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HomeMy WebLinkAboutMedia Station Conditional Use Permit with Variance Z14036Z14036, Staff Report Media Station CUP Page 1 of 29 Z14036 Staff Report for the Media Station Conditional Use Permit With Variance Date: City Commission Public Hearing April 14, 2014 Project Description: Media Station Preliminary Conditional Use Permit application to allow the construction of a two unit residential dwelling on the ground floor, which is a conditional use in the B-2, Community Business zoning district with a variance from Section 38.21.060.C.2, BMC, front yard setback requirements, Application Z14036. Project Location: 105 North 8th Avenue, Bozeman, MT and legally described as Lots 9-12, Springbrook Addition to Bozeman, Section 12, T2S, R5E, City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code provisions Recommended Motions: Recommended Motion for Variance Request: “Having reviewed the application materials, considered public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for Z14036 and move to approve the requested variance to Chapter 38 of the Bozeman Municipal Code Section 38.21.060.C.2, to allow the encroachment into the required front yard setback.” Recommended Motion for the Conditional Use Permit Application: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14036 and move to approve the Media Station conditional use permit to allow the construction of a two unit residential dwelling on the ground floor with conditions and subject to all applicable code provisions.” Recommended Motion for Acceptance of Cash In-Lieu of Parkland: “Having reviewed and considered the expressed preference of the developer and all the information presented, I hereby adopt the findings presented in the staff report for application Z14036 and move to accept cash in-lieu of parkland dedication as described in Section 5, Staff Finding No. 8.” Report Date: Tuesday, April 08, 2014 Staff Contact: Tom Rogers, Associate Planner Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi Judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. 91 Z14036, Staff Report Media Station CUP Page 2 of 29 Project Summary Media Station, Inc. and Thinktank Design Group, Inc. have submitted application to construct a two unit residential apartment buildings attached to the existing Media Station sign shop at the northeast corner of Mendenhall Street and North 7thAvenue. The building has two floors and includes residential uses on the ground floor, which is a conditional use in the B-2 Community Business District and requires a public hearing. The site in question has been used for sign design, production, manufacturing, and residential use intermittently since at least 1945. The residential structure was recently removed in anticipation of re-development. Two written public comments have been received supporting the application. The Development Review Committee at their March 19, 2014 meeting voted unanimously to recommend approval of the application and variance with the conditions and code provisions identified in this report. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable CUP criteria contained within the staff report; 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 11 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 12 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13 SECTION 5 - STAFF ANALYSIS......................................................................................... 13 Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 13 Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 18 Zoning Variance Review Criteria – Section 38.35.060 .................................................... 20 APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 24 APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 24 APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 28 APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 28 APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 28 92 Z14036, Staff Report Media Station CUP Page 3 of 29 FISCAL EFFECTS ................................................................................................................. 28 ATTACHMENTS ................................................................................................................... 28 93 Z14036, Staff Report Media Station CUP Page 4 of 29 SECTION 1 - MAP SERIES Surrounding Zoning and Land Uses North: Vacant; zoned B-2 Community Business District South: Parking lot associated with the Snowload Building; zoned B-2 Community Business District East: Single household detached; zoned B-2 Community Business District West: Sacred Images Tattoo, Debos Pawn Shop, and Lanphear Insurance; zoned B-2 Community Business District 94 Z14036, Staff Report Media Station CUP Page 5 of 29 95 Z14036, Staff Report Media Station CUP Page 6 of 29 96 Z14036, Staff Report Media Station CUP Page 7 of 29 97 Z14036, Staff Report Media Station CUP Page 8 of 29 98 Z14036, Staff Report Media Station CUP Page 9 of 29 Media Site Plan – First Floor 99 Z14036, Staff Report Media Station CUP Page 10 of 29 Media Station Site Plan – Second Floor 100 Z14036, Staff Report Media Station CUP Page 11 of 29 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the project. Recommended Conditions of Approval: 1. A separate landscape plan shall be submitted for all existing and proposed landscaping on the site addressing the entire development pursuant to Section 38.26, Bozeman Municipal Code (BMC). 2. Section 38.26.060.C.3, BMC permits non-vegetative landscape features to counts towards required minimum landscape performance standards. One point is awarded for each nine cubic feet of original, freestanding, permanent sculpture which is integrated with other landscaping. Sculpture is permitted to be located within required front yard setbacks. 3. All portions of property legally described as Lots 9-12, Springbrook Addition to Bozeman, Section 12, T2S, R5E, City of Bozeman, Gallatin County, Montana shall be aggregated through the applicable subdivision review process to accommodate the project prior to final plan approval. 4. Pursuant to Section 38.27.020, BMC, contribution of park area (parkland) by any combination of land dedication, cash donation in-lieu of land dedication, or an alternative authorized by Section 38.27.100, BMC is required. This will need to be addressed at time of Final Site Plan application. 5. Upon submitting the final plan for approval by the Community Development Director and prior to issuance of a building permit, the Applicant will submit a written narrative outlining how each of the conditions of approval and code provisions have been satisfied. 6. Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, awnings, window wells and steps, provided such architectural features do not extend more than two feet into any required side yard, except that eaves and gutters may extend 2.5 feet into any required side yard pursuant to Section 38.21.060.2, BMC. 7. Pursuant to Section 38.27.020, BMC an accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a common wall for not less than five feet. 8. Pursuant to Section 38.28.200.E, BMC states that any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided under this section, until all signs on the lot are brought into conformance with this article. 9. Any amendments or modifications approved plan shall be submitted to the Community Development Director for review and possible approval pursuant to Section 38.19.130, BMC. 10. The pedestrian ramp on the northwest quadrant of the intersection of Mendenhall Street and North 8th Avenue shall be brought up to current ADA standards. 101 Z14036, Staff Report Media Station CUP Page 12 of 29 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS A. Section 38.23.150.D.7.b, BMC states 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. No photometric lighting information was submitted with the preliminary plan. These details are required with the final plan application. B. Section 38.21.050.F, BMC 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 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.” Mechanical equipment is not shown on the preliminary plan set. This notation is required for any mechanical equipment that may be installed during construction that was not anticipated in the preliminary plan review. C. Section 38.25.040.A.5 states that 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. a. Bicycle parking facilities will be in conformance with standards recommended in the city's long range transportation plan. Provide a bicycle rack detail with the final plan application in compliance with this standard. D. Section 38.27.020.A.1, BMC requires .03 acres of parkland per dwelling unit up to a net residential density of 12 dwelling units per acre. The area required by this subsection shall be provided. The required area or its equivalent may be provided by any combination of land dedication, cash donation in-lieu of land dedication, or an alternative authorized by section 38.27.100, subject to the standards of this chapter. For subsequent development when net residential density becomes known, the net residential density per acre shall be rounded to the nearest whole number and applied as follows. For development within other zoning districts not previously specified and developed for residential uses for the additional net residential density not to exceed a total, including prior dedications, of 12 dwellings per acre shall be provided as cash-in-lieu. Cash in-lieu of Parkland is proposed. 102 Z14036, Staff Report Media Station CUP Page 13 of 29 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Media Station Conditional Use Permit File: Z14036 The Development Review Committee (DRC) considered the conditional use permit application to allow the construction of a two unit residential dwelling on the ground floor and the variance request from front yard setback requirements on March 5, 12, and 19, 2014 and completed the review with a recommendation of conditional approval on March 19, 2014. The Recreation and Parks Advisory Board (RPAB) met on March 21, 2014 to consider the proposed cash in-lieu of parkland dedication. Based on site specific considerations and the intent of the Bozeman Municipal Code the RPAB recommend that the City Commission accept the request for cash in-lieu of parkland dedication for this project. The RPAB letter of recommendation is attached to this report. The City Commission is scheduled to hold a public hearing and review the application at their March 14, 2014 meeting. SECTION 5 - STAFF ANALYSIS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Plan Review Criteria, Section 38.19.100, BMC. 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. In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria. 1. Conformance to and consistency with the City’s adopted growth policy The proposed site plan as conditioned is in general compliance with this criterion. The Future Land Use designation is Community Commercial Mixed with Residential land use adjacent to the subject property. The current and historical land use is mixed supporting the goals of mixed use, walkable, and supportive activities near the central business district (CBD). For more detailed information on the growth policy designation please see Appendix B. 2. Conformance to this chapter, including the cessation of any current violations The project is generally conforming to the standards as presented and will comply fully with identified conditions and code requirements if the Commission grants a variance from required front yard setback adjacent to an arterial street as designated by the adopted transportation plan. Section 3 of this report lists specific points which need to be addressed to achieve full compliance. 103 Z14036, Staff Report Media Station CUP Page 14 of 29 3. Conformance with all other applicable laws, ordinances, and regulations There is an existing non-conforming roof top sign on the adjacent commercial structure as shown on the attached plans. The existing rooftop sign meets the requirements to be classified as a legal non-conforming sign Pursuant to Section 38.28.200.C, BMC. This section states all signs which were legally permitted prior to June 22, 1997, are considered legal, permitted signs under this article. Except as provided for in subsection D of this section, said sign, if nonconforming with this article. Section D states that no legal, nonconforming sign may be altered or enlarged in any way which increases its nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its nonconformity. However, the sign may not be replaced except with a conforming sign, changed in copy, structurally altered to extend its useful life, or expanded, moved or relocated except as allowed by this section. The Applicant may request historic sign designation pursuant to Section 38.28.170, BMC in the future for any proposed modifications. No other non-conformities are identified. Some additional steps are required to demonstrate compliance as the project moves forward. Applications for final plan(s), building permits, storm water permits, and State permits for access will be made in due time. All permits must be in hand before construction will be approved. Appendix A has advisory information to help ensure these are not forgotten. 4. Relationship of site plan elements to conditions both on and off the property Building placement and other site plan elements depicted on the submitted plans appear to be reasonably related to adjacent and on-site conditions. The buildings are compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass and height, neighborhood identity, landscaping, orientation of buildings on the site and visual integration. The design and arrangement of the elements of the plan (e.g., building, access, circulation, outdoor spaces, and landscaping, etc.) are such that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and they produce an efficient, functionally organized and cohesive development. In addition, the elements being employed to meet development standard and codes provide amenities to the community. For example, the Applicant intends to utilize sculpture to augment the landscape design plan on the southeast corner of the property as show in the image below. 