HomeMy WebLinkAbout2003-06-02 Minutes, City Commission
______._____ _. ..__.m_
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 2, 2003
*****************************
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, June 2, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, 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 Johnson requested that the staff report and the resolution of intent to annex the
Swenson property be removed from this agenda and placed on next week's agenda.
Minutes - January 18. 2000. and April 28. Mav 12. Mav 19 and Mav 27.2003
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 28,
May 12, May 19 and May 27,2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3599 - pursuant to eminent domain orovisions. declarina
public purpose and use and authorizing City officials to proceed with
acauisition of right-of-wav along north side of Durston Road at North 8th
Avenue and North 11th Avenue extended
COMMISSION RESOLUTION NO. 3599
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
SUPERCEDING RESOLUTION NO 3532 AND PURSUANT TO BOZEMAN MUNICIPAL
CODE CHAPTER 11.01, EMINENT DOMAIN, DECLARING PUBLIC PURPOSE AND USE,
DESCRIBING THE PROPERTIES TO BE TAKEN AND AUTHORIZING CITY OFFICIALS
TO PROCEED.
Ordinance No. 1597 - establishina an initial zonina desianation of "R-2." Residential-
Sinale-familv. medium-density. on 2.1674 acres described as Tracts 1Aand2A.
COS No. E-9-C (southeast corner of intersection of Kaav Boulevard and
Sourdouah Road): finallv adoot
ORDINANCE NO. 1597
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-2" (RESIDENTIAL SINGLE FAMILY,
MEDIUM DENSITY DISTRICT) ON 2.167 ACRES LOCATED IN THE NEY.. OF SECTION
19, T2S, R6E, PMM, GALLATIN COUNTY, MONTANA.
Claims
It was moved by Commissioner Youngman, 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
06-02-03
n __.n___ _____.__. - _. n ....._.__.__._ ____._
- 2 -
being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and
Mayor Kirchhoff; those voting No, none.
Staff Dresentation re best manaaement Dractices for subsurface stormwater as reauired by Phase
" stormwater regulations
Project Engineer Karen Finke gave a presentation on the best management practices for subsurface
stormwater as required by the Phase II stormwater regulations. She noted that the Phase I stormwater
regulations were created under the Clean Water Act in the early 1990s and applied to municipalities with
over 100,000 population. The Phase II stormwater regulations were enacted in 1998 and contain two parts.
One part applies to municipalities with populations of 10,000 to 100,000; and the other part applies to
construction projects that affect more than one acre, triggering Environmental Protection Agency (EPA) and
State of Montana Department of Environmental Quality (DEQ) review at one acre rather than the previous
five-acre trigger. She stated that under these new regulations, the City of Bozeman was required to turn
in a Phase II permit application by the March 10, 2003, deadline. Since the City of Bozeman, Montana State
University and the Montana Department of Transportation are all subject to these Phase II stormwater
regulations, the three entities were co-permitted under one application, with the City of Bozeman taking the
lead.
The Project Engineer distributed copies of the six tables from the permit application that identify the
best management practices to be implemented in each of six minimum control measures identified by the
EPA and the DEQ. Those control measures include (1) public education and outreach, (2) public
participation and involvement, (3) illicit discharge detection and elimination, (4) construction site stormwater
runoff control, (5) post-construction stormwater management, and (6) pOllution prevention and good
housekeeping for municipal operation. She indicated that the best management practices to be
implemented over the next five years have been identified, along with target dates for each. Some of those
practices are ongoing while others are targeted for a specific year; and she has tried to ensure that practices
currently in place were identified so the City gets credit for what it's already doing. She acknowledged that
the Street Division will be responsible for implementing many of the best management practices; and one
of the key elements will be documenting those practices for the annual report that must be completed.
Mayor Kirchhoff thanked Project Engineer Finke for her presentation and for her years of service
to the City.
Continued Dublic hearing - Dreliminary plat for Alder Creek Subdivision. Phases I-V - subdivide
74.2569 acres located in the SE"h and the SW"h of Section 24. T2S. R5E. MPM. into 251 residential
lots. including 153 single-household lots and a zonina Dlanned unit develoDment containing 62
single-household lots and 36 two-household lots - C&H Enaineerina and Survevina. Inc.. for Mahar
Montana Homes (alono west side of South Third Avenue. between Allison Subdivision. Phase II and
Sacaiawea Middle Schoon (P-03010)
This was the time and place set for the continued public hearing on the preliminary plat for Alder
Creek Subdivision, Phase I-V, as requested by C&H Engineering and Surveying, Inc., for Mahar Montana
Homes under Application No. P-0301 0, to subdivide 74.256 acres located in the Southeast one-quarter and
the Southwest one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian,
into 251 residential lots, including 153 single-household lots and a zoning planned unit development
containing 62 single-household lots and 36 two-household lots. The subject property lies along the west
side of South Third Avenue between Allison Subdivision, Phase II, and Sacajawea Middle School.
Mayor Kirchhoff reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that the subject property is
bounded on the east by Westfield Subdivision and on the north by Allison Subdivision, Phase II; and
Sacajawea Middle School lies immediately south of the subject 74-acre parcel. Under this application, the
subject property is to be subdivided into 251 residential lots, with the eastern portion of the subdivision being
developed with 153 traditional single-household units and the western portion of the subdivision being
developed under a zoning planned unit development that provides for varying lot sizes and widths as well
as a combination of 98 single-family detached and attached units that allow for affordable housing. He
reminded the Commission that a plan for providing affordable housing was required as part of the
06-02-03
.... __.__...___..__n _ ._.._..._n...__.___n__ - n.___.___..___._
- 3 -
preliminary approval for annexation of the sUbject property, and this subdivision and the subsequent zoning
planned unit development allow for implementation of that plan.
The Senior Planner stated that staff has reviewed this application in light of the applicable criteria,
and staff's comprehensive findings are contained in the written staff report. He briefly summarized those
findings and forwarded staff's recommendation for approval, subject to 48 conditions. He then noted that
the City Planning Board conducted its public hearing at its May 20 meeting and, following consideration of
the staff report and public comment, concurred in the recommendation for approval with slight modifications
to three of the conditions proposed by staff.
Senior Planner Skelton stated that, in conjunction with this subdivision, the applicant is requesting
variances from Sections 16.14.030.B. and 16.14.030.D., to allow the streets to exceed the 400-foot
maximum for block lengths. He noted that the average block length in Phases I and II is 560 feet, with no
pedestrian crossing; and the average block length in Phases III, IV and V is 700 feet, with a pedestrian
cro~sing at mid-block. He indicated that the City Planning Board has recommended approval of those
vanances.
