HomeMy WebLinkAbout2001-08-06 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 6, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, August 6, 2001, at 6:00 p.m. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, City Manager Johnson, Director
of Public Service Arkell, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner
Kirchhoff was absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson asked that authorization to sign the License for Use of Real Property
with U2 for the two islands at the intersection of West Main Street and South 23rd Avenue be
removed from this agenda.
Authorize absence of Commissioner Kirchhoff from this meetincj
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission
approve the absence of Commissioner Kirchhoff from this meeting. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost,
Commissioner Smiley and Mayor Youngman; those voting No, none.
Minutes - January 18 and February 7, 2000, and January 30, April 20, May 29, June 11, June 25,
July 16, July 23 and July 30, 2001
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the minutes
of the meeting of May 29 be approved as submitted and the minutes of the meeting of July 23,
2001, be approved as amended. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown and Mayor Youngman;
those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of January 18 and February
7, 2000, and January 30, April 20, June 11, June 25, July 16 and July 30, 2001 to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3461 - annexing 201.22 acres located in the SE% and
SW% of Section 30, TlS, R6E, MPM (City landfill)
COMMISSION RESOLUTION NO. 3461
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT.
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Commission Resolution No. 3462 - intent to create SILD No. 670 - lightin.q district in
Allison Subdivision, Phase II; set public hearing for August 27, 2001
COMMISSION RESOLUTION NO. 3462
RESOLUTION RELATING TO LIGHTING DISTRICT NO. 670 (ALLISON SUBDIVISION,
PHASE II); DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO
CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY
OF SPECIAL ASSESSMENT.
Commission Resolution No. 3463 o intent to create SILD No. 671 - lighting district in
Ferguson Meadows Subdivision; set public hearing for August 27, 2001
COMMISSION RESOLUTION NO. 3463
RESOLUTION RELATING TO LIGHTING DISTRICT NO. 671 (FERGUSON MEADOWS
SUBDIVISION); DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO
CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY
OF SPECIAL ASSESSMENT.
Commission Resolution No. 3464 - intent to adopt a new growth policy known as the
Bozeman 2020 Community Plan
COMMISSION RESOLUTION NO. 3464
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
STATING THE CITY'S INTENT TO ADOPT A NEW GROWTH POLICY KNOWN AS THE
BOZEMAN 2020 COMMUNITY PLAN TO SUPERCEDE THE 1990 BOZEMAN AREA
MASTER PLAN UPDATE.
Approval of final plat for Valley West.Subdivision - subdivide 241.7 ± acres in COS
1005B and COS 1005C into 10 lots and Bronken Park (west of Ferguson
Avenue between US HiQhwav 191 and Durston Road) (P-9856)
APproval of final plat for Sprinc~ Creek Village Resort Minor Subdivision - subdivide
116.31 acres described as Tract B, COS No. 1872, and Tract 2, COS No.
1846, into two residential-office lots and two business park lots (northwest
corner of Ferguson Road and US Hi.qhway 191) (P-9934)
Award
bid for 2000 Sidewalk Program and sidewalk repairs - Concrete Specialties of
Montana, Bel.clrade, Montana - Schedule I in bid amount of $126,900 and
Schedule II in bid amount of $68,361.50
Award
bid - bond sale for SID No. 669 (downtown streetscape improvements) - US
Bancorp/Piper Jaffrav, Inc., Seattle, Washin.qton, at the "true interest cost" of
4.918189 percent
Award
bid SID No. 669 (downtown streetscape improvements) and fire line
installation - Concrete Specialties of Montana, Belgrade, Montana - in the total
bid amount of $1,181,620.00 for Schedules A, B, C and D
Authorize Mayor to sign - Findincjs of Fact and Order for Jackson Minor Subdivision -
divide 0.34 acres described as Lot 1, Block 4, Babcock and Davis Addition, into
two lots (northeast corner of intersection of East Davis Street and North Ida
Avenue) (P-0118)
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Authorize City Mana_~er to siQn - RiQht-of-Way Agreement and Warranty Deed for
Parcel No. 2, Durston Road Project - William B. Ryan, Jr., and Pe;;y Lynn Ryan
Ratify
City Manager's signature on amendment to contract with .Teton
Communications, Inc., to extend term throu=h December 31, 2001, for 9-1-1
Center
Authorize City Manager to siQn - Sewer and Water Pipeline and Access Easement and
A=reement - Cape-France Enterprises - 30-foot-wide easement across Tracts
A-1 and A-2, COS No. 1827 (at East Valley Center Drive)
Claims
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons
to complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost and Mayor
Youngman; those voting No, none.
Ordinance No. 1545 - establishing initial zoning designation of "PLI" on 201.22 acres located in the
SE~4 and SW~4 of Section 30, TlS, R6E, MPM (City landfill)
Included in the Commissioners' packets was a copy of Ordinance No. 1545, as approved by
the City Attorney, entitled:
ORDINANCE NO. 1545
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
ZONING DESIGNATION OF "PLI" (PUBLIC LANDS AND INSTITUTIONS) ON 201.22
ACRES LOCATED IN THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP I SOUTH, RANGE 6 EAST, PRINCIPAL MONTANA
MERIDIAN.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No.
1545, establishing an initial zoning designation of "PLI" on the 201.22 acres of existing City landfill
on Story Mill Road, be provisionally adopted and that it be brought back in two weeks for final
adoption. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting
No, none.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1) Petition from the Northeast Neighborhood Association, dated July 12, requesting the
painting of pedestrian crosswalks, installation of stop signs and installation of "no through trucks"
signs along North Wallace Avenue, containing signatures of 43 residents in the area.
Responding to Commissioner Frost, the Director of Public Service stated that it is clear the
intersection of East Lamme Street and North Wallace Avenue does not warrant a four-way stop, but
the intersection of East Peach Street and North Wallace Avenue is near the threshold for a four-way
stop. She indicated that Engineering Assistant Andy Kerr has completed some traffic studies in that
area, and she has forwarded the information to the City Manager for review.
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(2) Copy of a letter from Mary Palffy, The Maxey Limited Partnership, to Mr. Norman Lee,
dated July 27, 2001, regarding acquisition of right-of-way for the Durston Road between North 7th
Avenue and North 19th Avenue.
(3) Copy of an article entitled Recycling record set by Headwaters Cooperative in
southwest Montana, as submitted by Street/Sanitation Superintendent Roger Sicz.
