HomeMy WebLinkAbout2004-07-12 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 12, 2004
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, July 12, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff
Krauss, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Acting
City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower Commissioner Marcia
Youngman was absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Authorize absence of Commissioner Younaman from this meetina
It was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the Commission
authorize Commissioner Youngman's absence from this meeting. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Krauss, Commissioner Kirchhoff, Commissioner
Hietala, and Mayor Cetraro; those voting No, none.
Minutes -April 26. May 3. May 17. May 24. June 7. June 11 Hales. June 11 Kukulski. June 28 and July
6.2004
Mayor Cetraro deferred action on the minutes of the meetings of April 26, May 3, May 17, May 24,
June 7, June 11 Hales, June 11 Kukulski, June 28, and July 6,2004, to a later date.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Ordinance No. 1616 - deletina Section 9.70.010: renaming Title 9. Chapter 7.
renumberina various sections in Title 9: and deletina Sections 10.08.272 and
10.08.210. reYisina and addina provisions to chapter entitled "Alcohol Policy":
finallY adopt
ORDINANCE NO. 1616
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING FOR REORGANIZATION OF AND
GENERAL REVISIONS TO THE ALCOHOL PROVISIONS OF THE
BOZEMAN MUNICIPAL CODE SUCH THAT THE BOZEMAN MUNICIPAL
CODE BE AMENDED SUCH THAT TITLE 9 ARTICLE 7 BE AMENDED TO
TITLE 9 CHAPTER 7 AND SHALL CONTAIN THE REVISED ALCOHOL
PROVISIONS AND THAT SECTIONS 9.70.010; 9.30.010; 9.32.005
THROUGH 9.32.040; 9.40.010; 9.84.010 THROUGH 9.84.040; 10.08.272;
AND 10.08.210 BE REPEALED AND DECLARING THAT SUCH SECTIONS
BE NULL AND VOID AND OF NO EFFECT.
Ordinance No. 1617 - settina the Municipal Judae's salarv for Fiscal Year 2004-2005:
provisionally adopt and brina back in two weeks for final adoption
ORDINANCE NO. 1617
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ESTABLISHING THE MONTHLY SALARY OF
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THE MUNICIPAL JUDGE OF THE CITY OF BOZEMAN AS REQUIRED BY
THE BOZEMAN MUNICIPAL CODE.
Acknowledae receipt of reauest for annexation of 0.56 acres described as COS No.
1393aA (abandoned railroad riahtaofawav adiacent to 2311 South 7th Avenue) a
CFT. Limited: refer to staff
Acknowledae receipt of reauest for annexation of 37.794 acres described as a portion
of the E%. SE%. Section 32. T1S. R6E. MPM (2215 Bridaer Drive) - Snowload.
LLC for Kathlvn and Berl Hamilton. Annette Jacobs and Jennel Schultz: refer
to staff
Authorize Mavor to sian a Memorandum of Understandina between US Geoloaical
Survey and City for coordination and cooperation pertainina to The National
Map
Building Inspection Division report for June 2004
Claims
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, 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 Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting
No, none.
Public comment
Chuck Paden, 507 Ice Pond Road, asked the Commission for its help in delaying the County's plan
to build a new bridge on Ice Pond Road until this fall, when it was originally planned to be constructed. Kerin
and Associates is currently negotiating with property owners to realign the road 30 feet to the south before
the bridge is installed, and they thought they had a few more months to complete that process. This
realignment will increase access to the Reids' property and the Boys and Girls Club property, as well as
facilitating improvements to South Church Avenue. Mr. Paden distributed a copy of a letter from the
Advisory Council of the Bozeman Creek Neighborhood Association supporting the neighborhood's efforts
to reach agreement concerning the realignment of Ice Pond Road before the bridge is constructed.
Continued public hearina a Zone Map Amendment - amend zonina desianation on 6.978aacre tract
of land described as Tract A. Bozeman Creek Annexation. from "RaS" to "BP" - Sprinaer Group
Architects for Hubert Reid (Ice Pond Tech Park) (Z-04031 )
This was the time and place set for the continued public hearing on the Zone Map Amendment
requested by Springer Group Architects for Hubert Reid under Application No. Z-04031, to amend the
zoning designation on a 6.978-acre tract of land described as Tract A, Bozeman Creek Annexation, from
"R-S", Residential-Suburban, to "BP", Business Park. The subject property is located along the north side
of Ice Pond Road.
Included in the Commissioners' packets was a memo from Associate Planner Sanford, dated July
14, requesting that the hearing be opened and continued indefinitely.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing
be continued indefinitely. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Krauss, Commissioner Kirchhoff, and Mayor Cetraro; those voting
No, none.
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Public hearina ~ intent to annex BBt acres described as a portion ofthe E%. SWY... and the W%. W%.
