HomeMy WebLinkAbout2002-04-15 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 15, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, April 15, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Andrew 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. Commissioner Jarvis Brown was absent.
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.
Authorize absence of Commissioner Brown from this meetin,q
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the absence
of Commissioner Brown from this meeting be approved. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and
Mayor Kirchhoff; those voting No, none.
Minutes - January 18, 2000, and January 22, March 25 and April 8, 2002
It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the minutes of the
meeting of January 22, 2002, be approved as submitted. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman and
Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and March 25
and April 8, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Approval of final plat for Lot 10, The Gallatin Center Planned Unit Development,
Phase III (9.97-acre parcel located at southwest corner of intersection of North
19th Avenue and Burke Street)
Approval of request for sixty-day extension of preliminary plat approval for Kamp
Minor Subdivision, to June 6, 2002 (subdivide 7.0381 acres in the NE1/4,
Section 8, T2S, R6E, MPM, into five lots) (westernmost lot in Burrup
Annexation) - Dan Kamp for himself, Harold and Winona Vandermolen, and
John and Martha Kamp (P- 9708)
Authorize Mayor to siqn - Findings of Fact and Order - Northern Rockies Major
Subdivision PUD Amendment (amend Condition Nos. 9 and 18 and allow
relaxation of Chapter 16.16.070 to permit concurrent installation of
infrastructure improvements and construction of a specific pro]ect -
southeast corner of intersection of Hiqhland Boulevard and Ellis Street)
(P-0047A)
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Authorize Mayor to sign - Findings of Fact and Order - Lowe's Subdivision
(subdivide 40 acres described as Tract IA, COS No. 1215A, and Tracts A and
B, COS No. t2t5C, into $ commercial lots) (east of North 19th Avenue
between Baxter Lane and Tschache Lane) (P-02009)
Ratify City Manager's signature on Mobile Data Communications System Task Force
Agreement for FY 2001-2002 between the Cities of Bozeman, Bel.qrade, Helena
and Great Falls; the Counties of Yellowstone, Gallatin, Lewis and Clark,
Cascade and Butte-Silver Bow; and the Montana Hiqhway Patrol
Buildinq Inspection Division report for March 2002
Claims
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, 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 Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those
voting No, none.
Ordinance No. 1563 - Zone Code Amendment - amendinq Chapter 18.04 and Section 18.34.020 of
the Bozeman Municipal Code by adding a new definition for"food processin.q facility", addinQ said
as principal permitted use in "M-l" district, amendin.q permitted use of "restaurants" in "M-l"
district, and addinq "restaurants serving alcoholic beveraqes" under certain circumstances as a
conditional permitted use in "M-l" district (Z-02016)
Included in the Commissioners' packets was a copy of Ordinance No. 1563, as approved by the City
Attorney, entitled:
ORDINANCE NO. 1563
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
CHAPTER 18.04 AND SECTION 18.34.020; BY ADDING A NEW DEFINITION FOR
"FOOD PROCESSING FACILITY," ADDING "FOOD PROCESSING FACILITY" AS A
PRINCIPAL PERMITTED USE IN M-1 (LIGHT MANUFACTURING) DISTRICTS,
AMENDING THE PERMITTED USE OF "RESTAURANTS" IN M-1 (LIGHT
MANUFACTURING) DISTRICTS, AND ADDING "RESTAURANTS SERVING
ALCOHOLIC BEVERAGES" UNDER CERTAIN CIRCUMSTANCES AS A CONDITIONAL
PERMITTED USE.
Itwas moved by CommissionerYoungman, seconded by Commissioner Hietala, that Ordinance No.
1563, amending the zone code by adding a new definition for "food processing facility" and adding that use
as a principal permitted use in the "M-I" zoning district, amending the permitted use of restaurants and
adding restaurants serving alcoholic beverages as a conditional permitted use in the "M-I" district in certain
circumstances, be provisionally adopted and that it be brought back in two weeks for final adoption. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Cetraro.
04-15-2002
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Public hearing - preliminary plat for West Glen Major Subdivision - subdivide 18.71 acres described
as a portion of the S%, NW% of Section 11, T2S, .RSE, MPM, into 15 sin.qle-family residential lots,
32 townhouse lots and 25 duplex lots, with variance from Section 16.14.040.A. of the Bozeman
Municipal Code, to allow sidewalk installation to be financially auaranteed and to be constructed
as each lot develops or within a three-year time period, and a partial waiver from Section 16.14.090,
parkland dedication requirements - Dennis Balian for Frank and Dora Harrington, DaryI Todd,
Richard Davis and David Davis, and Gary and Dorothy Butcher (north side of West Babcock Street,
east of Valley Drive) (P-02006)
This was the time and place set for the public hearing on the preliminary plat for West Glen Major
Subdivision, as requested by Dennis Balian for Frank and Dora Harrington; Daryl Todd, Richard Davis and
David Davis; and Gary and Dorothy Butcher under Application No. P-02006, to subdivide 18.71 acres
described as a portion of the south one half, northwest one-quarter of Section 11, Township 2 South, Range
5 East, Montana Principal Meridian, into 15 single-family residential lots, 32 townhouse lots and 25 duplex
lots, with a variance from Section 16.14.040.A. of the Bozeman Municipal Code, to allow sidewalk
installation to be financially guaranteed and to be constructed as each lot develops or within a three-year
time period, and a partial waiver from Section 16.14.090, parkland dedication requirements. The subject
property is located along the north side of West Babcock Street, east of its intersection with Valley Drive.
Mayor Kirchhoff opened the public headng.
Assistant Planner Karin Caroline presented the staff report. She reviewed the proposed subdivision,
which includes 15 single-family lots in the "R-2" zoning district along the western boundary and 32 single-
family townhouse lots and 25 duplex lots in the "R-3a" zoning district on the remainder of the site. She
noted that the subject property is to be accessed from West Babcock Street and West Mendenhall Street,
with a future connection to the north when that property is developed. Pleasant Valley Subdivision, a county
subdivision, is located to the west of this property. In conjunction with this subdivision, the applicant is
seeking one variance, to allow sidewalks to be installed prior to occupancy of a structure or upon the third
anniversary of plat recordation, whichever occurs first. Also, the applicant is proposing a combination of
parkland dedication and cash-in-lieu payment to meet the requirements. She noted the applicant proposes
to dedicate three lots toward' the north end of the project, totaling slightly under a half acre, as parkland and
a 15-foot-wide linear park at approximately the mid-point, totaling approximately .10 acre, to provide
pedestrian access through the subdivision. The remaining 1.3 acres of the required 1.9 acres in parkland
dedication will be provided through a cash-in-lieu payment, based on the value of the unsubdivided,
unimproved land after annexation and zoning.