The Senior Planner noted that the Commission has reviewed various design proposals at early
stages of development, and the design in this formal application reflects public input as well as
Commissioner comments. He noted that the public park is located in the heart of the subdivision and is
designed to protect wetlands and vegetation along the mid-section ditch. The design also includes re-
establishment of the historic location of Figgins Creek and accommodates a third watercourse through the
western half of the property that provides water for the property to the north.
Senior Planner Skelton noted that 7.53 acres of dedicated parkland are required and, under this
application, 7.63 acres of parkland plus 4.5 acres of open space will be provided. A trail system is to be
developed within portions of the parkland dedication and will serve as an extension of the Gallagator Park.
The trail system also includes an east/west connection that will be extended to South 19th Avenue at some
time in the future, possibly along Cambridge Drive. The Senior Planner noted that all streets are to be
constructed to City standards, with the developer constructing Cambridge Drive to full City standards.
Senior Planner Dave Skelton briefly highlighted the issues discussed during the City Planning
Board's hearing, noting that much discussion revolved around the traffic study submitted and the mix of
uses. He stated that South 11 th Avenue is located as close to the mid-section line as possible, and that
street and the irrigation ditch and mature vegetation that are located on the mid-section line serve as a
transitional area between the traditional residential area and the planned unit development. He reminded
the Commission that Allison Subdivision, Figgins Subdivision and Westfield Subdivision are adjacent to the
east side of this subdivision and have been developed as traditional residential subdivisions. He noted that
the preliminary plat for this subdivision provides for a similar development pattern on the portion of the
property that would impact those subdivisions while providing a mix of uses on the western portion that
implements some of the goals of the Bozeman 2020 Community Plan. He drew the Commissioners'
attention to Addendum A to the preliminary plat application, which includes the urban implementation plan
and the affordable housing implementation plan. He acknowledged that the affordable housing plan needs
to be refined and noted the recommended conditions require that to be done prior to the final plat for Phase
IV.
Mr. Joe Mahar, applicant, thanked the Planning staff for their work on this project. He then noted
that several meetings with the Commissioners, Planning staff and the neighbors have resulted in what he
feels is a good project. He noted that approximately 600 people petitioned against the annexation and
development of this property when he submitted his initial application; however, through the meetings he
has had with the neighbors and his willingness to make the requested changes, it appears a majority of
those people now support the proposed development. He stated the proposal before the Commission is
the fifth generation and essentially reflects the input received. He voiced his intent to create a quality
subdivision, with a landscaped entrance, a nice streetscape and nice homes. He concluded by expressing
a strong desire to begin development in this subdivision as quickly as possible.
Ms. Holly Brown, attorney representing the applicant, noted that during the hearing before the
Planning Board, concern was expressed about the segregation of the affordable units and interest was
expressed in seeing those units spread throughout the subdivision. She stated that the affordable units are
to be integrated throughout the planned unit development portion of the subdivision rather than the entire
subdivision in response to the concerns expressed by those in the existing developments. She then
06-02-03
---- ...''''''.__....__....u__....,.... .......--.-
-.-- ~_.__.. .------ .. . ..__......".__._n_.. .......-....----
-4-
indicated that she has been in e-mail contact with Mr. Paul Peninger, the consultant who is preparing the
affordable housing policy for the City; and she is committed to working with him and the Community
Affordable Housing Advisory Board in refining the affordable housing implementation plan. She noted that
the recommended condition pertaining to this plan is acceptable; however, she would like to see it revised
to acknowledge the draft plan that has been submitted.
Mr. Brian Close, member of the City Planning Board, stated his problem was the lack of mix in the
housing types, citing the older parts of town and Baxter Meadows Subdivision as examples of where such
mixes work well. He expressed concern that, as a Planning Board member, he feels a significant amount
of pressure when considering a project that has been through three or four informal reviews before the
Commission. He suggested that having at least one member of the Planning Board involved in those
reviews could help to ensure that the Board provides the best advice possible.
Mr. Frank Palazzi, 3115 Fieldstone Drive, submitted a memo to him from his father-in-law, a
registered civil engineer in California, identifying concerns with the traffic study. He noted that the counts
were conducted in June and July, when school is out. Also, he questioned whether 30 percent of the traffic
will actually turn south out of the subdivision, stating he feels most of the traffic will go north. He also
expressed concern about the fact that two of the streets which access South 3rd Avenue are directly across
from houses in Westfield Subdivision, and suggested that the applicant be required to provide screening
to shield those homes. He concluded by suggesting that extension of a street to South 19th Avenue would
be more appropriate than dumping all of the traffic onto South 3rd Avenue.
Mr. Jeff Krauss, 508 Park Place, stated the neighbors generally support the zoning and the
development as proposed. He recognized the extent to which the applicant has worked with the neighbors
and encouraged him to be sensitive to the homeowners opposite the streets that intersect South 3rd
Avenue. He also voiced support for a trail along Cambridge Drive, noting it could tie into the trail through
Westfield Park and serve as a connector for extension of trails to the west. He asked that the Commission
consider a four-way stop at the intersection of South 3rd Avenue and Cambridge Drive to slow traffic near
Sacajawea Middle School and provide additional protection for pedestrians and bicyclists.
Mr. Carl Strozewski, 3215 Fieldstone Drive, thanked the applicant and his team and the City staff
for their work on this project. He recognized that the applicant has gone above and beyond what was
required to address the neighbors' concerns. He noted that residents of over 400 homes in the area had
previously asked that this development be consistent with the pattern that has been established in the area,
and it does so. He did express concern about one issue, and that is the timing for completion of various
streets in the area, including extension of at least one of those streets to provide another outlet besides
South 3rd Avenue.
Ms. Peggy Schwalm, 3251 Fieldstone Drive, stated that her property is one of those that will be
impacted by the headlights in this subdivision, and she anticipates that she will need to construct a fence
to lessen that impact. She expressed concern about the speed at which traffic travels on South 3rd Avenue
and noted that a four-way stop would help address that issue. She noted that there is already a traffic
problem in this area; and she is concerned about the safety of the Sacajawea Middle School students,
particularly since there is no crossing guard when those students leave after school activities. She voiced
concern that South 11 th Avenue may not be extended to Kagy Boulevard for up to eight years, which will
further compound the problem in the meantime.
Project Engineer Bob Murray stated that he reviewed the traffic impact analysis and found that the
adjustment to the traffic counts to accommodate school being in session was reasonable and noted that
the figures are consistent with those in other recent studies. He then turned his attention to the proposal
for a four-way stop at the intersection of South 3rd Avenue and Cambridge Drive, cautioning that it would
probably not meet warrants. He indicated that Engineering Assistant Andy Kerr has been asked to do a
speed study in the area and suggested that traffic volumes could be added to that study.
Commissioner Youngman asked what other options might be available to ensure safety in crossing
the street, suggesting that a pedestrian-activated light might be an expensive alternative.