SEY... Section 3. T2S. R5E. MPM. plus adiacent public riahts~of~wav (east of Flanders Mill Road and
south of West Oak Street extended) ~ Gaston Enaineerina for Doualas L. Smith (A~04005)
This was the time and place set for the pUblic hearing on the intent to annex 88t acres located east
of Flanders Mill Road and south of West Oak Street extended, as established by Commissioner Resolution
No. 3692, entitled:
COMMISSION RESOLUTION NO. 3692
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 A TRACT 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.
Mayor Cetraro opened the public hearing.
Contract Planner Windemaker presented the staff report.
The Contract Planner stated that staff has reviewed this application in light of the goals and policies
set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the
written staff report. As a result of that review, staff has forwarded a recommendation for approval, subject
to the following items being addressed prior to, or in conjunction with, the Annexation Agreement:
1. The Annexation Agreement, which addresses all conditions placed on the
annexation application by the City Commission, shall be signed, notarized and
returned to the City of Bozeman Planning & Community Development Department
within one year of a City Commission decision to annex the property, or annexation
approval shall be null and void.
2. The applicant shall submit an annexation map with a legal description of the
property with the Annexation Agreement. The map must be supplied on a mylar (18-
inch by 24-inch) for City records and on either letter or legal size paper for recording
with the Annexation Agreement by the Gallatin County Clerk and Recorder. One
digital copy must also be provided to the Planning Department. The maps must be
acceptable to the Director of Public Service.
3. The Annexation Agreement shall contain a section that the landowner acknowledges
and agrees that usable water rights or cash-in-lieu, thereof must be provided to the
City of Bozeman per Policy NO.5 of Commission Resolution No. 3137 prior to final
plat approval, final site plan approval, or the issuance of any building permit,
whichever first occurs. The amount of water rights or cash-in-lieu will be determined
by the Director of Public Service at the time of such development.
4. Applicant shall provide executed Waivers of Right to Protest Creation of SIDs for a
park maintenance district. The original executed document shall be returned to the
City of Bozeman Planning and Community Development Department with the signed
and notarized Annexation Agreement.
5. The annexation shall include all of the adjacent rights-of-way of Flanders Mill Road
and West Oak Street extended.
6. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following:
A. Street improvements including paving, curb/gutter, sidewalk and
storm drainage facilities for the following streets:
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1. Durston Road
2. Flanders Mill Road
3. West Oak Street
4. Ferguson Avenue
B. Signalization improvements for the following intersections:
1. West Oak StreeUFerguson Avenue
2. Durston Road/Ferguson Avenue
C. Trunk sewer main to serve the northern portion of the property.
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development or a combination thereof.
7. The owner shall provide public street and utility easements for Durston Road, West
Oak Street, Flanders Mill Road and Ferguson Avenue. The easements shall be 50
feet wide from the section line for Durston Road, 60 feet wide from the mid-section
line for West Oak Street, 30 feet from the property line for Flanders Mill Road. and
90 feet centered on the mid-section line for Ferguson Avenue. These are one half
of a minor arterial standard for Durston, one half a principal arterial standard for
Oak, one half a local standard for Flanders Mill, and a full collector standard for
Ferguson as shown in the Transportation Plan.
8. To achieve the goals and objectives set forth in the Bozeman 2020 Community Plan,
a diversity of housing types and (net) densities shall be provided.
Dennis Foreman, Gaston Engineering, representing the applicant, stated they do not want to place
the parkland required in this development adjacent to the regional park; however, the other parkland
requirements are fine. He added that the UDO requires a one-acre park in the geographical center of the
development. Senior Planner Skelton noted Doug Smith and the MacDonalds are working on a master plan
for the development of the property between Durston Road and West Oak Street that identifies proposed
land use patterns and densities and also includes a parkland layout that will be considered at a future date
by the Recreation and Parks Advisory Board.
No one was present to speak in opposition of this requested annexation.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Commissioner Kirchhoff stated he believes it does make sense to have additional parkland next to
the regional park, and he would like to have a dialogue regarding that possibility that includes the Recreation
and Parks Advisory Board and City Park Department representatives. Acting City Manager Brey pointed
out the Commission could add a condition requiring an assessment of the viability of a park connection
across Oak Street be provided by the Park Department and the Recreation and Parks Advisory Board.
Commissioner Krauss stated he would like to have an easUwest trail connection from this property
to North 19th Avenue.
It was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that staff be directed
to bring back an Annexation Agreement, addressing Items Nos. 1 through 8 listed above, for Commission
consideration.
The following amendment was then placed on the floor. It was moved by Commissioner Krauss,
seconded by Commissioner Kirchhoff, that Item No.9 be added to read as follows:
9. Any contiguous open space and trails must be continuous into and throughout the
property.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss,
Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none.
The main motion, as amended, then carried by the following Aye and No vote: those voting Aye
being Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those
voting No, none.
Public hearina - Zone Map Amendment - establish initial municipal zonina desianation of "R-3".
Residential-Medium-densitv. on 88.35 acres described as a portion of the E%. SW%. and the W%.
