HomeMy WebLinkAbout2002-04-22 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 22, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, April 22, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
MardaYoungman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrewCetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff
Attorney Patricia Day-Moore, Clerk of the Commission Robin Sullivan and Deputy Clerk of the Commission
Carolyn Wilmont (for the aftemoon session).
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.
Minutes - January 18, 2000, and March 25, April 8 and April 15, 2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of March 25, 2002, be approved as submitted. 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 April 8 and
April 15, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Acknowledge receipt of application for annexation of '10.0 acres located in the E%,
WV,, SWI/4, Section 35, TlS, RSE, MPM (north side of Baxter Lane, west of
Thomas Drive) - DAK, LLC; refer to staff
Acknowledge receipt of petition for annexation from Kelly Wood and Renon Wood -
2.$64-acre parcel described at Lot 7, Block I, Walker Property PUD (t01
Gibson Drive)
Acknowledge receipt of staff report - annexation of 2.564-acre parcel described at
Lot 7, Block I, Walker Property PUD (101 Gibson Drive) (A-02002)
Acknowledge receipt of petition for annexation from Roqer Kirk for 11.123-acre
parcel described as Lots 2A, 3A and 4, Block I, Walker Property pUD (Kean
Drive and Campbell Road)
Acknowledge receipt of staff report - annexation of 11.123-acre parcel described as
Lots 2A, 3A and 4, Block I, Walker Property PUD (Kean Drive and Campbell
Road) (A-02004)
Proclamation - "Arbor Day" - April 26, 2002
Proclamation - "Loyalty Day" - May 1, 2002
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Approve the request to name the parkland dedicated by the Mar.qaret Hausser Livin,q
Trust the "Hausser Park"
Exemption from subdivision review - W.B.C.L.P. - relocate common boundaries
between tracts in Baxter Meadows to create Tracts lA, 2A, 3A, and 4A with
boundaries that match the master plan and phase lines for the subdivision;
contingent upon Director of Public Service review and approval
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 carded 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.
Request for permission to address Commission re "Smoke Free Bozeman' - Breakfast Club from
Chief Joseph Middle School
A group of thirteen students from the Breakfast Club at the Chief Joseph Middle School gave a
presentation on the hazards, dangers and negatives of secondhand smoke. They asked the Commission
to help keep them healthy and strong by prohibiting smoking in public places.
The Commissioners thanked the students for their presentation.
Reco.qnition of (a) Bozeman Honor Society and (b) various City staff members
Through a presentation from Recreation Superintendent Sue Harkin, the Commission recognized
members of the Bozeman Honor Society for their volunteer assistance in the letters to Santa Claus program
and the Easter egg hunt. The Commission also recognized Swim Center Manager Eric Seagrave for his
professionalism, dedication, and friendliness in making the Swim Center a positive experience.
Work session - direction to City staff re parks and user .qroups
Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands
James Goehrung, dated April 17, 2002, providing information on the level of staffing in the City's parks
division and seeking direction on the fees and requirements to be imposed on user groups.
Superintendent Goehrung reviewed the information contained in the packet, noting that several
concerns and issues have arisen as the result of significantly increased fees in the user group agreements
for this year. He indicated that those increased fees are directly related to the costs incurred by the City's
parks department in providing maintenance of various facilities.
Superintendent Goehrung stated that he had heard concerns from several groups about the user
fees going into the general fund, rather than being applied directly to the parks budget.
Responding to Superintendent Goehrung's comment, Administrative Services Director Miral
Gamradt noted that nearly all general fund functions aro subsidized in some manner by property taxes and
aro not self-sustaining. He explained that, although each department would like to spend all the money it
generates, some must be set aside for future costs. He stated that special revenue funds are monies legally
set aside for specific purposes, citing tree and street maintenance as examples. This could be done with
the parks funds, although he does not think it is a good idea.
Mayor Kirchhoff stated that in looking at the numbers and tables provided in the packet information,
it is apparent the status quo is not working and is causing a groat deal of tension between the City and the
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user groups. He recognized the need for better understanding and agreement in order to eliminate that
tension.
Mr. Dave Kumlien, President of Bozeman Babe Ruth Baseball, stated there are approximately 100
13 to 15-year-olds in the league, and they play at Kirk Park. He indicated that they budget around $16,000
to cover the annual costs of this program, and the preposed $5,000 in the user agreement is prehibitive.
He noted that last year the league spent over $5,000 on permanent improvements, including benches, and
field and equipment maintenance; and this year they are completing four new dugouts and other
improvements valued at $25,000. These items will be there for years to come; however, they have been
given no reduction in user fees in consideretion for the improvements they have made. He emphasized
that there is no money in their budget to pay the user fees and increasing player fees would prevent many
from participating in the program. He acknowledged that the fields are impacted by the league's use;
however, many others also use the facilities. He noted that the current level of funding for the parks system
is inadequate and voiced his support for a parks maintenance district.
Ms. Anna Epp stated that she has been involved in the development and on-going maintenance of
the skate park. She noted that damage to the cement has been largely done by bicycle riders, who aren't
even supposed to be there, after she and others have put a considereble amount of effort into raising
monies for construction of the facility. She acknowledged that user groups should help to a certain extent,
but she expressed concern over whether the City will ever be able to maintain the things that user groups
have put so much effort and money into. She concluded by noting these comments pertain to the BMX track
as well.
Mr. Dick Harte, 3553 Sourdough Road, stated that he works with the Bozeman baseball progrem
which involves 7 to 18 year olds. He voiced his frustration with the proposed user fees since the City does
nothing for the program except mow and water the fields. He feels that if the City wants to charge user fees,
it should take over the entire program, including scheduling of games and paying for uniforms for the
players. He concluded by noting that many other communities operate the baseball programs for youth,
rather than relying on volunteers to do so.
Mr. James Grubic, acting Di'rector of the Gallatin Valley Softball Association, stated that the
association pays $5,000 annually for use of the recreation complex in addition to doing maintenance and
improvement projects, such as construction of a new building. He encouraged the City to develop a long-
term plan for management of the facility, including drilling of a well for irrigation. He urged the Commission
and City staff to work with the various user groups to develop a program acceptable to all, particularly since
those groups serve the community.
Mr. Kelly Stoll, representing the BMX program at Westlake Park, stated his concurrence with Mr.
Harte's comments. He noted they provide a service to the community, and it seems wrong to have to pay
additional monies to the City. He stated that research has revealed the City of Helena spends three times
as much per user than Bozeman, and Butte spends roughly double. He questioned why Bozeman can't
contribute more monies to recreational facilities and programs, rather than requiring those programs to
collect user fees to cover the expenses.
