HomeMy WebLinkAbout2005-07-05 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 5, 2005
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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 Tuesday, July S, 200S, at 7:00 p.m. Present were Mayor
Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve
Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Planning Director Andy Epple, Staff
Attorney Tim Cooper, and City Clerk Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - March 21. June 6. June 13. June 20. and June 27. 2005
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the meetings of June 13, June 20, and June 27, 200S, be approved as submitted. The motion carried
by the fOllowing Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none.
Mayor Cetraro deferred action on the minutes of the meetings of March 21 and June 6, 200S, to a
later date.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Item.
Ordinance No. 1642 - zone map amendment - amend the zone map by amendina the
zonina desianation from "R-2". Residential- Two-household, Medium-density.
to "M-1", Liaht Manufacturina, on 0.346 acres Iyina alona the east side of
Broadway Avenue. immediately south of vacated Dayis Street: finally adopt
ORDINANCE NO. 1642
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY AMENDING THE ZONING
DESIGNATION FROM R-2 (RESIDENTIAL TWO-HOUSEHOLD, MEDIUM DENSITY
DISTRICT) TO M-1 (LIGHT MANUFACTURING DISTRICT) ON 0.346 ACRES, ON
PROPERTY DESCRIBED AS LOTS 1-3, BLOCK 41, NORTHERN PACIFIC ADDITION, IN
THE NORTHEAST QUARTER OF SECTION 7, T2S, R6E, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
Ordinance No. 1643 - providina for the appointment of an Assistant City Manaaer:
providina for five administrative departments: authorizina the City Manaaer to
reoraanize functions and divisions under the city departments: and
eliminatina conflictina provisions to said authorizations: provisionallvadopt
and brina back in two weeks for final adoption
ORDINANCE NO. 1643
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BUT NOT YET
CODIFIED BY ORDINANCE NOS. 1537 AND 1640, BE AMENDED BY ADDING A NEW
CHAPTER TO BE NUMBERED CHAPTER 2.1 0; PROVIDING FOR THE APPOINTMENT
OF AN ASSISTANT CITY MANAGER; AND BY AMENDING SECTIONS 2.12.010,
2.36.070, 2.44.010, 2.76.030B, AND 2.76.040; PROVIDING FOR FIVE ADMINISTRATIVE
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DEPARTMENTS, AUTHORIZING THE CITY MANAGER TO REORGANIZE FUNCTIONS
AND DIVISIONS UNDER THE CITY DEPARTMENTS,AND ELIMINATING CONFLICTING
PROVISIONS TO SAID AUTHORIZATIONS; AND REPEALING SECTIONS 2.36.010,
2.36.020, 2.36.100, AND CHAPTER 2.48.
Commission Resolution No. 3811 - certifyina delinauent semi-annual assessments
as of May 31. 2005. to the County
COMMISSION RESOLUTION NO. 3811
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND
PAYABLE MAY 31,2005, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT
TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY
CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING
THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY
TREASURER FOR COLLECTION.
Commission Resolution No. 3812 - reimbursement resolution for Durston Road
proiect extendina westward from North 19th Avenue
COMMISSION RESOLUTION NO. 3812
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING
COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL
REVENUE CODE.
Commission Resolution No. 3813 - approvina application for tax reduction for new
and expandina business from LiaoCvte Pharmaceuticals
COMMISSION RESOLUTION NO. 3813
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING THE APPLICATION OF L1GOCYTE PHARMACEUTICALS, INC., FOR TAX
REDUCTION UNDER SECTION 15-24-1401, ET SEQ., MONTANA CODE ANNOTATED,
AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660.
Acknowledae receipt of staff report - reauest for annexation of 3.1 acres described as
Tracts 17 and 19, Homesite Addition (A-05003l
Commission Resolution No. 3814 - intent to annex 3.1 acres described as Tracts 17
and 19. Homesite Addition: set public hearina for Auaust 1. 2005
COMMISSION RESOLUTION NO. 3814
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS
TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Commission Resolution No. 3815 - authorize Actina City Manaaer to sian Chanae
Order No.3 for remodel of the second floor of the Alfred M. Stiff Professional
Buildina - R&R Taylor Construction, Inc. - deduct $9.156
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COMMISSION RESOLUTION NO. 3815
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH R&R TAYLOR
CONSTRUCTION, INC., BOZEMAN, MONTANA.
Commission Resolution No. 3816 - authorize Actina City Manaoer to sign Chanae
Order No.4 for remodel of the second floor of the Alfred M. Stiff Professional
Buildina - R&R Taylor Construction. Inc. - add $879
COMMISSION RESOLUTION NO. 3816
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH R&R TAYLOR
CONSTRUCTION, INC., BOZEMAN, MONTANA.
Commission Resolution No. 3817 - authorize Actina City Manaoer to sian Chanae
Order No. 1 for Valley Center Road/North 19th Avenue proiect - JTL Group.
Inc.. Belorade. Montana - deduct $363.977
COMMISSION RESOLUTION NO. 3817
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH JTL GROUP, INC.,
BELGRADE, MONTANA.
Reauest for extension of three-year period for installation of sidewalks for Cattail
Creek Subdivision. Phase II. to November 12,2006. the third anniversary of the
plat recordation
Acknowledae receipt of reauest from Tech Ranch for business incubator tax
abatement: refer to staff
Ratify City Manaaer's sionature on Property ManaGement Aareement for property at
1811 Durston Road - Aspen Properties
Authorize Actina City Manaaer to sion - Aoreement with Heart of the Valley, Inc., for
operation of the humane society. 2125 North Rouse Avenue
Authorize Actina City Manager to sian - Sewer and Water Pipeline and Access
Easement and Agreement from Gallatin County - across east side of Law and
Justice Center property
Authorize Actina City Manaaer to sian - Release and Reconveyance of Easement(s} -
across Law and Justice Center property
Acknowledae receipt of third auarterly update on ooals for Clerk of Commission's
office for FY 2005
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, 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 Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss,
and Mayor Cetraro; those voting No, none. .
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Public comment
Mr. Rick Klein gave a brief history of the library project, its funding and shortfalls. He reminded the
Commission that the $4 million bond issue was for the acquisition of land and construction of a library. That
money was fully spent on acquisition of a contaminated site and its remediation, with the City providing an
additional $1 million in landfill space for disposal of the contamination. The project is now estimated at $15
million, with the proposed sale of Soroptimist Park netting an estimated $450.000 to $500.000, or less than
3 percent of the monies for the project. He drew the Commissioners' attention to the number of letters to
the editor, guest editorial, and editorial in recent issues of the Bozeman Dai/y Chronic/e. He also submitted
to the Commission a petition that was left in the park over the past weekend, with no one manning it, noting
it contains over 100 signatures. He concluded by asking the Commissioners to listen to those who elected
them and not sell Soroptimist Park, the small parcel of open space in the downtown that is currently enjoyed
by many.
Conditional Use Permit with Certificate of Appropriateness to allow construction of car wash facility
on 0.937 acres located at 1105 Reeves Road West - JJKG & Associates. Inc.. for Stiff Cheese. LLC
(northeast corner of intersection of Reeves Road West and Enterprise Road) (Z-05063)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness, as requested by JJKG & Associates, Inc., for Stiff Cheese, LLC, under Application No.
