HomeMy WebLinkAbout2003-02-18 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 18, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Tuesday, February 18, 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, Staff
Attorney Tim Cooper and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Minutes - January 18. 2000. November 22. 2002 and January 27 and February 10. 2003
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
ofthe meeting of January 27,2003, be approved as submitted. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown,
Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, November 22,
2002, and February 10, 2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Ordinance No. 1586 - amending Sections 18.20.030. 18.24.030. 18.26.040. 18.30.060
and 18.38.060. Bozeman MuniciDal Code. re numerical dwelling density limits
in sDecified residential zonina districts and height limits in sDecified business
districts: finallv adopt
ORDINANCE NO. 1586
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTIONS 18.20.030, 18.24.030, 18.26.040, 18.30.060, AND 18.38.060; NUMERICAL
DWELLING UNIT DENSITY LIMITS IN RESIDENTIAL MEDIUM DENSITY, RESIDENTIAL
HIGH DENSITY AND RESIDENTIAL OFFICE DISTRICTS, AND HEIGHT LIMITS IN
COMMUNITY BUSINESS, AND BUSINESS PARK DISTRICTS.
Ordinance No. 1587 - amendina the zonin9 designation from "M-1" to "R-O" and
"R-4" on 33.20 acres located in the NE"./.& of Section 7 and the NW"./.& of Section
8. T2S. R6E. MPM (east of North Broadway Avenue at East Mendenhall
extended): finally adoDt
ORDINANCE NO. 1587
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "M-1"
(LIGHT MANUFACTURING) TO "R-O" (RESIDENTIAL OFFICE DISTRICT) AND "R-4"
(RESIDENTIAL HIGH DENSITY DISTRICT) ON 33.20 ACRES LOCATED IN THE
NORTHEAST QUARTER OF SECTION 7, AND NORTHWEST QUARTER OF SECTION
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8, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN
COUNTY, MONTANA.
Authorize City Manager to sign - Annexation Aareement with James W. Bentley for
annexation of 8.2 acres located in the W%. E%. SE%. SW% of Section 35.
T1S. R5E. MPM (north side of Baxter Lane. west of Thomas Drive)
Commission Resolution No. 3578 - annexina 8.2 acres located in the W%. E%. SE%.
SW% of Section 35. T1 S. R5E. MPM (north side of Baxter Lane. west of
Thomas Drive)
COMMISSION RESOLUTION NO. 3578
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT.
Ordinance No. 1588 - establishing an initial municiDal zonina designation of "R-3" on
8.2 acres located in the W%. E%. SE%. SW% of Section 35. T1 S. R5E. MPM
(north side of Baxter Lane. west of Thomas Drive): Drovisionallv adoDt and
brina back in two weeks for final adoDtion
ORDINANCE NO. 1588
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-3" (RESIDENTIAL, MEDIUM DENSITY
DISTRICT) ON 8.2 ACRES LOCATED IN THE WEST HALF OF THE EAST HALF,
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP
1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN.
Authorize City Manaaer to sign - Annexation Agreement with Kellv and Renon Wood
for annexation of 2.564-acre Darcel described as Lot 7. Block I. Walker
ProDertv PUD (101 Gibson Drive)
Commission Resolution No. 3579 - annexina 2.564-acre Darcel described as Lot 7.
Block I. Walker ProDertv PUD (101 Gibson Drive)
COMMISSION RESOLUTION NO. 3579
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN TRACT OF LAND, HEREINAFTER
DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN, AND THE
EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE
SAID TRACT.
Ordinance No. 1589 - establishina an initial municiDal zonina desianation of "R-2" on
2.564-acre Darcel described as Lot 7. Block I. Walker ProDertv PUD (101
Gibson Drive)
ORDINANCE NO. 1589
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-HOUSEHOLD,
MEDIUM-DENSITY DISTRICT) ON LOT 7, BLOCK 1, WALKER PROPERTY
SUBDIVISION, 2.564 ACRES LOCATED IN THE SW% OF SECTION 25, T1S, R5E, PMM,
GALLATIN COUNTY, MONTANA.
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Authorize City Manager to sian - Consent for assignment and transfer of Easement
Aareement from TCI Cablevision of Montana to Bresnan Broadband Holdinas.
