HomeMy WebLinkAbout2003-01-13 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 13, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, January 13, 2003, at 3:00 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.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Minutes - Januarv 18. 2000. November 22.2002 and Januarv 6. 2003
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of January 6, 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, and November
22,2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3570 . awardina bid for sale of $1.685.000 General
Obliaation Bonds. Series 2003A (library bonds) and approving the official
statement relatina thereto
COMMISSION RESOLUTION NO. 3570
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO $1 ,685,000 GENERAL OBLIGATION BONDS, SERIES 2003A; AWARDING
THE SALE THEREOF AND APPROVING THE OFFICIAL STATEMENT RELATING
THERETO.
Commission Resolution No. 3571 . awarding bid for sale of $3.485.000 General
Obliaation Refundina Bonds. Series 2003B (transportation bonds) and
approvina the official statement relating thereto
COMMISSION RESOLUTION NO. 3571
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO $3,485,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES
2003B; AWARDING THE SALE THEREOF AND APPROVING THE OFFICIAL
STATEMENT RELATING THERETO.
Authorize City Manaaer to sian - Annexation Aareement with Tickco Holdinas. LLC.
for 2.333 acres described as Lot 3A. Block 4. Walker Property Subdivision
Commission Resolution No. 3572 . annexing 2.333 acres described as Lot 3A. Block
4. Walker Property Subdivision
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COMMISSION RESOLUTION NO. 3572
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. 1585 - establish initial municipal zoning desianation of "B-1" on 2.333
acres described as Lot 3A. Block 4. Walker Propertv Subdivision: provisionallv
adopt and brina back in two weeks for final adoption
ORDINANCE NO. 1585
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "B-1" (NEIGHBORHOOD SERVICE DISTRICT)
ON LOT 3A, BLOCK 4, WALKER PROPERTY SUBDIVISION, 2.33 ACRES LOCATED IN
THE SE% OF SECTION 26, T1S, R5E, PMM, GALLATIN COUNTY, MONTANA.
Award bid - 2003 skidsteer with attachments for the Street Division - Western Plains
Machinery Co.. BillinQs. Montana - in the total bid amount of $48.086.00
Appointment of Commissioner Youngman and Commissioner Hietala to sub-
committee to review Pledaed Securities as of December 31. 2002
Building Inspection Division report for December 2002
Claims
Administrative Services Director Miral Gamradt stated that bids for the two bond sales were opened
this morning. As a result of refinancing the transportation general obligation bonds, the City will see a
$222,000 savings in today's dollars. Also, given the rates in today's bids, the City will pay $80,000 less in
interest on the remaining library bonds than originally estimated. He noted that there were nine bidders on
the higher bond issue, which is significantly more bidders than generally seen.
Mr. David MacGillivray, Springsted, Inc., the City's financial advisor on these bond sales, attributed
the response to the lack of municipal bonds on the market in January and the City's good credit rating.
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.
Staff update re unified development ordinance - Associate Planners Chris Saunders and Jodv
Sanford
Included in the Commissioners' packets was a memo from Associate Planners Jody Sanford and
Chris Saunders, dated January 8, 2003, forwarding a list of issues in need of amending in conjunction with
drafting of the unified development ordinance.
Associate Planner Saunders distributed copies of an article entitled Unified Development
Ordinances: A Coordinated Approach to Development Regulations, published in the December 2002
edition of Zoning News. He noted that, attached to the memo in the packet is a general outline and timeline
for preparation and adoption of a unified development ordinance. He indicated that he and Associate
Planner Sanford are roughly halfway through the initial drafting, identifying flaws and conflicts between the
existing ordinances as they write. He indicated that. under the proposed new ordinance, all noticing
requirements are to be contained in one chapter rather than scattered throughout the document.
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Responding to Mayor Kirchhoff, Associate Planner Saunders stated that a unified development
ordinance combines the various land use regulatory standards. In the development of that ordinance, staff
has an opportunity to evaluate the regulations, identify out-of-date requirements, identify those regulations
that are barriers to what the City wants to see, and create a document that removes confusion and makes
more sense to everyone. Since some of the sections in the two chapters currently overlap, the unified
development ordinance should be shorter than the combination of the two existing chapters.
Commissioner Cetraro stated that one of the cities that had a booth at the National League of Cities
Congress of Cities had recently undertaken a unified development ordinance, which resulted in a reduction
from 57 chapters to 7 chapters. Associate Planner Saunders recognized that as one approach and noted
that some of the proposed chapters in this ordinance may be very short, but staff thought it was important
to create a separate chapter for ease in finding the specific topic.
Responding to Commissioner Brown, the Associate Planner stated that only the subdivision
regulations and zone code are to be combined at this time; however, the annexation pOlicy could be added
at a later date.
Commissioner Youngman suggested including language regarding affordable housing and code
revisions regarding new construction to reflect provisions in the recently completed water conservation plan.
Associate Planner Jody Olson reviewed the issues that were identified in the ordinance and asked
for Commissioner input on whether they are issues that should be pursued in conjunction with preparation
of a unified development ordinance. She noted that these issues have been submitted to, and endorsed
by, the City Planning Board and include parking; landscape requirements; clarifying design review guidelines
and adding objective criteria for entryway corridors, neighborhood commercial nodes and community
commercial nodes; floodplains; zoning districts; wetland protection; utility easement sizes and placement;
ridgeline protection; modular lotting; yard setbacks; plan review procedures; lighting; and sedimentation and
erosion control measures.
