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Z14275, Staff Report for The Mendenhall Mixed Use Site Plan Certificate of
Appropriateness with Variance Application
Date: CITY COMMISSION public hearing on December 8, 2014
Project Description: A Preliminary Site Plan and Certificate of Appropriateness with a
Zoning Variance to allow the demolition of an existing one-story bank building and
the construction of a five story mixed use building with three floors of commercial
space and 29 residential units on the top two floors with related common spaces,
underground parking structure, and related site improvements.
Project Location: The property is located at 5 West Mendenhall Street, legally described as
Lots 1-8, Block A, of Tracy’s Second Addition Located in Section 7, Township Two
South (T2S), Range Six East (R6E), PMM, City of Bozeman, Gallatin County,
Montana.
Recommendation: Approval with recommended conditions and code provisions.
Recommended Motion for Variance: “Having reviewed and considered the application
materials, staff report, public comment, and all of the information presented, I hereby
adopt the findings presented in the staff report for application Z14275 and move to
approve the Variance from Section 38.25.020.A of the Bozeman Municipal Code, to
allow the minimum size for a parking space within the underground parking structure
to be 8 feet 6 inches in width and 18 feet in length and to allow a 24 foot wide two
way access aisle as shown on the application materials.”
Recommended Motion for Site Plan and Certificate of Appropriateness: “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 Z14275 and move to approve the site plan and certificate of
appropriateness with the recommended conditions of approval and subject to all
applicable code provisions.”
Report Date: December 2, 2014
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action (Quasi Judicial)
Unresolved Issues
The application requests to demolish the existing bank building and associated drive
through prior to building permit issuance for the mixed use building. Per Commission
direction and consistent with project conditions for both the Armory Hotel and the Element
Hotel staff recommends condition number 4 that states “A demolition permit for the existing
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building shall not be issued prior to building permit issuance for the mixed use building.” No
other unresolved issues are known.
Project Summary
The subject property is addressed as 5 East Mendenhall Street and is located on the
northwest corner of North Tracy Avenue and East Mendenhall Street within the B-3 zone
district and the Neighborhood Conservation Overlay District. The application proposes the
demolition of the existing bank building and attached drive through facility. The building
proposed for demolition was constructed in 1971 and modified in 1995. The building is not
historic and is noted as an intrusive element within the district. A five story mixed use
building is proposed on the site with three floors of commercial uses and two floors that
include 29 residential units. Parking is proposed to be satisfied with onsite parking located
within an underground parking structure below the building and offsite via long term leases
in the City’s multi modal facility and surface parking lots. Cash in lieu of parkland dedication
is proposed for the residential uses. No commercial or office tenants are identified; the
building is proposed as a core and shell with future tenant improvements to be determined.
One zoning variance from the Bozeman Municipal Code is requested to allow the
minimum size for a parking space within the underground parking structure to be 8 feet 6
inches in width and 18 feet in length and to allow a 24 foot wide two way access aisle. The
City has one standard for all surface and structured parking stalls which requires a standard
stall size of nine feet in width by 20 feet in length with a 26 foot wide access aisle.
The building and site design have evolved through the review process. The original
proposal was identified by Administrative Design Review staff and the Design Review Board
as not conforming to the Certificate of Appropriateness criteria and the guidelines for the
Conservation Overlay. With the applicant’s concurrence, the Design Review Board
continued the review of the project to a future date at their September 24, 2014 meeting to
allow the applicant an opportunity to address the staff findings and comments of the Board.
A revised design was submitted on November 6, 2014. The Design Review Board conducted
further review of the application on November 12, 2014. The Board found that the revised
site and building design was significantly improved and was now in conformance with
guidelines. The Board unanimously recommended approval to the City Commission.
Alternatives
1. Approve the variance and the site plan and certificate of appropriateness, with conditions
of approval, as recommended by staff;
2. Deny the requested variance and site plan and certificate of appropriateness, with
findings;
3. Strike, add or modify the recommended conditions of approval; or
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4. Continue the review on the application, with specific direction to staff or the applicant to
supply additional information or to address specific items.
TABLE OF CONTENTS
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - EXHIBIT SERIES ............................................................................................. 4
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 9
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 9
SECTION 4 – CODE PROVISIONS REQUIRING PLAN CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13
SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 14
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 14
Standards for Certificates of Appropriateness, Section 38.16.050, BMC ........................ 20
Neighborhood Conservation Overlay District Review Criteria ........................................ 21
Zoning Variance Review Criteria – Section 38.35.060 BMC .......................................... 23
APPENDIX -A- PROJECT SITE ZONING AND GROWTH POLICY ............................... 26
APPENDIX -B- NOTICING AND PUBLIC COMMENT .................................................... 26
APPENDIX-C- OWNER INFORMATION AND REVIEWING STAFF ............................ 27
FISCAL EFFECTS ................................................................................................................. 27
ATTACHMENTS ................................................................................................................... 27
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SECTION 1 - EXHIBIT SERIES
Vicinity Map 2012
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Site Plan with Landscaping
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Perspective
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Context
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Variance- Within underground parking structure parking stalls proposed at 8’6” wide by 18’ long, accessed by at 24’ drive aisle. Current code
requires a 9’ x 20’ stall accessed by a 26’ wide aisle.
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SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
A Zoning Variance has been requested from the following section of the Bozeman Municipal
Code.
1) Section 38.25.020.A Bozeman Municipal Code (BMC), Stall, aisle, and driveway design.
All parking spaces shall be of standard width and length. 9 feet is the standard width and
20 feet is the standard length if measured from a painted line on the inside edge of the
stall. A 26 foot wide access aisle is required for 90-degree parking with two way
circulation. The applicant proposes 8 feet 6 inch wide and 18 foot long parking stalls and
a 24 foot wide two way access aisle. Staff analysis and findings are presented in Section
6.
SECTION 3 - 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:
Community Development
1. 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.
2. All portions of property legally described as Lots 1-8, Block A, of Tracy’s Second Addition
Located in Section 7, Township Two South (T2S), Range Six East (R6E), PMM, City of Bozeman, Gallatin County, Montana shall be aggregated and/or the common boundaries of
said lots shall be reconfigured through the applicable subdivision review process to
accommodate the project prior to final plan approval.
3. All executed off street parking agreements shall be submitted and approved prior to final plan
approval.
4. A demolition permit for the existing building shall not be issued prior to building permit
issuance for the mixed use building.
5. Americans with Disabilities Act parking signage shall be placed on the exterior of the
parking structure entrance to direct traffic to the ADA spaces within the underground parking
structure.