104 Z14036, Staff Report Media Station CUP Page 15 of 29 5. The impact of the proposal on the existing and anticipated traffic and parking conditions An updated traffic analysis was not required by the Engineering Division for this project due to the nature of the proposed uses. Parking is being provided in accordance with regulations and there is no change to the historic land use. 6. Pedestrian and vehicular ingress and egress The proposed vehicular accesses conform to access spacing and other applicable standards. Primary access to the residential building is from Mendenhall Street with direct access via concrete walkway to the existing sidewalk. Access to the commercial activities is provided from North 8th Avenue by the existing approach. Vehicular access and parking is provided by Mendenhall Street and North 8th Avenue with additional access and parking from the paved alley on the western property boundary. Perimeter sidewalks exist and any damaged sidewalk panels are required to be repaired or replaced. Any deficient ADA ramps are required to be improved to current standards. 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 proposed landscaping meets the minimum landscaping performance points and mandatory landscape standards. As noted earlier the Applicant has proposed utilizing non-vegetative special features pursuant to Section 38.26.060.C.3.b, BMC. This provision permits landscaping points to be awarded for original, freestanding, permanent sculpture which is integrated with other landscaping. 8. Open space Residential private open space is not required for this development pursuant to Section 38.27.020.E, BMC. However, parkland is required for the additional dwelling unit. 105 Z14036, Staff Report Media Station CUP Page 16 of 29 The Applicant is proposing cash in-lieu of parkland dedication. Pursuant to Section 38.27.030, BMC, Cash donation in-lieu of land dedication shall be equal to the fair market value of the amount of land that would have been dedicated. On March 21, 2014 the Recreation and Parks Advisory Board met to consider the requested cash in-lieu of parkland request and recommended the City Commission accept the cash in-lieu. A summary of the meeting is attached to this report. A land appraisal accompanied the submittal establishing the value of the cash in-lieu of parkland for this project at $0.80 per square foot. A total of 0.03 acres of parkland or equivalent is required. Therefore a cash in-lieu payment of (0.03 acres x $0.80 per square foot) $1,045.44 is required prior to final plan approval. Staff provided a motion to accept the cash in-lieu if the Commission determines the following criteria have been met pursuant to Section 38.27.030.A, BMC. The review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. When making this determination, the review authority shall consider the following: 1. The desirability and suitability of land for parks and playgrounds based on size, topography, shape, location or other circumstances; and 2. The expressed preference of the developer. 3. Location of the site within the B-3 zoning district. The city commission has determined that cash-in-lieu of land dedication is the default method to satisfy the requirements of 38.27.020.A within the B-3 zoning district. The approval authority of a development within the B-3 zoning district is as governed by 38.34.010 9. Building location and height The new residential structure is proposed to encroach into the required front yard setback approximately 17 feet necessitating a variance from Section 38.21.060.C.2, BMC. This section states 25-foot front yard or corner side yard shall be provided on all arterials designated in the city growth policy, except within the B-3 district. Mendenhall Street is defined as an arterial street according to the Greater Bozeman Area Transportation Plan, 2007 Update. The standard front yard setback in the B-2 District is seven (7) feet. The proposed height of 28 – 32 feet complies with the overall district restrictions of a maximum of 44 feet. 10. Setbacks The proposal complies with all applicable setbacks except for front yard setbacks with arterials. The Applicant requested a variance from this requirement. A full discussion on the criteria of evaluation for zoning variances is listed below in this section. Standard front yard setbacks in the B-2 Districts are 7 feet. The recently removed house was located approximately 7 feet from the property boundary. 106 Z14036, Staff Report Media Station CUP Page 17 of 29 11. Lighting No lighting details were provided with the application. Lighting details shall be provided with the final plan application/materials. Staff has cited code provisions that apply to these criteria. 12. Provisions for utilities, including efficient public services and facilities Extensions of water and sewer infrastructure are required with this project. Connection of the proposed building to existing mains will follow standard procedures and requirements. Any existing utility easements that will not be utilized with this development shall be released and reconveyed to match the proposed layout. 13. Site surface drainage The site drains to the existing perimeter streets and to the subdivision stormwater control system. The City Engineering Department has reviewed the surface drainage and stormwater provisions for the project. Onsite stormwater infrastructure improvements are not required. A final grading and drainage plan is required with the final plan application. Follow up stormwater permitting is required. 14. Loading and unloading areas No designated loading zone is provided or required for the proposed uses. 15. Grading Although there is a substantial grade change on the subject property, the location of the proposed construction will not require substantial site grading. 16. Signage No new signs or modifications are proposed to existing signs. Substantial sign and property history was provided with this application. This item is addressed under the advisory code citations. A formal sign permit is required before any sign installation or modifications. 17. Screening Any mechanical equipment not shown on the preliminary plan materials that may be proposed later must be screened per the municipal code. This item is addressed under code correction B. 18. Overlay district provisions Not applicable. The site is not located within an overlay district. 19. Other related matters, including relevant comment from affected parties Two public comments in support of the project have been received at this time. Both comments are attached to this report. 107 Z14036, Staff Report Media Station CUP Page 18 of 29 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. This site is on five lots. The underlying lots shall be aggregated through the applicable subdivision review process or easements or other agreements to which the City is a party shall be provided to prevent the sale of one of the lots to cause one or more elements of the development to be nonconforming. Condition 2 applies to this issue. 21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code. Not applicable. 22. Phasing of development No phasing is proposed. Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC E. In addition to the review criteria of Section 38.19.100, 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 site is adequate in size and topography to accommodate the use and the project relates to the other land and uses in the vicinity. Numerous configurations and uses are in the immediate vicinity. Staff incorporates the plan review findings presented above in Section 38.19.100 as supporting evidence. In addition, the Applicant provided substantial supportive narrative in the Applicant Submittal under Section 21. The Bozeman Municipal Code provides for one hundred percent (100%) lot coverage in the B-2 zoning designation this is exclusive of the setbacks, parking and required landscaping. This plan proposes lot coverage is less than 40 % typical used for residential type lots. 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 identified any hazards to the public health and safety and finds that the application generally complies with the Unified Development Code as conditioned. There is 108 Z14036, Staff Report Media Station CUP Page 19 of 29 adequate parking facilities, circulation, municipal services, and general improvement of the property. The Applicant provided additional support in the Applicant Submittal. Two letters of support have been received. Any additional public comment received after the completion of the 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 and correction of the identified code provisions, 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: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval and findings within this report. 109 Z14036, Staff Report Media Station CUP Page 20 of 29 F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final plan process and will be required prior to approval of the final plan. Items a and b of the advisory code provisions apply to this issue. A document to be recorded will be provided by the City following preliminary approval. Zoning Variance Review Criteria – Section 38.35.060 In acting on an application for a variance, the review authority shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written decisions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance: 1. Will not be contrary to and will serve the public interest; The previous building encroached further into the current setback than the proposed building. Based on the analysis provided in the applicant submittal the requested setback is less than the average along Mendenhall Street as shown on the image below. The Bozeman Community Plan encourages buildings to be placed closer to property lines in commercial and mixed use areas. In addition, data suggests buildings in close proximity to rights of way tend to produce a calming effect on vehicular traffic movement which in turn, may increase pedestrian comfort levels and promote multi-modal transportation furthering numerous City goals and objectives. The Applicant provided additional support of the granting the variance in the applicant submittal. 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: Mendenhall Street has developed over time following various regulatory frameworks as illustrated by the wide variety of building typologies, their placement on property and their use. The standard B-2 setback of appears to be more reflective of the development of the 110 Z14036, Staff Report Media Station CUP Page 21 of 29 area while the additional arterial street designation creates numerous non-conforming structures in the corridor. The Applicant provided a statement in support of the request in the applicant submittal attached to this report.” a. Hardship does not include difficulties arising from actions, or otherwise be self- imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and The analysis provided by the Applicant shows numerous properties on the Mendenhall Street corridor that do not currently meet the front yard setback requirements. The property owner’s intent is to redevelop and improve the property and continue its historical use. The proposal is to locate the residential structure eight (8) feet from the properly boundary. The standard B-2 setback requirement is seven (7) feet. b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; The original home was placed approximately 7 feet from the southern property boundary and later extended to the property boundary as show in the image below with the commercial 111 Z14036, Staff Report Media Station CUP Page 22 of 29 activities just behind the house. As the City grew Mendenhall Street was designated as an arterial street. Subsequently, regulations were adopted requiring a 25 foot front yard setback for structures adjacent to arterial streets. The quonset style building shown in the image below is set back approximately 42 feet from the front property line. In addition, the Applicant provided additional narrative in support of the variance request in the applicant submittal. 112 Z14036, Staff Report Media Station CUP Page 23 of 29 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; The Bozeman Community Plan designates this area as Community Commercial Mixed Use. This designation, in part, suggests mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. The proposed development appears to further this goal by improving the streetscape, encouraging pedestrian connections, and providing necessary residential space near the CBD while retaining the employment opportunities in the property. To further support the request the Applicant provided additional narrative stating in part that: “The spirit of the adopted growth policy promotes and encourages infill development and further investment inside the city of Bozeman. The need of the 25’ setback from Mendenhall is not needed and many of our standards promote the location of buildings close to our roadways along our streets to promote the pedestrian experience. Substantial justice will be observed when the good intensions of a clear objective of rebuilding a historic live work residence and work place is allowed to proceed.” 113 Z14036, Staff Report Media Station CUP Page 24 of 29 APPENDIX A –ADVISORY CODE CITATIONS The following code provisions are identified for informational purposes as the project moves forward. These will need to be addressed as part of the final plan application or other process step. 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. For your information, Code requirement. We will provide you with a document to record on the property following preliminary approval. 