Responding to Mayor Kirchhoff, Planning Director Epple stated that staff has sent draft chapters to
consultant Freilich but has not received any feedback to date.
A majority of the Commissioners voiced support for staff drafting revisions to address the issues
identified above; Commissioner Cetraro expressed his concerns regarding watercourse setbacks, lighting,
commercial nodes, entryway corridors, and possible reduction in the number of zoning districts.
Mayor Kirchhoff concluded this item by thanking staff for the update and encouraging them to
carefully consider the concerns that have been expressed as they draft proposed revisions.
Informal review - minor subdivision to divide 11.962%-sauare-foot lot into one 7 .156%-square-foot
lot and one 4.806%-sauare-foot lot - Robert Safranek for 718 North Black Avenue (1-02040)
Included in the Commissioners' packets was a memo from Historic Preservation Officer Hillary
Hertler, dated January 8, forwarding the proposed minor subdivision.
Historic Preservation Officer Hertler stated Mr. Safranek wants to subdivide the property at 718 North
Black Avenue, which contains three separate dwelling units, into two lots. She indicated that Planning staff
does not support the proposal because of the size of the proposed lots and because the two houses
recently constructed on the site face each other rather than facing the street. She noted that pictures of
other houses in the immediate area and a diagram showing the proposed division of the lot are attached
to the staff memo.
Mr. Rob Safranek, applicant, stated that when he constructed the two houses between the existing
house and the street, it was his intent to build something unique. He noted that he accomplished that;
however, the banks indicate they have no com parables and no way to establish value and, as a result, he
is unable to obtain long-term conventional financing. He indicated that his intent under this requested
subdivision is to split one of the new houses from the other new house and older house and sell it to reduce
his debt. He stressed that the result will be no change in the physical appearance of the site; it is simply
a change of ownership.
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Mr. Safranek acknowledged staff's reluctance to support his request and asked for Commission
input on whether it is appropriate to subdivide the lot on which he had constructed his infill project.
Responding to questions from Mayor Kirchhoff, Planning Director Epple stated that if the
Commissioners encourage the applicant to move forward with the process, formal hearings on both the
subdivision and zoning deviations will be required.
Mayor Kirchhoff indicated he is favorable to formally considering this request. He aCknowledged
that the result would be to create an odd, small lot; however, he suggested that if there is no public interest
at stake and if it enhances the ability to sell the property, it does not appear to be inappropriate.
Commissioner Youngman expressed her tendency to support staff's comments, noting that it would
have been better to address these issues with the banks before undertaking the project. She also noted
there are not many very small lots in this immediate area.
Planning Director Epple stated that having three units on a single parcel, under single management,
seems to be preferable to splitting the property and having two property owners because potential conflicts
could arise regarding issues such as parking and open space. He noted that the two new units were
designed to focus on an inside courtyard feel and, if the project had been considered as two separate units,
staff would have discouraged that approach and encouraged the construction of units which face the street.
Commissioner Hietala voiced a willingness to give additional consideration to this proposal.
Commissioner Brown stated he does not support the request to subdivide this property, noting that
the initial project was approved with a different understanding.
Responding to requests from Commissioner Cetraro, Planning Director Epple suggested that the
Commission could delay further discussion on this item for a period of one week, especially in light of the
items on the remainder of the agenda.
Commissioner Youngman voiced her support for a delay, and indicated she would like additional
information on the parking and how to address it.
Decision ~ Conditional Use Permit ~ allow construction of a broadband wireless small~scale
broadcast facility on the City's water tank located in Josephine Park (1632 Kenyon Driye) ~ Cutthroat
Communications (Z~02222)
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that this item be
removed from the table. 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.
As a result of the above action, this was the time and place for the decision on the Conditional Use
Permit requested by Cutthroat Communications under Application No. Z-02222, to allow construction of a
broadband wireless small-scale broadcast facility on the City's water tank located in Josephine Park. The
subject property is more commonly known as 1632 Kenyon Drive.
Assistant Planner Susan Kozub distributed a memo dated January 13, 2003, forwarding a proposed
additional condition per the Commission's request at last week's meeting. She noted that this condition is
to clarify that if an independent radio frequency study indicates a lack of capacity on the City's water tank,
final approval will not be granted. She indicated that staff recommends this condition be added to both this
agenda item and the next agenda item. In the alternative, the Commission could direct that this issue be
addressed in the license agreement.
City Manager Johnson indicated that, ifthe application is approved with the additional condition, staff
will incorporate that provision into the license agreement.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the
Conditional Use Permit requested by Cutthroat Communications under Application No. Z-02222, to allow
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construction of a broadband wireless small-scale broadcast facility on the City's water tank located in
Josephine Park, be approved subject to the following conditions:
1. That the right to a use permit shall be contingent upon the fulfillment of all general
and special conditions imposed by the conditional use permit procedure.
2. That all of the special conditions and code provisions shall constitute restrictions
running with the land use; shall apply and be adhered to by the owner of the land,
successors, or assigns; shall be binding upon the owner of the land, his successors
or assigns; shall be consented to in writing; and shall be recorded as such with the
Gallatin County Clerk and Recorder's office by the property owner prior to final site
plan approval.