Project Engineer Murray identified a dedicated crosswalk with bouncing ball lights as one possibility,
but cautioned that the bouncing balls are too often ignored. He acknowledged that a pedestrian-activated
traffic signal would be an alternative, but a very costly one. He then noted that having a crossing guard on
site is probably one of the better alternatives.
06-02-03
. ..... ..-..---..------- ....---..--.---
-5-
Responding to Mayor Kirchhoff, Project Engineer Murray stated that the traffic studies reveal the
level of service will not trigger the need for extension of arterials to disperse traffic from the subdivision.
He also cautioned that the extension of South 11 th Avenue or South 15th Avenue to the north or extension
of Graf Street or Cambridge Drive to the west requires crossing other people's property. He recognized that
the property to the north will probably be developed at some time in the future; however, there appear to
be no plans for development of the property to the west. As a result, the City would need to go through the
condemnation process and pay fair market value for the property. He cautioned that, at approximately $3.00
per square foot, the right-of-way for a 60-foot-wide road one mile long would be expensive; and the costs
of constructing the road would be in addition to that.
Mr. Robert Marvin, Marvin and Associates, stated his firm was retained by C&H Engineering to
conduct the traffic study. He acknowledged that conducting the traffic counts in June and July was
unfortunate timing, but stressed that those numbers were adjusted to accommodate the school traffic. He
noted that the results from traffic counts conducted recently were just made available today; and those
counts appear to be in line with the numbers in his traffic study, based on last year's counts. He stated that
travel time studies showed that traveling to the west end of town using South Third Avenue, Goldenstein
Lane and South 19th Avenue was as fast as using South Third Avenue and Kagy Boulevard. Based on that
information, the computer model suggested that 30 percent of the traffic will travel south rather than north
on South 3rd Avenue.
Mr. Marvin turned his attention to the proposal for installing four-way stop signs at the intersection
of South 3rd Avenue and Cambridge Drive, confirming that it would probably not meet warrants. He noted
that those warrants include equal volumes of traffic on all four legs and an excess of 1,000 vehicles during
peak hours. He suggested that a marked pedestrian crossing and bouncing ball flashers would be an
alternative to consider, although having a crossing guard is the best solution. He cautioned that pedestrian-
actuated traffic lights are currently experimental and can result in fatalities because of a false sense of
security. He also noted that with a four-way stop sign, drivers must monitor the traffic on the other three
legs and can lose sight of a pedestrian in their path.
Mr. Per Hjalmarsson, C&H Engineering, stated that the most recent traffic counts were taken from
May 23 to May 31. He briefly highlighted some of those numbers, noting that some were slightly higher than
the counts from June 2002 while others were slightly lower. He then indicated that his firm contracted with
Marvin and Associates for the study because it is a specialty item.
Senior Planner Skelton noted that this is the first subdivision south of Kagy Boulevard where smaller
lots are proposed. He encouraged the Commissioners to recognize that this subdivision is adjacent to three
established neighborhoods, and the plan for this subdivision is the result of those residents working with
staff, the applicant and the Commission. He also noted that creating a mixed use development is much
easier on 160 acres with no adjacent development than it is on 74 acres nestled into a substantially
developed area.
Commissioner Youngman noted that Condition No. 26 pertains to affordable housing and suggested
that it be strengthened by adding a sentence at the end to require a plan that results in guaranteed
affordability for at least 8 percent of the units through partnership with an organization that provides
affordable housing or through a yet-to-be-developed City program that makes the developer whole on those
affordable units. She acknowledged that the applicant has been cooperative and has developed a draft plan
without a lot of guidance from the City. She expressed concern that the draft plan provides less than 2
percent of the units at a guaranteed affordable rate, with four units committed at no more than 80 percent
of median income. She stated that, since the City asked for 8 to 12 percent of the units to be affordable
during the annexation process, she does not feel the draft plan is adequate. She also expressed concern
that the plan provides for first time affordability only rather than guaranteed affordability. She recognized
that the City does not yet have an affordable housing policy in place that provides tools to help a developer
provide affordable units without undue financial burden, but she anticipates such a plan will be in place
before development of Phase IV begins.
Senior Planner Skelton recognized that it is wise to acknowledge the addendum as a draft plan but
to not accept it as the final plan at this time.
Responding to Mayor Kirchhoff, Senior Planner Skelton noted that the same issues about the
impacts of headlights on adjacent residential units were raised during consideration of the later phases of
06-02-03
--- ----..----------------- n. ....._..___..__
-....--........-.-.--
- 6-
the Westfield South Subdivision. He cautioned that screening along a collector may be difficult, and it is
important to protect the vision triangles.
Planning Director Epple noted that, to be effective, screening would need to be installed along the
east side of South 3rd Avenue, but not in the right-of-way. He suggested that a fence on the property line
or planting of evergreens might be viable options.
Ms. Holly Brown, attorney representing the applicant, stated she does not believe putting screening
on the corners on the west side of South 3rd Avenue would be appropriate, particularly since it would block
visibility. She noted that the grid street system has been proposed in response to Commissioner comments,
and she is not certain how the impacts of those streets can be mitigated any further.
Ms. Brown stated she does not support the additional sentence on Condition No. 26 that has been
suggested by Commissioner Youngman. She noted the applicant particularly objects to the restriction of
working with another entity on an on-going basis to ensure that 8 percent of the units are affordable. She
expressed a willingness to work with Habitat for Humanity since that is done on a one-time basis; but she
noted they provide housing at an even lower level and it is not feasible to do 8 percent of the units at that
level. She noted that the sliding scale and limitation on sizes was the beginning effort to meet the affordable
housing requirement and cautioned that, since the units are either detached structures or duplexes, the
costs are higher than for larger structures such as four-plexes. She then noted that more than 25-percent
of the houses will be affected by the limits proposed, although only 2 percent are limited by price under the
draft plan.
Ms. Brown expressed a willingness to work with the City on different timing to address the issue.
She noted that annexation of the property will be coming before the Commission within the next couple of
weeks, and suggested that the housing plan could be discussed at that time or in conjunction with the final
plat for one of the earlier phases.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Responding to Commissioner Youngman, Mayor Kirchhoff voiced interest in addressing the
affordable housing condition through different timing rather than through the addition of the proposed
sentence.
Senior Planner Skelton suggested that Commissioner Youngman's concerns could be addressed
in conjunction with the annexation of this property, which he anticipates will occur within the next couple of
weeks.
Responding to questions from Ms. Holly Brown, Commissioner Youngman stated the Community
Affordable Housing Advisory Board is planning to bring back their recommendations on the final affordable
housing study document for Commission consideration by the end of June.