(4) Newsletter from Headwaters Recycling, announcing that the next meeting will be held
on Wednesday, August 8, in Bozeman.
(5) Memo from Director of Public Safety Tymrak, dated August 3, announcing that Chuck
Winn has been appointed Assistant Director of Public Safety assigned to Fire Operations/Emergency
Medical Response.
(6) List of planning projects to be considered at upcoming Commission meetings.
(7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday,
August 7, at the Courthouse.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, August 7, at the Professional Building.
(9) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City
Planning Board meeting to be held at 7:30 p.m. on Tuesday, August 7, in the Commission Room.
(10) City Manager Johnson submitted the following. (1) Met with the MSU President, who
is interested in facilitating better interaction and communication between the University and the City.
(2) Stated that negotiations with the Teamsters seem to be nearing an end.
(11 ) Responding to Commissioner Smiley, the City Manager stated he has received feedback
from two of the five Commissioners on the business plans developed by staff members and is
awaiting additional Commissioner input before making a decision on the award.
(12) The City Manager distributed copies of his evaluation form and asked when an
evaluation session can be scheduled. After considerable discussion, the Commissioners concurred
that the evaluation session be scheduled for 3:00 p.m. on Monday, August 20.
(13) City Attorney Luwe stated that the Attorney General seems to be following through
on his campaign promise to send out preliminary opinions for City Attorney comment. This will give
his office the opportunity to have some impact on the opinions that affect local government.
(14) Director of Public Service Debbie Arkell stated the Engineering Department is working
on aerial photos and "what if" scenarios for traffic calming on North 20th Avenue. She noted that
traffic speed studies have also been undertaken on the portion lying south of West Beall Street, and
Engineering Assistant Andy Kerr is to meet with the neighborhood to see what type of traffic calming
they want to see.
Mayor Youngman asked that she be notified when the meeting is set.
(15) Mayor Youngman noted that the new snowplow made a stunning float for the Sweet
Pea, and thanked the City crews for their assistance.
(16) Commissioner Brown submitted the following. (1) Stated the Senior Citizens' Advisory
Board is Working on revisions to its bylaws. He suggested that, after the bylaws are approved, it may
be appropriate to revise the ordinance. (2) Noted that the City server was down all weekend, so he
was unable to access the system. He also voiced concern that his version of Word is too old to
accept WordPerfect attachments. (3) Stated there is a meeting at 3:00 p.m. on Thursday to discuss
solid waste.
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(17) Commissioner Frost stated he copied the article in a recent National Geographic on
sprawl, and it appears from that article that the City is on the right track.
(18) Mayor Youngman submitted the following. (1) Stated she will start work on the
newsletter this week. (2) Asked that a copy of the City Manager's evaluation form be e-mailed to
her for ease of compiling Commissioner comments.
(19) Mayor Youngman noted that the tavern owners are developing an alternative clean
indoor air ordinance and asked how public input will be received on the two different ordinances. The
City Attorney responded that the Commission can conduct a public hearing at which comments are
received on both proposed ordinances. The Commissioners can then determine which elements they
wish to see incorporated in an ordinance, after which the legal staff will prepare the ordinance for
Commission consideration.
The Mayor noted that the tavern owners wish to present their alternative ordinance to the
Commission prior to the public hearing. After discussion, it was decided they will be given an
opportunity to present at an afternoon work session of the Commission; however, no public comment
will be accepted until the public hearing. She then noted that the restaurant owners have requested
an opportunity to meet with Commissioners individually to discuss items to be included in the
ordinance, and cautioned that the ordinance is coming from the community rather than from the
Commission. It was determined that Commissioners may meet with the representatives individually
if they wish, but care must be taken to ensure that no Commission direction is provided.
Informal review of request for Ponderosa Mobile Home Park annexation and zone map amendment
(Yer,qer Drive, alon.q north side of West Main Street) (1-0133)
Included in the Commissioners' packets was a memo from Assistant Planner Jeff Monroe,
dated August 6, forwarding information on the request for annexation and zone map amendment on
the Ponderosa Mobile Home Park.
Assistant Planner Jeff Monroe stated the applicant has requested initial comments and remarks
about possible annexation of the Ponderosa Mobile Home Park, a 30-unit mobile home subdivision on
7~ acres located immediately east of the Oakwood office complex and Perkins Restaurant. He
indicated that the Development Review Committee has considered this request and forwarded its
comments on the issue.
ReSponding to Commissioner Frost, Director of Public Service Arkell stated that, for a new
subdivision, a cul-de-sac street may be no more than 500 feet long. She noted the main issue is that
adequate turn around be provided for fire equipment.
Responding to City Manager Johnson, the Assistant Planner stated that each lot has its own
septic system, although a central water system is fed by a couple of wells. He indicated that the
applicant has proposed maintaining the water system for irrigation purposes, thus reducing impacts
on the City system.
Commissioner Brown characterized this subdivision as the most affordable housing in Bozeman,
and suggested it could benefit from being on City services.
Mayor Youngman cautioned that the upfront costs of annexation may be difficult for the
residents to pay. She then noted that one couple who recently purchased a home in this subdivision
has had to replace a failed septic system, at a cost of $4,500, and suggested that other systems may
be failing or have already failed. As a result, she noted it may be more cost effective to annex than
to replace the septic systems.
Mr. Rodger McCormick, 306 South 14th Avenue, inidcated he is the one requesting this
informal review. He stated the development, including the septic systems, was done in the mid to
late 1960s; and he is trying to determine if annexation and connection to City water and sewer
services is more feasible than replacing the failing systems. He stressed that this is affordable
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housing, with many residents on fixed budgets. He voiced an uncertainty about how property owners
will respond to the possibility of annexation, and he is currently trying to identify costs of the options.
Mayor Youngman suggested talking to the Community Affordable Housing Advisory Board,
noting that they may be able to assist in preserving this affordable housing.
Mr. McCormick stated that he will be visiting with property owners in the subdivision later this
month, noting that most of their concerns revolve around cost.
City Manager Johnson estimated that, if water and sewer services were extended through a
special improvement district, the assessments would be $250 per year.
Responding to the City Manager, Mr. McCormick stated there is a homeowners' association
and, if a majority of the homeowners agree to annexation, the association can be the applicant.
City Attorney Luwe suggested that, since the applicant proposes using the existing wells for
irrigation, an impact study could be done, with the result possibly being lowered impact fee costs for
this subdivision.
