HomeMy WebLinkAbout2002-07-22 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 22, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, July 22, 2002, at 1:30 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City
Attorney Paul Luwe and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Signing of Notice of Special Meetinq
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Minutes - January 18, 2000, and May 13, May 20, July 15 and July 16, 2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of July 16, 2002, be approved as submitted and that the minutes of the meetings of May 20
and July 15, 2002, be approved as amended. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner
Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13,
2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3525 - intent to sell surplus item from the Wastewater
Treatment Plant to another qovernmental entitv {1982 Biq A biosolids injector)
COMMISSION RESOLUTION NO. 3525
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO SELL A
CERTAIN SURPLUS ITEM FROM THE WASTEWATER TREATMENT PLANT TO A
COUNTY OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA.
Ordinance No. '1568 - annexinq east side of South 9th Avenue from West Babcock
Street south to the alley between West Babcock Street and West Olive Street
into the Bozeman Hiqh School neiqhborhood parking district; finally adopt
ORDINANCE NO. 1568
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING
SUBSECTION A OF SECTION 10.32.396 PERTAINING TO THE AREA DESIGNATED AS
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THE BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL PARKING DISTRICT TO
INCREASE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT, PURSUANT TO
SUBSECTION N OF SECTION 10.32.396, WHICH CREATES THE PROCEDURE FOR
REVISING THE BOUNDARIES OF THE BOZEMAN SENIOR HIGH SCHOOL
RESIDENTIAL PARKING DISTRICT.
Authorize City Manager to sign - Lease for property at 2125 North Rouse Avenue to
the Humane Society of Gallatin Valley - three years beginning July 1, 2002
Authorize City Manager to sign - Agreement between the Humane Society of Gallatin
Valley and the City of Bozeman - for impounding of animals for the period
July 1, 2002 through June 30, 2005
Authorize City Manaqer to siqn- Water Pipeline and Access Easement and
Agreement - BarLand, LLC - across Lot 1, Block 110, Northern Pacific
Addition (across Bozeman Creek along north side of Tamarack Street at North
Church Avenue) - for 2002 Water Renovations Project
Request for City sponsorship of Montana Cultural Arts grant applications for the
Emerson Cultural Center and the Bozeman Symphony Society; authorize City
Manager to sign
Approval of Depository Bonds and Pledqed Securities as of June 30, 2002, as
reviewed by Commissioner Brown and Commissioner Cetraro
Award bid - Wastewater Treatment Plant Modifications project - Williams Plumbing
and Heating. Inc., Bozeman, Montana - in the total bid amount of $2,068,500
(base bid plus Alternate 3)
Award bid - resurfacinq of pool at Swim Center- Babbitt Swimming Pool Plasterine.
Inc., Orem, Utah - in the bid amount of $40,000
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietaia, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor
Kirchhoff; those voting No, none.
Concept review - Town and Country Planned Unit Development - to allow demolition of existing
church on property at 2000 South 3rd Avenue and construction of new 35,000-square-foot grocery
store
Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris forwarding
the concept plan for the Town and Country Planned Unit Development on property located at 2000 South
Third Avenue.
Assistant Planner Morris gave a brief overview of the concept plan, which includes demolition of the
existing church on the property located at the southeast corner of the intersection of Kagy Boulevard and
South Third Avenue, and construction of a new 35,000-square-foot grocery store. She noted that the
underlying "B-l", Neighborhood Service, zoning designation allows up to a 5,000-square-foot building
footprint, and the height restrictions allow for a two-story structure. Under this proposed planned unit
development, a store containing a total of 3§,000 square feet is proposed; the 50-foot setback from the
streambank would be provided; and the 30-percent open space requirement would be met.
The Assistant Planner stated that both the Development Review Committee and the Design Review
Board have reviewed this concept plan; and a lengthy list of issues and recommendations is included in the
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written staff report. She indicated that one of the biggest issues seems to be access, including the need
for full access onto both Kagy Boulevard and South Third Avenue to avoid the potential of people driving
through the adjacent residential streets to go south on South Third Avenue.
Ms. Leah Shute, Apogee Architects, stated the proposed building is to be constructed on the
northwest corner of the site, as close to the two street frontages as possible. It is to be constructed on a
32,000-square-foot footprint with 3,000 square feet of office space located on the second level. This project
is designed to preserve 3 acres of the 5+-acre parcel in open space. The vegetation removed for the
building is to be relocated on the site whenever possible. The parking is to be nestled between the building
and the landscape buffer, thus minimizing its visibility. She indicated that access is to be from both streets,
with the access onto South Third Avenue being moved as far south as possible in an effort to ensure full
ingress and egress from that street. She suggested that, rather than increasing the number of vehicle trips,
this grocery store could actually reduce the number of trips since people could stop on their way to or from
work.
Ms. Shute acknowledged that the wetlands on the site are an issue, noting that research suggests
they are the result of man-made drainage. They are researching the floodplain issue at the present time,
and determining how much fill is needed to allow for development under the permit currently on file. She
stressed that the proposed development will be sensitive to the site, including the large aspen grove and
mature trees; and as much of the landscaping as possible will be retained.
Ms. Shute stated that during multiple meetings with the neighborhood, concerns have been raised
about light, noise, building size, and traffic going through the neighborhood if ingress/egress is restricted.
She briefly addressed some of those items, noting that the hours of operation are to be from 7:00 a.m. to
10:00 p.m. seven days a week; and the lights are to be on timers to reduce those impacts. Maintaining as
much of the existing vegetation as possible and possibly adding berms will serve to both buffer the noises
and screen the adjoining residential properties from headlights and other visual impacts.
Mr. Van Bryan, Apogee Architects, addressed the size of the proposed building. He acknowledged
that, at first glance, the building is to be nearly seven times the 5,000-square-foot footprint allowed. He
pointed out, however, that if some of the brush is removed from the site, it could actually accommodate
60,000 to 90,000 square feet of building space. He then indicated that the grocery business requires a
substantial amount of warehouse space which is not accessible to the public; and that results in what
appears to be an exaggerated size. Responding to Mayor Kirchhoff, Mr. Bryan estimated that. two-thirds
of the floor space is available to the public and one-third of the space is used for receiving and storage.
Mr. Bryan distributed copies of the review criteria for planned unit developments and addressed
several of those items. He indicated that use of the linear trail and other means of travel would help to
reduce the number of vehicular trips to this site. He noted that having the building in the northwest corner
of the site, with the parking lot to the south, will allow for flooding on the site without damage to the site or
surrounding properties. He stressed that the proposed building will not be a big square box on a large flat
piece of ground; rather, it is to be designed to move around the existing groves of trees, resulting in smaller
components.
Mr. Jerry Perlinski, President of Town and Country Foods, stated the current Town and Country
store is located on 1% acres, while this site contains 5 acres. He noted that the size of this site is what
allows him to propose a structure with twice the space of the existing facility and still retain two acres of
natural area on the site. He concluded by stating this proposal fulfills the objectives of the Bozeman 2020
Community Plan.
Responding to Commissioner Youngman, Ms. Shute stated the permit on file allows for a majority
of the site to be filled; however, it is their intent to be sensitive to the green spaces and to fill only that portion
of the site absolutely necessary for construction of the proposed building. Mr. Bryan noted it is their intent
to raise the floor level of the building to the minimum height allowed, sloping back to the natural grade as
quickly as possible.
Responding to Commissioner Brown, Mr. Bryan stated that a geotechnical study is needed to
determine if pilings are ncessary or if the building can be constructed on a slab with thickened edges.
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Responding to Mayor Kirchhoff, Ms. Shute stated the traffic study was submitted to her office the
end of last week, and she has not had the opportunity to review it. She then indicated that, since the initial
drawings were submitted, they have identified ways to achieve greater widths at the Kagy Boulevard access
to allow two outgoing lanes and one incoming lane and to open access to the loading docks so that large
trucks can use the Kagy Boulevard entrance without going across the entire site. They are also looking at
the possibility of moving the entrance onto South Third Avenue to the southernmost position available to
allow for full ingress and egress, recognizing that some street striping will be needed. She indicated that
a very preliminary review of the traffic study suggests the South Third Avenue access will be the most
heavily used,
Further responding to the Mayor, Ms. Shute stated that they have also looked at the possibility of
including pinched areas in the parking lot, medians, and dedicated pedestrian facilities to mitigate using the
parking lot as a cut through.
Responding to concerns voiced by Mayor Kirchhoff, Mr. Bryan stated that grocery stores are listed
as a principal use in the "B-I" zoning district.
Commissioner Hietala stated he likes the design of the proposed project. He agreed that the
entrance onto South Third Avenue should be moved as far south as possible, noting that encroachment into
the 50-foot setback from the streambank may be preferable to encroaching onto the intersection of South
Third Avenue and Kagy Boulevard. He recognized that office buildings would generate less traffic and
indicated he would prefer not to see a grocery store of the proposed size on this site. He then indicated his
concurrence with the comments forwarded by the Design Review Board.