2-05063, to allow construction of a car wash facility on 0.937 acres described as Lot 1 A 1. Block 4, Amended
Plat J-164-B., Walker Property Subdivision Planned Unit Development. The subject property is located at
1105 Reeves Road West.
Public hearing
Mayor Cetraro opened the public hearing.
Assistant Planner Susan Kozub presented the staff report. She noted the subject property lies
northeast of the intersection of Reeves Road West and Enterprise Road. It is zoned "B-1" and lies within
the North 19th Avenue and 1-90 entryway corridors. Under this application, a car wash faCility with three
manual wash bays, two automatic bays and one mechanical room/dog wash area is to be constructed,
along with the related site improvements.
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 noted that, in light of those
findings, staff has forwarded a recommendation for approval, subject to 27 conditions plus code
requirements.
Mr. John Sinrud. consultant representing the applicant, noted a car wash facility is needed in this
area. He then indicated a willingness to work with the Planning staff to ensure that all issues are addressed
and stated he has no problem with the recommended conditions.
No public testimony was received on this application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Kircl)hoff, seconded by Commissioner Hietala, that the Conditional
Use Permit with Certificate of Appropriateness, as requested by JJKG & Associates, Inc., for Stiff Cheese.
LLC, under Application No. 2-05063, to allow construction of a car wash faCility on 0.937 acres described
as Lot 1A1, Block 4, Amended Plat J-164-B., Walker Property Subdivision Planned Unit Development, be
approved subject to the following conditions:
1. Prior to final site plan approval, the applicants shall submit written approval from the
Walker Property Design Review Committee.
2. Additional architectural features and materials shall be provided on all four
elevations as part of the final site plan submittal and are subject to review and
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approval by Administrative Design Review Staff. Possibilities include but are not
limited to a wainscot and/or additional fenestration, etc.
3. A color palette and material sample board shall be provided with the final site plan
submittal.
4. A minimum of three feet of curbed landscaped area shall be depicted on the final
site plan between the parking and the access easement in place of the wheel stops.
5. The drive aisle shall incorporate curved curbs instead of right angles to decrease the
amount of paving and to better coordinate with the landscape plan.
6. The final landscape plan shall indicate the correct species names.
7. The final landscape plan shall include the following note: "No irrigation wells will be
permitted due to the presence of the solvent site."
8. The final site plan shall be adequately dimensioned. A complete legend of all line
types used shall also be provided.
9. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), storm water detention/retention basin
details (including basin sizing and discharge calculations, and discharge structure
details), stormwater discharge destination, and a stormwater maintenance plan.
10. A stormwater easement must be established on the adjacent property and filed with
the County Clerk and Recorder's Office for the retention pond and discharge course
if located off the subject property.
11. 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.
12. The sewer and water services and mains shall be shown on the landscaping plan.
Trees or other significant landscaping features shall not be placed within ten (10)
feet of any utility main or service.
13. The location of existing water and sewer mains shall be properly depicted, as well
as nearby fire hydrants.
14. The drive approach shall be constructed in accordance with the City's standard
approach (i .e., concrete apron, sidewalk section, and drop curb) and shown as such
on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior
to final site plan approval.
15. City standard sidewalk shall be installed and properly depicted at the standard
location (i.e., 1 foot off property line) along the street frontage of Enterprise Road
and Reeves Road West. Any deviation to the standard alignment or location must
be approved by the City Engineer.
16. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section
detail shall be provided to and approved by the City Engineer. Concrete curbing
shall be provided around the entire new parking lot perimeter and adequately
identified on the final site plan.
17. The Montana Department of 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.
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18. All existing utility and other easements must be shown on the final site plan.
19. Adequate snow storage area must be designated outside the sight triangles, but on
the subject property (unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and Recorder's office).
20. Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
21. A Pretreatment Program Sanitary Sewer Survey shall be completed by the applicant
and submitted to the Engineering Department prior to final site plan approval.
22. If construction activities related to the project result in the disturbance of more than
1 acre of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality, Water Quality Bureau, shall be
contacted by the applicant to determine if a Stormwater Discharge Permit is
necessary. If required by the WQB, an erosion/sediment control plan shall be
prepared for disturbed areas of 1 acre or less if the point of discharge is less than
100 feet from state waters.
23. The applicant is advised that any newly-constructed establishments that could be
a source of sand, oils, or greases shall install an outside two-compartment
sand/oil/grit 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.
24. 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 Bozeman Municipal Code. 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.
25. All construction activities shall comply with Section 18.74.020.A.2. of the Bozeman
Municipal Code. 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.
26. The property is located within the Bozeman Solvent Site Water Main District and
payback to the District shall be made prior to water service connection.
27. Street identification signs shall be installed per the City of Bozeman standard
drawing no. 09710-1 at the intersections of Enterprise Road/ Reeves Road West
and Enterprise Road/ North 19th Avenue. Per Section 09810 2.2 of the City of
Bozeman MPWSS, 6-inch sign blanks shall be used.
28. The applicant shall comply with all applicable code provisions, the following in
particular:
a) That the right to a use and occupancy permit shall be contingent
upon the fulfillment of all general and special conditions imposed by
the conditional use permit procedure.
b) That all of the special conditions shall constitute restrictions running
with the land use, shall apply and be adhered to by the owner of the
land, successors or assigns, shall be binding upon the owner of the
land, his successors or assigns, shall be consented to in writing, and
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Per Section 18.38.050, all rooftop, ground-mounted, and wall-
mounted mechanical equipment must be appropriately screened.
The location of all mechanical equipment and the method of
screening must be depicted on the final site plan.
Per Section 18.40.070 "Automobile Washing Establishment: "a) All
detergents must be biodegradable; b) Building surfaces shall be
faced with masonry, brick, stucco, wood, or some other permanent
looking material. Corrugated metal is prohibited; c) Trash and litter
containers shall be emptied daily. In addition, the site shall be
patrolled at least once daily in order to remove litter; d) Sale of
automobile accessories such as batteries, tires, gasoline, etc. is
prohibited during any period when establishment employees are not
present; and e) Canopies are to be located not closer than 1 0 feet
to any side or rear property line. Design of the canopy shall
architecturally match the design of the main building. All lighting
shall meet the lighting standards of this title. The maximum height
of the canopy shall not exceed 18 feet. All signs must conform to the
sign regulations of Chapter 18.52, Bozeman Municipal Code.
All lighting shall conform to Section 18.42.150. Proposed lighting
details and locations must be included with the final site plan.
Per Section 18.46.040.B, the final site plan submittal must include
parking calculations for both the automatic drive-through and the
self-service stalls as noted in Table 46-3. Also, one van-accessible
disabled parking space must be provided on site. Note: the dog
waShing facility will be considered the same as a self-service stall.
Section 18.46.040.E states that all developments shall provide
adequate bicycle parking facilities to accommodate employees and
customers. The location and details for the bike rack shall be
provided in the final site plan.
Per Chapter 18.52, all signage, including the subdivision
identification sign, shall require a sign permit subject to review and
approval by the Department of Planning and Community
Development.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting
No, none.
c)
d)
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shall be recorded as such with the County Clerk and Recorder's
Office by the property owner prior to the issuance of any building
permits. final site plan approval or commencement of the conditional
use.
e)
f)
g)
h)
Preliminarv plat for minor subdivision - subdivide 1.66 acres alona east side of Bridoer Center Driye
into four industrial lots - B&K Holdinos, LLC (P-05023)
This was the time and place set for the public hearing on the preliminary plat requested by B&K
Holdings, LLC, under Application No. P-05023, for a minor subdivision under which 1.66 acres described
as Block 2, Bridger Center Subdivision, into four industrial lots. The subject property is located along the
east side of Bridger Center Drive, between Bridger Drive and Commercial Drive.