LLC (across City Darkland in New Hyalite View Subdivision between Cherry
Drive and Ash Drive)
Acknowledge receiDt of Detition for creation of a sDecial imDrovement district to
finance imDrovements on North 11th Avenue between West Oak Street and
Baxter Lane: refer to staff
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
Public hearing - Certificate of ADDroDriateness to allow demolition of existing aarage and
construction of new aaraae with one-bedroom aDartment on second floor on Lot 18 and the south
20 feet of Lot 19. Block 2. Park Addition. with deviations from Section 18.18.040. Bozeman MuniciDal
Code. to allow two dwellina units on 50-foot lot. which is less than the reauired 60-foot width. and
from Section 18.50.050. to allow new structure to encroach UD to 5 feet into reauired 1 O-foot rear yard
setback - Thomas Kina for 125 South 6th Avenue (Z-03018)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Thomas King under Application No. Z-03018, to allow the demolition of an existing garage and
construction of a new garage with a one-bedroom apartment on the second floor on Lot 18 and the south
20 feet of Lot 19, Block 2, Park Addition, with deviations from Section 18.18.040 of the Bozeman Municipal
Code, to allow two dwelling units on a 50-foot-wide lot, which is less than the required 60-foot width, and
from Section 18.50.050, to allow the new structure to encroach up to 5 feet into the required 10-foot rear
yard setback. The subject property is located at 125 South 6th Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Susan Kozub presented the staff report. She stated that under this application
the existing one-car garage is to be replaced by a two-car garage with an apartment above it. Under the
requested deviations, the garage would be constructed on essentially the same footprint as the current
garage, with the deck encroaching into the rear yard setback. She noted that the other deviation allows a
second dwelling unit to be constructed on a lot that is 10 feet less than the required minimum width.
The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria
and found it to be in compliance with the code and other development in the immediate area. She
characterized this as a good infill project and forwarded staff's recommendation for approval subject to
conditions that would require the eaves to not encroach onto the adjacent property.
Responding to Commissioner Brown, Planning Director Epple stated that flatwork in rear yards can
run to the property line and fences can be constructed on the property line, so the proposed concrete dog
run is appropriate.
Mr. Thomas King, applicant, indicated a willingness to respond to questions.
No one was present to speak in opposition to the proposed project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Certificate of
Appropriateness requested by Thomas King under Application No. Z-03018, to allow the demolition of an
existing garage and construction of a new garage with a one-bedroom apartment on the second floor on
Lot 18 and the south 20 feet of Lot 19, Block 2, Park Addition, with deviations from Section 18.18.040 of the
Bozeman Municipal Code, to allow two dwelling units on a 50-foot-wide lot, which is less than the required
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60-foot width, and from Section 18.50.050, to allow the new structure to encroach up to 5 feet into the
required 10-foot rear yard setback, be approved subject to the following conditions:
1. Per Building Code specifications, the balcony and eaves shall not extend beyond the
distance determined by the following two methods, whichever results in the lesser
projection: 1.) either a point one-third the distance to the property line from an
assumed vertical plan located where protected openings are required in accordance
with Section 704.8 (International Building Code); or 2.) More than 12 inches into
areas where openings are prohibited.
2. Prior to building permit approval, the applicants must provide a plan showing
existing and proposed water and sewer service lines and sewer mains, subject to
approval by the Water and Sewer Department. Please note that the water line may
tie into the existing line for the main structure behind the water meter and backflow
protection; however, the sewer line must be separate.
3. The applicant shall obtain a building permit and pay all required fees within one year
of Certificate of Appropriateness approval or this approval shall become null and
void.
4. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness 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 Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the zone code.
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 hearina - Certificate of Aoorooriateness to allow installation of kitchen in existina auest
house/accessory buildinQ on Lots 18 and 19. Block 37. West Park Addition. with deviations from
Section 18.18.030. Bozeman Municipal Code. to allow unit to be 257 sauare feet, which is less than
the reauired 600 sauare feet: from Section 18.18.040. to allow two dwelling units on a 50-foot lot.
which is less than the reauired 60-foot width: and from Section 18.50.050. to allow the new dwelling
unit to encroach 2% feet into the reauired 10-foot rear yard setback - Kathleen R. Martin for 612
South 11th Avenue (Z-03017)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Kathleen R. Martin under Application No. Z-03017, to allow installation of kitchen facilities in
an existing guest house/accessory building on Lots 18 and 19, Block 37, West Park Addition, with deviations
from Section 18.18.030 of the Bozeman Municipal Code, to allow the unit to be 257 square feet, which is
less than the required 600 square feet; from Section 18.18.040, to allow two dwelling units on a 50-foot-wide
lot, which is less than the required 60-foot width; and from Section 18.50.050, to allow the new dwelling unit
to encroach 21f2 feet into the required 10-foot rear yard setback. The subject property is located at 612
South 11th Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Susan Kozub presented the staff report. She stated that, in November 2002, the
applicant was issued a Certificate of Appropriateness to turn a portion of the garage into guest quarters; and
it was staff's understanding that the space was to be used strictly as a spare bedroom and not as a separate
rental unit. The main property is currently a rental, with the owner's son residing on the premises.