Mr. McCormick thanked the Commission for this opportunity to address them and obtain input.
Break - 6:57 to 7:02 p.m.
Mayor Youngman declared a break from 6:57
Commission policy.
p.m. to 7:02 p.m., in accordance with
Public hearinq - Minor Site Plan with Certificate of Appropriateness to allow construction of a
_ 1,900-square-foo~two-storv Qarage with apartment on Lots 6-10, Block 3, Fairview Addition, with
deviations from Sections 18.24.050, 18.50.110.F.1., 18.50.110.J., 18.50.110.B.5. and
18.50.100.C.2. of the Bozeman Municipal Code to allow building to encroach 18 feet into required
20-foot rear yard setback, allow four less parking spaces than required, allow parkinq in the corner
side yard alonQ Story Street, and allow vehicles to back out of the proposed drive approach, which
exceeds the 24-foot width allowed, onto street - Ray and Kay Campeau, 419 South Grand Avenue
(Z-01115)
This was the time and place set for the public hearing on the Minor Site Plan with Certificate
of Appropriateness, as requested by Ray and Kay Campeau under Application No. Z-0111 5, to allow
the construction of a ±l,900-square-foottwo-story garage with apartment on Lots 6 through
10, Block 3, Fairview Addition. The applicants are also requesting deviations from Sections
18.24.050, 18.50.110.F.1., 18.50.110.J., 18.50.110.B.5. and 18.50.110.C.2. of the Bozeman
Municipal Code, to allow the building to encroach 19 feet into the required 20-foot rear yard setback,
allow four less parking spaces than required, allow parking in the corner side yard along Story Street,
allow vehicles to back out of the proposed drive approach onto the street, and allow the drive access
to exceed 24 feet in width at the property line and 30 feet at the right-of-way line. The subject
property is located at 419 South Grand Avenue.
Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated the subject property is
located at the northwest corner of the intersection of South Grand Avenue and West Story Street.
The existing historic structure was built in 1892, and three separate dwelling units are located within
the residence plus one efficiency apartment in a separate building located in the northwest corner of
the property. Because of the number of dwelling units on this property, it is viewed as a commercial
site, triggering requirements not imposed on residential properties.
The Assistant Planner 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. She briefly
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highlighted some of the issues and forwarded a recommendation for approval, subject to 22
conditions.
Responding to Mayor Youngman, the Assistant Planner stated that Historic Preservation Officer
Derek Strahn worked with the applicant on a number of options and possibilities for relocation of the
building and determined it would be more appropriate to construct it where proposed rather than
remove existing mature vegetation.
Mr. Ray Campeau, applicant, stated they have lived in this house for 35 years and had no
garage. He stated that, as they have aged into their 6Os, shoveling snow off cars and defrosting
windows has become more difficult, and they have chosen to construct a garage in which to house
their cars. He voiced concern about locating the garage back from the street since the result would
be more concrete to be shoveled. He noted that, after working with the Historic Preservation Officer,
he feels the design of the proposed garage is compatible with the existing residence. He also voiced
an interest in retaining the existing trees, particularly since they planted some of those trees. He
turned his attention to the fence, noting that the existing fence is three feet high and built of wrought
iron and his intent is to extend that fence. He noted that they have had no problems with parking
and, with this project, they will have more parking than they currently have, plus there are nine on-
street parking spaces adjacent to their property. He concluded by encouraging approval of this
application.
Ms. Georgette Cassen, 213 West Story Street, stated she is the only party who will be
affected by the construction of this garage and apartment, since her house is located immediately
across the alley from the proposed location. She noted that, while she likes the design of the
building, it will block most of her windows and she is concerned about the lack of light on the main
level and particularly in the basement apartment. She concluded by stating that a relocation of the
garage, possibly further east, would be better than being adjacent to the alley.
Responding to Commissioner Frost, Assistant Planner Morris stated the height of the new
building is to be 20 feet. She then stated that the Planning staff's recommendation for approval was
based on the historic location of carriage houses adjacent to alleys and sidewalks in this
neighborhood. She also noted that the alley is 20 feet wide; and that results in a 21 -foot separation,
which is greater than would be provided by two side yard setbacks.
Mr. Campeau stated that when they first began planning this project, he contacted Ms. Cassen
because he recognized her concerns. He noted they looked at two other alternatives, and those
would have resulted in negative impacts on existing trees and, in one instance, the removal of a
portion of the garden and landscaping. He also stated that moving the garage further east will result
in creating a "non yard" on the west side and lose the historic feel of this property. He stated that
including an apartment with the garage will allow for continued preservation of this property,
particularly since recent trim painting "cost more than he paid for the house". He also noted that the
apartments in the house are no longer rented out; rather, they use the entire house and open their
home and provide tours to anyone who asks.
Commissioner Smiley voiced her support for this application and the location of the garage,
noting it is comparable with others in the area.
Commissioner Frost characterized this as a perfect case for a deviation, except there is a house
immediately across the alley instead of the typical garage. As a result, he is not sure if this proposal
is acceptable, particularly in light of the impacts on the house across the alley.
Mayor Youngman noted that one of the criteria to be considered for a deviation is minimal
adverse impacts on adjacent properties; and in this instance, the neighbor to the west will be severely
impacted. She voiced concern that, in this instance, the negative impacts include reducing the light
to a residence that already receives sun for only a few hours a day.
Commissioner Brown recognized the potential negatives on the property to the west; however,
he noted the separation between buildings is greater than the minimum setback requirements if there
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were no alley. He voiced appreciation for the applicants working with staff in considering alternatives,
noting the only possible alternative seems to be moving the garage to the north by a few feet.
Mr. Ray Campeau stated that, when he first began this process, he gave a copy of the plans
to Ms. Cassen because he recognized the potential for impacts. She voiced her concerns with that
plan, and those concerns were taken into consideration as the second set of plans was developed.