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 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. 114 Z14036, Staff Report Media Station CUP Page 25 of 29 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. For your information, Code requirement. c. Section 38.19.120, BMC requires the applicant to submit seven (7) copies of a final plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Community Development Department. This is the final step in the planning entitlement process. An application form and fee is required in addition to the final plan set submittal. d. Section 38.19.120.D BMC states that the project must be completed within one year of final approval, or said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an extension of one additional year from the Community Development Director. For your information, Code requirement. e. Section 38.19.120, BMC requires that the final site plan shall contain the materials required in 39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility rights-of-way or easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services; (4) Water; and (5) Sewer (sanitary, treated effluent and storm). The final plan submitted shall show the most recent version of public and private utility locations. f. Section 38.34.100.3, BMC states that a building permit shall be obtained within one year of final approval, or said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an extension of one additional year from the Community Development Director. For your information, Code requirement. g. Section 38.23.170, BMC discusses trash enclosures. Temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single- household dwellings, duplexes, individually owned town house or condo units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings unless alternative provisions are made to keep trash containers inside the garage in which case an explanation of how trash is dealt with shall be provided in the written narrative accompanying your final site plan. The size of the trash receptacle shall be appropriately sized for the use and approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosure, dimensions of the receptacle and enclosure and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 582-3238) prior to site plan approval. (e.g. written approval from local waste services for 115 Z14036, Staff Report Media Station CUP Page 26 of 29 the removal of solid waste and/or provisions for screening of collection areas shall be provided with the final site plan). Final approval of the trash storage location and/or off site easement location is required by the Sanitation Superintendent prior to final plan approval. h. Section 38.39.030 BMC requires that the applicant shall provide for private improvements certification by the architect, landscape architect, engineer and other applicable professionals that all improvement including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or other requirement elements were installed in accordance with the approved site plan, plans and specifications. This is required following construction and prior to occupancy of the building. i. Section 38.28.170, BMC – Historic or culturally significant signs. Any sign intended to be classified under this sections requires a request and further review by the City. For the applicant’s information, Code requirement. j. Pursuant to Section 38.25.020.E, BMC Parallel parking spaces shall be a minimum of 24 feet in length and seven feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing is not present. Any parallel parking spaces being counted towards minimum parking requires shall be show on the final plan. For the applicant’s information, Code k. Section 38.25.020.D BMC - Backing requirements. All required parking must have adequate back-up maneuverability as specified in Table 38.25.020. The aisle width calculation may incorporate the width of the public right-of-way. Except in the case of one- to four-household dwellings and individual townhouse-style units with individual garages, parking area design which requires backing into the public street is prohibited. With the exception of residential development, parking area design which requires backing into the public alley is prohibited. An exception to the prohibition to backing into the alley by nonresidential development may be granted by the review authority when function of the alley will not be impeded and when necessary due to local site conditions. For the applicant’s information, Code requirement. l. Section 38.28, BMC – Signs. If a sign requiring a permit under the provision of this article is to be placed, constructed, erected or modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the construction, placement, erection or modification of such a sign. For the applicant’s information, Code requirement. m. BMC Section 34.04.010 requires City standard sidewalk to 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. Any existing city sidewalk panels along Mendenhall Street and North 8th Avenue that are damaged shall be replaced. Impact Fees: The payment of all required Impact fees will be required prior to issuance of a building permit for the project. Information regarding current impact fee rates can be found on the City of Bozeman website at www.bozeman.net. 116 Z14036, Staff Report Media Station CUP Page 27 of 29 APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “B-2” (Community Commercial District). The intent of the B-2 community business district is “to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets.” Adopted Growth Policy Designation: The subject area falls within the Community Commercial Mixed Use designation. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 1015 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. 117 Z14036, Staff Report Media Station CUP Page 28 of 29 APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description A Preliminary Conditional Use Permit application to allow the construction of a two unit apartment building with residential uses on the ground floor, which is a conditional use in the B-2, Community Business zoning district, attached to the existing Media Station commercial buildings. As noted in the Applicant Submittal there is an extensive history to the commercial activities on the subject property. The residential structure that was recently removed was constructed in the early to mid 1940’s. The structure was located on the front yard property boundary as illustrated in the aerial image in Section 1 of this report. APPENDIX D – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Dailey Chronicle on March 23 and 30, 2014. In addition, notice was posted on site on March 20, 2014. Two public comments have been received at this time. Both comments were in support of the project and are attached to this report. APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Mr. Eric “Ole” Nelson, Media Station, Inc., 627 East Peach Street, Bozeman, MT 59715 Representative: Mr. Brian Caldwell, AIA, Thinktank Design Group, Inc., 33 North Black Avenue, Bozeman, MT 59715 Report By: Tom Rogers, Associate Planner Dustin Johnson, Development Review Engineer FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. ATTACHMENTS 118 Z14036, Staff Report Media Station CUP Page 29 of 29 The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Public comment letters Applicant’s submittal materials 119 Page 1 Appropriate Review Fee Submitted CITY OF BOZEMAN FEE APPLIES- $ DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s):9.Current Land Use(s): 10. Bozeman Community Plan Designation: 11. Gross Area:Acres: Square Feet: 12. Net Area:Acres: Square Feet: Media Station Live/Work Apartment Addition Media Station INC.ole@mediastation.biz 627 East Peach St. 406-580-9778 Thinktank Design Group INC. 33 North Black Ave. 406-587-3628 brian@thinktankaia.com 406-587-4659 SPRINGBROOK ADD, S12,T02 S,R05E,BLOCK 7, Lot 7-9 ,10 ,11,12 105 North 8th Ave. SEE APPLICATION. CUP /SITE PLAN W/ VARIANCE b-2 sign paint shop mixed use 20,967 13,975 same as owner 120 Page 2 (Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07, revised 11/14/11) 13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14 13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue 14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15 14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor 15. Will this application require a deviation(s)? Yes, list UDC section(s): No 16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application E. Special Temporary Use Permit T. Subdivision Preliminary Plat F. Sketch Plan/COA U. Subdivision Final Plat G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption H. Preliminary Site Plan/COA W. Annexation I. Preliminary Site Plan X. Zoning Map Amendment J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment K. Conditional Use Permit Z. Zoning Variance L. Conditional Use Permit/COA AA. Growth Policy Map Amendment M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment N. Administrative Interpretation Appeal Other: This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½- by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant’s Signature: Date: Applicant’s Signature: Date: Property Owner’s Signature: Date: Property Owner’s Signature: Date: x x x x x 121 SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board (DRB) Site Plan Review Thresholds Yes No 1. 20 or more dwelling units in a multiple household structure or structures 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or industrial space 3. 20,000 or more square feet of exterior storage of materials or goods 4. Parking for more than 90 vehicles B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1. Location map, including area within one-half mile of the site 2. List of names and addresses of property owners according to Chapter 38.40, BMC (Noticing) 3. A construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety 4. Boundary line of property with dimensions 5. Date of plan preparation and changes 6. North point indicator 7. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet 8. Parcel size(s) in gross acres and square feet 9. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use 10. Location, percentage of parcel(s) and total site, and square footage for the following: a. Existing and proposed buildings and structures b. Driveway and parking c. Open space and/or landscaped area, recreational use areas, public and semipublic land, parks, school sites, etc. d. Public street right-of-way 11. Total number, type and density per type of dwelling units, and total net and gross residential density and density per residential parcel 12. Detailed plan of all parking facilities, including circulation aisles, access drives, covered and uncovered bicycle parking, compact spaces, handicapped spaces and motorcycle parking, on- street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage of each Page 3 (Site Plan Checklist – Prepared 12/05/03; revised 9/22/04; revised 7/24/07, revised 11/14/11) x x x x x x x x x x x x x x x x x x x 122 Page 4 General Information, continued Yes No N/A 13. The information required by Section 38.41.060.L, BMC (Streets, Roads and Alleys), unless such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed, or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping 15. Building design information (on-site): a. Building heights and elevations of all exterior walls of the building(s) or structure(s) b. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or floodplain area c. Floor plans depicting location and dimensions of all proposed uses and activities 16. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review, a noxious weed control plan complying with Section 38.41.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 38.38, BMC (Supplementary Documents) 19. Stormwater Management Permit Application required C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way 4. Ingress and egress points 5. Traffic flow on-site 6. Traffic flow off-site 7. Utilities and utility rights-of-way or easements: a. Electric b. Natural gas c. Telephone, cable television and similar utilities d. Water e. Sewer (sanitary, treated effluent and storm) 8. Surface water, including: a. Holding ponds, streams and irrigation ditches b. Watercourses, water bodies and wetlands c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis d. A floodplain analysis report in compliance with Chapter 38.31, BMC (Bozeman Floodplain Regulations) if not previously provided with subdivision review x x x x x x x x x x x x x x x xx x xx x x x x 123 Page 5 Site Plan Information, continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the Engineering Department, or in compliance with B.M.C. Chapter 40 Article 4 storm drainage ordinance and best management practices manual adopted by the City 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway (where appropriate) b. The downstream conditions (developed, available drainageways, etc.) c. Any downstream restrictions 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including construction details and the applicant’s certification of ADA compliance 14. Fences and walls, including typical details 15. Exterior signs. Note – The review of signs in conjunction with this application is only review for compliance with Chapter 38.28, BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Permanent and construction period exterior refuse collection areas, including typical details 17. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 38.41.060.18, BMC (Lighting Plan), if not previously provided 18. Curb, asphalt section and drive approach construction details 19. Landscaping - detailed plan showing plantings, equipment, and other appropriate information as required in Section 38.41.100, BMC (Submittal Requirements for Landscaping Plans). If required, complete section C below 20. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species 21. Snow storage areas 22. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning Jurisdiction, within or near the development 23. Existing zoning within 200 feet of the site 24. Historic, cultural and archeological resources, describe and map any designated historic structures or districts, and archeological or cultural sites 25. Major public facilities, including schools, parks, trails, etc. 26. The information necessary to complete the determination of density change and parkland provision required by Chapter 38.27, BMC, unless such information was previously determined by the City to be inapplicable and written confirmation is provided to the applicant prior to submittal of a preliminary site plan application. If a new park will be created by the development, the park plan materials of Section 38.41.060.16, BMC shall be provided. 27. Describe how the site plan will satisfy any requirements of Article 8 Section 10, BMC (Affordable Housing) which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to Article 8 Section 10, BMC compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. x x x x x x x x x x x x x x x x x x x x x 124 Page 6 D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan: Landscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan 2. Location of existing boundary lines and dimensions of the lot 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name, street address, and lot and block description 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features 11. A description of proposed watering methods 12. Location of street vision triangles on the lot (if applicable) 13. Tabulation of points earned by the plan – see Section 38.26.060, BMC (Landscape Performance Standards) 14. Designated snow removal storage areas 15. Location of pavement, curbs, sidewalks and gutters 16. Show location of existing and/or proposed drainage facilities which are to be used for drainage control 17. Existing and proposed grade 18. Size of plantings at the time of installation and at maturity 19. Areas to be irrigated 20. Planting plan for watercourse buffers, per Section 38.23.100, BMC (Watercourse Setbacks), if not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls x x x x x x x x x x x x x x x x x x x x x 125 33 North Black Ave Bozeman, MT 59715 406-587-3628 Thinktankaia.com Media Station Live/Work Apartment Addition 811 W Mendenhall St. Bozeman, MT 59715 Date: 2-12-2014 Site Plan /CUP w/ Zoning Variance (setback) Summary of necessary entitlements: 1. Conditional Use Permit approval for residential development on the ground floor in a B-2 commercial district per Article 19 section 38.19.110 2. Variance approval for setback requirements of the residential structure adjacent to West Mendenhall Street, which is defined as a principle arterial in the most current adopted Transportation plan. Submittal materials per article 41 section 38.41.160 along with the written justification for said variance per article 35 section 38.35.060.C items 1,2,3 and 4. 3. Preliminary Site plan review process according to Article 19 sections 38.19.100 containing Site Plan submittal requirements Article 41 section 38.41.080 4. Final Site Plan review per Article 19 section 38.19.120 5. Submittal requirements for landscape plans per article 42 section 38.41.100 w/ ADR determination of the proposed private sculpture park with portions of the park located within the required front yard setbacks. 6. Request An exception to the prohibition to backing into the alley by nonresidential development may be granted by the review authority when function of the alley will not be impeded and when necessary due to local site conditions. Article 25, section 38.25.020 D It is the desire of the Community of Bozeman to increase the level of compliance with the provisions of the adopted growth policy and the Unified Development Code by encouraging maintenance and viability of the sites like this example located on the corner of North 8th and West Mendenhall. To this end, we are proposing the construction of a residential apartment building with two dwellings to replace the previous single family residence that occupied the site as of 12/20/2013. The proposed apartment building placement will bring the property further into zoning compliance in a number of ways. First, the previous building was a single family residence that is no longer an allowable use in the commercial zoning district. This new building will have two apartment dwelling units that complies with Article 10 section 38.10.020 as a principle use. Secondly, the previous building was located on the property line adjacent to West Mendenhall. The proposed building placement lessens the non- conformity by locating the structure 8 feet from the property line. 126 Media Station Live/Work Apartment Addition 2-12-2014 The history of this property dates back over 50 years of living and working at 105 North 8th Ave. Since 1945 the property has been developed into the sign shop that exists today. Media Station has continued the tradition of sign making at this address using the same methods past down from Rainbow signs dating back to 1945. The Subject property has an existing Commercial use as a sign paint shop per article 10 section 38.10.020. The unique aspect to this project is the connection to the past. History shows the relationship between living and working with the number of buildings added over the years. In keeping with the rich history of the site, the proposed site plan intends to further develop the existing residential single family residence building into a two residence apartment building. The proposed project is viewed as one building connecting the commercial use and the apartment building with an enclosed corridor and stair tower. The property consists of six (6) 25’ wide lots approximately 140’ deep with an alley access. The total area is 20,967 S.F. The property owner intends to sell two of the six lots to help finance the new addition. The remaining four lots ( 100’x 140’ ) total 13,975 s.f. in area. The applicant has taken the time to submit an informal review Application #I-13009 to seek the opinions of the zoning board and administrative review staff. The findings of the informal review are included in this application by reference and have provided needed direction for this application. We were told to wait until the new infill standards are created. This has not occurred. We were told to wait for the new artisan manufacturing designation would solve a problem that did not exist in the first place. Now we are told the building that was approved for demolition should not have been taken down because we cannot use this existing condition for our application. We feel the principles of the growth policies are not properly being represented by the planning department and are now forced to proceed with an expensive and cumbersome review process to develop this property. This is a good project for Bozeman and a much needed investment in this often neglected part of town. 127 Media Station Live/Work Apartment Addition 2-12-2014 Contents PROJECT DATA- Section 1 General information Section 2 Conformance with Growth Policy Section 3 Conformance with Zoning Regulations Section 4 Other Applicable review agencies Section 5 Relationship of Site Elements to adjacent properties Section 6 Traffic and Parking Section 7 Ingress and Egress Section 8 Landscape Section 9 Open space Section 10 Building Location and Height Section 11 Setbacks Section 12 Lighting Section 13 Utilities Section 14 Drainage and Storm water Management Section 15 Loading and Unloading Areas Section 16 Grading Section 17 Signage Section 18 Screening Section 19 Residential Apartment Building Design Section 20 Variance request Section 21 Conditional Use Permit Exhibits Growth Policy Overlay Zoning Map &Entryway Corridor Overlay Setback Diagram Planning Drawings - 8 sheets (Concepts, Site, Plans & Elevations) 128 Media Station Live/Work Apartment Addition 2-12-2014 Section 1: General Information Owner: Erik “Ole” W. Nelson at 811 W Mendenhall St. Bozeman, MT 59715 PROJECT DATA: Zoning – B-2 Overlay – OUTSIDE OF ALL OVERLAY DISTRICTS. CONVERSATION OVERLAY AND ANY ENTRY CORRIDORS OVERLAYS. Address- 811 W Mendenhall St. Gross lot area 13,975 S.F. Gross building foot (existing and proposed) 4,241 S.F. (30% coverage) Building Areas (Connected additions) Building 1- office space and sign painting 958 S.F. (1 floor) Building 2- steel fabrication shop 1,152 S.F. (1 floor) Building 3- Quonset hut style fab & paint booth (w/ storage on second floor) 1,435 S.F. (2 floors) Building 4- existing house demolished on 12-2013 1,174 S.F. (demo) Building 5- proposed apartment building w/ 2 stall garage (attached) 2,321 S.F. (new) Total area – Commercial and proposed residential 5,866 S.F. Total Area of commercial uses 3,545 S.F. Office space 200 S.F. Sign painting 758 S.F. Manufacturing /Metal fabrication / paint shop area 1,872 S.F. Storage 715 S.F. Total Area of Residential uses 2,321 S.F.* Garage (two stall connected) 576 S.F. Unit 1 915 S.F. Unit 2 620 S.F. Stairs and circulation 209 S.F. (*decks and patios not included in area calc.) Building Setbacks: Code PROPOSED Front (N 7th) 7’ 10’ 8” Front (Mendenhall) 25’ 8’ Rear 10’ 10’ Side(north) 5’ 33’-8” Side (corner front ) see Mendenhall front yard Building Height: Code Proposed 38-44’ 28’ – 32’ 129 Media Station Live/Work Apartment Addition 2-12-2014 Parking requirements: Residential Parking –one (1) two-bedroom dwelling units (Table 38.25.040-1) = 2 spaces - One (1) one bedroom dwelling unit = 1.50 spaces Total residential parking spaces required prior to mix use reductions= 3.50 spaces Manufacturing and Industrial uses 1/1000 s.f. (2630 s.f. / 1000 s.f.)= 2.63 spaces Offices 1 per 250 s.f. (200 s.f. area / 250 s.f.) = 0.80 spaces Storage and other optional deductions exempt from parking (715 s.f.) = 0.00 spaces Total commercial parking spaces required 3.43 spaces Grand total of required parking spaces (section 38.25.040 A) 6.93 spaces= 6 spaces Parking provided: 7 spaces One (1) ADA van Accessible space on North 7th directly in front of office show room Two(2) covered parking spaces, one (1)space for each dwelling unit Two(2) uncovered parking spaces, located on street one (1)space for each dwelling unit 38.25.040A.1.a(1) Two(2) surface parking spaces per section 38.25.020 with the request to allow backing onto the alley per section 38.25.020.D 130 Media Station Live/Work Apartment Addition 2-12-2014 Section 2: Conformance with growth policy Growth policy designation: from the Bozeman 2020 Community Plan See diagram 1.0 growth policy map Community commercial mixed use: Both of these uses are proposed for this site and are intended to fulfill the support of the urban environment indicated by the plan. Adjacent: North- residential East- mixed use retail / residential South – regional commercial West- pawn shop / retail Section 3: Conformance with the Bozeman Municipal Code as of 1-2-14 Zoning Designation: The Zoning designation for the property is B-2.The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Portions of this projects property exist at the edge of Class 1 Entryway Corridors but are not included in any district see diagram 2.0 This application allows for the mix of uses while encouraging the redevelopment of this existing site. Every commercial activity in the entire city relies on Media Stations expertise and fine craftsmanship in the design and manufacturing of signs and other related marketing signage. Our longest existing sign paint shop in town clearly supports all types of retail interests in all of the commercial districts. 131 Media Station Live/Work Apartment Addition 2-12-2014 Proposed and authorized uses as per Sec.38.12.020 The proposed use of the site is mixed use residential and light manufacturing / sign paint shop and fits well with the underlying zoning. The uses of the site as sign paint shop is listed as “permitted” in the table of commercial uses Sec. 38.10.020 table 38.10.020. Uses proposed or intended for the residential apartments on upper level is permitted, however the residential use on the ground floor will have to receive a special conditional use permit as part of this application. See section 21 of this application to address the requirements of Article 19 section 38.19.110 Lot coverage and floor area as per Sec. 38.10.030 The Bozeman Municipal Code provides for one hundred percent (100%) lot coverage in the B-2 zoning designation this is exclusive of the setbacks, parking and required landscaping. As for the determination of the adequacy of the site in consideration of the conditional use request for the residential use on the ground floor, the lot coverage is less than 40 % typical used for residential type lots. For specifics on the landscaping and aesthetic qualities of the project see Section 8 & 19. The scale and area of this project has no bearing on the approval of this application. The parking regulates the number of bedrooms. The size and shape of the building and rooms within are not subject to any potions of the UDO for design character or size limitations other than height. We have a modest budget that will control the size of the residential addition. We have included our design to help show our plans for the property but expect the basis of approval to be focused on the historic use as a live work property and the fact that a residence existed at the same location. Lot Area and Width as per Sec. 38.10.040 The subject property lots are not “newly Created”, yet they satisfy Lot area and width. B-2 zoned properties does not have a minimum lot area requirement per 38.10.040A.2. The lot has approximately 140’ of frontage facing West Mendenhall, approximately 100’ facing North 7th, excess of the 100’ foot limit set forth in Sec. 38.10.040.B.2 Yards and Setbacks as per Sec. 38.10.050 The proposed setbacks for the project meets or exceed the limits set forth by the Bozeman Municipal Code excepting the arterial requirements along West Mendenhall. The setback proposed along Mendenhall would be acceptable at 8’ if West Mendenhall was not considered an Arterial street. During