HomeMy WebLinkAbout2006-02-27 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 27, 2006
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The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin
County Courthouse, 311 West Main Street, on Monday, February 27, 2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Kaaren Jacobson,
City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell,
Director of Finance Anna Rosenberry, Director of Public Safety-Police Mark Tymrak, Director of Public
Safety-Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Robin
Sullivan. Commissioner Steve Kirchhoff was absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Authorize absence of Commissioner Kirchhoff from this meetina
It was moved by Commissioner Becker, seconded by Commissioner Rupp, that Commissioner
Kirchhoff's absence from this meeting be authorized. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Jacobson, and Mayor
Krauss; those voting No, none.
Minutes -Auaust 1. Auaust 15. SeDtember6. SeDtember 12. and DecemberS. 2005. and January 17.
February 6. February 17. and February 21. 2006
It was moved by Commissioner Rupp, seconded by Commissioner Jacobson, that the minutes of
the meeting of February 6,2006, be approved as amended. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Rupp, Commissioner Jacobson, Commissioner Becker, and
Mayor Krauss; those voting No, none.
Mayor Krauss deferred action on the minutes of the meetings of August 1, August 15, September
6, September 12, and December 5, 2005, and January 17, February 17, and February 21,2006, to a later
date.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Items.
Commission Resolution No. 3893 - callina for sale of and issuance of $1.588.000
SDeciallmDrovement District No. 684 bonds and Dledaina the revolvina fund
thereto
COMMISSION RESOLUTION NO. 3893
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO $1,588,000 SPECIAL IMPROVEMENT DISTRICT NO. 684 BONDS;
AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF AND
AUTHORIZING THE PLEDGE OF THE REVOLVING FUND TO THE SECURITY
THEREOF.
Award construction bid for SID No. 684 (Durston Road west of North 19th Avenue)-
Johnson-Wilson Constructors Inc. Helena Montana in he bid amount of
4 310 068.69
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Authorize Citv Manaaer to sian - Amendment No. 3 to Professional Services
Agreement with Morrison-Maierle.lnc.. for Durston Road proiect (SID No. 684)-
expand scope of service to include construction administration and inspection
and add $336.200.00
Claims
It was moved by Commissioner Jacobson, seconded by Commissioner Becker, 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 Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss; those voting No,
none.
Public comment
Michael Delaney, asked for clarification of the details on the price of the property that the parking
garage is planned to be constructed upon. He noted the Powder Horn was not required to pay for 43
spaces under the old downtown parking SID, and asked that they not be given preferential treatment in the
garage project but that they be required to meet the same requirements as other downtown property
owners.
Preliminary plat for Diamond Estates Subdivision No.2. Phases II and III - subdivide 82.19 acres
located east of Flanders Mill Road and south of West Oak Street extended into 182 residential lots -
Gaston Enaineerina and Survevina for Doualas Smith {P-05071}
This was the time and place set for the decision on the preliminary plat for Diamond Estates
Subdivision No.2, Phases II and III, as requested by Gaston Engineering and Surveying for Douglas Smith
under Application No. P-05071, to subdivide 82.19 acres described as a portion of the South one-half of
Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, into 182 residential lots. The
subject property is located east of Flanders Mill Road and south of West Oak Street extended.
Decision
Senior Planner Dave Skelton called attention to the latest design, which is date stamped February
15. Staff has reviewed the new preliminary plat in light of applicable criteria and is noting that the
application complies with the following revisions to the conditions originally recommended:
3. That the design of the local ~treet systel1, for the ~ubdivi~ion be modified to realign
Moonstone Drive to par8l1el the open ~~eGe/trail corridor in Olock 7.
5. The end lots for bot'" grou~ings of modular lots along Jade Avenue must be a
n,inimum wide of 35 feet to com~ly with required side yard setbacks.
23. The end lots for both grou~ings of modular lots along Jade Avenue must be a
minil'lum vvide of 30 feet to com~ly ,.~"ith rer.juired side yard setbacks.
22. The east/west street between Blocks 2 and 3 in the northwest corner shall be
terminated short of Ferguson Avenue by means of either a cul-de-sac, or a tee
intersection created by the street and alley. This intersection as shown is too close
for future turn bay and taper that will be required for this arterial! collector
intersection.
23. Renova Lane, Moonstone Drive, and Jade Avenue shall be right in/right out only at
their intersections with Ferguson Avenue unless the information required by Section
18.44.090.H of the Bozeman Municipal Code to grant a deviation is provided to and
approved by the City Engineer.
24. Given only the southern half of West Oak Street is being installed with this
development (equivalent to a local street), full access at the intersection of Emerald
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Loop and West Oak Street will be allowed at this time. When the north half is
constructed, a break in the median will not be installed and the intersection will
become right in/right out only.
25. Conditional approval is based upon the revised preliminary plat date stamped
February 15, 2006.
Dennis Foreman, Gaston Engineering, representing the applicant, stated concurrence with the new
conditions.
Joan Green, 725 Solar Way, questioned how and who is responsible for ensuring adequate water,
sewer and garbage collection services to all new subdivisions.
Senior Planner Skelton noted that as the process moves forward, the Development Review
Committee reviews the capacities to ensure they are adequate for the new development.
Director Epple added that any new development does use up a certain increment of capacity in
these systems when they connect. The City collects impact fees to offset the costs of the increment of
capacity as they tie in. They can then earmark dollars for system expansion as the community grows.
Responding to questions from Commissioner Rupp, Director Epple responded that impact fees are
for capacity expansion projects. They can't be used for extending lines, but must be used for major mains
and street improvements. He indicated that, while plant expansions were not included in the impact fee
structure, the monies can be used for those capacity expanding improvements.
Commissioner Jacobson noted that now that connectivity is fixed, she can vote for this subdivision.
Mayor Krauss noted that he encourages development with city services, and subject to the much
higher standards of the City.
It was moved by Commissioner Becker, seconded by Commissioner Jacobson, that the preliminary
plat for Diamond Estates Subdivision No.2, Phases II and III, as requested by Gaston Engineering and
Surveying for Douglas Smith under Application No. P-05071, to subdivide 82.19 acres described as a
portion of the South one-half of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian,
into 182 residential lots, be approved subject to the following conditions:
1. The applicant must comply with all provisions of the Bozeman Municipal Code,
which are applicable to this project. The applicant is advised that unmet code
provisions, or code provisions that are not specifically listed, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
2. The applicant will execute a Public Park Easement for Diamond Park at the Clerk
and Recorder's Office with the filing of the final plat for Phase One of the major
subdivision, and that said is dedicated to the general public with Phase Two.
3. That all subdivision alleys provide a twenty-foot-wide all weather accessible surface
within 20-foot rights-of-ways. Any allowed parking in the alleys will required "No
Parking Fire Lane" signage.
4. No building permits shall be issued until the construction contract for the Durston
Road SID project has been awarded.
5. The preliminary plat submittal only shows one connection to the existing water
system. Additional connection shall be made at a minimum at Saunders, Annie,
Dylan, and Oak. If the mains do not exist at these locations at the time of the
installation of the infrastructure, the new mains shall be installed to the property line
for future connection by the adjoining subdivision.
6. An all weather access road and easements shall be provided for all of the sewer
main outside of the limits of the subdivision.
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7. Flanders Mill Road shall be improved along the entire frontage of the subdivision to
a local street standard. This shall include curb and gutter on both sides, sidewalk
on the east side only, and the necessary utility extensions. The sidewalk may be
installed with the houses as allowed by code, but must be financially guaranteed to
file the final plat.
8. The south half of Oak Street shall be improved to the 5-Lane Principal Arterial
standard as shown in the Transportation Plan from the end of the existing street to
the east to the western boundary of the subdivision.
9. A 1-foot No Access Strip shall be shown on the plat along the entire frontage of
West Oak Street and Ferguson Avenue, with limited access onto Flanders Mill
Road.
10. This property is part of all three Valley West payback districts. Paybacks will be due
with each phase of the subdivision.
11. The sidewalks adjacent to Oak shall be 6 feet wide, and shall be installed at the time
the street improvements are done.
12. The recommended improvements to the signal at West Oak Street and North 19th
Avenue shall be installed as part of the required infrastructure for Phase I subject
to review and approval of MDT.
13. The recommended improvements to mitigate the level of service to the intersection
of Ferguson Avenue and Durston Road shall be installed with Phase II. Prior to
Phase III, the intersection shall be re-analyzed to determine if any additional
improvements are required to maintain an adequate level of service. Any additional
improvements necessary to maintain an adequate level of service shall be installed
as part of the Phase III infrastructure.
14. A note shall be added to the face of the plat that prohibits the installation of fences
within the limits of public utility easements (i.e. water, sewer, storm sewer mains).
The note shall clearly and specifically indicate the lots which are effected. The
restriction shall also be included in the subdivision covenants.
15. That water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final
plat review and approval for each phase. If the final plat of the subdivision is filed
in phases, water rights, or cash in-lieu thereof will only be required for each phase
of the subdivision that is being filed. The applicant shall provide payment of the
calculated cash-in-Iieu of water rights based on an amount determined by the
Director of Public Service.
16. That a "No Full or Partial Basement Construction" restriction be placed on the final
plat for all residential building construction within the subdivision and noted
accordingly in the protective covenants.