The Assistant Planner stated that the City Planning Board considered this preliminary plat at its
meeting held on March 19, and their resolution and the draft minutes from that meeting have been
forwarded to the Commission. She highlighted some of the conditions and the changes made by the
Planning Board, noting those changes are reflected in the resolution. She then turned her attention to the
right-of-way within the Pleasant Valley Subdivision which would provide an east/west street connection to
this subdivision. She noted there is currently a petition filed with the County for vacation of that street right-
of-way, so the conditions of approval for this subdivision contain a three-pronged condition which addresses
the various potential results. She noted the Director of Public Service has cautioned that vacation of this
right-of-way will result in the loss of water and sewer connections as well as vehicular and pedestrian
access between the two subdivisions.
City Attomey Luwe recommended that, if the Commission chooses to approve the variance for
sidewalk installation, it add a condition which reads: "An Improvements Agreement shall be entered into
with the City of Bozeman guaranteeing the completion of all sidewalks in the subdivision within a
three-year period. The developer shall supply the City of Bozeman with an acceptable method of
security equal to 1 50 percent of the cost of these remaining sidewalk improvements." He noted that
adding this condition ensures that the Commission maintains its legislative immunity; failure to add
the condition will result in a loss of that immunity.
At Mayor Kirchhoffs request, Assistant Planner Caroline reviewed the zoning designations on the
subject property. She noted that the "R-2" zoning west of Meriwether Avenue allows for single-family homes
only, while the "R-3a" zoning east of Meriwether Avenue allows for duplex and townhouse lots. She
confirmed that the "R-2" lots average 9,400 square feet in size.
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Mr. Mark Chandler, consulting engineer, stated this is an infill subdivision that contains 72 lots as
proposed; and any requirement for parkland dedication will reduce the number of lots by probably four. He
noted that during consideration of the initial zoning for this property, for which the applicant sought "R-3"
and "R-3a", the Commission imposed the designations of"R-3a" and "R-2" in response to concerns voiced
dudng the public hearing. He stated that this reduced the number of lots in the subdivision from a possible
129 lots to the 72 lots currently proposed. He stated that access to this site will be via West Babcock Street
to the south, West Mendenhall Street to the east, a street connection to the north when that parcel is
developed and the possible connection to the west if the County does not vacate the right-of-way. The
sewer system will be gravity fed, and the water main will be looped through the subdivision. He indicated
that the two larger lots in the southwest comer of the map are not part of this subdivision.
Mr. Chandler stated that the streets cover approximately 4'/= acres, the retention pond covers 1/~
acre, the proposed park at the north end of the subdivision covers approximately ~ acre, and the proposed
15-foot-wide trail through the center of the subdivision contains approximately. 10 acre, which significantly
reduces the amount of land available for residential development.
Mr. Dennis Balian, applicant, provided a brief histOry of this site and the annexation and zoning of
it. He noted that his intent had been to provide an interface and transition between the higher density
development to the east and the single-family development in the county subdivision to the west, and a
majority of the public comment regarding that proposed zoning centered on density and street connection
to Valley Drive. He acknowledged that the single-family lots on the west side of the subdivision average
9,500 square feet in size, largely because the "R-2" zoning designation requires a 70-foot minimum street
frontage. He indicated that, because of the alignment of the existing street right-of-way in Pleasant Valley
Subdivision, a street connection to Valley Ddve would result in the loss of two of those lots; and the parkland
dedication as recommended by the City Planning Board will result in the loss of three lots in the north center
of the subdivision.
Mr. Balian stated that he has agreed to a cash-in-lieu of parkland fee based on annexed and zoned
prices, as reflected in the new regulations that are to be in effect soon, rather than the county land prices
that are currently in effect. He stressed that this increases the appraised value by a factor of ten. He noted
that during review before the Planning Board, there was some discussion about other possible locations
for the park, noting his preference would be to locate it in the center of the development. He then voiced
concern about the additional condition recommended by City Attorney Luwe, particularly in light of the costs
associated with providing a 150-percent guarantee for a three-year period.
Mrs. Anne Banks, member of the Recreation and Parks Advisory Board, noted she is also a member
of that Board's subdivision review committee. She stated that the committee reviewed this preliminary plat
and strongly recommended dedication of parkland rather than allowing cash-in-lieu, and that it be usable
recreational space because development in the area is relatively dense and them is no park near it. She
concluded by stating the retention pond area should not be included in the calculated parkland area.
Ms. Amy Zarndt, 109 Michael Grove Avenue, 'voiced her concern that the accesses to this
subdivision are from West Babcock Street and West Mendenhall Street via Michael Grove Avenue. She
noted that this is a densely populated area with many young children; and additional fast-moving traffic is
undesirable.
Mr. Ted Newman, 535 Valley Drive, stated his support for a parkland dedication in the middle of the
development, noting it will provide a good corridor to other areas.
Mr. Brad French, 3325 West Babcock Street, noted his father developed the Pleasant Valley
Subdivision, and he dedicated all street rights-of-way for use by the public forever. As a result, he indicated
that he will argue against the requested vacation of street right-of-way before the County Commission at
next week's meeting. He concluded by encouraging the Commission to voice its need for connecting
streets.
Mr. Joe Hamner, 111 Michael Grove Avenue, voiced his support for Mr. French's comments, noting
that it is important to retain existing street rights-of-way. He also indicated support for locating the parkland
in the center of the subdivision. He noted that there has been a substantial amount of discussion about Iow
level lighting, which he fully supports. As a matter of fact, he indicated a willingness to change the lighting
04-15-2002
n the back of his house if such lighting is required for this subdivision, so he does not negatively impact
it. He concluded by encouraging four-way stops at Michael Grove Avenue's intersections with West Villard
Street and West Mendenhall Street to slow and calm the traffic.