all of our discussions with ADR staff, the need for West Medenhall as an arterial street seems unnecessary and no longer needed in the future. The road dead ends into the high school. The likelihood of a multi-lane street section to be built from North 7th to the high school is slim to none. We would like to point out that the approvals at the old Safeway did not include removing the back 25’ of the building during their site plan review. All of the adjoining properties very from no setback at the old Safeway site to setbacks more similar with our application. We feel a variance request is justified. The property had a pre-existing, non-conforming single family residence on the property line as of 12/20/2013. Given the property sits outside of any overlay or conservation district, the property owner submitted and was approved a demolition permit in an attempt to make this project proceed. The 132 Media Station Live/Work Apartment Addition 2-12-2014 applicant had no idea that the plan review would be an issue with proceeding two months in advance of this site plan submittal. The proposed design brings the property more into compliance and is in keeping with the surrounding area relative to setbacks in the area. Please see section 20 within this application. See section 1 for general information regarding setbacks. Proposed Building Heights per Sec. 38.12.060 The maximum building height allowed in the B-2 zoning district is Roof pitch less than 3:12: 38 feet / Roof pitch 3:12 or greater: 44 feet .All proposed buildings will be under this limit. The proposed building is a maximum of 32’ in height of the corner of 8th and Mendenhall. For specifics on the heights, elevations, and aesthetic qualities of the project see Section 19 Section 4: Other applicable laws and ordinances Laws, ordinances, and regulations governing this project and its uses will be followed. There are not any specific ordinances or laws that relate to this project that have not been covered through the Bozeman Municipal Code or will not be covered during the review process against the International Building Code at the City of Bozeman Building department. The project does not exist within any overlay districts and are not subject to any additional standards or other types of regulations. Section 5: Relationship of the Site elements both on and off the property A. Compatibility with adjacent properties. All of the buildings along the North side of Mendhall are residential in charter or houses of worship, not including the pawn shop. Our proposed residential addition will be unique in the fact that the design is flexible and could be used in a commercial use in the future as well as the proposed residential use today. B. Integration with community and neighbors. This historic site predates most all of the buildings that currently surround this subject property. The proposed residential design is more complaint with the current UDO than the existing house this project seeks to replace. C. Harmony with existing natural features and aesthetics The significant natural features on the site is the history of the live/work relationship the property has enjoyed of over 68 years. The site slopes from East to West with a drop of about 8 feet over 140 feet. The project harmonizes with this natural feature by stepping the building masses from east to west. This allows for a mix of building heights that expresses each addition over time. See section 19 for further information on aesthetics and character of the facility. D. Historic elements present on the site The historic use of the property was as the same in 1945 as our proposal today. Not many applications can make this claim. It is inserting on the amount of information required of this project to continue the tradition of this place. 133 Media Station Live/Work Apartment Addition 2-12-2014 Section 6: Traffic and Parking See attachment for site plan and parking lot design. All vehicular access occurs on the alley along the western edge of the site and van accessible ADA parking at the entryway of the office along North 8th .There is no vehicular access nor any proposed street access to West Mendenhall. As allowed by code, we have requested non-residential backing into the alley along the west edge of the subject property. The site plan shows how the adjoining alley will not be adversely affected by non- residential backing into the adjacent alley. The Pawn shop has improved asphalt paving along the entire edge of the alley that will allow for a wider than typical alley width for safe vehicular movements. Per section 38.25.020 with the request to allow backing onto the alley per section 38.25.020.D Section 7: Pedestrian & Vehicular access Pedestrian: It is anticipated that the uses proposed for the project will generate very little pedestrian activity. However in an effort to maintain strong connectivity in the event pedestrian activity does occur sidewalks have already been placed along the portions of the property fronting public streets. Vehicular: Access to the project is obtained from both North 8th and West Mendenhall. The Primary access to the site is the alley running north south at the western edge of the site. See site plan for layout and configuration 134 Media Station Live/Work Apartment Addition 2-12-2014 Section 8: Landscape Provisions All landscape plans must comply with the mandatory landscape provisions in section 38.26.050 generally acceptable plant materials shall be those identified as hardy in Zones 1 through 4. The characteristics of the zones are described in The Western Garden Book, Sunset Publishing Corporation, 1995. Alternatives may be considered upon a case-by-case basis. However, in the case of street frontage landscaping as required in subsection E of this section, acceptable tree species shall be limited to those approved by the city forestry division. Permanent irrigation systems shall be provided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure. All irrigation systems and landscaped areas shall be designed, constructed, operated and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking areas In addition, all landscape plans must earn a minimum number of points as specified in section 38.26.060. Points are awarded for specified landscape features and elements based upon their relative value or merit. The alternatives for achieving the minimum points needed for approval are provided in section 38.26.060. 23 points are required per Table 38.26.060-1. Additional screening requirements. The site plan or other approval authority require additional screening when it is determined to be in the best interest of the affected properties as is the case in this application. This proposal includes screening fencing from the alley along the entire northern property line until the front yard setback along north 8th. This screening will provide cover for the proposed parking area and the side yard storage along the north side of the existing building. The proposed landscape improvements are as follows. 1. One large canopy tree and one planning group of 3 evergreen shrubs and 3 desirous shrubs. within 20 feet of the proposed parking. This is satisfied with the existing tree growing out of the corner of the Quonset hut and the proposed panting grouping in column B table 38.26.060-2 2. Street frontage landscaping one large canopy per 50’ of frontage. We have 240 feet of frontage. This is satisfied with 5 boulevard trees. The proposed deciduous trees shall have a minimum caliper of 1.5 inches to two inches. Three along Mendenhall and two along North 8th. Street trees will meet the arboricultural specifications and standards of chapter 16, article V, division 3. Excepting any ash trees. Ash trees are listed in the pamphlet butt are not allowed due to a bug from Detroit. True story. 135 Media Station Live/Work Apartment Addition 2-12-2014 Points earned. 1. One point for the existing 6: caliper tree located in the parking area section 38.26.060.B.1.d 2. Five points for landscaping front yard frontage on North 8th ave. two(2) planting groups from both columns A and B 3. Five points because the building is located on the site so that 50 percent or more of the street facade of the building is within a distance of three feet or less from the required front building line, i.e., front yard setback line, as defined in article 42 of this chapter; 4. Five points for the proposed minimum of 45 cubic feet of original, freestanding, permanent sculpture which is integrated with other landscaping. 5. Ten points for all surface parking lots, as defined in article 42 of this chapter on the building site is landscaped in accordance with this subsection D in addition to that landscaping required in section 38.26.050 Total number of points provided is equal to 26 points. Section 9: Open space There are two open spaces for this project given the residential component of the project. Applicability to site plans. The open space complies with the provisions as stated in article 27, section 38.27.020. Park land dedication per Section 38.27.020.A.2, shall not apply to subsequent site plan development located within major subdivisions which received preliminary plat approval after July 1, 1973, and which received final plat approval prior to October 1, 2005. Private individual balconies shall have minimum dimensions of six feet by six feet. The proposed roof deck shall be 608 s.f. in area .The proposed dimension of the roof deck is 16’ x38’. In compliance with article 27 section 38.27.020 E.4 Section 10: Building Locations and Heights The location of the building proposed is further the compliance with the required setback by setting back 8’ further than the existing residential structure removed on 12-20-2013. The proposed building location increases the amount of compliance with the zoning code regulations. The proposed building location setbacks are per section 1 General Information, Section 3 Conformance with the Bozeman Municipal Code, and Section 11 Setbacks within this application. Building Height: Code / Proposed 38-44’ / 28’ – 32’ 136 Media Station Live/Work Apartment Addition 2-12-2014 Section 11: Setbacks Yards and Setbacks as per Sec. 38.10.050 The proposed setbacks for the project meets or exceed the limits set forth by the Bozeman Municipal Code excepting the arterial requirements along West Mendenhall. The setback proposed along Mendenhall would be acceptable at 8’ if West Mendenhall was not considered an Arterial street. During all of our discussions with ADR staff, the need for West Medenhall as an arterial street seems unnecessary and no longer needed in the future. The road dead ends into the high school. The likelihood of a multi-lane street section to be built from North 7th to the high school is slim to none. We would like to point out that the approvals at the old Safeway did not include removing the back 25’ of the building during their site plan review. All of the adjoining properties very from no setback at the old Safeway site to setbacks more similar with our application. We feel a variance request is justified. The property had a pre-existing, non-conforming single family residence on the property line as of 12/20/2013. Given the property sits outside of any overlay or conservation district, the property owner submitted and was approved a demolition permit in an attempt to make this project proceed. The applicant had no idea that the plan review would be an issue with proceeding two months in advance of this site plan submittal. The proposed design brings the property more into compliance and is in keeping with the surrounding area relative to setbacks in the area. Please see section 20 Variance Request within this application. See Section 1 for General Information regarding setbacks. Building Setbacks: Code PROPOSED Front (N 7th) 7’ 10’ 8” Front (Mendenhall) 25’ 8’ Rear 10’ 10’ Side(north) 5’ 33’-8” Side (corner front ) see Mendenhall front yard Section 12: Lighting All site lighting and security lighting for the project meets the requirements set forth in the Lighting Sec.38.23.150 of the Bozeman Municipal Code. Refer to the landscape plan and building plans for specific locations. Refer to the cut sheets provided for specifics of the lighting fixtures and outputs. Cut sheets will be provided with the final site plan. 137 Media Station Live/Work Apartment Addition 2-12-2014 Section 13: Utilities See exhibit “EXISTING SITE PLAN SURVEY” A. Water service Existing, separately metered water service lines exist for the existing commercial set of buildings as well as a separately metered water service for the residential building demolished. See notes 1 and 2 on s B. Sewer Service All sewer services are existing and will be reconnected. Sewer service is provided along the east side of the subject property located in the R.O.W. of North 8th Ave. C. Fire Service NA D. LP-Gas Service Existing as shown on the survey provided. E. Electric Service The electric service will connect to the Overhead power already located along the alley. See Site Plan for location and layout. F. Data and Voice Overhead phone is already provided. Section 14: Drainage and Storm Water Management Two storm water retention basins are proposed in the North West corner and southwest corner of the site . Section 15: Loading and Unloading areas Loading and unloading areas for the manufacturing that occurs as part of the process of fabricating signs occurs to the rear of the site. . Section 16: Grading The site slopes from East to West with a drop of about 8 feet over 140 feet. The project harmonizes with this natural feature by stepping the building masses from east to west. This allows for a mix of building heights that expresses each addition over time. The proposal includes a graded area cutting existing grade down to match the finish floor of the proposed design to the east of the residential potion of the building. Section 17: Signage 138 Media Station Live/Work Apartment Addition 2-12-2014 No new signage is proposed at this time. The