Commissioner Youngman stated she strongly supports Town and Country Grocers, including its
store and its policies regarding employees, neighborhoods and the community. She also appreciates the
proposed second story offices in this structure and the care taken in developing a design that takes the
existing vegetation and floodplain into consideration. However, she recognizes the importance of
considering the impacts that this proposed development would have on the adjacent residential area; and
she feels this proposal goes beyond what is anticipated in a neighborhood business area. She suggested,
instead, it would be more appropriately located in the regional commercial area at the intersection of Kagy
Boulevard and South 19th Avenue. She noted that the planned unit development process is designed to
allow for flexibility in exchange for design excellence and protection of the neighborhood; and this proposal
goes well beyond what might be expected. She concluded by stating that, while she supports the business,
she cannot support this proposal
Commissioner Cetraro noted that the "B-I" zoning designation is designed for neighborhood
commercial development. He indicated he is not supportive of the proposed planned unit development in
this instance and would prefer a project that falls into the "B-I" type of development.
Commissioner Brown acknowledged that this site will be developed, and this proposal has been
submitted by a very responsible developer. He voiced his appreciation for the proposal, noting it protects
the stream, and its lack of a full second story helps minimize impacts of light and noise on adjacent
residential properties. He then indicated that the proposed 35,000-square-foot single structure is preferable
to seven 5,000-square-foot inter-connected buildings; and this proposal is much better than the previous
proposal for a 53,000-square-foot building with a second floor. He noted, however, that he cannot squeeze
this proposal into the planned unit development process and, as a result, cannot support it.
Mayor Kirchhoff stated there is much merit in this proposed use on the subject property, particularly
since the south side of town needs a grocery store. However, he feels the proposed 35,000-square-foot
structure is too much given the zoning and surrounding residential area. He then asked the applicant to
consider how much the project could be scaled down and remain viable.
Mr. Pedinski noted that the Commissioners have received a substantial number of negative
comments from the neighborhood, but there is a considerable amount of quiet support for his proposal in
the community. He indicated that he did look at property in the Kagy Crossroads development but found
it was too close to the existing store, and building a second store in a different location was more
economically feasible. He then noted that people have voiced support for a store with more services,
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including a pharmacy; and he had hoped to provide wider aisles in the new store. He then thanked the
Commissioners for the frankness of their comments.
The Commission thanked Mr. Perlinski for the opportunity to review this concept plan.
Break - 2:30 to 2:40 p.m.
Mayor Kirchhoff declared a break from 2:30 p.m. to 2:40 p.m., in accordance with Commission
policy.
Work session - presentation from Dr. Robert Freilich re implementation of development codes
Dr. Robert Freilich, Freilich, Leitner & Carlisle, gave a power point presentation entitled "Bozeman,
Montana Implementing the 2020 Community Plan."
Dr. Freilich noted the Mayor has indicated the City just completed the development and adoption
of the new growth policy, and the question on everyone's mind is how to implement it. He stated that he has
handled over 200 city and county systems and litigated land use takings throughout the United States. The
purpose of this meeting is to determine if he has a role in trying to move the process forward jointly with City
staff.
Dr. Freilich stated he has read the City's new growth policy and has identified some areas of
concern. These include the city's regional future; how the city will grow through annexation; relationships
with other service providers, including the County and the School District; and impacts from existing and
future legislative changes. He suggested that a joint partnership with the County could result in a fiscally
conservative program that helps the City with annexation and helps the County preserve agricultural land
and the rural environment. He characterized these issues as quite common, noting that it is easier to
address them when a county is the driving force rather than a city trying to seek cooperation. He then
identified other issues that need to be addressed, including compatibility and fiscal resources.
Dr. Freilich stated that not requiring development to pay its legitimate capital facility costs has
resulted in shifting those costs to the existing community, and the result is now a need for over $4 trillion
in national infrastructure needs. He characterized sprawl as a conservative fiscal issue, particularly since
it creates enormous costs. He encouraged the City to get the business community involved in the creation
of a successful economic city.
Dr. Freilich stated that in the planning process, goals, objectives, policies and strategies are to be
created. He then turned his attention to plans for development of a community, which include congestion
management. He noted that Minneapolis/St. Paul has the lowest density of a large city in the United States,
with 1 million people in the 180-square-mile core of the cities and an additional 1 million people in the 560
square miles surrounding that core. He stated that through the implementation of additional costs for
developing further outside the core area, communities can encourage denser development closer to the
core of the city, thus reducing development costs. He then provided examples of other types of planning
in different communities, citing transportation corridors as another alternative.
Dr. Freilich identified several questions and issues to be addressed in the planning process,
including the types of neighborhoods that are desired. He also identified the various components in the
costs of creating affordable housing, stressing that writing down the cost of land is an important element in
a successful program. He then turned his attention to infill development and addressing the concerns raised
by the surrounding developed area.
Dr. Freilich concluded his presentation by noting that Bozeman has unbelievable opportunities, with
its natural environment and the University to attract economic development.
Mayor Kirchhoff thanked Dr. Freilich for his presentation, noting he submitted a tremendous amount
of information in one brief presentation. He identified three compelling issues, however, including the need
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for better development inside city limits, preservation of lands considered as critical, and public/private
partnerships as a way to enhance opportunities.
Commissioner Brown noted that changing the environment at the County level is essential in the
process of attaining cooperation. He also noted that changes in State statutes would help to address some
of the City's concerns regarding issues such as septic systems and building inspections outside city limits.
Dr. Freilich suggested that the key to working with the County is to begin step by step in limited fiscal
ways to demonstrate the need to adopt certain policies and to promote a city/county growth area and
patterns of development. He stressed that through specific programs which reflect fiscal savings, a City
can start to make progress in gaining cooperation from a County.
Responding to Mayor Kirchhoff, Dr. Freilich stated he does not work on a long-term contract for a
specified amount; rather, he works on a specific issue or task with identified benchmarks and standards to
ensure that the arrangement is working for both parties. He stated that Bozeman needs a zoning ordinance
and subdivision regulations that tie the capital improvement program into the development process; and his
function would be not to write those documents, but to work with staff to identify desired techniques and
what is legally defensible. He then noted that, when writing regulations to encourage neotraditional
development, it is important to start with little successes rather than with the fights. He then indicated that
economic development and the capital improvement program are important elements, characterizing the
capital improvement program as an investment rather than a cost.
Further responding to the Mayor, Dr. Freilich suggested that working with the farmers and their
bankers to find economic alternatives to selling their land could remove a significant impediment to the City
and County working cooperatively. He then stressed that Bozeman must protect its regional stake in the
valley, characterizing Bozeman as a central city.
In response to comments from Mayor Kirchhoff, Dr. Freilich stated that Bozeman is reaching a
critical point in its growth, indicating that he would be willing to work with the City over the next two to three
years, on no more than a quarter-time basis, on the key issues for implementation of the new growth plan.
Responding to questions from Commissioner Youngman, Dr. Freilich stated that affordable housing
cannot be adequately provided through set aside programs. He noted that one of the essential items in
creating a successful project that includes affordable housing is that no one knows the economic
circumstance of others in the project. He indicated that many different techniques need to be employed to
generate affordable housing units, and stressed that the program must include Iow-income and moderate-
income units in addition to very Iow-income units to be successful. He also indicated that 6 to 8 percent
affordable units is much more realistic than the 15 percent typically sought. He then noted that upper end
communities seem to be more successful at providing affordable housing, citing Boulder and Durango,
Colorado, and Scottsdale and Glendale, Arizona, as examples.
Mayor Kirchhoff thanked Dr. Freilich for his presentation and discussion.
Break - $:00 p.m. to 5:10 p.m.
Mayor Kirchhoff declared a break from 5:00 p.m. to 5:10 p.m., in accordance with Commission
policy.
Presentation from Municipal Court Judqe Patricia Kyle Carlson re requested salary adjustment
Included in the Commissioners' packets were copies of a memo from Judge Carlson dated February
27, 2002, and the Fiscal Year 2001-2002 Annual Report for the Municipal Court.
Municipal Court Judge Patricia Kyle Carlson requested a $16,000-per-year salary increase, noting
that would bdng her salary in line with the salaries of the five other municipal judges in the state. She also
noted the salary would be reasonable in light of her experience as a lawyer for 29 years and as Bozeman's
City Judge and Municipal Judge for the past 6~ years. She cited the increased efficiency and effectiveness
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of the court as a reflection of her administration and supervision. She noted that, prior to her becoming
Judge in 1996, court revenues ranged around $400,000 annually; and since she started, the revenues have
increased approximately $120,000 per year, to just under $1 million this past fiscal year. She attributed this
increase not so much to the increase in citations but to a more effective approach to the collection of fines.
At Mayor Kirchhoffs request, Judge Carlson identified three significant changes in the court. She
noted that the court budget has not increased substantially over the past 6~ years. Through the
implementation of the full court computer system in April 2001, however, the method of handling tickets and
dispositions has been significantly changed; and either she or the clerk can enter the information into the
system while seated in the courtroom. She indicated that with this computer system, she can now provide
statistics at any level desired, generating reports not previously available. The second item is the change
in the approach to summons, warrants and collections. Making examples of defendants in the courtroom
has encouraged others to comply with sentencing requirements, and publishing the list of those with
outstanding warrants in the newspaper once a month has served as an additional deterrent to allowing
outstanding warrants to remain. The third item is exercising other options to get the attention of the
offender, including suspending a driver's license even when the license is from out of state.
Judge Cadson noted that over 19,000 matters were handled by her court last year, with 6,000 to
7,000 of those being handled in court. She indicated that with the changes she has made, there are more
pleas and fewer jury trials and fewer judge trials.