3. The applicant shall submit seven (7) copies of a final site plan within six months of
preliminary approval containing all of the conditions, corrections, and modifications
to be reviewed and approved by the Planning Department.
4. A building permit must be obtained prior to site work, and must be obtained within
one year of final site plan approval. Building permits will not be issued until the final
site plan is approved. Minor site surface preparation and normal maintenance shall
be allowed prior to submittal and approval of the final site plan, including excavation
and footing preparation, but no concrete may be poured until a building permit is
obtained.
5. The applicant shall be required to provide payment for a proportional share of a
landscape and irrigation plan determined by the City of Bozeman prior to final site
plan approval.
6. A license agreement, completed by both the property owner and the applicant, must
be executed and a copy provided to the Planning Office prior to final site plan
approval.
7. The applicant shall be required to provide payment for a proportionate share of all
security improvements identified in the "Security Risk Assessment, Bozeman Water
Treatment System" (11/15/02) prior to final site plan approval.
8. Prior to final site plan approval, the applicant shall pay for a proportionate share of
an independent radio frequency study by a registered RF engineer selected by the
City of Bozeman focusing on the feasibility of all present and future City and non-
City radio frequencies to operate without interference at the Hilltop Tank site. This
study shall include the potential adverse effects to City service workers working in
this multi-band environment.
9. The facility must remain secure with access administered by City Water Treatment
Plant personnel.
10. If the independent radio frequency (RF) study indicates a lack of additional capacity,
either due to frequency interference or physical space, final Conditional Use Permit
approval shall be denied.
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.
Decision - Conditional Use Permit - K. Embora Consulting for Western Wireless. allow construction
of a small-scale broadcast facilitv. includina eiaht antennas and a base station. on the City's water
tank located in Josephine Park (1632 Kenvon Drive) (Z-02241)
This was the time and place set for the decision on the Conditional Use Permit requested by K.
Emborg Consulting for Western Wireless under Application No. Z-02241 , to allow the construction of a small
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scale broadcast facility, including eight antennas and a base station, on the City's water tank located at 1632
Kenyon Drive.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Conditional
Use Permit requested by K. Emborg Consulting for Western Wireless under Application No. Z-02241, to
allow the construction of a small scale broadcast facility, including eight antennas and a base station, on
the City's water tank located at 1632 Kenyon Drive be approved subject to the following conditions:
1. That the right to a use permit shall be contingent upon the fulfillment of all general
and special conditions imposed by the conditional use permit procedure.
2. That all of the special conditions and code provisions shall constitute restrictions
running with the land use; shall apply and be adhered to by the owner of the land,
successors, or assigns; shall be binding upon the owner of the land, his successors
or assigns; shall be consented to in writing; and shall be recorded as such with the
Gallatin County Clerk and Recorder's office by the property owner prior to final site
plan approval.
3. The applicant shall submit seven (7) copies of a final site plan within six months of
preliminary approval containing all of the conditions, corrections, and modifications
to be reviewed and approved by the Planning Department.
4. A building permit must be obtained prior to site work, and must be obtained within
one year of final site plan approval. Building permits will not be issued until the final
site plan is approved. Minor site surface preparation and normal maintenance shall
be allowed prior to submittal and approval of the final site plan, including excavation
and footing preparation, but no concrete may be poured until a building permit is
obtained.
5. The applicant shall be required to provide payment for a proportional share of a
landscape and irrigation plan determined by the City of Bozeman prior to final site
plan approval.
6. A license agreement, completed by both the property owner and the applicant, must
be executed and a copy provided to the Planning Office prior to final site plan
approval.
7. The applicant shall be required to provide payment for a proportionate share of all
security improvements identified in the "Security Risk Assessment, Bozeman Water
Treatment System" (11/15/02) prior to final site plan approval.
8. Prior to final site plan approval, the applicant shall pay for a proportionate share of
an independent radio frequency study by a registered RF engineer selected by the
City of Bozeman focusing on the feasibility of all present and future City and non-
City radio frequencies to operate without interference at the Hilltop Tank site. This
study shall include the potential adverse effects to City service workers working in
this multi-band environment.
9. The facility must remain secure with access administered by City Water Treatment
Plant personnel.
10. If the independent radio frequency (RF) study indicates a lack of additional capacity,
either due to frequency interference or physical space, final Conditional Use Permit
approval shall be denied.
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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Break - 3:55 to 4:05 D.m.
Mayor Kirchhoff declared a break from 3:55 p.m. to 4:05 p.m., to prepare for the work session.
Work session with City Planning Board and Zoning Commission
In addition to the Commissioners, those present for this work session included: Planning Director
Andy Epple and Board members Brian Close, Joanne Eaton, Rich Noonan and Joe Frost.
Planning Director Epple noted that Rich Noonan has recently been elected as Vice President of the
Board, and Ed Musser remains President. He also noted that Commissioner Brown serves as a voting
member on the Board.
Mayor Kirchhoff noted that the Commission has decided to hold work sessions with its various
boards and commissions as a way of communicating beyond receiving written recommendations and
minutes, and indicated this is a time to identify shared goals and issues of concern.
