HomeMy WebLinkAbout2005-05-02 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 2, 2005
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, May 2,2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff
Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director
of Finance Anna Rosenberry, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the
Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Kukulski stated the applicant has requested that the Findings of Fact for Cattail Creek
Subdivision, Phase III, be removed from this agenda and placed on the May 16 agenda.
Minutes - March 7. March 21. ADril18 and ADri125. 2005
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the meetings of March 7, April 18 and April 25, 2005, 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 meeting of March 21, 2005, to a later date.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Item.
Ordinance No. 1634 - establishina an initial municiDal zoning desianation of "R-3" on
59.823-acre Darcel located between Durston Road and West Oak Street at
Meaaher Avenue extended: finally adopt
ORDINANCE NO. 1634
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL
ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON
59.823 ACRES SITUATED IN THE E % W % SW % and W Y:z W % E % SE % OF SECTION
3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA.
Ordinance No. 1635 - establishing initial municiDal zoning desianations of "R-1" on
12.937 acres and "R-3" on 7.187 acres in 20.12-acre Darcellyina alona east
side of StOry Mill Road at Boylan Road extended: finallY adoDt
ORDINANCE NO. 1635
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "R-1" (RESIDENTIAL SINGLE-HOUSEHOLD,
LOW DENSITY DISTRICT) ON 12.937 ACRES AND "R-3" (RESIDENTIAL MEDIUM
DENSITY DISTRICT) ON 7.187 ACRES lOCATED IN SECTIONS 32, T1S, R6E, PMM,
GALLATIN COUNTY, MONTANA.
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Commission Resolution No. 3790 - authorize City Manaaer to sian - Chanae Order No.
1 for second floor remodel of the Alfred M. Stiff Professional Building - add
$S.50S.00
COMMISSION RESOLUTION NO. 3790
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. 3792 - relatina to $3.001.000 pooled special improvement
district bonds. series 2005 (SID Nos. 675. 676. 677 and 67S), fixina form and
details and providina for execution and deliverv and security for those bonds
COMMISSION RESOLUTION NO. 3792
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO $3,001,000 POOLED SPECIAL IMPROVEMENT DISTRICT BONDS,
SERIES 2005 (SPECIAL IMPROVEMENT DISTRICT NOS. 675, 676, 677, AND 67S);
FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND
DELIVERY THEREOF AND SECURITY THEREFOR.
Commission Resolution No. 3793 - authorize City ManaQer to sian - Change Order No.
2 for second floor remodel of the Alfred M. Stiff Professional Buildina - add
$16.640.60
COMMISSION RESOLUTION NO. 3793
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.
Authorize City Manaaer to sian - Annexation Aareement with CFT. Limited. for
annexation of 0.56-acre parcel alona east side of 2311 South 7th Avenue
(railroad riaht-of-way)
Commission Resolution No. 3794 - annexina 0.56-acre parcel alona east side of 2311
South 7th Avenue (railroad right-of-way)
COMMISSION RESOLUTION NO. 3794
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.
Ordinance No. 1636 - establishina initial municipal zoning desianation of "B-P".
Business Park. on 0.56-acre parcel along east side of 2311 South 7th Avenue
(railroad right-of-way): provisionally adopt and brina back in two weeks for
final adoption
ORDINANCE NO. 1636
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "B-P" (BUSINESS PARK DISTRICT) ON 0.56
ACRES LOCATED IN SECTION 24, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA.
Authorize City Manaaer to sian - Annexation Aareement with Montana Department of
Transportation. for annexation of all MDT riahts-of-way for state highways and
other significant transportation facilities
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Commission Resolution No. 3795 - annexina aU MDT riahts-of-way for state hiahways
and other significant transportation facilities
COMMISSION RESOLUTION NO. 3795
A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA,
PROVIDING fOR THE ANNEXATION Of A CERTAIN STATE RIGHTS-Of-WAY,
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 RIGHTS-Of-WAY.
Ordinance No. 1637 - amending the zoning desianation from "R-O" to "B-2" on
0.2891:!: acres at southeast corner of intersection of West Babcock Street and
South 20th Ayenue: provisionally adopt and brina back in two weeks for final
adoption
ORDINANCE NO. 1637
AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA,
AMENDING THE BOZEMAN ZONE MAP BY AMENDING THE ZONING DESIGNATION
fROM "R-O" (RESIDENTIAL OffiCE DISTRICT) TO "B-2" (COMMUNITY BUSINESS
DISTRICT), ON APPROXIMATELY 0.2891:!: ACRES DESCRIBED AS LOT 1 AND THE
NORTH 14.0 fEET Of LOT 2, BLOCK 1, KIRK SUBDIVISION NO.4, AND LOCATED IN
THE SW y.. AND SE y.. Of SECTION 24, T2S, R5E, P.M.M., CITY Of BOZEMAN,
GALLATIN COUNTY, MONTANA.
Authorize City Manager to sign - Annexation Aareement with Shea Homes. Inc.. for
annexation of 5.6188 acres along south side of Durston Road and east side of
Cottonwood Road
Commission Resolution No. 3796 - annexina 5.6188 acres alona south side of Durston
Road and east side of Cottonwood Road
COMMISSION RESOLUTION NO. 3796
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.
Ordinance No. 1638 - establishina initial municipal zonina desianation of "R-4" on
5.6188 acres along south side of Durston Road and east side of Cottonwood
Road: provisionally adopt and brina back in two weeks for final adoption
ORDINANCE NO. 1638
AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA,
AMENDING THE CITY Of BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL
ZONING DESIGNATION Of "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT) ON 5.6188:1:
ACRES SITUATED IN THE NORTHWEST ONE-QUARTER Of SECTION 1 0, TOWNSHIP
2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE
SOUTH SIDE Of DURSTON ROAD AND EAST SIDE Of NORTH COTTONWOOD ROAD.
Commission Resolution No. 3797 - statina City's intent to amend the land use
designation from "Residential" to "Industrial" on approximately 4.68 acres and
from "Parks. ODen Space and Recreational Lands" to "Industrial" on
approximately 0.144 acres - aenerally east of North Broadway Ayenue. north
of East Lamme Street and south of front Street
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COMMISSION RESOLUTION NO. 3797
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
STATING THE CITY'S INTENT TO AMEND THE BOZEMAN 2020 COMMUNITY PLAN BY
AMENDING THE FUTURE LAND USE MAP FROM "RESIDENTIAL" TO "INDUSTRIAL"
FOR APPROXIMATELY 4.68 ACRES AND FROM "PARKS, OPEN SPACE, AND
RECREATIONAL LANDS" TO "INDUSTRIAL" FOR APPROXIMATELY 0.114 ACRES IN
THE NORTHERN PACIFIC ADDITION SUBDIVISION, IN THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
Commission Resolution No. 3798 - ratifvina sale of :1:20 acre-parcel located at 5600
Love Lane
COMMISSION RESOLUTION NO. 3798
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RATIFYING THE SALE OF 5600 LOVE LANE PROPERTY.
Authorize City Manager to sian - (1) Water Pipeline Construction and Easement
Purchase Agreement: (2) Water Pipeline and Access Easement and
Aareement: and (3) Release and Reconveyance of Easement - Robert H.