Commissioner Brown noted that the detailed breakdown reveals that substitute judges were paid
for 43 days last year, and asked how many days have been used on average. The Judge responded that
she is rarely sick, ten days are for mandatory training, she sometimes encounters conflicts, and she
occasionally has a substitute judge come in to handle a portion of the workload because there is not
adequate time to meet the six-month statute of limitations. She then indicated that she does not keep track
of her absences, suggesting that as long as the court is running smoothly, that is not necessary.
In response to Commissioner Youngman, Judge Carlson stated that the number of cases handled
in Bozeman annually is comparable to Kalispell and Billings.
Mayor Kirchhoff thanked Judge Carlson for her presentation and indicated that this item will be
placed on a future agenda for discussion and possible action.
Appointment of Bozeman Alcohol Policy Advisory Council
Included in the Commissioners' packets were a copy of the information previously submitted by
Betsy Webb, Institute for Public Strategies, and e-mails from Commissioner Youngman and Commissioner
Brown forwarding suggested members.
Commissioner Youngman noted it has been determined that two high school students are needed
on a board largely comprised of adults so they don't feel intimidated.
Commissioner Brown indicated that he has suggested Don Frye as a representative of the bar
owners but has not approached him about his willingness to serve.
As a result of discussion, the Commissioners identified beer distributors as a group to be
represented, but they had no suggestions for a possible member on this committee.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the following be
appointed to the Bozeman Alcohol Policy Advisory Council:
Department of Public Safety
MSU student
Restaurant owner
Gallatin County
Institute for Public Strategies
Medical
Deputy Director of Public Safety Bill Kayser
Jami Brogan
Cada Hill
Dave Douglass, Alcohol and Drug Services of Gallatin County
Betsy Webb
Dr. Bill Robinson, emergency room physician
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Bar owner
Beer distributor
High school students (2)
Business
Liz Grenier
Jamie Cornish, Bozeman Business and Professional Women
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner
Cetraro.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Commissioner
Youngman be appointed as Commissioner Liaison to the Bozeman Alcohol Policy Advisory Council. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting
No, none.
Recess - 5:35 p.m.
Mayor Kirchhoff called a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of
completing the routine business items and conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m.
Request for direction re use of CTEP funds for Soroptimist Park landscapin.q and improvements
Included in the Commissioners' packets was a memo from CTEP Coordinator Karin Caroline
forwarding information on the single bid received for reconstruction of the Opera House/City Hall arch and
re-landscaping of Soroptimist Park, located at the southwest corner of the intersection of South Rouse
Avenue and East Main Street.
CTEP Coordinator Caroline gave a brief overview of the Community Transportation Enhancement
Program (CTEP) and noted that in 1999, the City's application for monies to upgrade the Soroptimist Park
was approved. The project included the reconstruction of the original entrance to the old City Hall/Opera
House, which sat on that site. The original application was for $115,000; however, estimates revealed the
project would cost substantially more, and the Commission approved an additional $90,000 for the project.
Bids were opened on June 25, and the base bid for the only bid received was $292,000 with the overall bid,
including all of the schedules, totaling $374,000.
In light of the amount of the single bid received, CTEP Coordinator Caroline requested Commission
direction. She suggested that options include increasing the budget for either the base, the total bid or a
portion of the schedules; revising and rebidding the project to include the arch only; revising the project to
include landscaping only; o.r allowing reconstruction of the arch on another site, such as the new library site.
Responding to Mayor Kirchhoff, the Coordinator stated that the list of current CTEP projects is in
order of submittal to the Montana Department of Transportation. She confirmed that the Commission could
choose to reallocate some or all of the monies from those projects to this project.
Mayor Kirchhoff voiced his interest in redevelopment of the subject site and, as a result, suggested
that the arch should not be reconstructed on this site.
Commissioner Youngman noted that this park is the only tiny bit of open space in the downtown
area, and suggested that opening the creek along it could further enhance the site. She noted that
reconstruction of the arch on this site would further contribute to the park's distinctiveness; however, she
has difficulty in justifying the costs of doing so. She reminded the Commission that reconstruction of the
arch was included in the project in response to substantial community input, but she is uncertain about the
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strength of that sentiment when compared with all of the other projects on the list. She then indicated that
the bid should be rejected.
Commissioner Brown stated he, too, would support rejecting the bid, noting he cannot justify
spending $300,000 on this small park.
Commissioner Hietala indicated support for rejecting the bid, and indicated he would like to see the
arch erected on Main Street in a location where it is visible.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the bid for the
Soroptimist Park project be rejected and that this item be brought back for further discussion. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner
Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none.
Request for direction to City staff re solid waste transfer station site task force rankings
City Manager Johnson asked the Commissioners if they want the solid waste transfer station task
force to score the Empire site or any other sites and if they want staff to continue with the gathering of
financial data on the top sites that have been selected.
Mayor Kirchhoff suggested that the task force be asked to score the Empire site, but that the
consultant not be asked to proceed with the economic study until that process has been completed.
Responding to questions from the City Manager, a majority of the Commissioners indicated support
for allowing the task force to also score other sites previously identified but not scored at the same time as
it scores the Empire site to give the Commission a greater pool from which to choose.
Public hearinq - Minor Site Plan with Certificate of Appropriateness - Springer Group Architects for
Steve and Susan Homec - allow construction of a 7,647-square-foot two-story office buildinq on
Lots 21 and 22, Amended Plat of Maple Terrace Subdivision, with deviations from Sections
18.26.050 and 18.$0.060.C.2., Bozeman Municipal Code, to allow structure to encroach 5 feet into
the required 2S-foot front yard setback and 4 feet into the required 20-foot rear yard setback {702
North 19th Avenue) (Z-02113)
This was the time and place set for the public hearing on the Minor Site Plan with Certificate of
Appropriateness, as requested by Springer Group Architects for Steve and Susan Homec underApplication
No. Z-02113, to allow construction of a 7,647-square-foot two-story office building on Lots 21 and 22,
Amended Plat of Maple Terrace Subdivision, with deviations from Sections 18.26.050 and 18.50.060.C.2.
of the Bozeman Municipal Code, to allow the structure to encroach 5 feet into the required 25-foot front yard
setback and 4 feet into the required 20-foot rear yard setback. The subject property is located at 702 North
19th Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant PlannerSusan Kozub presented the staff report. She noted the subject property is located
along the east side of North 19th Avenue, north of its intersection with Durston Road. The applicants are
proposing the construction of a two-story office building which encroaches into both the front and rear yard
setbacks. She indicated that staff has reviewed this application in light of the applicable criteria, and staff's
comprehensive findings are contained in the written staff report. She briefly highlighted those findings and
the conditions they have recommended for approval of this application.
Mr. Lowell Springer, architect representing the applicants, showed the Commission a sample board
of the materials to be used on the exterior of the building. He indicated that they are in general agreement
with the staff's recommended conditions, except for Condition No. 7, which requires wainscot around all four
sides of the building. He asked that, given the change in grades on the site, the applicants be allowed the
latitude to work with staff on the possibility of breaking the wainscoting on the south side of the building to
create an elevation that is pleasing.
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10-
Mr. Marco Ferro, 705 Blackmore Place, spoke in support of the project, noting that his property
abuts this site, and the fill has brought it up to the top of the eight-foot-high fence around his property.
Responding to Mayor Kirchhoff, Assistant Planner Kozub stated the Design Objectives Plan
addresses the appearance of key elevations, and the south elevation is visible when traveling on North 19th
Avenue. She suggested that stopping the stone along a portion of the elevation could result in an awkward
appearance.
Responding to Commissioner Brown, Mr. Springer stated he feels that allowing the .applicants to
workwith staffwill result in meeting the requirements of the Design Objectives Plan, and he is rumply looking
for flexibility in trying to find an acceptable alternative of which staff would approve.
No one was present to speak in opposition to the application.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Itwas moved by CommissionerYoungman, seconded by Commissioner Hietala, that the Minor Site
Plan with Certificate of Appropriateness, as requested by Springer Group Architects for Steve and Susan
Homec underApplication No. Z-02113, to allow construction of a 7,647-square-foot two-story office building
on Lots 21 and 22, Amended Plat of Maple Terrace Subdivision, with deviations from Sections 18.26.050
and 18.50.060.C.2. of the Bozeman Municipal Code, to allow the structure to encroach 5 feet into the
required 25-foot front yard setback and 4 feet into the required 20-foot rear yard setback, be approved
subject to the following conditions:
Per Guideline A. 1, All Corridors, Design Objectives Plan, the applicant shall
incorporate landscaping equivalent to 10 percent of the parking area with planting
areas of at least 300 square feet containing at least one minor tree and groundcover
with irrigation.
Per Guideline A.3, North 19th Avenue, an earthen berm shall be provided along
North 19th Avenue to screen the parking lot. The berm shall be constructed to a
height of three feet, excluding vegetation, with a slope not to exceed 1:4, or 25
percent. A profile of the berm showing the topography in relation to vegetation shall
be provided with the final site plan.
One deciduous boulevard tree shall be planted for every 50 lineal feet of street
frontage. The trees shall be planted four feet on the inside of the property line along
North 19th Avenue.
o
The landscape plan must meet the performance standards outlined in Section
18.49.070.
The stormwater detention ponds and swale shall not exceed 1~ feet in depth and
shall provide a maximum slope of 1:4 or 25 percent.