17. That the applicant submit a soils report for the entire subdivision with the final plat
for use by the City of Bozeman Building Department and that the final plat contain
the following language that is readily visible, placing future landowners of individual
lots on notice of the presence of high groundwater in the area of the subdivision:
"Due to the potential of high ground water tables in the areas of the
subdivision, it is not recommended that residential dwellings or
commercial structures be constructed without first consulting a
professional engineer licensed in the State of Montana and qualified
in the certification of residential and commercial construction. The
finish floor of all residential structures shall be not less than two (2)
feet above the established elevation from the top of curb of the
adjoining street, unless otherwise approved by the City of Bozeman
Building Inspection Division."
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18. That the applicant modify the protective covenants of the homeowner's association
as outlined in the staff report and that the applicant submit a revised draft of the
protective covenants for review and approval by the Planning Office at least thirty
(30) days prior to submitting for final plat approval of the initial phase of the major
subdivision.
19. All areas for the purposes of open space, storm water runoff facilities, and other
common areas owned and maintained by the homeowner's association shall be
identified on final plat as "common area" and/or "common open space", and noted
accordingly in the protective covenants of the homeowner's association documents.
20. All parks that are dedicated parkland shall be noted on the final plat as "Public Park".
21. That Garnet Street extend to the east through the open space corridor and connect
with Ferguson Avenue.
22. The east/west street between Blocks 2 and 3 in the northwest corner shall be
terminated short of Ferguson Avenue by means of either a cul-de-sac, or a tee
intersection created by the street and alley. This intersection as shown is too close
for future turn bay and taper that will be required for this arterial/collector
intersection.
23. Renova Lane, Moonstone Drive, and Jade Avenue shall be right in/right out only at
their intersection with Ferguson Avenue unless the information required by Section
18.44.090.H of the Bozeman Municipal Code to grant a deviation is provided to and
approved by the City Engineer.
24. Given only the southern half of West Oak Street is being installed with this
development (equivalent to a local street), full access at the intersection of Emerald
Loop and West Oak Street will be allowed at this time. When the north half is
constructed, a break in the median will not be installed and the intersection will
become right in/right out only.
25. Conditional approval is based upon the revised preliminary plat date stamped
February 15, 2006.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker,
Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss; those voting No, none.
Preliminary Dlat for Oak Meadows Subdivision - subdivide 20 acres at southeast corner of
intersection of West Oak Street and North 14th Avenue extended into 52 residential lots - Allied
Engineering Services. Inc.. for SAM Properties (P-05074)
This was the time and place set for the public hearing on the preliminary plat for Oak Meadows
Subdivision, as requested by Allied Engineering Services, Inc., for BAM Properties, under Application No.
P-05074, to subdivide 20 acres described as Tract A, Certificate of Survey No. 2439. The subject property
is located at the southeast corner of the intersection of West Oak Street and North 14th Avenue extended.
Assistant Planning Director Saunders noted that last week's meeting, this agenda item ended in a
2-2 split vote.
Responding to Commissioner Jacobson, Assistant Director Saunders noted that there are no
changes to the application.
Decision
Commissioner Becker announced his conflict of interest, noting that he has entered into a buy-sell
agreement for a lot within this subdivision. He then stated that he has sent a letter to the Commissioner on
Political Practices announcing this conflict and, as a result, may now vote on this item.
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Responding to Commissioner Jacobson, Assistant Director Saunders noted that access to the park
will be via the three streets adjacent to it as well as a 12-foot-wide asphalt trail along the Huckleberry Street
alignment. He noted this trail is to be similar to those along Highland Boulevard, West Oak Street and North
19th Avenue. He then indicated the DRC recommends conditions 6-10 to address emergency services
access if Huckleberry Drive is not extended.
Responding to questions raised by Commissioner Jacobson, Assistant Director Saunders noted that
if you carry Huckleberry Drive across, the park will be smaller and force a significant redesign or cash in lieu
payment. He then indicated that staff and the Recreation and Parks Advisory Board are supportive of the
current plan.
The Commissioner unanimously agreed to bring the motion and vote from the previous week
forward, as follows: It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that
the preliminary plat for Oak Meadows Subdivision, as requested by Allied Engineering Services, Inc., for
BAM Properties, under Application No. P-05074, to subdivide 20 acres described as Tract A, Certificate of
Survey No. 2439, be approved subject to the following conditions:
1. The applicant shall comply with all provisions ofthe Bozeman Municipal Code, which
are applicable to this project. The applicant is advised that unmet code provisions,
or code provisions that are not specifically listed, does not, in any way, create a
waiver or other relaxation ofthe lawful requirements ofthe Bozeman Municipal Code
or state law.
2. Buildings proposed for construction with crawl spaces or basements shall include
Engineer Certification regarding depth of ground water and soil conditions and
proposed mitigation methods to be submitted with each Building Permit. The final
plat shall include a notation that due to high ground water conditions full or partial
basements are not recommended.
3. Cash-in-lieu of water rights, as calculated by the Director of Public Service, is due
with the final plat.
4. The landscaping required within the 50 foot Class I Entryway Corridor, as outlined
in the Design Objectives Plan, shall be installed by the subdivider prior to Final Plat
or financially guaranteed.
5. The storm water detention/retention facilities shall be designed to occupy less than
1/3 of the 50 foot Class I Entryway Corridor setback and in an organic form designed
as a landscape feature.
6. A 20-foot-wide with 12-foot"wide p!J(ved all vveather aGt.e33 road will be required
along the sOl:Jth 3ide of Lots 1 7, Dlock J (the lots fronting on the park).
7. The lots fronting on the park shall pro9'ide a sidewalk connection from the prin"lary
entrance to the 20 foot wide all--weather access road.
8. rer.ee! instelled 01"1 the lots frontir.g on the park shall be restricted to a maximun,
height of 4 feet.
9. The lots fronting on the park shall be adequately signed and addressed a3 deemed
appropriate by the City of Dozeman rire Department, engineering Department and
rlanning Departl"l'lent.
10. The rolled curb providing emergency access to the lots fronting on tne park 3hall be
painted appropriatel) to pronibit parking and "~Jo rarking emergency Access Only"
signs shall be installed at each end of the all-weather acce!! road.
11. All right of way and parking lot area shall be deducted from the total parkland
dedication. These areas shall not be dedicated on the Final Plat.
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12. The Homeowners Association shall be responsible for maintenance of the park, park
fixtures, trails, etc., until such time that a Park Maintenance District or similar form
of funding is established.
13. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver
of right-to-protest creation of a SID 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 Final Plat submittal.
14. A plat note shall indicate that any future non-residential development on Lot 1, Block
4 or Lot 1, Block 5 will require PUD review and approval.
15. Light fixtures adjacent to fire hydrants shall be installed with a minimum 5 foot
separation.
16. This subdivision is in the payback district for the water main and sewer main in North
14th Avenue and for the east portion of the North 14th Avenue street improvements.
Payment of the payback is due prior to Final Plat approval.
17. Engineering staff does not support the requested deviation to initially allow full
access for Lilac Avenue and in the future to restrict it to partial access. Instead, Lilac
Avenue is to be limited to a partial access with a traffic control island to restrict
access to right in - right out only.
18. A detailed Traffic Impact Study for the Oak Meadows Subdivision has been provided
to and reviewed by the City Engineer's office. Additional information is needed prior
to approval of the improvements. The Traffic Impact Study shall also provide
recommendations for mitigation of the levels of service less than ~D" at the
intersections of Oak Street and North 19th Avenue and Oak Street and North 7th
Avenue.
19. No direct access from single family or duplex lots to Oak Street will be approved.
20. If not provided already for the entire subdivision, the applicant shall provide and file
with the County Clerk and Recorder's office executed Waivers of Right to Protest
Creation of Special Improvement Districts (SID's) for the following:
a. Street improvements to West Oak Street; including but not limited to
paving, curb and gutter, sidewalk, and storm drainage
improvements.
b. Signalization of the intersection of West Oak Street and North 19th
Avenue.
c. Signalization of the intersection of West Oak Street and North 15th
Avenue.
d. Signalization of the intersection of West Oak Street and North 14th
Avenue.
e. Signalization of the intersection of West Oak Street and North 7th
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
alternate 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.
21. Huckleberry Drive shall be extended to the westto connect with North 14th Avenue.
The park shall be bordered on all four sides by streets.
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22. Cash in lieu shall be accepted for parkland.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Jacobson, and Commissioner Becker; those voting No being Commissioner Rupp
and Mayor Krauss.
Commission Resolution No. 3894 - establish downtown parkina aaraae as a tax increment financina
proiect
Included in the Commissioners' packets was a copy of Commission Resolution No. 3894, entitled:
COMMISSION RESOLUTION NO. 3894
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
CALLING A PUBLIC HEARING TO APPROVE THE DOWNTOWN PARKING GARAGE
FACILITY AS AN URBAN RENEWAL PROJECT AND TO FINANCE THE PROJECT
THROUGH THE ISSUANCE OF TAX INCREMENT URBAN RENEWAL BONDS AND
GRANT ANTICIPATION REVENUE NOTES.
Responding to questions from Mayor Krauss, Finance Director Rosenberry responded that this is
only a resolution to set the hearing date for March 27th at 6 p.m.
It was moved by Commissioner Rupp, seconded by Commissioner Jacobson, that Commission
Resolution 3894 be adopted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rupp, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No,
none.
Memorandum of AQreement for The Garaae at City Center
Included in the Commissioners' packets was a copy of the Memorandum of Agreement for the
Garage at City Center.