Responding to questions from Commissioner Cetraro, Senior Planner Skelton cautioned that if the
Commission wants to wait for adoption of its affordable housing plan, it will delay the annexation beyond
the one-year timeframe for which it has been approved; and the annexation agreement will include two
exhibits, one for the urban implementation plan and one for the affordable housing implementation plan.
He then noted that the annexation must be completed before filing of the final plat for Phase I, and
estimated that will take three to six months.
Commissioner Cetraro commended Mr. Maharforworking with the City on addressing the affordable
housing issue and for being ahead of the overall process for doing so.
Mayor Kirchhoff commended the applicant and his team for a job well done, recognizing their
patience has been well tested. He acknowledged that when implementing the Bozeman 2020 Community
Plan by providing a variety of housing types, it's "a downhill slide on raw ground and an uphill push with
development adjacent." He voiced his appreciation for the applicant's responses to the various requests
by providing a grid street system, streets around the park, protection for the water courses, and trail
corridors.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the preliminary plat
for Alder Creek Subdivision, Phase I-V, as requested by C&H Engineering and Surveying, Inc., for Mahar
06-02-03
-.-------.-..--- -. -.... .-- ..".--.----.-
----------- -.--.-- --.---..---.---- ---.--.....--..----.-. -
- 7 -
Montana Homes under Application No. P-03010, to subdivide 74.256 acres located in the Southeast one-
quarter and the Southwest one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal
Meridian, into 251 residential lots, including 153 single-household lots and a zoning planned unit
development containing 62 single-household lots and 36 two-household lots, be approved subject to the
following conditions:
1. Storm water Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan shall
include sufficient site grading and elevation information (particularly for the basin
site, drainage ways and finished lot grades), typical stormwater detention/retention
basin and discharge structure details, basin sizing calculations and a stormwater
maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot
runoff, public or private streets, common open space, parks, etc.) shall not be
located on easements within privately owned lots. The ponds on lots 117 and
241 shall be relocated.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the FSP for each lot.
2. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer,
shall be provided to and approved by the City Engineer and the Montana
Department of Environmental Quality. The applicant shall also provide professional
engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
3. All infrastructure improvements including 1) water and sewer main extensions, and
2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard
frontages or other non-lot frontages, and related storm drainage infrastructure
improvements shall be financially guaranteed or constructed prior to Final Plat
approval.
City standard residential sidewalks shall be constructed on all public street frontages
of a property prior to occupancy of any structure on the property. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owner
who has not constructed said sidewalk shall, without further notice, construct within
30 days said sidewalk for their lot(s), regardless of whether other improvements
have been made upon the lot. This condition shall be included on the plat and in the
covenants for the subdivision.
4. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
06-02-03
--------------- --- - ...,,_.________.__._m__
- .-. ...-------.----.--...-.....-..-.-. -
- 8-
5. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City
Engineer prior to aany construction within the delineated 100 year
floodplain.
b) Culvert sizing design calculations shall be provided for the floodplain
crossings.
6. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineers shall be contacted regarding the proposed
project, and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be
obtained prior to beginning construction.
7. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the
applicant regarding the proposed relocation, and any required
permits (Le., 310,404, turbidity exemption, etc.) shall be obtained
prior to beginning construction.
b. The applicant shall obtain written permission from the ditch owner
for the proposed ditch relocation.
8. Easements for the water and sewer main extensions shall be a minimum of 30 feet
in width, with the utility located in the center of the easement. In no case shall the
utility be less than 10 feet from the edge of easement.
9. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
10. Easements must be obtained from the property owner to the north for the offsite
sewer and water main extensions.
11. All alleys that provide primary access to lots shall be paved.
12. The alleys in Block 15 and 16 must either be widened to 30 feet, or the public
utilities relocated to the adjacent streets.
13. An all weather access road will be required for the sewer main in the park in Block
17, or the public utilities relocated to the adjacent streets.
14. A connection must be made between the water mains installed with this subdivision
and the existing water main that serves the school property to the south.
15. Cambridge Drive shall be constructed to a full City standard street with this
subdivision.
16. Prior to commencement of Phase III, sewer flow monitoring shall be performed to
determine if the addition of Phases III and/or IV will cause downstream capacity
problems in the collection system. If capacity problems are identified, those sections
of main shall be replaced with larger mains prior to filing of the final plat for the
additional phases.
17. That the subdivider develop the major subdivision with the installation of an
east/west public trail corridor in the general area identified on the Trails Map of the
Bozeman 2020 Community Plan that has the ability to connect with future trails west
of South 19th Avenue. Alternative locations through the major subdivision may be
considered as long as the subdivider demonstrates the ability for the trail corridor to
be extended further west, and that the final location be reviewed and approved by
Planning Office, with input from the Gallatin Valley Land Trust and Bozeman
06-02-03
---- ------ ----------- ---- --- ----- - - ------------------ ..-....-.------
-9-
Recreation and Parks Advisory Board, prior to submitting for final plat review and
approval of any phase of the major subdivision.
18. That prior to filing the final plat for Phase III the subdivider will install a perimeter
hedge along the property lines of all subdivision lots in Block 9 and Block 11 that
border the public parkland boundary in Phase III, and that the installation of
playground equipment be included with the improvements to the public park.
19. That the subdivider include in the parkland implementation plan provisions to
overseed the public park in Phase III with more native grasses prior to filing the final
plat for any phase of the subdivision, and that the maintenance plan require the
public park to be mowed several times during the summer until such time that it is
improved with Phase III.
20. That the subdivider install with final plat for Phase III pedestrian/bike trail
identification signs in accordance with Gallatin Valley Land Trust standards at both
sides of Brookdale Drive and Alder Creek Drive, and that the subdivider provide
typical details and specifications for the identification signs, for review and approval
by the Planning Office and Gallatin Valley Land Trust.
21. That the developer submits a formal development plan signed by a certified
landscape architect for the design of all dedicated parklands within said subdivision
for review and approval by the Superintendent of Facilities and Public Lands, and
the City of Bozeman Recreation and Parks Advisory Board. Details of plantings,
species, topography, irrigation system, and any permanent park features shall be
shown and discussed with the plan. Construction of the parkland improvements will
be to City standards and must be completed with City oversight. Improvements shall
be installed within all dedicated parklands according to the Implementation Plan and
schedule approved by the Superintendent of Facilities and Lands and the Recreation
and Parks Advisory Board.
22. That the applicant obtain written approval from the Superintendent of Facilities and
Public Lands of a park land implementation plan outlining installation of landscape
improvements, trail/bike path improvements, and maintenance and upkeep of the
park lands and trails, and that said implementation plan be noted accordingly in the
protective covenants and restrictions ofthe property owners' association documents,
for review and approval prior to final plat approval.