Per Guideline B.6, All Corridors, the applicant shall verify on the site plan and
exterior elevations the placement of any mechanical, air exchange, and utility
equipment. The method of screening for any equipment shall be delineated on both
the site plan and exterior elevations for review and approval by Planning Staff prior
to final site plan approval.
The wainscot shall extend along the facade, for review and approval by ADR Staff
prior to final site plan approval.
The applicant shall provide a color palette and sample materials board for review
and approval by ADR Staff prior to final site plan approval.
Plans and specifications for any fire service line shall be prepared in accordance
with the City's Fire Service Line Policy by a professional engineer, licensed in the
07-22-2002
-11 -
10.
11.
12.
13.
14.
15.
16.
17.
18.
State of Montana, 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.
A Stormwater Drainage Plan/Treatment Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants from the runoff
from the private and/or public streets must be provided to and approved by the City
Engineer. The plan must demonstrate adequate site drainage (including sufficient
flow directional arrows and spot elevations along drainage courses), stormwater
detention/retention basin details (including basin sizing and discharge calculation
structure details), stormwater discharge destination and a stormwater maintenance
plan. If the grading design discloses any adverse impact to off-site properties,
necessary design alterations and/or drainage conveyance devices and easements
must be provided.
The stormwater drainage/treatment plan shall include a Maintenance Plan which
must be provided to and approved the City Engineer. The plan shall include the
following: description of maintenance operations, frequency of inspections and
maintenance, responsible parties and record keeping methodology.
Wdtten approval of the access onto North 19th Avenue from the Montana
Department of Transportation shall be provided to the Planning Department prior to
final site plan approval.
The location of the domestic water meter with backflow device shall be shown on the
final site plan.
Water and sewer services shall be shown on the site plan, landscape plan, and
paving plans.
The current clay service stub for Lot 21 shall be abandoned and a new stub be
installed to property line at the owner's expense. The plans must show the new stub
before the manhole to property line.
Seven (7) copies of the final site plan containing all of the conditions, corrections
and modifications approved by the City Commission shall be submitted for review
and approval by the Planning Office within six months of the date of City
Commission approval.
A building permit must be obtained prior to the work, and must be obtained within
one year of final site plan approval. Building permits will not be issued until the final
site plan is approved. Minor site surface preparation and normal maintenance shall
be allowed prior to submittal and approval of the final site plan, including excavation
and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A
BUILDING PERMIT IS OBTAINED,
The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. If occupancy of the structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be secured by
a method of security equal to one and one-half times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security shall
be valid for a period of not less than twelve (12) months; however, all on-site
improvements shall be completed by the applicant within nine (9) months of
occupancy to avoid default on the method of security.
This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
07-22-2002
-12-
drawing shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the Zoning
Ordinance.
19.
Per Section 18.50.035.A.3 "Lighting Standards," all exterior lighting shall be
arranged so as to deflect light down and/or away from any adjoining properties and
shall not detract from driver visibility on adjacent streets. Luminaires and lenses
shall not protrude below the edge of the light fixture per Section 18.50.035.A. 1. The
final site plan shall show the location for, and a detail of, any proposed wall mounted
and/or signage lighting. Lighting details must match any lighting depicted on the
elevations.
20.
Per Section 18.49.040.C.3 "Preparation of Landscape Plan," landscape plans shall
be prepared and certified by a registered Montana landscape architect, an individual
with a degree in landscape design and two years of professional design experience
or an individual with a degree in a related field and at least five years of professional
design experience.
21.
Per Section 18.50.110. K, "No parking permitted in required front or side yards," the
hammerhead, as part of the parking lot, may not be located in the side yard setback.
22.
Per Section 18.50.110. B. 11, snow removal storage area shall be provided sufficient
to store snow accumulation on site. The snow removal storage area(s) shall be
clearly depicted on the final site plan.
23.
Per Section 18.49.060.C.2.e, the interior parking lot landscaping shall be designed
to facilitate control and denote proper vehicular circulation patterns. The minimum
width and/or length of any parking lot landscaped area shall be eight feet. The single
parking space perpendicular to the western aisle of parking shall be removed or
separated from the parking aisle by a landscaped area with a minimum width and/or
length of eight feet.
24.
Per Section 18.50.110.F.3 "Disabled Accessible Parking Spaces," a parking lot with
25 spaces is required to have a minimum of one accessible space while a parking
lot with 26 spaces is required to have a minimum of two accessible spaces. The first
accessible space shall have an aisle eight feet wide (rather than five feet) and 18
feet long and shall be signed "Van Accessible."
25.
Per Section 18.50.035.D.2.b, trash enclosures shall be constructed of solid
materials and shall be architecturally compatible with the principle structure. Details
and specifications shall be shown on final site plan.
26.
Per Section 18.50.035.R, the location of the bike rack shall be clearly designated on
the final site plan. Bicycle parking facilities shall be located near the main entrance
to the building.
27.
Per Section 18.65.080, the applicant shall provide a comprehensive signage plan
pdor to final site plan approval. The purpose of the plan is to coordinate graphics
and signs with building design and shall be subject to review and approval by the
Planning Department. The comprehensive signage plan shall be submitted with the
final site plan application.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
07-22-2002
13-
Public hearinq - Preliminary Plat for Broadway Boulevard Minor Subdivision - Delaney & Co., Inc.,
for BRC Investments, LLC - subdivide 33.20 acres described as Lot 1, Amended Plat C-23-At0 into
five lots for commercial and residential development, with variances from Sections 16.16.010.A.,
16.16.080, and t6.14.040, Bozeman Municipal Code, to allow Broadway Boulevard to not be
constructed to the boundary line because of topographical constraints, to allow street to exceed
the 500-foot maximum allowable lenqth for a cul-de-sac, and allow sidewalks to be constructed
prior to occupancy of any structure on individual lots (north of East Main Street and east of
Broadway Avenue) (P-02019)
This was the time and place set for the public hearing on the preliminary plat for Broadway
Boulevard Minor Subdivision, as requested by Delaney and Company, Inc., for BRC Investments, LLC
under Application No. P-02019, to subdivide 33.20 acres described as Lot 1, Amended Plat C-23-A10 into
five lots for commercial and residential development, with variances from Sections 16.16.010.A., 16.16.080,
and 16.14.040 of the Bozeman Municipal Code to allow Broadway Boulevard to not be constructed to the
boundary line because of topographical constraints, to allow the street to exceed the 500-foot maximum
allowable length for a cul-de-sac, and to allow sidewalks to be constructed prior to occupancy of any
structure on individual lots. The subject property is located north of East Main Street and east of Broadway
Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Karin Caroline presented the staff report. She noted that the Commission has
previously seen this as a pre-application for a preliminary plat to subdivide the subject 33.20 acres into five
lots. Lots 1 and 2 are to be zoned "R-O", Residential-Office, while Lots 3, 4 and 5 are to be zoned "R-4",
Residential-High-density. In conjunction with the preliminary plat, the applicant is seeking three variances,
as follows: (1) from Section 16.16.010.A., to construct Broadway Boulevard as proposed and not to the
boundary line to the southeast because of topographical constraints; (2) from Section 16.16.080, to allow
Broadway Boulevard to be constructed as a 1,300-foot-long cul-de-sac street, which exceeds the 500-foot
maximum; and (3) from Section 16.14.040, to allow sidewalks to be constructed prior occupancy of any
structure on individual lots, with the applicant entering into an Improvements Agreement with the City.
The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria,
and stafCs recommendations are contained in the written staff report. She briefly highlighted those findings
and forwarded staff's recommendation for approval subject to thirty conditions. She noted that, if the
variances are granted, the Engineering Department has recommended that a 20-foot-wide all-weather
emergency access, maintained year round, be required from the end of the cul-de-sac to the northwest
boundary of the property.
Assistant Planner Caroline stated that the City Planning Board considered this application at its
meeting of July 2. Following its review, the Board forwarded its recommendation for approval, subject to
the conditions recommended by staff.
Mr. Michael Delaney, applicant, stated that the Northeast Neighborhood Association (NENA) has
been instrumental in the redesigning of this project, to create a product with which they are happy. He
indicated general support for the recommended conditions of approval, asking that the Commission consider
revisions to Nos. 12, 13 and 14. He noted that Condition No. 12 requires that no building permits be issued
for the multi-family lots until the sewer bottleneck is replaced. He indicated that there is no capacity problem
with the sewer main in Broadway Avenue, and asked that all lots be allowed to connect to that sewer
through a pump station installed in the subdivision. He stated that, as soon as the bottleneck in the sewer
main in North Rouse Avenue is resolved, the pump station could be turned off and gravity flow could take
over. Under Condition No. 13, he suggested the boulevard is wide enough to allow vehicles to use only one
side if half of the street is blocked for some reason. He then turned his attention to Condition No. 14, stating
he feels it would be logical to consider that Broadway Boulevard would be off Broadway Avenue. He
indicated, however, that he would be willing to consider a name in keeping with the histodc nature of this
site.
Mr. Christopher Nixon, 719 North Wallace Avenue, spoke in support of the proposal, including the
revisions to conditions that Mr. Delaney has requested. He voiced appreciation for Mr. Delaney working
with the neighborhood to develop this proposal.