City Manager Kukulski noted that over the past 18 to 24 months, there has been an agreement
between Dick Clotfelter and the City of Bozeman to build The Garage at City Center. The City has received
just over $4 million in federal monies, and is preparing to sell tax increment financing bonds to fund the
remainder of the project. In order to protect the integrity of the $4 million in federal funds, the City must to
eliminate the private partnership, it is needs to sell tax exempt bonds. In a general sense, the MOA buys
out or removes the private/public partnership. The attachments delineate the cost of the project to date.
The City Manager then noted that Lone Eagle 10 will not be constructing the 12,000 square feet of retail
space on the north side of the garage; therefore, the private space will be constructed as part of the garage
project and then sold or leased, as the City sees fit.
Director of Finance Rosenberry showed a schedule of all the costs, including a list of items, totaling
just under $17,000, that is recommended to not be paid because the City has not seen any invoices or
contracts. The City policy is that if they do not have an invoice or contract, the item will not be paid.
The City Manager noted that the second area to be dealt with is more philosophical in nature and
pertains to the taxes. He noted that, customarily, when a property is transferred, the taxes are prorated
based on who owned it and when they owned the property. Staff is seeking direction from the Commission
on how they want to proceed. The City Manager noted that the City will not be paying interest on the
lobbying fees and both parties agree to this. Whether the taxes are determined on a pro rata basis or the
City will pay them is up to the Commission. Mr. Clotfelter thinks the City should pay them because he is
selling the property to the City at the same cost that he paid for it, and not an increased price based upon
the increased value of the property over the last year.
The Garage at City Center Board recommended that the Commission approve the agreement, and
the Parking Commission has recommended approval as well.
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Chris Pope, Chair of the Parking Commission, stated that he is an advocate for this program. He
noted discussion of creating an Arts at City Center structure is what started the process that is resulting in
the parking garage as we know it. The Parking Commission established policies for how to proceed, and
they proceeded in a very formal and transparent public process; and they chose the Clotfelter group plan.
It was always anticipated that the City would own this structure. The Parking Commjsion wants the City to
take possession and to move ahead with paying funds. He stated that we need a parking facility downtown
because parking has been the number one problem in the downtown area, estimating that 85 percent of the
lots are full at key points of the day and year. Parking downtown is under demand; 3 of the 5 lots are at
capacity. Informal staff calculations say that we could lease 90 spaces today if we had the capacity. Future
parking capacity allows for future development of the city.
Bob Ekey, 719 S. 6th Avenue, stated strong concerns about lobbying fees. He thinks the fees are
excessive and exorbitant. He suggested that we look at this closer and see how reasonable this is and
make a recommendation based on that.
Brady Wiseman wants the Commission to look at the lobbying fee, but believes the downtown needs
a parking garage. He noted that only one invoice gives any detailed listing of the work that was done. He
questioned whether this is prudent money management, and requested that we consider this and require
more detail.
Responding to questions from Commissioner Rupp, City Manager Kukulski stated that he didn't think
we are going to have a good answer to the question about what happened with the Powder Horn and the
1979 SID. He noted that when we invest $8 million, we have a need and a demand for people to use the
structure, or it won't pay for itself. He added that we don't want to require every project to add another
garage in the downtown.
Mayor Krauss asked for clarification about whether the sellers of the Powder Horn property will be
obligated to pay any pro rata funds and whether a portion of the costs is to be funded through an SID; it was
put in the agreement because the City believed there would not be one.
The City Manager responded that we felt comfortable with not using an SID with the construction
of the garage and, as a result, made a committiment to the seller that they would not be assessed for an
SID for the construction. He noted, however, they would be included in an SID to maintain the facility or
fund other parking needs downtown in the future.
Mayor Krauss asked for clarification that we either pay the expenses or we don't build the parking
garage.
The City Manager responded that those who feel money is owed to them are the people that we
need to build the garage. It's generally consistent with the original MOU that the City would be paying those
reasonable costs associated with this project. The original agreement in June 2004 specifically points out
that a lobbyist and the delegation staff are working to obtain funding, and a lobbyist was hired. He looks
to the $4 million appropriation and can't be sure that there is any connection, but we were received an
appropriation for the library; and all those discussions were going on collectively. He believes that we have
a problem no matter which way we look at it and, if we don't pay the bills, he doesn't believe we will be
getting the property.
Responding to Commissioner Jacobson, the City Manager noted that there are varying details about
the lack of itemization. He noted that we have a contract where we don't have invoices, and we have
invoices where we don't have a contract.
City Manager Kukulski said that the staff is recommending the Commission make payment on all
the areas on which we have supporting documentation for services rendered for this project. He added that
if we pay the taxes, we should get the revenues generated during that time, and if we do it like a standard
closing, they keep the revenue that they derived from the time that they owned it.
Responding to a question from Commissioner Becker, the City Manager noted that this does remove
Mr. Clotfelter from the retail portion of the project. Chris noted this will become a public project from here
forward. Mr. Clotfelter has commented that he expects everything that is invoiced will be paid and we
should pay the taxes and assessments because he is selling it to us at his original cost.
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Responding to questions from Commissioner Becker, the City Manager noted that we are not
expecting more from Mr. Clotfelter than we would of another partner. The City Manager further noted that
if we don't pay the lobbying fee, Lone Eagle 10 won't sell the property.
Director of Finance Rosenberry commented she doesn't believe that the City has any power to
investigate the documentation issue on the lobbyist any further. It's a private relationship between the
lobbying firm and Mr. Clotfelter. If we need more information, we need to request it from him and she
doesn't think we can get anything independently.
Responding to questions from Commissioner Becker, City Attorney Luwe clarified that if laws were
broken, the individuals who violated the laws will be responsible.
Commissioner Jacobson stated that she doesn't like the lobbyist business at all, and she thinks that
the Commission isn't responsible for it. She is interested in moving forward with the parking garage, not
starting the process over again, which would take years. The Commission should not be involved in
anything again that requires a lobbyist. There should be no more Memorandums of Agreement between
public and private partnerships; if there are in the future, they should be monitored every month.
Commissioner Becker noted that sometimes the end does justify the means, but he is concerned
the Commission might get inadvertently dragged into some sort of misconduct by one of the previous
partners. Everyone involved was well intentioned and the question is whether we participated in criminal
activity, which can't be answered at this point. We do have enough information to pay the invoices, and the
lobbying fees are a small percent. The project is paid for entirely by the tax increment financing district and
is not a taxpayer item as was suggested in the editorial last week. This does not compete with the library
and the wastewater treatment plant. Further, both advisory boards have recommended these payments
and found the supporting materials suitable. It's in the best interests of the community to go ahead.
Commissioner Rupp noted that he understands the comments made about the amount of the
lobbying fees. If we move forward, we'll add more to this project, but will probably be breaking our word if
we don't. He believes that the records will be produced if they are asked and he would like to think that Mr.
Clotfelter would produce the records, given the high level of public trust involved.
Clarifying a point that Commissioner Becker raised, City Attorney Luwe noted that the City doesn't
provide for indemnification of Mr. Clotfelter or Lone Eagle 10; depending on how liability would fall, we might
still be able to recoup some expenses. The contract does not provide for indemnification.
Mayor Krauss commented that when this ambitious undertaking began, this was to be the first
public/private partnership to renew the downtown. He commented that it's hard to cut off one Commission
from another. He noted the Story Mansion and the library come before the former Commission in serious
trouble, and he sympathizes about feeling trapped by a prior Commission's decision. What we're doing now
is buying Lone Eagle 10 out. If the Commission had been informed continually over time, he thinks it would
have acted differently a long time ago. He thinks it's in the best interest that we carry this forward on our
own. He thinks this does compete with other resources and projects for the attention of both City staff and
the Commission. We need to decide if we want to proceed. He then stated that he barely endorses this
project at all. Next time the City enters into a public-private partnership, it is important to make sure they
are comfortable with public scrutiny. He thinks the questions that were raised about the lobbyist show how
far the current partnership has failed and to what extent. In general we did not have a partner who acted
the way a partner should act. He concluded by stating he will vote for payment of the bills because the
parking garage is the prize.
Commissioner Rupp noted we need to remember that for the heart of the city to be competitive, this
is the right thing to do.
It was moved by Commissioner Jacobson, seconded by Commissioner Becker, to authorize the City
Manager to sign the Memorandum of Agreement for the parking garage at city center and paying all costs
except where we have no invoices or contracts. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss.
Those voting No being none.
Responding to City Manager Kukulski, Commissioner Rupp, Commissioner Becker, and Mayor
Krauss directed staff to take care of the taxes in the manner they best sees fit.
02-27-06
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Certificate of ADDroDriateness to allow demolition of two-stOry enclosed rear Datio. Dartial
demolition. remodel and relocation of existing detached four-car garage. construction of new rear
addition and attached two-car and one-car garages to existing house. and construction of 4-foot and
7-foot high fences with deviations to allow rear addition. two-car and one-car aaraaes and exterior
staircase to encroach into required 20-foot rear yard setback. to allow 225 linear feet of fence
exceedina 6 feet in height on DroDertv line. and to allow the attached one-car aaraae to Drovide less
than 26 feet of backina distance - Michael Delanev and Ileana Indreland for 415 South Willson
Avenue lZ-05301)
This was the time and place set for the continued public hearing on the Certificate of
Appropriateness requested by Michael Delaney and Ileana Indreland under Application No. Z-05301, to
allow demolition of two-story enclosed rear patio, partial demolition, remodel and relocation of the existing
detached four-car garage, construction of new rear addition and attached two-car and one-car garages to
the existing house on Lots 4 through 7, Block 2, Fairview Addition, and construction of 4-foot and 7 -foot high
fences with deviations to allow the rear addition, two-car and one-car garages and exterior staircase to
encroach into the required 20-foot rear yard setback, to allow 225 linear feet of fence exceeding 6 feet in
height to be constructed on the property line, and to allow the attached one-car garage to provide less than
the required 26 feet of backing distance. The subject property is located at 415 South Willson Avenue.