Mr. John Delzer, representing Gallatin Valley BMX, stated that he has been working for several
years on developing the park complex; and although they don't pay much in user fees now, they will be
facing higher fees when improvements to Westlake Park, estimated at $100,000 are completed. He noted
that the BMX track will be open to the public and, since there are no gates or fences to limit access, it will
be impossible to charge all those who use their facilities. Kids, who are the primary users, can't afford to
pay more to participate in the racing. He stated that plans for the park include a children's memorial and
play area, which will be constructed with help from the Jaycees; and completion of this complex will take
pressure off the skate park. He emphasized that he wants to see the BMX park available for kids to use
~n the future and urged the Commission to provide the necessary assistance for future needs.
Mr. Sandy Dodge stated that he is a member of the Recreation and Parks Advisory Board; however,
his comments are his own. He noted that many of the City's park and recreational facilities are deteriorating
and cited the tennis courts at Southside Park as an example. He stated the reason often given for not
maintaining those courts is that no user group has offered to participate in the maintenance; however, he
suggested it should be the City's responsibility to do so.
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Mr. Steve Sparks, 705 Stonegate Drive, stated that he is involved in the Gallatin Empire Lions
midget athletic program. He indicated that, as a member of the Recreation and Parks Advisory Board and
its budget sub-committee, he is aware of the constraints in the City's budgeting process. He noted that from
the comments heard today, it is apparent that the user fees, as currently structured, are not working. He
urged the Commission to form a three or four-person panel comprised of representatives from the public
and private sector to come up with a means to provide funding for the various needs.
Mrs. Terry Baldus, 6931 South 19th Avenue, past president of the Gallatin Valley Softball
Association and member of the Recreation and Parks Advisory Board, stated that she is concerned about
the "us versus them" attitude reflected in the previous comments. She pointed out that a strong recreation
program has a big influence on the community, and the lack of problems in schools is evidence of the
success in the local programs. She stressed the importance of focusing on improving the relationship
between the City and the various user groups. She noted that the donut area needs to be taken into
consideration and that the County should be involved on some level as well, since they make use of City
facilities. She also voiced support for the creation of a parks maintenance district.
Mr. Joe Stanislao, Bozeman Jaycees, noted that his organization has been actively trying to develop
VVestlake Park and stated his concem with the City charging user fees after they have put so much time,
effort and money into the project. He suggested that the $75,000 which the City pays out for parkland
improvements be used for recreation and parks programs instead.
Superintendent Goehrung thanked the volunteer groups for all the work and money they have put
into the various facilities and acknowledged that the City must at some point assume responsibility for
maintenance. He pointed out, however, that many of the improvements done by a group are a direct benefit
to that group and that long-term maintenance costs far outweigh the initial improvement costs. He indicated
his willingness to sit down with the user groups to address their concerns and voiced support for a panel
to work toward resolution of these issues.
In response to questions concerning a parks maintenance district, City Manager Johnson stated that
the distdct could extend across jurisdictional boundaries, if both parties agree. He confirmed that many
users of the City's recreational services reside outside city limits and, depending on the program, as much
as 40 percent of the usage is from those who don't contribute in property taxes. He suggested one option
for a district would be to follow the School District No. 7 boundary. He then noted the importance, in the
meantime, of targeting the groups that put the most strain on the City's services through different fee
structures based on their levels of usage.
Mayor Kirchhoff noted that there has been a fair amount of frustration expressed today as well as
a desire for change. He voiced support for Mr. Sparks' suggestion of a panel, noting that a cooperative
effort between the parties involved is needed. He also proposed that the user fees not be changed this
year, and that any adjustments be delayed until after the panel has completed its process.
Commissioner Youngman stated her support for staff to form a panel. She noted that County
pressure on City facilities is a big part of the problem and expressed her hope that the County can be
involved in a creative solution. She stated that a city/county park maintenance district may be an answer,
and it appears there may be citizen support for this. She pointed out that had the 9-1-1 levy on last yea~s
ballot passed, it would have freed up money in the general fund for parks and recreation without a parks
maintenance district. She concluded by stating that the Commission needs to better fund these programs,
although it will be a challenge since costs in all City departments are going up faster than revenues.
Commissioner Cetraro stated there is a need to build a partnership between user groups and the
City, and to find a meaningful and innovative way to spread out the costs to support these programs.
Commissioner Youngman noted her surprise in learning that taxpayers are subsidizing 50 percent
of the cost of water for the community gardens in Westlake and Langohr Park. She suggested that water
usage might be reduced by making mulch from the landfill available, as well as watering before 9 a.m. or
after 5 p.m. If those techniques don't work on a volunteer basis, the fees for those gardens may have to
be increased.
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Commissioner Hietala suggested backing off a percentage of the user fees across the board while
waiting to see what the panel comes up with.
Commissioner Brown noted that the user fees have already been factored into Superintendent
Goehrung's budget; and, in fact, the Superintendent has identified a need for an increase in the budget.
He concurred with the idea that county residents must contribute in some manner. He feels that user fees
are needed for the time being and stated his support for forming a panel to come up with solutions. He
emphasized the need to ddll a well for the softball complex, noting that it won't solve the problem but will
help stretch the available money.
After extensive discussion, the Commissioners asked the Superintendent to bdng back a list of
applicants to serve on a panel to review the issue and submit their recommendations. They asked that the
panel include representatives from as many user groups as possible, a couple of citizen members who are
not involved in the recreational activities and City staff members. Upon receipt of the list of applicants, the
Commission will appoint members to the panel.
Break - 4:35 to 4:45 p.m.
Mayor Kirchhoff declared a break from 4:35 p.m. to 4:45 p.m., in accordance with Commission
policy.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Letter from Jim Bennett, 217 South 10th Avenue, expressing his unhappiness with receiving
a bill for snow removal from his sidewalk.
(2) Memo from Engineering Assistant Andy Kerr, dated April 9, responding to the Commissioner
questions in conjunction with a request from the Gallatin County Fairgrounds for deferral of the requirement
to install sidewalks along the street frontage.
(3)
2002.
List of upcoming planning projects to be considered by the City Commission, dated April 18,
(4) Agenda for the School Board meeting to be held at 7:00 p.m. tonight at the Willson School.
(5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 23,
in the Commission Room.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, April 23, at the Professional Building.
(7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, April 23,
at the Professional Building.
(8) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, April 23,
in the Commission Room.
(9) CommissionerYoungman submitted the following. (1) Stated that she, Commissioner Brown
and Mayor Kirchhoff cleaned up the City Hall flower beds on Saturday. (2) Proposed revisions to the
application form for the various boards and commissions, to include the applicant's physical address and
e-mail address. Following discussion, the Commissioners agreed the references should be included on the
front and not identified as confidential. (3) Attended the City Manager's leadership training session last
Thursday, where she learned a new technique for dealing with differing viewpoints. (4) Announced the
cable television franchising committee met last week as a follow-up to Commission approval of a franchise
agreement and fee several years ago. She noted that the wait in implementing the agreement and fee has
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resulted in a significant reduction in capital costs because of the availability of new digital equipment; and
the committee has recommended that a non-profit organization be created to operate the program and the
local access channel. (5) Stated the InterNeighborhood Council will select the first neighborhood for the
proactive code enforcement program at its meeting this week.