Jordan and Mardella A. Jordan - across parcel described on Film 114. Paae
4368 (for Hyalite Transmission Main proiect)
Award bid - Phase III renovations at Bozeman Senior Citizens' Center - Walker
Construction. Inc.. Bozeman. Montana - base bid and Alternate No.1 in the
total bid amount of $167 .322.00
Award bid - IBM eServer i5 (replacement) - EJH Consultina. Inc.. dba RCL Systems
Group. Billings. Montana. in the bid amount of $89.453.00
Authorize writina off of stale-dated outstanding checks. past due receivables and NSF
checks that have remained outstanding for one vear or more
Approval of Depositorv Bonds and Pledaed Securities as of March 31. 2005. as
reviewed bY Commissioner Younaman and Commissioner Kirchhoff
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; and direct staff to place the Findings of Fact for Cattail Creek Subdivision,
Phase III, on the May 16 agenda per the applicant's request. 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.
Public comment
In light of the large number of people in attendance to speak under this agenda item, City Manager
Kukulski gave a brief overview of the process through which the application submitted by Town and Country
Grocers for a new store at the intersection of South Third Avenue and Kagy Boulevard is currently being
reviewed. He noted that since this application meets code requirements, it is going through the
administrative review process; however, the Commission may, on a 4 to 1 vote, determine that it wishes to
make the decision.
PlanningDirector Andy Epple stated that the application is going through second week review before
the Development Review Committee (DRC) this week and will be subject to one more review. After the
close of the public comment period, which is three days after the last DRC meeting, he has ten days to
make an administrative decision. He noted that, if the applicant or an affected member of the public feels
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his decision was made incorrectly, that individual has a right to appeal the decision to the Commission; and,
at that point, the Commission's purview is limited to the record of the decision and not any new information.
Mr. Pierce Mullen, Vice President of the SouthEast Neighborhood Association (SENA), stated the
organization feels a project of this magnitude, particularly in a long-established neighborhood, is
inappropriate. Further, SENA feels the Commission should assume jurisdiction over the project immediately
rather than allowing it to proceed through administrative review; if it fails to do so, the City has the
opportunity to lose public support. He expressed concern that the appeal process is very narrow in focus,
and may leave litigation as the only avenue available to residents of this area, a process that is very divisive
and expensive. He stressed that SENA does not represent all of the neighborhood, just a majority of the
neighborhood.
Ms. Robbie Gammack, 2110 Spring Creek Drive, stated she is not against Town and Country
Grocers, noting it is great to have a local business doing so well. She finds that the proposed 30,000-
square-foot business is inappropriate in a neighborhood business district and would ruin the neighborhood.
She noted this business is projected to add 2,000 vehicle trips per day, and only 60 to 70 parking spaces
are being proposed. She is very concerned that the result will be cut through traffic and parking in the
neighborhood.
Mr. Sean Smith, 116 Silverwood Avenue, cited three reasons the Town and Country proposal should
not be approved: (1) it will lead to increased traffic flow, thus decreasing the safety of neighborhood
occupants; (2) it will decrease property values due to increased noise resulting from deliveries nearly 24
hours per day; and (3) it will cause the neighborhood, which is now quiet and tight knit, to lose those
qualities and then decompose.
Mr. Steve Munson, 116 Westridge Drive, stated he operates a fleet of trucks and, as a result, is
familiar with the noise they make. He noted the turning radius into the subject site will make truck access
extremely difficult. He then cited his personal experience, when he forgot something at home and drove
back to his house with this truck at 7:00 a.m., only to find people turning on their lights and looking out to
see what was going on.
Mr. Henry Shovic, 19 Hill Street, noted a sign in front of the Air Force base outside the town where
he grew up read "the price of peace is eternal vigilance." He cited his experience in his recent ride-along
with the Police Department, noting that Bozeman changes during night hours; and the officers are ever
vigilant and professional. He then turned his attention to the Town and Country proposal, characterizing
the project as clearly re-designed, but larger than the last proposal. He encouraged the Commission to be
vigilant and look at this project with a very public eye.
Mr. Ken Gallik, 15 Hill Street, noted he has resided at this location for 33 years. He asked the
Commission to assume jurisdiction over the Town and Country project. He then questioned its functionality,
with 18 sets of sliding entrance doors that will result in significant heat loss during cold weather.
Mr. Bob Wall, 222 Westridge Drive, asked the Commission to assume jurisdiction over the Town
and Country project, noting one of the proposed buildings on the preliminary drawings is 13,000 square feet,
or 2'!h times the size allowed. At the very least, he believes this project should be reviewed in a public
foru m.
Mr. Fred Traeger, 2103 Highland Court, noted the neighbors were in attendance at the meeting a
couple of years ago when the Commission voted to not approve the initial application submitted by Town
and Country Grocers. He stated this project is larger, which will result in more commercial sprawl and traffic
congestion, and asked the Commission to make the decision.
Mr. Mike Hickman, 209 Westridge Drive, stated there is no way a 35,000-square-foot store is close
to fitting the description for neighborhood retail and requested that the project be subject to public review.
Mr. Bob Flaherty, 416 Arnold Street, voiced his agreement with the points made by the previous
speakers. He noted that his home is a half mile from this site and, while the store would be convenient for
him, he finds the design and location not only inappropriate, but "just plain wrong."
Mr. Frank Seitz, 2611 Spring Creek Drive, asked what additional information the Commission needs
to make an informed and fair decision.
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Ms. Carol Flaherty, 416 Arnold Street, noted the constituents are telling the Commissioners that they
trust them and want them to make the decision on the Town and Country proposal. She suggested the size
of the overall structure should throw up red flags and cause the Commissioners to assume personal review
of the project.
Ms. Kaaren Jacobson, 1110 South Third Avenue, urged the Commissioners to put the decision on
the Town and Country proposal on their own table. She noted the Commissioners know how controversial
this project is, and stressed that they are accountable to the people in the community. She does not believe
allowing the decision to be made by an appointed City administrator, not accountable to the residents, is
fair to the community, the neighborhood or the City employee. She cautioned that allowing the Planning
Director to make an administrative decision is the type of action that breeds synicism and causes the public
to not trust government. She concluded by encouraging the Commission to hire a professional mediator
to work with the applicant, the neighborhood and the Commission to develop a proposal that is compatible
with the zoning and the neighborhood.
Mr. Don Bachman, 3910 Sourdough Road, noted the process has been confusing to date. He is
concerned that the Planning office has consistently supported the applicant in his plans to develop a magnet
grocery store in a neighborhood zone. He cautioned that approving this application will, ironically, foreclose
the opportunity to have an appropriately-sized grocery store in a "B-2" zone on the south side of town. where
it would be more appropriate. He encouraged the Commission to assume jurisdiction over the Town and
Country project and to ensure continued orderly development in Bozeman.
Mr. Mark Fogelsong, 2415 Spring Creek Drive, noted that South Third Avenue is a main artery to
a grade school and a middle school, making it a major thoroughfare for children. With this proposal, large
numbers of vehicles will be attracted to an area where children are walking, bicycling and skateboarding.
Following discussion, a majority of the Commissioners requested that consideration of assuming
jurisdiction over the Town and Country application be placed on the May 16 agenda, recognizing that four
affirmative votes are required to do so.
Presentation - Certificates of Appreciation from the Breakfast Optimist Club to the City of Bozeman
and the City of Bozeman Recreation Department
Mr. Tom LeProwse, Breakfast Optimist Club, noted this civic club concentrates on providing
opportunities to youth to better themselves, through a variety of programs. He stated this year, they have
earmarked $20,000 toward youth activities in the Bozeman area; and the Garagarama is their major
fundraising effort. He presented a Certificate of Appreciation to the City of Bozeman for providing a free
dumpster at the Garagarama and a Certificate of Appreciation to the City of Bozeman Recreation
Department for giving a free family season pass to be auctioned at the Garagarama.
Presentation - 2004 Tree City USA and Growth Award to the City of Bozeman from the National Arbor
Day Foundation
City Forester Ryan Stover presented the Growth Award and flag from Tree City USA to City Manager
Johnson. He noted that this award recognizes the environmental improvement and higher level of tree care
in the community's public places.