The Assistant Planner noted that there are three deviations requested in conjunction with this
application to allow the dwelling unit to be smaller than required, to allow the unit to encroach into the rear
yard setback, and to allow a second dwelling on a 50-foot-wide lot. She indicated that the living space
occupies a small portion of the existing garage plus a 120-square-foot loft.
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Assistant Planner Kozub stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the written staff report. She briefly summarized
those findings and forwarded staff's recommendation for denial, largely because conversion of a portion of
an existing garage into a dwelling unit is not historically appropriate. She noted that the garage works well
in the fabric of the neighborhood, but its style and orientation do not lend to use as a dwelling unit. She also
noted that dwelling units are to be allowed on the second and subsequent floors, not on the main floor of
a garage. She concluded by reviewing conditions which staff has identified should the Commission choose
to approve this application.
Responding to Mayor Kirchhoff, Planning Director Epple confirmed that if kitchen facilities are
allowed in the unit, they must meet code requirements.
Assistant Planner Kozub noted the applicant has indicated a willingness to convert more of the
garage into living quarters; however, staff does not view that as an appropriate conversion of space. She
concluded by noting that staff has received a letter of opposition from the property owner to the south and
reviewed the concerns identified in that letter.
Ms. Kathleen Martin, applicant, stated the existing loft is 17 feet by 10 feet; however, it has a sloped
ceiling, and her square footage calculations were based on the area where the ceiling is a minimum of five
feet from the floor. She stressed that this loft area is in addition to the 257 square feet of main floor area
that has been converted into guest quarters. She indicated that they purchased this property because their
son is currently attending Montana State University, and two more sons will likely follow. She noted that he
is living in the garage quarters, and converting this into a complete dwelling unit will not have any additional
impacts on the neighbors. She voiced a willingness to abide by any conditions that might be imposed and
to mitigate any possible impacts on the property to the south. She concluded by noting that they have
completed the improvements required to bring the current living area into compliance with codes and will
continue to do so if the kitchen facilities are approved.
No one was present to speak in opposition to the proposed project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Mayor Kirchhoff acknowledged staff's analysis and conclusions; however, he suggested that this
application could be approved without being intrusive. He noted that, because of its close proximity to the
University, he feels approval could result in a creative use of space that could actually be beneficial.
Commissioner Cetraro voiced his concurrence with the Mayor's comments.
Responding to comments from Commissioner Youngman, Assistant Planner Kozub stated that a
final site plan for this project is being requested since the plan submitted with this application is very rough
and not to scale. She indicated that an accurate depiction of the property and parking will help to ensure
proper use of the site and allow for better enforcement.
Commissioner Hietala stated he feels this application will contribute toward affordable housing in
the community, on a site that is transitional between two zoning designations, and results in infill in the core
of the community.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Certificate
of Appropriateness requested by Kathleen R. Martin under Application No. Z-03017, to allow installation of
kitchen facilities in an existing guest house/accessory building on Lots 18 and 19, Block 37, West Park
Addition, with deviations from Section 18.18.030 of the Bozeman Municipal Code, to allow the unit to be 257
square feet, which is less than the required 600 square feet; from Section 18.18.040, to allow two dwelling
units on a 50-foot-wide lot, which is less than the required 60-foot width; and from Section 18.50.050, to
allow the new dwelling unit to encroach 2~ feet into the required 10-foot rear yard setback, be approved
subject to the following conditions:
1. Prior to building permit approval, the applicant shall submit an accurate site plan,
drawn to scale, for review and approval by the Department of Planning and
Community Development.
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2. Prior to building permit approval, the applicants must provide a plan showing
existing and proposed water and sewer service lines and sewer mains, subject to
approval by the Water and Sewer Department. Please note that the water line may
tie into the existing line for the main structure behind the water meter and backflow
protection; however, the sewer line must be separate.
3. The proposed driveway along the entire southern portion of the property shall not be
approved or constructed. The existing driveway shall accommodate a maximum of
two vehicles with additional parking in the rear yard, including one space in the
existing garage and one space in front of the existing garage. Backing onto the
neighboring property to the south is not permitted.
4. The applicant shall obtain a building permit 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 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 Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the zone code.
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.