(10) Commissioner Brown stated he attended an all-day visioning session for the Downtown
Bozeman Association on Friday. Mr. Geoff Badenoch, Urban Development in Missoula, facilitated the
session and talked about the strengths and weaknesses of the downtown. (2) Asked how many
Commissioners plan to attend the Strengthening Council Effectiveness conference at Big Sky on June 27
through 29. He noted that the registration fee break ends May 1. Mayor Kirchhoff and Commissioner
Youngman indicated they would be unable to attend; Commissioner Cetraro and Commissioner Hietala
voiced interest in possibly attending.
Recess - 5:15 p.m.
Mayor Kirchhoff recessed the meeting at 5:15 p.m., at which time the Commissioners moved to the
south side of East Main Street between TireRama and Heeb's Grocery to plant a tree for Arbor Day.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled
public hearings.
Public hearing - Minor Site Plan and Certificate of Appropriateness to allow cOnstruction of a new
liqht manufacturing and office buildin(~, with deviations from Section 18.$0.110 of the Bozeman
Municipal Code to allow relaxation of the minimum number of off-street parking spaces and from
Section 18.34.050 to allow parking within the minimum rear yard setback on Lots 27-32, Block 106,
Northern Pacific Addition - Putter and Kelly Ann Brown (600 block of North Wallace Avenue)
(Z-02039)
This was the time and place set for the public hearing on the Minor Site Plan and Certificate of
Appropriateness, as requested by Putter and Kelly Ann Brown under Application No. Z-02039, to allow
construction of a new light manufacturing and office building, with deviations from Section 18.50.110 of the
Bozeman Municipal Code to allow relaxation of the minimum number of off-street parking spaces and from
Section 18.34.050 of the Bozeman Municipal Code to allow parking within the minimum rear yard setback
on Lots 27 through 32, Block 106, Northern Pacific Addition. The subject property is located at the northeast
corner of the intersection of North Wallace Avenue and East Peach Street.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that under this application, a
three-story light manufacturing structure with offices on the third floor is being proposed. The building
exterior is to be recycled corrugated metal and brick veneer, with architectural features that blend with the
area. The deviations requested in conjunction with this building are to reduce the number of off-street
parking spaces from 26 plus 2 disabled spaces to 18 plus 1 disabled space, and allow parking to encroach
into the 20-foot rear yard setback on the east boundary. He noted that this rear yard setback results from
the residential zoning designation on adjacent property even though this property is zoned for industrial use.
The Senior Planner stated that staff has reviewed this application for deviations in light of the criteria
set forth in the zone code and staffs comprehensive findings are contained in the written staff report. He
bdefly summarized those findings, noting that staff recommends the deviation for parking be approved by
requiring the applicant to provide 17 parking spaces plus 2 disabled spaces. He noted that the applicant
has estimated the number of employees at this site will range from thee to five and, given that Iow number,
staff feels the proposed parking would be adequate.
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Mr. Ben Lloyd, architect representing the applicant, noted that the applicant proposed to provide
4,500 square feet of light manufacturing and office space on two levels. He indicated that the architecture
and materials are designed to provide a transitional element between the residential development to the
south and the mix of residential and industrial uses to the north. He stressed that the street corner of the
building is designed to provide a solid presence.
Mr. Chds Nixon, 719 North Wallace Avenue, spoke in support of the proposed building, noting it is
a transitional building and is considerate'of neighborhood wishes.
Mr. Jon Gerster, 719 North Wallace Avenue, stated he is encouraged to see this type of project
being constructed in the northeast sector of the community.
Commissioner Youngman and Mayor Kirchhoff voiced their appreciation for this project, which is
respectful of the neighborhood.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Minor Site Plan
and Certificate of Appropriateness, as requested by Putter and Kelly Ann Brown under Application No. Z-
02039, to allow construction of a new light manufacturing and office building, with deviations from Section
18.50.110 of the Bozeman Municipal Code to allow relaxation of the minimum number of off-street parking
spaces and from Section 18.34.050 of the Bozeman Municipal Code to allow parking within the minimum
rear yard setback on Lots 27 through 32, Block 106, Northern Pacific Addition, be approved subject to the
following conditions:
The final improvement drawing shall be adequately dimensioned. A legend of all
pertinent line types used shall .also be provided.
2. All existing utility and other easements must be shown on the final site plan.
A Stormwater Drainage/Treatment Grading and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The overall plan must demonstrate adequate
site drainage (including sufficient spot elevations), stormwater detention basin
details (including basin sizing an'd discharge calculations, pond typical sections, and
inlet and discharge structure details), ultimate stormwater discharge destination, and
a stormwater maintenance plan.
o
Detail is required for.the propos'ed connection of the 8-inch diameter PVC storm
drain service to the City's existing 15-inch diameter RCP storm sewer main.
Existing sewer and water mains shall be clearly identified as existing. All adjacent
fire hydrants shall be clearly depicted.
Sewer and water services shall be approved by the Water/Sewer Superintendent.
City of Bozeman applications for service shall be completed by the applicant.
Plans and Specifications for any required fire service line must be prepared in
accordance with the City's Fire Service Line Policy by a Professional Engineer (PE),
and be provided to and approved by the City Engineer prior to initiation of
construction of the fire service or fire protection system. The applicant shall also
provide Professional Engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings.
Concrete curbing shall be provided around the entire new parking lot perimeters and
adequately identified on the plans. In addition, the appropriate concrete curb and
gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail
shall be provided to and approved by the City Engineer.
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10.
11.
12.
13.
.14.
15.
16.
17.
18.
19.
20.
Sidewalks were ordered in along North Wallace Avenue last September with an
installation deadline of June 30, 2002. In the event that the sidewalk along North
Wallace Avenue will not be installed prior to the established deadline, the applicant
shall request a formal extension from the City Engineering Department,
The proposed ddve approaches Shall be constructed in'accordance With the City of
Bozeman standard non-residential approach (i.e., concrete apron, sidewalk section
and drop curb).
Due to its deteriorated condition, the curb-along North Wallace Avenue shall be
.rePlaced with City of Bozeman standard curb and gutter for the entire length of the
· property frontage.
The proposed curb and gutter along the Peach Street property frontage shall be
installed in the correct location,, providing 5~ feet of boulevard between the sidewalk.
and back of curb.
The City of Bozeman standard pedestrian ramp (drawing no. 02529-8) shall be
installed at the intersection of North Wallace Avenue and East Peach Str. eet.
That the applicants be granted deviations to, Section 18.34.050 "Yards" of the zone
code to encroach the off-street park!ng area into the required rear Yard setback
along the east boundary and'to Section 18.50.110"Parking Requirements" to reduce
the required off-street parking spaces from twenty-six (26) to seventeen (17) spaces
and maintained two (2)required disabled accessible off-street parking spaces, and
that the site plan be revised accordingly prior to final site plan approval,
That the site plan provide a typical sign detail for disabled accessible off-street
parking that complies with Section 18.50.110.F of the zone code.