Mr. Rich Noonan stated the Board has requested periodic updates from staff on how the
Commission's actions compare to the Board's recommendations. He suggested that this may lead to
recommendations from the Board that are more in line with the Commission's position and desired direction.
Mr. Brian Close stated the Board has proposed a quarterly business meeting, during which staff
could provide the requested updates and routine business items could be addressed. He noted that the
Board had no projects to review last week, but chose to meet anyway and found it useful.
Mr. Close noted that one of his frustrations in implementing the Bozeman 2020 Community Plan is
the issue of density and the lack of an effective scheme for trade-offs for neighborhoods with density. He
stated that sometimes an "R-3a" zoning designation would be good, but people become concerned because
that designation allows modular homes. As a result, the Commission considers the issue of density on a
case-by-case basis, often under considerable political pressure.
Mr. Close suggested a modification to State law that would permit the City Planning Board and the
Zoning Commission to be the same body.
Mr. Joe Frost suggested the inclusion of design guidelines for those zoning districts allowing
modular homes to ensure the integrity of development under that designation. He noted the community has
many examples of catalog homes, and they look great.
Responding to Commissioner Youngman, Planning Director Epple stated that allowing the City
Planning Board to serve as the Zoning Commission may not be of state-wide interest, but that he would
check with Associate Planner Jody Sanford, who is currently President of the Montana Association of
Planners. Commissioner Youngman noted that she would also be willing to see the membership of the City
Planning Board revised to eliminate the requirement for a City Commissioner to serve as a. voting member.
Mrs. Joanne Eaton noted the Planning Board members have voiced concern that all members' terms
expire at the same time, leaving the potential for turnover of a majority or all of the members, thus losing
history and understanding of the planning process. As a result, the Board is asking the Commission to
implement staggered terms for the membership.
Mayor Kirchhoff suggested that if the Board wishes to have the Commission consider this item, the
Planning Director should forward the issue under discussion of "FYI Items" at an upcoming Commission
meeting. The Commissioners could then decide whether or not to direct staff to come back with an
ordinance amendment that would provide for staggered terms.
Planning Director Andy Epple addressed the status of an intergovernmental agreement regarding
planning issues, noting that a sub-committee of the County Planning Board and the City Planning Board
meets periodically to ensure that issues of mutual interest are being considered in a coordinated manner.
He noted that the committee initially drafted the interlocal agreement that has not been adopted.
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The Commissioners agreed this issue should be placed on the agenda for the work session with the
County Commission at next Tuesday's meeting.
Mr. Rich Noonan noted that the Board is in the process of amending its by-laws, particularly as they
pertain to conflict of interest. He indicated that once those amendments have been completed, they will be
forwarded to the City Commission for approval.
Mr. Close stated that the revisions will include examples to help members better identify conflicts
and understand the steps to be taken.
Mr. Brian Close stated that the Planning Board is trying to create a "Planning 101" presentation to
give to the Bozeman Daily Chronicle's editorial board in February.
Mr. Rich Noonan noted that he has questioned why a City Commissioner is to serve on the Planning
Board. He recognized, however, that having a Commissioner on the Board is good because that individual
can provide some background and a link to the governing body. He noted that Joe Frost has been
invaluable on the board because of his three terms on the Commission.
The Commissioners identified their expectations of the Board. Commissioner Youngman noted that,
now that the Bozeman 2020 Community Plan is being tested, the City has encountered a series of
controversial items for neighborhoods. She suggested that clarifications on neighborhood commercial and
community commercial developments could be beneficial, since many parts of the plan are open to
interpretation. She recognized that, in doing so, it is important to maintain as much flexibility as possible.
On the issue of affordable housing, she suggested that a better understanding of what is anticipated will
promote a more cooperative relationship between developers and neighborhoods.
Mr. Brian Close noted that having better tools for affordable housing could also be beneficial,
suggesting that construction of a house that looks like the others, but contains possibly cheaper construction
materials and provides financial assistance, could allow low-income families to blend into a neighborhood.
Responding to questions from Mayor Kirchhoff, Commissioner Youngman stated that the Human
Resource Development Council currently serves as the City's housing authority. She noted that, since
funding for housing authorities is no longer available, no new authorities are being created. She then
suggested that it would be beneficial to have Planning Board members attend the upcoming Commission
meeting at which the housing report is presented.
Mr. Close noted that developers resist dedication of parkland and suggested that more density could
be encouraged if a good park area were provided. He then noted that one of the Board's frustrations is
receiving applications with open space spread throughout a development rather than being located in one
area, and acknowledged that the Planning Board's efforts may be counter to the desires of the Recreation
and Parks Advisory Board. He then suggested that the creation of a park maintenance district could help
to address the concerns that currently revolve around parkland.
The Commission thanked the Board members for the opportunity to meet.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Agenda for the Gallatin Watershed Network brown bag lunch seminar held on Wednesday,
January 8.
(2) Updated listing, dated January 9, 2003, of planning projects to be considered at upcoming
Commission meetings.
(3) Agenda for the School Board meeting to be held at 7:00 p.m. on Monday, January 13, at the
Willson School.
(4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, January
14, in the Commission Room.
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(5) Agenda for the Development Review Committee meeting to be held at 1 0:00 a.m. on
Tuesday, January 14, at the Professional Building.