Public hearing
Mayor Cetraro opened the public hearing.
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Assistant Planner Susan Kozub presented the staff report. She noted that under this application,
four industrial lots ranging from 0.3 to 0.5 acres in size, are to be created. 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. She then indicated that staff has forwarded a recommendation for approval,
subject to eleven conditions as well as code provisions. She stated that, following its review on June 21,
the Planning Board concurred in staff's recommendation.
No applicant presentation was given, and no publiC comment was received regarding this
application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the preliminary
plat requested by B&K Holdings, LLC. under Application No. P-05023, for a minor subdivision under which
1.66 acres described as Block 2, Bridger Center Subdivision, into four industrial lots, be approved subject
to the following conditions:
1. Future development on these lots shall be subject to appropriate development
review.
2. A publiC sanitary sewer easement shall be filed on top of the existing private sanitary
sewer easement bordering the east side of the proposed subdivision. The easement
shall be 20 feet wide, with only no other utilities in the easement. In no case shall the
utility be less than 10 feet from edge of easement.
3. 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.
4. The location of and distinction between existing and proposed sewer and water
mains and all easements shall be clearly and accurately depicted on the plans and
specifications, as well as all nearby fire hydrants and proposed fire hydrants.
5. City standard sidewalk shall be installed and properly depicted at the standard
location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to
the standard alignment or location must be approved by the City Engineer.
6. The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
7. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
8. The Montana Department of 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 plan and specification approval.
9. Project phasing shall be clearly defined on the infrastructure plans and speCifications
including installation of infrastructure.
10. If construction activities related to the project result in the disturbance of more than
1 acre of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality may need to be contacted by the
applicant to determine if a Stormwater Discharge Permit is necessary. If a permit
is required by the State, the developer shall demonstrate to the City full permit
compliance.
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11. If it has not already been filed the applicant shall provide and file with the County
Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs
for the signalization of the intersection of North Rouse Avenue and Griffin Drive.
12. The applicant shall comply with all applicable code provisions, the following in
particular:
The Final Plat must be in compliance with all requirements of
Chapter 18.06 "Review Procedures for Subdivisions" including that
the final plat must be submitted within one (1) year of City
Commission approval.
Section 18.42.060.B requires all easements to be described,
dimensioned and shown on the final plat in their true and correct
location; therefore, the existing "roadway easement" in the
northwest corner of Block 2 must be shown on the final plat or
evidence provided that it has been properly abandoned prior to
final plat approval.
Section 18.42.150.C.6 requires a street light at the intersection of
Bridger Center Drive and Bridger Drive in accordance with Table
42-2. All subdivision lighting shall be operated and maintained
through the creation of a new SILD (Special Improvements Lighting
District), through the annexation to an existing SILD or through
some other equivalent means approved by the City of Bozeman.
The required street light must be installed or financially guaranteed
prior to final plat approval as noted in Section 18.74.030.B.3.
All subdivision improvements are subject to the requirements of
Chapter 18.74.
The final plat must be in compliance with all requirements of Section
18.78.070 "Final Plat," including, but not limited to the following item:
i. Section 18.78.070.C states that a Memorandum of
Understanding shall be entered into by the Weed Control
District and the subdivider for the control of county declared
noxious weeds and a copy provided to the Planning
Department prior to final plat approval.
ii. The final plat submittal shall include all required
documents, including certification from the City Engineer that
as-built drawings for public improvements were received, a
platting certificate, and all required and corrected
certificates. The final plat application shall include four (4)
signed reproducible copies on a stable base polyester film
(or equivalent); two (2) digital copies on a double-sided, high
density 3~-inch floppy disk or compact disk; and five (5)
paper prints.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting
No, none.
a)
b)
c)
d)
e)
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Preliminary plat for Oak Sprinas Subdivision - subdivide 78.05 acres Ivina alona north side of
Durston Road at Meaaher Avenue extended into 188 sinale-household lots. 115 townhouse lots and
8 two-household residential lots: with variances from Section 18.42.040.B.. to allow blocks to exceed
400 foot maximum. from Section 18.44.090.D.3.. to allow full access onto Durston Road and West
Oak Street from Yellowstone Avenue and Meaaher Avenue. and from Section 18.44.010.1.. to allow
construction of cul-de-sac at end of Skvlar Avenue: and relocation of 2.195 acres of dedicated
parkland approximatelv 800 feet west from present location and aaareQation of parkland - C&H
Enaineerina and Survevina for McDonald Land Companv and Doualas L. Smith (P-05019)
This was the time and place set for the public hearing on the preliminary plat for Oak Springs
Subdivision, as requested by C&H Engineering and Surveying for McDonald Land Company and Douglas
L. Smith under Application No. P-05019, to subdivide 78.05 acres lying in the South one-quarter of Section
3, Township 2 South, Range 5 East, Montana Principal Meridian, into 188 single-household lots, 115
townhouse lots and 8 two-household residential lots; with variances from Section 18.42.040.B. of the
Bozeman Municipal Code, to allow blocks to exceed 400 foot maximum, from Section 18.44.090.D.3., to
allow full access onto Durston Road and West Oak Street from Yellowstone Avenue and Meagher Avenue,
and from Section 18.44.010.1., to allow construction of cul-de-sac at end of Skylar Avenue; and relocation
of 2.195 acres of dedicated parkland approximately 800 feet west from present location and aggregation
of parkland. The subject property is more commonly located along north side of Durston Road at Meagher
Avenue extended.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report on behalf of Senior Planner Dave Skelton.
He gave an overview of the proposed subdivision, under which a variety of residential lots are to be created
within a combination of "R-2" and "R-3" zoning designations. He distributed a packet that included a map
depicting the various types of residential uses within the subdivision and a detail of the proposed park
improvements.
The Planning Director 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. He noted that, in light of those
findings, staff has forwarded a recommendation for approval, subject to 16 conditions. Following its review
at the June 21 meeting, the Planning Board also forwarded its recommendation for approval with an
additional condition requiring a notation on the plat.
Planning Director Epple characterized this project as embodying more new urbanism concepts than
any other to date, including the centrally located park, modular lots and a variety of housing types.
Mr. Mike Stewart, representing applicant, reminded the Commissioners that this plan was submitted
as a pre-application. He noted that they took the comments received during that review and developed the
plan now before the Commission, which is the fifth version of the plan and the one he believes is the best.
He indicated that, through land exchanges, the applicants have been able to aggregate the parkland and
provide a large park along the western boundary, essentially in the center of the subdivision; and this will
allow for additional parkland to be provided by the adjacent development, further enhancing the open space.
Mr. Stewart turned his attention to the street configuration, noting that east/west street extensions
include Annie Street and Dylan Lane and north/south street extensions include Meagher Avenue and
Yellowstone Avenue. He indicated that the streets are laid out on as much of a grid system as possible.
Mr. Stewart noted that 311 dwelling units, in a combination of single-family detached and multi-family
units, are to be constructed. He stated that modular lots are being created and will be sold in combinations
of two, three, or four depending on the attached number of units to be constructed. He stressed that,
through restrictive covenants, these lots cannot be sold for single-family detached homes. In addition, 35
restricted size lots are being provided for affordable housing, with those lots scattered throughout the
subdivision. He then noted that 1 O~ acres of parkland and 6 acres of stream corridor are being provided.