The landscape plan shall be certified by an individual that meets the requirements
of 18.49.040.0.3 of the zone code and the landscape legend must contain both the
common and botanical name of each plant material and species, as well as the
container or caliper sizes at installation and maturity. The landscape legend will also
need to provide a notation that all landscaped areas will be properly irrigated with
a landscape irrigation system.
That the minimum inside 'dimension for both egress/ingress driveways be not less
than twenty-four (24) feet wide and that it be noted accordingly on the site plan prior
to final site plan approval.
The off-street parking lot shall main'rain a minimum twenty-six (26) feet of backup
maneuverability within the interior of the off-street parking lot.
That the applicants provide a common signage plan and .legend for all signs'
proposed on said zone lot depicting location, general style, size, area, materials,
color, and methods of illumination for review and approval, prior to Final Site Plan
approval. .-
That the applicants specify the extedor light fixtures, both free-standing and wall-
mounted, to be used for extedor illuminaUon of the project that also includes a
manufacturers cut-sheet and typical detail of the fixture depicting the type of
illumination bulb and illumination output to be used, for review and approval pdor to
final site plan approval. All exterior'light fixtures shall be so arranged to direct light
downward and/or away from-any adjoining properties and shall not detract from
driver visibility on adjacent streets.
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21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
All retention/detention ponds located in the required yard setbacks shall not exceed
a maximum slope of 1-in-4 (i.e., 25% slope) and a depth of 1% feet, and that it be
noted accordingly on the site plan prior to final site plan approval.
That all roof-top and/or ground-mounted mechanical equipment shall be noted
accordingly on the site plan and extedor elevations, and properly delineated, and
shall be propedy screened from adjoining properties and public streets, and that
typical details of all screening devices shall be noted accordingly on the site plan
and exterior elevations, for review and approval prior to final site plan approval.
That 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 Director within six months of the date of
D.R.C. approval. A copy of the approved final site plan shall be forwarded to the
Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the
Planning Office; and one copy shall be retained in the Planning Office file.
That the applicants 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. Detailed cost estimates, construction plans and methods of seCurity
shall be made a part of that Agreement.
If occupancy of 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, the applicant shall complete
all on-site improvements within nine {9) months of occupancy to avoid default on
the method of security.
That a building permit must be obtained pdor 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.
That the applicants upon submitting the final site plan for approval by the Planning
Director and prior to issuance of a building permit, will also submit with the
preliminary final site plan a written narrative outlining how each of the above
conditions of approval have been satisfied or met.
That the applicants provide typical details on the site plan for review by ADR Staff
of the articulated parapet cornice, horizontal corbel brick courses, metal canopy,
fenestration relieve of window and door openings, and precast concrete column
headers to confirm construction of the architectural features described in the
rendered extedor elevations provided in the submittal information.
That the applicants provide a typical color palette for said project depicting the color
scheme for exterior finishes, fenestration treatment, screening of mechanical
equipment, and exterior lighting for review and approval prior to issuance of a
Certificate of Appropriateness and final site plan approval.
The applicants shall obtain a building permit within one (1) year of Certificate of
Appropriateness approval or this approval shall become null and void.
This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicant submits the
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proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the zone code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting
No, none.
Public hearinq - variances from Sections 16.14.040 and 16.16.080 of the Bozeman Municipal Code
to eliminate requirement to install 100 lineal feet of curb, gutter and sidewalk alona North Rouse
Avenue side of Tract 29, Northeast Annexation - C&H Enqineerin.(! for Lonny Walker (2104 North
Rouse Avenue) (P-0045A)
This was the time and place set for the public hearing on the variances from Sections 16.14.040 and
16.16.080 of the Bozeman Municipal Code, as requested by C&H Engineering for Lonny Walker under
Application No. P-0045A, to eliminate the requirement to install 100 lineal feet of curb, gutter and sidewalk
along the North Rouse Avenue side of Tract 29, Northeast Annexation. The subject property is located at
the northeast corner of East Griffin Drive and North Rouse Avenue and is known as 2104 North Rouse
Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Karin Caroline presented the staff report, noting that this is a variance to the
subdivision regulations. She noted that this property contains a residence, garage and applianCe store, and
expansion of that store and construction of another building are anticipated. She stated that North Rouse
Avenue is located in a 50-foot-wide right-of-way but is not fully constructed, She indicated that, as a result
of subdivision review for this property, the applicant was required to construct curb, gutter and sidewalk from
Griffin Drive to the north property line. The applicant is seeking a variance to not require the installation of
approximately 80 feet of those improvements, from the south edge of the existing asphalt to the north edge
of the appliance store. This will allow continued access to the garage and the appliance store, which are
located less than 20 feet from the property line.
Assistant Planner Caroline stated that staff has reviewed this application in light of the four criteria
for considering subdivision variances and, based on its findings, has forwarded its recommendation for
denial. The Planning Board considered this request at its meeting held on April 16 and forwarded a
recommendation for approval. She noted their consensus was that denial of the variance would eliminate
the existing parking in front of the appliance store, thus requiring vehicles to park on the street, and would
create a more hazardous situation than the current situation, underwhich vehicles back into the public right-
of-way.
Responding to Mayor Kirchhoff, the Assistant Planner stated that the Development Review
Committee does not forward a recommendation; however, the Project Engineer and Director of Public
Service would not support it because they did not believe it was in the best interests of public safety to
approve the variance.
Commissioner Hietala suggested that having cars park on the street would be a greater health and
safety issue than having them park on the site.
Mr. Lonny Walker, applicant, characterized the failure to request this variance during the subdivision
review process as an oversight. He noted that this portion of North Rouse Avenue is a dead end street with
mobile home parks to the west and the north and the only potential for expansion in the near future is the
Humane Society. Given the narrow width of the street, he noted that parking on the street would be
hazardous. He stated that, despite denial of his request for a payback for the water main extension, he
installed that main and two fire hydrants. He stated he is not opposed to constructing sidewalk, curb and
gutter along his property, except for that portion in front of the buildings.
Responding to Mayor Kirchhoff, Mr. Walker stated the new parking lot is to accommodate a new
building on its own lot, and neither that building nor expansion of the existing building will have any effect
04-22-2002
-11 -
on this requested variance. He concluded by voicing his desire to clean up the site and expand a small
business.
No one was present to speak in opposition to the requested variance.
Mayor Kirchhoff stated he views this application as borderline on meeting the criteria, and he would
view it more positively if the property were brought into compliance when new development occurs in the
area. As a result, he proposed another condition requiring the applicant to execute a waiver of right to
protest participation in improvements to the street, including curb, gutter and sidewalk.
Mr. Walker expressed hesitance to accept such a condition for the northernmost lot in his
subdivision, particularly since he may not own it at the time such street improvements would be undertaken.