City Manager Kukulski accepted the award, noting that the City has received the award because of
Forester Stover's work.
Presentation - Distinguished Budaet Presentation Award from the Government Finance Officers
Association for Fiscal Year 2004-2005
Assistant City Manager Ron Brey noted that the Government Finance Officers Association looks at
budgets from across the country and gives awards to those who do an exemplary job in providing a
document that serves as a policy document, a financial plan, an operations guide and a communications
device. He noted that the City of Bozeman has received the Distinguished Budget Presentation Award for
several consecutive years, which few Cities manage to accomplish. He stated this award is for the Fiscal
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Year 2004-2005 budget document, which was prepared by former Director of Finance Miral Gamradt and
Controller Brian LaMeres,
Site Plan and Certificate of Appropriateness to allow construction of 30-foot by 33-foot three-car
garage with one-bedroom apartment above at 214 South Black Avenue. with a deviation to allow two-
way driveway aisle to be less than reauired dimension - Steve Garcia (Z-05018)
This was the time and place set for the continued public hearing on the site plan and Certificate of
Appropriateness requested by Steve Garcia under Application No, Z-05018 to allow the construction of a
30-foot by 33-foot three-car garage with one-bedroom apartment above on the north 10 feet of Lot 17, Lot
18 and the south 15 feet of Lot 19, Block C, Dawes' Subdivision of Black's Addition, with a deviation from
Section 18,46,020 of the Bozeman Municipal Code to allow a two-way driveway aisle width of 12 feet rather
than the required 24 feet The subject property is located at 214 South Black Avenue.
Distributed just prior to the meeting was a letter from Kate Bryan and Randy Peters, owners of the
property at 210 South Black Avenue, identifying three concerns with the proposed project
Public hearing
Mayor Cetraro reopened the continued public hearing.
Historic Preservation Planner Allyson Bristor presented the staff report, She highlighted the
application, noting that staff has reviewed it in light of the applicable criteria and staff's comprehensive
findings are contained in the written staff report. She concluded by stating that, based on those findings,
staff is recommending approval subject to eighteen conditions.
Responding to Commissioner Krauss, Planner Bristor stated that, since this parcel is zoned "B-3",
there are no setback or rear lot coverage requirements,
Responding to Commissioner Youngman, Planner Bristor indicated that staff feels the code issues
raised in the letter from Kate Bryan and Randy Peters can be adequately addressed with the final site plan,
but noted the Commissioners may add a condition of approval if they wish to do so.
Ms. Kirsten Emborg, consultant representing the applicant, stated that over the last 22 months, the
applicant's team has worked closely with City staff to come up with a viable option for parking on the subject
site, She noted that a five-stall garage with two upstairs apartments was originally proposed; however, it
was quickly recognized that the structure was too large and it was reduced to a three-stall garage with one
apartment above, She indicated the existing drive access is very narrow but provides the only access to
the rear yard of the lot, which is only 50 feet wide, She stated that, to address firefighting concerns, the
applicant has agreed to install fire sprinklers.
Mr. Steve Garcia, applicant, stated he wants to be a good neighbor and is willing to make
modifications as necessary, in response to either concerns from the neighborhood or the City staff.
Mr. Randy Peters, 2607 Spring Creek Drive, stated he does not wish to impair the applicant's right
to build a reasonable structure on the rear of his lot; however, he also wishes to avoid negative impacts on
his property. He noted that his lot is only 40 feet wide and, when the lot line was surveyed, he found it was
only two feet from his house. He expressed concern that under this application, the water main is proposed
along the lot line, and he feels that is too close to his foundation. He is also concerned about the proposed
location of the water retention pond, and asked that steps be taken to ensure that any drainage is away from
his property. He concluded by suggesting that the new structure be slid to the south, which would better
accommodate vehicular maneuvers.
Ms. Kate Bryan, 1020 East Babcock Street, stated that Chief Building Official Neil Poulsen is aware
of their concerns about the location of the water line and potential impacts on their house. She then noted
that the plan shows the stairs only 1 foot from the property line and lilac bushes on the other side of the new
structure. She suggested that the lilac bushes be planted by the stairs, to help screen them from the
property to the north. She concluded by voicing appreciation for the process and Mr. Garcia's openness.
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Project Engineer Dustin Johnson stated it is staff's recommendation that the water line be installed
as far from the adjacent foundation as possible. He noted that staff has also looked at the proposed
retention pond, which is to be located between the two houses. In light of the fact that they both have
basements and that water could seep into them, staff has identified the possibility of accepting a swale that
drains into the storm drainage system in South Black Avenue as an alternative.
Responding to Commissioner Hietala, Historic Preservation Planner Bristor noted that the type of
construction used in the stairway was identified as a concern by staff, but shielding of the stairway was not.
She stated that staff has concerns about the possibility of shifting the building to the south, noting that would
affect the parking space and would make more of the building visible from the street, thus raising a concern
about appropriateness.
Since there were no objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the site plan and
Certificate of Appropriateness requested by Steve Garcia under Application No. 2-05018 to allow the
construction of a 30-foot by 33-foot three-car garage with one-bedroom apartment above on the north 10
feet of Lot 17, Lot 18 and the south 15 feet of Lot 19, Block C, Dawes' Subdivision of Black's Addition, with
a deviation from Section 18.46.020 of the Bozeman Municipal Code to allow a two-way driveway aisle width
of 12 feet rather than the required 24 feet, be approved subject to the following conditions:
1. Prior to final site plan approval, the applicant shall submit one elevation drawing (of
either the north or south elevation) that depicts both the existing and proposed
construction on site. The additional elevation drawing is necessary for
Administrative Design Review Staff to compare the height of the existing and
proposed construction. The proposed construction shall be 6 inches below the
height of the principal, existing structure on site.
2. Prior to final site plan approval, the applicant shall provide revised elevation
drawings that depict the proposed construction as having overhanging eaves and
exposed rafter tails at the gable roof ends.
3. Prior to final site plan approval, the applicant shall provide revised elevation
drawings that depict the proposed construction as having double-hung or transom
window fixtures.
4. Prior to final site plan approval, the applicant shall provide revised elevation
drawings that depict lattice material placed between the ground level and the second
floor overhang on the east elevation. The placement of said lattice material shall
match even with the vertical plane of the second floor overhang.
5. Prior to final site plan approval, the applicant shall provide schematic drawings
(location and design details) for a new low profile freestanding sign. The existing
freestanding sign is non-conforming in height and there is no record of its
construction in the Bozeman Sign Permit Coordinator's permit catalogue.
6. Prior to final site plan approval, the applicant shall provide a landscape plan
depicting the proposed landscaping that replaces the abandoned front yard parking
area. Said landscape plan shall be reviewed and approved by Administrative
Design Review Staff.
7. Prior to final site plan approval, the applicant shall provide a color palette and
sample materials board for review and approval by Administrative Design Review
Staff .
8. Prior to the issuance of a building permit, the applicant shall remove the non-
conforming monument sign.
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9. Prior to the issuance of a building permit, the applicant shall remove the
freestanding poles along the south perimeter of the existing driveway.
10. The final site plan shall be adequately dimensioned. A complete legend of all line
types used shall also be provided.
11. A Stormwater DrainagelTreatment 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), stormwater detention/retention basin
details (including basin sizing and discharge calculations, and discharge structure
details), stormwater discharge destination, and a stormwater maintenance plan.
12. 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. All trees must be at least 10 feet from any public utilities
or service lines. Public utilities and services lines must be shown on the final
landscaping plan.