Mr. John Zamdt, 109 Michael Grove Avenue, recommended that at least a small park be provided
in this subdivisionl He also concurred with Mr. Hamner's suggestion for stop signs to help control traffic.
Assistant Planner Karin Caroline noted that initially the applicant was seeking a full Waiver of the
parkland dedication; however, the Recreation and Parks Advisory Board recommended that, at a minimum,
a tot.lot be provided. She reviewed the calculation for the 1.9 acres of parkland, being required for this
subdivision, noting that the open space for the retention pond was not included. She then reviewed the
calculation for a tot lot, noting that the minimum size would be .35 acres; and the appliCant is prOposing a
.4,8-acre parkland dedication. She then indicated that the applicant has requested the cash-in-lieu monies
be earmarked for development of this park. She stated that, in light of the problemS encountered when
parks abut private lots, the Planning Board voiced support for a park location that is bounded by streets On
three sides. She suggested that if the Commission prefers a mid-area location, it could require sidewalks
on both sides of the park to provide delineation.
Commissioner Youngman stated her preference for a parkland dedication in the Center of the
subdivision, on an alignment with West Mendenhall Street, that incorporates the proposed trail connection
in the design and has sidewalks bordering it.' She recognized that this entire area is short on developed
parks and stressed the importance of providing a park area that is developed and includes playground
equipment.
Planning Director Epple cautioned that a park plan must be prepared and approved by-the
COmmission prior to dedication of cash-in-lieu funds for development of a park. He suggested one
alternative might be for the applicant to provide the improvements rather than paying the cash-in-lieu
monies.
Commissioner Hietala suggested that since this area is short on park areas, it may be beneficial to
require a larger park than has been proposed. He then noted that if"R-3" zoning had been retained in the
northeast corner of the property, development of sufficient density to cover the costs of additional amenities
could have occurred.
Responding to questions from Commissioner Hietala, Assistant Planner Caroline Stated 'that the
outbuildings on the Todd property have been determined to have no historic value and are to be
demolished. She stressed that the Hardngton home will remain, and the Butcher house has not been
annexed and is not part of this application. -
Mayor Kirchhoff voiced his strong desire for the existing right-of-way in Pleasant Valley Subdivision
to not be vacated. He then indicated his support for Commissioner Hietala's suggestion that the park be
enlarged and proposed that it be located in the center of the subdivision.
Mr. Dennis Balian suggested that allowing a portion of the parkland dedication to be met by a cash-
in-lieu payment and then earmarking those monies for improvement of this park could result in a park with
sprinkler system, grass, trees, a swing set and possibly other play equipment, and sidewalks on both sides.
If it is not possible to earmark the cash-in-lieu monies for that purpose, he indicated a willingness to take
the risk of providing those improvements himself rather than paying the cash-in-lieu. He also cautioned that
the larger the parkland dedication required, the smaller the cash-in-lieu payment will be. He noted that the
parkland areas in many subdivisions are simply weed patches for years afterward, and his suggestion could
result in a marked departure from that trend. He then reminded the Commission of the calculated size
required for a tot lot in this subdivision and noted that he has proposed a dedication of 25 percent more than
that requirement.
Mr. Balian turned his attention to interspersing the vadous types of housing. He cautioned that with
the "R-2" zoning on the west side of the property, only single-family housing can be provided; and
interspersing single-family housing in the remainder of the subdivision will simply result in a decrease in the
number of housing units.
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Mr. Balian addressed the issUe of a guarantee for sidewalk installation, stating it is not his desire
to remove legislative immunity. He asked, however, that the guarantee be subject to incremental releases
as sidewalks are constructed; City Attorney Luwe responded that those incremental releases can be done
for each lot.
Responding to Commissioner Youngman, City Attorney Luwe stated that Staff Attorney Cooper has
previously opined to the Planning staff that earmarking cash-in-lieu payments for a specific park is not
possible unless there is an approved park plan. He recognized that there is no legal prohibition against
indicating an intent to do so; however, the result is a decision prior to considering a plan for development.
Mrs. Anne Banks noted that, in the past, some developers have been required to install park
improvements. She then noted that the Parks, Open Space and Trails (POST) plan is based on national
standards, and the amount of land for a tot lot is considered the minimum for that kind of use.
Planning Director Epple noted that staff has recognized the benefit of mini-parks ranging in size from
¼ acre to 1-acre. In response to questions from Commissioner Youngman, it was determined that the
proPOsed .48-acre park area would be 1/~ the size of Cooper Park.
Commissioner Cetraro voiced his supportfor the applicant's proposal for parkland dedication, rather
than requiring additional parkland dedication.
Mayor Kirchhoff recommended that the parkland dedication be at least doubled and, if possible, that
the cash-in-lieu monies be earmarked for development of the park. He suggested that if this parkland were
moved to the center of the subdivision, it Would provide a nice vista for the West Mendenhall Street access
to the development.
Mr. Balian questioned the value of requiring a larger park area when the City doesn't have the
money to maintain its existing parks. He suggested that a smaller park area with improvements would be
preferable to a bigger weed field.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Responding to questions from Commissioner Cetraro, Planning Director Epple stated that the
legislature increased the parkland dedication requirements a few years ago, so in many instances the
parkland requirements exceed the one-ninth dedication previously required. He then acknowledged that
a few years, ago, stormwater retention areas counted toward parkland dedication, but that practice has
ceased.
In response to a suggestion from Commissioner Hietala that the stormwater retention area be
redesigned to possibly increase its depth and decrease its size, Mr. Chandler indicated there is no firm
design for that area at this time, and it could possibly be decreased slightly in size.
Mayor Kirchhoff stressed the importance of looking at proposed developments not as subdivisions
but as neighborhoods. He recognized that the Commission will always encounter the financial concerns
of developers, but noted those must be balanced with the futures of the developments. He noted that
inclusion and accentuation of recreational spaces, the ability to move on foot and street connections are
important aspects to be considered.