He drew attention to the detail map of the park, noting the applicant has agreed to install the improvements
on the east side of the park. He indicated that the network of trails through the parkland will provide
connections to adjacent properties.
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Mr. Stewart noted that architectural guidelines and landscape guidelines will be developed to ensure
quality development throughout the subdivision. Those guidelines will be tailored to each of the specific
types of lots
No public comment was received on this proposed subdivision.
Responding to Commissioner Youngman, Mr. Stewart noted that no sidewalk is proposed along the
western boundary of the park because that is the western edge of the property and no street is being
constructed at this time.
Commissioner Youngman turned her attention to the high groundwater within a portion of this site,
as evidenced by the type of vegetation and the data from the wells that shows groundwater depths ranging
from 112 feet to 4 feet during December and January, the lowest groundwater months. She voiced concern
about the lack of data from the high groundwater months and suggested that a condition be added to require
that the data be provided to the Commission as it becomes available.
Mr. Mike Stewart responded that the high groundwater is found in a narrow strip, roughly 30 to 40
feet wide, extending quite a distance through the property. He indicated that that area is to be filled, so the
groundwater level will be more consistent with that found on the remainder of the site. He also noted that
fill will likely be needed along the north edge of the site, since West Oak Street will be slightly elevated
because of the location of the sewer beneath it. He stressed that the fill will be no greater than necessary
and that it will be tapered to provide a match to adjacent parcels. He assured the Commission that the
homes will be constructed on a typical elevation, not on an elevated format that results in excessive height.
Further responding to questions from Commissioner Youngman, Mr. Stewart indicated that clay
dams will be installed along the water and sewer lines to keep them from acting like giant french drains,
transferring groundwater to downstream properties.
Responding to Commissioner Krauss, Mr. Stewart confirmed that the trail along Cherry Bark Street
is to be continuous, and noted that the break in the trail is an inadvertent error.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary
plat for Oak Springs Subdivision, as requested by C&H Engineering and Surveying for McDonald Land
Company and Douglas L. Smith under Application No. P-05019, to subdivide 78.05 acres lying in the South
one-quarter of Section 3, Township 2 South. Range 5 East. Montana Principal Meridian, into 188 single-
household lots, 115 townhouse lots and 8 two-household residential lots; with variances from Section
18.42.040.8. of the Bozeman Municipal Code, to allow blocks to exceed 400 foot maximum, from Section
18.44.090.D.3.. to allow full access onto Durston Road and West Oak Street from Yellowstone Avenue and
Meagher Avenue, and from Section 18.44.010.1., to allow construction of cul-de-sac at end of Skylar
Avenue; and relocation of 2.195 acres of dedicated parkland approximately 800 feet west from present
location and aggregation of parkland, be approved subject to the following conditions:
1. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer, and the public street, prepared bya 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.
2. All infrastructure improvements including 1 ) water and sewer main extensions, and
2) pUblic streets, curb/gutter, sidewalks fronting parks. open space, rear yard
frontages or other non-lot frontages, and related storm drainage infrastructure
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improvements shall be financially guaranteed or constructed prior to final plat
approval.
City standard residential sidewalks shall be constructed on all public street frontages
of a property prior to occupancy of any structure on the property. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owner
who has not constructed said sidewalk shall, without further notice, construct within
30 days said sidewalk for their lot(s), regardless of whether other improvements
have been made upon the lot. This condition shall be included on the plat and in the
covenants for the subdivision.
3. One-half of West 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 at
Harvest Creek to the western boundary of the subdivision.
4. The north half of Durston Road shall be improved to the typical section being used
on the City SID project along the entire frontage of the subdivision including tapers
back to existing asphalt on the east and west end meeting AASHTO standards. All
of the improvements to Durston Road shall be completed with Phase IV of the
subdivision.
5. Building permits shall only be issued for the first two phases of the subdivision until
such time as Durston Road is improved from North 19th Avenue to Fowler Avenue.
6. A temporary turnaround shall be installed at the west end of Dylan Lane.
7. Prior to commencement of phase three, sewer flow monitoring shall be performed
to determine if the relief sewer main (N2) needs to be constructed. If it is
determined that it is needed at that time, it shall be constructed and accepted prior
to issuance of building permits for that phase.
8. The Traffic ImpactAnalysis prepared for the project shall be reviewed and approved
by MDT. 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.
9. The sidewalks adjacent to Oak and Durston shall be 6 feet wide, and shall be
installed at the time the street improvements are done.
10. This property is part of all three Valley West payback districts. Paybacks will be due
with each phase of the subdivision.
11. That the subdivision exemption for relocation of a common boundary between the
adjoining landowner, Douglas L. Smith, and McDonald Land Company be executed
at the Gallatin County Clerk and Recorder's Office prior to submitting for final plat
review and approval.
12. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final
platreview and approval. 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-lieu
of water rights based on an amount determined by the Director of Public Service.
13. Dedication of the public parkland will be with the first phase of the major subdivision.
14. That portion of the public park that is not part of the McDonald Annexation will need
to be annexed into the corporate limits of the City of Bozeman (i.e., annexation of
Doug Smith property).
15. A 1-foot-wide "No Access" strip shall be shown on the plat along the entire frontage
of West Oak Street and Durston Road.
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16. PRVs shall be installed at all connections to the existing water system on the south
end of the subdivision.
17. That the final plat contain the fOllowing notation that is readily visible with lettering,
at a minimum height of 1/8-inch, placing future landowners of individual lots on
notice of the presence of high groundwater in the area:
"Due to the potential of high ground water tables in the area of the
subdivision, it is not recommended that residential dwellings with full
or partial basements be constructed without first consulting a
professional engineer licensed in the State of Montana and qualified
in the certification of residential and commercial construction."
18. The applicant shall continue groundwater monitoring and shall provide data from the
highest groundwater testing period for Commission.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss,
Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting
No, none.
Zone Map Amendment - amend zonina from "R-S", Residential-Suburban. to "R-O". Residential-
Office. on 11.53 acres Ivina alona the west side of HaGGertv Lane. south of its intersection with Ellis
Street - Farmhouse Partners for Bozeman Deaconess Hospital (Z-05080l
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Farmhouse Partners for Bozeman Deaconess Hospital under Application No. Z-05080, to amend the zoning
from "R-S", Residential-Suburban, to "R-O" , Residential-Office, on 11.53 acres described as Tract 3,
Certificate of Survey No. 2047; and Tract 1 A-1 , Minor Subdivision No. 1628. The subject property lies along
the west side of Haggerty Lane, south of its intersection with Ellis Street.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report for Associate Planner Jody Sanford. He
noted the subject parcel is a portion of the Bozeman Deaconess Hospital property and is located adjacent
to the Comstock Apartments along the southwest side of Haggerty Lane. He stated that under this
application, the subject 11.53-acre parcel is to be rezoned from "R-S", Residential-Suburban, to "R-O" ,
Residential-Office, to allow for the development of mental health professional services, offices and living
facilities in a mixed use setting. The proximity of this site to the Bozeman Deaconess Hospital lends itself
well to this type of use.
The Planning Director 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 the standard conditions. He noted that the Zoning
Commission reviewed this application at its June 21 meeting, at which time members questioned the lack
of a master plan for the balance of the hospital property. After determining that the master plan may be
more appropriately considered in conjunction with a specific proposal for development, the Zoning
Commission concurred in staff's recommendation.
