HomeMy WebLinkAboutA1. Bozeman School District
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
Wendy Thomas, Director of Community Development
SUBJECT: Bozeman School District – Willson School Parking Lot
Exemptions – 15017
MEETING DATE: August 3, 2015
AGENDA ITEM TYPE: Other Public Hearing
RECOMMENDATION: The City Commission receives the parking lot modifications and
conducts a public hearing on the exemptions the School District is claiming under M.C.A.
Section 76-2-402. (Other than conducting a public hearing, no official motion is required by the City Commission).
BACKGROUND: The Bozeman School District has submitted a further
development/modification permit to expand the Willson School parking lot at 404 West Main
Street and is claiming an exemption under Montana Code Annotated (M.C.A.) Section 76-2-402
for the expansion of the parking lot. The parking lot design is proposed to not meet three standards required in the Unified Development Code:
Montana law (M.C.A. Section 76-2-402) addresses the relationship of municipal zoning
regulations to a school district’s use of land. The law requires a public hearing whenever land is
to be used contrary to zoning regulations. The statute expressly provides that a municipality “shall have no power to deny the proposed use but shall act only to allow a public forum for
comment on the proposed use.” The School District has historically sought exemptions from
miscellaneous zoning or development standards and the requirement for a public hearing before
the City Commission on such exemptions was specifically included in the 2012 Interlocal
Agreement executed between the School District and the City.
In this regard, the School District is claiming an exemption to the Bozeman Municipal Code for:
1. Section 38.26.050.C2 which requires that no parking stall be located more than 90 feet from the trunk of a tree; 2. Section 38.26.050.C.e which requires 20 square feet of landscaped area within the parking lot for each off-street parking stall; and
3. Section 38.23.080.H which dictates the shape, grades and plant materials for
stormwater retention/detention facilities.
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UNRESOLVED ISSUES: As identified by the City Commission.
FISCAL EFFECTS: None identified.
Attachments: Applicant’s submittal materials
Report compiled on: July 17, 2015
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