13. The drive approach shall be constructed in accordance with the City's standard
approach (Le., 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.
14. 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.
15. 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).
16. Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
17. Applicant must formally request a variance from the City Engineer for the size and
location of the driveway. The request must include the reasons why this driveway
must be only 10 feet wide and within 5 feet from the property line.
18. The applicant must comply with all provisions of the Bozeman Municipal Code that
are applicable to this project, including the following:
. Per Section 18.34.130.A, "Final Site Plan," no later than six months
after the date of approval of a preliminary site plan or master site plane, the
applicant shall submit to the Planning Department seven copies of a final
site plan. The final site plan shall contain all of the conditions, corrections
and modifications approved by the Development Review Committee.
. Per Section 18.34.130.F, "Final Site Plan," upon approval of the final
site plan by the Planning Director the applicant may obtain a building permit
as provided for by Chapter 18.64, Bozeman Municipal Code. 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.
. Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized
for permanent parking spaces and driveways shall be paved with concrete
or asphaltic concrete, or approved pavers, to control dust and drainage.
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. Per Section 18.48.060, "Landscape Performance Standards, in
addition to complying with the mandatory landscape provisions, all
landscape plans must earn a minimum number of points specified.
. Per Section 18.52.060.A.1 "Freestanding Signs," the maximum area
for a freestanding sign shall be 32 square feet, set back a minimum of 5 feet
with a maximum of five feet.
. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness with deviations application. Any modifications
to the submitted and approved drawings shall invalidate the project's
approval unless the applicant submits the proposed modifications for review
and approval by the Department of Planning prior to undertaking said
modifications, as required by Section 18.64.110 of the Bozeman Unified
Development Ordinance.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Youngman and Mayor Cetraro; those voting No being Commissioner
Krauss.
Certificate of ADDroDriateness to allow 403-sauare-foot addition to existina 405-sauare-foot. one-
story garaae. with deviations to allow addition to encroach 6 inches into reauired 5-foot side yard
setback and to allow rear lot coveraae to exceed 25 percent - Babbie Burrows. 419 West Curtiss
Street (Z-05041)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Babbie Burrows under Application No. Z-05041 to allow construction of a 403-square-foot
addition to the existing 405-square-foot, one-story garage on Lot 8, Block 13, Park Addition, with deviations
from Section 18.16.050 of the Bozeman Municipal Code, to allow the addition to encroach 6 inches into the
required 5-foot side yard setback along the western perimeter, and from Section 18.38.050, to allow the rear
lot coverage to exceed 25 percent. The subject property is located at 419 West Curtiss Street.
Public hearing
Mayor Cetraro opened the public hearing.
Historic Preservation Planner Allyson Bristor presented the staff report. She noted that under this
application, the size of the existing garage is to be doubled, thus covering more than 25 percent of the rear
yard. She stated that staff has reviewed this application in light of the applicable criteria, and staff's
comprehensive findings are contained in the written staff report. Based on those findings, staff has
identified some concerns about the lack of fenestration details on the north and west sides and the lack of
windows on the west elevation. She noted that the requested deviation from the setback requirement allows
the existing footprint line, which is 4 feet 8 inches from the property line, to be extended; and staff supports
that request. Staff does not support the requested size of the structure, but has proposed that it be
decreased by 100 square feet, making it subordinate to the house. She concluded by forwarding staff's
recommendation for approval, subject to eight conditions.
Mr. Dan Harding, Intrinsik Design, representing the applicant, stated the addition is designed to
accommodate the applicant's artwork. He noted that to reduce the size of the structure will make it difficult
to accomplish what she wishes to do. He then stated that no windows were included on the west elevation
because Ms. Burrows wishes to restrict that light. Also, that elevation is broken with a fairly dense caragana
hedge. He indicated that there is a header in the north elevation that will accommodate a garage door,
although one is not planned at this time because of its use as an art studio. He concluded by asking for
Commission approval of the plan as submitted, without the reduction recommended by staff.
No one was present to speak in opposition to the proposed addition.
Since there were no objections, Mayor Cetraro closed the public hearing.
05-02-05
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Decision
Responding to Commissioner Kirchhhoff, Historic Preservation Planner Bristor stated that no
accessory dwelling unit is proposed at this time and, in fact, one of the conditions of approval precludes that
from occurring without going through a new application process.
Commissioner Youngman noted that, iftherewere neighborhood concern, she'd support decreasing
the size of the garage; however, since no concerns have been identified, she feels the requested size is
appropriate. As a result, she supports deleting the condition to decrease the size of the addition.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Certificate of
Appropriateness requested by Babbie Burrows under Application No. 2-05041 to allow construction of a
403-square-foot addition to the existing 405-square-foot, one-story garage on Lot 8, Block 13, Park Addition,
with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the addition to encroach
6 inches into the required 5-foot side yard setback along the western perimeter, and from Section 18.38.050,
to allow the rear lot coverage to exceed 25 percent, be approved sUbject to the following conditions:
1. A modified site plan shall be submitted by the applicant for final design review and
Certificate of Appropriateness approval by Administrative Design Review Staff along
with a floor plan for the existing house.
2. The applicant shall schedule a building inspection with the Bozeman Code
Enforcement Officer, Vicki Hasler, to confirm that the addition does not include a
kitchen.
3. The applicant shall provide additional fenestration details on the north and west
elevations and submit modified building elevations that depict said change for final
design review and Certificate of Appropriateness approval by Administrative Design
Review Staff.
4. The applicant shall provide a color and materials palette for final design review and
Certificate of Appropriateness approval by Administrative Design Review Staff.
5. The applicant shall obtain a building permit and pay all required fees prior to
construction, and within one year of Certificate of Appropriateness approval or this
approval shall become null and void.
6. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications, as required by Section 18.64.110
of the Bozeman Unified Development Ordinance.
7. All code provisions shall be met, in particular, the following:
. Per Section 18.42.130, "Fences, Walls and Hedges, "all new fences
must conform to code requirements.
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.
Site Plan and Certificate of ADDroDriateness to allow demolition of existing singleMhousehold
structure and construction of two singleMhousehold structures on DroDertv located at 1105 South
Tracv Avenue - Thor Desian for Cliff and Joan Montagne IGakke Yama Houses) IZM0428S)
This was the time and place set for the pUblic hearing on the site plan and Certificate of
Appropriateness requested by Thor Design for Cliff and Joan Montagne under Application No. 2-04285, to
allow demolition of the existing single-household structure on Lots 7 and 8, Block A, Langohr's First
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Addition, and construction of two single-household structures. The subject property is located at 11 05 South
Tracy Avenue.
Public hearing
Mayor Cetraro reopened the continued public hearing.
Historic Preservation Planner Allyson Bristor presented the staff report. She noted that under this
application, the existing single-family home is to be demolished and two new single-family homes
constructed, with no deviations needed to do so. She stated that, since the existing home is identified as
a contributing structure within this district, the City Commission must make the final decision.
The Historic Preservation Planner stated that staff has reviewed this application in light of the
applicable criteria, and staff's findings are contained in the written staff report. She forwarded staff's
recommendation for approval, subject to twelve conditions. She then noted that the existing home has
several deficiencies that affect health and safety, including mold contamination.
The applicant indicated concurrence with the staff report.
No one spoke in support of or in opposition to the application.
Since there were no objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the site plan
and Certificate of Appropriateness requested by Thor Design for Cliff and Joan Montagne under Application
No. Z-04285, to allow demolition of the existing single-household structure on Lots 7 and 8, Block A,
Langohr's First Addition, and construction of two single-household structures be approved subject to the
following conditions:
1. No metal exterior siding, of any format, shall be applied to the exterior elevations of
the new houses.
