land  planner,  and  project  manager   • Responsible  for  project  planning,  environmental  assessment,  design,  and  construction   • Managed  and  obtained  project  approvals  from  local  governments  and  regulatory  agencies   • Responsible  for  personnel  management  of  a  professional  staff  of  14   • In  charge  of  design,  implementation,  quantification  and  innovation  of  business  systems   Civil  Engineer/Project  Manager   Nevada  City  Engineering,  Inc.,  Nevada  City,  California   07/88  through  1/90   Civil  Engineer   Pacific  Gas  &  Electric  Company,  San  Francisco,  California   01/84  through  06/88   Education   Master  of  Public  Administration   Montana  State  University  Bozeman,  2011   Bachelor  of  Science  in  Civil  Engineering   University  of  California  at  Davis,  1983   Licensure   Professional  Civil  Engineer   States  of  Montana,  Colorado,  Wyoming,  California,  and  North  Dakota   LEED  Accredited  Professional  (AP)  Homes   Appointments/Offices   Board  Member   Planning  and  Zoning  Boards,  City  of  Bozeman,  Montana  (2012  –  present)   Board  Member   Design  Review  Board,  City  of  Bozeman,  Montana  (2008-­‐2012)   178 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Brunckhorst, Deputy Clerk / Advisory Board Coordinator Stacy Ulmen CMC, City Clerk SUBJECT: Appointment to the Recreation and Parks Advisory Board MEETING DATE: November 19, 2012 MEETING TYPE: Action RECOMMENDATION: Appoint one new member to the Recreation and Parks Advisory Board. BACKGROUND: The Recreation and Parks Advisory Board has one at large vacancy with an expiration date of December 31, 2013 from a recent resignation and an ongoing student vacancy. One new applicant has applied for the at large position. The Recreation and Parks Advisory Board is established under Section 2.36.030 of the Bozeman Municipal Code. It consists of up to fourteen members who serve three-year terms, except for the two students, who serve one-year terms. They shall represent as many facets of recreational programs as possible. A majority of the members, regardless of the Board's size, shall be residents of the City. The Board is advisory, making recommendations to the City Commission on policy and procedural matters in the field of recreation and playgrounds as well as parkland dedications or cash-in-lieu proposals forwarded during the planning/subdivision process. There are four expired terms and three ongoing vacancies. Three members have re-applied and two new applications have been received. New Applicant: Richard Shanahan ALTERNATIVES: As suggested by the City Commission. Attachment: Board Application 179 Date: 11/1/2012 Which Board or Commission are you applying for?: Recreation and Parks Are you a new applicant or are you applying for another term.: New Applicant Enter your first name: Richard Enter your last name: Shanahan Email Address: Physical Address: Bozeman, MT 59715 Mailing Address: Bozeman, MT 59771 Phone Numbers: Length of time in the Bozeman area: Forty Five years Do you live in the city limits? (Depending on the board this may or may not be required.): Gallatin County Occupation: Architect Employer: Richard M. Shanahan Architects, Inc. Have you ever served on a City or County Board or Commission?: Yes If so, where and how long?: Historical Preservation Board 10 Years, Beautification Board, 6 years Please explain your relevant qualifications, interests and experiences: Architect, Have an entire life time of interest and participation in recreation and athletics. Design and develop fitness centers throughout the western US. Please list a reference and a contact phone or email: Rick Kerin, P.E. List a 2nd reference with contact phone or email: Roger Clingman, What representative position are you applying for?: Board Member The Bozeman City Charter voted in by the citizens of Bozeman in 2008 requires yearly ethics training. If appointed, do you understand you will be expected to take online and in person ethics trainings?: Yes Is there any other information you feel may be relevant to your application?: Long history of planning and recreation interest and would like to share them with the City of Bozeman and surrounding area. How did you hear about this board or vacancy?: Inquired about it with Chuck Winn 180