Mayor Kirchhoff asked for input on the proposed vacation of the street'right-of-way in the Pleasant
Valley Subdivision. ^ majority of the Commissioners voiced their desire to retain that street right-of-way
rather than seeing it vacated. They also directed staff to work with the applicant on the shifting of lots to the
north to ensure the number of single-family lots proposed is retained.
The Commissioners also agreed that the additional language suggested by City Attorney Luwe
shOuld be included in the condition pertaining to installation of sidewalks.
The Commissioners tumed their attention to the parkland dedication. They concurred that the park
should be shifted to the center of the subdivision, with sidewalks on both sides. A majority of the
Commissioners agreed on a .75-acre parkland dedication. They also agreed that, to the extent possible
04-15-2002
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under law, the cash-in-lieu monies will be earmarked for improvement of the park in accordance with a park
plan duly approved by the City Commission upon recommendation of the Recreation and Parks Advisory
Board.
It was moved by Commissioner Hietala, seconded by Commissioner Cetraro,.that the preliminary
plat for West Glen Major Subdivision, as requested by Dennis Balian for Frank and Dora Harrington; .Daryl
Todd, Richard Davis and David Davis; and Gary and Dorothy Butcher under Application No. P-02006~ to
subdivide 18.71 acres described as a portion of the south one.half, northwest one-quarter of Section 11,
Towriship 2 South, Range 5 East, Montana Principal Meridian, into 15 single-family residential lots, 32
townhouse lots and 25 duplex lots, with a variance from Section 16.14.040.A. of the Bozeman Municipal
Code, to allow sidewalk installation to be financially guaranteed and to be constructed as each lot develoPs
or within a three-year time period, and a partial waiver from Section 16.14.090, parkland dedication
re~luirements, be approved subject to the following conditions:
1. Staff recommends that parkland dedication of 1.9 acres be met bythe following:
The applicant shall dedicate .75 acres as parkland. The park shall
be centrally located within the middle block of the subdiv!sion and
shall be bordered on the north and south sides with City standard
sidewalks that provide east/west pedestrian access.
The remaining acreage required with this subdivision, 1~15 acreS,
shall be met by the cash-in-lieu amount in the value of the
unsubdivided, unimproved land after annexation into the city limits
and with new city zoning designation. The cash-in-lieu amount shall·
be stated on the final plat.
It shall be the responsibility of the subdivider to provide an apPraiSal of 'the .fair
market value by a certified real estate appraiser of their choosing. The appraisal fee
shall be the'responsibility of the subdivider. Applicant shall reverify the parkland
dedication and cash-in-lieu amount prior to final plat, subject to review and approval
by the Director of Planning and Community Development. ..
Pdor to the filing of the final plat, the applicant shall submit a master, plan for the
open space and park areas contained within the subdivision that defines-the major
uses of the open space and park areas and a plan for ordedy development and
preservation of these areas. This master plan shall include a long-term
maintenanceplan and maintenance schedule for any mowing, fertilization, irrigation,
weed control and snow removal. Any proposed improvements to thi~ park shall be
subject to review by the Recreation and Parks Advisory Board and review and
approval by the City CommissiOn. , .
'It shall be the responsibility of the subdivision homeowners', association to maintain
the park until Such time as a city-wide parks maintenance district has been formed.
Such language shall be contained within the covenants.
To the extent.possible under the 'law, available cash-in-lieu funds will be used and/or
earmarked for improvements to the subject park in accordance.With a duly adopted
park plan as noted above.
A twenty-five (25) foot corner side or front yard setback shall be .provided on all
arterials designated on the Bozeman master plan.
Applicant shall provide a 60-foot right-of-way from the proposed Meriwether Avenue
to connect with the existing 60-foot right-of-way between Lots'7 and 8 of the
Pleasant Valley Subdivision No. 1 on Valley Drive. If the existing right-of-way is
vacated by the County pdor to completion of the street improvements serving the
west area of the subdivision, the right-of-way does not have to be provided. If the
County only vacates a portion of the right-of-way, leaving a portion for pedestrian
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access, prior to completion of the street improvements serving the west area of the
subdivision, the 60-foot right-of-way shall be reduced to match .the width of the
remaining right-of-way, and the developer shall install a minimum 5-foot-wide
sidewalk from the sidewalk on Meriwether Avenue to the west property line of the
subdivision, and shall plant drought resistant grass in the remaining right-of-way. If
the right-of-way is not vacated, the street shall be constructed to the property line
of the subdivision to the same standard as Meriwether Avenue, including sidewalk
on both sides.
Prior to filing the final plat, the applicant shall reconfirm or vedfy with the County GIS
Department, County Road and Bddge Department, and City Engineer that all
proposed names are acceptable in order to avoid duplication of names countywide,
which may occur between preliminary approval, of this subdivision 'phase and filing
of final plat.
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
dghts required will be determined by the Director of Public Service based on the
proposed final plat(s).
The final plat shall note the front, side, rear, and comer side yard setbacks for all
residential lots, which shall be subjeCt to setback requirements effective at the time
of lot development.
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 homeowners' association maintenance of all applicable
homeowners' association open spaCe, pedestrian facilities and stormwaterfacilities.
'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 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 and controlled by motion
detectors. 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
04-15-2002
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10.
11.
12.
13.
14.
15.
16.
17.
18.
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.
19.
20.
Applicant shall provide a soils report t° the Building DiviSion, recommending types
of foundations. If development shall occur in phases, the soils report may address
those lots within the proposed phase.
Public park land may not be used for stormwater detention or retention 'ponds.
The Annexation Agreement, including Waivers and Public Street Easements, and
Ordinance shall be formally eXecuted and filed with the County Clerk and Recorder's
Office prior to filing of the final plat.
Within the Covenants, Article VIII - Architectural Controls, Section 5 - maximum
ddge height shall be noted according to applicable zoning ordinance restrictions for
R-2 and R-3A.
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.
The applicant is advised that the subject property is in both the SID 621 (sewer) and
SID 622 (water) payback areas. The required paybacks to these districts must be
made pdor to issuance of any building permits.
Any easements needed for. the water and sewer main extensions shall be a
minimum of 30 feet in width. All necessary easements documents shall be provided
prior to plan and specification approval. Whereverwater and/or.sewer mains are not
located under or accessedfrom improved streets, a 12- foot-wide all weather access
ddve shall be constructed above the utilities to' provide necessary access. If only
one utility is to be installed, the easement may be 20 feet wide with the utility
centered in the easement.