07-22-2002
14-
Mr. Jon Gerster, 719 North Wallace Avenue, stated Mr. Delaney has worked with the neighborhood
to address multiple concerns, and he has been remarkably responsive to the concerns raised. He noted
that one of the sticking points for the neighborhood has been the possible extension of Front Street, and
this proposal seems to alleviate those concerns. He suggested that the proposed boulevard should mitigate
the need for a secondary access and concluded by voicing his appreciation for the applicant's efforts to
preserve as much green space as possible.
Mr. Don Bachman, 3910 Sourdough Road, noted he lived in the area and was involved with NENA
when the Cupola proposal was being considered, and he finds this project a vast improvement and very
close to the goals that the neighborhood had originally identified. He concluded by encouraging approval
of the application.
Assistant Planner Caroline responded to the applicant's proposed changes in conditions. She noted
that the intent of No. 12 is to allow building on the front two lots prior to the sewer bottleneck in North Rouse
Avenue being resolved; however, no building permits are to be issued for the three back lots due to the high
density of residential development that is being proposed. She suggested that, if necessary, this condition
could be slightly revised for clarification. She noted that Condition No. 22 might also adequately address
this issue, particularly since situations often change between preliminary plat and final plat. She turned her
attention to Condition No. 13, stating that both the City's Engineering and Fire Departments requested the
secondary access because of the 1,300-foot length of the cul-de-sac. She stressed that this is not for the
front two buildings, but because of the high density proposed on the back three lots and the potential
problems that could arise if an accident were to occur at the entrance, blocking both halves of the
boulevard. She suggested that the emergency access could be creatively designed into the lots, yet meet
the requirements for secondary access. She concluded by turning her attention to Condition No. 14, stating
this is in response to comments from 9-1-1 dispatch that discourage overlapping of names.
Mr. Delaney noted that most of the buildings will be brick, will be more than two stories tall and will
be fire sprinklered. He suggested that these factors should help to mitigate fire safety issues.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public headng.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the preliminary plat
for Broadway Boulevard Minor Subdivision, as requested by Delaney and Company, Inc., for BRC
Investments, LLC under Application No. P-02019, to subdivide 33.20 acres described as Lot 1, Amended
Plat C-23-A10 into five lots for commercial and residential development, with variances from Sections
16.16.010.A., 16.16.080, and 16.14.040 of the Bozeman Municipal Code to allow Broadway Boulevard to
not be constructed to the boundary line because of topographical constraints, to allow the street to exceed
the 500-foot maximum allowable length for a cul-de-sac, and to allow sidewalks to be constructed prior to
occupancy of any structure on individual lots, be approved subject to the following conditions:
Water rights, or cash in lieu thereof, shall be provided and paid for prior to final plat
approval. If the final plat of the subdivision is filed in phases, water rights will only
be required for each phase as the final plat for that phase is filed. The amount of
water rights required will be determined by the Director of Public Service based on
the proposed final plat(s).
Street lighting shall be incorporated into the subdivision by one of the following: a)
applicant shall install adequate street lighting throughout the subdivision. Lighting
shall be maintained by means of the Homeowners' Association through protective
covenants; or b) applicant shall participate in a Street Lighting District. Street lighting
will provide the necessary lighting in accordance with applicable national safety
standards consistent with the preservation of dark skies. All subdivision lighting
provided shall conform to Section 18.50.035 of the Bozeman zone code. Details
and specifications (cut sheets), including bulb type and size, and locations shall be
provided with the final plat and subject to review and approval by the Planning and
Engineering Departments.
07-22-2002
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10.
Applicant shall provide a soils report, along with building plans, to the Building
Division, recommending types of foundations. If development shall occur in phases,
the soils report may address those lots within the proposed phase.
Within the LinearTrail Parks, a minimum five-foot pedestrian trail (Class II trail) shall
be installed. Applicant shall meander the trail to be more natural in appearance. To
the extent possible, trails shall meet minimum ADA (Americans with Disabilities Act)
standards.
Wetlands on the subject property should be protected to the greatest extent
possible. Wetland protection will significantly add to the quality of the proposed trail
corridors and contribute immensely as important wildlife habitat and open space for
the community.
The City's Historic Preservation Planner will undertake a review of the site to
establish the historical significance of the location, and to determine if the further site
review is required. Site evaluation will be conducted concurrently with the Minor
Subdivision review and the Historic Preservation Planner will make
recommendations to the applicant regarding the disposition of historic resources on
the site, including the possible need for further study. The result of this survey will
be forwarded to the City Commission in the form of a separate memo.
In addition to current city standards, all outdoor lighting, residential, commercial or
otherwise, shall be free of glare, and shall be fully shielded or shall be indirect
lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch
lights or unshielded lights shall be permitted. No mercury vapor lights shall be
permitted. Covenants of the development shall reflect these restrictions. For
purposes of this paragraph, the following definitions shall apply:
a)
Fully shielded lights: Outdoor light fixtures shielded or constructed
so that no light rays are emitted by the installed fixture at angles
above the horizontal plane as certified by a photometric test expert;
b)
Indirect light: Direct light that has been reflected or has scattered off
of other surfaces;
c)
Glare: Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see, and in extreme cases, causing
momentary blindness; and
d)
Outdoor lighting: The nighttime illumination of an outside area or
object by any man-made device located outdoors that produces light
by any means.
A declaration of covenants for this subdivision must be included and recorded with
the final plat which specifically includes the provisions from Section 16.34.030, as
well as provisions for owners association maintenance of all applicable homeowners'
association open space, pedestrian facilities, and stormwater facilities.
If, in the course of the proposed development any historical sites, bones, artifacts,
etc., are uncovered, the City's Historic Preservation Planner shall be notified
immediately. A reconnaissance survey shall be conducted and results submitted to
the Planning Department with final plat submittal.
Flood plain:
a)
A Flood Plain Development Permit must be obtained from the City
Engineer prior to construction within the floodplain.
07-22-2002
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11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
b)
The 100 year flood plain boundary and flood elevations must be
depicted on the final plat.
c)
Culvert sizing design calculations shall be provided for the floodway
crossing.
d)
All buildings within the floodplain must be floodproofed to at least 2
feet above the 100 yearflood elevation. Elevation Certificates must
be provided for each building following completion of construction.
The sewer main on the east side of the property has many sections of over capacity
pipe downstream of this subdivision. The sewer shall be revised to all drain to the
west, or the sections of main that are over capacity must be replaced.
No building permits shall be issued on the multi-family lots until the sewer bottleneck
on North Rouse Avenue has been replaced, unless an alternative design has been
reviewed and approved by City staff.
If the variance is granted for cul-de-sac length, Engineering would recommend that
an emergency access meeting the requirements of the Bozeman Fire Department
be required as part of the approval for this subdivision.
To provide better and more accurate emergency response services, the applicant
shall rename the proposed Broadway Boulevard to be significantly different than
Broadway Avenue. The name should be in recognition of the site's historic past.
Options to consider include: Gallatin Mill Road, McAdow Road, or Mill Creek Road.
Manholes in the medians must remain fully accessible for year-round maintenance.
The City will not be responsible for maintaining the landscaped area around the
manholes.
The water main alignment for the Front Street tie should parallel the 14-inch sanitary
sewer.
The Water/Sewer Department will review engineered plans and specifications when
they are provided for review and approval.
The final plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City
Engineer that as-built drawings for public improvements were received, a platting
certificate, and all required and corrected certificates. The Final Plat application
shall include two (2) signed clothback (or equivalent) copies; two (2) signed
· reproducible copies on a stable base polyester film (or equivalent); two (2) digital
copies on a double-sided, high density 3%-inch floppy disk; and five (5) paper prints.
Conditional approval of the preliminary plat shall be in force for not more than three
calendar years, as provided by State statute. Prior to that expiration date, the
developer may submit a letter of request for the extension of the pedod to the
Planning Director for the City Commission's consideration.
If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of
Bozeman guaranteeing the completion of all improvements in accordance with the
Preliminary Plat submittal information and conditions of approval. If the Final Plat
is filed prior to the installation of all improvements, the developer shall supply the
City of Bozeman with an acceptable method of security equal to 150 percent of the
cost of the remaining improvements.
07-22-2002
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21.
22.
23.
24.
25.
26.
27.
28.
29.
A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan shall
include sufficient site grading and elevation information (particularly for the basin
site, drainage ways and finished lot grades), typical stormwater detention/retention
basin and discharge structure details, basin sizing calculations and a stormwater
maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the final site plan for each lot.
Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer,
shall be provided to and approved by the City Engineer and the Montana
Department of Environmental Quality. The applicant shall also provide professional
engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have
been approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
All infrastructure improvements including 1) water and sewer main extensions, and
2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure
improvements shall be financially guaranteed or constructed prior to final plat
approval.
The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineers shall be contacted regarding the proposed
project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be
obtained prior to final site plan approval.
Easements for the water and sewer main extensions shall be a minimum of 30 feet
in width, with the utility located in the center of the easement. In no case shall the
utility be less than 10 feet from the edge of easement.
Project phasing shall be clearly defined including installation of infrastructure.
The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
That the proposed 12-foot-wide emergency access shall be a 20-foot-wide all-
weather access that is maintained year round for accessibility.
07-22-2002
-18-
30.
That a ground-mounted plaque providing an overview of the site's important historic
past be constructed at a prominent, pedestrian-oriented area at the site. Such a
plaque should include the mill etchings as well as a historic narrative of the site.
The motion carded by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
Break - 8:30 to 8:38 p.m.