applicant deems the historic signs from the past as sculpture and is included as part of the landscape provisions. Section 18: Screening Outdoor Storage: Fencing is proposed along the northern boundary of “lot 9 “separating the future lot to the north from the existing commercial activity of the Media Station. The proposed fence shall comply with article 23 section 38.23.130 Trash enclosures: Not required. Exception. A garbage enclosure is not required for dumpsters accessed via an alley title 23 section 38.23.170 A.3 Off Street loading and unloading Facilities: The off street loading and unloading facilities for the small commercial use is incidental and does not require provisions of article 23 section 38.23.140.storage portion of the project is screened behind an opaque wall or fence that is a maximum of six feet in height. This provision is not required per Sec. 38.26.050.C.2.a.2 Utilities: The only roof top mechanical equipment is the vent stacks for the existing heating systems. They are painted to not be visually distracting. All other utilities are within the areas screened by the proposed fencing. Section 19: Overlay district Provisions Class I Entryway corridor - not applicable – Conservation overlay – not applicable – Section 20 Variance Request Variance approval for setback requirements of the residential structure adjacent to West Mendenhall Street, which is defined as a principle arterial in the most current adopted Transportation plan. Submittal materials per article 41 section 38.41.160 along with the written justification for said variance per article 35 section 38.35.060.C items 1,2,3 and 4. This application for a variance is accompanied by the proposed development plan showing such information as the planning director may reasonably require for purposes of this chapter. The plans shall contain sufficient information for the commission to make a proper decision on the matter. The request shall state the exceptional physical conditions and the peculiar and practical difficulties 139 Media Station Live/Work Apartment Addition 2-12-2014 claimed as a basis for a variance. In all cases, the application shall include, and shall not be deemed filed until all of the following is submitted: 1.Name and address of the applicant; Erik “Ole” W. Nelson at 811 W Mendenhall St.. Bozeman, MT 59715 2.The legal description of the property involved in the request for variance, including the street address, if any, of the property; 811 W Mendenhall St. Bozeman, MT 59715 A tract of land being lots 7 though lots 12, Block 7, Spring Brook Addition to Bozeman located in the NE1/4 section 12, Township 2 south, Range 5 east, Principle Meridian of Montana City of Bozeman, Gallatin County , Montana. 3.The names and addresses of the owners of the property and any other persons having a legal interest therein; Erik “ Ole” W. Nelson 4.List of names and addresses of property owners within 150* feet of the site, using the last declared county real estate tax records; See attached list per article 40 section 38.40.030 table 38.40.030 . Please note the incorrect noticing distance within the UDO. *We recommend property referencing the correct distance in the requirements stated in article 41 section 38.41.160 200’ per Table 38.40.030 5.Stamped, unsealed envelopes addressed with names of above property owners; See attachments 6.A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable; See attachments 7.Location of all existing and proposed buildings; See attachments 8.Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as applicable; See attachments 9. A clear description of the variance requested and the reasons for the request; See sections 1,11 above 10.Justification, in writing of section 38.35.060.C.1, 2, 3 and, when applicable, 4 (item 4 not applicable due to existing outside of any flood area ); Section 38.35.060.C -Criteria for consideration and decision. In acting on an application for a variance, the review authority shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written decisions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance: 140 Media Station Live/Work Apartment Addition 2-12-2014 1. Will not be contrary to and will serve the public interest; Written answer: The existing structure footprint was located on public right of way. We are reconstructing the proposed building to adhere to the zoning standards for B-2. The public interest will be served by the proposed building placement .The proposed reconstruction is set back in a way to further the compliance of the zoning standard for setbacks. The setback of 7’ serves the public interest in other locations with the same zoning. Only due to the potential need of more traffic lanes would the transportation setback be in the public’s interest. The public’s interest for a road section requiring additional street right of way would be contrary given that 75% of the properties along Mendenhall would be effected in addition to waste of public resources for a un-warranted street section that dead ends into the High school that just invested 42 million dollars. Unlikely that the high school will be abandoned to allow the atrial street to extend. The public’s interest most recently wants the road to become more pedestrian friendly, converting Mendenhall to two way traffic in an effort to slow traffic speeds and promote a pedestrian friendly street section. The public’s interest is not served by widening the street by adding additional traffic lanes. This application serves the public interest by utilizing existing public services for this location and furthering the desire for a pedestrian friendly built environment. 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: Written answer: There are existing public services for this location and will allow for connections to existing water and sewer services. The existing structure footprint was located on public right of way. We are reconstructing the proposed building to adhere to the zoning standards for B-2. To avoid an unnecessary hardship given the 75% of the properties studied along the Mendenhall corridor ( see application) exist within the recommended setback distance of 25’ per the transportation plan, isolating this property would lead to an undue hardship unique to this property. Many of the properties within the study area have recently received site plan review without the literal enforcement of the setback standard. a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and Written answer: The hardship exists for all property owners along the Mendenhall corridor. The existing residential building predated zoning regulations and are the result of actions outside the owner’s control. 141 Media Station Live/Work Apartment Addition 2-12-2014 b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; Written answer: The code provides for Non-Conforming structures to be expanded or otherwise maintained at their current location per Article 32 of the UDO. Prior to the demolition of the existing, non-conforming structure, the applicant submitted an application specifically asked the governmental representative if the removal of the existing structure would impact his proposed site redevelopment. The applicant submitted an informal review and was not advised in regard to the necessity to keep portions of the existing building to avoid an unnecessary variance request. The hardship comes from miscommunication during the review process about the existing structure and the ability to rebuild per article 32. Sections 38.32.010, section 38.32.050. This governmental interoperations was outside of the applicant’s control. This misunderstanding has triggered the necessity of a zoning variance. Otherwise, the application would be handled as a sketch plan review without the added time, expense and review of the COA, variance and full site plan review currently presented in this application. 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; Written answer: The spirit of the adopted growth policy promotes and encourages infill development and further investment inside the city of Bozeman. The need of the 25’ setback from Mendenhall is not needed and many of our standards promote the location of buildings close to our roadways along our streets to promote the pedestrian experience. Substantial justice will be observed when the good intensions of a clear objective of rebuilding a historic live work residence and work place is allowed to proceed. 4. In addition to the criteria specified above, in the case of a variance relating to the flood hazard provisions of article 31 of this chapter: 11.Evidence satisfactory to the review authority of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of permit; and 12. Required filing fee. *To be confirmed at the time of submittal A. Per item P $1,300 Plus $200 in advertising for zoning variance 142 Media Station Live/Work Apartment Addition 2-12-2014 Subtotal for item P $1,500 C. Item I Preliminary Site Plan $500 plus $100 Plus $200 Subtotal $800 D. Item L Final Site Plan $500 plus $50 plus $20 plus $50 Plus $200 Subtotal $820 Total amount of fees $3,120 * Section 21 Conditional Use Permit 6. Conditional Use Permit approval for residential development on the ground floor in a B-2 commercial district per Article 19 section 38.19.110 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; Response: The Bozeman Municipal Code provides for one hundred percent (100%) lot coverage in the B-2 zoning designation this is exclusive of the setbacks, parking and required landscaping. As for the determination of the adequacy of the site in consideration of the conditional use request for the residential use on the ground floor, the lot coverage is less than 40 % typical used for residential type lots. For specifics on the landscaping and aesthetic qualities of the project see Section 8 & 19. The scale and area of this project has no bearing on the approval of this application. The parking regulates the number of bedrooms. The size and shape of the building and rooms within are not subject to any potions of the UDO for design character or size limitations other than height. We have a modest budget that will control the size of the residential addition. We have included our design to help show our plans for the property but expect the basis of approval to be focused on the historic use as a live work property and the fact that a residence existed at the same location. 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; Response: The only material affect will be a positive one. Given the improvements from the proposed landscaping, fencing and screening from residential 143 Media Station Live/Work Apartment Addition 2-12-2014 adjacency, to value of this property along with the adjoining properties will increase. The proposed design is intentionally a building type that could be utilized as a commercial use in the future. Given the layout and design off the residential parking and ground floor living spaces, the open plan could be used by a number of allowable uses with the B-2 zoning district. The character of the design is more of a commercial district feel than a residential one. 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: a. Regulation of use; Response: as a residence, the use is typical with no need to add any additional conditions. b. Special yards, spaces and buffers; Response. Already provided as part of the landscape improvements in section 8 within this application c. Special fences, solid fences and walls; Response. Provided in the landscape plan section 8 d. Surfacing of parking areas; Response. Parking areas per article 25 section 38.25.020 e. Requiring street, service road or alley dedications and improvements or appropriate bonds; Response. Not applicable. f. Regulation of points of vehicular ingress and egress; Response. No new points of vehicular ingress and egress provided. g. Regulation of signs; Response. No new signs proposed h. Requiring maintenance of the grounds; Response. Please see section 8 for a list of landscape improvements i. Regulation of noise, vibrations and odors; Response. Not applicable. j. Regulation of hours for certain activities; Response. Not applicable. k. Time period within which the proposed use shall be developed; Response. 24 /7 as a residence. l. Duration of use; Response. 24 /7 as a residence. m. Requiring the dedication of access rights; and Response. Not applicable. n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. 144 Media Station Live/Work Apartment Addition 2-12-2014 Response. Not applicable. 145 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::02, 04, 2014 :: Media Station Live/Work Apartment Addition 105 North 8 th Ave. Bozeman, MT 59715 PERSPECTIVE VIEW FROM THE CORNER OF MENDENHALL AND NORTH 7TH 146 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::MONTH, DD YYYY :: PROJECT TITLE :: Project Location :: 01 SOUTH ELEVATION SCALE: 1" = 10'-0" WEST ELEVATION SCALE: 1" = 10'-0" 147 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::NORTH ELEVATION SCALE: 1" = 10'-0" EAST ELEVATION SCALE: 1" = 10'-0" 02148 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::PHOTO #2 PHOTO #1 DATE OF PHOTO EXISTING SINGLE FAMILY HOUSE BACK SIDE OF HOUSE SHOP SHOP EXISTING HOUSE 12/10/2013 SHOP SHOP BUILDING #3 SHOP BUILDING #2 SHOP BUILDING #1 FOOTPRINT OF OLD HOUSE TREES REMOVED 03149 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::WATER , SEWER , UTILITY PLAN 04150 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::PROPOSED LOT LINES 05151 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::SCALE 1" = 50' 1 FOOT CONTOURS 06152 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::10' 3"14' 8"EXISTING FRONT YARD SETBACK : RANGING FROM 0" - 11'2" PROPOSED FRONT YARD SETBACK : RANGING FROM 10' 3" - 14'8" 07153 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::OF THE 46 STRUCTURES SHOWN IN THIS AREA MAP ALLONG MENDENHALL, 38 STRCUTURES DO NOT COMPLY WITH THE 25 SETBACK STANDARD. THE BLOCK WEST OF THE SUBJECT PROPERTY HAS A AVERAGE SETBACK OF 8.75' THE OLD SAFEWAY WAS APROVED WITH A 1' SETBACK. 