W%. SE%. Section 3. T2S. R5E. MPM. plus adiacent public riahts-of-wav (east of Flanders Mill Road
and south of West Oak Street extended) - Gaston Enaineerina for Doualas L. Smith (Z-04073)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Gaston Engineering for Douglas L. Smith under Application No. Z-04073, to establish an initial municipal
zoning designation of "R-3", Residential-Medium-density, on 88.35 acres described as a portion of the East
one-half of the Southwest one-quarter and the West one-half of the West one-half of the Southeast one-
quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, plus the adjacent public
rights-of-way. The subject property is located east of Flanders Mill Road and south of West Oak Street
extended.
Mayor Cetraro opened the public hearing.
Contract Planner Windemaker presented the staff report, noting the Design Review Board and
Zoning Commission recommend conditional approval. Staff finds the R-3 zoning designation is appropriate
for this property and is in compliance with all requirements. Staff has reviewed this proposed amendment
in light of the criteria set forth and recommends conditional approval. Staff's comprehensive findings can
be found in the written staff report.
Commissioner Krauss asked if the R-3 zoning is a placeholder. Contract Planner Windemaker
indicated it is; the applicant is looking at a variety of uses. Commissioner Krauss stated all recent
annexations are coming into the city with R-3 zoning, and he is not comfortable with that. He suggested
annexing property at a minimum zoning level and then discussing usage patterns and zoning changes.
There are some tradeoffs the City is losing because high-density zoning is being initially granted, such as
planned unit developments, transfer of development rights, and mixes of housing types.
Commissioner Kirchhoff responded the Commission is unanimous in its thinking that R-3 zoning
does not necessarily facilitate a mixture of housing types. However, condition number 8 of the annexation
agreement provides for that outcome.
Mayor Cetraro and Commissioner Hietala agreed with comments made by Commissioner Krauss
and Commissioner Kirchhoff.
Commissioner Krauss suggested that if applicants are only doing placeholder zoning and not
actually providing an exact design, the City should require R-1 zoning and have the applicant provide an
entire presentation. He wants the City to use a placeholder that allows tradeoffs when it comes time for
density determination and transfer of development rights. After this application, it might be a good time to
say any placeholder applications coming to the Commission will come in at R-1 zoning, and the Commission
and staff will go forward from there.
Mr. Foreman reported they chose R-3 zoning because the Unified Development Ordinance (UDO)
requires a minimum of six units per acre. The applicant would like to develop these lots as duplexes, but
the UDO does not allow that; so the UDO is forcing development at a higher density than they really want.
Because the applicant doesn't want to develop this property at the maximum R-3 density, they are proposing
to restrict densities in some areas and construct 4-plexes in other areas to achieve the required densities.
They are proposing a mix of townhouses, single-family homes, duplexes, and 4-plexes. Affordable housing
units will be constructed on 5,000-square foot lots. R-2 zoning doesn't give developers the ability to develop
4-plex lots in order to get larger-sized lots in other areas. Mr. Foreman said if the Commission desires to
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condition them to a mix of housing types, they are agreeable to that. The applicant is seeking to duplicate
the Diamond Estates project.
Commissioner Kirchhoff inquired as to the density of Diamond Estates. Mr. Foreman answered he
doesn't know for sure, but he believes the density to be around three units per acre.
Mayor Cetraro agreed with Commissioner Krauss that staff and the Commission are having some
struggles with the Unified Development Ordinance because it has changed a lot of ways things are done.
No one was present to speak in opposition of this zone map amendment.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Commissioner Krauss suggested the Unified Development Ordinance needs to be revised,
particularly since R-1 and R-2 zoning do not exist. Senior Planner Skelton noted the difficulty with this
application is the Commission is reviewing a phase of the Diamond Estates development. If the entire
property had been annexed and zoned at once, there would have been the opportunity to plan for a mix of
uses and densities. If less than R-3 zoning is granted, it will tie the developers hands to meet the density
requirements.
Acting City Manager Brey noted that at some point, developments will not be able to meet the
density requirements, except with R-3 zoning. He suggested the Commission needs an assessment from
staff where the acreage breakpoints are after right-of-way and parkland dedications are subtracted.
Commissioner Krauss stated six units per acre is too dense because 160 acres aren't going to be
annexed every time. If that is what is required to meet the Unified Development Ordinance zoning
requirement, that eliminates discussions on increasing densities through other incentives. Commissioner
Krauss indicated his desire to receive the breakpoint information from staff that was suggested by Acting
City Manager Brey. He stated he is going to ask for revisions to the UDO; and that will be the time for staff
and all other groups to come forward to relay any problems they've found in working with the UDO. This
is one of those problems he would like to have addressed at that time.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Zone Map
Amendment requested by Gaston Engineering for Douglas L. Smith under Application No. Z-04073, to
establish an initial municipal zoning designation of "R-3" , Residential-Medium-density, on 88.35 acres
described as a portion of the East one-half of the Southwest one-quarter and the West one-half of the West
one-half of the Southeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal
Meridian, plus the adjacent public rights-of-way, be initially approved; and that staff be directed to bring back
an ordinance enacting the amendment upon completion of annexation of the subject property, 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 "Smith", an 8Y2-inch by 11-
inch or 8Y2-inch by 14-inch paper map and a digital copy to the Planning Office
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 rezoned,
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 Kirchhoff,
Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none.