Public hearina - Certificate of Appropriateness to allow construction of new two-household dwellina
on lots 6-8. Block 39. Imes Addition. which contain an existina sinale-familv household. with
deviation from Section 18.24.030. Bozeman Municipal Code. to allow units to be constructed on lot
which is 1.025 SQuare feet smaller than the reauired 11.600-sauare-foot size - Anders lewendal for
711 North Black Avenue IZ-02262)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Anders Lewendal under Application No. Z-02262, to allow the construction of a new two-
household dwelling on Lots 6 through 8, Block 39, Imes Addition, which currently contain an existing single-
family household, with a deviation from Section 18.24.030 of the Bozeman Municipal Code, to allow the
additional units to be constructed on a lot which is 1,025 square feet smaller than the required 11,600-
square-foot size. The subject property is located at 711 North Black Avenue.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Susan Kozub presented the staff report. She stated that the subject property
contains a single-family residence, and the applicant proposes to construct a two-household dwelling unit
on the back of the lot. She noted the new unit is to be constructed on a 917 -square-foot footprint, with three
bedrooms in the main unit and a studio apartment in the basement. Four parking spaces are to be provided
in the rear of the lot for these new units. She reviewed the deviations requested in conjunction with this
application, since the lot is smaller than required to accommodate the additional dwelling units.
The Assistant Planner stated that staff has reviewed this application in light of the criteria set forth
in the zone code, and staff's comprehensive findings are contained in the written staff report. She
summarized those findings and forwarded a recommendation for approval, subject to three conditions. She
noted that one property owner in the area has submitted a letter of opposition to the project.
Mr. Anders Lewendal, applicant, stated he purchased the subject property, recognizing that the
existing dwelling needs a significant amount of work. The alternative would be to raze the home and
construct a four-plex on the site. He noted that his preference is to fix the existing home and construct an
historic-looking Victorian unit on the rear of the lot. He concluded by encouraging the Commission to
approve this application, which will lead to infill at a higher density in the core area of the community.
Mr. Don Black, owner of the property at 722 North Tracy Avenue, stated his property backs to the
same alley that will serve this proposed new structure. He is aware of the applicant's previous projects and
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acknowledged that the new units would be a tasteful addition to the area; however, he is concerned about
the request to allow even more density in an area already zoned at the highest density allowed. He stated
the alley has a number of rentals along it, with parking to the sides; and he is concerned that allowing
additional units will only result in encroachment problems.
Ms. Penny Black, 722 North Tracy Avenue, cautioned that approving deviations to allow additional
density will result in this area becoming very, very crowded; and it is important to maintain the character of
the neighborhood.
Mr. Lewendal acknowledged the concerns expressed. He noted, however, that under the existing
zoning designation, up to four dwelling units could be located on this lot.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Brown stated he has viewed this property and feels the application is appropriate.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate
of Appropriateness requested by Anders Lewendal under Application No. Z-02262, to allow the construction
of a new two-household dwelling on Lots 6 through 8, Block 39, Imes Addition, which contain an existing
single-family household, with a deviation from Section 18.24.030 of the Bozeman Municipal Code, to allow
the additional units to be constructed on a lot which is 1,025 square feet smaller than the required 11,600-
square-foot size, be approved subject to the following conditions:
1. Based on a street resurfacing project completed in 1997, the applicant is advised
that a seven (7) year street-cut moratorium exists for North Black Avenue. In
accordance with the City of Bozeman Street Cut Permit Application, the moratorium
may be lifted only under the following circumstances:
a. Emergency situations that require cutting the street. The state of
emergency will be determined by the City Street Superintendent.
b. For new fire sprinkler service lines required by the City Fire Marshal
to be installed prior to the end of the seven-year moratorium period
when no alternate connection point is available.
c. When funding becomes available in the City's own Capital
Improvements Program for a project that cannot be otherwise
delayed and requires cutting the street.
[Please note that this moratorium may become obsolete with a proposed ordinance
to provide for assessment of fees for cutting streets.]
2. The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
3. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness 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 Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the zone code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
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Public hearina - Preliminary plat for maior subdivision - Morrison-Maierle for W Partners L TO -
aaareaate 8 existing residential lots on 0.84 acres described as Amended Plat of Lots 41-1 through
42-8 of the Amended Plats of Lots 41 and 42. Bridaer Creek Subdivision. into 5 lots (northwest
corner of intersection of Valhalla Court and Bovlan Road) (P-02055)
This was the time and place set for the public hearing on the preliminary plat for a major subdivision,
as requested by Morrison-Maierle for W Partners, L TO, under Application No. P-02055, to aggregate eight
existing residential lots on 0.84 acres described as the Amended Plat of Lots 41-1 through 42-8 of the
Amended Plats of Lots 41 and 42, Bridger Creek Subdivision, into five lots. The subject property is located
at the northwest corner of the intersection of Valhalla Court and Boylan Road.