He then cautioned that a sidewalk across the existing parking area could result in water running into the
store because of the elevation differences that would result.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Cetraro voiced his support for the requested variance, stating he believes it meets
the cdteria for considering subdivision variances.
Commissioner Hietala voiced his support for the requested variance.
Commissioner Brown stated he views this as a borderline case but, since the street is not heavily
used, he will support the requested variance.
Responding to Mayor Kirchhoff, Mr. Walker indicated he would execute the waiver suggested above.
Commissioner Youngman indicated that she cannot support the variance, even with the waiver.
It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the Commission
approve the variances from Sections 16.14.040 and 16.16.080 of the Bozeman Municipal Code, as
requested by C&H Engineering for Lonny Walker under Application No. P-0045A, to eliminate the
requirement to install 100 lineal feet of curb, gutter and sidewalk along the North Rouse Avenue side of
Tract 29, Northeast Annexation, subject to the following condition:
T. he owner shall record with the County Clerk and Recorder's office an executed
waiver of right to protest the creation of an SID for improvements to North Rouse
Avenue.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
altemate financing method for the said improvements on a fair share, proportionate
basis such as square footage, taxable valuation of the property, traffic contribution
from the development, or a combination thereof.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner
Youngman.
Continued public hearin.q - comprehensive revisions to subdivision regulations (P-0129)
This was the time and place set for the continued public hearing on comprehensive revisions to the
subdivision regulations, as forwarded under Application No. P-0129o
Mayor Kirchhoff reopened the public hearing.
Associate Planner Jody (OIsen) Sanford focused on information in her memo of April 16 which was
included in the packet. She reviewed the recommended modifications to the revisions forwarded by the
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12-
Planning Board. Under Section 16.20.020, she proposed that the language not be changed at this time,
but that staff be given an opportunity to do further research and bring this item back in the second round
of revisions. Under Section 16.14.130.B.4., she proposed that Subsection (d)(iv) be removed and that
modifications be made to allow spur trails to the water's edge along watercourses, and to allow stormwater
ponds in Zone 3 of the setback. Also, the revisions include two zones within the watercourse setbacks, with
Zone 1 being 60 percent and Zone 2 being 40 percent of the setback. The next modification provides an
exception to the 40-foot separation for driveways onto local streets for single-family, duplex, or triplex
structures, since there may be instances where such separation cannot be accommodated. The final
proposed modification adds language to Section 16.14.040, requiring an improvements agreement
guaranteeing installation of sidewalks within three years, as recommended by the City Attorney.
Mr. Scott Bosse, Greater Yellowstone Coalition, noted there are many good reasons to steer
development away from streambanks, including ripadan vegetation and wildlife habitat. He noted that loss
of vegetation will allow the sun to hit the stream and warm the water and will make the streambanks
unstable, causing sedimentation in the stream. Also, floodplains are critically important for fish and habitat,
and any modification of those areas can result in increased frequency and sevedty of flooding along the
corridor. He also cautioned that allowing building in flood areas can be costly to local governments, as
evidenced by a recent case in Missoula County.
Mr. Gary Vodenhal, Gallatin Valley Land Trust, stated he is in favor of protecting streambanks, but
he also wants flexibility in where trails are built. He voiced his support for the modification that allows spur
trails in Zone 1, but asked that trails also be allowed to weave into Zone 2. He noted that Zone 3 will be at
the edge of development, and allowing trails in that zone only could lead to conflicts between trail users and
property owners. He suggested that allowing trails to weave through shrubs and open area could be of
benefit to all parties.
Mr. Mike Jarrett, 845 West Arnold Street, encouraged the Commission to consider only
housekeeping items and compliance with State statutes in the revisions at this time, with policy changes
being considered at a separate time.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public headng.
Responding to Commissioner Cetraro, Associate Planner Sanford stated the City has one year from
adoption of the growth plan to bdng the subdivision regulations into compliance. She noted that at least one
more round of amendments will be required to accomplish that.
Mayor Kirchhoff stated his support for the revisions to the subdivision regulations, as modified by
the Associate Planner's memo and Mr. Vodenhars comments.
Commissioner Cetraro stated he views these revisions as reactive rather than innovative.
Commissioner Hietala indicated a willingness to adopt the revisions as modified at this time. He
noted, however, that he has been vocally against the entire process, stating there are things in the Bozernan
2020 Community Plan that he does not agree with. He stated, in fact, there are things in all three
documents with which he does not agree; however, a two-hour conversation with Planning staff has not
resulted in any revisions. He concluded by stating he feels those amendments need to be considered prior
to the October 22 deadline for bringing this document into compliance with the growth policy.
Responding to Mayor Kirchhoff, Planning Director Epple stated the new watercourse setbacks
provide a higher level of scrutiny and advance the objectives in the growth policy. He stressed, however,
that additional revisions will be necessary to bring the subdivision regulations into full compliance with that
policy.
Commissioner Brown voiced his concurrence with Mr. Zimmer's suggestion that the 31-foot-wide
street option be removed. Planning Director Epple responded that Mr. Zimmer brought this issue before
the Transportation Coordinating Committee meeting last week, and they did not opt to modify the
recommendations contained in the transportation plan.
04-22-2002
13-
Commissioner Brown stated he supports more flexibility on the location of trails along stream
corridors.
Commissioner Youngman stated she, too, supports greater flexibility on trail locations.
Itwas moved by CommissionerYoungman, seconded by Commissioner Brown, that the Commission
authorize and direct staff to bring back an ordinance enacting the comprehensive revisions to the
subdivision regulations, as forwarded under Application No. P-0129, including the revisions which have
been forwarded in the staff memo dated April 16 and the memo from Mr. Gary Vodenhal dated April 19. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner
Cetraro.
Break - 8:35 p.m. to 8:42 p.m.
Mayor Kirchhoff declared a break from 8:35 p.m. to 8:42 p.m., in accordance with Commission
policy.
Continued public hearinq - comprehensive revisions to the zone code and zone map amendments
to brin(3 portions of zone code into compliance with the adopted Bozeman 2020 Community Plan
(Z-01218)
This was the time and place set for the continued public hearing on comprehensive revisions to the
zone code and zone map to bring portions of the zone code into compliance with the adopted Bozeman
2020 Community Plan, as forwarded under Application No. Z-01218.
Mayor Kirchhoff reopened the public hearing.
Associate Planner Chris Saunders noted that, since last week's meeting, written public testimony
has been received from Robert Thompson, David Coffin and Philip Saccoccia. He tumed his attention to
his memo dated April 12, which forwards proposed modifications to the zone code revisions. He indicated
that, since preparing that memo, the issue of revising the definition of affordable housing has been raised,
with the intent being a consistent definition between the zone code and the affordable housing policy.
Commissioner Youngman suggested that the section pertaining to affordable housing be revised
to include both rental and purchase, noting that different income guidelines and percentages of median
income are involved.