Any public street rights-of-way for which easements have been provided (i.e. West
Babcock Street) shall be dedicated to the City on the final plat for this subdivision.
No new direct access from individual lots in the subdivision to West Babcock Street
will be approved.
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. period to the
Planning Director for the City Commission's consideration. '
If it is the developer's intent to file the plat pdor to the-completi°n 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
04-15-2002
21.
22.
23, '
24.
25.
26.
27.
28.
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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 improvement's.
A Stormwater Management Plan for the subdivision for a system designed to
remove solids, silt, oils, grease and other pollutants from the runofffrom the pdvate
and public streets and all lots must be provided to and approved by the City
Engineer.
The plan must depict the retention/detention basin locations and locate and provide
easements for adequate drainage ways within the subdivision to transport runoff to
the stormwater receiving channel. Stormwater receiving channels shall be clearly
identified for all ponds.
The plan shall include sufficient site grading and elevation inf°rmation (particularly
for the basin sites, drainage ways and lOt finished grades), typical stormwater
retention/detention basin and discharge structure details, basin s!zing calculations
and a stormwater maintenance plan.
Any stormwater ponds located within park or open space and. utilized by this
development shall be designed, constructed and/or added to so as to be conducive
to the normal use and' maintenance of the park or open space. Stormwater ponds
shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City
Engineer will be required as part of the infrastructure plan and specification .review
process.
Any necessary stormwater easements shall be provided prior to plan and
specification approval.
The developer's engineer shall prePare a comprehensive design report evaluating
existing capacity of water and sewer utilities. The report must include hydraulic
evaluations of each utility for both existing and post-development demands. The
report findings must demonstrate ade.quate capacity to serve the full development.
If adequate water and/or sewer capacity is not available for full development, the
report must identify necessary water and sewer system improvements 'required for
full development. The developer shall be responsible to complete the necessary
system improvements to serve the full development.
The' location of and distinction between existing and proposed Sewer and water
mains and all easements shall be clearly and accurately depicted, as well as all
nearby fire hydrants and proposed fire hydrants.
All water main extensions in excess of 500 feet long shall be fully looped.
Any existing residences on the property must be connected to City water and sewer
utilities and the existing on-site treatment systems properly abandoned at the time
of development.
City standard curb, gutter and sidewalk shall be provided along all streets in the
subdivision. Per Chapter 16.14.040 of the subdivision regulations sidewalks will be
installed at the time of the construction of the street improvements unless a vadance
is approved by the City Commission.
Street cut permits will be required for West Babcock Street.
04-15-2002
-11 -
29.
Applicant will be responsible for installation of all required street signs, including stop
signs at the intersections of West Mendenhall Street and William Avenue and West
Babcock Street and Meriwether Avenue.
30.
The configuration and location of mailboxes for this development must be
coordinated with and approved by the City Engineering Department.
31.
Impacts on the existing water distribution and wastewater collection systems must
be provided.
32.
The Water/Sewer Department will review engineered plans and profile submittals
when they are provided.
33.
Language within the covenants shall be modified to strike out conifers as an
acceptable front yard tree and add one large canopy tree instead.
34.
Language within the covenants shall read that boulevard trees shall be of the type
and size per the City of Bozeman standards and boulevard tree species list.
35.
The east/west 15-foot-wide open space area shall be labeled as a linear park on the
final plat with the restriction that a maximum 4-foot-high fence be installed on either
side. Language within the covenants shall reflect this as well.
36.
Applicant shall install traffic calming devices at the ends of the linear park where
they intersect with the interior streets, subject to review and approval by the City
Engineering Department.
37.
An Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all sidewalks in the subdivision within a three-year
period. The developer shall supply the City of Bozeman with an acceptable method
of security equal to 150 percent of the cost of these remaining sidewalk
improvements.
The motion carded by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
Break - 9:10 to 9:23 p.m.
Mayor Kirchhoff declared a break from 9:10 p,m. to 9:23 p.m., in accordance with Commission
policy.
Public hearina - comprehensive revisions to subdivision regulations (P-0129)
This was the time and place set for the public hearing on comprehensive revisions to the subdivision
regulations, as forwarded under Application No. P-0129. Included in the Commissioners' packets were a
letter from Jay Fulwiler, a letter from the Gallatin Valley Land Trust, a memo from the Recreation and Parks
Advisory Board and a letter signed by representatives of seven engineering firms regarding the proposed
amendments.
Mayor Kirchhoff opened the public hearing. He noted that, in light of the written comments received
and the complexity of these amendments, he anticipates no decision will be made at this meeting, but that
the hearings will be continued to next week.
Associate Planner Jody (Olsen) Sanford presented the staff report. She gave a bdef overview of
the proposed revisions, as contained in her memo dated April 5. The bulk of the proposed revisions bring
the subdivision regulations into substantial compliance with State statutes. Many of the revisions remove
04-15-2002
text remaining from the old city/county planning program, provide for increased conSistency in numbering
and terminology, correct typographical errors ,or update procedures to reflect cur. rent practice.
Associate Planner Sanford stated the remaining amendments pertain to standards and requirements
and are aimed at beginning implementation of the Bozeman 2020 Community Plan. Those amendments
include revisions tO lot dimensions and orientation; blocks, to encourage design for a high level of multi-
modal connectivity and to establish block'lengths based on a grid configuration; and sidewalks, to allow for
installation within three years of plat recordation, with financial guarantee as requested by theCity Attorney.
The Associate Planner stated the biggest changes are in the Watercourse setbacks. She. stressed that
existing subdivisions are not impacted by these cha.nges; however, if a lot is not'yet developed, it will be
subject to the zone code requirements, which are to be revised to mirror these proposed amendments. She
stated the existing regulations require a 35-foot setback with a minimum of 5 feet in natural vegetation;
under the revisions, setbacks are 100 feet for the East Gallatin. River, with 50 feet in natural vegetation;
setbacks are 75 feet along SOurdough/Bozeman Creek and Bridger Creek, with 5 feet in natural vegetation;
and setbacks along all other watercourses are 50 feet, with 5 feet in natural vegetation. The setbacks are
also to be expanded to include adjacent wetlands and the 100-year floOdplain.