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Public hearing - review of previously-approved Conditional Use Permit to allow conversion of an 877-
sauare-foot portion of an existina residence into an accessory dwellina unit on Lot 4A-1 of the
Amended Subdivision Plat of Lots 4A and SA. Block C. Marwvn Addition and the 7S-foot-lot deeded
on Film 1S. Paae 126 (1220 East Curtiss Street) - Stan Holmauist
This was the time and place set for the public hearing on the continuation of the previously-approved
Conditional Use Permit requested by Stan Holmquist under Application No. Z-01097, to allow conversion
of an 877-square-foot portion of an existing residence into an accessory dwelling unit on Lot 4A-1 of the
Amended Subdivision Plat of Lots 4A and 5A, Block C, Marwyn Addition and the 75-foot lot deeded on Film
15, Page 126. The subject property is located at 1220 East Curtiss Street.
Included in the Commissioners' packets were a letter from Gene and Barbara Brooks, 1206 East
Curtiss Street, asking that this permit be terminated; and a letter from Ron and Margo Krager, 1214 East
Curtiss Street, asking that this permit be extended only for the time that Stan Holmquist owns the property.
Distributed just prior to the meeting was a petition signed by 42 residents of the immediate area requesting
that the conditional use permit continue to be reviewed every three years and that it be voided if the property
is sold, and a letter from Jill Schaunaman also asking for the extension of the three-year review of the
conditional use permit.
Mayor Cetraro opened the public hearing.
Senior Planner Skelton presented the staff report on behalf of Associate Planner Sanford. He noted
that since the zoning designation on this property was changed from R-2 to R-1, there are no fewer
restrictions on this property. Staff has received no complaints about this accessory dwelling unit in the past
three years and recommends this use be allowed to continue, without any additional compliance reviews
of the conditional use permit.
Stan HOlmquist, 1220 East Curtiss Street, stated he has complied with all restrictions and
specifications of the conditional use permit; and he feels strongly about keeping a tight rein on the activities
of his tenants. Therefore, he is requesting that this be a one-time compliance review.
Jill Schaunaman, 1031 East Olive Street, requested the three-year compliance review 0 f this
accessory dwelling unit be continued indefinitely. If this conditional use permit runs with the property,
realtors are not known to tell prospective buyers about restrictions and covenants; and she would like this
review process to continue so the neighborhood is protected. Ms. Schaunaman noted Mr. Holmquist is a
great landlord, but she questions what will happen down the road to maintain the property rights and
property values of the neighborhood. This neighborhood deserves the same consideration as any new
subdivision, and the Commission spends a lot of time reviewing new subdivisions.
Judy Blackmore, 1004 East Babcock Street, agreed Mr. Holmquist has met the conditions these past
three years; but, she suggested, that may be a direct result of the compliance review. The required
compliance review provides an incentive for accountability. The residents of this area want to discourage
all accessory dwelling units in this neighborhood.
John Earls, 1111 East Curtiss Street, stated he, too, is in favor of continuing the conditional use
permit compliance review every three years. When this project was undertaken, it was started without first
securing the proper permits and only came to City attention when a disgruntled employee reported it. Mr.
Earls said he doesn't think the City should like someone trying to get around its rules, regulations, and
procedures. The ideal thing would have been to tear out this unit when it was discovered and to disallow
this conditional use permit.
Mr. Holmquist stated he can understand the neighbors' comments because initially they didn't go
about this correctly; but they came before the Commission, admitted what they had done, apologized, and
accepted the three-year compliance review. He did not intentionally do anything that would degrade
anyone's property, including his own. Mr. Holmquist added he enjoys a good neighborhood, too; it means
a lot to him. He doesn't believe continued compliance reviews are necessary because he will always
comply with the conditional use permit conditions.
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Commissioner Krauss asked if the Commission could add a condition to the conditional use permit.
Senior Planner Skelton indicated it could because this is a site specific application. Acting City Attorney
Cooper cautioned that he would like to hear the proposed condition first because the original conditional use
permit contained conditions and was unanimously approved, which has allowed this use to become a
permitted use. For that reason, the request that this conditional use permit remain with this applicant and
not run with the land is not something he would recommend.
Commissioner Krauss stated he is uncomfortable with the possible impact on the neighborhood of
grandfathering in the conditional use permit for multiple ownerships, unless yearly compliance reviews are
required. Acting City Attorney Cooper noted that when this condition was first placed on this conditional use
permit, it specified a one-time review. To require that it continue to be brought back for review is to add to
the definition of the conditional use permit. Acting City Manager Brey added that Mr. Holmquist still must
comply with the conditional use permit because otherwise he would be in violation of zoning regulations.