23. That public parkland boundaries bordering all private lots shall be delineated at the
common private/public corner pins, with flat, flexible fiberglass posts, as prescribed
in Section 16.14.100.F.3 of the subdivision regulations prior to filing of the final plat
for any phase of the major subdivision that contains dedicated pUblic parkland.
24. That the subdivider shall be responsible for installing sod, boulevard trees, and an
irrigation system in the public right-of-way boulevard strips along all external
subdivision streets and adjacent to subdivision parks or other common open space
or common areas.
25. That prior to submitting for final plat review and approval for any phase(s) of the
major subdivision the applicant will have formally executed the Annexation
Agreement and annexed said lands to the corporate limits of the City of Bozeman.
26. That the subdivider submit to the City Commission for review and approval an
"Affordable Housing Implementation Plan" that addresses the contingencies outlined
in the Annexation Agreement with the City of Bozeman, prior to submitting for final
plat review and approval of Alder Creek Subdivision, Phase IV.
27. That the applicant completes the contingencies and terms of approval for the zone
map amendment to establish municipal zoning designations on said property and
that the Zoning Ordinance be formally adopted by the City Commission, prior to
06-02-03
--.---- --.-.--.---.
-.-.-.-.-..-.--.-
- 10-
submitting for final plat review and approval of any phase(s) of said major
subdivision.
28. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final
plat review and approval. If the final plat of the subdivision is filed in phases, water
rights, or cash in-lieu thereof will only be required for each phase of the subdivision
that is being filed. The applicant shall provide payment of the calculated cash in-lieu
of water rights based on an amount determined by the Director of Public Service.
29. That the subdivider submit to the Planning Office an updated preliminary plat that
illustrates the final delineation of the wetland boundaries for the major subdivision
along with written documentation prior to final plat approval for any phase of the
subdivision that outlines the conclusions of the jurisdictional wetlands study and
whether or not Section 404 permits are applicable with this subdivision.
30. That all dedicated parkland(s) be identified on the final plat as "Public Park," that all
private parks, stormwater runoff facilities, and trail corridors that are not dedicated
to the public be identified as "Common Open Space," owned and maintained by the
homeowners' association, and that it be noted accordingly on homeowners'
association documents, for review and approval by the Planning Office. All linear
trail corridors that are not dedicated to the public will be located in a minimum of 25-
foot wide public access easement, owned and maintained by the homeowners'
association, and noted in the association documents.
Stormwater retention facilities integrated into the dedicated parkland and common
open space areas shall be designed and installed as irregular shaped features,
properly landscaped, with depths of not more than 1 ~ to 2 feet in depth and side
slopes of not more than 1:4 (horizontal to vertical fall, or 25%). All stormwater
facility outlet structures will be properly landscaped and a minimum distance of not
less than ten (10) from any watercourse high water mark. A landscape plan for all
private parks, trail corridors, and stormwater facilities shall be included with the
parkland improvements, including any proposal for landscape furniture, lighting, and
street pedestrian crossings, for review and approval by the Planning Office.
31. That South 11 th Avenue is constructed to a collector road standard with 1 O-foot wide
pedestrian/bike boulevard trails and on-street parking on both sides, with a 14-foot
turning lane/raised median, as prescribed in the Greater Bozeman Area
Transportation Plan 2001 Update.
32. That the subdivider install pedestrian crosswalk pavement markings (i.e., concrete
pavers, scored concrete, or raised walkways) and signage for all pedestrian and bike
pathway crossings with pUblic streets including Hidden Spring and Alder Creek
between the two portions of the large park, and that the subdivider submit plans and
specifications of said crossings for review and approval by the City Engineer's Office
and Planning Office, prior to final plat approval for said phases that propose
intersections of pedestrian/bike pathways with vehicular movement.
33. All pedestrian/bike pathways proposed with the subdivision will be constructed to a
Class II standard, unless otherwise approved by the Recreation and Parks Advisory
Board, that all pedestrian/bike pathways not located in dedicated parkland will be
located in a minimum 25-foot wide public access easement, and noted accordingly
on the final plat and in the homeowners' association documents. A typical cross
section of the public trail shall be included in the landscape guidelines and will
include trail specifications, typical landscape guidelines, and site grading plans for
review and approval prior to final plat approval.
34. That all the subdivision blocks within the subdivision plat separated by dedicated
public rights-of-way shall be clearly delineated using individual block numbers with
each block containing its own group of lot numbers.
06-02-03
. ..- -.. ---.."........-.----- n_ ._.__._____
---.-..----..- . -.......-..-......---- .--.- ---.. -.--..-.-. -...
- 11 -
35. That prior to proceeding with any significant ground disturbance or installation of
municipal infrastructure and/or streets, the subdivider shall provide the Planning
Office with a Cultural Resource Inventory determining if any unknown or unrecorded
cultural resources exist on the site in question and if such sites do exist, whether or
not they will impacted by the development of said lands.
36. The subdivider shall obtain approval from the City Engineer's Office for the location
of all mailboxes within public right-of-way prior to proceeding with installation.
37. That street lighting shall be incorporated into the subdivision by one of the following:
a) applicant shall install adequate street lighting throughout the subdivision. Lighting
shall be maintained by means of the Homeowners' Association through Protective
Covenants; or b) applicant shall participate in a Street Lighting Improvements
District. Street lighting will provide the necessary lighting in accordance with
applicable national safety standards consistent with the preservation of dark skies.
All subdivision lighting provided shall conform to Section 18.50.035 "Glare and
Lighting" of the Bozeman Zoning Ordinance. Details and specifications (cut sheets),
including bulb type and size, and locations shall be provided with the final plat and
subject to review and approval by the Planning and Engineering Departments.
In addition to current city standards, all outdoor lighting, residential, commercial or
otherwise, shall be free of glare, and shall be fully shielded or shall be indirect
lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch
lights or unshielded lights shall be permitted. No mercury vapor lights shall be
permitted. Alley lights shall be fully shielded lights. Covenants of the development
shall reflect these restrictions. For purposes of this paragraph, the following
definitions shall apply:
a) Fully shielded lights: Outdoor light fixtures shielded or constructed
so that no light rays are emitted by the installed fixture at angles
above the horizontal plane as certified by a photometric test expert;
b) Indirect light: Direct light that has been reflected or has scattered off
of other surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see, and in extreme cases, causing
momentary blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or
object by any man-made device located outdoors that produces light
by any means."
38. That the Declaration of Covenants, Conditions, and Restrictions for the property
owners' association include Developmental Guidelines containing the architectural
and landscape guidelines submitted with the preliminary plat application and
preliminary P.U.D. plan application, as well as the recommended revisions,
corrections, and additions discussed by the Planning Staff on pages 18-19 of the
staff report, and that the applicant broaden the color palette and materials for the
homes in the Developmental Guidelines to bring them into compliance with the
Bozeman 2020 Community Plan to allow creativity, diversity, and individuality, for
review and approval by the Planning Office prior to submitting for final plat review.