2. Prior to final site plan approval, the applicant shall provide a color palette and
sample materials board for review and approval by Administrative Design Review
Staff and the Historic Preservation Office. If minor changes need to occur after final
site plan approval, the applicant can request an amendment to the Certificate of
Appropriateness, which does not require a review fee.
3. Seven (7) copies of the final site plan containing all of the conditions, corrections
and modifications approved by the Development Review Committee shall be
submitted for review and approval by the Planning Director within six months of the
date of City Commission approval.
4. 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.
5. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawing shall invalidate the project's approval unless the applicant submits the
proposed modifications for review and approval by the Department of Planning prior
to undertaking said modifications, as required by Section 18.62.040 of the Bozeman
Municipal Code.
6. The final site plan shall be adequately dimensioned. A complete legend of all line
types used shall also be provided.
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7. Sewer and water services shall be shown on the final site plan and approved by the
Water/Sewer Superintendent. City of Bozeman applications for any new service
shall be completed by the applicant.
8. The location of existing water and sewer mains shall be properly depicted on the
final site plan, as well as nearby fire hydrants.
9. 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 (Le., 310, 404, turbidity exemption,
etc.) shall be obtained prior to final site plan approval.
10. All existing utility and other easements must be shown on the final site plan.
11. Any cracked or broken portions of sidewalk along the street frontage shall be
replaced.
12. The applicant must comply with all provisions of the Bozeman Municipal Code,
which are applicable to this project prior to receiving final approval, including the
following:
. Per Section 18.42.130, "Fences, Walls and Hedges," all new fences
must conform to code requirements.
. Per Section 18.42.150, "Lighting," all new lighting must conform to
code requirements and all existing non-conforming lighting must be
retrofitted or replaced. Lighting details and locations must be included with
the final site plan.
. Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized
for permanent parking spaces and driveways shall be paved with concrete
or asphaltic concrete, or approved pavers, to control dust and drainage. All
proposed parking areas and driveway improvements shall require a grading
and drainage plan approved by the City Engineer.
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.
Conditional Use Permit and Certificate of Appropriateness to allow re-use of existina space for
restaurant with on-premise consumption of beer and wine (Emerson Grill. 207 West Olive Street) -
Troy Bentson for Robin Chopus (Z.05045)
This was the time and place set for the public hearing on the Conditional Use Permit and Certificate
of Appropriateness requested by Troy Bentson for Robin Chopus under Application No. 2-05045, to allow
re-use of the existing space in the Emerson Cultural Center, located on Lots 1 through 20, Block C,
Amended Plat C-13-C of Alderson's Addition, for a restaurant with on-premise consumption of beer and
wine. The restaurant is to be known as the Emerson Grill, located at 207 West Olive Street.
Public hearing
Mayor Cetraro opened the public hearing.
Planner Ben Ehreth presented the staff report. He noted that under this application, the Emerson
Grill is to occupy the southeast corner of the ground floor of the Emerson Cultural Center, which was
previously occupied by Cafe Internationale; and the new restaurant proposes to serve beer and wine for on-
premise consumption.
Planner Ehreth 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
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forwarded a recommendation for approval, subject to nine conditions. He noted that some of those
conditions are based on the concerns that were raised when the Cafe Internationale's application was
approved.
Responding to Commissioner Krauss, Planner Ehreth confirmed that the subject site is located close
to three churches. Under State statute, alcoholic beverages cannot be served at a location within 600 feet
of a church or school on the same address street; in this instance, the churches have South Grand Avenue
addresses while this site has a West Olive Street adress.
The applicant was present but did not speak; and no one spoke in support of or in opposition to this
application.
Since there were no objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Conditional Use Permit and Certificate of Appropriateness requested by Troy Bentson for Robin Chopus
under Application No. Z-05045, to allow re-use of the existing space in the Emerson Cultural Center, located
on Lots 1 through 20, Block C, Amended Plat C-13-C of Alderson's Addition, for a restaurant with on-
premise consumption of beer and wine, be approved subject to the following conditions:
1. A copy of the State of Montana Department of Revenue On-Premise Beer and Wine
License for this establishment shall be submitted to the Planning Office prior to the
sale of beer and wine.
2. The applicant shall obtain a City of Bozeman Beer and Wine License and provide
the Planning Department with a copy of the license prior to the commencement of
use.
3. No bar shall be established; beer and wine shall only be served at tables within the
restaurant or at tables in the outside seating area.
4. No beer and/or wine advertisements shall be displayed on the exterior of the
building.
5. The right to serve alcohol to outdoor patrons is revocable at any time based on
substantial complaints from the public or from the Police Department regarding
violations of the City of Bozeman's open alcohol container, minor in possession of
alcohol, or any other applicable law regarding consumption and/or procession of
alcohol.
6. The exterior serving area shall not exceed 800 square feet. A to-scale site plan of
the exterior serving area shall be submitted to the Planning Department for review
and approval prior to the commencement of use.
7. The applicant shall provide details of light bulb shields required for the proposed
lighting fixtures prior to the commencement of use.
8. The Emerson Grill shall obtain a catering endorsement from the Department of
Revenue Liquor Division, as well as a City catering license, for each catered event.
9. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the Conditional Use Permit procedure.
All the special conditions shall constitute restrictions running with the land, shall be
binding upon the owner of the land, their successors or assigns, and shall be
recorded as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the commencement of use.
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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.
Growth Policy Amendment - amend the land use designation from "Residential" to "Industrial" on
aDDroximately 4.68 acres and from "Parks. ODen SDace and Recreational Lands" to "Industrial" on
aDDroximately 0.144 acres - aenerally east of North Broadway Avenue. north of East Lamme Street
and south of Front Street - Simkins-Hallin (P-05006)
This was the time and place set for the public hearing on the growth policy amendment requested
by Simkins-Hallin under Application No. P-05006, to amend the land use designation from "Residential" to
"Industrial" on approximately 4.68 acres and from "Parks, Open Space and Recreational Lands" to
"Industrial" on approximately 0.144 acres described as abandoned Chicago, Milwaukee, St. Paul and Pacific
railroad right-of-way in Blocks 33, 41, 46 and 47; Lot 18 plus vacated streets and a portion of the vacated
alley in Block 46; Lots 1 through 3, Block 41; Lots 9 through 16 less the spur portion of the vacated alley
west of Lots 9 through 11, Block 46; Lots 1 through 8 plus portion of vacated alley, Block 46; Lots 6 and 7,
Block 49; Lots 8 and 9 less an 18-foot strip of Northern Pacific right-of-way, Block 49; Lots 13 through 15
plus a portion of vacated MacAdow Avenue, Block 49; Lots 10 through 12, Block 49; and Parcel A in
Ordinance No. 1309, all in the Northern Pacific Addition. The subject property is generally located east of
North Broadway Avenue, north of East Lamme Street and south of Front Street.
Included in the Commissioners' packets, in addition to the staff report, were copies of an information
packet from Brian Gallik, attorney representing Simkins-Hallin; an e-mail message from Rosetta Barrick in
support of the requested amendments; and a letter from Clara Belle Backman, 303 North Broadway
Avenue, voicing concerns about the proposed amendments. Distributed just prior to the meeting was an
e-mail message from Kenneth J. VanDeWalle, 408 North Plum Avenue, indicating that, while he does not
oppose the proposed use of the site, he does oppose the requested amendments.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report. He noted that staff has reviewed this
application for an amendment to the land use designations in the Bozeman 2020 Community Plan in light
of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He
stated that this amendment includes much of the land currently used for the Simkins Hallin operations, as
reflected on the map posted on the wall. He noted that all of that property, except the three lots subject to
the next public hearing, is currently zoned M-1 and has been committed to that type of use for several years.