Commissioner Hietala expressed his agreement with comments made by Acting City Manager Brey
and Acting City Attorney Cooper that these are requirements that must be complied with and that are
enforceable. It is up to the Commission and the City to see that they are enforced.
Responding to Commissioner Kirchhoff, Acting City Manager Brey stated that to put an approved
development proposal perpetually at sUbjective risk is not the way the City wants to pursue these types of
things. Objective conditions are much more desirable.
Commissioner Krauss stated his belief that the Commission should limit continuance of the
conditional use permit to only the one individual who applied for, and received, the approval. Acting City
Attorney Cooper restated it doesn't matter who owns the property, all conditions must be complied with; and
the Commission cannot make it personal to a specific owner or occupant. The condition originally placed
on this applicant was that he come in for a three-year compliance review, not a review of the renewal of the
conditional use permit. The Commission can make its compliance determination from the testimony
received.
Responding to Commissioner Krauss, Acting City Attorney Cooper emphasized that durational
restrictions must be based on something else, such as a change from a rural to an urban setting, that allows
the permitted use only as long as that is the setting; and when that setting is changed, the permitted use
is no longer allowed. Commissioner Krauss suggested there needs to be a rewrite of the Unified
Development Ordinance to require the duration of use to be specific.
Acting City Manager Brey noted staff only supplied the Commission with this one particular condition
and asked if it would be helpful if the Commissioners were provided with all the conditions put on this
conditional use permit and then delay the vote on this item for one week.
Commissioner Kirchhoff responded this condition came about because of circumstances at that
time, it was the correct condition at the time, and the applicant was required to come back in three years
to determine if the conditional use permit was working with the neighborhood. The Commission now needs
to determine if the property owner is in compliance with the conditional use permit; the other issues brought
up are not part of this decision for this evening.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Kirchhoff, to allow the
continuation of the previously-approved conditional use permit to allow the conversion of an 877 -square-foot
portion of an existing residence into an accessory dwelling unit at 1220 East Curtiss Street. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Kirchhoff, and Mayor Cetraro; those voting No being Commissioner Krauss.
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Public hearina - Certificate of ADDroDriateness to allow construction of accessory structure on Lots
11 and 12. Block C. Dawes' Subdivision: a Dortion of Lot 17. Lindley and GUY'S Addition: and a
Dortion of vacated alley. with deviations from Section 18.16.050. Bozeman MuniciDal Code. to allow
structure to encroach 3% feet into reauired 5-foot side yard setback and 9 feet into 20-foot rear yard
setback - Steven and Audrey Kalinowski. 221 South Bozeman Avenue (Z-04086)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Steve and Audrey Kalinowski under Application No. 2-04086, to allow the construction of an
accessory structure on Lots 11 and 12, Block C, Dawes' Subdivision; a portion of Lot 17, Lindley and Guy's
Addition; and a portion of vacated alley, with deviations from Section 18.16.050 of the Bozeman Municipal
Code, to allow structure to encroach 3~ feet into required 5-foot side yard setback and 9 feet into 20-foot
rear yard setback. The subject property is located at 221 South Bozeman Avenue.
Mayor Cetraro opened the public hearing.
Senior Planner Skelton presented the staff report, noting the applicants are requesting two
deviations; to allow the structure to encroach 3.5 feet into the required five-foot side yard setback and nine
feet into the 20-foot rear yard setback. There is no alley along the back of the property, so the property
owners cannot access this garage/shed from the rear of the property. Staff has reviewed this application
in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can
be found in the written staff report. Senior Planner Skelton noted that Historic Preservation Planner Bristor
was originally concerned with the 20-foot height of the structure and the 12:12 roof pitch. Staff, including
the Historic Preservation Planner, has discussed the height and concluded that it is consistent with the mix
of residential structures in the area and is compatible with this neighborhood. It has been determined the
structure would not be taller than the existing residence or the surrounding residences. Therefore, staff
recommends the Commission strike condition number 4 in its motion. Senior Planner Skelton pointed out
the applicant would like to install a metal roof on this shed, and staff has no objections to that as long as
it is a standing seam metal roof. The applicant has indicated he has no objections to the standing seam
roof.
Steve Kalinowski, applicant, stated it is their intention to replace a "junky" shed with a nice one; and
they want a metal roof so it will last 100 years. They prefer the steeper roof pitch because it looks better,
but it will still be shorter than the house. Mr. Kalinowski noted the new shed will be built on the existing
foundation, so it will not encroach any closer to the neighbors.