(6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, January
14, at the Professional Building.
(7) Newsletter from Headwaters Recycling announcing that the next meeting would be held on
January 9 at Boulder.
(8) Letter from the Gallatin Lewis and Clark Bicentennial Association, dated December 17,
regarding activities scheduled during the week of January 13 to inaugurate the activities that will be
occurring over the next few years.
(9) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on
Wednesday, January 22, in the Commission Room.
(10) Minutes from the Bozeman Alcohol Policy Advisory Council meeting which was held on
January 8, 2003.
(11 ) Minutes from the Gallatin City-County Board of Health meetings held on September 26 and
October 24,2002.
Recess - 5:03 D.m.
Mayor Kirchhoff recessed the meeting at 5:03 p.m., to reconvene at 7:00 p.m. in the cafeteria at the
Sacajawea Middle School.
Reconvene - 7:00 D.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m. in the cafeteria at the Sacajawea Middle
School for the purpose of conducting the scheduled public hearings.
Public hearina - Dreliminarv Dlat for minor subdivision - Richard and Bonnie Milliaan for Bozeman
School District No.7- subdivide 29.15 acres described as Lot 4A. Minor Subdivision No. 221A. to
create four commercial lots (along North 27th Avenue. north of Hulbert Lane) (P-02052)
This was the time and place set for the public hearing on the preliminary plat for a minor subdivision,
as requested by Richard and Bonnie Milligan for Bozeman School District No. 7 under Application No.
P-02052, to subdivide 29.15 acres described as Lot 4A, Minor Subdivision No. 221 A, into four commercial
lots. The subject property is located along both sides of North 27th Avenue, north of Hulbert Lane.
Mayor Kirchhoff opened the public hearing.
Contract Planner Lanette Windemaker presented the staff report. She stated that under this
application, slightly over 29 acres lying between Catron Street and Valley Center Road are to be subdivided
into four lots. North 27th Avenue bisects the property; and three lots are to be created on the east side of
that street with one large lot containing the existing school bus barn on the west side of the street.
Planner Windemaker noted 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 noted that, fOllowing its public hearing on December 17, the City Planning Board concurred in
staff's recommendation for approval, subject to 21 conditions.
Mr. Mark Chandler, consulting engineer representing the applicant, reviewed some of the street and
sewer improvements to be made in conjunction with this subdivision after which he indicated a willingness
to respond to questions.
No one spoke in opposition to the proposed subdivision.
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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 minor subdivision, as requested by Richard and Bonnie Milligan for Bozeman School District NO.7
under Application No. P-02052, to subdivide 29.15 acres described as Lot 4A, Minor Subdivision No. 221 A,
into four commercial lots be approved subject to the following conditions:
1. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat
approval. If the final plat of the subdivision is filed in phases, water rights will only
be required for each phase as the final plat for that phase is filed. The amount of
water rights required will be determined by the Director of Public Service based on
the proposed final plat(s).
2. Subdivision lighting shall be incorporated into the subdivision by one of the following:
a) the subdivider shall install street and pathway lighting throughout the subdivision
pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. Lighting
shall be maintained by means of the property owners' association through protective
covenants; or b) the subdivider shall participate in a Street Improvement Lighting
District (SILD) for the provision of street and pathway lighting pursuant to Section
16.14.230 of the Bozeman Subdivision Regulations. All subdivision lighting provided
shall conform to Section 16.14.230 of the Bozeman Subdivision Regulations. A
lighting plan including isofootcandle plots and description of the proposed
equipment, with details and specifications (cut sheets), bulb type and size, and
locations shall be provided with the final plat and be sUbject to review and approval
by the Planning Department.
3. In addition to conformance with Section 18.50.035 of the Bozeman Zoning
Ordinance, 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.
4. Subdivider shall provide a soils report, along with building plans, to the Building
Division, recommending types of foundations. If development shall occur in phases,
the soils report may address those lots within the proposed phase.
5. A declaration of covenants for this subdivision must be included and recorded with
the final plat which specifically includes the provisions from Section 16.34.030, as
well as provisions for property owners' association maintenance of all applicable
property owners' association open space, pedestrian facilities, boulevards of public
rights-of-way, and stormwater facilities. A draft of these covenants must be
submitted for review and approval by the Planning Department prior to filing and
recordation with the Gallatin County Clerk and Recorder.
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6. Executed waiver of right to protest signalization improvements at the intersection of
Valley Center Road with North 27th Avenue, and Hulbert Lane with North 27th
A venue shall be filed and of record with the Gallatin County Clerk and Recorder prior
to final plat approval. A copy of the filed documents shall be submitted with the final
plat.
7. Subdivider shall install a bike lane (unless another type of transportation pathway
is determined to be more appropriate) along Hulbert Lane (from North 27th Avenue
to the west property line) in accordance with the standards contained in the Greater
Bozeman Area Transportation Plan 2001 Update, and shall conform to City
specifications.
8. Subdivider shall install sidewalks (unless another type of transportation pathway is
determined to be more appropriate) along both sides of North 27th Avenue (from the
north property line to the south property line) in accordance with City specifications.
9. Subdivider shall be responsible for landscaping of the public right-of-way boulevard
strips along all external subdivision streets and adjacent to subdivision parks or
other open space areas pursuant to Section 16.14.110 of the Bozeman Subdivision
Regulations.