6. The applicant/owner shall prepare and update an on-going tracking mechanism to certify that
each future tenant use/improvement application is compliant with the required parking
standards for each of the commercial and residential uses on site due to the shared parking
between a mix uses and the limited offsite parking being provided. A draft mechanism to
accomplish this tracking shall be presented as part of the final plan submittal. A note documenting this tracking mechanism shall be included on the final plan.
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7. The applicant shall submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
Design Review Board
8. A color palette for the building that includes actual material samples, manufacturers product information as applicable, and color chips shall be submitted for review and approval by the
Department of Community Development as part of final plan approval in order to verify
compliance with the preliminary site plan submittal, the Neighborhood Conservation Overlay
District guidelines and that no shiny materials are being proposed that may impact adjacent residential properties or public streets. The materials/color palette shall be presented on a board no larger than 24” x 36” and contain all the primary materials to be utilized on the
building including window frames/glazing and doors (incl. roll up). All final building
elevations and details shall be keyed to the color palette to delineate where each individual
building material and color is specified. The palette shall be returned to the applicant following approval.
Engineering
9. A utility design report shall be submitted for review, confirming that there is adequate
capacity and pressure for the surrounding public infrastructure including water, sewer, and
storm sewer. The report should specify if any offsite improvements will be necessary to serve this development.
10. The developer shall coordinate with the Downtown Partnership on the specific design for
street frontage improvements for West Mendenhall Street.
11. Any non-standard street details (such as signage, striping, parking, loading zones, or colored
concrete) shall be submitted, reviewed, and approved by city engineering.
12. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a) Street improvements to Mendenhall Street including paving, curb/gutter, sidewalk,
storm drainage, and intersection improvements.
b) Signalization or other traffic control improvements of the intersection of North Black Avenue and East Mendenhall Street.
c) Signalization or other traffic control improvements of the intersection of North Tracy
Avenue and West Mendenhall Street.
The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
13. Any street closures required for construction shall be coordinated with the City Engineering Department and will require a traffic control plan providing access to neighboring businesses and residences.
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14. The application has indicated that the proposed development will extend into the street vision
triangle on the northwest corner of N. Tracy and W. Mendenhall. BMC section 38.34.010.D allows the City Engineer the authority to approve a request of this nature. Based on the one-way traffic flow of Mendenhall, the City Engineer has elected to accept this proposal.
15. Due to the dramatic change in use the proposed development will be required to comply with
BMC section 38.23.180 (cash-en-lieu of water rights). The applicant will be required to
produce an estimate for the annual water consumption for the facility at full build out. This water consumption rate will be reviewed by the Engineering Department to determine the final amount for cash-in-lieu of water rights. The developer may also provide a transfer of
the equivalent required water rights. Any water right proposed to be transferred to city
ownership should be submitted for review as early as possible so the value can be determined
without hindering the final site plan approval.
SECTION 4 – CODE PROVISIONS REQUIRING PLAN CORRECTIONS
A. Section 38.25.060.A BMC requires that any off-site parking which is used to meet the
requirements of this chapter shall be reviewed by the planning director for compliance with
this chapter and shall be subject to the following conditions:
1. Off-site parking shall be developed and maintained in compliance with all requirements
and standards of this chapter;
2. Reasonable continuous pedestrian and vehicle access from off-site parking facilities to the
use being served shall be provided;
3. Off-site parking for one-household and two-household dwellings shall not be permitted;
4. Off-site parking for multiple household dwellings shall not be located more than 100 feet
from any commonly used entrance of the principal use served;
5. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the
entrance of the principal use. The distance shall be measured on a pedestrian route of travel
such as a sidewalk or city standard trail from the nearest parking space to the entrance of the
principal use served; and
6. Any use which depends upon off-site parking to meet the requirements of this chapter shall
maintain ownership or provide evidence of a long-term lease agreement, revocable with
review authority approval, running with the term of the designated use, for parking utilization
of the off-site location. The final off street parking agreements shall be approved with the
final plan to satisfy this requirement.
B. Section 38.28.080 BMC states that a comprehensive sign plan shall be submitted for all
commercial, office, industrial and civic uses consisting of two or more tenant or occupant
spaces on a lot or two or more lots subject to a common development permit or plan. A
comprehensive sign plan shall not be approved unless it is consistent with this article, the
underlying zoning regulations applicable to the property and any discretionary development
permit or plan for the property. The plan should include the size and location of buildings
and the size and location of existing and proposed signs. The purpose of the plan is to
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coordinate graphics and signs with building design. The coordination shall be achieved by: 1.
Using the same type of cabinet supports or method of mounting for signs of the same type;
using the same type of construction for components, such as sign copy, cabinet and supports;
using other types of integrating techniques, such as common color elements, determined
appropriate by the review authority. 2. Using the same form of illumination for all signs, or
by using varied forms of illuminations determined compatible by the review authority. The
site is proposed to include multi-tenant use; as such, a comprehensive signage plan is
required for the building and shall be submitted for review and approval prior to the issuance
of any individual sign permits.
C. Section 38.38.010 BMC requires property owners’ association documents, covenants,
declaration, and bylaws to be submitted for review and approval with the final plan
application if the project will be developed with condominium ownership per the Unit
Ownership Act in 70-23 MCA.
D. Section 38.27.100 BMC requires a 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, subject to the standards of this chapter. Section 38.27.020 BMC
states the required amount of open space and park area required for site plan applications. A contribution of cash donation in-lieu of park land dedication is proposed and shall be approved and satisfied prior to final plan approval. Cash-in-lieu of land dedication requires
further review and approval by the City Commission once the appraisal has been completed
and the cash in lieu amount has been determined per Section 38.27.030 BMC.
E. Section 38.41.080.2.g.9 requires a grading and drainage plan, including provisions for on-site
retention/detention and water quality improvements facilities as required by the engineering
department, or in compliance with any adopted storm drainage ordinance or best
management practices manual adopted by the city. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), storm water detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure details), storm
water discharge destination, and a storm water maintenance plan.
F. A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application
form, the appropriate fee, and a Storm Water Management Plan in compliance with the City
of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any
other storm water permitting required from the State of Montana. A State of Montana Storm
Water Pollution Prevention Plan (SWPPP) may be submitted instead of a City of Bozeman
SMP, however the City of Bozeman fees still must be submitted. All necessary City of
Bozeman forms and permits can be found on the City’s website at www.bozeman.net.
G. Plans and Specifications for any fire service line must be prepared in accordance with the
City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and
approved by the City Engineer prior to initiation of construction of the fire service or fire
protection system. The applicant shall also provide Professional Engineering services for
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construction inspection, post-construction certification, and preparation of mylar record
drawings.
H. The location of existing water and sewer mains shall be properly depicted, as well as nearby
fire hydrants.