He stated this deficiency in the land use map was brought to staff's attention when Mr. Simkins made
application for rezoning the three lots to the south for use as a parking lot.
The Planning Director forwarded staff's recommendation for approval of this application. He noted
that the Planning Board reviewed this application at its meeting held two weeks ago and concurred in staff's
recommendation for approval.
Responding to Commissioner Kirchhoff, the Planning Director stated the narrow finger of land that
extends southward from the main portion of the site is a portion of the abandoned railroad spur line owned
by Simkins-Hallin.
Responding to Commissioner Youngman, Planning Director Epple stated the Zoning Commission
has recommended approval of the zone map amendment, contingent upon approval of this growth plan
amendment application. He noted that the Planning staff did look at other options under which the parking
lot for Simkins-Hallin might be allowed, but was unable to identify a viable alternative that would allow a
permanent parking lot for an industrial use under a residential zoning designation.
Commissioner Youngman expressed her interest in identifying a mechanism under which the
Commission could provide some level of assurance that the lots currently zoned for residential use will only
be used for a parking lot and not any other expansion of industrial use.
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Mr. Tom Simkins, applicant, noted the narrow southward extension of his property is a railroad spur
and is too narrow to use; as a result, the residential neighbors are currently using it. He stressed that the
remainder of the site, however, is fully utilized for his commercial operations. He noted the site is
approximately ten to eleven acres in size, with activities being conducted there on a full-time basis since
1973, the first structure being built in 1979, and the main store being moved to that location in recent years.
He stressed that this site has been in Simkins Hallin ownership since 1950 and has been used for
commercial purposes during that period of time. He noted that this locally owned business employs over
140 people.
Mr. Simkins stated that the residential land use designation in the Bozeman 2020 Community Plan
undermines his ability to grow and does not accurately reflect current use. He stressed that relocating his
business is not viable, since this is one of few sites with rail access. He has begun to utilize that method
of transportation more and more, and that has also reduced the amount of truck traffic to his site. He
concluded by noting that the requested growth policy amendment not only corrects an error in the land use
designation but allows him to utilize the lots on the south edge of his property for a new parking lot that will
help alleviate the number of cars parking on the street and thus impacting his residential neighbors.
Mr. Ron Slade, CT A Architects, characterized the existing land use designation on the Simkins Hallin
site as an oversight or a mistake that needs to be corrected. He noted that to provide for residential use
adjacent to the railroad tracks and existing industrial use is inappropriate and asked that the Commission
approve the amendment.
Ms. Clara Backman, 303 North Broadway Avenue, stated she does not feel the cars on the street
create much problem. She noted that the residents in the area have worked hard to keep their homes in
good condition and she sees no reason for the Commission to approve the requested amendment.
Ms. Kris Olenicki, 307 North Broadway Avenue, stated that she likes the idea of a parking lot on the
south end of the site; however, she does not support the requested amendment to the growth policy. She
voiced concern that if the land use designation is changed and Simkins Hallin relocates, the site could be
used for a variety of businesses that are not quiet and would be disruptive to the neighborhood. She asked
that the Commission leave the existing residential designation on the property, allowing for renovation of
existing homes and construction of new homes.
Ms. Boshiese Serian, 710 East Fridley Street, spoke in support of the requested growth policy
amendment, noting that she finds Simkins Hallin is a good neighbor and she likes to shop there. She is
concerned, however, about what might happen if Simkins Hallin were to move, with her main concern being
the three lots on the south edge of the site that are the subject of the next public hearing. She has no
problem with the proposed parking lot but asked if it could be accommodated without changing the zoning.
Ms. Leslie Driscoll and Mr. Jeffrey Hicks, 315 and 317 North Broadway Avenue, voiced support for
both the growth policy amendment and the zone map amendment. They appreciate the plans to provide
more parking. They concluded by recognizing that Simkins Hallin is one of the more stable neighbors in
the area and encouraged approval of the applications.
Mr. Mike Jarrett, homebuilder, noted that he worked for Simkins Hallin when he was in high school
and now shops there on a consistent basis. He views the residential land use designation on much of the
Simkins Hallin site as an oversight that needs to be corrected. He voiced support for additional on-site
parking, noting that when the store has special events, people must often park four or five blocks away. He
stressed the importance of recognizing that Simkins Hallin has remained in business, even during the tough
times in the 1980s, and cautioned that if they find it necessary to relocate, it will probably not be within city
limits.
Mr. Dan Kaveney, 630 East Davis Street, characterized this request as an issue for the future. He
noted that Simkins Hallin needs to be able to expand, and he appreciates their desire to construct a parking
lot. He is, however, concerned about the future of the area if Simkins Hallin decides to relocate. As a result,
he asked that the Commission find a way to not approve the growth policy amendment or zone map
amendment and yet allow the parking lot.
Ms. Trish Riley, 225 North Broadway Avenue, questioned how the City staff can make a
recommendation to the advisory boards before the application is advertised and public comment is received.
She is also concerned that, once an application is advertised the public cannot approach the Commission
05-02-05
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outside the formal public hearing process, which she feels limits public participation. She noted that the
Bozeman 2020 Community Plan specifically states an amendment that benefits only a few persons and not
the community as a whole is inappropriate; and this proposal clearly benefits only one business. She stated
that North Broadway Avenue is 90 percent residential, and there is a huge residential development to the
east. She concluded by encouraging the Commission to not approve this amendment.
Mr. Brian Gallik, attorney representing the applicant, noted that as a member of the City Planning
Board, he was involved in the development of the Bozeman 2020 Community Plan. During the review of
that document, amendment of the land use classification from industrial to residential was never discussed
or brought to the applicant's attention. As a result, this matter came to light only when the applicant pursued
construction of the parking lot.
Mr. Gallik noted that much of the property along North Broadway Avenue is in an historic mixed use
zoning designation, where the standards for buffering are lower and property owners are typically aware of
the possibilities of different uses. He then stated that the zoning on much of this site is in conflict with the
land use classification, making expansion ofthis business difficult. He concluded by asking the Commission
to follow the recommendations ofthe Planning Board and Zoning Commission and approve this application.
Responding to questions from Commissioner Krauss, Planning Director Epple stated that his office
does not routinely provide a three-month period for public input because of the pressure to move projects
through the process as quickly as possible. In this instance, he noted that staff determined the request to
change the land use designation on three residential lots was a fairly modest expansion of a fairly long-
standing business on this site. He further noted that 30 acres of industrial property were recently changed
to residential in the adjacent Delaney project.
Responding to Commissioner Youngman, the Planning Director stated there is no historic mixed use
land designation in the growth policy, and the HMU zoning designation is located largely over an industrial
land use designation. He cautioned against considering an historic mixed use zoning designation in this
instance, since that zoning is typically located further north and not in this immediate area.
Responding to Commissioner Youngman, Mr. Tom Simkins indicated he would not be willing to put
a deed restriction on the three new lots to limit their use to a parking lot.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Commissioner Youngman voiced her general agreement that is appropriate to change the land use
designation to industrial, although she does not believe the residential designation was an accident. She
noted that there are a lot of historic conflicts where people are adjacent to industrial neighbors. She
concluded by expressing concern that under this amendment, a small amount of residential property is
being lost to industrial use and she does not believe there are adequate protections in place.
Mayor Cetraro expressed his concurrence with the staff report and recommendations.
Commissioner Hietala stated that, since the underlying zoning has historically been industrial, he
believes the land use designation in the Bozeman 2020 Community Plan is in error and that this amendment
should be approved.