Associate Planner Saunders noted that the revisions to the subdivision regulations approved in the
previous agenda item will also need to be included in the zone code revisions, to maintain consistency
between the documents.
Mr. Steve Kelly provided a brief history filed against the EPA for permitting the state to neglect clean-
up of its impaired water bodies. He voiced concern that during the previous agenda item, the Commission
approved some modifications that will negatively impact the quality of streams as well as the fish and wildlife
habitat. He voiced concern that, under the revisions approved, there is no place where people cannot
access streams. He concluded by stating that, while these amendments do result in a better situation than
currently exists, it does not provide adequate protection of the community's stream corridors.
Ms. Velma McMeekin, 425 East Cottonwood Street, stated that Bozeman Creek runs through her
property. She noted that under the proposed language, she would be unable to make any improvements
to her home or her property in light of the 75-foot setback from the creek and the 20-foot setback from North
Church Avenue. She encouraged the Commission to revise this provision to allow those people in the
existing developed portion of Bozeman near the creek to have the option of improving their property in the
future.
04-22-2002
14-
Ms. Cheryl Ott, 717 North Church Avenue, stated she and her husband own five 25-foot-wide lots
at the end of North Church Avenue. Two of those lots are 150 feet deep, two are 75 to 100 feet deep, and
the other lot is only 50 feet long because of Bozeman Creek. She stated that the proposed setbacks from
the creek and the street would result in an inability to make any improvements to their home or property.
Associate Planner Saunders recognized that changes to regulations often impact some people more
than others, and the variance process provides relief from the impact of a regulation that is unduly
burdensome. He noted that, in an attempt to minimize the number of variances that may result from the new
regulations, language was included to allow existing development to be improved in a manner that meets
the code requirements to the extent possible, with each application being considered on a case-by-case
basis. He suggested options include leaving the language as proposed, developing language that exempts
a tier along a portion of the creek, or stating an intent to give favorable consideration to variances whenever
possible.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Responding to Commissioner Youngman, City Manager Johnson stated that the Downtown
Bozeman Association has recommended that the Commission leave the uses in the "M-I" zoning district
as they are.
Commissioner Youngman asked if the Commissioners have any problem with tweaking the
affordable housing language to reference the affordable housing policy and to include both rental and
purchase; the Commissioners agreed with those changes.
Mayor Kirchhoff suggested revised language for pre-existing lots in the watercourse setback, to
allow for a 35-foot setback on those lots. Following discussion, he indicated he will work with staff on that
issue.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission
authorize and direct staff to bring back an ordinance enacting the comprehensive revisions to the zone code
and zone map to bring portions of the zone code into compliance with the adopted Bozeman 2020
Comm~.~nity Plan, as forwarded under Application No. Z-01218, including the revisions in the memo dated
April 12, revision to the affordable housing definition, and revisions to mirror the subdivision regulations
approved in the previous agenda item. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff;
those voting No being Commissioner Cetraro.
Continued public hearinq - intent to annex 74.26+ acres in the NI/. and SEY4 of Section 24, T2S,
RSE, MPM (west side of South Third Avenue, south of Allison Subdivision, Phase II and north of
Sacajawea Middle School) - Mahar Montana Homes, L.L.C., for Con and Daphne Gillam Revocable
Trust (A-02001)
This was the time and place set for the public hearing on the intent to annex 74.26+ acres located
in the North one-half and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East,
Montana Principal Meridian, as requested by Mahar Montana Homes, L.L.C. for Con and Daphne Gillam
Revocable Trust under Application No. A-02001, as established by Commission Resolution No. 3513,
entitled:
COMMISSION RESOLUTION NO. 3513
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Kirchhoff reopened the continued public hearing.
04-22-2002
-15-
Senior Planner Dave Skelton distributed a memo from the City Engineer's office which he received
this afternoon regarding the terms of annexation, after which he presented the staff report. He stated that
staff has reviewed this application in light of the four goals and twelve policies set forth in Commission
Resolution No. 3137, and staff's comprehensive findings are contained in the report.
The Senior Planner stated that the subject property is bounded by city limits on three sides. He
noted that the southward extension of South 11th Avenue is to extend through this property; however, the
alignment of that street falls along an existing irrigation ditch that drains into an irrigation pond on the MSU
campus. Also, a dry stream/ditch corridor traverses this property from the south edge to the northeast
corner. He stressed that these are issues to be addressed during subdivision review rather than during
annexation.
Senior Planner Skelton reviewed some of the issues identified during review of this application, after
which he forwarded staff's recommendation, for approval of the requested annexation, subject to the
following items being addressed prior to or in the annexation agreement:
That the applicant execute at the Gallatin County Clerk & Recorder's Office waivers
of right-to-protest creation of S.I.D.'s for:
Street improvements to include paving, curb and gutter, sidewalk,
and storm water drainage improvements and any associated traffic
signals for: 1) South 11th Avenue, 2) Willow Way, 3) Cambridge
Drive.
b. Signalization improvements for the intersections of South 3rd
Avenue with Goldenstein Lane and Graf Street.
c. Trunk sewer or water main improvements to serve the property.
The documents filed shall specify that in the event an S.I.D. is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternative financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
That the applicant execute at the Gallatin County Clerk and Recorder's Office a
waiver of right-to-protest creation of S.I.D.'s for a City-wide Park Maintenance
District, which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks as part of the Annexation Agreement.
That the applicant provide and file with the Clerk and Recorder's Office executed
Public Street and Utility easements for: a) one-half right-of-way for Willow Way of
31-feet, b) one-half right-of-way for Cambridge Drive of 31 feet, and c) full right-of-
way for South 11th Avenue of 100 feet.
That provisions for water rights or cash in-lieu of water rights in an amount
determined by the Director of Public Service be provided in the Annexation
Agreement whereby it is executed by the land owner prior to final subdivision plat
approval, final site plan approval, or issuance of any building permits, whichever
occurs first, prior to the City Commission adopting the Resolution of Annexation and
accepting the Annexation Agreement.
The property owner should be advised that prior to development of the property, the
future developer(s) may be required to prepare, at their own expense, a
comprehensive design report evaluating existing capacity of water and sewer
utilities, stormwater master plan and traffic impacts.
That at the time of connection to the City's water and sewer facilities, the landowners
shall pay all applicable water and sewer impact fees that are due. The land owners
04-22-2002
16-
and their successors shall pay all fire, street, water and sewer impact fees required
by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application
for any permit listed therein.
The Annexation Agreement should include notice that, prior to development, the
developer will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City's infrastructure Master
Plan and all City policies and guidelines that may be in effect at the time of
development.
That the Annexation Agreement contains provisions for the developer to submit with
the preliminary plat application, and/or prior to executing the Annexation Agreement,
an "Affordable Housing Plan", subject to review and approval by the City
Commission, that guarantees that at least fifteen (15) percent of the total number of
housing units be managed and maintained as affordable with two (2) percent of the
total number of lots created for single-family detached residential housing
construction donated to the H.R.D.C. land trust or other applicable agency for
construction of affordable single-family detached housing units.