He took a copy of those plans to Ms. Cassen, but received no response. He indicated that moving
the garage back a few feet will not make much difference in impacts and will result in additional
concrete, which is not desirable in an historic district. He concluded by asking that the Commission
approve the application as submitted.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
approve the Minor Site Plan with Certificate of Appropriateness, as requested by Ray and Kay
Campeau under Application No. Z-01115, to allow the construction of a ± 1,900-square-foottwo-
story garage with apartment on Lots 6 through 10, Block 3, Fairview Addition, and deviations from
Sections 18.24.050, 18.50.110.F.1., 18.50.110.J., 18.50.110.B.5. and 18.50.110. C.2. of the
Bozeman Municipal Code, to allow the building to encroach 19 feet into required 20-foot rear yard
setback, allow four less parking spaces than required, allow parking in the corner side yard along Story
Street, allow vehicles to back out of the proposed drive approach onto the street, and allow the drive
access to exceed 24 feet in width at the property line and 30 feet at the right-of-way line, subject to
the following conditions:
A four-foot grate or bollards shall be constructed around the Sugar Maple
located in the boulevard along West Story Street.
The existing drive approach on West Story Street shall be abandoned and the
grass boulevard and sidewalk shall be reconstructed in its place.
The existing concrete pad shall be removed and the sod shall be installed up to
the 15-foot corner side yard setback.
The property owner shall obtain a Sidewalk and Curb Cut Permit from the City
Engineer's Department.
No solid fence, planting or hedge shall be permitted along the west side of the
new drive approach along West Story Street.
Perimeter concrete curbing and asphalt paving, adequately identified on the
plans, shall be provided for the proposed driveway (accessed from Story Street)
and parking area (accessed from the alley).
The existing approach located along South Grand Avenue shall be removed and
replaced with City of Bozeman standard curb and gutter and sidewalk.
Any cracked or unserviceable sidewalk panels located along the South Grand
Avenue and West Story Street frontages shall be replaced in accordance with
Section 02529 of the current City of Bozeman Modifications to Montana Public
Works Standard Specifications.
9. The horizontal siding proposed on the site plan shall be wood lap siding.
10.
The applicant shall match the white, decorative dental work on the gable roof
of the historical home on the new structure.
11.
Seven (7) copies of the final site plan containing all of the conditions,
corrections and modifications shall be submitted for review and approval by the
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Planning Director within six (6) months of the date of City Commission
approval.
12.
A building permit must be obtained prior to the work, and must be obtained
within one year of final site plan approval. Building permits will not be issued
until the final site plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site
plan, including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
13.
The proposed West Story Street driveway approach shall be installed in
accordance with City of Bozeman Standard Drawing No. 02529-10 (Residential
Driveway Approach).
14.
The final site plan shall be adequately dimensioned. A legend of all pertinent
line types used shall also be provided.
1 5. All existing utility and other easements must be shown on the final site plan.
16¸,
Runoff from all proposed site improvements shall be directed to on-site
landscape areas to remove solids, silt, oils, grease, and other pollutants, and
provide retention and/or detention prior to off-site discharge. The final site plan
must provide drainage directions and sufficient spot elevations demonstrating
adequate drainage from proposed site improvements to on-site landscape areas.
17.
Sewer and water mains and services shall be included on the final site plan and
clearly identified as existing or proposed.
18.
Sewer and water services shall be approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed
by the applicant.
19.
The domestic water service for the proposed carriage house must be supplied
from the existing house. The connection must be on the customer's side of the
service meter.
20.
The owner is responsible for bringing the existing water services into
compliance with the current backflow requirements.
21.
A lighting detail shall be provided on the final site plan and a manufacturer's cut
sheet shall be provided for any proposed exterior lighting of the new building.
All lighting shall be arranged so as to deflect light down and/or away from any
adjoining properties and shall not detract from driver visibility on adjacent
streets. Luminaires and lenses shall not protrude below the edge of the light
fixture per Section 18.50.035.1.
22.
City code requires each separate dwelling unit to have a direct connection to
the municipal sanitary sewer system.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley and Commissioner Brown; those voting No being Mayor Youngman.
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Public hearing - Certificate of Appropriateness with deviation from Section 18.50.070 of the Bozeman
Municipal Code to allow construction of a six-foot-hiqh cedar fence, which exceeds allowable fence
heioht in corner side yard by two feet. on Lot 1, Lot 2 and half of Lot 3, Block D, Alderson's Addition
- Matt Crocker, 201 South Grand Avenue (Z-01091)
This was the time and place set for the public hearing on the Certificate of Appropriateness
with deviation from Section 18.50.070 of the Bozeman Municipal Code, as requested by Matt Crocker
under Application No. Z-01091, to allow the construction of a six-foot-high cedar fence on Lot 1, Lot
2 and the north one-half of Lot 3, Block D, Alderson's Addition, which exceeds the allowable fence
height in the corner side yard by two feet. The subject property is located at 201 South Grand
Avenue.
Mayor Youngman opened the public hearing.
Assistant Planner Jeff Monroe presented the staff report, beginning with distribution of
additional public comment received just prior to the meeting. He noted the subject property is
located at the southwest corner of the intersection of South Grand Avenue and West Olive Street.
He stated that staff has reviewed this request for a six-foot-high fence in light of the criteria set forth
in the zone code, and staff's comprehensive findings are contained in the written staff report. He
briefly highlighted those findings and forwarded staff's recommendation for denial of the application.
Mr. Shawn Olsen, contractor representing the applicant, stated the subject property is located
immediately across the street from the Emerson Cultural Center, which has a significant amount of
traffic including commercial traffic. The requested six-foot-high fence, which would be constructed
on a three-foot berm, will give the applicant privacy from that traffic as well as the outdoor restaurant
located immediately across the street. Under this application 2/3 of the side yard is to be hidden from
public view, and the fence would not affect the visual aspects of the historic parts of the house,
including the brick, windows, roof and gable ends. He indicated that the fence will be set back 27
feet from the alley and will not encroach into the sight triangles. He stated the owner plans to paint
the fence, inside and outside, to match the house. He noted that the fence will allow the dogs to be
out in the yard while protecting those who may walk by.
Mr. Olsen stated the applicant proposes extensive landscaping along the Olive Street and Grant
Avenue frontages to soften the wall-like appearance of the fence. He concluded by stressing the
impacts that the two-story commercial property immediately across the street has on this property
and the privacy of the owner.
Mr. Jon Gerster, 719 North Wallace Avenue, stated a fence that is solid, rather than picket
or wrought iron, is impermeable and creates a wall. It also takes the house out of involvement with
the neighborhood and "creates a Los Angeles type effect". He recognized that a house located across
the street from the Emerson Cultural Center has challenges, but a more historically sensitive four-foot-
high fence that is visually permeable, with nice landscaping on the house side, would be preferable
to the proposed fence.