39. That the final plat contain a notation stating that all downstream water user facilities
will not be impacted by this subdivision and that it also be noted accordingly in the
by-laws and protective covenants for the homeowners' association.
40. That the final plat shall comply with Section 16.08.070 "Final Plat" and Chapter
16.32 "Certificates" of the City of Bozeman Subdivision Regulations, and shall
conform to all requirements of the Uniform Standards for Final Subdivision Plats
including provisions for all appropriate certificates and language, certification from
06-02-03
---- ---------------------- ------- ------------- .. _....__ _......__n.._.____.__ - _n_ __..____..__
- 12 -
the City Engineer that as-built drawings for public improvements were received, and
accompanied by all appropriate documents, including a Platting Certificate. Four (4)
mylar copies of the final plat must be submitted for final plat approval, along with two
(2) digital copies of the final plat, on a double-sided, high-density 3Y:z-inch floppy
disk; and five (5) paper prints.
41. That the applicant obtain Montana Department of Environmental Quality approval
of the subdivision prior to final plat approval pursuant to Section 16.16.101 through
16.16.805 A.R.M.
42. That the applicant provide with the application for final plat review and approval a
copy of a signed Memorandum of Understanding with the Gallatin County Weed
Control District.
43. The final plat shall provide public utility easements along all front, side and rear lot
lines as required by Section 16.14.050 "Easements" of the subdivision regulations.
However, in the event front and/or rear yard utility easements are used, side rear
yard easements must still be provided on the plat unless written confirmation is
submitted to the Planning Office from all utility companies and Director of Public
Service indicating that front and rear yard 1 O-foot wide easements are adequate to
service said subdivision lots. The easement notation required in Section
16.14.050.B.4 of the Bozeman Subdivision regulations shall also be provided on the
final plat.
44. That the final plat contain the following language that is readily visible with lettering,
at a minimum height of 1/4-inch, placing future landowners of individual lots on
notice of the presence of high groundwater in the area of the subdivision for review
and approval by the Planning Office:
"Due to the potential of high ground water tables in the areas of the
subdivision, it is not recommended that residential dwellings or
commercial structures with full or partial basements be constructed
without first consulting a professional engineer licensed in the State
of Montana and qualified in the certification of residential and
commercial construction."
Prior to submitting a final plat application to the Planning Office for each phase(s)
of the subdivision the subdivider shall provide monitoring well data reports,
documented through the peak irrigation season, to determine if restrictions on partial
and/or full basements is necessary with each phase should the report contain
evidence of the average ground water table being within 3-5 feet of the surface.
45. The subdivider shall ensure that all construction material and other debris is
removed from the subdivision prior to final plat approval, or prior to release of said
financial guarantee, if an Improvements Agreement is necessary with the final plat.
46. That the developer shall enter in an Improvements Agreement with the City of
Bozeman guaranteeing the completion of all improvements in accordance with the
preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to installation of all improvements, the developer shall supply the City of
Bozeman with an acceptable method of security equal to one hundred fifty (150)
percent of the cost of the remaining improvements.
47. That the developer shall have three (3) years from the date of preliminary plat
approval to complete the conditions of preliminary plat approval and apply for final
plat approval. At the end of this period the City Commission may, at the written
request of the subdivider, extend its approval for a period of no more than one (1)
calendar year except that the City Commission may extend its approval for a period
of more than one (1) year if that approval period is included as a specific condition
of a written subdivision improvements agreement between the City Commission and
06-02-03
.....n.____
-13-
the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision
Regulations.
48. That the applicant submit with the application for final plat review and approval of
Alder Creek Subdivision, Phase I-V, a written narrative stating how each of the
conditions of preliminary plat approval has been met or satisfactorily addressed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
Continued Dublic hearina - Conditional Use Permit for Planned Unit DeveloDment - Alder Creek - C&H
Enaineerina and Survevina. Inc.. for Mahar Montana Homes - allow construction of 62 detached
sinale-familv dwellina units and 36 attached sinale-household units in Alder Creek Subdivision.
located in the SE14 and the SW14 of Section 24. T2S. R5E. MPM. with relaxations from Section
18.20.030. Bozeman MuniciDal Code. to reduce the lot area to less than 7 .000 sauare feet and reduce
the lot width to less than 70 feet. and from Section 18.20.040. to increase the lot coveraae to more
than 40 Dercent for DrinciDal and accessory structures (along west side of South Third Avenue.
between Allison Subdivision. Phase II and Sacaiawea Middle School) (Z-03057)
This was the time and place set for the continued public hearing on the Conditional Use Permit for
the Alder Creek Planned Unit Development, requested by C&H Engineering and Surveying, Inc., for Mahar
Montana Homes under Application No. Z-03057, to allow the construction of 62 detached single-family
dwelling units and 36 attached single-household units in Alder Creek Subdivision, located in the Southeast
one-quarter and the Southwest one-quarter of Section 24, Township 2 South, Range 5 East, Montana
Principal Meridian, with relaxations from Section 18.20.030 of the Bozeman Municipal Code, to reduce the
lot area to less than 7,000 square feet and reduce the lot width to less than 70 feet, and from Section
18.20.040, to increase the lot coverage to more than 40 percent for principal and accessory structures. The
subject property lies along the west side of South Third Avenue between Allison Subdivision, Phase II, and
Sacajawea Middle School.
Mayor Kirchhoff reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that under this application,
development of the western portion of the subdivision approved in the above agenda item will include some
lots under 7,000 square feet in size and some lots with less than a 70-foot width. He noted that this will
allow for a mix of uses and some affordable units.
Senior Planner Skelton stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the written staff report. He then forwarded
staff's recommendation for approval, subject to nine conditions. He also noted that the Development
Review Committee and the Design Review Board have reviewed this application and concur with staff's
recommendation.
Mr. Mahar indicated he had nothing to present at this time, but indicated a willingness to respond
to questions.
No one from the public spoke in support of or in opposition to this application.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Conditional
Use Permit for the Alder Creek Planned Unit Development, requested by C&H Engineering and Surveying,
Inc., for Mahar Montana Homes under Application No. Z-03057, to allow the construction of 62 detached
single-family dwelling units and 36 attached single-household units in Alder Creek Subdivision, located in
the Southeast one-quarter and the Southwest one-quarter of Section 24, Township 2 South, Range 5 East,
Montana Principal Meridian, with relaxations from Section 18.20.030 of the Bozeman Municipal Code, to
reduce the lot area to less than 7,000 square feet and reduce the lot width to less than 70 feet, and from
Section 18.20.040, to increase the lot coverage to more than 40 percent for principal and accessory
structures, be approved subject to the following conditions:
06-02-03
---- ......--
- 14-
1. That the subdivider install pedestrian crosswalk pavement markings (i.e., concrete
pavers, scored concrete, or raised walkways) and signage for all pedestrian and bike
pathway crossings with public streets, and that the subdivider submit plans and
specifications of said crossings for review and approval by the City Engineer's Office
and Planning Office, prior to final plat approval for said phases that propose
intersections of pedestrian/bike pathways with vehicular movement.