No one was present to speak in opposition of this application.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the Certificate
of Appropriateness requested by Steve and Audrey Kalinowski under Application No. 2-04086, to allow the
construction of an accessory structure on Lots 11 and 12, Block,C, Dawes' Subdivision; a portion of Lot 17,
Lindley and Guy's Addition; and a portion of vacated alley, with deviations from Section 18.16.050 of the
Bozeman Municipal Code, to allow structure to encroach 3.5 feet into required five-foot side yard setback
and nine feet into 20-foot rear yard setback, be approved subject to the fOllowing conditions:
1. That the applicants shall provide a sample color and materials palette, prior to
construction, for review and approval by the Planning Office prior to building permit
approval.
2. That the applicants provide a typical floor plan and exterior elevations of the
accessory structure verifying said dimensions, openings, height, materials, and roof
pitch for review and approval by the Planning Office prior to building permit approval.
3. That the applicants install horizontal siding, 6-inch or smaller in width, that the
roofing material either matches that of the existing residence or is a standing seam
metal, and that the exterior elevations are revised accordingly.
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4. 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.
5. 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 Krauss,
Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none.
Informal review - Beall Park Homes - oDtions for construction of (1) five attached town home
residential units or (2) four detached sinale-household units on lots located at northwest corner of
intersection of North Black Avenue and East Beall Street (1-04019)
Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub, dated
July 7, forwarding the two proposed options for development of the property located at the northwest corner
of the intersection of North Black Avenue and East Beall Street, legally described as Tract D-1-A and Tract
D-1-B, Block D, Plat B-40-B, Beall's Second Addition Amended.
Assistant Planner Kozub reviewed this request, noting the property has changed ownership since
the other proposals were submitted. In the spring, the Commission approved the five-lot preliminary plat,
rather than the seven-lot subdivision that was originally proposed last fall. The new property owner has
submitted an application with two development options and is seeking Commission input on both options.
Option 1 consists of five attached townhouse units, with each unit to the north stepped back to provide
maximum natural lighting and private yard space. The project would only need site plan review. The
second option consists of four detached cottage-style, single-household residences on undersized lots. A
common sidewalk in the rear would provide access to the shared garage off of the alley. This proposal
would first require a growth policy amendment and a zone map amendment. The City Planning Board
reviewed both designs and generally supported Option 1, attached townhouses, more because they felt the
attached living units would provide a good transition from downtown to the residential area to the north. The
Planning Board did, however, ask the applicant to consider commercial uses for this property to help expand
the downtown commercial district.
Commissioner Kirchhoff stated both these designs are great; but he is more interested in the
five-unit, attached townhouse design because it is eye catching and different, while the second design is
more traditional. He is not, however, able to find a downside with either design.
Commissioner Hietala said he likes the more urbanesque feeling of the attached townhouses, which
better fits the goal of infill development.
Mayor Cetraro agreed with the comments made by Commissioner Kirchhoff and Commissioner
Hietala.
Commissioner Krauss stated B-3 zoning had previously been discussed for this area because it is
really a part of the downtown, which is why he likes the townhouses. They fit in more with B-3 zoning and
feel "downtown".
Dennis Steinhauer, applicant, stated his intent of this informal review is to determine if the
Commission will allow him to play with the margins of what is considered attached and detached. Not a lot
of people want to live in attached dwellings with one long shared wall. He would like the flexibility, in terms
of Commission acceptance, to experiment with a different level of attachment by having smaller segments
of attached walls. He would like to avoid the lengthy growth policy amendment process and construct
townhouses on this property.
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Commissioner Kirchhoff responded there are a lot of attached units that are totally absorbed as soon
as they come on the market, and this project has a lot of advantages. He feels the Commissioners need
to be realists when it comes to defining attached living.
ADDointments to various boards and commissions: (a) City Plannino Board: (b) Community Alcohol
Coalition: (c) Community DeveloDment Block Grant Economic DeveloDment Loan Review
Committee: (d) Desion Review Board: (e) Downtown Bozeman ImDrovement District Board (lDB): (f)
Historic Preservation Advisorv Board: and (0) Zonina Commission
Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Karen
DeLathower, dated July 8, forwarding the list of applicants for these various board openings. Distributed
just prior to the meeting was a memo from Deputy Clerk of the Commission DeLathower, dated July 12,
providing additional information on the board openings and applicants.
City Planning Board. Mayor Cetraro announced his appointment of Dave Shepard to replace Sunny
McGee on the City Planning Board, with an initial term to expire on January 31,2006.
Community Alcohol Coalition. It was moved by Commissioner Krauss, seconded by Commissioner
Hietala, that Michael Harris be appointed as an interested citizen member on the Community Alcohol
Coalition, with a three-year term to expire on June 30,2007. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, and Mayor Cetraro; those voting
No being Commissioner Kirchhoff.
Community Development Block Grant Economic Development Loan Review Committee. No
applications were received.
Design Review Board. It was moved by Commissioner Hietala, seconded by Commissioner
Kirchhoff, that Carol Asleson be reappointed as the landscape architect on the Design Review Board, with
a two-year term to expire on June 30, 2006. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Hietala, Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro;
those voting No, none.