The Associate PlanNer noted that other amendments pertain to access separation; add alley
standards; amend the street standards chart to reflect those in the recently.adopted GreaterBozeman Area
Transportation Plan 2001 Update; and amend the foOtnotes to that chart to discourage the. use of cul-de-
sacs except to address topography, critical lands or other site constraints.
Associate Planner Sanford noted that the Commission has received several letters. She briefly
highlighted some of the issues contained in those letters and identified how they have been addressed in
the revisions. She noted that, in light of some of the concems, staff has recommended elimination of the
sentence requiring free-span bridges or other bottomless crossings. She stated that the agencies currently
responsible for reviewing requests for crossings and other work along a watercourse have the expertise
needed, and their main concern is protection of the .watercourses; therefore, staff recommends that they
continue with that review rather than City staff assuming that responsibility.
The Associate Planner turned her attention to the issues raised regarding placement of trails in the
watercourse setback.. She noted that the setback is divided into three zones, with Zone 1 being the first 30
percent of the setback, Zone 2 being the next 30 percent and Zone 3 being the final 40 percent. Under
these revisions,' trails are limited to Zone 3, which means that for most watercourses the trails will be a
minimum of 30 feet from the streambank; along Bozeman Creek and Bddger Creek they will be 45 feet back;
and along the East Gallatin River, they will be 60 feet back. She indicated that staff supports one
amendment to that requirement which would allow limited spur trails to-the water edge, with the possible
installation of benches .at the terminus of the spur.
Associate Planner Sanford stated that another round' of revisions will be needed to bdng the
subdivision regulations into full compliance with the growth policy. She indicated that work will be started
on those revisions soon since the process is to be completed by October 22, the one-year anniversary of
adoption of the growth policy.
Mayor Kirchhoff asked that staff provide a memo with responses to the various issues raised prior
to next week's meeting.
Mrs. Anne Banks, member of the Recreation and Parks Advisory Board and its liaison to the Gallatin
Valley Land Trust trails committee, noted the Commission has received written comments from Laurita
Vellinga on behalf of the ReCreation and Parks Advisory Board and the Gallatin Valley Land Trust voicing
concern about the location of trails in the watercourse setbacks. She expressed appreciation for staff's
willingness to accept spur trails to the water's edge at intervals, noting they will prevent degradation along
the edge of the waterway. She noted that 'limiting trails to Zone 3, however, puts the trails in the farthest
zone from the water and adjacent to landowners' back yards. The planting proposal for watercourse
setbacks includes trees in Zone 1, shrubs in Zone 2 and native grasses in Zone 3; and this precludes the
potential of buffering the trails from the adjacent yards through use of vegetation. She suggested that this
revision be amended to allow for buffering with plantings.
04-15-2002
13-
Mr. Ralph Zimmer, Chair of the Pedestrian/Traffic Safety Committee, submitted a letter dated April
15, in which he forwarded the Committee's recommendation that Table 1-A on Page 16-.9 be amended to
add the dimension of 37 feet back-of-curb to back-of-curb for street widths. He stated the Committee feels
the long-term safety interests of the City are cdtical and cautioned that the narrower street standards result
in additional problems and concerns. He noted that, during peak hours, local streets can carry 5 vehicles
per minute; and when those vehicles meet on narrow streets, problems and hazards can arise. He
recognized the argument that the widths contained in the regulations are minimums; however, he noted that
developers will probably not volunteer to increase the street widths unless they are identified in these
regulations. He further noted that during review of the draft transportation plan, the Pedestrian/Traffic Safety
Committee was assured the local street widths would be advisory to the Commission and that the "rubber
would hit the road" in the subdivision regulations. He concluded by encouraging the addition of the 37-foot
width for local streets pdor to adoption of the revisions. -
Mr. Steve Kelly characterized the revisions to the watercourse setbacks as big improvements;
however, he is concerned about the potential for fill within those setbacks. He stated that, depending on
topography, more consideration should be .given to the stream; and he is not sure that 50 feet is adequate
to address the goal of keeping dirt out of the stream. He stressed that the community has limited water
resources and, while existing conditions cannot be changed, steps can be taken to protect what is left. He
encouraged the City to improve the 310 permit system, stating that the issuance of those permits has led
to many problems.
Ms. Chandler Dayton, 716 East Peach Street, voiced concurrence with Mr. Kelly's comments. She
then voiced concern about the potential of granting variances and stressed the importance of protecting the
community's healthy water.
Mr. Ray Center, consulting engineer, stated that local engineering firms are generally in support of
the proposed revisions. He indicated that their concems revolve around the floodplain definition process
which, as proposed, works well for the major streams and rivers but creates problems for the small streams
that drain from 1 to 5 square miles and then traverse the community. Since a small stream does not require
the same degree of analysis or review as a large stream, he suggested that the local firms would be willing
to work with the City Engineer's Office to develop a revised review procedure that is acceptable to both the
public sector and the priVate sector. '
Mr. Mike Jarrett, 845 West Arnold Street, stated he is currently building houses in Allison
Subdivision, which has almost all cul-de-sac streets. He noted that he can understand the limiting of cul-de-
sac streets; however, he stated the language as proposed is too strong. He voiCed his support for cul-de-
sac streets, noting that many famiiies with young children prefer them because of the increased safety due
to slower speeds and less traffic. He also cautioned that the gdd street system can result in double street
frontage for a lot, increasing the costs and reducing the buildable area. He concluded by stating a
subdivision with cul-de-sac streets can be a neighborhood if planned correctly.
Mr. Jay Fulwiler stated he owns a couPle piec, es of property that could potentially be impacted by
the watercourse setback requirements and asked for an explanation of what those impacts might be.
Mr. Mark Evans, Executive Director of the Southwest Montana Building Industry Association,
distributed a letter forwarding the Association's comments on both the proposed subdivision regulations and
the zone code revisions. He noted that the watercourse setback requirements differ between the two
documents and forwarded concerns that the increased setbacks will result in increased costs. He
encouraged the Commissioners to remember that increased costs show up in the cost of a developed lot.