That the Annexation Agreement contains provisions for the developer to submit with
the preliminary plat application, and/or prior to executing the Annexation Agreement,
a residential zoning planned unit development application containing an
"Implementation Plan" that implements urban design guidelines outlined in the
Bozeman 2020 Community Plan for a mix of residential housing types, sizes, styles,
and lot sizes, and a design component that arranges the development of said lands
so that the land use patterns will be integrated with the organizational scheme of the
adjoining neighborhood(s).
10.
An Annexation Map, titled "Mahar Annexation Map" with a legal description of the
property shall be submitted by the applicant for use with the Annexation Agreement.
The map must be supplied on a mylar for City records (18-inch by 24-inch), a
reduced 8'/~-inch by 11-inch or 8¼- inch by 14-inch exhibit for filing with the
Annexation Agreement at the County Clerk and Recorder, and a digital copy for the
City Engineer's Office. This map must be acceptable to the Director of Public
Services and City Engineer's Office, and shall be submitted with the signed
Annexation Agreement.
11.
That the applicant executes all contingencies and terms of said Annexation
Agreement with the City of Bozeman within one (1) year of approval by the
governing body, or annexation approval shall be null and void.
Ms. Holly Brown, attorney representing the applicant, noted that, as a result of meetings with the
neighborhood, this proposal is being forwarded with a substantial amount of community support. She
forwarded the applicant's concerns about Item Nos. 8 and 9 in the above list. She noted that, in response
to neighborhood concerns, the applicant has agreed to amend his zoning request to accommodate single-
family houses. She voiced concern that requiring a mix of housing types and sizes is not consistent with
the neighborhood desires, and encouraged the Commission to recognize that this property lies between two
existing residential neighborhoods. She cautioned that requiring development under a planned unit
development would result in increased costs, making the project less affordable. She noted the applicant's
.proposal is to construct single-family residences similar to the east side of the Harvest Creek Subdivision,
~n a manner that is similar to surrounding development. She concluded by asking the Commission to
eliminate Item Nos. 8 and 9 from the above list and to allow a cohesive development that reflects the desires
of the developer and the neighbors.
Mr. Bob Larson, 410 Oxford Drive, submitted a petition containing the signatures of over 400
residents of the general area voicing strong opposition to the requested "R-2A" zoning designation. He
stressed that the south side of Bozeman is predominantly single-family residential; and many homebuyers
are looking for that type of consistency when purchasing a home. He stressed that, when a new industry
looks at a community, this is also the type of residential area they are seeking. He concluded by asking the
04-22-2002
17-
Commission to approve annexation of this property and zoning that allows for single-family residential
development, noting the result will be good for the community and the residents.
Mr. Carl Strozewski, 3215 Fieldstone Drive, noted he was one of the petition drivers. He stressed
that over 82 percent of the residents in Westfield and over 50 percent of the residents in Figgins Addition
signed the petition; and many of the residents east of South Third Avenue also wanted to be involved in
signing the petition. He stated that the south side of Bozeman is the only place with predominantly single-
family residential development, and the residents wish to maintain that existing character. He concluded
by stating the neighborhood wishes to be involved as part of a team working with Mr. Mahar and the City.
Ms. Julie Jackson, 416 Oxford Drive, stated the homeowners have had two faidy large meetings,
one of which was with Senior Planner Skelton. She noted that they recognized a need to be educated on
the Bozeman 2020 Community Plan, noting that four points of discussion arose from that process. She
stressed that the annexation and zoning must give reasonable consideration to the character of the existing
neighborhood which is zoned "R-I" and "R-2" and is almost exclusively single-family development. She
noted that the growth plan protects the stability of existing neighborhoods, which the residents feel includes
both density and housing types. The growth plan also indicates the concems of the citizens need to be
considered; and in this instance, over 400 people representing 300 households have signed a petition
opposing the proposed zoning designation of "R-2A." The plan proposes higher density residential
development adjacent to commercially-zoned properties, and this area lies approximately midway between
two such areas. She concluded by encouraging the Commission to strike Items 8 and 9 above and to
approve an "R-2" zoning designation.
Mr. Martin Derrig, 3301 Fieldstone Drive, asked the Commissioners to listen to the neighbors and
their concerns, which range from density to traffic to property valuation. He noted the residents in the area
want to see this property annexed and developed as a single-family residential neighborhood. He
concluded by encouraging the Commissioners to eliminate Items 8 and 9 listed above in their decision.
Mr. Marty Bakken, 3333 Fieldstone DriVe, stated he is concerned about the neighborhood and its
quality. He asked that the Commissioners carefully listen to the comment from the neighbors.
Ms. Eleanor Christian, 3155 Fieldstone, stated she still owns a portion of a homestead close to the
subject property, and she wants her children to be able to develop it as a single-family area some day.
Mr. Steve Holmgren, 421 Staudaher, stated affordable single-family housing is important in this area.
He streSsed the importance of considering the impacts of traffic, particularly on the intersections in the area.
Mr. Jeff Krauss, 508 Park Place, stated the neighborhood wants predictability, and noted that the
planned unit development process does not provide that. Also, a PUD results in additional costs that must
be recovered by the developer, leading to higher housing costs. He asked that the Commissioners approve
this annexation without Item Nos. 8 and 9.
Mr. Ray Center, 503 Park Place, stated they moved to this location approximately 1~ years ago to
accommodate their growing family. He noted that some of his friends purchased in the Brentwood
Subdivision before the apartment complex was built, and they have encountered declining property values
because of the multi-family development in the area. He encouraged the Commission to approve
annexation and a zoning designation that allows affordable single-family development on this property.
Ms. Dawn Minton, 3317 Fieldstone Drive, stated her main concerns revolve around crime rates in
Bozeman. She noted that the Arcadia Gardens apartments have become a problem area. She indicated
that she was unable to obtain information on crimes by geographic area and suggested the Commission
take steps to obtain that statistical data and consider it in future deliberations.
Mr. Chuck Manry, 519 Fieldstone Ddve, noted he is the United Parcel Service delivery man in the
Figgins Addition. He cautioned that the extensions of South 11th Avenue and West Graf Street will be
difficult because of the Boylan property and asked the Commission to take that issue into consideration as
it makes a decision.
04-22-2002
-18-
Responding to Director of Public Service Debbie Arkell, Senior Planner Skelton noted there are
several infrastructure issues raised in his staff report, but they are not identified as recommended terms for
annexation. He then indicated that, if the Commission Chooses, it can approve the annexation without Item
Nos. 8 and 9 based on public testimony.