Mr. Olsen stated there is a precedence for high fences in this area, noting some are 8 feet tall
with a 2-foot extension of lattice. He noted that a number of those do not abut a commercial
property or a busy street; and these residents are entitled to their privacy. He characterized the solid
fence as a safety factor for the public, since the dogs will not be able to reach through the fence and
bite passersby; and the substantial landscaping proposed will soften the appearance of the fence.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Commissioner Smiley stated she has no problem with screening the back yard for privacy with
the high solid wood fence; however, she cannot support the extension of the six-foot-high fence. She
indicated that, if the top portion of the fence were lattice and if extensive landscaping were included,
she could more favorably consider this request.
Commissioner Brown characterized the existing solid fence as "imposing" and "not neighborly".
He recognized the residents' desire for privacy; however, a solid six-foot fence on a three-foot
08-06-2001
-11 -
embankment would create an imposing barrier from the outside. He recognized that there are other
tall fences in the area; however, what he views as a mistake or short-sighted actions in the past is
no basis for future decisions.
Commissioner Frost voiced his concurrence with Commissioner Brown's comments and
indicated support for staff's recommendation.
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the
Commission deny the Certificate of Appropriateness with deviation from Section 18.50.070 of the
8ozeman Municipal Code, as requested by Matt Crocker under Application No. Z-01091, to allow the
construction of a six-foot-high cedar fence on Lot 1, Lot 2 and the north one-half of Lot 3, Block D,
Alderson's Addition, which exceeds the allowable fence height in the corner side yard by two feet.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none.
Public hearing - variance from Section 18.50.060.C. of the Bozeman Municipal Code to allow
perimeter fence and storage of building materials to encroach 15 feet into the required 15-foot corner
side yard setback along Pear Street, on Tract 1, COS No. 1363 - Ponderosa Land, Bill and Rick Ogle
{Z-01040A )
This was the time and place set for the public hearing on the variance from Section
18.50.060.C. of the Bozeman Municipal Code, as requested by Ponderosa Land, Bill and Rick Ogle,
under Application No. Z-01040A, to allow the perimeter fence and storage of building materials to
encroach 15 feet into the required 15-foot corner side yard setback along Pear Street, on Tract 1,
COS No. 1363. The subject property is located at 1101 Pear Street.
Mayor Youngman opened the public hearing.
Assistant Planner Karin Caroline stated that, since one of the Commissioners is absent from
this meeting, the applicant has requested this public hearing be continued for a period of one week,
so the variance can be considered by a full Commission.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the public
hearing be continued for a period of one week, per the applicant's request. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost,
Commissioner Smiley and Mayor Youngman; those voting No, none.
Continued public hearing - Preliminary plat for Headlands Subdivision PUD - Apogee Architects for
Brideer Headlands Group L.L.C. - subdivide 26.606 acres described as Tract A, COS No. 2220, into
32 single-family residential lots {alone south side of Bridger Drive, approximately % mile east of its
intersection with Story Mill Road) (P-0117)
This was the time and place set for the continued public hearing on the preliminary plat for
Headlands Subdivision PUD, as requested by Apogee Architects for Bridger Headlands Group, L.L.C.,
under Application No. P-0117, to subdivide 26.606 acres described as Tract A, COS No. 2220, into
32 single-family residential lots. The subject property is located along the south side of Bridger Drive,
approximately one-quarter mile of its intersection with Story Mill Road.
Mayor Youngman reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that this application is to
allow subdivision of 26+ acres into 32 residential lots, ranging in size from .3 to .9 acres, and 2.6
acres of dedicated parkland. He indicated that the lots within this subdivision are to be accessed via
24-foot-wide paved streets, with a double access off Bridger Drive and a frontage road within the
development. He noted that wide cul-deosacs are to serve clusters of houses.
08-06-2001
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The Senior Planner reminded the Commission that annexation of this parcel has been
preliminarily approved, as well as an "RS", Residential--Suburban, zoning designation. The original
proposal submitted for concept review included 24 to 26 single-family homes. Because of the
requirement to connect to both the City's water and sewer systems, the applicant has increased that
number to 32 dwelling units to recover the additional infrastructure costs. He stated the property is
currently vacant agricultural land.
Senior Planner Skelton stated that staff has reviewed this application in light of the criteria
contained in the subdivision regulations, and staff's comprehensive findings are contained in the
written staff report. He briefly highlighted some of those findings, noting that some concern has been
voiced about flooding on the property due, in large part, to the significant flooding that occurred in
1981 due to diversion of water in Bridger Creek from upstream. The FEMA maps identify this entire
parcel as Zone X, but no portion of it lies within the lO0-year floodplain. The groundwater table is
quite high, generally ranging from 4 to 8 feet, but a full or daylight basement could still be constructed
on the site. The developer, however, proposes to include restrictions in the covenants to preclude
full basements on these single-family residential lots. Staff is recommending that a boilerplate
notation be included in the plat to notify potential purchasers of the high groundwater.
The Senior Planner stated that the land use designation on this property is for urban residential,
which allows up to 6 units per acre and, under this application, the density is 1.2 units per acre. This
lower density reflects the land use patterns and existing subdivisions in the area. The applicant is
submitting extensive bylaws and protective covenants to ensure that the homes constructed in this
subdivision are compatible with the surrounding neighborhoods and to preclude fencing. He indicated
that more than the required 30-percent open space is to be provided, with 2.2 acres of dedicated
parkland proposed on the eastern edge of the parcel and a green belt with pedestrian/bicycle facilities
that is open to use by the general public along the entire frontage. He indicated that the dedicated
parkland is to be maintained by the homeowners' association.
Senior Planner Skelton stated that the City Planning Board considered this application at its
meeting held on July 17 and, following that hearing and consideration of the public comment, the
criteria and the staff findings, they forwarded a recommendation for approval subject to several
conditions. He briefly highlighted those findings contained in the Planning Board's resolution, noting
that many of the concerns voiced by the public pertain to the zoning application rather than the
planning application.
Responding to questions from Commissioner Brown, the Senior Planner stated that basements
can be appropriately engineered for this type of site; however, the developer has chosen not to allow
them at all, thus the recommendation for a notation on the plat. He then indicated that this property
does serve as a holding area for various species of wildlife, and the applicant has tried to address
those issues.