2. All pedestrian/bike pathways proposed with the subdivision will be constructed to a
Class II standard, unless otherwise approved by the Recreation and Parks Advisory
Board, that all pedestrian/bike pathways not located in dedicated parkland will be
located in a minimum 25-foot wide public access easement, and noted accordingly
on the final plat and in the homeowners' association documents. A typical cross
section of the public trail shall be included in the landscape guidelines and will
include trail specifications, typical landscape guidelines, and site grading plans for
review and approval prior to final plat approval.
3. That the developmental guidelines for the homeowners' association documents
include the colored renderings of the residential dwellings submitted with the
application along with a written narrative outlining the key architectural features and
components to be implemented in the planned unit development.
4. That the applicant expand on the protective covenants and restrictions for the
homeowners' association documents to include in the architectural and landscape
guidelines a written narrative supported by architectural sketches that addresses
roof forms, scale, mass, facade and fenestration treatment, placement of garages,
covered porches, broken roof forms and use of dormers, etc., for review and
approval prior to final site plan approval.
5. That the homeowners' association documents be recorded and filed at the Gallatin
County Clerk and Recorder's Office with the final plat and prior to final site plan
approval for the residential planned unit development.
6. That the pedestrian cross walks be constructed of pavers, scored concrete, or
similar materials, and noted accordingly on the site plan for review and approval,
prior to final site plan approval.
7. Building permits may not be issued until the Planning Office has approved the final
subdivision plat for the residential P.U.D. component of the major subdivision, and
all required infrastructure and street improvements for said residential subdivision
have been installed, inspected and accepted by the City of Bozeman.
a. That the applicant provide seven (7) copies of the final site plan and supplemental
document containing the streetscape profiles, architectural design, building footprint,
elevations, floor plans, and landscape features prior to final site plan approval.
9. That the applicant submit a written narrative with the final P.U.D. plan outlining how
each of the conditions of approval has been addressed.
The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting
No, none.
Public hearing - variance from Section 18.50.060.C. Bozeman Municipal Code. to allow sunroom
addition to encroach into 25-foot corner side vard setback - Donald and Judith Mathre. 731 South
12th Avenue lC-03002)
This was the time and place set for the public hearing on the variance from Section 1a.50.060.C.,
ofthe Bozeman Municipal Code, as requested by Donald and Judith Mathre under Application No. C-03002,
to allow a sunroom addition to encroach 12 feet into the required 25-foot corner side yard setback on Lots
06-02-03
-- -----..-.------
.-- _... _._...u........_.__. __
-15-
10 and 11 and the east 15 feet of Lot 12, Glendale Rearrangement of Westside Addition. The subject
property is located at 731 South 12th Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Jami Morris submitted a letter requesting that the public hearing be continued to
June 16 due to advertising errors.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public
hearing be continued to June 16, per staff's request. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala,
Commissioner Brown and Mayor Kirchhoff; those voting No, none.
Continued public hearina - Zone Map Amendment - amending zoning from "BP" to "B-2" and "R-3"
on :!:130 acres described as Tract 4 and a portion of Tract 2. CDS No. 2202 - Baxter Meadows
Development (northwest of intersection of Baxter Lane and Davis Lane) (Z-03090)
This was the time and place set for the continued public hearing on the Zone Map Amendment
requested by Baxter Meadows Development under Application No. Z-03090, to amend the zoning from
"BP," Business Park, on :1:130 acres described as Tract 4 and a portion of Tract 2, Certificate of Survey No.
2202, to "B-2," Community Business, on :1:125 acres and to "R-3," Residential-Medium-density on :t5 acres.
The subject property is located northwest of the intersection of Baxter Lane and Davis Lane.
Mayor Kirchhoff reopened the continued public hearing.
Planning Director Andy Epple noted that several questions were raised at last week's meeting, and
Contract Planner Lanette Windemaker forwarded those questions to Associate Planner Chris Saunders for
response.
The Planning Director noted that the Bozeman 2020 Community Plan identifies the subject parcel
as community commercial, and stressed that under this growth plan those commercial developments are
to be center based rather than corridor based. He stated that development under this land use designation
includes neighborhood commercial and community commercial, but not regional commercial. He indicated
that the requested "R-3" zoning on a small portion of the site is acceptable since the land use designations
are designed with soft edges.
The Planning Director reminded the Commission that the "BP" zoning designation was requested
during the annexation and initial zoning processes because, at that time, plans for development of the
property were not yet finalized and the applicant was actively courting Zoot Enterprises. Since that time,
Zoot has chosen to locate elsewhere, the Bozeman 2020 Community Plan has been adopted, and the
applicant has more definitive plans for mixed use development of this community center. He stated that the
existing "BP" zoning designation does not comply with the community commercial land use designation and,
under State statute, the zoning must be in compliance with the land use designation.
Mayor Kirchhoff noted that one of his concerns is maintaining a balance between the community
and its core, stating he does not want to allow leakage of the core's vitality to outer areas.
Planning Director Epple responded that much of the Bozeman 2020 Community Plan is based on
anticipated population growth, and it is projected that the added population in conjunction with added
commercial development will help to ensure the downtown area remains vibrant. He reminded the
Commission that 500 housing units within one-half mile of this site are currently in the review process; and
over 800 housing units are proposed within the Baxter Meadows Subdivision.
Further responding to Mayor Kirchhoff, the Planning Director stated a neighborhood commercial
zoning designation would not accommodate some of the development proposed within this area, citing the
recently-approved 40,000-square-foot Trakker Building as an example. He noted the "B-2" zoning will not
preclude small-scale development and will allow the larger scale development as well. He then reminded
the Commission of the initial power point presentations, which reflected the desire for a pedestrian-scale
neighborhood environment.
06-02-03
--.-.----
----..-..--.-
- 16 -
In response to comments from Mayor Kirchhoff, the Planning Director confirmed that development
within this subdivision will be subject to the covenants and design standards for the subdivision as well as
the City's zoning and development requirements.
Responding to Commissioner Cetraro, Planning Director Epple stated that the statutes relating to
resort status are complicated, and he is unsure that such status could be acquired for this property. After
review of the State statutes, City Attorney Paul Luwe indicated that an area applying for resort status mAY
not be located in a quota area for liquor licenses, which is within an incorporated city or within five miles ot
that city.