Other concerns include the amount of buildable land taken off the table with these requirements, impacts
on property values, additional landscaping requirements, types of creek crossings required and stormwater
treatment. He concluded by noting there are two competing issues--affordable housing and environmental
protection--and a balance must be found.
Associate Planner Sanford addressed some of the issues raised during the public hearing. She
noted that existing lots will not be impacted by the watercourse setbacks in the subdivision regulations but
will be affected by those in the zone code. Those requirements are essentially the same in both documents,
but there is some flexibility on the applicability of the zone code requirements. She indicated that a
developer may ask for a variance to the code requirements, and the Commission determines if it meets the
04-15-2002
criteria. She turned her attention to the approval process for stream croSsings, noting that the. Department
of Fish, Wildlife and Parks and the Soil Conservation Service are conservative on these issues, with. their
focus being on what is best for the waterdourse. As a result, City staff is comfortable with those agencies
continuing to review requests on a case-by-case basis rather than legislating a "one size fits all" solution.
Mayor Kirchhoff continued the public headng to next week's meeting, noting that the Commissioners
invite any and all forms of communication in the meantime.
Public hearinQ - comprehensive revisions to the zone code and zone map amendmen.ts to brin~
portions of zone code into compliance with the adopted Bozeman 2020 COmmunity Plan {Z-01218)
This was the time and place set for the public hearing oncomprehensive 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. Included in.the Commissioners' packets
were a letter from Jay Fulwiler; a letter from Sandan, L.L.C.; a letter from Joel Shouse; and a letter signed
by representatives of seven engineering firms regarding the proposed amendments:
Mayor Kirchhoff opened the public hearing. ·
Planning Director An. dy Epple presented the staff report on behalf of Associate Planner Chris
Saunders. He stated these amendments are to bring the zone code into compliance with the Bozeman 2020
Community Plan and to implement items which reflect smart growth policies. He streSsed 'that this is an
intedm solution, with a broader and more comprehensive rewrite of the zone code to b'e adopted by the
October 22 deadline. He indicated that staff is still activelY exPloring the prospects of a unified development
code in place of the two documents, being revised at this time.
Planning Director Epple stated that the Zoning Commission held public.hearings on these revisions
at its meetings on March 20 and April 2 and forwarded their reco.mmendatiOn forCommission consideration.
He gave an overview of those revisions, as contained in Associate Planner Saunders' memos dated April
5 and April 12. Those revisions include text changes to several chapters of the-zone code to establish an
intent statement; establish and modify conditions; allow for more efficient, adoption of zone map
amendments; add community centers as a conditional use in all residential districts; amend uses, setbacks
and height limitations in several zoning districts; revise floodplain regulations; revise landscaping
performance standards; revise several general provisions to reflect revisions in the. subdivision regulations;
and correct typographical errors, inaccurate references and other minor edits.
Planning Director Epple characterized the' revisions to the watercourse .setbacks as' significant,
noting that these revisions reflect the state of the art and the most aggressive thinking on protection of water
quality and waterway corridors. He stated that under these new regulations, no fill will be allo. wed in any
portion of the setback. Under the Zoning Commission's recommendations, the new setback requirements
are to be applied to all projects, to the extent possible given site restrictions.
The Planning Director turned his attention to the revisions of parking requirements, noting that they
include reductions for affordable housing, reductions where commercial develoPment and a housing project
jointly share parking, and a cap of 125 percent of the parking requirements in the code.
The Planning Director conclUded by bdefly responding to some of the Written correspondence
re;:eived. In response'to Mr. Shouse's letter, he noted that staff had intended to include the zone change
on the Rolfe property but did not do so because of an oversight. He indicated that the new watercourse
setbacks will not be applied to existing developed properties, with some flexibility available on existing
parcels that have not been developed. He also noted that the Zoning Commission's recommendation is to
not reduce the uses allowed in the "M-I" zoning district.
Mr. Steve' Kelly suggested that a direct connection between the goals in the 2020 plan and the
revised language would be good, particularly since one may lose sight of the reason for the change. He
stressed the importance of water and protecting the corddor that provides habitat for birds, native fish and
wildlife. He noted that water quality is not cl~ady stated as a goal in the plan and'indicated that
swimmable/fishable water is the basic standard'. He identified keeping pollutants out of the stream as one
04-15-2002
f the primary reasons for the setba~:k and suggested that special variance language be included in the
code to ensure that purpose is protected. He concluded by proposing creation of a riparian, distdct along
the community's waterways to stress that these are special lands that need additional attention.
Ms. Chandler Dayton, 716 East Peach Street, stated she shares'Mr. Kelly's concems about the
sanctity of water and the need to protect it. She noted that on a walk north along BOzeman Creek from East
Tamarack Street past Osterman's, one can See what little respect the City has given to the watercourse
setback. She noted the building industry will argue it's about numbers and cost and suggested that
incentives to the property owner could help to offset those arguments. She concluded by reminding the
Commission that Chapter 8 of the Bozeman 2020 Community Plan stresses the protection of these areas.
Mr. Jay Fulwiler stated that he purchased a 2.7-acre parcel inside city limits.that is tucked away in
an odd.area, with a creek running through it. Before he purchased it, he hired an engineering firm to assess
the parcel and then went to'the Development Review Committee. He was told that the proPerty could be
built on, within code, although he needed to extend water service to the site and have the road paved.' He
proceeded with getting a special improvement district created for the paving of the road and installation of
water and sewer, and he is now in a position to either develop the land or sell it; and the proposed zone
code amendments include not only revised streambank setback requirements but a proposal to limit the
uses allowed in the "M-I" zoning district. He characterized himself as an environmentalist; however, he is
also concerned that, as a private citizen, he has sPent a considerable amount of money. After researching
code. requirements to make sure he could do what he proposed, he is now facing the 'potential of
significantly changed rules.
Mr. Bob Lee, land use planner, addressed the issue of watercourse setbacks, noting that the
revisions, as written, say the setbacks are equivalent to the 100-year floodplain. He stated that not all
floodplains are created equally, and cautioned that implementing such restrictions along small streams could
result in a takings issue since public safety is not a cdtical issue in those instances. He concluded by
encouraging the Commission to look closely at the language in the revisions, which could inhibit the ability
to look at rational development in certain areas.