Commissioner Krauss stated he finds this amendment cures a deficiency in the Bozeman 2020
Community Plan or improves it. He also finds that it meets the first objective in the economic development
section of the document, which is the retention and expansion of existing businesses. He stressed that
allowing for such retention adjacent to a railroad spur line is important to the health of the community. He
also recognizes that approval of this amendment will result in removing some of the on-street parking, thus
reducing impacts on adjacent residences and improving the safety of the area.
Commissioner Kirchhoff voiced his concurrence with the comments from Mayor Cetraro and
Commissioner Krauss. He voiced respect for the neighbors' concerns, but he finds this request is
compatible with the operations of the area.
05-02-05
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It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the growth policy
amendment requested by Simkins-Hallin under Application No. P-05006, to amend the land use designation
from "Residential" to "Industrial" on approximately 4.68 acres and from "Parks, Open Space and
Recreational Lands" to "Industrial" on approximately 0.144 acres described as abandoned Chicago,
Milwaukee, St. Paul and Pacific railroad right-of-way in Blocks 33, 41,46 and 47; Lot 18 plus vacated streets
and a portion of the vacated alley in Block 46; Lots 1 through 3, Block 41; Lots 9 through 16 less the spur
portion of the vacated alley west of Lots 9 through 11, Block 46; Lots 1 through 8 plus portion of vacated
alley, Block 46; Lots 6 and 7, Block 49; Lots 8 and 9 less an 18-foot strip of Northern Pacific right-of-way,
Block 49; Lots 13 through 15 plus a portion of vacated MacAdow Avenue, Block 49; Lots 10 through 12,
Block 49; and Parcel A in Ordinance No. 1309, all in the Northern Pacific Addition, be approved, subject to
the following conditions:
1. The applicant shall submit, within thirty (30) days of approval by the City
Commission, an 8~-inch by 11-inch or 8~-inch by 14-inch exhibit entitled "Simkins-
Hallin Growth Policy Amendment" to the Planning Department containing an
accurate description of the property for which the growth policy designation is being
amended. The exhibit must be acceptable to the Planning Department.
2. The resolution for the growth policy amendment shall not be drafted until the
applicant provides an exhibit of the area to be redesignated, which will be utilized
in the preparation of the resolution to officially amend the Future Land Use Map of
the Bozeman 2020 Community Plan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner
Youngman.
Zone Map Amendment - amendina the zonina desianation from "R-2" to "M-1" on approximatelv
12.075 sauare feet aenerally east of North Broadwav Avenue. north of East Lamme Street and south
of Front Street - Simkins-Hallin (Z-05038) (Andy Epple)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Simkins-Hallin under Application No. Z-05038, to amend the zoning designation from "R-2" , Residential-
Two-household, Medium-density, to "M-1", Light Manufacturing, on approximately 12,075 square feet
described as Lots 1 through 3, Block 41, Northern Pacific Addition. The subject property is located at 226
North Broadway Avenue.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report. He noted that this requested zone change
is for three lots along the east side of North Broadway Avenue immediately south of the East Davis Street
right-of-way extended.
The Planning Director stated that staff has reviewed this application in light of the twelve criteria
contained in the zone code, and staff's comprehensive findings are contained in the written staff report.
Based on those findings, staff has forwarded a recommendation for approval if the growth policy
amendment is approved. Following its review of this application at its April 19 meeting, the Zoning
Commission concurred in that recommendation.
Responding to Commissioner Krauss, Planning Director Epple stated that the zoning along
Broadway Avenue south of East Lamme Street and along East Mendenhall Street is "M-1 "; and a large part
of the "R-2" zoning in this area is an eclectic mix of uses.
City Manager Kukulski noted that the testimony received during the previous agenda item may also
be considered for this item.
Mr. Tom Simkins, applicant, stated that under this application, a quarter acre is to be zoned for
industrial use and converted into an off-street parking lot. He noted he is not comfortable with all of the on-
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street parking that is presently occurring; and this will solve what he sees as a safety problem and an impact
on the residential neighbors.
Mr. Brian Gallik, attorney representing the applicant, noted that the City's zone code allows for "M-1"
zoning and "R-2" zoning to be located side by side and encouraged approval of this application.
Mr. Mitch Simkins stated he owns and manages the business with his brother. He noted that he
practiced as a CPA for eleven years before returning to Bozeman and the business. He acknowledged that
many of the neighbors are concerned about Simkins-Hallin purchasing the houses and requesting the
southward extension of the "M-1" zone. He stressed that the business paid a huge price for those properties
and plans to retain the two gigantic evergreens on the lot and create a nice parking lot; and the site will not
negatively impact the residences.
Ms. Belle Backman, 303 North Broadway Avenue, questioned why the zoning should be changed
on these three lots just for the business to create a parking lot.
Ms. Trish Riley, 225 North Broadway Avenue, expressed her concerns that the residents' voices
have not been heard, and they have not been given adequate time to provide their input on this application.
She noted that the City Commission and City staff have promoted the northeast neighborhood as an area
to be protected by the neighborhood conservation overlay district and the Bozeman 2020 Community Plan.
She noted that the residents don't have a problem with this being a mixed use neighborhood, but they also
believed the land uses and current zoning designations would be protected. She is concerned that, in this
instance, a business is taking precedence.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Planning Director Epple cautioned that a valid petition of opposition has been received, triggering
the requirement for a super-majority vote to approve the requested rezoning.
Responding to Commissioner Krauss, Planning Director Epple stated that staff has reviewed the
ordinances to determine if there is a way to allow the parking lot without rezoning the subject property but,
to date, has been unable to determine a viable alternative to the rezoning. He then cautioned that, in light
of the Commission's approval of the growth policy amendment in the previous agenda item, this rezoning
must be approved or the previous action reconsidered.
Commissioner Krauss stated that, since a viable alternative to rezoning has not been identified, he
will support the requested rezoning. He does not believe that this rezoning changes the character of the
area since it involves less than one-third of an acre.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Zone Map
Amendment requested by Simkins-Hallin under Application No. Z-05038, to amend the zoning designation
from "R-2", Residential- Two-household, Medium-density, to "M-1", Light Manufacturing, on approximately
12,075 square feet described as Lots 1 through 3, Block 41, Northern Pacific Addition, be initially approved
and that staff be directed to bring back an ordinance enacting the amendment, subject to the following
conditions:
1. The applicant shall submit, within thirty (30) days of approval by the City
Commission, a 24-inch by 36-inch mylar zone map titled "Simkins-Hallin Zone Map
Amendment," an 8~-inch by 11-inch or 8~-inch 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.
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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.
Reauest from Gallatin Valley YMCA for use of Kirk Park as stagina area for summer recreation day
camD Droaram
Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands
James Goehrung forwarding the request from the Gallatin Valley YMCA to use Kirk Park as a staging area
for their summer recreation day camp program.
Superintendent of Facilities and Lands James Goehrung introduced the agenda item, noting that
his memo outlines a number of concerns, and reminded the Commission that private use of public land
must be approved by the governing body. He stated that, in this instance, the Gallatin Valley YMCA wants
to charge those who use the park for their program.
Mr. Pat Estes, Executive Director of the Gallatin Valley YMCA, stated they have researched
programs provided in the community and tried to identify needed programs. One of the obvious needs is
an all-day day camp program that is affordable for working parents. In other communities, he noted this
type of program is done outdoors, typically in a city or county park, and include field trips as well as passive
and active activities. Under this proposal, parents are to drop their children off at Kirk Park, which will serve
as the starting point; and the children will then return to the park around 4:00 p.m., where their numbers will
dwindle until the last child in picked up, no later than 5:30 p.m.