Mayor Kirchhoff declared a break from 8:30 p.m. to 8:38 p.m., in accordance with Commission
policy.
Public hearinq - Zone Map Amendment - establish initial municipal zonin.q designations of "R-2",
"R-3" and "R-3A" on Lot A, Minor Subdivision No. 145B, and Lot IA, Minor Subdivision No. t45A
(Cattail Creek Subdivision, Phase II) - SANDAN, LLC (east of Davis Lane and west of Tarqet)
(Z-02t22)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
SANDAN, LLC, under Application No. Z-02122, to establish initial municipal zoning designations of "R-2",
Residential-Medium-density, Single Household, "R-3", Residential-Medium-density, and "R-3A",
Residential-Medium-density, Two Household, on Lot A, Minor Subdivision No. 145B, and Lot lA, Minor
Subdivision No. 145A. The subject property is known as Cattail Creek Subdivision, Phase II, and is located
east of Davis Lane and west of Target.
Mayor Kirchhoff opened the public hearing.
Planning Director Andy Epple presented the staff report on behalf of Senior Planner Dave Skelton.
He stated that under this application, a mix of residential zoning designations is requested for Phase II of
the Cattail Creek Subdivision. He stated that these designations are consistent with the master plan for
Cattail Creek Subdivision that was submitted several years ago.
The Planning Director stated that staff has reviewed this application in light of the criteria set forth
in the zone code, and staff's comprehensive findings are contained in the written staff report. He briefly
summarized those findings and noted that, following its public hearing on July 2, the Zoning Commission
concurred in staff's recommendation for approval.
Mr. Dave Crawford, consulting engineer, stated concurrence with the staff report and indicated a
willingness to respond to questions.
Mr. David Weaver, attorney representing Mr. Bob Davis, indicated he has no objections to the
proposed zoning.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Zone Map
Amendment requested by SANDAN, LLC, under Application No. Z-02122, to establish initial municipal
zoning designations of "R-2", Residential-Medium-density, Single Household, "R-3", Residential-Medium-
density, and "R-3A", Residential-Medium-density, Two Household, on Lot A, Minor Subdivision No. 145B,
and Lot lA, Minor Subdivision No. 145A, be approved subject to the following conditions:
That the ordinance of the Zone Map Amendment shall not be adopted until the
Resolution Annexation is signed by the applicant and formally approved by the City
Commission. If the annexation is not approved, the application shall be null and
void.
07-22-2002
-19-
That all lands designated to be dedicated public parkland and/or public open space
stream corridors shall establish the same zoning designations as that of adjoining
lands to be subdivided and developed. The centedine of public street rights-of-way
and the existing watercourse between Phase I and Phase II will serve as the
demarcation boundary between zoning designations of adjoining lands to be
developed within the subdivision,
That the applicant submit a zone amendment map, titled "Cattail Creek Subdivision,
Phase II, Zone Map Amendment", on a 24-inch by 36-inch mylar, 8%-inch by 1l-
inch, or 8%-inch by 14-inch paper exhibit, and a digital copy of the area to be zoned,
acceptable to the Director of Public Service, which will be utilized in the preparation
of the ordinance to officially amend the City of Bozeman Zoning Map. Said map
shall containing a metes and bounds legal description of the perimeter of the subject
property, description of the boundaries of each specific zoning designation, total
acreage of the property, acreage of each specific zoning designation, and adjoining
rights-of-way and/or street access easements.
That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description and map of the area to be
rezoned, which will be utilized in the preparation of the Ordinance to officially amend
the zone map. That the Ordinance of the Zone Map Amendment shall not be
adopted until the Resolution of Annexation is signed by the applicant and formally
approved by the City Commission. If the annexation is not approved, the application
shall be null and void.
The motion carried by
Commissioner Cetraro,
No, none.
the following Aye and No vote: those voting Aye being Commissioner Brown,
CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting
Public hearinq - Preliminary Plat for Cattail Creek Subdivision, Phase II - SANDAN, LLC - subdivide
59.03 acres described as Lot A, Minor Subdivision No. 145B, and Lot lA, Minor Subdivision No.
145A, into 42 single-family residential lots and 31 multi-family residential lots (east of Davis Lane
and west of Tarqet) (P-02023)
This was the time and place set for the public hearing on the preliminary plat for Cattail Creek
Subdivision, Phase II, requested by SANDAN, LLC, under Application No. P-02023, to subdivide 59.03
acres described as Lot A, Minor Subdivision No. 145B, and Lot lA, Minor Subdivision No. 145A, into 42
single-family residential lots and 31 multi-family residential lots. The subject property is located east of
Davis Lane and west of Target.
Mayor Kirchhoff opened the Public hearing.
Planning Director Andy Epple presented the staff report on behalf of Senior Planner Dave Skelton.
He briefly reviewed this application, noting that staff has reviewed it in light of the applicable criteria. As a
result of that review, the Planning staff recommended approval, subject to 41 conditions. Following its public
hearing on July 2, the City Planning Board forwarded its recommendation for approval, subject to the
conditions as revised to eliminate two conditions and modify several others.
The Planning Director stated there are two outstanding issues of concern at this time. One pertains
to ownership and maintenance of dedicated parklands. The City's Parks Department has suggested the
homeowners' association be responsible for maintenance of the parkland until such time as a city-wide park
maintenance district is in place, rather than accepting maintenance after one year, as proposed by the
applicant. The other major issue is relocation of the ditch, in light of disagreement between the applicant
and Mr. Bob Davis, the owner of the property to the north. He indicated that one of the recommended
conditions of approval is that the ditch relocation must be consistent with applicable law. He acknowledged
that this issue may also pertain to Phase I of this subdivision.
07-22-2002
- 20-
The Planning Director noted that the applicant has proposed extending an additional local street to
the north, providing a more gridded street system and allowing for another connector to a future subdivision.
He indicated that this can be accomplished without adding or subtracting lots, and the matter can be
handled administratively.
Planning Director Epple indicated that the Director of Public Service has requested that Condition
No. 10 be modified to add a sentence which reads: "The County Road Superintendent will need to approve
any improvements in the unannexed portion of Davis Lane.", in light of the fact that a portion of the roadway
lies outside city limits.
Mr. Dave Crawford, Thomas, Dean and Hoskins, consulting engineer representing the applicant,
noted that one of the recommended conditions for approval is that a request for annexation be submitted
pdor to final plat; and that was done on June 27. He then stated the ditch issue pertains to the Phase I final
plat approval, and he feels Condition 6 as recommended will adequately address the issue. He then noted
it appears the parties are fairly close to agreement and that the situation will be resolved quickly.
Mr. Rob Pertzborn, Prugh and Lenon, architect representing the applicant, noted that they hit some
snags in Phase I when they provided an implementation plan for the proposed park improvements and were
then required to either install those improvements or financially guarantee them. He stated that they have
dedicated more parkland than required, and they will not be proposing any park improvements beyond what
is required for this phase. He then forwarded a proposed new paragraph for Condition No. 17, noting that
all other conditions forwarded by the Planning Board are acceptable.
After Mr. Pertzborn responded to questions raised by Planning Director Epple, City Attorney Luwe
suggested that the words "dedicated parkland" be added to Mr. Pertzborn's proposed language.
Mr. David Weaver, attorney representing Mr. Bob Davis, noted his client owns the property to the
north of this proposed subdivision, and that property has historically been irrigated from the section line
ditch. He noted Mr. Davis is concerned about interference with that ditch or any other ditch as relocated,
stressing that the water must continue to flow. He voiced support for the recommendations contained in
Senior Planner Skelton's memo dated July 17, with the requirement to meet the applicable section of the
subdivision regulations being part of the conditions for approval of this preliminary plat.
Mr. Weaver stated he and his client are optimistic that a resolution can be reached. He suggested
that if the ditch is located on the subdivision property, an easement for the ditch be reflected on the final plat;
and if the ditch or pipeline is located outside the subdivision, non-interference and maintenance easements
be included. He then voiced his hope that an agreement can be reached and that Mr. Davis can withdraw
his objections.
Mr. Bob Davis, head of the Farmers' Canal Company, stated this ditch serves as a main blow-off
for the city. He noted the company has several irrigation structures along it, and other property owners who
have considered tubing it have found that process extremely difficult. He cautioned that the ditch system
is similar to a highway system and noted that the problems must be resolved.
Planning Director Epple noted that Condition No. 17 as proposed by staff is to ensure that any
improvements on public land are constructed to public standards and in accordance with an approved plan;
and the revised language proposed by Mr. Pertzborn does accomplish that.
Mr. Dave Crawford reiterated the applicant's hesitance to propose an extensive park improvement
plan after his experience in Phase I, where he was required to financially guarantee those improvements
at a cost of $200,000.
Responding to Mayor Kirchhoff, City Attorney Paul Luwe stated he feels that the first paragraph of
Condition No. 17, as amended to include the words "dedicated parkland" is acceptable, although he noted
it will place an additional burden on the Superintendent of Facilities and Lands to ensure the plan is
acceptable.
No one spoke in opposition to the proposed subdivision
07-22-2002
-21 -
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Itwas moved by Commissioner Cetraro, seconded by CommissionerYoungman, that the preliminary
plat for Cattail Creek Subdivision, Phase II, requested by SANDAN, LLC, under Application No. P-02023,
to subdivide 59.03 acres described as Lot A, Minor Subdivision No. 145B, and Lot lA, Minor Subdivision
No. 145A, into 42 single-family residential lots and 31 multi-family residential lots, be approved subject to
the following conditions:
1. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan shall
include sufficient site grading and elevation information (particularly for the basin
site, drainage ways and finished lot grades), typical stormwater detention/retention
basin and discharge structure details, basin sizing calculations and a stormwater
maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development.