Mayor Kirchhoff opened the public hearing.
Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Jami Morris.
He stated that under this application, the eight existing lots along the west side of Valhalla Court are to be
reconfigured into five townhouse lots. He noted that, while this request results in a slight reduction in overall
density, it is insignificant when considered in light of the entire subdivision.
The Planning Director stated that staff has reviewed this application in light of the applicable
conditions, and staff's comprehensive findings are contained in the written staff report. He briefly
summarized those findings and forwarded staff's recommendation for approval.
Mr. Bill Ranard, project manager representing the applicant, stated that the larger lots will allow for
the construction of one-story townhouse units, and noted that the smaller lots would accommodate only two-
story units. He stated that thirteen lots were originally platted along this cul-de-sac street; however, the
applicant has determined the reconfigured lots would be better. He then indicated that this proposal was
submitted to the Bridger Creek Homeowners' Association, and the residents in the single-family units were
elated to find that their lots would be abutted by single-story structures rather than two-story structures.
No one was present to speak in opposition to the proposed subdivision.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the preliminary plat
for a major subdivision, as requested by Morrison-Maierle for W Partners, L TD, under Application No.
P-02055, to aggregate eight existing residential lots on 0.84 acres described as the Amended Plat of Lots
41-1 through 42-8 of the Amended Plats of Lots 41 and 42, Bridger Creek Subdivision, into five lots be
approved subject to the following conditions:
1. The final plat shall conform to all requirements of the Bozeman Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City Engineer
that as-built drawings for public improvements were received, a platting certificate,
and all required and corrected certificates. The final plat application shall include
two (2) signed reproducible copies on a stable base polyester film (or equivalent); two
(2) digital copies on a double-sided, high density 3~-inch floppy disk or compact disk;
and five (5) paper prints.
2. Conditional approval of the preliminary plat shall be in force for not more than three
calendar years, as provided by state statute. Prior to that expiration date, the
developer may submit a letter of request for the extension of the period to the
Planning Director for the City Commission's consideration.
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.
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Ordinance No. 1584. revising Sections 18.04.515. 18.04.1385. and 18.52.040. add Section 18.04.1386.
and add Chapter 18.66 to the Bozeman Municipal Code. providina for additional application
reauirements. review procedures. and review criteria for large scale retail developments
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1584, entitled:
ORDINANCE NO. 1584
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTIONS 18.04.515, 18.04.1385, 18.30.020, AND 18.52.040, DEFINITIONS OF DESIGN
REVIEW AND LARGE SCALE RETAIL; PERMITTED USES IN THE "B.2" (COMMUNITY
BUSINESS) DISTRICT; AND SPECIAL DEVELOPMENT PROPOSALS-ADDITIONAL
APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA; AND
BY ADDING CHAPTER 18.66, PROVIDING FOR ADDITIONAL
APPLICATION
REQUIREMENTS, REVIEW PROCEDURES, AND REVIEW CRITERIA FOR LARGE SCALE
RETAIL DEVELOPMENTS.
Included in this week's Commission packet were letters from Tom Simkins, dated February 7, and
from his attorney, Brian Gallik, dated February 1 0, 2003.
Staff Attorney Tim Cooper noted that the Commission may choose to finally adopt the version of the
ordinance that it provisionally adopted, or it may choose to consider the revised ordinance that was
distributed just prior to the meeting, in response to the additional input received. He stated that, also
distributed before the meeting was an additional recital in response to concerns voiced by Commissioner
Hietala at the meeting two weeks ago. He then reminded the Commission of the importance of adopting
this ordinance so that it can be in effect when the urgency ordinance expires, recognizing that the next step
is to study the impacts of large scale retail and identify mechanisms for offsetting the negative impacts.
The Staff Attorney summarized the concerns expressed in the two letters submitted, noting that the
ordinance, as written, may sweep broader than the task force or the Commission had intended. He then
turned his attention to the revised ordinance, identifying those areas where changes were made. He
indicated that staff has attempted to create consistent language throughout the ordinance, has made the
revisions identified by the Commission at the meeting two weeks ago, and has made any additional
adjustments needed as a result of those changes.
Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, submitted a letter
from the Board reiterating its opposition to the proposed ordinance. He noted that the task force had
suggested a five.year review of the ordinance and asked the Commissioners to consider that proposal. He
asked that the Commission weigh the positive impacts of large retailers as well as the negative impacts,
including the property taxes they pay. He then cautioned it is important to not place too large a burden on
an incoming business up front. He concluded by cautioning the Commissioners to "cast the net
appropriately. "
Mr. Clint Field, Belgrade, stated he is opposed to a cap on retailers for a number of reasons. He
noted it is important not to hamper existing businesses that may want to expand, such as Big R, or to inhibit
a resident's ability to shop at a super center. He stated that multiple big box stores competing results in
honest business practices and lowered costs to consumers. He concluded by stating that the future growth
of market driven business is vital to the area and encouraged the Commissioners to not adopt this
ordinance.