Public hearing
Mayor Krauss reopened the continued public hearing.
Historic Preservation Planner Allyson Bristor presented the staff report. She noted the structure is
in an R-1 zone and is a contributing structure in the BonTon Historic District. She stated that staff has
reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained
in the written staff report. Based on those findings, staff has forwarded a recommendation for approval,
subject to three conditions. In light of concerns raised in a recent telephone call, she suggested the
Commission may wish to add a condition that precludes the proposed possibly damaging a neighbor's tree
roots.
Planner Bristor stated the applicant is improving the non-conformity of the site. Staff is supportive
of adding onto the rear of the house. Staff is not supportive of garage facing the alley because of the lack
of backing room. The alley is 14 feet wide and too narrow for adequate backing. The applicant has an
opportunity to submit modified plans, and to change the space into storage.
lIena Indreland, applicant, stated that they do intend for this to be their personal residence and they
are sensitive to the area and think this is appropriate. She stated agreement with the conditions. She
requested that they be allowed to install a 8-foot wide door so the space adjacent to the alley may be used
as storage. She noted that they also own the adjacent 417 South Willson Avenue property as well. They
have their demolition permit and plan to take that structure down.
Responding to questions from Mayor Krauss, Planner Bristor noted that there are other fences like
this in the historic area. She noted that the site has gradient changes and it's typical for this type of historic
house. The brick is 2-feet high and the iron is 2-feet; it's visually open.
Responding to questions from Commissioner Rupp, Planner Bristor noted that there is probably a
1 ~-foot fence there now.
Responding to questions from Commissioner Jacobson, Planner Bristor noted that staff feels
comfortable with an 8-foot door.
Responding to questions from Mayor Krauss, Planner Bristor noted that the staff objection to the 10-
foot wide door is in case of transfer of ownership. There is an existing garage across the alley on the other
side, and the staff isn't in favor of approving any garage on the alley. Staff is concerned with the public
safety factor.
Rachel Wallace, 401 South Willson, stated that she is the person with the trees. The tree in
question is tallest tree in the area, and she wants to make sure it's saved; and it is two feet from the property
line and she is concerned with the tree but supports the design and the fence.
02-27 -06
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Ms. Indreland stated that they will do whatever is necessary to preserve the tree. With a proper
foundation plan for the fence, the tree can be saved.
There being no Commissioner objections, Mayor Krauss closed the public hearing
Decision
It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the Certificate of
Appropriateness requested by Michael Delaney and Ileana Indreland under Application No. 2-05301, to
allow demolition of two-story enclosed rear patio, partial demolition, remodel and relocation of the existing
detached four-car garage, construction of new rear addition and attached two-car and one-car garages to
the existing house on Lots 4 through 7, Block 2, Fairview Addition, and construction of 4-foot and 7 -foot high
fences with deviations to allow the rear addition, two-car and one-car garages and exterior staircase to
encroach into the required 20-foot rear yard setback, to allow 225 linear feet of fence exceeding 6 feet in
height to be constructed on the property line, and to allow the attached one-car garage to provide less than
the required 26 feet of backing distance, be approved subject to the following conditions:
1. No garage space shall be proposed with automobile access along the alley, due to
inadequate backing distance.
2. Prior to the issuance of a building permit, the applicant shall submit a modified fence
site plan that depicts the proposed 7-foot high fence avoidina connection to the
solarium on the existing house's south elevation. The modified fence site plan shall
rather show the 7 -foot high fence to intersect at the existing house's southwest
corner, at the quoin bonding. The modified fence site plan shall be reviewed and
approved by Administrative Design Review Staff.
3. Prior to the issuance of a building permit, the applicant shall submit a modified west
elevation and ground level floor plan that depicts the proposed one-car garage
space along the alley as (1) having an eight-foot width, (2) having a different door
style than the other garage doors proposed with the new construction, and (3) being
noted as storage rather than a one-car garage. The modified west elevation and
ground level floor plan shall be reviewed and approved by Administrative Design
Review Staff.
4. The applicant shall provide a color and materials palette for final design review and
approval by Administrative Design Review Staff.
5. The applicant shall obtain a building permit and pay all required fees prior to
construction, and within one year of Certificate of Appropriateness approval or this
approval shall become null and void.
6. This proiect shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations aoolication. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications, as required by Section 18.64.110
of the Bozeman Unified Development Ordinance.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker,
Commissioner Rupp, Commissioner Jacobson, and Mayor Krauss. Those voting No being none.
Conditional Use Permit with Certificate of Appropriateness - to allow construction of restaurant with
on-premise consumption of beer and wine alona north side of West Oak Street. iust west of North
19th Avenue - JELLCO Properties. LLC. for StoneRidae Partners. LLC (Rib Crib) (Z-05295)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness requested by JELLCO Properties, LLC, for StoneRidge Partners, LLC, under Application
No. 2-05295, to allow construction of a restaurant with on-premise consumption of beer and wine on Lot
02-27 -06
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7, StoneRidge Square Subdivision. The subject property is located along the north side of West Oak Street,
west of its intersection with North 19th Avenue.
Public hearing
Mayor Krauss opened the public hearing.
Associate Planner Susan Kozub presented the staff report. She noted the property is to the north
of Oak Street and is in a B-1, Neighborhood Commercial, zone. This property also needs a certificate of
appropriateness for the North 19th Avenue overlay. This is part of the Stoneridge Square PUD.
Associate Planner Kozub noted the area is about 5,000 square feet. She said that staff likes the
use of colors and designs. No written public comment was received.
Planner Kozub stated that staff has reviewed this application in light of the applicable criteria, and
staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has
forwarded a recommendation for approval, subject to conditions.
Ron Fiscus, Planscape Partners, representing JELLCO, which owned by Jim Beck, who intends to
operate the Rib Crib, stated that they agree with the findings and understand the conditions for approval.
Since there were no Commissioner objections Mayor Krauss closed the public hearing.
Decision
It was moved by Commissioner Rupp, seconded by Commissioner Jacobson, that the Conditional
Use Permit with Certificate of Appropriateness requested by JELLCO Properties, LLC, for StoneRidge
Partners, LLC, under Application No. 2-05295, to allow construction of a restaurant with on-premise
consumption of beer and wine on Lot 7, StoneRidge Square Subdivision, be approved subject to the
fOllowing conditions:
1. A copy of the Department of Revenue License and the City of Bozeman license shall
be submitted to the Planning Office prior to a Certificate of Occupancy being issued.
2. Each building shall provide some additional landscape amenity within their lot such
as a foundation planting or raised planters.
3. All crossings within the Planned Unit Development shall be constructed with scored
and pigmented concrete. The crossings shall match the StoneRidge Square PUD
Plan.
4. A color palette and materials sample board shall be submitted with the final site
plan.
5. The final site plan shall be adequately dimensioned and a legend of all line-types
utilized shall be provided.
6. A final subdivision plat shall be on file at the Clerk and Recorder of Gallatin County
prior to issuance of final site plan approval.
7. A building permit will not be issued until all the public infrastructure for the underlying
subdivision is installed and accepted, unless all provisions of section 18.7 4.030.D
of the Unified Development Ordinance have been satisfied by the subdivision
developer to allow for concurrent construction. If the provisions for concurrent
construction are met, a building permit may be issued prior to completion of required
infrastructure, but occupancy shall not be granted for any structures or
commencement of any use constructed or proposed within the boundaries of the
PUD until required infrastructure improvements have been completed, and
inspected and accepted by the City, and Certificate of Occupancy has been issued.
02-27 -06
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8. The location of existing water and sewer mains shall be properly depicted, as well
as nearby fire hydrants.
9. Easements for all public and private utilities shall be dimensioned and labeled
appropriately.
10. Dimension and label the right-of-way for West Oak Street.
11. Plans and specifications for any 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.
12. In the event the existing 4-inch fire service stub is not utilized by the Rib Crib
building the fire service line shall be abandoned at the main connection.
13. The 8-inch sanitary sewer main between MH#2 and MH#3 as depicted on the Utility
Plan shall be relocated to provide 10-foot horizontal clearance from the lighting
improvement shown within the parking island immediately northwest of the Rib Crib
building, or the light shall be relocated to be a minimum of 10 feet from the sewer
main.
14. Sewer and water services shall be shown on the final site plan and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
15. The applicant is advised that any newly-constructed establishments responsible for
food preparation shall install an outside two-compartment grease interceptor.
Interceptor design and installation is subject to City of Bozeman Building Department
approval. In accordance with Municipal Code, the applicant is further advised that
on-site maintenance records and interceptor service shall be maintained on a
regular basis and made available to the City upon request.
16. The applicant shall submit a construction route map dictating how materials and
heavy equipment will travel to and from the site in accordance with section
18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as
part of the final site plan for site developments, or with the infrastructure plans for
subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
17. All construction activities shall comply with section 18.7 4.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material
that is dragged to adjacent streets. The City may require a guarantee as allowed for
under this section at any time during the construction to ensure any damages or
cleaning that are required are complete. The developer shall be responsible to
reimburse the City for all costs associated with the work if it becomes necessary for
the City to correct any problems that are identified.