Ms. Holly Brown suggested that the type of development proposed for this site will meet the standard
affordable housing requirement even if that requirement is eliminated. She then noted that a single zoning
designation will meet the desires of the neighborhood and requested Commission approval of an "R-2"
zoning designation;
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
CommissionerYoungman proposed that the Commission not vote at this time, but delay the decision
for two weeks to give the Commissioners an opportunity to consider the requested annexation and zoning.
She noted that the Bozeman 2020 Community Plan encourages appropriate mixing of housing types, and
creating a neighborhood just like the adjacent one doesn't meet that concept. She cautioned that allowing
single-family residential development only in this portion of the community only burdens the north side even
further. She suggested that allowing some smaller, more affordable homes in this development could meet
the growth policy without negatively impacting the existing neighborhoods. She identified alternatives that
might be considered, including "R-2A'.' zoning with a deed restriction and "R-2" zoning with a planned unit
development that allows for a mixture of lot sizes.
Commissioner Brown stated he is not comfortable with eliminating Items 8 and 9, but suggested it
may be possible to modify them.
Responding to questions from Commissioner Brown, Staff Attorney Day-Moore advised that,
because of the petition of opposition, any zoning designation will require four affirmative votes for approval.
Commissioner Cetraro stated he is concerned about deed restrictions. He then indicated his
support for annexation with Items 8 and 9 eliminated and an "R-2" zoning designation.
Mayor Kirchhoff stated he does not support eliminating Items 8 and 9. He recognized the concerns
about quality, integrity, and livability of the neighborhood; but stressed that quality is not determined by the
dimensions of the lots. He noted that the neighborhood fears and what the Commission is proposing are
two different things; and he suggested that during a two-week delay, it may be possible to develop language
that is acceptable to everyone involved.
Responding to Mayor Kirchhoff, the applicant's representative indicated a willingness to work with
someone from City staff, a City Commissioner, and a neighborhood representative to develop language that
is acceptable to all parties.
In light of the discussion, Mayor reopened public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public
hearing be continued for a period of two weeks, to the May 6 meeting, to give staff, applicant and the
neighbors an opportunity to review possible alternatives that will address everyone's concerns. 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.
Continued public hearing - establish initial municipal zoninq designation of"R-2A" on 74.26+ acres
in the NV. and SE% of Section 24, T2S, RSE, MPM (west side of South Third Avenue, south of
Allison Subdivision, Phase II and north of Sacajawea Middle School) - Mahar Montana Homes,
L.L.C., for Con and Daphne Gillam Revocable Trust (Z-02008)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Mahar Montana Homes, L.L.C., for Con and Daphne Gillam Revocable Trust under Application No.
Z-02008, to establish an initial municipal zoning designation of "R-2A", Residential--Single-household,
Medium-density, on 74.26+ acres located in the north one-half and the southeast one-quarter of Section
04-22-2002
19-
24, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is located along
the west side of South Third Avenue, south of Allison Subdivision, Phase II, and north of Sacajawea Middle
School.
Mayor Kirchhoff reopened the continued public hearing.
Senior Planner Dave Skelton distributed a letter from Holly Brown, dated March 18, amending this
application from "R-2A" to "R-2" and a comparison of the uses allowed in the "R-I", "R-2", and "R-2A"
zoning districts, after which he presented the staff report. He indicated that if the Commission wishes to
consider the "R-2" zoning rather than the "R-2A" zoning designation, it can do so without any requirement
to renotice the application. He stated this change in zoning has stemmed from the desire of all parties to
ensure a single-family neighborhood is developed but that modular homes not be allowed. He noted that
Mr. Mahar had initially requested the "R-2A" zoning designation because of the small lot size, but he had
no intent to allow modular homes.
The Senior Planner noted 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 then
forwarded Planning staffs recommendation for approval, subject to annexation. In light of the petition that
has been filed, he reminded the Commission that four affirmative votes are required to establish the initial
municipal zoning designation for this property.
Ms. Holly Brown, attorney representing the applicant, noted the minimum lot size in the "R-2A"
zoning designation is 6,000 square feet while the minimum lot size in the "R-2" zoning designation is 7,000
square feet. After looking at the two zoning designations and the subject property, she indicated Mr. Mahar
has determined the difference in lot size will not significantly impact development of this parcel; and so he
has requested that the zone map amendment application be revised to "R-2". She indicated that, if the
Commission chooses to approve the "R-2A" zoning initially requested, the applicant has agreed to a deed
restriction to preclude mobile or modular homes. She noted that one of the concerns voiced by the
neighborhood about development under a planned unit development is the potential for multi-family units.
Ms. Margie Taylor, 502 Cambridge Drive, stated that when they purchased their home in Westfield
Subdivision, she asked what would happen on the land around it; and she feels the "R-2" zoning designation
will provide what was promised to her. She noted that Bozeman has an opportunity to build wisely and to
plan for the future and suggested the locations of Iow and moderate-income housing should be planned well
into the future so that people know what to expect when they purchase homes.
Mr. Peter Kwiatkowski, 3309 Fieldstone Drive, acknowledged that nothing is guaranteed, but he
would not like to see this area become rental units for college students. He encouraged the Commission
to approve development that is compatible with this area, which has many young families.
Ms. Julie Jackson, 416 Oxford Drive, reviewed the Commission meeting minutes from February 8,
1993, when Mr. Clair Daines sought "R-2" zoning for the Westfield Subdivision; but the Commission
approved "R-I" zoning because of concerns about traffic and density of development. She sated that to
allow "R-2A" zoning on the subject property would be unfair and very inconsistent with previous decisions.
Mr. Ray Center, 503 Park Place, stated the neighborhood concerns arise from a combination of the
planned unit development requirement and the possibility of multi-family development in the required mix
of housing types and sizes. He noted these concerns are based on the illustrations from the Bozeman 2020
Community Plan.
Mr. Cad Strozewski, 3215 Fieldstone Drive, stated the neighborhood is not against affordable
housing; rather, the residents are asking for single-family residences. He suggested that, with an
appropdate design created in a cooperative effort by the developer, the surrounding neighborhoods and
the City, this development could serve as a model for implementing the elements of the growth policy.
Mr. Chuck Manry, 519 Fieldstone Drive, noted the lot sizes in Harvest Creek Subdivision, where Mr.
Mahar is currently building, range from 6,800 square feet to 13,000 square feet. He stressed that the
difference between 6,800 and 7,000 square feet is minimal, noting his lot is only 8,000 square feet in size.
He concluded by noting the argument is really about 200 square feet and an "A" on the zoning designation.
04-22-2002
20 -
Mr. Don Lint, 2814 Westridge Drive, encouraged the Commissioners to provide predictability so that
people can anticipate their property values increasing as surrounding properties are subdivided and
developed.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public
hearing be continued for a period of two weeks, to the May 6 meeting, to give staff, applicant and the
neighbors an opportunity to review possible alternatives that will address everyone's concerns. The motion
carded by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro.
Adjournment - 10:50 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. 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.
STEVEN .~~
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
CAROLYN A. WILMONT
Deputy Clerk of the Commission
04-22-2002