Mr. Dab Dabney, Farmhouse Partners, stated the proposal is to subdivide the subject 11.53-acre
parcel into two equal parcels, with half of the acreage being used for the mental health facility, which is a
greatly needed facility in the community, and the other half being used for roughly 33 to 35 single-family
detached small homes to be sold for $150,000 to $200,000. He then stated that, as the owner of the 86-unit
apartment complex adjacent to this site, and he wishes to make sure what happens on this site is in keeping
with his high-quality apartment project. He is comfortable with the Western Mental Health facility on the
adjacent parcel, noting it will be a well done project and well run.
No one was present to speak in opposition to the requested zone map amendment.
07 -05-05
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Responding to Commissioner Kirchhoff, Mr. Phil Sparks stated that discussions regarding master
planning for the larger hospital site are ongoing. The plan submitted in 1996 provided for residential, light
commercial, and health care facilities; and this proposal is consistent with that. He noted that the hospital
has had discussions with Western Mental Health for a couple of years and supports this application. He
concluded by stating the hospital hopes to have a master plan for the entire property completed in the next
twelve to eighteen months and will share that document when it is completed.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Zone
Map Amendment requested by Farmhouse Partners for Bozeman Deaconess Hospital under Application
No. Z-05080, to amend the zoning from "R-S", Residential-Suburban, to "R-O", Residential-Office, on 11.53
acres described as Tract 3, Certificate of Survey No. 2047; and Tract 1A-1, Minor Subdivision No. 162B,
subject to the following conditions:
1. The applicant shall submit, within thirty (30) days of approval by the City
Commission, a 24- by 36-inch mylar zone map titled "East Meadow Zone Map
Amendment," an 8~- by 11-inch or 8~- by 14-inch paper map and a digital copy to
the Planning Department containing the metes and bounds legal description, total
acreage, and adjoining rights-of-way and/or street access easements, acceptable
to the Director of Public Service.
2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and a map of the area to be re-
zoned, which will be utilized in the preparation of the ordinance to officially amend
the City of Bozeman Zoning Map
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No,
none.
Conditional Use Permit to amend previouslv approved Planned Unit Development - amend West
Winds Subdivision Planned Unit Development to delete Condition No. 27. pertainina to affordable
housina and assisted livina. and amend Condition No. 31. pertainina to parkland dedication - HKM
Enaineerina for Cascade Development (161.3 acres aenerallv bounded bv West Oak Street. North
27th Avenue. Baxter Lane and Fowler Avenue) (Z-04050A)
This was the time and place set for the public hearing on the Conditional Use Permit to amend the
previously-approved West Winds Subdivision Planned Unit Development, as requested by HKM
Engineering for Cascade Development under Application No. Z-04050A, to delete Condition No. 27, which
states "The Section 42 Affordable Housing and the Assistant Living, as depicted in the plan, shall remain
in the PUD plan" and the amend Condition No. 31, to read "The City of Bozeman will accept the 11-percent
calculation for parkland dedication for the affordable Gectior, -42 housing lots as long as it includes some
very low income housing." The subject property is described as the Northwest one-quarter of Section 2,
Township 2 South, Range 5 East, and is bounded by West Oak Street, North 27th Avenue, Baxter Lane,
and Fowler Avenue.
Public hearing
Mayor Cetraro opened the public hearing.
Associate Planner Jami Morris presented the staff report. She reminded the Commissioners that
when they reviewed the original application last fall, an affordable housing project was included, and that
project was counted toward the points for the planned unit development. The applicant is now requesting
that the conditions of approval be amended to allow for the provision of that affordable housing by an
alternative developer rather than the applicant. She reviewed the applicant's request for revisions to the
conditions, noting that they include deleting Condition No. 27, amending Condition No. 31, and adding five
07 -05-05
-15-
new conditions. She noted that staff has carefully considered each of those proposed conditions and has
identified disagreement with some of those conditions. She reviewed the staff findings on each of the
proposed conditions and concluded by highlighting the additional condition recommended by staff. The new
conditions, as requested by the applicant and staff are as follows:
1. At the time of final plat a deed restriction shall be placed on the "affordable housing
parcel" as identified in the Final PUD Plan that restricts the use of the parcel to
affordable housing only, as defined by the City of Bozeman, CAHAB, and HRDC.
The deed restriction shall indicate that the parcel will always be limited to use as an
affordable housing project.
2. The sale price for the affordable parcel shall be limited to 45% of the appraised
value, based on comparable multi-family parcels in Bozeman.
3. The PUD performance points shall be based on supplying a parcel of land capable
of carrying the required density under (18.36.090.E.(7.)(a.), to meet the twenty (20)
PUD performance points. However, the actual development density of the
affordable housing parcel may vary dependant upon the type of affordable housing
that is needed in the community as determined by the City of Bozeman, CAHAB,
and HRDC.
4. Prior to filing the final plat for last phases of the West Winds PUD, the affordable
housing parcel shall be 100% built-out based on the affordable housing determined
by City of Bozeman, CAHAB, and HRDC for the parcel. In the event that 100% of
the affordable housing units are not built prior to the filing of the final plat for the last
phase of the PUD, the developer shall pay cash-in-lieu for additional open space
(18.36.090.E.(7 .)(b.), to meetthe required PUD performance points. The affordable
housing parcel shall remain deed restricted and price restricted for affordable
housing only.
5. In the event that the Assisted Living, as depicted in the plan, is not constructed in
whole or part, the effected area shall be developed consistent with SW Residential
Alternative as depicted in Figure 1.2.A of the plan and the parkland shall be
recalculated based on the additional dwelling units. Additional parkland shall be
provided either in the form of on or off-site dedicated parkland or as cash-in-lieu of
parkland as determined appropriate by the City Commission.
6. Prior to Final PUD Plan approval the developer shall provide written evidence of a
good faith agreement for the development of the "affordable housing parcel".
Mr. John Dunlap, applicant, stated the revisions to the conditions are being requested to eliminate
the reference to the provisions of affordable Section 42 housing lots due, in part, to the fact that it can take
up to three years to get those monies for a project. He noted the staff has pointed out that under the unified
development ordinance, a prorata of constructed units in each phase must be affordable and, under this
language, construction in Phase III cannot be started until the prorata number of units in Phase II has been
provided. He indicated that the conditions he has proposed were his attempt to find a way to offer
affordable housing while meeting the required points for a planned unit development.
Responding to Commissioner Krauss, Mr. Dunlap stated that the proposed deed restriction would
provide the assurance that the affordable housing would be provided but would allow him the flexibility he
desires in developing the overall site. He noted that once the restriction is in place, he can sell the parcel
where the affordable housing is to be provided and allow that developer to complete the project. He then
indicated that under Option B, there would be fewer units than originally anticipated, thus triggering a
requirement for less parkland than is being provided.
Further responding to Commissioner Krauss, Mr. Dunlap stated that a 29-acre campus is being
provided for the senior assisted living facility, and approximately 150 units are to be constructed on that
parcel.
Mr. Clint Litle, HKM Engineering, highlighted the reasons for proposing each of the five conditions
and then addressed the condition recommended by staff. He questioned what type of document the staff
07 -05-05
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is seeking under No.6 and expressed concern that, the way the conditions are written, his client's fate is
in the hands of another developer because he does not personally do affordable housing projects.