10. Stormwater 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.
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 final site plan for each lot.
11. 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.
12. All infrastructure improvements including water and sewer main extensions, streets,
curb/gutter, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to final plat approval.
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City standard sidewalks (including a concrete sidewalk section through all private
drive approaches) shall be constructed in all subdivisions on all public and private
street frontages prior to occupancy of any structure on individual lots. 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.
An Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all sidewalks within the subdivision within a 3-year
period. The developer shall supply the City of Bozeman with an acceptable method
of security equal to 150 percent of these remaining sidewalk improvements.
The subdivider shall install sidewalks adjacent to public lands, including but not
limited to, parks, open space, and the intersection of alleys and streets or street
easements. Sidewalks in these areas shall be installed prior to final plat approval,
or shall be subject to an approved improvements agreement and financially
guaranteed.
13. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
14. 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.
15. 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.
16. Hulbert Lane shall be constructed to one half of a minor arterial standard from North
27th Avenue to the western boundary of the subdivision including all utility
extensions.
17. North 27th Avenue shall be constructed to a collector standard. This shall include
extension of the street north to Valley Center Road or south to Catron Street to
provide an improved secondary access for the subdivision. This shall also include
extension of the water main if the street is constructed to the north to Valley Center
Road.
18. The engineer shall examine the feasibility of extension of a gravity sewer main from
the existing manhole between Lots 2 and 3 to the west to provide service to Lot 4.
If this extension will provide gravity service to Lot 4, the extension shall be made
with the improvements for this subdivision.
19. The final plat shall conform to all requirements of the Bozeman Area 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 four (4) signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies on a double-sided, high-density
3Y2-inch floppy disk; and five (5) paper prints.
20. 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.
21. If it is the developer's intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of
Bozeman guaranteeing the completion of all improvements in accordance with the
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preliminary plat submittal information and conditions of approval. If the final plat is
filed prior to the installation of all improvements, the developer shall supply the City
of Bozeman with an acceptable method of security equal to 150 percent of the cost
of the remaining improvements.
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 hearina - oreliminarv olat for Walton Homestead Subdivision PUD - Durston Develooment
Corooration - subdivide 35.376 acres described as Tracts 1-4. COS No. 2085 and oarcel described
in Book 144. Paae 373. into 51 sinale-family residential lots. 5 multi-family residential lots. 70
townhouse residential lots and 8 commercial lots. with relaxations from Sections 16.14.020.H..
16.14.030.B.. 16.14.030.D.. 16.14.040. 16.16.010.1. and 16.16.070. Bozeman Municioal Code. re
minimum lot frontage. block lenath. sidewalks. orivate streets and minimum distance between oublic
and/or Drivate accesses onto a Dublic street (between Durston Road and West Oak Street at North
15th Avenue extended) (P-02050)
This was the time and place set for the public hearing on the preliminary plat for the Walton
Homestead Subdivision Planned Unit Development, as requested by Durston Development Corporation
under Application No. P-02050, to subdivide 35.376 acres described as Tracts 1 through 4, Certificate of
Survey No. 2085 and the parcel described in Book 144, Page 373, into 51 single-family residential lots, 5
multi-family residential lots, 70 townhouse residential lots and 8 commercial lots. Also, the applicant is
seeking relaxation from several sections of the subdivision regulations, as follows: (1) from Section
16.14.020.H., requiring a minimum of 25 feet of frontage on a public street or on a public street easement
for each lot, to allow lots fronting onto a pocket park; (2) from Section 16.14.030.8., to exceed the maximum
block length of 400 feet; (3) from Section 16.14.030.0., to exceed the maximum block length of 400 feet
without a pedestrian walk; (4) from Section 16.14.040, to eliminate sidewalks on one side of the private
streets; (5) from Section 16.16.010.1., to allow private streets; and (6) from Section 16.16.070, to exceed
the minimum distance between public and/or private accesses onto a public street. The subject property
is located between Durston Road and West Oak Street at North 15th Avenue extended.
Distributed to the Commissioners prior to the meeting was a letter from the applicant, dated January
10, requesting that this and the next public hearing be continued for one week.
Mayor Kirchhoff opened the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the public hearing
be continued to January 21, per the applicant's request. 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 - Conditional Use Permit for Planned Unit Develooment - Durston DeveloDment
Corooration - allow construction of aooroximately 207 residential units. 95.000 SQuare feet of
commercial office area and 15.000 sauare feet of retail soace on 35.376 acres described as Tracts
1-4. COS No. 2085 and Darcel described in Book 144. Page 373. with relaxations from Section
18.20.020. 18.20.030. 18.20.040. 18.20.050. 18.26.020. 18.26.060. 18.26.040. 18.50.11 O.F. and
18.50.100.E.. Bozeman Municioal Code. re minimum lot area and width. maximum lot coverage.