18. Provisions for temporary storm water retention shall be addressed if subdivision
stormwater improvements are not operational at the time of issuance of the building
permit for the Rib Crib parcel. The retention area shall be sized according to the City
of Bozeman Design Standards and Specification Policy.
19. A 35-foot watercourse setback from Catron Creek shall be depicted upon all plan
sheets submitted.
20. All code provisions shall be met, in particular, the following:
02-27 -06
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a. Section 18.34.130 requires the applicant to submit seven (7) copies
a final site plan within six (6) months of preliminary approval
containing all of the conditions, corrections, and modifications to be
reviewed and approved by the Planning Office.
b. Section 18.34.1 OO.C states that the right to a conditional use permit
shall be contingent upon the fulfillment of all general and special
conditions imposed by the Conditional Use Permit procedure. All
special conditions and code provisions shall constitute restrictions
running with the land, shall be binding upon the owner of the land,
his successors, or assigns, shall be consented to, in writing by the
applicant prior to commencement of the use, and shall be recorded
as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions
specifically stated under any conditional use listed in this title shall
apply and be adhered to by the owner of the land, successor, or
assigns.
c. Section 18.34.140 states that a building permit must be obtained
prior to the work, and must be obtained within one year of final site
plan approval. Building permits will not be issued until the final site
plan is approved.
d. Section 18.38.050.F requires all mechanical equipment to be
screened. Rooftop equipment should be incorporated into the roof
form and ground mounted equipment shall be screened with walls,
fencing or plant materials.
e. Section 18.46.040.D states that disabled accessible spaces shall be
located as near as practical to a primary entrance. Parking spaces
and access aisles shall be level with slopes not exceeding 1 :50 in all
directions. Raised signs shall be located at a distance no greater
than five feet from the front of each accessible space and shall state
"Permit Required $100 Fine". One of the disabled accessible spaces
shall also be signed "Van Accessible". The "Van Accessible" space
shall be 8 feet wide with an 8 foot wide striped unloading aisle/ramp.
f. Section 18.46.040.E states that all developments shall provide
adequate bicycle parking facilities to accommodate employees and
customers.
g. Sections 18.42.150 requires a lighting plan for all on-site lighting
including wall-mounted lights on the building must be included in the
final site plan submittal. Lighting cut-sheets shall be provided with
the final site plan.
h. Section 18.42.170 requires the trash receptacles to be appropriately
sized and located for the specific as approved by the City Sanitation
Department. Accommodations for recyclables must also be
considered. All receptacles shall be located inside of an approved
trash enclosure. A copy of the site plan, indicating the location of the
trash enclosures, dimensions ofthe receptacles and enclosures, and
details of the materials used, shall be sent to and approved by the
City Sanitation Division (phone: 586-3258) prior to final site plan
approval.
i. Section 18.48.050 requires any parking lot providing 15 or more
parking spaces to have a minimum of 20 square feet of landscaped
area within the parking lot for each off-street parking space provided.
The provision further states that internal parking lot landscaping
02-27 -06
-16-
shall be proportionately dispersed so as to define aisles and limit
unbroken rows of parking to a maximum of 100 feet.
Chapter 18.52 requires the review and approval of a Si9n Permit
Application prior to the construction and installation of anyon-site
signage.
The final landscape plan shall be signed and certified by a
landscape professional as outlined in Section 18.78.100.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp,
Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting no being none.
j.
k.
Conditional Use Permit with Certificate of Appropriateness - allow on-premise consumption of beer
and wine under cabaret license - Dave Weiss for GSC Familv Limited Partnership. 115 North
Bozeman Avenue (Dave's Sushi) (Z-05293)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness requested by Dave Weiss for the GSC Family Limited Partnership under Application No.
Z-05293, to allow on-premise consumption of beer and wine in the existing building on Lots 12 and 13 and
the east 5Y:2 feet of Lot 14, Block H, Original Townsite. The subject property is located at 115 North
Bozeman and is currently occupied by Dave's Sushi.
Public hearing
Mayor Krauss opened the publiC hearing.
Planner Martin Knight presented the staff report. He noted that the property is at 115 North
Bozeman Avenue and is zoned B-3. The cabaret license would only allow sale of alcohol between the hours
of 11 a.m. and 11 p.m., and the applicant cannot set up a bar. He noted that alcohol sale is a conditional
use in the B3 zone. He added that any additional signage will require a sign permit. One letter of support
was received by an adjoining property owner.
Planner Knight stated that staff has reviewed this application in light of the applicable criteria, and
staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has
forwarded a recommendation for approval, subject to conditions.
Dave Weiss, applicant, 516 N. Bozeman, stated agreement to conditions.
Since there were no Commissioner objections, Mayor Krauss closed the public hearing.
Decision
It was moved by Commissioner Jacobson, seconded by Commissioner Becker, that the Conditional
Use Permit with Certificate of Appropriateness requested by Dave Weiss for the GSC Family Limited
Partnership under Application No. Z-05293, to allow on-premise consumption of beer and wine in the
existing building on Lots 12 and 13 and the east 5Y:2 feet of Lot 14, Block H, Original Townsite, be approved
subject to the following conditions:
1. A parking agreement, pertaining to the alley parking area, shall be submitted for
review and approval by staff, with a receipt of filing from the Clerk and Recorders
Office. The alley parking area shall be accurately depicted on all final site plan
submittal materials.
2. The location of the storage shed, located in the rear of the building, shall be
accurately depicted on all the final site plan submittal materials.
3. All non-conforming exterior lighting shall be replaced. Exterior lighting not being
utilized shall be removed, and alllightin9 to be utilized shall be accurately depicted
02-27 -06
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in a lighting fixture detail on all final site plan submittal materials. All lighting to be
removed shall be removed prior to final approval.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss. Those voting No being none.
Break - 8:18 D.m. - 8:30 D.m.
Mayor Krauss declared a break from 8:18 p.m. to 8:30 p.m. in accordance with Commission policy.
Growth Policv Amendment - establish sub-area Dlan for aDDroximatelv 510 acres Ivina along both
sides of Hiahland Boulevard. north of Kaav Boulevard. south of Ellis Street and west of Bozeman
Trail Road - PC DeveloDment for Bozeman Deaconess Health Services (P-05075)
This was the time and place set for the public hearing on the Growth Policy Amendment requested
by PC Development for Bozeman Deaconess Health Services under Application No. P-05075, to establish
a sub-area plan for approximately 510 acres legally described as Tract 1, less Certificate of Survey No.
M-348, Certificate of Survey No. 2047; Tract 2, Certificate of Survey No. 2047; and Tract 3, Certificate of
Survey No. 2047. The SUbject parcels lie in Sections 17 and 18, Township 2 South, Range 6 East, and
generally lie along the east and west sides of Highland Boulevard, north of Kagy Boulevard, south of Ellis
Street, and west of Bozeman Trail Road.
Public hearing
Mayor Krauss opened the public hearing.
Associate Planner Jody Sanford presented the staff report and noted this is a sub-area plan. This
property has been approved for annexation since 1998 and is primarily vacant except for hospital, an
historic farmstead, and 2 other buildings.
She stated that the bulk of the property is planned residential along with the property to the east and
south. The hospital itself is zoned BP and the bulk of remainder of the property is currently zoned R-S. The
area across from the hospital is B-2. She did note that some zone map amendments will be needed for this
plan. When the property was annexed in 1998 and R-S zoning was applied, it wasn't intended to be the
final zoning, it was to wait for the hospital to firm up their development plans.
Associate Planner Sanford said that about 25 acres is planned for hospital growth and about 6 acres
for the growth of Hillcrest along with about 16.5 acres for other facilities and a mental health facility. There
are two Hillcrest neighborhoods, age restricted, totaling about 41 acres. The larger residential properties
are about 180 acres, and a pretty extensive trail and park area is about 170 acres.
She noted that the applicant has provided three density alternatives, low, medium, and high. Staff
and the Planning Board recommend density two (medium), and the applicant favors this alternative as well.
She added that there is also mixed use village, that will include about 637,000 square feet of
commercial space. There is also suggested to have 65,000 square feet of commercial space in
neighborhood services.
Associate Planner Sanford stated that staff finds this proposal being supportive of the concepts of
the 2020 plan: commercial centers in the development; new neighborhoods; sense of place; natural
amenities; and urban density. When the 2020 plan was prepared, the development of this property was
contemplated.
She stated that the applicant met with a variety of interest groups. Over 700 residents were invited
to meetings and over 200 attended. They sent the pUblic notices to the same 700 people, which is above
what is required. The staff has received 11 letters with concerns being parks and open space.
transportation connectivity, density, and siting of neighborhood commercial areas.
02-27-06
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The Associate Planner noted that staff has reviewed this application in light of the applicable criteria,
and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff
has forwarded a recommendation for approval of the medium-density option, subject to several advisory
comments and conditions.
She noted that the Planning Board voted 7-1 to approve, and included an advisory comment: The
Planning Board suggested that percentages should be used instead of density rings to allow for more
flexibility throughout the zone.
