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Home My WebLink About1977-08-31 300 Bozeman. Montana August 31, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 31, 1977 , at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular meeting were approved as submitted. I Decision re Rezoning Request- Maurice Klabunde - Reclassify 22.2 acres in two parcels from AS to B-2 - 10.5 Acres occupied by Heritage Homes - 11.5 acres east of and adjacent to first parcel. Entire tract 3 miles west of Bozeman on Highway 191 Having continued the decision on the request of Maurice Klabunde for a week to further review the request and with a full Commission present, it was presented for a final decision. The applicant requested a zone change from AS (Agricultural-Suburban) to B-2 (Community Highway Business) on a 10.5 acre parcel now occupied by Heritage Mobile Homes and 11.5 acre plot immediately east of and adjacent to the first parcel. Both properties front on U.S. Highway #191 and are approximately four miles west of Bozeman. The Zoning Commission, having held a public meeting and having considered the planning staff's report recommended unanimously to deny the request. The City Manager having denied the request of Frank J. Trunk & Son and William B. Alverson recommended that the Commission not allow the reclassification from AS to B-2 as requested by Mr. Klabunde. It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commission approve the reclassification with a "T" designation attached to the B-2 zone classification. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson; those voting No being Commissioner Vande- venter and Mayor Sedivy. Public Hearings - Conditional Use Permits: A) Gene Cook, et al - 96 apt. units and 112 condominium units on E~ Lot 1 and all lots I 2A and 2B of Boylans Addition, 15 acre tract SW corner of 11th & Kagy. Request for conceptual approval. This was the time and place set for a public hearing to consider the request of Gene Cook, et aI, 611 West Main Street. Said conditional use permit would grant conceptual approval to a planned unit development consisting of a small office, 96 apartment units, and 112 condominium units on the East half of Lot 1 and all of Lots 2A and 2B of the Boylan Addition. The development will be located on a fifteen acre tract of land of the west corner of the intersection of South Eleventh Avenue and Kagy Boulevard. Architect Richard Shanahan appeared before the Commission on behalf of the developers. Concept of the P.U.D. as envisioned by the developer, will consist of the developer doing all the planning and design work for the development, then subdividing the development into small parcels to be developed by smaller builders and developers. This concept is relatively new in Bozeman; however, it is one envisioned by the PUD ordiance. After subdivision, each lot or combination of lots, will be reviewed as a separate phase of the overall PUD. Following an extensive discussion, the Mayor closed the hearing. It was moved by Commissioner Vollmer, that the Commission accept the conceptual approval of the Tewage PUD. The motion died for lack of a second. The Commission deferred action on the request for a conditional use permit for a week for an on-the-ground inspection and additional study. B) Willowbrook Development - 1st phase Wood Brook Planned Unit Development - 15 condominium units - portion Blk 4, Thompson's 4th - 1.72 acre tract SE corner of Tracy & E. Mason Street This was the time and place set for a public hearing to consider a conditional use permit I requested by Willow Brook Development, Ltd. The conditional use permit would authorize the first phase of the Wood Brook Planned Unit Development consisting of 15 condominium units of a portion of Block 4, of Thompson's 4th Addition. Said property is being a 1.72 acre tract of land located on the southeast corner of the interesection of South Tracy Avenue and East Mason Street. The applicant, Lowell Springer, gave a presentation of the PUD. The Zoning Commission, having reviewed the planning staff's report, recommended approval of the Willowbrook PUD, Phase #1 by the City Commission. -"---------- .-" ----. ", 0 1 ..~ .... The Mayor declared the public hearing closed and the City Manager recommended that the condi- tional use permit application requested by Willow Brook Development, Ltd. be approved with the following conditions: L The changes and recommendations as outlined in this report be made. 2. The final covenants and homeowners agreements are to be approved by the Planning staff. I 3. A vegetative hedge (not to exceed 4-feet in height) to be planted along South Tracy Avenue and East Mason Street to screen the parking areas only, and the sidewalk to be constructed along South Tracy and East Mason for this phase only to the satisfaction of the City Engineer. 4. A final improvement agreement to be submitted prior to the issuance of any building permit. 5. Final drainage plans shall be subject to the approval of the City Engineer. 6. All buildings shall set back a minimum of 25 feet from the ssreet right-of-way/ It was moved by Commissioner MacNab, seconded by Commissioner Vollmer, that the Commissioner approve the conditional use permit of phase #1, Willowbrook, Ltd. Development Company. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commis- sioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Petition for vacating portion of South Tracy Avenue - from lots five through eleven inclusive in the 1962 rearrangement of Block 2 of the University Subdivision A petition signed by fourteen property owners petitioning the City of Bozeman to vacate lots five through eleven inclusive in the 1962 rearrangement of block 2 of the University Subdivision was presented. Following discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission acknowledge receipt of the petition and it be taken under advise- ment by the staff and the Recreation board. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, I CommissionerVollmer, and Mayor Sedivy; those voting No, none. Proposed Ordinance - Prohibit Open Containers of alcoholic beverages in vehicles and public places A proposed ordinance defining and prohibiting public drinking and public display or exhibition of beer or liquor was presented. Upon the City Manager's recommendation that the proposed ordinance be carefully considered, it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the proposed ordinance be compared to other cities in and outside Montana and that it be brought back for a final draft at a later date. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Bridger Center Subdivision - Plat without being recorded Conditional Use Permit and construction of a building Lichtenberg Enterprises, developers of the Bridger Center Subdivision, are requesting a Building Permit before the plat is recorded. Recording of the plat requires State Health Department approval which has not been received but is being processed in Helena. The City Manager recommended that the Building Permit be issued so that the developers may proceed with the construction, but that construction be stopped if the plat is not recorded within thirty days. Request to move Mobile Home in A-S zone - Mr. & Mrs. Gordon Schlack A request by Mr. and Mrs. Gordon Schlack asking permission to move her mother's mobile home next to their own house on 20 acres east of Bozeman which is located in an A-S zone was brought I before the Commission. Mr. Joe Sabol provided the background information. After a thorough discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission grant the zone variance for Mr. and Mrs. Gordon Schlack to move the mobile home onto their property and * The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Swanson, Commissioner MacNab, and Mayor Sedivy; those voting No being Commissioner Vandeventer. * that the mobile home be removed after the demise of her mother. ',3t)2 Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, Commissioner Vollmer, and Mayor Sedivy; those voting No, none. ATTEST: I s~ // ;zL tR;;~t~~' H:~tNG d4~ Clerk of the City Commissi6n - I I