minimum yards. lot coverage. retail uses in the "R-O" District. height restrictions. reduction in
oarkina reauirements. and accesses to be closer than that reauired for an arterial street (Walton
Homestead) (between Durston Road and West Oak Street at North 15th Avenue extended) (Z-02231)
This was the time and place set for the public hearing on the Conditional Use Permit for the Walton
Homestead Planned Unit Development, as requested by Durston Development Corporation under
Application No. Z -02231, to allow the construction of approximately 207 residential units, 95,000 square feet
of commercial office area and 15,000 square feet of retail space on 35.376 acres described as Tracts 1
through 4 of Certificate of Survey No. 2085 and the parcel described in Book 144, Page 373. Also, the
applicant is seeking relaxations to several sections of the zone code, as follows: (1) from Section
18.20.020, to allow apartments in the "R-3" zoning district; (2) from Sections 18.20.030, 18.20.040 and
01-13-03
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18.20.050, to allow reductions in minimum lot area and width, maximum lot coverage and minimum yards
within the "R-3" district; (3) from Section 18.26.020, to allow retail uses in the "R-Q" zoning district; (4) from
Section 18.26.060, to allow additional features to exceed the height restrictions in the "R-Q" district; (5) from
Section 18.26.040, to allow increased lot coverage in the "R-Q" district; (6) from Section 18.50.11 O.F., to
allow reduced parking requirements for both the residential and commercial aspects of the project; and (7)
from Section 18.50.100.E., to allow accesses closer than that required for an arterial street. The subject
property is located between Durston Road and West Oak Street at North 15th Avenue extended.
Mayor Kirchhoff opened the pUblic hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public
hearing be continued to January 21 , per the applicant'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.
Public hearina - Conditional Use Permit for Planned Unit DeveloDment - ADogee Architects for Town
and Country - allow removal of existina church and construction of buildina on 25.810-sauare-foot
footDrint with a total of 27.807 aross sauare feet for grocery store. with relaxations from Section
18.28.020 to allow footDrint to exceed 5.000-sauare-foot limitation and from Section 18.50.060.0. to
allow new building and associated Darkina lot imDrovements to encroach into watercourse setback
that extends to edae of 100-vear floodDlain on lot 3. Block 4. ThomDson's Addition No.3 (1924
South Third Avenue) (Z-02240)
This was the time and place set for the public hearing on the Conditional Use Permit for Planned
Unit Development as requested by Apogee Architects for Town and Country Foods under Application No.
Z-02240, to allow for removal of the existing church and construction of a building on a 25,81 O-square-foot
footprint with a total of 27,807 gross square feet for a grocery store on Lot 3, Block 4, Thompson's Addition
NO.3. In addition, the applicant is requesting relaxations from the zoning regulations, as follows: (1) from
Section 18.28.020, to allow the building footprint to exceed the 5,000-square-foot limitation; and (2) from
Section 18.50.060.0., to allow the new building and associated parking lot improvements to encroach into
the watercourse setback that extends to the edge of the 1 OO-year floodplain. The subject property is located
at the southeast corner of the South Willson Avenue/South Third Avenue/Kagy Boulevard intersection and
is known as 1924 South Third Avenue.
Mayor Kirchhoff opened the public hearing, reviewing the rules of conduct for a public hearing. He
then disclosed that he has had numerous contacts from the public regarding this item, including personal
contacts, telephone calls and e-mails, but he has had no contact with the applicant. He noted that none of
the information received was different from what has been received as part of the public record.
Commissioner Cetraro stated that he, too, has received a lot of public input; and that information
is reflected in the public record.
Commissioner Youngman stated that she has received numerous e-mail messages, which she has
forwarded to the Clerk for the public record. She indicated that she has not accepted any telephone calls
or personal communications and has had no contact with the applicant since the application was filed.
Commissioner Hietala indicated that he, too, received numerous e-mail contacts.
Commissioner Brown stated he has not talked to the applicant since the application was filed. He
has refused to talk to people recently to avoid the possible appearance of impropriety and has forwarded
the e-mail messages he has received to the Clerk for the public record.
Assistant Planner Jami Morris presented the staff report. She stated that the building exceeds the
5,000-square-foot footprint allowed in the "B-1," Neighborhood Service, zoning district. She reviewed the
surrounding zoning designations and uses, which include Kagy Korner, a multiple-use neighborhood
commercial development; single household residential, Montana State University land and the Museum of
the Rockies. She noted the Museum of the Rockies is an 84,000-square-foot building, and this proposed
building is to be constructed on a 25,810-square-foot footprint with a total of 27,807 gross square feet.
01-13-03
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The Assistant Planner stated that the access from Kagy Boulevard is to be a two-way access with
a full range of turning maneuvers while the access from South Third Avenue is to allow right turns in only,
with a pork chop to preclude left turns in, and a full range of turning maneuvers for those exiting the site.
She stated the access from Kagy Boulevard is closer to the intersection than allowed by code; however, the
Director of Public Service has the authority to waive that requirement.
Assistant Planner Morris stated that a review of grocery stores in Bozeman revealed that they range
from 5,000 square feet to 84,000 square feet, with a mean average of 38,000 square feet and a median
average of 42,000 square feet. Based on those figures, staff views this proposed building as a smaller
scale grocery store.
The Assistant Planner reviewed the site, which has Figgins Creek running through it, thus triggering
a 50-foot stream bank setback requirement and observation of the 1 OO-year floodplain. The applicant has
requested relaxation from those requirements to allow a corner of the building and the parking lot to extend
into those areas. Correspondence from the reviewing agencies for wetlands reveals that there are no
jurisdictional wetlands on the site, only wetlands resulting from the construction of Kagy Boulevard.