Responding to questions from Mayor Krauss, Associate Planner Sanford responded that a sub-area
plan augments the 2020 plan and provides more specific details. The sub-area process is completely
voluntary; the applicant approached City staff about the desire to master plan this property. Staff
recommended that they follow the growth policy amendment. She noted that this doesn't change the
underlying land use designations, and they could do most of what they wanted with what's there already.
Further responding to questions from Mayor Krauss, Associate Planner Sanford replied that the
major commercial areas to the north already have the zoning in place to do what is proposed here. The
neighborhood services would change in the southern area; they would need a neighborhood commercial
designation to do that and they will need a zoning change to put that in.
Responding to questions from Mayor Krauss, Associate Planner Sanford responded that the
transportation plan presumed that Kagy Boulevard, Highland Boulevard, Haggerty Lane, and Bozeman Trail
would be improved.
She also responded that the glen area park is well in excess of what is required for parkland
dedication, even though there is some question about what will be acceptable due to topographical
constraints. She noted that the applicant is working on a parks master plan.
Responding to further questions from Mayor Krauss, Associate Planner Sanders responded that
staff supported suggestion 2 because staff felt it complied with the 2020 plan and the UDO requirements,
both of which establish density. The UDO requires 6 units per acre. Staff would have probably been
comfortable with the higher density because more density brings more benefits to the developer such as
a lower cost of infrastructure and would bring more affordable housing. The staff wanted compatibility with
existing neighborhoods and density.
Responding to questions from Commissioner Rupp, Planning Director Epple responded that
because it's a principal arterial, Kagy will ultimately be five-Ianed, all the way to 19th. The transportation plan
calls for that. The transportation plan, 2001 update, did recommend an interim, more rural standard for the
principal and minor arterials, and a lower standard interim road will probably be constructed as necessitated
by traffic studies.
Responding to questions from Commissioner Rupp, Director Epple responded that what was
approved for Durston Road, that it will ultimately will be a three-lane facility with a center turn lane, bike
lanes on both sides, curbs, and gutters. Highland, Bozeman Trail, and Haggerty will all eventually be
constructed to this standard.
Responding to concerns from Commissioner Jacobson, Associate Planner Sanford replied that the
next step is that the growth policy amendment is a zone map amendment. Then there will be subdivisions,
and then there will be traffic studies, because they will know how many lots they are looking at. The
transportation improvements will support what they are doing or they will need to build the facilities up at
that point. Associate Planner Sanford also clarified that the traffic studies will cover Sourdough, South
Church and probably go all the way to Willson as well as look at areas to the east.
Responding to questions for Commissioner Jacobson, Associate Planner Sanford responded that
passive parks merely means unorganized activities, such as running, cross county skiing, hiking, walking,
and biking trails. They are proposing to leave the area undisturbed. They are proposing two primary areas
for more formal parkland, and have it developed possibly for sports.
Commissioner Jacobson raised concerns about having adequate playgrounds for children, and Ms.
Sanford replied that issues like that will be addressed in the detailed parks master plan.
02-27 -06
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Commissioner Jacobson questioned the ability of the City to maintain all this parkland, especially
the historic farmstead with only six parks employees, since they are proposing that the park be turned over
to the City. She stated that this will need to be discussed.
Jason Leep, PC Development, stated the sub-area plan was proposed to the Planning Board and
there was confusion as to what the sub-area plan accomplishes. It doesn't matter what the sub-area plan
says, concerns must be mitigated before the process can move forward to a later stage. The neighborhood
commercial is designated but not zoned at the moment. The hospital expansion is in conflict with the 2020
plan, which designates it as residential. The 2020 plan states that in a residential housing area you are to
have a "wide array of housing types with density between 6 and 18 units per acre" the sub-area plan just
further designates what could happen and suggest locations. The 8.5 units per acre is a mixture of all the
different densities. The 2020 plan designates road collectors and park systems. There is additional
parkland with each neighborhood area, about 18 acres for playgrounds, etc.
Mr. Leep noted that the applicants have retained Dab Dabney to set a custom affordable housing
plan to be brought forward in the future for consideration and approval.
Dab Dabney, representing the applicant, 2555 W. College, stated that his assignment is to help them
put together a significant affordable housing plan for this. It's important for working people in Bozeman to
have a stake in the community as homeowners. This project is a business venture, and the point of
developing the land is to generate the necessary capital to expand and provide high quality health care.
They must create functional neighborhoods where people want and can afford to live. They understand this
will take years and requires long range planning and thinking. Doing affordable housing right is about
building homes that anyone would want to live in regardless of their income level. They want to provide for
rent and to own and attached and detached housing and spread it out. They want to build affordable
housing free of the negative image of affordable housing. More units per acre is the only way to reduce
housing costs and fight sprawl. It does not have to come at the cost of attractiveness. They want
something that works and is emulated by others.
Cheryl Ridgely, VP of Business Development, 915 Highland Boulevard, noted that the hospital has
989 employees and is one of the top 10 largest taxpayers in valley. He stated that the facility currently
services about a 98,000 person population, and within ten years, they anticipate a service area of over
120,000 persons, and is a designated an essential community service. She stated that their main challenge
is to keep pace with growth. She also noted that, in 2004, the facility provided over $5 million in
uncompensated care. She concluded by stating that the primary purpose of this organization is to provide
health care, not develop land.
James Frisk, 1350 Cherry Drive, stated concerns about traffic. He noted that the E. Main and
Highland intersection is inadequate. He was concerned that the sidewalks never went in at the New Hyalite
Subdivision. He stated that he is in favor of this development, but wants to see it done properly. He's also
concerned that this area is seen as the answer to Bozeman's affordable housing problem.
Sandra Chandler also stated concerns about traffic. She also stated concerns with the density. She
would like to see a major arterial through this development.
Steve Shope, 9062 Haggerty Lane, submitted a petition covering the majority of the houses in the
Painted Hills area. He requested that the Commission postpone approval to any amendment to the 2020
plan pending the completion of a traffic study. He proposed a City-County review of this development. He
also stated concern about how the financial development would impact the downtown area.
Chuck Paden, Ice Pond Road, stated concern about the impacts on their neighborhood. He also
stated concern over traffic impacts. He expressed concern with the way the policy on approving Growth
Policy Amendments is written. He concluded by stating that the Commission should postpone the decision.
Ward Olson, 1336 Cherry Drive, expressed concern over the water and air quality issues. He asked
if a major environmental impact review has been done. He also asked what steps have been taken to
guarantee that we will have adequate water in the future. He noted that something of this size will require
a 20-40 year plan to deal with these issues. He expressed concern with the density, and the possibility of
creating slums.
02-27 -06
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Joan Holborne, 805 Bozeman Trail Road, submitted a petition with about 200 signatures. She
suggested that the traffic problem be dealt with first. She expressed that area residents are concerned with
how this will affect thier quality of life and property values. She suggested that the Commission delay
approval until after traffic study has been done. She expressed concern with the 2020 plan and noted that
affordable housing is not realistic in Bozeman, and thinks that for Deaconess to provide affordable housing
is not realistic.
Mark Lawrence, 1128 Holly Drive, noticed that one fo the major goals take into consideration the
greater community. The Commissioner needs to take a close look at traffic before approving this project.
Scott Creel, 1430 Cherry Drive, expressed that he listened to the parking garage discussion about
getting in a bind and being stuck and suggested that the Commission has an opportunity not to get into a
bind. He stated that there is a lot to like about this developement but that doesn't mean you should take
it right off the bat.
Mary Jacobs, 2103 Star Ridge Road, said that she would like to see a design come about that
preserves the views. Each house should keep passive solar access and have intentional concern for
pedestrian crossings. She stated that she thinks this area is appropriate for higher density. She expressed
that she would like to see light pollution addressed as much as possible. She expressed concerns about
affordable housing, and concerns with crowding in schools and wants to see people work with the County
to not have a negative impact on schools.
Extension of meetina
Mayor Krauss extended the meeting past 10:00 p.m., pursuant to Rule 111.A.2 of the Rules of
Procedure.
Growth Policy Amendment - establish sub-area plan for approximatelv 510 acres Ivina alona both
sides of Hiahland Boulevard. north of Kaov Boulevard. south of Ellis Street and west of Bozeman
Trail Road - PC Development for Bozeman Deaconess Health Services (P-05075) (continued)
Jim Schmidt, 1410 Ash Drive, expressed concern for the density. He expressed concern for the
downtown business area. He also expressed concern with traffic, wildlife, and hydrology. He also
expressed concern with "the glen." He stated that he has heard no discussion of the viewshed or
consideration of property values. He stated that he is concerned with parkland maintenance.
Ted Lang, 2807 W. Birch Drive, GVL T, said that they are in support of the parks and trails proposal,
but wouldn't support the high density option because it eliminates active parkland. He thinks that at this
density it would need some underpasses and overpasses. He expressed a desire to see paved trails
around the perimeter to make it safe for kids. Bridger Ski Foundation offers Bozeman the opportunity to
have a wonderful network of groomed ski trails in the winter.
Warren Vaughn, 223 East Story Street, supports this development and the medium density option.
He noted that this is a good infill development. He added that if we want Bozeman to be pedestrian
oriented, then we need intensity and flexibility, density and a mix of uses. Take your time and think about
it, but he supports it.
Dan Biggerstaff, 1409 Ash, thinks that there is considerably more wetland there than is shown there.
Noah Poritz, 1418 Maple Drive, suggested no connectivity to New Hyalite Subdivision and reduce
the size of the commercial development. He is concerned with lights, noise, debris, and traffic. The
intersection to the road needs to be revised to mitigate visual pollution.