Downtown Bozeman Improvement District Board (lDB). It was moved by Commissioner
Kirchhoff, seconded by Commissioner Hietala, that Don Baide be appointed to replace Dick Prugh as a non-
voting member on the Downtown Bozeman Improvement District Board, with an initial term to expire on June
30, 2005. 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, none.
Historic Preservation Advisory Board. It was moved by Commissioner Krauss, seconded by
Commissioner Kirchhoff, that Liz Galli-Noble be appointed to replace Bart Manion as an at-large member, that
Brian Krueger be appointed to replace Thomas Bitnar as a professional member, that Ben Lloyd be
reappointed as a professional member, that Marie O'Neill be reappointed as a professional member, that
Dede Taylor be reappointed as an at-large member, that Michael Neeley be appointed as a professional
member, and that Dean Williamson be appointed to replace Liza Nicholas as an at-large member, all with
terms to expire June 30,2007. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No,
none.
Zoning Commission. It was moved by Commissioner Kirchhoff, seconded by Commissioner
Krauss, that Scott Hedglin be appointed to replace Sunny McGee on the Zoning Commission, with an initial
term to expire on January 31,2006. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Hietala, and Mayor Cetraro; those
voting No, none.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
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(1 ) Letter from Chris Furtak, 3945 Cascade, complaining about the fireworks being discharged
late at night. (2) Letter from Paul Furtak, 3945 Cascade, expressing his concerns about the types offireworks
being used and the manner in which they were being discharged on July 4.
(3) Copy of the North Rouse Avenue project update as prepared by Neighborhood Coordinator
Tracy Oulman.
(4) Headwaters Recycling newsletter, announcing the next meeting is scheduled for July 14 at
Three Forks.
(5) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 pm on
Monday, July 12, at the Willson School.
(6) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, July 13, at
the Courthouse.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 am on
Tuesday, July 13, at the Professional Building.
(8) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, July 13,
at the Professional Building.
(9) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 am on
Wednesday, July 28, in the Commission Room.
(10) Copy of an e-mail from Robin Sullivan to the Commissioners regarding a tour of the
Bozeman Creek watershed that was tentatively being planned for Thursday, July 15, from noon to 4:00 pm.
(11 ) Copy of a letter from Bob Ekeyand Kris Thomas requesting the public hearing on the
Matney Garage COA be postponed from July 26, 2004 until either August 2, 2004 or after August 16, 2004.
(12) Copy of a letter to the City Commission from the Advisory Council of the Bozeman Creek
Neighborhood Association supporting the efforts of the property owners on Ice Pond Road to reach
agreement on the realignment of Ice Pond Road and asking the Commission to work with the County
Commission to schedule the bridge construction for this fall.
During his FYI, Acting City Manager Brey noted the following: 1) Asked if any of the Commissioners
were interested in the Bozeman Creek watershed tour. The Commissioners all indicated they would be
unable to attend. 2) Presented a fireworks report, saying the Commissioners have copies of letters from
the Furtaks. The final report indicates there were 132 complaints filed, and 100 of those were gone before
the officers arrived. Fifteen citations were issued, along with 12 warnings. There were also several
unfounded events and cancellations. If the 15 citations are convicted, and the judge orders the minimum
fine of $100, the total revenue will be $1,500. The cost to the City in officer overtime was $1,015. The
question is whether the Commission and the community believes this year was better than previous years.
Last year there were 162 complaints. Commissioner Kirchhoff stated his own observation, in his
neighborhood, was that the onset of fireworks was slower this year, but there was no noticeable difference
on July 3, 4, or 5. It seems to him the improvement was from the time of the onset of sales to July 3rd.
Acting City Manager Brey acknowledged there were some instances of illegal fireworks on the allowable
days, but the ordinance was designed to kill the early fireworks discharge leading up to July 3rd. 3) The
Commission has received copies of a letter from Bob Ekey requesting the delay of the Matney garage COA
public hearing scheduled for July 26th. He is not sure the Commission can honor that request; and, at this
point, he is looking for Commission approval to determine if it is legal to delay a noticed public hearing. A
majority of the Commissioners indicated their approval. 4) The Commission has received a request to
become involved with the County Commission to delay the construction of the Ice Pond Road bridge until
fall. Commissioner Kirchhoff indicated his willingness to attend the meeting, if it is held on Tuesday
morning. Commissioner Krauss stated he hopes the County Commission can be persuaded to delay the
bridge construction for awhile, while imposing a "drop dead deadline" so the neighbors can agree and move
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forward. 5) Staff will start trying to identify how R-3 zoning impacts different sized annexations. If the
Commission receives requests for smaller annexations, they may want to determine on an ad hoc basis
what the densities should be until that information is provided. 6) There has been a Commissioner request
for staff to provide a better identification 0 f t he location of annexations, subdivisions, and zone map
amendments. In response to that request, GIS maps will now be incorporated into the Commission packets.