I. Adequate snow storage area must be designated outside the sight triangles, but on the subject
property (unless a snow storage easement is obtained for a location off the property and filed
with the County Clerk and Recorder's office).
J. Section 38.41.080.g.11 requires the drive approach to be constructed in accordance with the
City’s standard approach (i.e. concrete apron, sidewalk section, and drop-curb) and shown as
such on the final site plan.
K. 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.
L. Section 38.25.020.J outlines the provisions for concrete curbing for any proposed parking lot.
Concrete curbing shall be provided around the entire new parking lot perimeter and
adequately identified on the final site plan per section 38.41.080.g.17.
M. Drive approach and public street intersection sight triangles shall be free of plantings which
at mature growth will obscure vision within the sight triangle.
N. All trees must be at least 10 feet from any public utilities or service lines. All public utilities
and services lines must be shown on the Final Landscaping plan.
O. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 38.39.020.A.1 of the
Unified Development Code. This shall be submitted as part of the final site plan for site
developments, or with infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
P. All construction activities shall comply with section 38.39.020.A.2 of the Unified
Development Code. This shall include routine cleaning/sweeping of material that is dragged
to adjacent streets. The City may require a guarantee as allowed for under this section at any
time during the construction to ensure any damages or cleaning that are required are
complete. The developer shall be responsible to reimburse the City for all costs associated
with the work if it becomes necessary for the City to correct any problems that are identified.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Mendenhall Mixed Use Site Plan & Certificate of Appropriateness
with Zoning Variance Application
File: Z14275
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Development Review Committee
The Development Review Committee (DRC) reviewed the application on September 10, 17
and October 1, 2014. The DRC recommended conditional approval of the application with
the findings and conditions outlined in this report. Code provisions requiring correction were
identified and are presented in Section 4.
Parks and Recreation Advisory Board
The Recreation and Parks Advisory Board reviewed the proposed cash in lieu of parkland
dedication request on September 19, 2014. The Applicant requested cash in-lieu of parkland
dedication to meet parkland requirements as required by Section 38.37.030.A.3, BMC. The
RPAB recommended the City Commission approve the proposed park plan with cash in-lieu
of dedication for this site plan.
Design Review Board
The Design Review Board initially reviewed the application on September 24, 2014 and
found that the design presented did not comply with the Neighborhood Conservation Overlay
District Guidelines and the Certificate of Appropriateness criteria. With the applicant’s
concurrence, the Board moved to continue the review of the project at a future date to allow
the applicant an opportunity to address the findings of the Board. A revised design was
submitted on November 6, 2014. The Design Review Board conducted further review of the
application on November 12, 2014. The Board found that the application was significantly
improved and in conformance with guidelines and the required criteria. The Board
recommended a condition be added to the project to require staff review of a color and
materials board prior to final plan approval. The Board recommends unanimous overall
approval of the application as presented to the City Commission.
City Commission
The City Commission is scheduled for the December 8, 2014 regular agenda to conduct a
public hearing and consider the preliminary site plan and certificate of appropriateness with
zoning variance application.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
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.
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In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The proposed application is consistent with the Bozeman Community Plan, and consistent
with the Downtown Improvement Plan.
This property is located within the boundaries of the Downtown Bozeman Improvement
Plan, which is an adopted sub-area (neighborhood) plan of the Bozeman Community Plan.
Specific to this proposal, the plan states that “downtown revitalization requires property
rehabilitation, new development, and injections of new capital…” The plan also indicates
that the project site is denoted for “Residential Emphasis” as part of the North Village
District (see District Map shown below).
DOWNTOWN IMPROVEMENT PLAN
NORTH VILLAGE DISTRICT (RESIDENTIAL EMPHASIS)
See also Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
No current violations are known to exist on the site. The proposed uses of the site are
consistent with the allowed uses of the B-3 district. The proposed site layout conforms to the
requirements of the municipal code and the project is in conformance to the public health,
safety, and general welfare requirements of the Unified Development Code.
Mixed Use
Project
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3. Conformance with all other applicable laws, ordinances, and regulations
No conflicts have been identified. Additional steps are required such as final site plan and
application for building permit which will be addressed as appropriate in the future. In
addition, the project is generally conforming to the standards as presented and will comply
fully with identified conditions and code requirements.
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 proposal places the building on
the lot in appropriate proximity to the minimum street setbacks along West Mendenhall
Street and North Tracy Avenue. Access to the building is primarily from Mendenhall Street
and North Tracy Avenue, and from the alley to the north and generally conforms to
standards.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions.
An updated traffic study was required by the Engineering Division for this project due to the
proposed mix of uses and to analyze the adequacy of the existing street network to
accommodate the traffic generation from the proposed use and in consideration of the
proposal to utilize offsite parking for a portion of the required parking for the use. No
additional traffic mitigation was identified following review of the traffic report. The
Engineering Division recommends condition of approval 13 to require Special Improvement
District waivers for future street and intersection improvements. The application proposes to
utilize an offsite parking agreement with the City’s multimodal parking facility directly
across Mendenhall Street to satisfy the portion of the required parking. The application
requests a variance to the City’s parking standards for the parking spaces proposed in the
underground parking structure, see Section 2. If the variance is approved, the parking
provided onsite and through off site agreements will comply with the code requirements for
the proposed mix of residential units and office/bank/commercial uses. A code provision
requires that all the offsite parking agreements be executed prior to final plan approval.
6. Pedestrian and vehicular ingress and egress
The proposed vehicular access will be limited to a single access ramp from the north alley
into a lower level garage, and conforms to access spacing and other applicable standards as
proposed. Pedestrian access is provided from street frontage pedestrian sidewalks into the
site. There are existing attached sidewalks along both North Tracy and East Mendenhall
street frontages that will be replaced with the current design standard adopted for downtown.
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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 existing building site has landscaped yards and trees along primary street frontages and
as a buffer between the existing building and parking to the west. The proposed landscaping
appears to meet the minimum landscaping performance points and mandatory landscape
standards. Final site plan approval is contingent on full compliance with all applicable
landscape standards. The application proposes to achieve credit for landscape performance
points for one point for each percentage of the site provided in a publically accessible plaza.
The plaza on the north side of the building satisfies both residential open space and landscape
performance. Unique to developments in the B-3 District, pursuant to Section 38.26.060,
BMC, landscape plans must earn a minimum of 13 points. The proposed plan meets this
standard.
8. Open space
The UDC requires on-site open space, (separate from the dedicated parkland requirement), to
serve the residential units and provides several options for meeting the requirement. The
appropriate amount of private open space has been provided through the submitted site and
landscape plans.
