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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. 119 UNRESOLVED ISSUES: As identified by the City Commission. FISCAL EFFECTS: None identified. Attachments: Applicant’s submittal materials Report compiled on: July 17, 2015 120 121 122