Ms. Caren ROberty, HRDC, stated she has been talking to Mr. Dunlap and applauds his desire to
provide affordable housing within his subdivision to get his required planned unit development points. She
agrees that reference to Section 42 needs to be removed. She noted that affordable housing meeting
community needs can be provided in a variety of ways, and reference to Section 42 limits that flexibility.
She aCknowledged that the HRDC and Community Affordable Housing Advisory Board do have some
concerns about the proposal to implement a price cap and the number of units projected for the property.
She concluded by asking that the Commission not take action on the requested modification at this meeting,
but that the decision be delayed to give HRDC an opportunity to work with the applicant on an offer to
purchase the property.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Responding to Commissioner Kirchhoff, Associate Planner Morris stated there is no time limit for
Commission action on this application, since it is a zoning application. She then indicated that the applicant
has asked for expedited review on the affordable housing portion of the project.
Commissioner Krauss expressed his support for deleting reference to Section 42. He then stated
that. if the last line in new Condition No.4 is deleted, it is important that Condition no. 6 be retained. He
noted his interests are ensuring that the 20 points for the planned unit development are met and that the
parkland requirement is met.
Responding to Commissioner Krauss, Associate Planner Jami Morris stated that when staff did the
original calculations for parkland requirements, skilled nursing units were not being considered. She then
noted that, with townhouse lots, more parkland may be required or a density cap can be added to require
that the number of residential units be based on the parkland provided. She noted that it is important to
make that determination at this time so that building permits can be issued.
Responding to Commissioner Krauss, Associate Planner Morris stated that any affordable housing
developer will stress that only a certain amount can be paid for land when providing affordable units. She
indicated that the proposed 45-percent cap will ensure that those affordable units are provided.
Commissioner Youngman suggested that the Commission act on staff recommendations at this
time, noting that the HRDC will still have time to negotiate with the developer.
Responding to Commissioner Kirchhoff, Associate Planner Morris stated that the applicant is
seeking modifications to the conditions of approval to provide flexibility in development and an opportunity
to construct a project that responds to the market at that time.
Responding to Commissioner Krauss, Caren Roberty stated that the CAHAB provides market data
and identifies community needs, but serves in an advisory capacity only.
Responding to Commissioner Krauss, Mr. John Dunlap requested that the greatest amount of
flexibility possible be provided rather than trying to define strict parameters for development of the affordable
housing portion of the project. He cautioned that limiting flexibility could be result in problems meeting the
required number of points on a portion of the project over which he has no control.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the Conditional
Use Permit to amend the previously-approved West Winds Subdivision Planned Unit Development, as
requested by HKM Engineering for Cascade Development under Application No. Z-04050A, be approved
by adding and amending specifiC conditions as follows:
27. The Cectiorl-42 Affordable I lousing and the Assistal,t Li vir,g, .!3 depict!:d in the plan,
shall remain in the rUD plan.
31. The City of Bozeman will accept the 11 % calculation for parkland dedication for the
affordable Cectior, -42 housing lots so long as it includes some very low income
07-05-05
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housing. In the event the affordable housing units are not built prior to the
filing of the final plat for the last phase of the PUD and the parcel develops as
a standard multi-family project then the developer shall pay cash-in-Iieu for
additional open space (18.36.090.E.(7.)(b.), to meet the required PUD
performance points and the balance of the parkland (from the 11 % rate to 0.03
acres per dwelling unit) shall also be provided either in the form of on or off-
site dedicated parkland or as cash-in-lieu of parkland as determined
appropriate by the City Commission.
35. At the time of final plat a deed restriction shall be placed on the "affordable
housing parcel"as identified in the final PUD plan that restricts the use of the
parcel to affordable housing only, as defined by the City of Bozeman, with
input from the, CAHAB. The deed restriction shall indicate that the parcel will
always be limited to use as an affordable housing project.
36. Calculations and an exhibit shall be submitted prior to final PUD approval that
guarantees there is adequate space on the affordable housing lot to meet the
minimum lot area requirements for the zoning district and fulfill the 20 Planned
Unit Development performance points.
37. Prior to filing the final plat for last phases of the West Winds PUD, the
affordable housing parcel shall be 100% built-out based on the affordable
housing determined by City of Bozeman, CAHAB, and HRDC for the parcel. In
the event that 100% of the affordable housing units are not built prior to the
filing of the final plat for the last phase of the PUD, the developer shall pay
cash-in-Iieu for additional open space (18.36.090.E.(7 .)(b.), to meet the required
PUD performance points. The affordable housing parcel shall remain deed
restricted and price restricted for affordable housing only.
38 In the event that the Assisted Living, as depicted in the plan, is not
constructed in whole or part, the effected area shall be developed consistent
with SW Residential Alternative as depicted in Figure 1.2.A of the plan and the
parkland shall be recalculated based on the additional dwelling units.
Additional parkland shall be provided either in the form of on or off-site
dedicated parkland or as cash-in-Iieu of parkland as determined appropriate
by the City Commission.
39. Prior to Final PUD Plan approval the developer shall provide written evidence
of a good faith agreement for the development of the "affordable housing
parcel"
The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Krauss, Commissioner Youngman, Commissioner Hietala, and Mayor Cetraro; those voting
No, none.
Preliminary plat for Creekwood Subdivision - subdivide 37.66 acres located at 2215 Bridaer Drive into
53 sinale-household lots - Gaston Enaineerina & Surveyina for Snowload LLC (P-05016)
This was the time and place set for the public hearing on the preliminary plat for Creekwood
Subdivision, as requested by Gaston Engineering & Surveying for Snowload, LLC, under Application No.
P-05016, to subdivide 37.66 acres located in the East one-half, Southeast one-quarter, Section 32,
Township 1 South, Range 6 East, Montana Principal Meridian, into 53 single-household lots. The subject
property is located along the north side of Bridger Drive, approximately one mile east of its intersection with
Story Mill Road, and is known as 2215 Bridger Drive.
Public hearing
Mayor Cetraro opened the publiC hearing.
07 -05-05
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Associate Planner Jami Morris presented the staff report. She stated that this subdivision plat is
being reviewed concurrently with the planned unit development, which is the subject of the next public
hearing. She noted that a majority of the subject property is zoned "RS", with five acres being zoned "R-1",
and the entire parcel is to be developed under a planned unit development. She highlighted the relaxations
being sought, including a requested density bonus to allow a total of 53 dwelling units on the "RS" zoned
portion of the site, relaxations to the block lengths and block widths, allowing the park to have a street
frontage of less than 50 percent, and stated that these relaxations are a part of the planned unit
development process. She noted that Bridger Creek runs through the northern portion of the property, and
the parkland is adjacent to the creek with several spur trails throughout. She indicated that two parking
areas are proposed, to provide for access to the park and trail system.
The Associate Planner stated that staff has reviewed this application based on the applicable criteria
set forth in the Bozeman Municipal Code, 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 several
conditions. As a result of the Planning Board's review and findings, the applicant has modified the plan,
relocating the parking lot so it lies outside the floodplain boundary. The Planner noted the kiosk, trail, picnic
shelter, and sidewalk can remain within the setback.
The Associate Planner concluded by noting the applicant has proposed an alternative to looping of
the water main which requires a further relaxation; however, that relaxation is to be considered at a future
date since it was raised after this application had been advertised and was being processed.