Mr. Tom Simkins, owner of Simkins.Hallin Lumber, expressed concern that he is covered by the
ordinance as it is written. He noted that his store is small; however, he needs a lot of accessory outside
buildings and outside storage areas for the heavier, bulkier materials that are a part of his business. He
stated that those materials are generally delivered to customers, so the traffic generated by his operation
is lower than for a large scale retail operation. He expressed concern that this ordinance, as written,
hamstrings his operation as well as several other businesses in the community. He acknowledged that his
business could continue as it is since it would be grandfathered; however, he noted a business must be able
to adapt to the market and make adjustments as needed or it will die.
02-18.03
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Mr. Brian Gallik, attorney representing Simkins-Hallin, noted that he has submitted proposed
language in his letter to address the concerns identified by Mr. Simkins. He noted that the Simkins-Hallin
retail structure contains 12,000 square feet; however, ifthe structures used for outdoor storage and the truss
plant are included, the total square footage quickly exceeds 40,000. He identified the footprint of the retail
structure as the key, not the total area used.
Mr. Dennis Hardin, a commercial real estate agent, stated that recent state figures revealed that 23
percent of the economy base in Bozeman is destination retail sales and service, which puts it higher than
Montana State University. He noted that people want to shop at big box stores when they come to
Bozeman, as well as to go downtown. He noted that the downtown reflects strength and vitality, and the
businesses on the fringe of the city are also doing very well.
Mr. Hardin noted that he served on the School Board for seven years and is well aware that school
funding is very difficult. He noted that stores like Costco pay property taxes which benefit both schools and
the City and, over several years, those revenues can be significant. He stated that, if the big box stores are
here, people may choose to shop at them or not and, in light of the fact that there are several such stores
in Bozeman, it is apparent many people choose to do so. He concluded by cautioning that adopting an
ordinance that limits the size of a store in Bozeman could lead to those stores being constructed just outside
city limits, causing the City to lose those tax revenues.
Mr. Dane Gamble, 13 Hitching Post Road, stated that he empathizes with Mr. Simkins and his feeling
that he has been inadvertently dragged into the ordinance; however, he noted that as a consumer, he feels
that he has been dragged in as well. He asked the Commission to not underestimate the citizenry of the
community, but to let the people determine the market place. He cited his recent experience, in which he
found that a local store was able to provide what he needed at a cost very comparable to those found in a
big box store.
Mr. Greg Allen, 502 Greenway, stated that limiting stores to 75,000 square feet will not keep large
competitors out. He suggested that the Commission's primary concern should be to reduce sprawl from
big box stores and noted that could be addressed by limiting the surface area of the roof. He noted that a
business could then be located on two floors. He cautioned that limiting the size will drive big box stores
into the county, leading to more sprawl. He concluded by noting the City has only one chance to do it right
and needs to make sure that happens.
Ms. Ashley Ogle, 526 West Cameron Bridge Road, stated she was a member of the task force. She
noted that the economy in Bozeman is good right now, but the large buildings previously occupied by
Gibson's and Thurman's are now empty. She stated that 75,000 square feet is a big space, and most
people should be able to fit a viable business into that space if they wish to locate in Bozeman.
Mr. Dennis Davies, 705 Bridger Drive, encouraged the Commissioners to not adopt this ordinance.
He noted that the community needs more competition and urged the Commission to recognize that not
allowing big box retailers to come in does not preclude that competition since there's always the internet.
He stated that big box stores provide a large tax base and better paying jobs. He concluded by noting that
some of the buildings in Bozeman are empty because businesses left when the rental rate was increased
significantly.
Staff Attorney Cooper stated this ordinance was originally designed to address big box stores, or
those retail outlets referred to as "retail consolidates." He stated that, generally speaking, the task force
submitted three or four principal recommendations geared toward large buildings occupied by a single
tenant retailer, with those regulations being contained in the zone code. He noted that this ordinance is to
address the effects of a specific size of commercial use, such as traffic, parking, abandoned buildings and
excess use of land, by imposing specific design guidelines and provisions for re-use or rehabilitation ofthe
building. He then stressed that the definition of "retail, large scale" was already in the zone code and
applies to other portions of the code, so the only revision to be made at this time is the square footage. He
noted that the regulations pertaining to such uses are then located in Chapter 18.66
Break - 8:35 to 8:41 D.m.