Mr. Van Bryan, architect representing the applicants, stated that the design of this infill project
is to be sensitive to surrounding developments and is designed to beautify the entryway to Bridger
Canyon. He noted that many people have enjoyed the field as it exists but recognized that one day
it would be developed. He stated that the interior road running parallel to Bridger Drive will serve to
get traffic to this subdivision off Bridger Drive and preclude a large number of driveways accessing
directly onto the roadway. Also, the cul-de-sac streets running off that roadway with clusters of
houses at the end of each preclude a wall of structures and garages along Bridger Drive and provide
fractured views and different facets. He stated this will not only be more aesthetically pleasing but
will allow wildlife to move through the site.
Mr. Bryan stated that, within each cluster, they have tried to pay attention to the allowable
footprints on the individual lots. Dog runs and electronic fences are to be allowed on the lots, but
no perimeter fences. The linear trail is to provide for pedestrian and bicycle traffic both within the
subdivision and along Bridger Drive. Mr. Bryan requested that a 24-foot-wide street standard with
shallow ditches be allowed except in the turnarounds, which would include a roll over curb. He
concluded by stressing that the density of this proposed development is essentially the same as exists
along Bridger Drive and Hillside Lane.
08-06-2001
13-
Mr. Chris Nixon, 719 North Wallace Avenue, stated he would love to see the hayfield remain,
but recognizes that it will be developed. He stressed, however, that any development of the site must
include connection to City sewer services to avoid further contamination of aquifers in the county.
He voiced opposition to allowing development without the standard curb, gutter and sidewalk, and
asked that the human element be given as much priority as the vehicle.
Mr. Jon Gerster, 719 North Wallace Avenue, stated that this being a transition area is not a
reason to "throw out what we like about urban". As a result, he proposed that boulevard trees be
planted along Bridger Drive, generally following the urban standards. He stated that, in other
instances, standards have been relaxed for developments on the edge of the community; and those
areas are now well inside the city, with regrets that they are without sidewalks and trees.
Mr. Rufus Cone, 1413 Bridger Drive, voiced concern that development of this area may modify
future flooding patterns, noting that in 1981, a significant amount of water flowed through this field.
Mrs. Margaret Cone, 1413 Bridger Drive, recognized that the time for fields remaining across
the road and behind their home is limited. She voiced concern about the amount of traffic that is
being generated in this area and the conflicts that are continuing to increase as residents attempt to
turn left into their homes. She also noted that wildlife habitat is continually diminishing, making it
more difficult for the deer who have lived there for years to continue to do so.
Director of Public Service Debbie Arkell voiced concern that maintenance of the open space
and the parkland seems to hopscotch between the City and the homeowners' association, and asked
for clarification on the issue.
Senior Planner Dave Skelton responded that it would be appropriate to require that the
homeowners' association maintain both the open space and the parkland through the covenants, thus
avoiding any impacts on the City's Park Division. He then turned his attention to some of the other
issues raised. He indicated that it has been determined no traffic improvements are needed in
conjunction with this application, since the roadway and intersections will continue to operate at a
Level of Service C with full development of this subdivision. He indicated that research has revealed
the flooding of this site in 1981 was due to improper diversion from the creek. He stated that
boulevard trees were initially proposed along both sides of the frontage road, but it was subsequently
determined that the proposal to cluster the trees along the street frontage would have the same result.
He then noted this issue is more appropriately addressed under the next agenda item.
Responding to Commissioner Brown, Mr. Bryan stated that Bridger Drive is located in a 90-foot
right-of-way.
Responding to Commissioner Smiley, Senior Planner Skelton stated that the covenants allow
for accessory dwelling units.
Mr. Van Bryan encouraged the Commission to recognize the transitional character of this area,
noting that there is an open field beyond this site; but then it quickly moves into the Bridger Canyon
zoning district, which carries its own regulations. He concluded by suggesting the applicant may seek
a payback agreement for the sewer main extension, so that those properties along Hillside Lane could
possibly tie into it in the future. Senior Planner Skelton cautioned that only the size of line required
for the development is being proposed at this time, so granting impact fee credits or a payback
agreement might not be possible.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the preliminary
plat for Headlands Subdivision PUD, as requested by Apogee Architects for Bridger Headlands Group,
L.L.C., under Application No. P-0117, to subdivide 26.606 acres described as Tract A, COS No.
2220, into 32 single-family residential lots be approved, subject to the following conditions:
08-06-2001
-14-
Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City
Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan
shall include sufficient site grading and elevation information (particularly for the
basin site, drainage ways and finished lot grades), typical stormwater detention/
retention basin and discharge structure details, basin sizing calculations and a
stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed
and constructed to be conducive to the normal use and maintenance of the
open space. Stormwater ponds for runoff generated by the subdivision (e.g.,
general lot runoff, public or private streets, common open space, parks, etc.)
shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of
use on each lot, the maximum sizing of the storm retention facilities for each
lot will be established based on maximum site development. Final facility sizing
may be reviewed and reduced during design review of the final site plan for
each lot.
Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional
Engineer, shall be provided to and approved by the City Engineer and the
Montana Department of Environmental Quality. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not
be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a pre-construction conference has been
conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
All infrastructure improvements, including 1 ) water and sewer main extensions,
and 2) public and private streets and related storm drainage infrastructure
improvements, shall be financially guaranteed or constructed prior to final plat
approval.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
The applicant shall be allowed to install an improved gravel trail surface which
is permeable instead of the impermeable surface recommended by the
Development Review Committee, subject to meeting minimum ADA
accessibility requirements.
The property owner shall provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of SIDs for the following:
Signalization of the intersection of Story Mill Road and Bridger
Drive.
08-06-2001
-15-
11.
12.
13.
14.
15.
16.
The documents filed shall specify that in the event an S.I.D. is not utilized for
the completion of these improvements, the developer agrees to participate in
an 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.
The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
The Montana Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineers shall be contacted
regarding the proposed project and any required permits (i.e., 310, 404,
Turbidity exemption, etc.) shall be obtained prior to final site plan approval.
Easements for the water and sewer main extensions shall be a minimum of 30
feet in width, with the utility located in the center of the easement. In no case
shall the utility be less than 10 feet from the edge of easement.
Project phasing shall be clearly defined including installation of infrastructure.
That the landowners execute the Annexation Agreement for said property and
that the City Commission formally adopt the resolution of annexation prior to
the applicant submitting for final plat review and approval.