Pursuant to Section 38.27.010, BMC parkland dedication is required with this development.
When the net residential density of development is known, 0.03 acre per dwelling unit of
land shall be provided.. The proposed development includes 29 residential units. Section
38.27.020 caps parkland dedication at 12 units per acre in the B-3 District. The project site
consists of .735 acres. Therefore, the density of the site at 12 dwelling units to the acre
would result in 8.82 dwellings that will require .26 acres of parkland dedication with this
project. 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
Recreation and Parks Advisory Board reviewed the proposed cash in-lieu of parkland
dedication at their September 19, 2014 meeting and forwarded a recommendation that the
City Commission accept cash in-lieu of parkland for this project.
9. Building location and height
The proposed height of the building complies with the overall district restrictions of Section
38.10.060 “Building Height” of the UDC which establishes a maximum height of 70 feet in
the B-3 zoning district if the property is located outside of the Main Street Historic District
core area. The application proposes a maximum height of 70 feet zero inches from grade to
the elevator tower. Parapet walls and other monuments may exceed the height restriction by
up to four feet above the limiting height of the district. The mechanical screening is
considered under the provisions for parapet walls. The project conforms to the height
requirements.
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10. Setbacks
The proposal complies with all applicable setbacks.
11. Lighting
The lighting proposed complies with all applicable standards.
12. Provisions for utilities, including efficient public services and facilities
No new extensions of major infrastructure are required with this project. Connection of the
proposed building to existing mains will follow standard procedures and requirements. The
applicant shall provide cash in-lieu of water rights per the Bozeman Municipal Code and per
recommended condition of approval 15. The developer may also provide a transfer of the
equivalent required water rights. Any water right proposed to be transferred to city ownership
should be submitted for review as early as possible so the value can be determined without
hindering the final approval process. The necessary water rights or cash-in-lieu for all shall
be provided prior to final plan approval. Credit will be provided for any existing water
service lines that currently serve the property.
Plans and Specifications for any fire service line must be prepared in accordance with the
City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and
approved by the City Engineer prior to initiation of construction of the fire service or fire
protection system. The applicant shall also provide Professional Engineering services for
construction inspection, post-construction certification, and preparation of mylar record
drawings.
13. Site surface drainage
The site drains to the existing perimeter streets. The Engineering Division is reviewing the
surface drainage and stormwater provisions for the project. A final grading and drainage
plan is required with the final plan application. Follow up stormwater permitting is required.
No onsite surface stormwater facilities are proposed.
14. Loading and unloading areas
No designated loading zone is provided or required for the proposed uses. Alley access is
provided for servicing the building
15. Grading
The site will have to be significantly excavated to accommodate the underground parking
structure. Relatively minor grading of the perimeter of the site is anticipated with this
application in order to remove existing sidewalks and install the necessary sidewalks, tree
pits, lighting, and amenities.
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16. Signage
As a multi-tenant building, a comprehensive sign plan for the entire project will be required
prior to any individual sign permits being issued. This item is addressed under the cited code
provisions. A formal sign permit is required before any sign installation.
17. Screening
Bozeman Municipal Code requires all mechanical equipment locations and screening
methods to be shown on the final plans and buildings elevations, and that they be properly
screened with physical/opaque screening and/or be integrated into the building.
18. Overlay district provisions
The site is located within the Neighborhood Conservation Overlay District. Administrative
Design Review staff has reviewed the proposal for conformance with the Design Guidelines
for Historic Preservation and the Neighborhood Conservation Overlay District. Staff finds
the proposal to be in conformance with the 2006 Bozeman Design Guidelines for Historic
Preservation and the Neighborhood Conservation Overlay. The detailed findings can be
found in applicable sections below.
19. Other related matters, including relevant comment from affected parties
No public comment was received in response to project noticing. Any comments received
prior to the public hearing will be forwarded to the City Commission.
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.
The development is on multiple lots. Recommended condition of approval 2 requires all
underlying lots be aggregated or realigned to accommodate the development prior to final
plan approval is presented in Section 3.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
Not applicable. The project is proposed as one phase.
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Standards for Certificates of Appropriateness, Section 38.16.050, BMC
Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness
approval for proposed alterations.
A. All work performed in completion of an approved Certificate of Appropriateness shall
be in conformance with the most recent edition of the Secretary of Interior’s Standards for
the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring and Reconstructing Historic Buildings (Published 1995), published by U.S.
Department of the Interior, National Park Service, Cultural Resource Stewardship and
Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the
Department of Planning).
The application proposes demolition of a building that was constructed in 1971 and altered in
1995.
As the existing building is proposed for demolition, to be replaced with an entirely new
contemporary, non period structure, the Secretary of the Interior’s (SOI) Standards for
Rehabilitation, do not generally apply. The UDC in section 38.16.050.C references that new
construction not related to an historic structure the 2006 Bozeman Design Guidelines for
Historic Preservation and the Neighborhood Conservation Overlay applies as the primary
design review document against which the project is reviewed.
B. Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures or
properties, and with neighboring structures and properties, shall focus upon the following:
The 2006 Bozeman Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay applies as the primary design review document against which the
project is reviewed and incorporates the design elements called out by this code section.
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
Staff finds the development proposal to be in general conformance with this standard.
C. Contemporary, non-period and innovative design of new structures and additions
to existing structures shall be encouraged when such new construction or additions do not
destroy significant historical, cultural or architectural structures, or their components, and
when such design is compatible with the foregoing elements of the structure and the
surrounding structures.
As the existing building is proposed for demolition, to be replaced with an entirely new
contemporary, non period structure, the Secretary of the Interior’s (SOI) Standards for
Rehabilitation, do not generally apply. The UDC in section 38.16.050.C references that for
new construction not related to historic structure, that the 2006 Bozeman Design Guidelines
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for Historic Preservation and the Neighborhood Conservation Overlay applies as the primary
design review document against which the project is reviewed. Staff finds the development
proposal to be in general conformance with the guidelines and this standard.
D. When applying the standards of subsections A-C, the review authority shall be
guided by the Design Guidelines for the Neighborhood Conservation Overlay District which
are hereby incorporated by this reference. When reviewing a contemporary, non-period, or
innovative design of new structures, or addition to existing structure, the review authority
shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay
District to determine whether the proposal is compatible with any existing or surrounding
structures.
Staff finds the development proposal to be in general conformance with the guidelines and
this standard.
E. Conformance with other applicable development standards of this title.
The required criteria for granting site plan applications are examined in the previous section.
As noted in Section 2, one zoning variance is requested and is analyzed below.
F. Tax abatement certificate of appropriateness applications are also reviewed with
the procedures and standards established in chapter 2, article 6 and division 2.