Further responding to questions from Commissioner Cetraro, Planning Director Epple reiterated that
the current "BP" zoning is not in compliance with the land use designation in the Bozeman 2020 Community
Plan and must, therefore, be changed. He noted that in September 2002, the Commission conducted an
informal review for the Trakker Building and proposed rezoning of this parcel. At that time, the developer
proposed a "B-3" zoning designation; however, staff and the Commission indicated a "B-2" zoning
designation would be more appropriate, to ensure that development of this property does not compete with
the downtown. This is now the formal application for rezoning, based on that previous review.
Responding to Commissioner Brown, Planning Director Epple stated that at last week's meeting,
one of the Commissioners requested the decision be delayed for one week, which gave an opportunity for
staff to respond to the issues and questions raised.
Responding to Commissioner Cetraro, the Planning Director stated that if the Commission makes
a conscious decision to not modify the zoning, then the land use designation in the Bozeman 2020
Community Plan must be amended. He then urged the Commission to not amend the language for "BP"
to allow commercial uses, but to provide a commercial zoning designation if that is the type of development
they wish to see.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Hietala voiced concern about the requested "B-2" zoning, stating he feels that 25
square blocks of "B-2" zoning will create some unintended consequences of the Bozeman 2020 Community
Plan.
Commissioner Cetraro expressed his concurrence with Commissioner Hietala's comments.
Commissioner Youngman responded that very careful thought was given in developing the Bozeman
2020 Community Plan, and it was designed to accommodate this type of rezoning. She then noted that
development of this property under the "B-2" zoning could still include high tech operations, not just typical
retail development. She acknowledged that it seems this parcel of commercial is too far out for that type
of development; however, she noted that as the community grows, it will become more appropriate and will
probably develop at that time rather than immediately.
Commissioner Cetraro expressed his concern with the changes that have been requested since the
initial development was approved in 2001 , stating he feels it is more appropriate for the site to be developed
as initially proposed than to have constant change.
Mayor Kirchhoff noted that the applicant's first plans fell through and changing the zoning as
requested accommodates his new business plan. As a result, he supports the requested zone change.
Commissioner Brown stated he has no problem with the proposed rezoning, particularly in light of
the large number of housing units that are anticipated in this area.
Commissioner Youngman noted that even the initial plans for development of this subdivision
included commercial development on this subject parcel, and the Commission has been supportive of that
proposal from the beginning. Because the type of development was not yet known, however, the
Commission felt that an initial "BP" zoning was appropriate until more concrete plans had been identified
and recognized the zoning would need to be changed to accommodate that development. She then noted
that the Commission chose to annex the sUbject property and take steps to support its development to
ensure that it did not develop in the county. She stated that, while she shares many of the concerns
06-02-03
-- ..._-~..- ._.__...___u___ -... - --.--.-
- 17 -
identified by Commissioner Hietala and Commissioner Cetraro, she feels it is important to remember the
history of the project.
It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Zone Map
Amendment requested by Baxter Meadows Development under Application No. Z-03090, to amend the
zoning from "BP," Business Park, on :!::130 acres described as Tract 4 and a portion of Tract 2, Certificate
of Survey No. 2202, to "B-2," Community Business, on :f:125 acres and to "R-3," Residential-Medium-
density on :!::5 acres, be initially approved; and that staff be directed to bring back for Commission
consideration an ordinance enacting the zone map amendment upon fulfillment of 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 "Baxter Meadows," an 8~-
inch by 11-inch or 8~-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 re-
zoned, which will be utilized in the preparation of the ordinance to officially amend
the City of Bozeman Zoning Map.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner
Cetraro.
Public comment
Mr. Brian Close, 406 East Olive Street, asked that the City Planning Board be informed of
Commissioner comments during informal reviews; Planning Director Epple responded a process has been
implemented to do so.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Copy of a letter from City Engineer Rick Hixson to Charleen Mcinnis, dated May 28,
responding to questions regarding stormwater detention ponds for Ferguson Meadows Subdivision.
(2) Copy of a letter from Director of Public Service Debbie Arkell to Hallie Rugheimer, dated May
23, responding to information provided regarding recent accidents on Story Mill Road.
(3) Updated list of planning projects to be considered at upcoming Commission meetings, dated
May 29.
(4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 3,
at the Belgrade City Hall.
(5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, June 3, at the Professional Building.
(6) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning
Board meeting to be held at 7:30 p.m. on Tuesday, June 3, in the Commission Room.
(7) City Manager Johnson submitted the following. (1) Announced that fact finding for the
firefighters will be conducted on Thursday and Friday. (2) Stated he will be attending the Greening of
Montana Conference next Wednesday through Friday and will then be out of town on Saturday through
Tuesday.
06-02-03
. ---.-------
-18-
(8) Planning Director Epple stated the staff review version of the Unified Development
Ordinance has been printed and is also available online. He noted that a work session with the Commission
has been scheduled for June 9, and a synopsis of the document will be included in the Commissioners'
packets.
(9) Director of Public Service Debbie Arkell submitted the following. (1) Announced that the
Locati building project is underway, and the result is dump trucks traveling down North Broadway Avenue,
East Peach Street, North Wallace Avenue and L Street as they remove dirt from the site. She noted that,
since about twelve trucks are being used, the result is a steady stream of trucks along those streets for all
of this week. (2) Announced that John Alston has been selected as the Water/Sewer Superintendent. (3)
Reminded the Commission that a going away party is being held on Friday, June 6, for three departing
employees, Project Engineer Karen Finke, Project Engineer Dave Koltz, and Water Meter Foreman Ray
Hedglin. (4) Reported on the household hazardous waste event on Saturday. She noted that 601 vehicles
went through the gates during the 6-hour period. A roll-off dumpster was completely filled with old
computers and televisions, and those items will be taken to Pacific Steel in Helena on Saturday. Also, over
500 batteries were collected and have been picked up by NAPA; and over 800 gallons of waste motor oil
was collected in 21f2 hours. She noted the cost of this event last year was $30,000 and the costs of this
year's event are not yet known. (5) Announced that she will be attending a meeting on June 16 to discuss
the potential of an SID/RID for major road improvements adjacent to the 100-acre park site.
(10) Commissioner Hietala reported on a telephone call he received from Jacqueline Katz
regarding her desire to see more reliable hours at Bogert Pool. He asked if the Commissioners would like
to see the pool staffed during all open hours, even if the pool has been closed due to inclement weather;
three of the Commissioners expressed interest in doing so.
City Manager Johnson indicated that he will take the steps necessary to ensure that the pool is
properly staffed.
Adjournment - 10:00 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
ATTEST:
~J~
R IN L. SULLIVAN
Clerk of the Commission
06-02-03
-- ----------------