Mr. Estes noted that Superintendent Goehrung's memo references the high usage of Kirk Park and
the high number of reservations. He questioned how many of those reservations are for weekday daytimes
and indicated that his program will recognize and honor those reservations, using the shelters only when
not reserved for another group. He characterized a park as an ideal setting for youth and recreational
activities.
Mr. Estes stated that, given the identified need for this type of program in the community, he
anticipates it could grow to 100 participants in the first two years. He then noted that he is willing to conduct
this program in another location; he had initially identified Kirk Park because of its central location and
proximity to the Swim Center.
Responding to questions from Commissioner Kirchhoff, Superintendent Goehrung stated that
Commission approval of this request will cause him to look at other activities in the parks and ensure that
they have the appropriate approvals and permits.
Commissioner Krauss noted that other park users pay a fee for the use and then provide other
contributions. He suggested that, in this instance, it is important to ensure that the activity does not result
in additional maintenance costs to the community.
Commissioner Kirchhoff expressed his support for this application, noting he feels the fee should
be nominal and that the program should be reviewed after the first year to determine its benefits and
impacts.
City Manager Kukulski noted this issue may be more challenging than it initially appears. He
cautioned that the proposed budget for park maintenance provides for a low level of maintenance, and he
feels the summer recreation program may need to be supplemented through activities such as this
proposed day camp program.
Commissioner Krauss stated he feels the incremental costs of the program should be covered.
Commissioner Kirchhoff responded by stating he does not feel it is appropriate to recover
incremental costs in the first year of the program.
Commissioner Youngman suggested that staff be allowed to negotiate the fee with the applicant
rather than trying to address the issue at this time.
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It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that, because
of benefit that this program will provide to the community, the Commission authorize and direct staff to
prepare a license for use agreement with the Gallatin Valley YMCA for use of Kirk Park as a staging area
for affordable summer programs. 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.
Appointment to Public Transit Stakeholders' Board
Since no applications had been received for the vacancy on the Public Transit Stakeholders' Board,
Mayor Cetraro asked that this item be placed on a future agenda.
Acknowledge receipt of letter of resianation from Local Government StudY Commission ~ Bill Wise
Included in the Commissioners' packets was the letter of resignation from the Local Government
Study Commission as submitted by Bill Wise, dated April 24 and effective immediately.
The Commission acknowledged receipt ofthe letter of resignation submitted by Study Commissioner
Bill Wise.
Possible authorization for City Manaaer to Sign Buv~Sell Aareement for Lot 24. Block A, Maple
Terrace Subdivision
Distributed just prior to the meeting was a memo from Director of Public Service Arkell along with
the real estate listing for the property at 1811 Durston Road.
Director of Public Service Debbie Arkell noted that last week the property at the northeast corner
of the intersection of Durston Road and North 19th Avenue was placed on the market, at an asking price
of $195,000. When she contacted the realtor, she found an offer had been made two days after it was
listed; however, she learned the City could make a first contingent offer, which requires placing $2,000 in
escrow. She noted that the City must acquire right-of-way from this property for the impending Durston
Road improvements; and staff is concerned that this may render the property unusable. If the City is
successful in acquiring this property, she noted monies from the general obligation bonds for transportation
projects will be used.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission
authorize City Manager Kukulski to sign a buy-sell agreement for the property at the northeast corner of the
intersection of Durston Road and North 19th Avenue, as a back-up offer. 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.
Evaluation of work session/retreat held on April 25
City Manager Kukulski noted that he will not have the final synopsis of the work done during the
retreat until Wednesday and suggested that discussion on this item be delayed until that information is
available. He thanked the Commissioners for their willingness to devote time to the retreat and observed
that it provided an opportunity to build relationships and to talk about issues that are important to the City
in the next three to five years.
Discussion ~ FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) E-mail from John Trull indicating his interest in filling the vacancy on the Local Government
Study Commission created by Bill Wise's resignation.
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(2) E-mail from Harold Fryslie declining the Study Commission's query about filling the vacancy
on the Local Government Study Commission created by Bill Wise's resignation.
(3) Letter from Larry, Vickie, Ryan and Evan Minkoff, 2311 Highland Court, voicing concern
about the Town and Country development.
(4) E-mail from James and Joan Olson, 1705 South Willson Avenue, expressing dismay about
the Town and Country development.
(5) April 2005 newsletter for the Bozeman Creek Neighborhood Association, as prepared by
Neighborhood Coordinator Tracy Oulman.
(6) E-mail from Suzanne Hepburn and Don Booth, 1910 South Tracy Avenue, voicing concern
about the Town and Country plans.
(7) E-mail from Beverly Tweedale asking the Commission to reclaim the right to review the Town
and Country proposal.
(8) Letterfrom John and Tamie Parker, 1716 South Willson Avenue, asking the Commissioners
to act on the Town and Country proposal.
(9) Copy of the notice of closures on North Rouse Avenue on May 3 and May 4.
(10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 3, at
the Big Sky Fire Hall.
(11 ) Agendas for the Planning Board meeting to be held at 7:00 p.m. and Zoning Commission
meeting to be held at 7:30 p.m. on Tuesday, May 3, in the Commission Room.
(12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, May 4, in the commission Room.
(13) Agenda for the Local Water Quality District Board meeting to be held at 8:15 a.m. on
Thursday, May 5, at the Courthouse.
(14) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Thursday, May 5, in the
Commission Room.
(15) City Manager Kukulski noted that staff is working on a response to a letter received from the
Public Employees Retirement System (PERS) regarding the City's practice of including insurance premiums
in the base salary, a practice shared by the City of Great Falls and the City of Livingston. He stated that
PERS had indicated it would accept the practice if the City received a letter from the IRS indicating it is an
acceptable practice; however, the IRS stopped issuing such opinions on January 3,2005.
City Attorney Luwe stated he is in the early stages of addressing this issue, and Stan Kaleczyc has
been retained to represent the City.
(16) City Manager Kukulski gave a brief overview of the budgeting process, noting he has
received requests for approximately additional 25 FTEs. He has identified six that he proposes to fund,
including two police officers and four to be funded in non-general fund activities. He cautioned that this is
a very difficult budgeting year, given the strains put on City services through the continued rapid rate of
growth; and it may soon be time to take a hard look at some of the services and programs provided. He
noted that the general fund is broke, as well as the water fund and solid waste fund; and the City faces
many capital needs over the next few years.
(17) Assistant City Manager Ron Brey asked that the Commissioners forward to him any
comments they may have on the draft large scale retail study completed by EPS by tomorrow. He plans
to request that they schedule a formal presentation of the final study to the Commission within the next few
weeks.
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(18) City Attorney Luwe announced that the Governor has signed the bill establishing a third
District Court, effective January 2, 2006.
(19) Commissioner Youngman reported on planting of the Arbor Day tree, in honor of former
Commissioner Joe Frost, and Clean Up Bozeman.
(20) Commissioner Krauss distributed copies of the legislative report from Alec Hansen,
Executive Director of the League of Cities and Towns, and information on the public power project.
(21 ) Mayor Cetraro expressed his interest in seeing review of proposed revisions to the UDO on
every work session agenda and moving those revisions through the process as quickly as possible.
Planning Director Epple cautioned that, in addition to the proposed revisions to the UDO, recent
legislative actions require a number of revisions to the subdivision regulations that will be forthcoming.
(22) Mayor Cetraro asked about the possibility of relocating the regular Commission meetings
to the Community Room at the Courthouse, particularly in light of the number of people who have attended
recent meetings.
Adiournment - 11 :25 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 Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman Mayor Cetraro; those voting No, none.
L. CETRARO, Mayor
ATTEST:
rl~./' ~
ROBIN L. SULLIVAN
Clerk of the Commission
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