Mr. Dan Madison, SANDAN, L.L.C., noted that an "M-I" zoning designation has been requested in
Cattail Creek Subdivision, to serve as a buffer between the big box development along North 19th Avenue
and the residential development that is to occur on the westem portion of his property. He expressed his
support for the Zoning Commission's recommendation to leave the "M-I" uses essentially as they currently
exist and asked the Commission to approVe the revisions as recommended.
Mr. James Nickelson, consulting engineer, addressed the 'issue of free-span bridges. He voiced
concurrence with staff's assessment that the City doesn't have the experts or resources to analyze needs
and suggested that the existing reviewing agencies be retained. He then turned his attention to watercourse
setbacks, particularly since they are designed to get wider and wider as the 100-year floodplain expands.
He cautioned that the result of this additional requirement is that there will be no flood and no construction
in a floodplain, thus eliminating the need for Chapter44 of the zone code. He concluded by stressing the
importance of balancing all of the community goals.
Mr. Phil Rotherham spoke in support of accessory residential units in the "M-I" zoning district and
for approval of selling retail goods manufactured on site. He also supported the amendments to the parking
requirements, particularly as they apply to affordable housing and those parking areas jointly used by
commercial and residential activities.
'Mr. Mark Evans, Southwest Montana Building Industry Association, voiced concern about the
proposed revision that would expand watercourse setbacks to include the 100-year floodplain. He
cautioned that this provision might be in conflict with Montana Code Annotated, which indicates there are
certain uses which a government must permit, including open space and building of structures. He
encouraged the Commission to carefully review those provisions and to seek a legal opinion from the City
Attorney's office on whether the setback can be extended as proposed.
MaYor Kirchhoff continued the public hearing to next week's meeting.
04-15-2002
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Discussion -. FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Letter and press release from the National Arbor Day Foundation, dated Apdl 5, announcing
that Bozeman has been named as a 2001 Tree City USA, for the eighth year, and a Growth Award recipient.
(2) Copy of a notice being sent to the property owners in the West Park Manor neighborhood
for a meeting to be held at 7:00 p.m. on Wednesday, Apdl 24 at the Emily Dickinson School regarding
potential traffic calming solutions.
(3) Letter from the Bozeman Police Department, dated March 31, endorsing'the bicycle lanes
proposed in the transportation plan rather thah bike paths. · ·
(4) Letter from Anne Trygstad regarding the importance of parks, swimming pools and skating
rinks in Bozeman and voicing concerns about the reduced skating rink maintenance this year.
(5) Copy of the April 9 updated list of planning projects to be considered at upcoming
Commission meetings.
(6) Minutes from the Tree AdvisoryB0ard meeting held on March 20, 2002..
(7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 16,
at the Willson School. ~'
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, April 16, at the Professional Building.
(9) Agenda for the City Planr{ing Board meeting to be held at 7:00 p.m. On Tuesday, April 16,
in the Commission Room and notice that the Zoning Commission meeting has been cancelled 'due to lack
of agenda items. ...
(10) Agenda for the Transportation Coordinating Committee meeting.to be held at 9:30 a.m. on
Wednesday, April 17, in the Commission Room.
(11 ) City Manager Johnson announced that he and Assistant'C!ty Manager Brey are hosting the
Greater Open Spaces City Management Association (GOSCMA) later this week. He invited the
Commissioners to' attend the Thursday training session on the topic "from the inside out". and to attend.the
dinner on Thursday evening if they wish. He characterized this session as a continuation of the learning
that was started in the reCent Leading, Educating and Developing (LEAD) seminar at Big Sky.
(12) The City Manager stated that he attendbd the Recreation and Parks AdVisory BOard meeting
on. Thursday evening, at which the Bozeman Friends of Parks indicated they. have over 1,000 names on
a petition to continue maintaining the ice skating rinks. The group also.indicated that they anticipate they
could raise monies to support certain activities and would be willing to assist with some volunteer help.
· (13) City Manager Johnson stated it has become apparent the' Planning staff needs a jump start
in preparing subdivision regulations and a zone code that matches the recently adopted Bozeman 2020
Community Plan because there is no good model to follow in developing a code that reflects smart growth
ideas. As a result, he asked if the Commission Would ·be willing to support attempts to bring in a top level
planner and a top level land use attorney, to con. duct half-day or full-day seminars and toassist staff in
getting started on the new document.'
Responding to Mayor Kirchhoff, Planning Director Epple suggested that' the sessions, would be
beneficial for both staff and the development community. 'He also indicated an interest in learning how to
respond to development proposals with encouragement and incentives rather than butting, heads.
A majority of the Commissioners indicated support for the proposal.
04-15-2002
-17-
(14) City Manager Johnson distributed copies of an exhibit that he had been given by the owners
of OWenhouse ACE Hardware. He noted that they are proposing to construct a new building immediately
west of the Woolen Shop and south of the Bozeman Ponds on the west edge of the citY. They have,
however, encountered problems with a seCond access since neither the Woolen Shop nor the bank to the
west will grant an easement. The tire shop located at the west edge of the Gallatin Valley Mall has indicated
a willingness to grant an easement; however, Owenhouse needs an easement across the southeast corner
of the Bozeman Ponds site to reach the tire shop property. The Bozeman Ponds property is owned by the
State of Montana, but the City of Bozeman has an easement across the. corner where Owenhouse
Hardware is seeking its access easement. As a result, the State has indicated it will not grant an easement
until the City has indicated a willingness to allow an easement on top of its easement. He indicated that this
type of issue is typically handled by staff, but this one cardes some political overtones..
(15) Commissioner Youngman asked who will be attending the Gallatin Development Corporation
(GDC) meeting on Wednesday; City Manager Johnson volunteered to do so. Commissioner Youngman
suggested that he ask for~ input on the proposed revisions to uses allowed in the "M-I" zoning district, since
those revisions were prompted by concerns about the lack of affordable land for manUfacturing businesses.
Adjournment - 11:10 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 CommissionerYoungman, Commissioner
Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
KIRCHH_._OFF, Mayor-"~' f
ATTEST:
ROBIN L. SULEIVAN
Clerk of the Commission
04-15-2002