That the landowner address the necessary contingencies of the Zone Map
Amendment application to establish an initial municipal zoning designation of
"RS", Residential Suburban District, on the subject property, and that the City
Commission formally adopt the zone map amendment by Ordinance prior to the
applicant submitting for final plat review and approval.
That the final plat shall comply with Section 16.10.030 of the 13ozeman Area
Subdivision Regulations, and shall include all appropriate certificates, and be
accompanied by all appropriate documents, including a Platting Certificate. Five
(5) blue line paper prints and four (4) mylar copies of the final plat must be
submitted for final plat approval, along with a digital copy of the final plat, on
a double sided, high density 3~-inch floppy disk.
That the applicant obtain Montana Department of Environmental Quality
approval of the subdivision prior to final plat approval pursuant to Sections
16.16.101 through 16.16.805 A.R.M.
That applicant submit to the Planning Office revised protective covenants,
restrictions and articles of incorporation based on the comments outlined in the
staff report, at least thirty (30) days prior to submitting an application for final
plat, for review and approval by' the Planning Office, which shall be recorded
and filed at the Gallatin County Clerk & Recorder's Office with the final
subdivision plat.
That the applicant obtain written approval from the Bozeman Recreation and
Parks Advisory Board regarding the final design and location of the public
pedestrian trail along Bridger Drive, as well as the dedicated parkland(s) for said
major subdivision prior to final plat approval.
That the applicant submit a formal development plan for the design of the
dedicated parkland for review and approval by the Superintendent of Facilities
and Lands, signed by a certified landscape architect. Details of plantings,
species, topography, irrigation system, and any permanent park features shall
be shown and discussed with the plan. Construction of the parkland
08-06-2001
-16-
17.
18.
19.
20.
21.
22.
23.
24.
25.
improvements will be to City standards and must be completed with City
oversight.
That utility easements as prescribed by the Subdivision Regulations be
delineated accordingly by dimensions on the final plat.
That the final plat contain the minimum twenty (20) foot wide utility easements
on all side and rear property lines as required by the Subdivision Regulations.
The requirement of utility easements in the side property lines may be waived
when all local utility agencies and the Director of Public Service agree in writing
that utilities can be installed in the twelve (12) foot wide and ten (10) foot wide
utility easements along the front and rear of the residential lots or other
proposed easements and that utility easements along the side property lines are
not necessary.
That the final plat contain the following language that is readily visible with
lettering on the plat at a minimum width of Ninch in height, placing future
landowners of individual lots on notice of the presence of high groundwater in
the area of the subdivision for review and approval by the Planning Office:
"Due to relatively high groundwater table within the areas of the
subdivision, it is not recommended that residential dwellings with
full basements be constructed without first consulting a
professional engineer. If daylight basements are incorporated in
the construction of residential dwellings, they should not have
a depth greater than (3) three feet below the top of the curb or
crown of the street from which it is served."
All street names shall be reviewed and approved by the County Road and
Bridge Department and City Engineering Department.
That the applicant provide usable water rights, or cash in-lieu of water rights
thereof, in the amount to be determined by the Director of Public Service, prior
to final plat approval.
Prior to filing of the final subdivision plat the applicant must provide written
documentation of an approved Memorandum of Understanding from the County
Weed Control District verifying the implementation of a noxious weed
management and revegetation plan.
The final plat shall contain a notation stating that the development of each
phase of the subdivision will not interfere with any agricultural water user
facility or irrigation ditches for downstream water user rights, and that it also
be noted accordingly in the by-laws and protective covenants for the
homeowners' association.
That the homeowners' bylaws, protective covenants and restrictions, and final
subdivision plat define the required yard setbacks for each individual subdivision
lot to confirm compliance of each individual single family dwelling with the
Zoning Ordinance.
The Montana Department of Fish, Wildlife and Parks, SCS, Montana
Department of Environmental Quality and Army Corps of Engineers will need to
be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan
approval, unless the applicant's professional engineering states in writing that
said permits are not required with this subdivision proposal.
08-06-2001
17-
26.
That the applicant prepare a cultural resource survey of said property as
requested by the Montana Historical Society with documentation of a written
response of approval from the historical society included with the final plat
application for review and approval by the Historic Preservation Officer.
27.
That the applicant provide with the final subdivision plat application
documentation of obtaining all necessary encroachment permits approved by
the Montana Department of Transportation for access onto Bridger Drive.
28.
The subdivider shall ensure that all construction material and other debris is
removed from the subdivision prior to final plat approval, or prior to release of
said financial guarantee, if an Improvements Agreement is necessary with the
final plat.
29.
That the developer shall enter in an Improvements Agreement with the City of
Bozeman guaranteeing the completion of all improvements in accordance with
the preliminary plat submittal information and conditions of approval. If the
final plat is filed prior to installation of all improvements, the developer shall
supply the City of Bozeman with an acceptable method of security equal to one
hundred fifty (150) percent of the cost of the remaining improvements.
30.
That the developer shall have three (3) years from the date of preliminary plat
approval to complete the conditions of preliminary plat approval and apply for
final plat approval for said subdivision.
31.
That the applicant submit with the application for final plat review and approval
of The Headlands Subdivision a written narrative stating how each of the
conditions of preliminary plat approval have been satisfactorily addressed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting No, none.
Continued public hearing - Conditional Use Permit for Planned Unit Development - Apogee Architects
for Bridger Headlands Group L.L.C. - allow construction of 32 single-family residential units on 26.606
acres described as Tract A, COS No. 2220 (along south side of Bridger Drive, approximately % mile
east of its intersection with Story Mill Road) (Z-01104)
This was the time and place set for the continued public hearing on the Conditional Use Permit
for a Planned Unit Development, as requested by Apogee Architects for Bridger Headlands Group,
L.L.C., under Application No. Z-01104, to allow the construction of 32 single-family residential units
on 26.606 acres described as Tract A, COS No. 2220. The subject property is located along the
south side of Bridger Drive, approximately one-quarter mile of its intersection with Story Mill Road.
Mayor Youngman reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that, under the City's zone
code, development of "R-S", Residential--Suburban, zoned land must be subject to the planned unit
development process. He indicated that staff has reviewed this application in light of the applicable
criteria contained in the zone code, and staff's comprehensive findings are contained in the written
staff report. He noted that a review of surrounding development revealed an eclectic arrangement
of lots ranging from 3/4 acre to 2 acres in size; and staff determined after reviewing that information
that the proposed 1.2 dwelling units per acre was an appropriate density.