Plans and specifications and a detailed design report for water and sewer mains and
main extensions, storm sewer and the public street, prepared by a Professional
Engineer, shall be provided to and approved by the City Engineer and the Montana
Department of Environmental Quality. The Applicant shall also provide professional
engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Project phasing shall be clearly defined
including installation of infrastructure. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have
been approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
All infrastructure improvements including 1) water and sewer main extensions, and
2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure
improvements shall be financially guaranteed or constructed prior to final plat
approval. No building permits shall be issued prior to substantial completion and
City acceptance of the required infrastructure improvements.
The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineers shall be contacted regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to final plat approval.
5. Ditch relocation:
O7-22-2OO2
- 22 -
o
o
10.
11.
12.
13.
14.
The Montana Fish, Wildlife and Parks shall be contacted by the
applicant regarding the proposed relocation and any required
permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained
prior to final plat approval.
b. Ditch relocation shall be consistent with applicable law.
Easements for the water and sewer main extensions shall be a minimum of 30 feet
in width, with the utility located in the center of the easement. In no case shall the
utility be less than 10 feet from the edge of easement.
The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
Davis Lane from the northern boundary of this subdivision to Baxter Lane shall be
improved to one half of minor arterial standard as shown in the Greater Bozeman
Area Transportation Plan 2001 Update. The road improvements shall be complete
or financially guaranteed prior to filing of the final plat. No building permits will be
issued prior to construction and acceptance of the required improvements. The
County Road Superintendent will need to approve any improvements in the
unannexed portion of Davis Lane.
The Traffic Impact Study submitted for the project shows that this subdivision will
cause the level of service at several intersections to degrade below an acceptable
level of service as stipulated in the subdivision regulations. Improvements shall be
made as part of this subdivision to bring all of the identified intersections up to an
acceptable level of service. If improvements other than those discussed in the
Traffic Impact Study are proposed, the Study shall be updated based on the
proposed improvements to show the resulting level of service. All improvements
shall be complete orfinancially guaranteed prior to filing of the final plat. No building
permits will be issued prior to construction and acceptance of the required
improvements.
That prior to the applicant applying for final plat review and approval of Phase II, a
written request for "automatic annexation" shall be submitted to the Planning Office
along with a written statement by the Fire Marshal and Superintendent of Water/
Sewer stating that municipal water has been extended to the site and considered
useable, and that said annexation to the corporate limits of the City of Bozeman shall
be formally approved by the City Commission, a Resolution of Annexation adopted,
and the Annexation Agreement executed by both the applicant and the City of
Bozeman.
That the applicant completes the contingencies and terms of approval for the zone
map amendment to establish municipal zoning designations on said property and
that the zoning ordinance be formally adopted by the City Commission, prior to
submitting for final plat review and approval of any phase(s) of said major
subdivision.
A one (1) foot wide "No Access" strip for all lots fronting onto Davis Lane shall be
noted on the final subdivision plat.
The yard setbacks for all subdivision lots in Blocks 10, 11, and 12 backing onto
Davis Lane shall have a 25-foot rear yard setback along the arterial street and noted
accordingly in the covenants and restrictions for the homeowners' association.
That water rights, or cash in lieu thereof, shall be provided and paid for prior to final
plat review and approval. If the final plat of the subdivision is filed in phases, water
rights, or cash in lieu thereof will only be required for each phase of the subdivision
07-22-2002
- 23-
15.
16.
17.
18.
19.
20.
21.
that is being filed. The applicant shall provide payment of the calculated cash in lieu
of water rights based on an amount determined by the Director of Public Service.
That the developer submits a formal development plan signed by a certified
landscape architect for the design of all dedicated parklands within said subdivision
for review and approval by the Superintendent of Facilities and Lands and Bozeman
Recreation and Parks Advisory Board. Details of plantings, species, topography,
irrigation system, and any permanent park features shall be shown and discussed
with the plan. Construction of the parkland improvements will be to City standards
and must be completed with City oversight. Improvements shall be installed within
all dedicated parklands according to the Implementation Plan and schedule
approved by the Superintendent of Facilities and Lands, and the Recreation and
Parks Advisory Board.
Furthermore, the design and construction of the stormwater facilities located in or
adjacent to public parkland(s) and the Cattail Creek public parkland corridor be
limited to a depth of not more than 1~ feet with slopes not greater than 1:4, or 25-
percent slope, and designed as non-geometric landscape features for review and
approval by the Planning Office prior to final plat approval.
That the applicant obtain written approval from the Superintendent of Facilities and
Lands of a parkland implementation plan outlining installation and maintenance of
proposed landscape and trail improvements for all dedicated parklands, and that
said implementation plan be noted accordingly in the protective covenants and
restrictions, for review and approval prior to final plat approval. All parklands and
stream corridors will be dedicated to the general public but improved and maintained
by the homeowners' association until such time that a City-wide park maintenance
district is in place. Provisions in the association documents shall contain language
for assessment of the maintenance and upkeep of all parklands, as well as
provisions for contracting for said services.
That the final plat contain a notation stating that all downstream water user facilities
and irrigation ditches for downstream water rights will not be affected or impacted
by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the homeowners' association.
That the by-laws and protective covenants of the homeowners' association include
language that defines the front and rear yards of each individual corner subdivision
lot as those yards that coincide with the orientation of all yards established by the
interior subdivision lots of each block, and that the determination of all required
yards shall be further reviewed and approved by the Planning Office during the
processing of applications for building permits for each individual residential
dwelling.
That all areas for the collection of stormwater runoff shall be described as "Common
Open Space" owned and maintained by the homeowners' association, and noted
accordingly in the by-laws and protective covenants, for review and approval by the
Planning Office prior to final plat approval.
Per Section 16.14.130 "Watercourse Setbacks" of the City of Bozeman Interim
Subdivision Regulations, the final plat shall establish minimum thirty-five (35) foot
stream setbacks, or larger, from all waterways existing within said subdivision, and
that it be noted accordingly on the final plat and within the declaration of protective
covenants and restrictions prior to final plat approval.
That the final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 16132
"Certificates" of the City of Bozeman Interim Subdivision Regulations, and shall
conform to all requirements of the Uniform Standards for Final Subdivision Plats and
including provisions for all appropriate certificates and language, certification from
07-22-2002
- 24 -
22.
23.
24.
25.
26.
27.
28.
the City Engineer that as-built drawings for public improvements were received, and
accompanied by all appropriate documents, including a Platting Certificate. Four
mylar copies of the final plat must be submitted for final plat approval, along with two
(2) digital copies of the final plat, on a double sided, high density 3~-inch floppy disk;
and five (5) paper prints.
That the applicant obtain Montana Department of Environmental Quality approval
of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through
16.16.805 A.R.M.
That applicant submit with the final plat application, for review and approval by the
Planning Office, protective covenants, restrictions and articles of incorporation for
Phase II as being party to the homeowners' association of Cattail Creek Subdivision,
which shall be recorded and filed at the Gallatin County Clerk and Recorder's Office
with the final plat for each phase.
That prior to proceeding with any significant ground disturbance or installation of
municipal infrastructure and/or streets, the applicant shall provide the Planning
Office with a Cultural Resource Inventory determining if any unknown or unrecorded
cultural resources exist on the site in question and if such sites do exist, whether or
not they will impacted by the development of said lands.
That the final plat contains the minimum twenty (20) foot wide utility easements on
all side and rear property lines as required by the Subdivision Regulations. The
requirement of utility easements in the side property lines may be waived when all
local utility agencies and the Director of Public Service agree in writing that utilities
can be installed in the twelve (12) foot wide and ten (10) foot wide utility easements
along the front and rear of the residential lots or other proposed easements and that
utility easements along the side property lines are not necessary.
The width of all utility easements along the rear of the lots must be verified on the
plat bythe applicant's consultant, and reviewed and approved by the Planning Office
prior to final plat approval. In addition, the width of all utility easements along front
and rear yards shall be referenced as a "utility easement" in writing on the final plat
instead of using only a numerical value on the plat
That the final plat contain the following language that is readily visible with bold
lettering, at a minimum height of 1/8-inch, placing future landowners of individual lots
on notice of the presence of high groundwater in the area of the subdivision for
review and approval by the Planning Office:
"Due to relatively high groundwater table within the areas Of the
subdivision, it is not recommended that residential dwellings or
commercial structures with full or partial basements be constructed
without first consulting a professional engineer licensed in the State
of Montana and qualified in the certification of residential and
commercial construction."
Prior to filing the final plat for each phase, the applicant shall verify all street names
with the Gallatin County GIS Department, County Road and Bridge Department, and
City Engineer's Office, to avoid duplication of street and road names countywide.
Prior to filing of the final plat for each phase of the subdivision the applicant must
provide written documentation of having entered into a signed Memorandum of
Understanding with the County Weed Control District and City of Bozeman Parks
Department verifying the implementation of a noxious weed management and
revegetation plan and for erosion control along all waterway channels for two (2)
consecutive growing seasons after implementation of any stream enhancement
activity.