Carol Daily, 1328 Holly Drive, commented about walk-ability and higher density. She does a lot of
walking, but it's not reasonable to think that people are going to be walking because they are in higher
densities.
02-27 -06
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Don Kreitz, 2001 Fairway Drive, stated that the after effects as shown by the developer are reason
enough to deny. He doesn't think this should be imposed on the existing citizens. He stated that any
development will be devastating to the neighborhood.
Elizabeth Crow, 1441 Ash Drive, thinks density is a major problem, along with light pollution,
viewsheds, traffic, but the biggest problem is the location of the arterials. She thinks the arterial should be
relocated.
Frank Munshower, 1407 South Bozeman, suggested that we need more information before
approval, not after. He is concerned that the costs will be paid by the citizens of Bozeman. He thinks
approval should be postponed until the extent of the costs can be defined.
Jason Leep, representing the applicant, responded that they are not proposing development tonight,
they are proposing an amendment, and this does not entitle them to build this. This is about dispersing
zoning designations. The time has come for the health services organization to realize their asset. They
can sell this off in big chunks to developers and they can develop it this way. We've heard comments about
traffic being broken, and one way that it will be solved is that we will fix those as development goes on. He
stated that they studied the density in the New Hyalite View area. The Highland area to the east of Hew
Hyalite View Subdivision, is 6.4 units per acre, vs 5.2 units per acre within the existing subdivision. The City
mandated a minimum of 6 units per acre. They are as low as they can get with the 2020 plan. He doesn't
think that low income people don't care about their property. They are going to change the perception of
affordable housing: where nurses and firemen live. If there are 1,000 employees across the street from
where they work, why wouldn't you want to live there? Let's do density that allows them to live and work
in the same neighborhood. Before construction begins, a stormwater master plan must be done.
Responding to questions from Commissioner Rupp, Mr. Leep noted that the average net density
must be 6 units per acre.
Responding to a question from Commissioner Becker, Mr. Leep noted that the state law does not
have a procedure in place that allows the Commission to condition a traffic study before. He brought to
attention that a sub-area plan can sit forever, where Commission approval on other things has a 3-year limit.
He added that they are making a density recommendation that is in line with the 2020 plan, and as long as
they stay in the densities, the facilities plans has covered the infrastructure upgrades.
Responding to a question from Commissioner Becker, Mr. Leep noted that to cross the glen with
a road would be detrimental to the parks and lands there.
Responding to a question from Commissioner Becker, Mr. Leep responded that this development
has a unique possibility to do a private SID, and the costs would be put back on the roads in the
development. We can avoid building half sections of roads here because of the unique funding that the
Deaconess has.
Responding to a question from Commissioner Jacobson,. Director Epple responded that the
developers can't build out until the infrastructure is in place for medium density.
Commissioner Rupp wanted to discuss traffic. The City should grow out here, and it's a question
to how it should grow. He looks at the application and thinks Burke Park is valuable. He's not comfortable
with structures being built on the ridgeline. He's concerned about the commercial, and is deeply troubled
by traffic and thinks we will need 4-5 lanes on Kagyand Highland.
Commissioner Jacobson noted that she's afraid that if you extend Maple Street, people will come
from the new development into the New Hyalite View Subdivision. She thinks that connection this New
Hyalite would have a detrimental effect on property values. Commissioner Rupp concurred with the
comments about the road extension
Commissioner Jacobson stated that maybe that's not the best place to put a small neighborhood
commercial area, and maybe it should be moved someplace else in the development.
Engineer Bob Murray recommended to wait and make some of those decisions when those phases
come in to be reviewed. They anticipate that the Highland and Hillcrest access to be signalized and it will
be an important connection to the neighborhoods in the area.
02-27 -06
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Commissioner Becker agreed with Commissioner Jacobson about the Maple connection. He
suggested that the traffic plan and the density might not work. Their intention is to see better connectivity,
they don't want to cripple this part of town with traffic.
Mayor Krauss noted that this is the second sub-area plan and he doesn't believe that we have them
to where they are useful planning tools. As a result, he's not sure he would encourage their use in the
future. He understands about traffic considerations, but the development might not be in place for many
years to come, and a traffic study would be out of date by the time it came to be useful. He agreed that
Highland and Main is a big problem and it probably should be addressed now. He commented that the
applicant and the staff evaluate developments according to what is in the 2020 plan, they can't evaluate
them on external criteria; they need some predictability which is provided by the UDO and 2020 plan. The
sub-area process really makes him want to reduce the minimum density requirements. He is persuaded
that this is one of the ways that we assure a chance at affordable housing. The hospital is a huge
community asset critical to health and welfare and vitality. This development is not for wildlife, not for
viewshed, it is for supporting the hospital operations. He's torn because he doesn't want to defend the
density. This is what the 2020 plan requires, and if fits into the planning documents we have now. He
would entertain in the UDO revisions that we look at a lower density. We are faced with the criteria we have
and will support this motion. He thinks staff and applicant have the best interests of the city and
neighborhood in mind.
Since there were no Commissioner objections, Mayor Krauss closed the public hearing.
Decision
It was moved by Commissioner Rupp, seconded by Commissioner Jacobson, that the Growth Policy
Amendment requested by PC Development for Bozeman Deaconess Health Services under Application No.
P-05075, to establlish a sub-area plan for approximately 510 acres legally described as Tract 1, less
Certificate of Survey No. M-348, Certificate of Survey No. 2047; Tract 2, Certificate of Survey No. 2047; and
Tract 3, Certificate of Survey No. 2047 be approved with the following conditions:
Engineering
1. Section 2.3.1.2 indicates that the houses on Maple Drive (Dr. not St.) are utilizing
wells for domestic service. This is not the case; all houses are currently connected
to the municipal water system.
2. Section 2.3.5 indicates that the exiting power line or a portion of it, that crosses the
property will be relocated, but it will remain above ground. Section 18.42.050 of the
UDO states that utilities shall be placed underground wherever technically and
economically feasible. The option ofthe underground installation should be pursued
here.
Planning
3. Alternative #2 - Medium Density's target density of 8.5 units per acre complies with
the UDO's density of requirement of at least 6 units per acre. Chapter 4 shall be
revised to state that the UDO requirements for at least 6 units per acre and for the
provision of restricted size lots (RSLs) will need to be met by each subdivision with
a residential component.
4. Section 1 .2 shall note that should a conflict arise between the Subarea Plan and the
Bozeman 2020 Community Plan that the 2020 Plan controls.
5. Figure 2-5 shall be revised to show the correct extent of the existing B-2 zoning.
This figure shall also be revised to show adjacent Gallatin County zoning
designations. Section 2.1.2 shall be revised to include a discussion of adjacent
Gallatin County zoning districts.
6. In Section 4.1.1, the Estimated Commercial Space figure for All Highland Village
uses does not seem to add up correctly. Revise this section if needed.
02-27 -06
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7. Section 2.3.4 shall be revised to address community transit. Specifically, if and
when the community has a transit system, how would transit stops/facilities be
accommodated. The Preferred Alternative map shall also be amended as needed
to reflect transit considerations.
8. The applicant shall work with Planning Staff to make other minor grammatical,
spelling, typographical, or terminology revisions as needed. Example: Use of
Single-Household instead of Single-Family.
Director of Public Service
9. BDHS should dedicate up to five buildable acres, but no fewer than three acres, to
the City for a public works facility/sub-facility or a possible a joint fire and public
works facility. The Preferred Alternative map shall be amended as needed.
Fire Department
10. The applicant should provide a fire station site of at least two acres. This fire station
site could be co-located with the public works facility site described in Item 9 above.
The fire station site should be shown on the Preferred Alternative map in a location
more conducive to servicing the subject property, as well as the community as a
whole, than the site shown in the northwest corner of the intersection of Bozeman
Trail Rd and Kagy Blvd on the subarea plan.
Commission
11. The applicant shall address more protection of setbacks and ridgelines in Burke
Park.
12. The words "to the extent feasible" shall be struck from Section 2.2.1, Sentence 3,
Flood Plain, on Page 2-6 ofthe Bozeman Deaconess Health Services Subarea Plan,
dated December 6, 2005
13. The word "may" shall be changed to "shall" in Section 2.2.7, Paragraph 1, Sentence
5, Wildlife Habitant and Fisheries, Page 2-11 of the Bozeman Deaconess Health
Services Subarea Plan, dated December 6,2005.
14. The applicant must submit a plan to address traffic concerns.
15. No connection shall be allowed to the New Hyalite View Subdivision or to Kenyon
Drive.
16. There shall be a buffer between New Hyalite View Subdivision and the proposed
development.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp,
Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting no being none.
Break -11:17 p.m. to 11:30 p.m.
Mayor Krauss declared a break from 11 :17 p.m. to 11 :30 p.m. in accordance with Commission
policy.
02-27-06
- 24-
This was the time and place set for the public hearing on the Growth Policy Amendment requested
by Freund-Spencer, LLC, for the Norton Ranch, Inc., under Application No. P-05069, to change the land use
designation from "Future Urban" on approximately 241 acres described as the Southeast one-quarter of the
Northest one-quarter, the Southwest one-quarter of the northeast one-quarter, the East one-half of the
Southwest one-quarter, and the West one-half of the Southeast one-quarter of Section 9, township 2 south,
Range 5 East, as follows: to "Neighborhood Commercial" on 3 acres, to "Business Park" on 20 acres, and
to "Residential" on 217 acres. The subject property lies along the north side of Huffine Lane west of its
intersection with Cottonwood Road and is more commonly located at 8553 Huffine Lane.