The application does not request a Tax Abatement for Historic Preservation.
Neighborhood Conservation Overlay District Review Criteria
The appropriate Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay District have been incorporated into review of the COA criteria above.
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
In summary, Administrative Design Review staff finds the development proposal with all
materials submitted and included with the application to be in conformance to the guidelines
within the 2006 Bozeman Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay.
2006 Bozeman Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay
Introduction (pages 1-18)
Part II: Design Review System
All proposed alterations (including demolition) to structures and sites within the area are
subject to design review by the City of Bozeman Department of Community Development
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and are subject to standards set forth in the City of Bozeman Unified Development Code in
addition to the Design Guidelines.
Further, the ordinance states that while new construction is invited and encouraged, “primary
emphasis is given to the preservation of existing buildings, provided the design of such new
places enhances and contributes to the aesthetic character and function of the property and
the surrounding neighborhood or area.” The essential idea behind the Neighborhood
Conservation Overlay District concept is to protect Bozeman against alteration and
demolition that might damage the unique fabric created by the hundreds of important
buildings and sites that make up the historic core. This review takes into consideration these
underlying principals.
The demolition and movement of structures within the Neighborhood Conservation Overlay
District are considered an alteration and therefore are also subject to review by City Staff.
The Montana Historical and Architectural Inventory form states the existing building on this
property dates from 1971 has limited architectural design significance from its period of
construction, and is listed as an intrusive element within a potential historic district. The
building was modified and remodeled in 1995 to change its exterior appearance and add a
drive through facility.
The project proposes the construction of a five story mixed use building. The Design
Guidelines recommend review of the site context, the immediately adjacent properties and
also the surrounding character of the project site.
D. Application of Guidelines
The Montana Historical and Architectural Inventory form classifies this building as intrusive
and it is not located within a recognized historic district. The building is not listed on the
National Register of Historic Places. As such, the project is subject to review under the plan
review chapter and the standards outlined in Section 38.16.050, Certificate of
Appropriateness. Therefore, the following criteria apply and the project is reviewed under the
following Chapters in the Design Guidelines: Introduction, Chapter 2: Design Guidelines for
all Properties, Chapter 4: Guidelines for Commercial Character Areas, and the Appendix.
Staff finds the development proposal to be in general conformance with the guidelines and
standards.
Sec. 38.16.080 BMC Demolition or movement of structures or sites within the
conservation district.
A. The demolition or movement of any structure or site within the conservation district shall
be subject to the provisions of this article and section. The review procedures and criteria for
the demolition or movement of any structure or site within the conservation district are as
follows:
1. Applications for the demolition or movement of structures within the conservation
district will not be accepted without a complete submittal for the subsequent
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development or treatment of the site after the demolition or movement has occurred.
The subsequent development or treatment must be approved before a demolition or
moving permit may be issued.
The proposed subsequent development is the site plan and building permit applications for
the mixed use building.
2. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as intrusive or neutral elements by the state
historical and architectural inventory, and that are not within recognized historic
districts or in other ways listed on the National Register of Historic Places, shall be
subject to review per articles 19 and 34 of this chapter, and the standards outlined
in 38.16.050. The state historical and architectural inventory form shall be reviewed
and, if necessary, updated by a qualified professional acceptable to the state historic
preservation office to reflect current conditions on the site, prior to the review of the
demolition or movement proposal. The review authority for the demolition or
movement of structures or sites described within this section shall be coordinated with
the larger project when demolition or movement is proposed in conjunction with a
deviation, variance, conditional use permit or planned unit development application.
The Montana Historical and Architectural Inventory form shows this building as an intrusive
element within a potential historic district. The building is not within a recognized historic
district, and the building is not listed on the National Register of Historic Places. As such,
the project is subject to review under the plan review chapter and the standards outlined in
Section 38.16.050, Certificate of Appropriateness.
3. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as contributing elements by the state historical
and architectural inventory, and all properties within historic districts and all
landmarks, shall be subject to public notice. Notice shall be provided in accordance
with article 40 of this chapter. Prior to any final action on the application the review
authority shall receive a recommendation from the historic preservation office; and if
the demolition does not conform to the criteria below a recommendation from the
historic preservation advisory board.
Not applicable. The building is not a contributing element as designated by the state
historical and architectural inventory is not within a historic district, or a designated
landmark.
Zoning Variance Review Criteria – Section 38.35.060 BMC
The location and scope of the requested variance is shown on sheet A100 of the applicant’s
materials. 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
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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 variance request from Section 38.25.020.A BMC to allow smaller parking spaces
accessed by a smaller drive access within the underground parking structure will serve the
public interest by allowing this site to intensify in use as envisioned in the Bozeman
Community Plan and the Downtown Improvement Plan. Allowing a smaller parking module
will enable the development to place some of the required parking within a structure
underneath the proposed building which allows the lot’s surface area to be available for
building development and associated pedestrian, landscape and outdoor open spaces.
Parking underground is a more efficient use of land area, decreases the amount of impervious
area within the City and reduces the demand on the City’s stormwater system. Underground
parking is screened by the building structure and reduces the visual impact of parked
automobiles on the City’s streetscapes. This is especially desirable in the City’s commercial
downtown core, where there is a high level of pedestrian activity. The Development Review
Committee did not identify any public health or safety concerns with the proposed parking
space and drive access reductions. Staff finds that this variance will not be contrary to and
will serve the public interest.
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:
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
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 findings in this section apply to the variance request and are related to hardship and
conditions unique to the property. This review criterion strives to eliminate self imposed
actions and financial considerations from being the source of variance support.
Staff concurs with the narrative response to the variance criteria provided in the application:
“The requested variance is necessary to avoid unnecessary hardship for the following
reasons: The maximum slope allowed for a ramp entering a parking structure is 20%
provided the ramp is either heated or covered. In evaluating how to incorporate a parking
structure on this site it was determined through the site survey that the northwest corner was
the lowest point on the site and thus the only logical location for a ramp to the garage. The
ramp is sloped to the maximum allowed 20% because of constraints in the north/south
dimension of this old existing platted lot configuration. Any other location for the ramp
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would require a steeper and/or longer ramp to access the garage which would further
constrain the site dimensions. With this north/south constraint the parking garage could not
fit if designed to meet the UDC standards of a 26’ two way drive aisle and 20’ stall depths
while maintaining a maximum ramp slope of 20%. However, the parking garage can be
designed to acceptable national parking garage standards of 24’ two way drive aisles and 18’
stall depths and not exceed the maximum ramp slope of 20%. The site would need to be
approximately 10’ longer in the north/south dimension to accommodate a parking garage and
ramp that both meet the UDC standards.”