07-22-2002
-25-
29.
30.
31.
32.
33.
34.
The applicant shall obtain approval from the City Engineer's Office for the location
of all mailboxes within public right-of-way prior to proceeding with installation.
No stormwater runoff swales and/or ditches shall be allowed in required yard
setbacks unless it is reviewed and approved by the City Engineer's Office and
Planning Office prior to final plat approval.
Street lighting shall be incorporated into the subdivision by one of the following: a)
applicant shall install adequate street lighting throughout the subdivision. Lighting
shall be maintained by means of the homeowners' association through protective
covenants; or b) applicant shall participate in a Street Lighting District. Street lighting
will provide the necessary lighting in accordance with safety standards consistent
with the preservation of dark skies. All subdivision lighting provided shall conform
to Section 18.50.035 of the Bozeman zone code. Details and specifications (cut
sheets), including bulb type and size, and locations shall be provided with the final
plat and shall be subject to review and approval by the Planning and Engineering
Departments.
In addition to current City standards, all outdoor lighting, residential, commercial or
otherwise, shall be free of glare, and shall be fully shielded or shall be indirect
lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch
lights or unshielded lights shall be permitted. No mercury vapor lights shall be
permitted. Alley lights shall be fully shielded lights. Covenants of the development
shall reflect these restrictions. For purposes of this paragraph, the following
definitions shall apply:
a)
Fully shielded lights: Outdoor light fixtures shielded or constructed
so that no light rays are emitted by the installed fixture at angles
above the horizontal plane as certified by a photometric test expert;
b)
Indirect light: Direct light that has been reflected or has scattered off
of other surfaces;
c)
Glare: Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see, and in extreme cases, causing
momentary blindness; and
d)
Outdoor lighting: The nighttime illumination of an outside area or
object by any man-made device located outdoors that produces light
by any means."
All comer subdivision lots for single family development should be designed to
establish an additional ten (10) feet of lot width than the interior subdivision lots
proposed in each block to address the required corner side front yard setback. The
covenants for the homeowners' association document must contain language that
will address the orientation of all corner lot residential structures to be similar to that
of the orientation of all interior lots (i.e., orientation of front and rear yards).
It is generally difficult to place a typical single-family residence on single-family
residential lots that do not contain a minimum depth of 110 feet. Lot 10, Block 15,
may cause difficulty with the placement of a residential structure on the property.
Covenants, restrictions, and articles of incorporation for the creation of a
homeowners' association shall be submitted with the final plat application and shall
contain, but not be limited to, provisions for assessment, maintenance, repair and
upkeep of common open space areas, public parkland/open space corridors,
stormwater facilities, public trails, snow removal, and other areas common to the
association. The. declaration should also be modified to: 1 ) require that all principal
and accessory structures, including alley-accessed garages, will comply with the
07-22-2002
26 -
required yard setbacks, 2) require any reference to parkland and linear trail system
to be identified and defined as "Public" Parkland and Linear Trail System, and 3)
eliminate reference to County Commission as having jurisdiction as the governing
body.
35.
The subdivider shall ensure that all construction material and other debris is
removed from the subdivision prior to final plat approval, or prior to release of said
financial guarantee, if an Improvements Agreement is necessary with the final plat.
36.
If the final plat for any phase of the subdivision is to be filed prior to installation,
certification, and acceptance of all required improvements by the City of Bozeman,
the developer shall enter in an Improvements Agreement with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the preliminary
plat submittal information and conditions of approval, and the developer shall supply
the City of Bozeman with an acceptable method of security equal to one hundred
fifty (150) percent of the estimated cost of the remaining improvements.
37.
That the developer shall have three (3) years from the date of preliminary plat
approval to complete the conditions of preliminary plat approval and apply for final
plat approval for Phase I1.
38.
That the applicant submits with the application for final plat review and approval of
Cattail Creek Subdivision, Phase II, a written narrative stating how each of the
conditions of preliminary plat approval have been satisfactorily addressed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting
No, none.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Memo from Montana League of Cities and Towns announcing the District 10 meeting is
scheduled for 2:30 p.m. on Tuesday, July 23, in the Commission Room.
Commissioner Brown stated he plans to attend the meeting.
(2) Memo from the National League of Cities announcing the deadline for proposed
amendments is August 9.
(3) Letters from the Bozeman InterNeighborhood Council, dated July 17; and from Don
Bachman, 3910 Sourdough Road; and Kathy D. Lynch, 206 East Peach Street, encouraging the
Commission to not consider sites close to neighborhoods for the solid waste transfer station.
(4) Letter signed by several members of the Fox Hollow Homeowners' Association, dated July
5, expressing concerns about the problems being generated by the new townhouse construction to the
south of their units.
Responding to Mayor Kirchhoff, Planning Director Epple stated that he has talked to the City
Engineer about this issue, and Project Engineer Murray is re-evaluating the size of the retention ponds on
the LeClair condominium project.
(5) E-mails regarding the proposed Town and Country Grocers project from Mike and Cheryl
Smith, 1610 South Willson Avenue; Beverly Tweedale, 204 Westridge Drive; Carl Solvie, 1901 South Tracy
Avenue; Gal Harrington, 1206 South Willson Avenue; Bob Wall, 222 Westridge Drive; Kate Ciari, 4305
Sourdough Road; Paul and Doris Krebill, 3414 Wagon Wheel Road; Mike Hickman, 209 Westridge Drive;
James and Joan Olson, 1705 South Willson Avenue; Glenn and Lee Allinger, 112 Westridge Drive; Richard
07-22-2002
27 -
Fasching, 1710 Wildflower Way; Billie Ranard, 3216 Augusta Drive; Gregg Thompson, 1806 South Willson
Avenue; Linda and Scotty Wilmeth, 601 Park Place; Victoria Scharen, 4765 Aspen Lane; Jerry and
LaVonne Nielsen, 3800 Sourdough Road; Susan Cole, 210 West Arnold Street; Bill Ranard, 3216 Augusta
Drive; Susan C. Johnston, 2201 Spring Creek Drive; Jeanie and Pete Westnedge, 2323 Fairway Drive;
Anne DeFrance, 601 West Arnold Street; Linda Nelson, 552 Concord Drive; Jim and Kathy UIIman, 3040
Ritter Ddve; Alex and Eldene Ragenovich, 1909 South Tracy Avenue; Robert T. DuBose, 5020 Justine
Lane; Mary C. Bushing and James W. Allard; Michele DuBose, 5020 Justine Lane; David Schrupp; Addie
Myers, 102 Hoffman #8; and Robert Lee, 2101 Fairway Drive; and letters from David Cecich, 1555 Moose
Point; Charles and Shirley Rust, 2114 Highland Court; Maggie Hickman; Jim Williams,' 1915 South Tracy
Avenue; Susan C. Johnston, 2201 Spring Creek Drive; Joyce Hynes, 2900 Secor Avenue; Ralph and Gloria
Zimmer, 2103 South Tracy Avenue; the Beautification Advisory Board; David Gaillard, 613 West Harrison
Street; Josephine M. Dorsch, 101 Billion Place, and David A. Fletcher, 20B Graf Street; and Donald K.
McBride, 412 Cutting Street; and a packet of information submitted by the SouthEast Neighborhood
Association that includes previously submitted materials and copies of articles published in the Bozeman
Daily Chronicle regarding the issue.
(6) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, July 23,
in the Commission Room.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, July 23, at the Professional Building.
(8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 23,
at the Professional Building.
(9) City Manager Johnson stated that, since it is now mid-July, staff is proposing to hold the
2002 sidewalk installation program for a year. Responding to Mayor Kirchhoff, Director of Public Service
Arkell confirmed that the sidewalk repair program will continue this year.
(10) City Manager Johnson noted that Rob Pertzborn has suggested an alternative for the old
City Hall arch that could meet the MAKERS plan for an entrance to the downtown area.
Mr. Rob Pertzbom showed the Commissioners a picture of the old City Hall/Opera House, and
suggested that the tower in the center of the building, including the bell tower, be built instead of just a
structure to support the arch. This could result in a more prominent architectural feature.
(11) City Manager Johnson indicated that he attended dedication of the Bozeman Buck's baseball
stadium, named Hero's Park, between the sessions of this meeting. He characterized this renovated
baseball stadium at the Gallatin County Fairgrounds as a great example of a public/private partnership,
noting that the nearby Haynes Pavilion is a similar example.
(12) Planning Director Andy Epple noted that many of his staff members and legal staff spent
several hours with Dr. Freilich in a detailed discussion and thanked the Commission for the oppOrtunity to
do so.
(13) Director of Public Service Debbie Arkell reported that two crew members from the City's
Sewer Department encountered methane gas when working to repair a broken service line.
(14) Commissioner Youngman announced that she just received word during the dinner break
that the White House has scheduled a ceremony recognizing the 2001 and 2002 All America City Award
winners for Wednesday, July 31. She noted that three people from each community are invited to attend
the ceremony and receive the plaque, one of which is to be the Mayor or former Mayor.
As a result of discussion, the Commissioners agreed that former Mayor Marcia Youngman should
attend, and that the City would pay her expenses. If the plane tickets can be purchased at a Iow rate, the
Commissioners also agreed that the City could pay for a second ticket.
07-22-2002
- 28 -
Adjournment - 9:50 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
STEVEN R. KIR'gI:IHOFF; May~ ~
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
07-22-2002