Mr. Sean Shahan, applicant, stated that they have incorporated neighborhood comments and
concerns into the design for this subdivision and development and have worked with the city staff and
advisory boards in both informal and formal meetings. He noted their intent is to create a truly pedestrian-
friendly subdivision that helps residents of this subdivision and adjacent subdivisions to access the golf
course via a trail system. He noted that under this proposal, the creek and riparian area are protected while
providing for public access to these amenities. He concluded by voicing his concurrence with the staff
report and a willingness to respond to questions.
Ms. Kathy Campbell, 2205 Bridger Drive, submitted a letter, stating she is in support of the current
plan. She noted they are the only neighbors immediately adjacent to the subject property, and she
appreciates the concern the applicant has shown in the use of this land as well as their concerns for privacy.
She finds the current layout, which includes curved streets, is preferable to a grid system and provides a
nice transition from Bridger Canyon into Bozeman. She also prefers having public access to the parkland
and trail system funneled through a couple parking lots, thus minimizing impacts on the existing neighbors.
She asked that the proposed alley in the Legends Subdivision not be extended along the eastern boundary
of their property. She then concluded by expressing concern about the current speeds on Bridger Drive and
asking that the City do whatever it can to have a reasonable speed limit established and enforced.
No one was present to speak in opposition to the proposed subdivision.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Commissioner Krauss stated that, while he would prefer a design under which there was public right-
of-way along the park and pUblic open space, he will support this subdivision as proposed.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the preliminary
plat for Creekwood Subdivision, as requested by Gaston Engineering & Surveying for Snowload LLC under
Application No. P-05016, to subdivide 37 .66 acres located in the East one-half, Southeast one-quarter,
Section 32, Township 1 South, Range 6 East, Montana Principal Meridian, into 53 single-household lots,
be approved subject to the following conditions:
1 . The watercourse, wetlands and watercourse setback shall be identified as "common
open space" on the final plat and shall not be dedicated to the City. The applicant
shall provide a public access easement for all "common open space"areas.
07-05-05
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2. The signed annexation agreement and associated maps shall be submitted to the
City Planning Office prior to submittal of the plans and specifications or final PUD
plan approval, whichever occurs first.
3. 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 groundwater conditions full or partial
basements are not recommended.
4. The City shall be party to any proposed modifications to the approved Covenants
and Development Guidelines.
5. Construction plans shall be reviewed and approved by the HOA Architectural
Committee prior to submitting a building permit application. The plans shall include
a stamp of approval from the Architectural Committee prior to City review. This
language shall be incorporated into the covenants for the subdivision.
6. The detention pondS located in the park and open space areas shall be moved away
from the parking lot and the trails.
7. The covenants shall specify that no dumping of waste or unused products is
permitted within the boulevard strips.
8. The covenants shall specify that driving on any area to be landscaped should be
kept to a minimum. Plywood (or other weight bearing material> of sufficient
thickness should be used under vehicles and equipment that will be operating on
ground that will planted on later. This is to avoid soil compaction, thus giving the
landscape a more beneficial environment in which to grow.
9. The subdivision shall comply with the approved Planned Unit Development.
10. The final plat shall include an updated landscape plan that meets the minimum
landscape standards set forth in the UDO and provides additional landscaping along
the multi-use path as a buffer from Highway 86.
11 . A fence shall be constructed along the property line on the north side of Bridger
Creek to protect the agricultural interests of the adjacent landowner.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting
No, none.
Conditional Use Permit for Creekwood Planned Unit Development - allow development of 37.66 acres
located at 2215 Bridaer Drive. with relaxations from Section 18, 16.040.B., to allow 30-percent density
bonus. from Section 18.42.040.B.. to allow block lenaths to exceed 400 feet: from Section
18.42.040.C.. to allow block widths less than 200 feet: and from Section 18.50.060 to allow dedicated
parkland to have less than 50 percent perimeter street frontaae - Gaston Enaineerina & Survevina
for Snowload LLC (Z-05085l
This was the time and place set for the pUblic hearing on the Conditional Use Permit for Creekwood
Planned Unit Development, as requested by Gaston Engineering & Surveying for Snowload, LLC, under
Application No. 2-05085, to allow development of 37.66 acres, located in the East one-half, Southeast one-
quarter, Section 32, Township 1 South, Range 6 East, Montana Principal Meridian, with relaxations from
Section 18.16.040.8. of the Bozeman Municipal Code, to allow a 30-percent density bonus, from Section
18.42.040.B., to allow block lengths to exceed 400 feet; from Section 18.42.040.C., to allow block widths
less than 200 feet; and from Section 18.50.060 to allow dedicated parkland to have less than 50 percent
perimeter street frontage. The subject property is located along the north side of Bridger Drive,
approximately one mile east of its intersection with Story Mill Road, and is known as 2215 Bridger Drive.
07 -05-05
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Public hearing
Mayor Cetraro opened the pUblic hearing.
Associate Planner Jami Morris stated the staff report presented under the previous agenda item
pertains to this item as well. She then noted that the Zoning Commission concurred in staff's
recommendation for approval, subject to several conditions.
Mr. Sean Shahan, applicant, indicated that his previous comments pertain to this item as well.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Conditional
Use Permit for Creekwood Planned Unit Development, as requested by Gaston Engineering & Surveying
for Snowload, LLC, under Application No. Z-05085, to allow development of 37.66 acres, located in the East
one-half, Southeast one-quarter, Section 32, Township 1 South, Range 6 East, Montana Principal Meridian,
with relaxations from Section 18.16.040.B of the Bozeman Municipal Code, to allow a 30-percent density
bonus, from Section 18.42.040.B, to allow block lengths to exceed 400 feet; from Section 18.42.040.C, to
allow block widths less than 200 feet; and from Section 18.50.060 to allow dedicated parkland to have less
than 50 percent perimeter street frontage, be approved subject to the following conditions:
1. In exchange for the requested density bonus the property owner shall ensure
compliance with Section 18.36.090.E for development of the three affordable lots
noted on the plan.
2. A comprehensive sign plan for the subdivision shall be provided with the final PUD
plan. There should be a general theme to the style of signs permitted within the
PUD and shall include information regarding the materials, colors and illumination.
3. The covenants shall be modified to indicate that privacy screening shall not exceed
6 feet in height.
4. The yard lights noted in the submittal shall be removed from the plan since adequate
lighting will be provided with the required street lights.
5. The City shall be party to any proposed modifications to the approved Covenants
and Development Guidelines.
6. The final PUD plan shall address the means by which the affordable housing will be
provided to mitigate the proposed density bonus, agreeable to the City of Bozeman
and the CAHAB. At a minimum, the method of donation shall be proportionately
dispersed with the number of building permits released and the units shall be deed
restricted with the City listed as party to the restriction.
The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Krauss,
Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting
No, none.
Review of application for loan from the CDBG Economic Development Revolvina Loan Fund -
BioScience Laboratories
Included in the Commissioners' packets was a memo forwarding the CDBG Economic Development
Loan Review Committee's recommendation on the request from BioScience Laboratories for a $100,000
loan for operating funds.
Ms. Tracey Jette, Gallatin Development Corporation, stated that in December 2004, the CDBG
Economic Development Loan Review Committee considered the original application and forwarded an
unfavorable recommendation. The applicant has since made some revisions to the application, including
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lowering of the amount requested to $100,000. She indicated that, if the Commission wishes to approve
the application, the Committee has included four provisions to be included.