Mayor Kirchhoff declared a break from 8:35 p.m. to 8:41 p.m., in accordance with Commission
policy.
02-18-03
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Ordinance No. 1584 (continued) - revisina Sections 18.04.515. 18.04.1385. and 18.52.040. add Section
18.04.1386. and add ChaDter 18.66 to the Bozeman MuniciDal Code. Drovidina for additional
application reauirements. review Drocedures. and review criteria for larae scale retail develoDments
Mayor Kirchhoff asked that the Commission base its discussion and decision on the revised
ordinance which was placed on the dais.
Commissioner Brown asked if the Commissioners wish to add the additional "Whereas" drafted by
Staff Attorney Cooper; a majority indicated they would like to do so.
Commissioner Brown then indicated his support for the revised draft submitted by the Staff Attorney.
Responding to questions from Commissioner Cetraro, Staff Attorney Cooper stated that the revisions
to the allowed uses in the "B-2" zone are to maintain consistency throughout the zone code.
Commissioner Hietala stated that big box stores should be limited to the regional commercial areas
of the community, noting that was primarily the focus for North 19th Avenue near the Interstate. He noted
that is the area which the task force mainly addressed and should be the focus of Commission discussion.
Responding to questions from Commissioner Hietala, Staff Attorney Cooper stated that if the
ordinance is amended to allow stores up to 100,000 square feet, then the definition would be amended to
limit those stores between 75,000 square feet and 100,000 square feet to the regional commercial areas.
Commissioner Cetraro suggested that the cap be left at 100,000 square feet, noting that would be
motivation for getting the economic impact study done as quickly as possible. Following discussion, a
majority of the Commissioners indicated their interest in enacting the ordinance with a 75,000-square-foot
cap, with a commitment to giving favorable consideration to a 1 OO,OOO-square-foot cap when the economic
impact study is completed and the Commission has made a determination on whether fees should be
enacted.
Commissioner Cetraro then suggested that, under Section 18.66.020, the following be added: "D.
Building materials" and "E. Permitted uses in the M-1 and M-2 zoning designations not located in entryway
corridors. "
Staff Attorney Cooper responded by expressing his concerns about expanding the list of exempt
uses, noting the result is more potential for arbitrary distinction. He noted that the revisions in Subsection
B provide a more complete mechanism for addressing the concerns expressed by Mr. Simkins.
A majority of the Commissioners indicated support for Section 18.66.020 as contained in the revised
ordinance and not the proposed revision.
Commissioner Cetraro proposed that under Section 18.66.040.A, Subsection 2 be revised to read:
"A sound and adequate plan exists for said redevelopment," noting that this revision would remove the
financial portion of the dark store regulations.
Responding to Commissioner Brown, Staff Attorney Cooper stated that under this provision, an
applicant must bring in a plan which includes the specific issues listed to ensure that if the building goes
dark, there is a mechanism in place to facilitate the easiest way to re-use the property.
Following a brief discussion, a majority of the Commissioners agreed with the revised language.
Commissioner Youngman noted that the Commission did include a sunset provision in the impact
fee ordinance and expressed her willingness to add a new section requiring that this ordinance be reviewed
in five years, and updated as needed. A majority of the Commissioners agreed with this addition.
Commissioner Hietala suggested that the language in Section 18.04.515 be changed from "total
area" to "footprint." He noted that Mr. Allen's comments made a lot of sense, and encouraging applicants
to limit the footprint and build up would potentially result in more open space. The Commissioners
expressed an interest in considering this suggestion in conjunction with the additional changes at a later
date.
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Commissioner Brown thanked the attorneys for their assistance in providing an improved ordinance
for Commission consideration.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Ordinance No.
1584, as revised, amending various definitions and providing for additional application requirements, review
procedures, and review criteria for large scale retail developments, be finally adopted with the fOllowing
additional changes: (1) include the additional "Whereas" as proposed by Staff Attorney Cooper, (2) revise
Section 18.66.040.A.2., to read "A sound and adequate plan exists for said redevelopment; and", (3) revise
Section 18.04.515 to read".... all planned unit developments and retail developments equal to or exceeding
40,000 square feet, relative to ....." and (4) add a new Section 18.66.050 to read "The provisions of this
ordinance shall be reviewed by the Commission in five years and updated as needed." The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman
and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Letter of resignation from the City Planning Board and Zoning Commission submitted by
Joanne Eaton, dated February 4.
(2) Letter from Kimberly Szyikowski once again requesting an opportunity to address the
Commission on March 10 regarding a proposal to ban the use of non-domesticated animals for
entertainment.