Senior Planner Skelton noted that, distributed just prior to the meeting, was a letter from Mr.
Glenn Vogel, 2016 Bridger Drive, voicing concern about this proposed development. He summarized
Mr. Vogel's letter, which includes a request for screening, possibly through the construction of a solid
wood fence, to ensure that adjacent properties are not negatively impacted by this development. He
suggested, rather, that additional landscaping could better address those concerns.
08-06-2001
18-
The Senior Planner reviewed the recommended conditions for approval of this application. He
noted that, while staff initially recommended the planting of 1 tree per 50 feet of street frontage, they
recognize the benefits of clustering the trees, particularly at the intersections. He forwarded staff's
recommendation that a pedestrian trail, similar to the trail along Bridger Drive, be included along the
south side of the interior road to serve the residents of this subdivision. He also indicated that
different materials are to be used where the trails cross the paved road.
Mr. Van Bryan, architect representing the applicant, showed the Commission pictures of the
site and surrounding area, the proposed turn-around areas, and other developments that reflect the
rollover curb proposed, the difference in materials where a trail crosses the street, and the more
gridded development in the downtown area.
Mr. Bryan turned his attention to the pedestrian circulation path, noting this was an issue
discussed extensively with the Design Review Board. He forwarded the applicant's position that
having two trails, one on each side of Headlands Drive, is not productive and will simply result in "four
lanes of hardscape", and asked that the Commission allow a gravel pathway along the north side of
the property, with focal points across Headlands Drive to provide access for residents.
Mr. Jon Gerster, 719 North Wallace Avenue, suggested that planting trees along the Bridger
Drive frontage could provide safety for both the pedestrians and motorists.
Senior Planner Skelton recommended that the first two conditions be amended to require that
the bylaws and protective covenants include the stipulation that all dedicated parklands, open space
and retention ponds will be maintained by the homeowners' association. As the result of discussion,
it was determined the public parkland will be owned by the City but maintained by the homeowners'
association, and the open space and retention ponds will be also maintained by the homeowners'
association. The Senior Planner proposed that this item be addressed in a new additional condition.
Mr. Van Bryan addressed the concerns voiced in Mr. Vogel's letter, noting that larger trees are
proposed along the property line, in a clustered arrangement that will make it more visually
impermeable. The Commissioners concurred that modification of Condition No. 3 to require that
clustered landscaping be provided along the east side of the property would be appropriate.
Responding to Mayor Youngman, Mr. Bryan stated that the applicant has about 60 3N~nch
trees that need to be planted. He suggested that berming and a random, more natural pattern, would
enhance this transitional area more than a regimented planting of trees every 50 feet. He indicated
that conifers and deciduous trees are to be intermingled, and proposed that the trail meander through
the trees rather than running straight along the roadway.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the
Commission approve the Conditional Use Permit for a Planned Unit Development, as requested by
Apogee Architects for Bridger Headlands Group, L.L.C., under Application No. Z-01104, to allow the
construction of 32 single-family residential units on 26.606 acres described as Tract A, COS No.
2220, subject to the following conditions:
That the applicant expand on the protective covenants and restrictions for the
homeowners' association documents to include in the architectural and
landscape guidelines a written narrative supported by architectural sketches that
addresses roof forms, scale, mass, facade and fenestration treatment,
placement of garages, covered porches, broken roof forms and use of dormers,
etc., as well as stipulation that maintenance of the dedicated parkland, open
space and detention ponds shall be the responsibility of the homeowners'
association, for review and approval prior to final site plan approval.
That the homeowners' association documents be recorded and filed at the
Gallatin County Clerk & Recorder's Office with the final plat and prior to final
site plan approval for the residential planned unit development.
08-06-2001
That the landscape plan be prepared and certified by a landscape architect,
nurseryperson, or equally certified professional, and revised to include: 1)
additional landscape features at the entryways into the residential subdivision,
2) landscape features along and around the detention ponds along Bridger
Drive, 3) additional landscape and berming and/or screening of the six (6) off-
street parking lots at the east end of the subdivision, 4) a formal streetscape
along both sides of the private street containing an irregular pattern of clustered
coniferous and deciduous trees, in the same quantity that would accommodate
1 tree per 50 feet, at both sides on the cul-de-sac entryways, 5) additional
landscape features within the private cul-de-sacs, and 6) development of
clustered landscaping plan along the east side of the property, for review and
approval by the Planning Office prior to final site plan approval.
o
That the applicant install a six (6) foot wide pedestrian pathway along the south
side of the private street, of similar polymer surfacing materials as proposed
with the Bridger Drive pathway, separated from the street by the drainage
swale on the south side, and that the site plan be revised accordingly, noting
the location of the pathway, for review and approval prior to final site plan
approval.
That the pedestrian crosswalks be constructed of pavers, scored concrete, or
similar materials, and noted accordingly on the site plan for review and
approval, prior to final site plan approval.
The developer shall enter into an Improvements Agreement with the City of
Bozeman to guarantee the installation of required on-site improvements at the
time of submitting for final P.U.D. plan review and approval. Detailed cost
estimates, construction plans and method of security shall be made a part of
said Agreement.
If occupancy of the structure is to occur prior to the installation of all on-site
improvements in that phase, the Improvements Agreement must be secured by
a method of security equal to one and one-half (1 ¼)times the amount of the
estimated cost of the schedule improvements not yet installed. Said method
of security shall be valid for a period of not less than twelve (12) months;
however, all on-site improvements in that phase shall be completed by the
applicant within nine (9) months of occupancy to avoid default on the method
of security.
o
Building permits may not be issued until the final subdivision plat and final site
plan have been approved and all required infrastructure and street
improvements for said residential subdivision have been installed, inspected and
accepted by the City of Bozeman.
That the applicant provide seven (7) copies of the final site plan and
supplemental document containing the streetscape profiles, architectural design,
building footprint, elevations, floor plans, and landscape features prior to final
site plan approval.
10.
That the applicant submit a written narrative with the Final P.U.D. Plan outlining
how each of the conditions of approval have been addressed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none.
08-06-2001
- 20 -
Adjournment - 9:45 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Smiley, seconded by Commissioner Frost, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Frost, Commissioner Brown and Mayor Youngman; those voting No, none.
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
08-06-2001