The underlying lots proposed for redevelopment were platted in the nineteenth century prior
to the concept of structured parking, required parking stall dimensions and zoning standards.
The platted lot dimensions did not anticipate future building code requirements for ramp
slopes and parking lot and stall dimensions.
Staff finds that this variance is related to conditions unique to the property and unnecessary
hardship would result from the enforcement of the literal meaning of the title.
3. Will observe the spirit of this chapter, including the adopted growth policy, and do
substantial justice;
Staff finds that approval of the requested variance will observe the spirit of Chapter 38, the
Unified Development Code as well as the adopted growth policy and do substantial justice. If
approved, the variance enables the redevelopment and intensification of an auto oriented
drive through banking use for a larger, more intensive, mixed use building consistent with the
Downtown Improvement Plan goals for and pedestrian character of the neighborhood and
downtown district. The project is consistent with Bozeman Community Plan goals and
objectives including:
Land Use Principles: Sense of Place-“The preservation and strengthening of the unique
features and building environment which gives a sense of place is important for Bozeman’s
individual identity to continue in the future… The sense of place will be strengthened
through development which fills in existing gaps in the City and helps to reinforce the
compact pattern of historic Bozeman.” (Page 3-3)
Land Use Principles: Urban Density-“Fundamental to the efficient and cost effective
provision of urban services, multimodal transportation oriented development and a compact
development pattern is a concentration of persons and activities…Quality site and
architectural design will materially affect the success and acceptability of urban density and
scale of development.” (page 3-5)
Objective LU-2.3 “Encourage redevelopment and intensification, especially with mixed uses,
or brownfields and underutilized property within the City consistent with the City’s adopted
standards.”
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Objective C-3.2 “Provide for neighborhood focal points to encourage local identity within
the community and provide a place for social interaction. (page 4-5)
Objective ED-1.1”Support business creation, retention, and expansion. Emphasize small
businesses, “green” businesses, and e-businesses.” (page 8-4)
With the exception of the dimensions of parking spaces and drive aisles within the parking
structure, the proposed use and site/building design meets all other Municipal Code
requirements. Staff finds that this variance will observe the spirit of the Bozeman Municipal
Code and the adopted Bozeman Community Plan (growth policy).
APPENDIX -A- PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “B-3” Central Business
District. The intent of the B-3 District is to provide a central area for the community's
business, government service and cultural activities. Uses within this district should be
appropriate to such a focal center with inappropriate uses being excluded. Room should be
provided in appropriate areas for logical and planned expansion of the present district.
The property is designated as “Community Core” in the Bozeman Community Plan. The Plan
indicates that the traditional core of Bozeman is the historic downtown. This area has an
extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal
transportation network, and a rich architectural character. Essential government services,
places of public assembly, and open spaces provide the civic and social core of town.
Residential development on upper floors is well established. New residential uses should be
high density. The area along Main Street should be preserved as a place for high pedestrian
activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are
drawn from the entire planning area and beyond. The intensity of development is high with a
Floor Area Ratio well over 1. Future development should continue to be intense while
providing areas of transition to adjacent areas and preserving the historic character of Main
Street.
APPENDIX -B- 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
and notice was posted on site. Notice was published in the Bozeman Daily Chronicle on
October 5 and 12, 2014. The Commission continued the application at the November 10,
2014 meeting to December 8, 2014. No public comment has been received. Any comment
received following issuance of this report will be forwarded to the City Commission for
consideration at the public hearing.
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APPENDIX-C- OWNER INFORMATION AND REVIEWING STAFF
Owner: Mendenhall Partners, LLC, 20 N. Tracy Avenue, Bozeman, MT 59715
Applicant/Representative: CTA, 411 East Main St., Suite 101, Bozeman, MT 49715
Report By: Brian Krueger, Development Review Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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MDSHEET WORK NOTESLOCATION OF NEW 1500KVA PAD-MOUNT SERVICE TRANSFOMRER (BYNORTHWESTERN ENERGY).RECESSED STEP LIGHT WITH FULL CUT-OFF DISTRIBUTION.RECESS LUMINAIRE IN OVERHANG ABOVE.UTILITY ELECTRICAL METER (BY N.W.E.). PROVIDE METER BASE INACCORDANCE WITH N.W.E. STANDARDS, WITH 1" CONDUIT & PULL STRINGTO C.T. COMPARTMENT IN MAIN SWITCHBOARD.SECONDARY SERVICE CONDUITS/CONDUCTORS. REFER TO RISERDIAGRAM FOR FURTHER INFORMATION.MOTION DETECTOR LIGHTING CONTROL FOR RAMP LIGHTING.1234GENERAL NOTESALL LUMINAIRES ON THIS SITE ARE FULL CUT-OFF TYPE, IN ACCORDANCEWITH THE REQUIREMENTS OF THE CITY OF BOZEMAN.FULL PHOTOMETRIC AND SITE LIGHTING TRESPASS CALCULATIONS WILLBE PROVIDED WITH PERMIT DRAWINGS UPON COMPLETION OF DESIGN.CALCULATIONS WILL PROVIDE EVIDENCE THAT THIS DESIGN ADHERES TOTHE REQUIREMENTS OF BOZEMAN CITY LIGHTING SPECIFICATIONS, ASWELL AS IESNA/DARK SKY ASSOCIATION MODEL LIGHTING ORDINANCEFOR LIGHTING ZONE 'LZ2'.COMPLY WITH 2011 NEC AND ALL APPLICABLE LOCAL & STATE CODES.SHARED NEUTRALS ARE NOT ALLOWED ON SINGLE-PHASE CIRCUITS.1.2.3.4.56PROPOSED RE-ROUTING OF NORTHWESTERN ENERGY OVERHEADPOWER.PROPOSED LOCATION OF RELOCATED OVERHEAD POWER POLE.POLE-MOUNTED LUMINAIRE SHALL BE PROVIDED WITH BREAKAWAYBASES, PAINTED HUNTER GREEN (RAL #6005), AND BE MINIMUM 33,000LUMENS, IN ACCORDANCE WITH THE REQUIREMENTS OF THE CITY OFBOZEMAN LIGHTING SPECIFICATIONS. LUMINAIRE SPACING SHALL NOTEXCEED 200'-0".78912345678910ABCEFGHIN. Tracy Ave.E. Mendenhall StreetEXISTING NORTHWESTERN ENERGYOVERHEAD LIGHTING POWER FEEDTO BE REMOVED.EXISTING OVERHEAD POWER LINES TO BEBURIED & RE-ROUTED AS NECESSARY BYNORTHWESTERN ENERGYEXISTING UNDERGROUNDUTILITY POWER TO REMAINEXISTINGUNDERGROUNDPOWER TO EXISTINGSTRUCTURE TO BEREMOVED ENTIRELY.EXISTING BURIED FIBEROPTIC CABLE TO REMAINAPPROXIMATE LOCATIONOF MAIN ELECTRIC ROOMEXISTING MAIN STREET LIGHTINGLUMINAIRE TO BE REMOVED.EXISTING FIBER OPTICHAND HOLE TO REMAINEXISTING OVERHEAD POWER LINESTO BE RE-LOCATED AS NECESSARYBY NORTHWESTERN ENERGYEXISTINGUNDERGROUNDCOMMUNICATIONSSTUB-OUT & SERVICECONDUCTORS TO BEREMOVED ENTIRELY.EXISTINGCOMMUNICATIONSMANHOLE TOREMAINEXISTING BURIED FIBEROPTIC CABLE TO REMAINEXISTING BURIED FIBEROPTIC CABLE TO REMAINEXISTING FIBER OPTICHAND HOLE TO REMAINEXISTINGUNDERGROUNDCOMMUNICATIONSTO REMAINEXISTING OVERHEAD POWER LINESTO BE RE-LOCATED AS NECESSARYBY NORTHWESTERN ENERGYEXISTING UTILITY POWERPOLE TO BE REMOVEDEXISTING UTILITY POWERPOLE TO BE REMOVEDREFER TO 1/E201 FORRECESSED OVERHANGLIGHTING, FOR FUTUREBANK TENANT DRIVEAISLER2R2R2R2R2222226R2 R2R222R2R2R2R2R2R2 R2R2R2R2R2R2R2R2R2R2 R222R2R1R1R1R1R1R1R1R1R1R1R1R1R15513333333EXISTING NORTHWESTERN ENERGYOVERHEAD LIGHTING POWER FEEDTO BE REMOVED.2222OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP75878PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINES1S199R2R22RCHECKED BY:CTA #DATE:DRAWN BY:SHEETCTA INC.ALL RIGHTS RESERVEDNOT FOR CONSTRUCTION - PRELIMINARY DESIGNASMSLWHOMEBASE_FPL:\ELECTRICALSITE PLANE100BOZEMAN, MTMENDENHALL MIXED USE5 WEST MENDENHALL ST.COPYRIGHT 2014REVISIONS 1" = 10'-0"E1001ELECTRICAL SITE PLANNORTH REF318
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CERTIFICATE OF APPROPRIATENESS SUBMITTAL CITY OF BOZEMAN, MONTANA
ADJOINER’S LIST
James & Sandra Cummings
111 N Tracy Ave
Bozeman, MT 59715-3523
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
Daniel & Richard Kilbride
2849 WestWood Dr
Billings, MT 59102-2655
Steel Dillinger
P.O. Box 1613
Bozeman, MT 59771-1613
Richard & Marcia Matheson
2060 271st St.
Eldridge, IA 52748-9452
Prospect Partners LLC
404 S Tracy Ave Apt 4
Bozeman, MT 59715-5274
Marvin & Helen Alexander
3300 Graf St. Unit 3
Bozeman, MT 59715-7171
Andrew Varela
P.O. Box 1525
Bozeman, MT 59771-1525
ETXEA Hospitality LLC
P.O. Box 370
Buffalo, WY 82834-0370
PKS Investments 2/3INT
James Kommers
Robert Planalp
Steven Reida
Southside Property LLC
P.O. Box 1
Bozeman, MT 59771-0001
South Side Property LLC
Wake Up Inc
1019 E Griffin Dr
Bozeman, MT 59715-2259
G25 Holdings LLC
P.O. Box 1109
Bozeman, MT 59771-1109
Kenyon Noble
P.O. Box 1109
Bozeman, MT 59771-1109
Hines Buildings Limited Partnership
Store #1552
Chicago, IL 60606-0116
High Country Mall LLC
P.O. Box 127
Harrison, MT 59735-0127
State of Montana
General Delivery
Helena, MT 59601-9999
Montana Buds
14 E Mendenhall
Bozeman, Mt. 59715
Pape and Griffith LLC
26 E Mendenhall
Bozeman, Mt. 59715
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CERTIFICATE OF APPROPRIATENESS SUBMITTAL CITY OF BOZEMAN, MONTANA
Big Sky Appraisal Services
26 E Mendenhall
Bozeman, MT 59715
Massive
30 E Mendenhall
Bozeman, MT 59715
Envi
30 E Mendenhall
Bozeman, MT 59715
Pure Barre
34 E Mendenhall
Bozeman, MT 59715
Mint Dental Studio
40 E Mendenhall
Bozeman, MT 59715
Think Tank
33 N Black
Bozeman, MT 59715
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PRELIMINARY SITE PLAN/CERTIFICATE OF APPROPRIATENESS (COA) SUBMITTAL CITY OF BOZEMAN, MONTANA
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Executive Summary:
This Preliminary Site Plan and Certificate of Appropriateness application is for the former American Federal
Bank building located at 5 West Mendenhall. This application proposes a new five story mixed use
commercial and residential building. The applicant proposes using approximately 59,491 square feet as
commercial, 39,844 square feet as residential and 19,589 square feet for underground parking. All future
uses within this mixed use building will be as allowed in the B-3 zoning district and will be verified as part of
future tenant improvement applications. For parking and other calculations, the building is preliminarily
proposed to be used as follows: 59,491 square feet for office and 39,841 square feet for residential (29
residential units).
Due to existing site constraints, one variance has been requested as part of this application. The requested
variance is to Section 38.25.020.A of the BMC to allow slightly reduced parking dimensions for the
underground parking structure as addressed in the variance section of this report below.
A request is also being made (under Section 38.16.080.A.1 BMC) to allow demolition of the existing bank
building to commence following preliminary site plan and certificate of appropriateness approval by the City
Commission and submittal of a concurrent final site plan and building permit application for the project.
Variance:
Variance Description:
The variance request is to Section 38.25.020.A. The variance requested is to allow the subgrade
parking under the proposed building to use drive aisle widths and stall depths consistent with
acceptable national standards for parking structures, which are 24’ for two way drive aisles and
18’ for stall depths. The Bozeman UDC requires 26’ for two way drive aisles and 20’ for stall
depths, which is generally understood to be standard dimensions for surface parking lots.
Justification, in writing of section 38.35.060.C.1, 2, 3;
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:
1. Will not be contrary to and will serve the public interest;
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This variance will not be contrary to and will serve the public interest in that the proposed parking
garage meets acceptable national standards for parking structure dimensions. In addition, the
proposed parking garage is designed to meet or exceed the parking dimensions for other such
structures within the City, including the Bridger Peaks Parking Garage, and this public structure,
to the best of our knowledge, has not been contrary to and has served the public interest.