7) He will be out of the office on Friday and will be gone the week of July 26th, so he will not be at the
Commission meeting for the budget public hearing. Director of Finance Gamradt will be present for that.
During his FYI, Acting City Attorney Cooper noted the following: 1) He started getting calls from
interested parties shortly after the Commission voted to not create the Valley Center Road/North 19th
Avenue special improvement district. His suggestion to these parties was that, before they start doing
antagonistic things, they get together to get a cost share agreement. He has now heard that a couple of
people, who want to build out there, are now realizing the costs may be too large for one, two, or three of
the property owners and will instead come back to the Commission to try to modify their conditions of
approval to allow their developments to proceed notwithstanding the delay in completing the road
improvements. 2) He is keeping a list of suggested revisions to the Unified Development Ordinance.
Senior Planner Skelton offered the following FYI items: 1) The Planning Department, Recreation and
Parks Advisory Board, and City Park Department have bUdgeted for a new parks master plan. At the
second meeting, they determined the outline, format, and time schedule for writing the plan; and within the
next month, they will be working on the time schedule as far as a strategy to present the draft document to
the Commission for feedback. They are not sure if that will be done before or after the public outreach
forum. The Recreation and Parks Advisory Board is reluctant to go forward with a survey that the group has
put together, and they are looking at using a professional from the Montana State University campus to put
together the survey. The Recreation and Parks Advisory Board wants a more user-friendly document, and
they want it to be easy to implement with subdivision review. He should be able to provide the Commission
with a schedule next month. 2) Regarding requests for modifications, further development of phases of
Harvest Creek subdivision were prohibited until Durston Road is improved. What changed between the
original approval and the request for modification was, in this instance, the construction of Oak Street, which
has not been true for other developments. 3) The Laurel Glenn application is in, and they are waiting for
the traffic study.
Commissioner Krauss offered the following during his FYI: 1) Distributed a wellness proposal from
Gold's Gym wanting to offer the City the same deal it has with the Ridge fitness center. Acti ng City
Manager Brey noted they did make that request some time back, but this is not a year the City needs to go
out for requests for proposals because there is one year remaining with the Ridge. Commissioner Krauss
asked if there were any chance the City could award a dual contract. Acting City Manager Brey responded
that has not been looked at closely in the past. 2) The Recreation and Parks Advisory Board is very
concerned about the Bogert Park Farmer's Market, which is apparently contributing no money to the City
for the park, there are problems with parking, they have extended the setup and takedown time that
precludes the kids' triathalon, there is a small percentage of produce and a large percentage of crafts, there
are vendors on the lawn again, and they are not in compliance with Recreation and Parks Advisory Board
conditions. The Board questions what the City desires for the park; they favor family reunions, increased
use of the pool and water slide, the kids triathalon event, and increased use of the park pavilion. Currently
the pavilion is not being booked on Saturdays because of the Farmers Market. The Commission will be
receiving a letter of concern from the Recreation and Parks Advisory Board, which originally suggested not
allowing the market to be held. 3) He feels it is now time to revise the Unified Development Ordinance, and
he would like to see the Commission ask for input from users and anyone else who wants to comment. He
suggested using comment sheets to allow respondents to list the problem, how they would go about fixing
it, and any suggested language to be included in the ordinance that would fix that problem. A one month
response period was suggested by Commissioner Krauss. Particularly troubling to him is that the UDO
appears to be intent on denying R-1 zoning in new areas of the city. Commissioner Kirchhoff stated he
believes regulatory documents need to be revised from time to time; revisions need to be made so that the
documents suit the purpose they were intended to fulfill. The UDO has now been in effect six months, and
there are some areas that may need to be refined. However, the subcommittee working on revising this
document is obliterating and tweaking work that took years to be developed; and people need to be mindful
that when they are revising a regulatory document, it needs to be revised cautiously. He suggested
concerns should be cobbled together and reviewed together as a block every certain established time
period. Zoning changes shouldn't be granted "willy/nilly"; there needs to be rational reasons for making
07-12-04
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changes that will benefit the entire community. Commissioner Krauss stated he doesn't believe changes
should be driven by semantics or grammatical issues. Commissioner Kirchhoff noted one thing that needs
to be determined is what constitutes a bad policy, and how that determination is made. Commissioner
Krauss suggested comparing current policies to other cities within the state and find out how other people
are dealing with the same issue. Acting City Manager Brey stated his concern that there would be
simultaneous UDO processes going on without any coordination. He suggested this issue be added to the
July 26th agenda as a discussion item.
Commissioner Hietala offered during his FYI that he will be on vacation the week of July 19th and
will not be able to attend that meeting.
Adiournment - 9:40 pm
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, and Mayor Cetraro; those v ting , none.
ATTEST:
~si:v~~
Clerk of the Commission
PREPARED BY:
<~(Lli~ ~~~
KA EN L. DeLA OWE
Deputy Clerk of the Commission
07-12-04