08154 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::PRIVATE SCULPTURE PARK HISTORIC ENTRY WAY AWNING 09155 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::TWO SPACES FOR SHOP WORKERS ACCROSS FROM THE PAWN SHOPTWO COVERED SPACES UNDER THE APARTMENTS SCREENED BY GRADE AND LANDSCAPE TWO SPACES ON THE STREET ADA ACCESS FROM NORTH 8TH PARKING MADE EASY 10156 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::LOWER COURTYARD APRTMENTS OVER COVERED PARKING STAIR CONNECTION TO EXISTING SHOP RECYCLED STEEL 2' PAINTED PANELS SHIPPING CONTAINER ROOF DECK 11157 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::LANDSCAPE POINTS 26 10 POINTS FOR PARKING AREA LANDSCAPE 5 POINTS FOR SCULPTURE TWO PANTING GROUPS FROM COLUMNS A & b PARKING LANDSCAPINGEXISTING TREE 1 POINT POINTS FOR BUILDING PLACEMENT 5 POINTS STREET FRONTAGE TREES 5 IN TOTAL 5 POINTS 12158 :: MEDIA STATION LIVE/WORK APARTMENT ADDITION:: THINKTANK DESIGN GROUP INC.:: 33 NORTH BLACK AVE., :: BOZEMAN, MT 59715 :: feb. 5, 2014 ::13 KITCHEN PERSPECTIVE WOOD BURNING FIREPLACE 159 UPUP17 SF1/2 bath126 SFkitchen30 SFSTAIRS527 SFliving room87 SFstorage unit a87 SFstorage unit b288 SFPARKING AREA UNIT A288 SFPARKING AREA UNIT BCL26' - 0"20' - 0"958 SFBUILDING 11152 SFBUILDING 2734 SFBUILDING 3Schema 1 Legend1/2 bathBUILDING 1BUILDING 2BUILDING 3kitchenliving roomPARKING AREA UNIT APARKING AREA UNIT BSTAIRSstorage unit astorage unit b21' - 10"20' - 0 15/16"28' - 10 3/4"8' - 6"24' - 2 3/8"23' - 10 3/8"8' - 0 5/16"15' - 10 27/32"4' - 2 5/32"7' - 5 9/16"3' - 10 3/8"12' - 1 9/32"15' - 10 11/16"16' - 8 29/32"10' - 2 7/16"10' - 4 21/32"23' - 11 5/8"31' - 3 1/4"48' - 0 3/4"39' - 11 1/2"DOOR CONNECTING8' - 7 1/4"SUBMITTAL DATEPROJECT NUMBERREVIEWED BYDRAWN BYSHEET NUMBERPLOT DATE AND TIME: FILE LOCATION:PROJECT STATUS:THINKTANK AIA © 2013WARNING: IF MARKS DO NOT MEASURE 6" FROM END TO END AND 1" IN BETWEEN, THEN DRAWING IS NOT TO SCALE. DO NOT SCALE DRAWINGS. USE ONLY PROVIDED DIMENSIONS33 NORTH BLACK AVE.BOZEMAN, MT 59715P.406.587.3628 / F. 406.587.4659WWW.THINKTANKAIA.COM3/4/2014 12:54:37 PMK:\Media Station - Architecture\acad exports\Project2.rvtA-101MEDIA STATION LIVE/WORKAPARTMENT ADDITIONPLANSENBC3-4-2014REVISION SCHEDULENO. REV. DATE 1/8" = 1'-0"1FIRST FLOOR160 451 SFUNIT A491 SFUNIT BSchema 1 LegendUNIT AUNIT BUPPER ROOF DECKOPEN TO BELOW583 SFUPPER ROOF DECKSUBMITTAL DATEPROJECT NUMBERREVIEWED BYDRAWN BYSHEET NUMBERPLOT DATE AND TIME: FILE LOCATION:PROJECT STATUS:THINKTANK AIA © 2013WARNING: IF MARKS DO NOT MEASURE 6" FROM END TO END AND 1" IN BETWEEN, THEN DRAWING IS NOT TO SCALE. DO NOT SCALE DRAWINGS. USE ONLY PROVIDED DIMENSIONS33 NORTH BLACK AVE.BOZEMAN, MT 59715P.406.587.3628 / F. 406.587.4659WWW.THINKTANKAIA.COM3/4/2014 12:54:40 PMK:\Media Station - Architecture\acad exports\Project2.rvtA-102MEDIA STATION LIVE/WORKAPARTMENT ADDITIONPLANSCheckerAuthor3-4-2014REVISION SCHEDULENO. REV. DATE 1/8" = 1'-0"1UPPER FLOOR PLAN161 UPUP8' - 6"3' - 0"CL27' - 6"20' - 0"CLCL5' - 6"EXISTING TREEGROUP AGROUP BBOULEVARD TREEGROUP AGROUP BBOULEVARD TREEGROUP AGROUP BGROU A & BBOULEVARD TREESNEW POWER POLERELOCATE OVERHEAD POWERTWO(2) PARKING SPACESEXISTING BUILDINGSNEW ADA SPACESUBMITTAL DATEPROJECT NUMBERREVIEWED BYDRAWN BYSHEET NUMBERPLOT DATE AND TIME: FILE LOCATION:PROJECT STATUS:THINKTANK AIA © 2013WARNING: IF MARKS DO NOT MEASURE 6" FROM END TO END AND 1" IN BETWEEN, THEN DRAWING IS NOT TO SCALE. DO NOT SCALE DRAWINGS. USE ONLY PROVIDED DIMENSIONS33 NORTH BLACK AVE.BOZEMAN, MT 59715P.406.587.3628 / F. 406.587.4659WWW.THINKTANKAIA.COM3/4/2014 12:54:45 PMK:\Media Station - Architecture\acad exports\Project2.rvtC-101MEDIA STATION LIVE/WORKAPARTMENT ADDITIONSITE PLANCheckerAuthor3-4-2014REVISION SCHEDULENO. REV. DATE 1" = 20'-0"1SITE PLAN - 1162 33 North Black Bozeman, MT 59715 406-587-3628 brian@thinktankaia.com RE: Media Station Live / Work Apartments TO: Tom Rodgers, Project Planner, City of Bozeman FROM: Thinktank Design Group Inc. Erik R Nelson, AIA; Ma. Architecture; BA. Environmental Design Brian T Caldwell, AIA , NCARB, APA Ma. Architecture; BA. Environmental Design Date: 03/12/2014 To Whom it may concern, During the second week review by the Design review committee, the applicant for the Media Station live/work apartment project was put on notice that the existing building roof mounted sign would need to be removed. Two important facts are needed to be made at this point. First, we are not making any changes to the existing building. per Section 38.28.200 E.1 “Any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided below, until all signs on the lot are brought into conformance with this article. The exceptions listed below do not apply to off-premises signs. “ 1.Any site modification reviewed only as a permit type described in section 38.19.060, 38.19.070, 38.19.080, 38.19.130, or 38.19.140 Secondly, this location has been ignored of its historic and cultural relevance and we will not stand idle while the historic uses and living arrangements that date back to before the second world war be discredited by onerous review and regulation. Per Sec. 38.28.170. Historic or culturally significant signs, we are requesting the city commission adopt findings supporting this project as a whole in addition to the roof mounted sign. The sign in question has significant historical and cultural value for the city of Bozeman. The following information outlines the life of one Gordon T. Obie. Starting with a trap line producing weasels and muskrats, Gordon has served his country and lived the American Dream. Starting in Bozeman, at the subject property, Gordon turned this hard earned humble beginnings into a publicly traded corporation with a market value of 46 Million Dollars. We are in the process of locating the missing portions of the sign to bring the historic sign into compliance with the hard work and determination that Gordon T Obie lived his life by. We will submit to the commission the additional signage to mount on the roof mounted sign to make the sign complete. Even though we have just a portion of the original sign currently on the roof, none the less, the piece of history we have today is a tribute to the American dream and the self determination of our people. USA! 163 In tribute to the determination of Mr. Gordon Obie, I like this passage ” I decided I wanted to be a world traveler, and an artist like Michelangelo and a millionaire. With wheat from 12 to 20 cents a bushel, those dreams sounded so stupid it was not something to talk about.. If you dig deep into any story of success, says Obie, you'll find it's born out of commitment to some vision or thought or belief...” Sec. 38.28.170. Historic or culturally significant signs. Signs which have historical or cultural significance to the city but do not conform to the provisions of this article, maybe permitted provided that the city commission adopts findings supporting the historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by resolution. (Ord. No. 1645, § 18.52.160, 8-15-2005; Ord. No. 1693, § 18(18.52.160), 2-20-2007; Ord. No. 1761, exh. J(18.52.160), 7-6-2009; Ord. No. 1769, exh. J(18.52.160), 12-28-2009; Ord. No. 1828, § 85, 9-10-2012) The information below documents the findings of historic value for the City of Bozeman Commission Starting at the end of Gordon’s life e we can hopefully find inspiration for our own time in this world. Obituary : On March 11, 2013 at about 11pm, Gordon T. Obie went over the great divide. He was born in Hill (now Liberty) County, Montana on May 10, 1917. Place of birth was a Homesteader’s shack, in north central Montana, 28 miles north of Joplin and 3 miles south of the Canadian border. His dad Edwin Olaf Obie was Norwegian and mom Ann Rose Yoctorowic, Polish; they were both born to immigrants from the “home country ". Northern Montana was cold hardscrabble prairie, settled by those accustomed to hard, hard work and looking for adventure with a better life. Gordon's early education was a one-room schoolhouse that covered grades 1 thru 8, all taught at the same time. Transport to school was horses, a buggy or two legs. Entertainment was teasing the teacher, who was only slightly older than the students. Long cold winters brought the National Geographic and other magazines, from which his desire to be an artist and travel the world was kindled. Gordon's first business was a trap line that produced weasels, muskrats and the occasional beaver. Prior to becoming a teenager, the only town he had seen was mostly a grain elevator. Saturday night dances were held at schoolhouses and granges; it was at one of these that he met Mildred Lillian Huestis. He worked his way through high school in Joplin, 20 miles from the homestead and went on to Northern Montana State College in Havre, Montana. Mildred was working close by as a housemaid and romance soon blossomed. 2 164 As a way to express his art, he began to paint signs for campus activities and small businesses around Havre. One day a circus came through town, in need of signs to be painted, they were told of Gordon's ability and low prices, so they immediately hired him for the work. While it was only a few days work, the circus saw his value and zest for life, and suggested he join them. He quickly saw the merit in the idea and told Mildred he would write her along the way. Her response was “If you’re going-I'm going " and away they went with the circus. He became the snake charmer from Borneo, she a seller of tickets, a few days later, August 6, 1937 they were married by a $2.00 Justice of Peace, in East Helena Montana. He was 20 years old, she won't say. As a married couple, they decided to settle in Bozeman Montana, and their first child Gary, currently of Springfield Oregon, was born a year later. Gordon adopted sign painting as a trade and opened his shop, in the back end of a hardware store, in downtown Bozeman. A second son, former Eugene Mayor Brian Obie, was born in the fall of 1941. With the bombing of Pearl Harbor, the sign shop was quickly closed and the family moved to Salt Lake City Utah, as Gordon went to work in the wartime effort at the Naval Supply Depot there. While there, a third child Florene was born to complete the family. Gordon continued to work in war industries as a pattern maker in the shipyards in Long Beach, California and then Van Port when wartime shipbuilding came to the Northwest in Vancouver, Washington. Each fall the family would return to their roots in northern Montana to help with harvest, as that was also a wartime priority. Gordon was in the line with other draftees, receiving his medical check up, the day Japan surrendered, they were all told to go home. Following the war, the family returned to Bozeman and Gordon reopened his business “The Obie Sign Company ". Gordon was a very driven and creative entrepreneur and for the next decade, that business grew, to the point of owning, selling and maintaining signs throughout Montana. The business was sold in1960, the same year Gordon acquired with his brother-in-law Marion Streeter two outdoor advertising companies..one in Salem, Oregon the other in Eugene. Two years later Gordon and Marion expanded the business and asked family members to join them. With Gordon's leadership and a dedicated family effort, the company rapidly grew into a multi state operation. In the late sixties, he became the Chairman of the Board and decided to at last pursue his interest in Travel and Art. Throughout the next 30 years, he circled the globe six times and studied many cultures. From his residence in Sun City, Arizona, he became immersed in Mexican history and culture, living and painting in villages throughout that country. Gordon was an accomplished artist, businessman and explorer. An advocate of the power of positive thinking, he held leadership positions in many industry activities, charitable organizations and pursued with zest his many hobbies 3 165 He is survived by his wife Mildred of 76 years, sons Gary and Brian, brother, Laurence Obie, Eugene, OR and sister, Gillette Ritter, Bozeman, MT. He has 9 grandchildren, 26 great grandchildren, 6 great, great grandchildren. His daughter Florene an accomplished artist in her own right preceded him in death. Many thanks to our wonderful caregivers for their care and love they gave him. A private service was held and burial at Lane Memorial Gardens in Eugene. Arrangements by Musgrove Family Mortuary Key Dates: 1939: Gordon Obie starts painting signs in Bozeman, Montana. 1959: Obie starts Obie Outdoor Advertising in Eugene, Oregon. 1962: Brian Obie joins his father's company. 1968: Brian Obie becomes president of Obie Outdoor Advertising. 1979: Brian Obie sells the assets of Obie Outdoor Advertising to 3M Media Corporation. 1980: Brian Obie restarts Obie Outdoor Advertising company, which lands its first transit advertising contract with Lane Transit District. 1987: Brian Obie founds Obie Media Corporation. 1996: Obie Media Corporation separates from its parent company, Obie Industries Incorporated, and launches its initial public offering. 1998: The company acquires P&C Media and creates its Canadian subsidiary, Obie Media Limited. Company History: Obie Media Corporation specializes in the sale, design, production, and installation of "out-of- home" advertising, including transit posters, transit murals, billboards, urban wallscapes, and bus shelter and bench displays. With sales offices throughout North America, Obie Media has agreements with more than 40 local government transit districts in the United States and Canada to sell advertising space on district-owned vehicles, transit shelters, bus benches, stations, and kiosks. The company also owns and operates advertising faces on structures located in 4 166 Washington, Oregon, California, Wyoming, Montana, and Idaho and leases outdoor building walls in Portland, Seattle, and Spokane. 