Responding to questions from Commissioner Brown, Mayor Kirchhoff stated that he had responded
to this lady after the first letter, but his response was misinterpreted. He then indicated this item will not be
placed on the March 10 agenda.
(3) Letter from Jon Gerster, dated January 27, regarding the "Opera House Park" proposal.
(4) Letter from Jennifer Bragg, dated February 3, forwarding her husband's letter to County
Commissioner Jennifer Smith Mitchell regarding the conditions at the detention center.
(5) Copy of the NENA News, which announces the next neighborhood meeting scheduled for
7:00 p.m. on Tuesday, February 18, at the Hawthorne School gym.
(6) Memo from Superintendent of Facilities and Lands James Goehrung, dated February 18,
forwarding proposed plans for development of Rose Park.
(7) Updated list of planning projects for upcoming Commission meetings, dated February 14.
(8) Minutes from the Bozeman Alcohol Policy Advisory Council meeting which was held on
February 12, 2003.
(9) Agenda for the County Commission meeting which was held at 9:00 a.m. today in the
Commission Room.
(10) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today
at the Professional Building.
(11) Memos from Planning Secretary Carol Schott, dated February 13, announcing that the City
Planning Board meeting and Zoning Commission meeting scheduled for February 18 are cancelled due to
the lack of agenda items.
(12) City Manager Clark Johnson submitted the following. (1) Asked the Commissioners to begin
thinking about their goals and what they would like to see in the budget for the upcoming fiscal year.
(2) Noted that staff began working on the big box study two weeks ago by soliciting input from the
Commissioners and, to date, only one has provided a response. (3) Stated he will be in Helena on
02-18-03
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Thursday and the following Tuesday. He then noted that the transmittal break will be at the end of next
week.
(13) Planning Director Epple identified the items that have occupied much of his time the past
week, including preparation of his budget request, tracking bills in the Legislature, and working with the new
Grants Administrator on her action plan for the next ninety days.
(14) Staff Attorney Cooper stated he and Assistant City Manager Ron Brey have been working
on the details for acquisition of the solid waste transfer station site.
(15) Director of Public Service Debbie Arkell stated that staff has received statements of
qualifications from engineering firms in response to request for qualifications for transportation and for water
and wastewater. She asked if any Commissioners are willing to serve on the selection committees; Mayor
Kirchhoff and Commissioner Hietala volunteered.
(16) Commissioner Hietala reported that he attended the Recreation and Parks Advisory Board
meeting. The Park Foreman has suggested that a temporary disc golf course be allowed in Lindley Park
this summer, while the permanent course in Rose Park is established.
Commissioner Brown expressed concern about allowing disc golf back in Lindley Park, particularly
in light of the significant damage to trees. He then indicated he is not interested in revisiting this issue.
Mayor Kirchhoff stated he does not wish to reverse a prior decision that was surrounded by
controversy and made with much consideration. He suggested that, if the group wishes, it could enter into
facilitated discussions with the neighborhood and the Commission could revisit the issue after those
discussions. He then noted that the suggestion has met with lukewarm reception, with the Commission
being very divided on even entertaining the request.
(17) Commissioner Youngman noted that bills are being scheduled in a manner that makes
organizing testimony very difficult. She voiced concern that two such bills would eliminate impact fees and
any fees related to development, such as hook-up fees. Another bill will affect the requirement for land
dedications in conjunction with annexation. She expressed concern that these bills would dramatically affect
the City's creative approaches to mitigating the impacts of growth. She also noted that the ten-minute limit
per side for testimony makes getting the message across even more difficult.
(18) Commissioner Youngman noted that she has been attending several board meetings. One
of those is for the community council, which is developing the first ever community cultural calendar,
scheduled to be out in April. She indicated this is an effort to help make Bozeman a destination rather than
just a pass through for tourists.
(19) Responding to Commissioner Brown, Staff Attorney Cooper indicated he will follow up on the
status of the bylaws for the Senior Citizens' Advisory Board.
(20) Responding to Commissioner Brown, Director of Public Service Debbie Arkell confirmed that
resurfacing of Main Street has been delayed until 2006 or beyond. She noted that the costs of the project
will be covered by State funding, and it has been determined monies will not be available until at least 2006.
(21) Responding to Mayor Kirchhoff, Planning Director Epple indicated he does not recall the date
of the Gallatin County Growth Policy meeting but will find it when he returns to his office.
Adjournment - 9:55 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. 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.
02-18-03
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A~
STI!VEN ; KI C . FF, Mayor f{-
ATTEST:
(?J:J ~
ROBIN L. SULLIVAN
Clerk of the Commission
02-18-03