Public hearing
Mayor Krauss opened the public hearing.
Associate Planner Jody Sanford presented the staff report. She noted it's currently in the County,
zoned AS, and contains an existing farmstead. If approved, the applicant will likely seek annexation. Staff
is happy with proposal, but not supportive of the three acres as neighborhood commercial because of
concerns that it's too close to the Billion Plaza, also not supportive to designating 20-acre business park.
It's contrary to the 2020 plan and the city has 325 acres of vacant business park land. One public comment
was received and it expressed concerns about buffering the easement to the west, as well as concerns
about wildlife, groundwater, and traffic. Three members of the public spoke at the Planning Board hearing,
and staff recommends denial due to the commercial uses proposed, but staff could be supportive if the
entire property was residential.
The Associate Planner noted that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are the basis for the recommendation for denial. Following its public
hearing, the Planning Board recommended 8-0 denial. If the Commission votes to approve, the application
should be subject to the standard conditions.
Tom Henesh, consulting engineer, stated on behalf of the applicant that the applicant is excited
about bringing a key piece of property into the city. He suggested its importance for growth to the west.
The applicant is prepared to put in a large sewer main that needs to be laid. They are prepared to withdraw
the neighborhood commercial, 3 acres, and as far as the 20-acre business park, that's the main topic of
discussion. He noted that the 2020 plan is a general guide. The commercial center around Huffine and
Cottonwood is a perfect area place for the business park. They believe they are in harmony with the
adjacent land uses with the BP. The property to the east is business park, and they feel they can work with
the properties in the area. He noted that commercial development originally was all on Huffine, but it was
later backed off. They feel that what they have before the Commission is a good plan. If it's residential, and
they build residential, it would be hard to change and put in commercial later. In the 2020 plan, it calls for
a commercial node to be about 240 acres, this would add to the existing 80 acres to the east, making it
about 100 acres.
Planner Bob Lee, Morrison-Maierle, stated that they agree with the staff that the reason it was future
urban was difficulty in providing sewer. He questioned the fact in the staff report that says that there is 325
acres of vacant business park property. One of the components in an entryway corridor is the 40 percent
open space requirement and because of this BP may be a better solution than going straight residential.
They would like to contend the business park proposed is appropriate and provides a better transition. We
can all assume that Huffine Lane is a heavy traffic road, and he doesn't think it's necessary to put residential
up against an arterial. We don't have to put all this property into residential and we can have some BP
adjacent.
AI Lien, 8507 Huffine Lane, stated that his is one of the three conservation easements near this
property. He stated that he wanted to farm right next to town and he thinks farms can be successful in city
limits.
Tad Lang, GVL T, noted that organization holds the easements on those properties, voluntarily
donated by landowners because this triangle is some of the best agricultural soil in the county, maybe the
state. They were hoping that some of that agricultural land would remain vital in the future. He encouraged
the Commission to keep some buffer, but noted that some key trail corridors could be extended as well
Brian Caldwell, 733 S. Tracy, member of the Planning Board, identified that the responsibility lies
with the applicant to prove a need for the land use they are requesting. He questioned that the only way
02-27 -06
- 25-
this is feasable is to grow beyond our boundaries set forth in the 2020 plan. He thinks there needs to be
a need for any land use, and the future urban designation is grossly abused; it means the lands are not
economically feasable and there isn't a stated landuse with that land. The Planning Board was concerned
that this is not economically feasable and stems from growth outside of the community.
Joe Billion, 32 Kean Drive, president of JC Billion, supports the project. The 1989 Commission
talked about commercial nodes being in that area. There is a need for commercial property; he will be
losing his lease in 19th and Main, he is required to build a separate building, and he plans to utilize the
property to the north and build two new dealerships and possibly a gas station and there is a need for
commercial areas. He stated that he could use 40 acres right now. He's amazed that the applicant is
willing to spend $6 million to extend a sewer main and take paybacks. The applicant entertained a land
swap, the neighors support the applicant's openness. There are needs for commercial development. This
may give them the flexibility to allow the City to have say where to put the two dealerships.
Since there were no Commissioner objections, Mayor Krauss closed the public hearing.
Decision
Responding to Commissioner Rupp, Director Epple stated that there are currently constraints with
land to the north of the auto plaza and that would take an amendment for any car dealership. He clarified
on the record, that business park zoning no longer supports auto dealerships. Under the current 2020 plan
and UDO, and has been the case for a while.
Mayor Krauss asked at what point our regulations promote sprawl and thinks we are up against that
now. He stated that the Commission hears all the time about traffic problems, and this is the place, there
are no modifications needed as far as traffic goes. He suggested that this property is just beyond what we
were thinking about when the 2020 plan was adopted. People are thinking bigger and he would prefer to
bring it in and work with the applicant, rather than send them out.
Responding to questions from Commissioner Rupp, Associate Planner Sanford responded that there
were concerns in Planning Board. A couple of members said let's let Joe Billion do his dealership and they
should come back with a proposal that allows a dealership; the rest thought it was a mix of not the right time
and concern about the commercial presence in the location proposed.
Director Epple noted it was a unanimous vote to recommend denial in the Planning Board, but for
3 different reasons.
Commissioner Rupp noted that he's in favor of working with the existing business, allowing him to
expand. He knows that we have plans, but he's not going to stand and say that he thinks we have capacity
for what we've done. He's not sure he believes it.
Responding to questions from Commissioner Becker, Director Epple noted that capacity deals with
what we can build out, not what's in place.already.
The City Manager noted it's the rate of projects and the time frames it takes us to build the additional
sewer plant. We have to do everything feasable to get that off the ground.
Mayor Krauss noted that once we start, if we don't hit the growth marks, we will pay more. He didn't
hear a lot of people saying they are willing to pay for things, and he's think'ing about what does Painted Hills
Subdivision contribute to the quality of life in town. Even though this is out at the end, it's still in the city.
Director Epple noted that the Planning Board also was suggesting that JC Billion should be able to
expand and were receptive to changing land use to the north. They thought that JC Billion's opportunity to
grow was to the north.
Planning Director Epple noted that this application is about the Norton Ranch, not Mr. Billion. The
discussion since 1987, at least, is should we have business along Huffine?
Mayor Krauss noted that we have choices so we don't have to build residential along these less than
desirable areas.
02-27 -06
- 26-
Responding to Commissioner Jacobson, Associate Planner Sanford noted that one of the major
ideas in the 2020 plan is not lining every entryway with commercial. In terms of the number of vacant acres
zoned BP we have now, based on that the Planning Board feels there is quite a bit in the City now.
It was moved by Commissioner Jacobson, seconded by Commissioner Becker, that the Growth
Policy Amendment requested by Freund-Spencer, LLC, for the Norton Ranch, Inc., under Application No.
P-05069, to change the land use designation from "Future Urban" on approximately 241 acres described
as the Southeast one-quarter of the Northest one-quarter, the Southwest one-quarter of the northeast one-
quarter, the East one-half of the Southwest one-quarter, and the West one-half ofthe Southeast one-quarter
of Section 9, Township 2 South, Range 5 East, as follows: to "Business Park" on 20 acres, and to
"Residential" on the remaining acres be approved with the following conditions:
1. The applicant shall submit, with a signed annexation agreement, an 8Y:2- by 11-inch
or 8Y:2- by 14-inch exhibit entitled "Norton East Ranch Growth Policy Amendment"
to the Planning Department containing an accurate description of the property for
which the growth policy designation is being amended. The exhibit must be
acceptable to the Planning Department.
2. The resolution for the growth policy amendment shall not be drafted until the
applicant provides an exhibit of the area to be re-designated, which will be utilized
in the preparation of the resolution to officially amend the Future Land Use Map of
the Bozeman 2020 Community Plan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker,
Commissioner Rupp, and Mayor Krauss. Those voting No being Commissioner Jacobson.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Updated listing of planning projects to be considered at upcoming Commission meetings,
dated February 22,2006.
(2)
7,2006.
(3) Agenda for the School District No.7 Board of Directors meeting to be held at 7:00 p.m. on
Monday, February 27, at the Willson School.
Meeting summary from the Bozeman Area Bicycle Advisory Board meeting held on February
(4) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, February
28, and 1 :30 p.m. on Wednesday, March 1, at the Courthouse.
(5) Agenda for the County Planning Board meeting to be held at 6:00 p.m. on Tuesday, February
28, at the Courthouse.
(6) Agenda for the orientation session of the Impact Fee Advisory Committee, to be held at 7:00
p.m. on Tuesday, February 28, in the Commission Room.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, March 1, at the Professional Building.
(8) Agenda for the Local Water Quality District Board meeting to be held at 8:15 a.m. on
Thursday, March 2, at the Courthouse.
(9) Commissioner Rupp noted that the Commission meetings really need to end at 10:00 p.m.
It was suggested by Mayor Krauss that the Commission might have to go to four meetings a month, and
add a 3:00 p.m. to 5:00 p.m. meeting once or twice a month to do work sessions.
02-27 -06
- 27-
Adiournment - 12:24 a.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Jacobson, seconded by Commissioner Becker, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Jacobson, Commissioner
Becker, Commissioner Rupp, and Mayor Krauss; those voting No, none.
ATTEST:
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R L. SULLIVAN
City Clerk
PREPARED BY:
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Deputy City Clerk
02-27-06