1940s to Mid-1990s: From Sign Painting to Outdoor Advertising In 1939, Gordon Obie started a sign-painting business in Bozeman, Montana, painting outdoor advertising displays. Known for his attention to detail and artistry, Obie's business thrived for two decades, and in 1959, having moved to Oregon, he began Obie Outdoor Advertising in Eugene. His son, Brian, joined him in the business in 1962. In 1968, Brian Obie became president of Obie Outdoor Advertising. The father-son business took Gordon Obie's sign-painting venture one step further. The family business expanded steadily throughout the 1970s under Brian Obie's direction. Obie Outdoor Advertising moved from painting signs to marketing outdoor advertising space. In 1979, Brian Obie sold the assets of Obie Outdoor Advertising to 3M Media Corporation and signed a non- competition agreement with 3M. Throughout the 1970s, too, Brian Obie became involved in Eugene politics; from 1973 to 1976, he served on the city planning commission; from 1977 to 1984, he was a Eugene city councilor. After serving as mayor of Eugene, Oregon, from 1984 to 1988, Brian Obie once again devoted his attention to business, this time Obie Media Corporation, a company he had cofounded in 1987 with a few billboards and a single transit advertising contract with Lane County Transit District. Within several years, Obie Media had grown to cover 65 outdoor advertising markets along the West Coast, and the company undertook an aggressive sales program that targeted local small and medium-sized businesses, a client segment that traditionally had received little attention in the transit advertising business. Its revenue for 1995 was $8.3 million. By 1996, the company operated about 650 billboard display faces on 375 outdoor advertising structures in Washington, Oregon, Idaho, and California. It had 70 full-time employees and agreements with seven local government transit districts to sell advertising on nearly 1,200 vehicles. In 1996, Obie Industries Incorporated formed Obie Media Corporation as a subsidiary, which it subsequently spun off. Obie Media sold one million shares of common stock in an initial public offering in 1996, raising about $6 million, which it put toward paying down the company debt. Mid-1990s to Late-1990s: Expanding Nationally As a Transit Advertiser Throughout the mid-1990s, the company continued its strategy of focusing on transit advertising and of targeting small- to medium-sized businesses that could not finance other advertising methods, but had no problem paying Obie's $600 a month for a removable, vinyl billboard on the side of a bus. The company's chief financial officer in a 1998 Business Journal article attributed the company's rapid growth to the fact that it delivered "top-of-the-mind awareness in a very cost effective manner." "Traffic is increasing and more and more people are driving by billboards or waiting for ... buses," he explained. Additionally, Obie's methods of advertising eliminated the need to strategize how to reach a particular segment of the population. "If you think about newspapers, there's a whole generation of people who don't read or subscribe to them. Because of the proliferation of broadcast signals, it's hardest to pinpoint an audience when, instead of three channels, you get 53," he said. Transit advertising was a unique sort of business. Agreements with transit districts are typically awarded through a competitive proposal process. A transit agreement, typically three to five years in length, requires the transit advertising operator to guarantee the district the greater of a minimum percentage of the advertising revenues generated by the operator's use of the district's vehicles, benches, and shelters, with the operator often posting performance bonds or letters of credit. 5 167 In the late 1990s, Obie, feeling ready for a major push into the national advertising scene, began expanding outside the Northwest, establishing a hub and spoke system of regional sales offices. In 1997, the company landed contracts with several transit systems: Dallas Area Rapid Transit, Santa Cruz Metropolitan Transit System, Austin's Capital Metropolitan Transportation Authority, and Sacramento's Paratransit Incorporated. According to Obie's chief financial officer in a January 1998 issue of the Register Guard, the company, with accounts in 11 communities, and in three of the top 25 U.S. markets--Portland, Dallas, and Sacramento--had "a lot more to talk to the national advertising agencies about. ... We're more attractive to national advertisers, and we're getting demand from national advertisers for our space. ..." Revenue for 1997 was $13.3 million. By 1998, the company's media business was booming as advertisers sought alternatives to the increasingly fragmented and costly television, radio, and print media markets. The company expanded again, this time eastward with the purchase of P&C Media in Pennsylvania. P&C, one of the oldest transit advertising firms, had started in 1941 as Philbin & Coine Inc.; it represented 16 markets in the eastern and midwestern United States at the time of acquisition. Obie also expanded into Canada through a seven-year contract with BC Transit in British Columbia to provide interior and exterior advertising displays for operations in Vancouver, Victoria, and 30 smaller municipal transit systems. With the purchase of P&C, Obie became the second largest provider of transit ads in the United States. It had operations in 29 transit districts, including seven of the top 30 media markets. A major force in the outdoor media industry, Obie Media was firmly established in four distinct regions: Canada, the Northwest, the Southwest, and the eastern United States. Each region had its own sales, design, production, and administrative capabilities and drew in roughly $8 million in sales per year. The company's stock price had doubled since its initial public offering while its revenues edged close to $15 million a year. Obie Media Limited, a newly created subsidiary, oversaw the company's Canadian operations. In early 1999, Obie Media Limited opened an office in London, Ontario, to handle the company's contract with the London Transit Commission. The late 1990s into 2000 saw a trend toward regional consolidation and heavy competition in the outdoor media industry, which up until then had been fragmented and consisted mostly of smaller players. Improved technology was also helping the industry as a whole to grow. Digital reproductions and computer painting created the possibility of more vibrant colors and more durable displays, according to the industry's Outdoor Advertising Association. Obie introduced its signature "Back Attack" product--an ad without a frame placed directly on the back of a bus. It also began to make use of "wraps," large vinyl appliqués that are wrapped around the sides and backs of buses. The design for the wrap was programmed into a computer and then digitally painted on a vinyl strip that matched the measurement of the vehicle to be wrapped. The late 1990s were a period of stellar growth for Obie. Its sales for 2000 reached more than $51 million. In 2001, the firm, which employed 69 people, bought its second high-speed computerized printer so that it could increase in-house production of vinyl ads from 40 to more than 80 percent by the end of the year. The printers expanded Obie's digital production shop, which also employed about 20 artists in Eugene who hand painted ads. In the past, Obie's billboard business had generated up to 90 percent of sales; however, with revenues from billboards dropping off to about 25 percent in the late 1990s, Obie turned its attention to signing up new transit districts as clients. From 1998 to 2001, Obie and its Canadian subsidiary generated a host of new contracts, and the company's revenues increased steadily. Throughout 1998 and 1999, Obie expanded in the midwestern and eastern United States and Canada. In the year 2000, Obie added to its East Coast clientele. In 2001, the Chicago Transit Authority signed on with Obie Media. Obie opened a major office in Chicago shortly after signing the contract with CTA, the second largest transit system in the United States. 6 168 In another aspect of its growth, the company also purchased the outdoor advertising assets of Sign Products and JOSCO Outdoor in Billings, Montana, and Empire Neon in Sheridan, Wyoming, in 1999. Despite record earnings of $2 million for the year on revenue of $22.7 million, Obie Media still required additional cash; thus, the company held its second public offering to pay down debt and increase its stability to borrow money to fund future acquisitions. Overcoming Obstacles: 2000s Early in 2000, Obie began to ramp up its local sales effort in many of its markets. By late 2000, it had 120 salespeople in the United States and Canada, 50 percent more than it had had the year before. Obie's three national sales offices achieved a 25 percent increase in sales during the first nine months of 2000 as compared to sales totals for the first nine months of 1999. During the summer of 2000, the company ranked second on the Seattle Times' "Northwest 100" list, commemorating its outstanding growth in sales, market value, and employees, plus best return on average equity during the previous two years. By early 2001, though, the weakened national economy was hampering profits for Obie. Although sales doubled between 1998 and 2001, profits increased from $1.5 million for 1998 to only $1.6 million in 2001. Profits were suffering as a result of the company's contracts with transit districts, 80 percent of which guaranteed that Obie would pay a minimum amount or share a healthy percentage of sales revenues with the transit district. To solve this problem, Obie began to try to get its transit agencies to accept reduced guarantees. Another problem arose in 2001 when the CTA fired Obie. Obie approached the CTA to say that it was unable to give bond security for 2002, "unable to meet ... minimum guaranteed revenues for 2001," according to CTA authorities in a Chicago Sun-Times article. To cope with contract loss, the company laid off its 37 Chicago employees and 13 independent contractors who installed signs. By 2002, however, Obie appeared to be bouncing back. The firm had trimmed costs, cutting about 4 percent of its employees. It was successful in renegotiating its share of revenue paid to transit agencies from 54 to 43 percent. In order to expand upon its national presence, Obie had developed a strategy based on developing regional operating centers; seeking new transit agreements; pursuing acquisitions; and expanding its national sales effort. Principal Subsidiaries: Obie Media Limited (Canada); Obie Industries; OB Walls, Inc. Principal Competitors: Clear Channel Communications Inc.; Gateway Outdoor Advertising; Infinity Broadcasting Corporation; Lamar Advertising Company; Mediacom; Omni: The Outdoor Company; Outdoor Systems Inc.; Pattison Outdoor; Urban Outdoor; Viacom Outdoor Group; Washington Transit Advertising. 7 169 Greetings, Sincerely, Brian Caldwell- Thinktank Design Group, Inc.- 8 170 History of the sign building at Rainbow Signs, 105 North 8th Street The history of Rainbow Signs follows the history of sign building itself. Starting around 1945 Rainbow signs began its business hand painting signs and billboard advertising for local businesses. The original office building that was built for this purpose reflects the uses and demands of hand sign painting. Along the north wall of the building is a recessed “trough” that is 5 feet deep, 24 inches wide and about 25 feet long. This “trough” was used to lower the billboard panels into so that the painter would only have to use a small step ladder to complete the sign. On the ceiling of the original building is the overhead track system that was used to hoist the completed billboards out of the recessed concrete opening and out the buildings large sliding wooden door. As the growth of Rainbow signs increased, so did the building footprint as well as the type of signs that were produced there. Sometime in the early 50’s, they added another section of the building that would house a neon plant, large sheet metal brake and a variety of welding and fabricating tools. The original building up front would see the addition of vinyl plotters and digital sign making equipment. These years would see the production of sheet metal cabinets, painted backlit faces for wall signs, neon channel letters and other dimensional signs and letters. Many of the signs that were built during this time involve the same time of building techniques that I use today to create dimensional signage. Building an internal angle iron frame, covering or “skinning” it in sheet metal with painted faces, incorporating lighting components like neon or LED’s are all methods of building a sign that have not changed all that much since Rainbow signs were constructing them in the early 50’s. I know that many of the methods are the same because early in my career in the sign business I would work directly with them, preparing the sign for installation and often bringing my sign over to their shop to have Bill Todd incorporate the neon into the sign itself. I learned from him that I was building the signs very much like they did, and often times was building them with higher quality materials like aluminum faces with welded returns, versus just riveted sheet metal. When Rainbow signs sold me the building they gave me several tools I still use today for punching holes in angle iron and large sheet metal shears. Even the layout of the building reflects how similar our methods of construction are. In the middle part of the shop there is an overhead track system that is used to hoist a sign frame from a working table, after it has been welded and riveted together, and bring it into the paint booth in the back. This paint booth has several overhead tracks that allow for a sign or multiple signs to be hoisted for painting. After a sign is completed a large wooden sliding door can be opened in the back to allow for transportation of the sign to its new location. 171