Ms. Marsha Poulsen, co-owner of BioScience Laboratories, noted that in 1997, the CDBG Economic
Development Loan Review Committee did not recommend award of the loan; however, the Commission
took a chance on BioScience Laboratories and approved the loan. The company sUbsequently created 11
full-time positions paying above average wages and paid back the monies in December 2004 as agreed
upon. She noted the company lost three employees to other companies in Bozeman at the beginning of
2005, and they have not yet been replaced. She stated that in 1997, the budget was approximately
$800,000 a year, with wages being $250,000. The budget for the first six months of this year is in excess
of $1.2 million, with wages comprising approximately 53 percent. Since January 1998, she noted the
company has brought in over $13 million from out of state, and 70 percent of those revenues remain in
Montana. She stated that test subjects have been paid over $1 million in the last six years.
Ms. Poulsen stated that the company occupies the lower level of the Medical Arts Building and has
been in business since 1991. She stressed that they continue to meet payroll and other bills and to attract
new customers. If this loan is approved, she stated they will be able to hire and train five additional people
and, further, to double their operation over the next two to five years, and to purchase technology to
increase productivity.
Mr. John Dyba, Senior Account Executive, noted that many of his relatives have struggled to stay
in Montana, and he has been privileged to work for this company. He stated the owners run the company
well from an employee standpoint, doing their best to meet the employees' needs. The owners have also
worked to establish relationships with other businesses and have put money into testing programs. He
stated the company is now at a point where it needs additional resources to hire and train employees to do
specific tasks.
Mr. John Mitchell, Director of Assurance, noted that BioScience Laboratories did what it said it would
with the previous loan from the City. He stated that this loan will provide an opportunity for the company
to grow and to make it more stable through the highs and lows.
Ms. Dee Field, 1670 Harper Puckett Road, stated she has known the owners for over twenty years,
having worked from Dr. Poulsen at Skyland Scientific. She noted that, as a businessman, Dr. Poulsen
struggled financially for a number of years and has brought in financial partners and a board to assist with
that portion of the operation. As a result, the company has come a long way in the last two years, and now
has above average employees with above average salaries. She encouraged the Commission to approve
this loan to allow the company to take the next step.
Mr. Kyle McGovern, Account Executive, stated his primary responsibility is to seek new business,
and he is finding that many people know the company and know Dr. Poulsen. He noted that many
companies want to do business with them; the problem is getting the equipment and having the ability to
support their needs. He stated that this loan will help to purchase the equipment and new technologies to
meet the needs of existing customers and attract new customers as well as generate new jobs.
Dr. Daryl Poulsen stressed that the work BioScience Laboratories is doing is not funded by grants.
He stated that he wants to contribute something positive to the community and to maintain his business
here. He noted that started with clinical testing of surgical products and is now doing work that is far more
sophisticated and includes actual clinical trials in hospitals. He concluded by stating he tries to hire from
within the state and asked that the City approve this loan to allow him to continue doing so.
Ms. Marsha Poulsen noted that BioScience Laboratories helped develop the Purell hand sanitizer
that is now being sold in many retail stores.
Responding to Commissioner Krauss, Ms. Poulsen stated that the equipment they are interested
in purChasing can be acquired in increments and will proVide a new way to do things.
Commissioner Youngman noted that she was serving on the Commission when the previous loan
was approved, and supports approving this loan as well.
07 -05-05
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It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Commission approve the application submitted by BioScience Laboratories for a $100,000 loan from the
CDBG Economic Development Revolving Loan Fund, subject to the folloWing conditions:
1. $100,000 loan advanced in quarterly installments of $25,000. Advance requests are
to be approved by the CDBG Economic Development Loan Review Committee and
will be made in writing 15 days in advance. Current financial statements will be
submitted with the request.
2. The loan shall be for a term of five years at a 6.00 percent interest rate. Monthly
payments will be amortized on the outstanding principal balance of the loan.
3. Personal guarantees shall be provided by stockholders of 10 percent or more of the
corporation stock.
4. The City shall be listed in second lien position on all business assets.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting
No, none.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Letter from Jerry Nielsen, 3800 Sourdough Road, in support of the Town and Country
proposal for the corner of Kagy Boulevard and South Third Avenue.
(2) Notice of special meeting for the informal breakfast meeting with the County Commissioners
at 7:00 a.m. on Friday, July 8, at the Holiday Inn.
(3) Updated listing of planning projects to be considered at upcoming meetings, dated July 5.
Acting City Manager Ron Brey noted the list shows a heavy meeting schedule for the next several
weeks and stated that additional items have been scheduled, including a hearing on an annexation to the
MSU parking district and the process for creation of two tax increment financing districts.
(4) Memo forwarding the next round of proposed revisions to the unified development ordinance.
(5) Agendas for the County Commission meeting held at 9:00 a.m. on Tuesday, July 5, and the
meeting to be held at 1 :30 p.m. on Wednesday, July 6, at the Courthouse.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, July 6, in the Commission Room.
(7) Agenda for the Zoning Commission meeting to be held at 7:00 p.m., on Wednesday, July
6, in the Commission Room and notice that the Planning Board meeting has been cancelled due to the lack
of agenda items.
(8) Agenda for the Gallatin Local Water Quality District Board meeting to be held at 8:15 a.m.
on Thursday, July 7, at the Courthouse.
(9) Acting City Manager Brey announced that he met with Senator Max Baucus today regarding
funding for the intermodal transportation system, and came away with an optimism that resolution of the
transportation bill is near and that funding for the garage will remain in it.
Commissioner Youngman noted that she also attended the meeting with Senator Baucus and was
pleased to see the Acting City Manager insert pearls of information about the project into the conversation
as opportunities presented themselves.
07 -05-05
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(10) Commissioner Youngman requested that the Commissioners be given a copy of the ratings
so they can consistently complete the performance evaluations for the Clerk.
(11) Responding to Commissioner Youngman, the Clerk indicated that appointments to the
various boards and commissions will be placed on the July 18 agenda.
(12) Commissioner Krauss reported that the Montana Public Power Authority (MPPA) did make
a serious offer for purchase of NorthWestern Energy, despite the president's comments reported in the
newspaper. He indicated that the MPPA has a guaranteed bridge loan from CitiCorp, if needed, to close
the deal.
(13) Commissioner Youngman reported that she attended the Montana League of Cities and
Towns board meeting last week. She noted the League office is seeking input on topics for the convention
and indicated she will distribute the list for Commissioner comment and input.
(14) Commissioner Kirchhoff reported on a conversation he had with a councilman from another
community where a real estate transfer tax generates revenues for acquiring large tracts of land for open
space and parks. He suggested that a similar fee, under which lower end homes are exempted, could
generate monies for the City to support a specific program such as parks and trails, and recognized that
legislation would be required to allow that opportunity.
(15) Acting City Manager Ron Brey noted the recommendation from the library lands task force
will be placed on next week's agenda. He stated the Commission can segregate out the Soroptimist Park
proposal if it so chooses or can address the issue when disposition of the property is considered. He then
indicated an appraiser is scheduled to begin his appraisal of the property on July 18.
Adiournment - 9:32 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being~ ;0. mmissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman,~d r, ilyor Cetraro; those voting No, none.
...--/J / Ib ~
r
ANDR ~W ~. CETRARO, Mayor
ATTEST:
~~fl~
R IN L. SULLIVAN
City Clerk
07-05-05