In addition, the parking structure will be sprinklered for fire suppression and must be designed to
meet all adopted fire and building codes.
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:
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
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 requested variance is necessary to avoid unnecessary hardship for the following reasons:
The maximum slope allowed for a ramp entering a parking structure is 20% provided the ramp is
either heated or covered. In evaluating how to incorporate a parking structure on this site it was
determined through the site survey that the northwest corner was the lowest point on the site and
thus the only logical location for a ramp to the garage. The ramp is sloped to the maximum
allowed 20% because of constraints in the north/south dimension of this old existing platted lot
configuration. Any other location for the ramp would require a steeper and/or longer ramp to
access the garage which would further constrain the site dimensions. With this north/south
constraint the parking garage could not fit if designed to meet the UDC standards of a 26’ two way
drive aisle and 20’ stall depths while maintaining a maximum ramp slope of 20%. However, the
parking garage can be designed to acceptable national parking garage standards of 24’ two way
drive aisles and 18’ stall depths and not exceed the maximum ramp slope of 20%. The site would
need to be approximately 10’ longer in the north/south dimension to accommodate a parking
garage and ramp that both meet the UDC standards.
There is also an “after the fact imposition of additional regulations on previously lawful lots”
factor. The applicant has worked diligently to design a modern mixed use building, which will
include significant residential development in the Downtown, in compliance with all other City of
Bozeman adopted zoning standards on old platted City lots. This type of urban infill
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redevelopment in the older parts of the City pose special site and design challenges. The
requested variance is the minimum relief needed to achieve the project goals.
3. Will observe the spirit of this chapter, including the adopted growth policy, and do
substantial justice;
This project and needed variance will achieve one of the primary principles of the Growth Policy
(Bozeman Community Plan) which states that “infill development and redevelopment which
encourages the efficient utilization of land and existing infrastructure is preferred” (p. 3-6). It will
also address Growth Policy Objective LU-3.3 to “encourage a traditional mix of diverse
commercial and residential uses within the downtown to instill an active atmosphere and twenty-
four hour presence.”
This project is also located within the “North Village” area (p. 16) of the Downtown Bozeman
Improvement Plan where significant residential housing is specifically promoted. This project will
provide such housing on a previously underutilized downtown parcel.
Site Plan Checklist Narrative:
(Items checked No or N/A)
A. Design Review Board (DRB Site Plan Review Threshold:
3. No exterior storage of materials or goods is proposed.
4. Only 56 new vehicular parking spaces are proposed within an underground parking structure.
B. General Information:
13. The applicant is not submitting for subdivision preliminary plat approval and new now streets, roads
or alleys are proposed.
14. A geotechnical investigation for the site has been ordered and is expected to be completed within
the next few weeks. The geotechnical reports that were completed for Block M and G in proximity to
this site did not reveal any significant concerns for this area for this type of project.
16. No temporary facilities or sales offices are proposed.
17. A Noxious Weed Management and Revegetation Plan is not required. All site construction areas not
paved are to be landscaped as shown on the Planting Plan.
18. No new Property Owners Associations or Covenants are proposed.
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C. Site Plan Information:
8. a-d.: No surface waters exist or are proposed.
10. a-c.: No drainageway areas exist or are proposed.
11. No rock outcroppings or significant topographic features exist on-site. Existing and proposed
contours are shown on the site plan. No slopes greater than 25% are proposed.
13. The project is designed as compliant with ADA
15. Exterior signs – a sign permit will be submitted for by the Owner at a later date for a “The
Mendenhall” sign on the South side of the Building as shown on the exterior building elevations.
Address numbers will be around the vestibules to match Bozeman’s other downtown buildings. At
this time we will not be assigning or designating exterior signage.
20. There are no unique natural features, significant wildlife areas, or vegetative cover.
22. The property is well within the City limit boundaries with no applicable lines to show
24. The site is not designated historically significant.
25. There are no major public facilities on or immediately adjacent to this site.
26. Due to the B-3 zoning of this project, the parkland dedication requirements for the 29 residential
units will be satisfied via the “cash donation in lieu of land dedication” requirements of Section
38.27.030.A.3 of the BMC.
27. The affordable housing provisions of the BMC remain suspended.
D. Landscape Plan Information:
3. There are no significant natural or water features on the site.
6. N/A There are no watercourses
8. N/A All parking to be under ground or street side parking
9. N/A There will be no existing trees left on the site.
20. No watercourses areas exist or area proposed on-site.
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COA Checklist Narrative:
(Items checked No or N/A)
A. Entryway Corridor Overlay District Information:
2. The site is not designated historically significant.
5. The project is not proposed to be phased.
6. No specific/additional information has been requested by the Planning Department.
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Date: 11/06/14
Re: Mendenhall Mixed-Use Design Revisions
Dear Mr. Krueger,
Below is a concise description of design review items that have been addressed as revisions to the
Mendenhall Mixed-Use building design. 1. Articulation of the building façade. A six foot recess has been added at the main entry on the south elevation to break up the scale and mass of the building. The stepping brick elements at the southeast
corner also add vertical articulation with strong, traditional forms. A 2' variation between brick and glass across every elevation provides further articulation of the building façade. Reveals have been added to the EIFS/Metal panel areas to further break up the mass of the building.
2. Opportunities for pedestrian seating along Mendenhall. The building has been pushed north 3' giving approximately 17' for sidewalk area to allow a more generous opportunity for tenants to provide open
seating along the south. This will also provide a more pleasant boulevard experience for pedestrians walking along Mendenhall. 3. Solid to void ratio of windows. The window proportions have been refined to offer a consistent rhythm
across the facades. Proportions between large commercial storefront glazing at the first and second floors compliment the proportions of glazing at the third, fourth, and fifth floors. Glass in the brick façades
is recessed approximately 2' and glass in the facades above is recessed approximately 1' to add depth and interest to the building forms.
4. Additional use of masonry. Masonry has been added to exterior elements of the building to reflect a
higher level of quality and permanence. Metal panels are being considered for use in lieu of EIFS. More glass has been added overall to further reduce the areas of EIFS.
5. Additional glass at the first floor. Larger areas of storefront glazing have been added to the first and
second floors to strengthen the commercial appearance and pedestrian streetscape of those floors.
6. The overall color palette has been lightened. The masonry and EIFS/Metal panel colors have both been lightened to address concerns that the building was too dark. The tint of glass has also been
changed to a more transparent glass to further address concerns of dark building elements.
If you have any questions concerning the above or need additional information, please feel free to contact me.
Sincerely,
Jimmy Talarico CTA Architects Engineers
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