Assistant Planner Morris 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, noting that staff has forwarded a recommendation for approval, subject to 47 conditions.
She characterized a majority of those conditions as standard, and stressed that any work in the wetlands
area or in the floodplain will require the appropriate agency reviews and approvals.
Responding to questions from Commissioner Brown, the Assistant Planner stated that the access
from Kagy Boulevard is 480 feet from the intersection, which is less than the 660 feet required by code, and
the access from South Third Avenue is 330 feet from the intersection, which meets code requirements.
Mr. Van Bryan, Apogee Architects, representing the applicant, stated this application has been
subjected to an intense public process, including community meetings and facilitation. He noted they are
proceeding through the planned unit development to seek relaxation of the "B-1" footprint limitation,
stressing this is "a relaxation and not an abandonment of requirements." He showed a diagram of an eight-
building development that could occur on the subject site under the zoning, noting that the main level
development could contain 40,000 square feet, with second floors increasing the square footage to 80,000
and a potential for partial third stories. He also cautioned that the buildings could be assembled as multiple
tenant spaces, like the Bridger Peaks Town Center.
Mr. Bryan reviewed the vehicular and pedestrian circulation proposed for the site, noting the study
was prepared by a licensed traffic engineer and endorsed by the City's Engineering staff. He indicated that,
during peak use, the streets will operate within design limits. The main access is to be from Kagy
Boulevard, and that is the entrance to be used by delivery trucks. Pedestrian circulation will be provided
through sidewalks and a trail along the tree line. He assured the Commission that the overflow area along
the creek is to be protected so that the creek can leave its banks, thus minimizing the potential of
downstream flooding.
Mr. Bryan noted that the existing Town and Country Foods store is approximately 24,000 square feet
and is located on 1'Yz acres. The proposed building for this site is to be 5 percent larger and located on 5
acres. He stated that 60 percent open space is to be provided, and the existing mature vegetation is to be
retained and enhanced to the greatest extent possible. The building is to be located as close to the streets
as possible, and the architecture of the building is designed to resemble a collection of smaller units. Also,
the design relates well to buildings in the immediate area, including those on the campus, the Museum of
the Rockies, Kagy Korner, and Valley View Golf Course.
Mr. Van Bryan concluded by noting that, while Town and Country is seeking a relaxation of the size
for a single structure, the result is 75 percent below the total square footage allowed on the site. He also
identified a number of benefits to the community, including protection of the creek, additional landscaping,
dedicated parkland, extension of the trail system, an outdoor plaza, neighborhood services, infill rather than
sprawl, and support of the new growth plan. He concluded by encouraging Commission approval of the
application, particularly in light of staff's recommendations.
Mr. Henry Shovic, 19 Hill Street, addressed the issue of traffic, noting that a supermarket inherently
generates six times as much traffic as any "B-1" use. He stated the transportation plan shows the
01-13-03
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intersection of Kagy Boulevard/South Willson Avenue/South Third Avenue operating at a Level of Service
"c" at this time, with the prediction that it will be at Level of Service "0" in 2020. Also, the level of service
for the accesses is predicted to fall to "E" and then to "F" in less than twenty years. He noted that one of
the applicant's suggestions for addressing those issues is roundabouts, which would be unsafe for those
turning left onto South Third Avenue. He expressed concern that, given the lack of safety for left turns,
traffic will tend to turn right and use the neighborhood streets as a way to access or leave the site. He
concluded by voicing concern that the developer's traffic report is based on information gathered in the
summer, rather than on a weekday during the school year, and asked the Commission to not approve this
application.
Mr. Sam Hollier, 2020 South Tracy Avenue, stated his primary concern is traffic, noting he
anticipates a lot of traffic through the neighborhood because of access issues to the site. He is also
concerned about construction noise, along with the pollution and noise that come from trucks hauling to and
from the site. He concluded by noting many of those who support this project do not live in the immediate
area.
Mr. Dan Wilson, 2202 Highland Court, stated that the SouthEast Neighborhood Association (SENA)
retained a firm to evaluate the hydrogeological impacts, and they found that the inaccuracies and incomplete
information in the application for a fill permit were carried forward into the report that accompanied this
application. He stated that a second, older channel of the creek has been identified through this property,
and it may carry water depending on activities upstream. He noted that the water table on this property is
high, being only three feet below the surface at the present time. He noted that the 2020 Plan discourages
the loss of wetlands to urban development and encourages the protection of hydric features. Also, under
the new streambank setbacks, more than 70 percent of the site is protected from new structures, unless
significant fill dirt is brought in. He concluded by characterizing this application as an effort to put a square
peg in a round hole and encouraging disapproval.
Ms. Carol McGower spoke in support of the application, noting that most of the trees and foliage on
the site are to remain intact. She observed that the Perlinski family has given a lot to the community and
Town and Country Foods is and will continue to be an asset.
Mr. Christian Stryker, 1624 South 3rd Avenue, voiced his opposition. He noted that two lots on
Greek Way have been acquired by a private development company which is proposing a 176-unit student
apartment complex. The result will be additional traffic in the immediate area that will be further
compounded if combined with the proposed grocery store.
Mrs. Shirley Sedivy, 2205 Highland Court, stated she is concerned about the safety of pedestrians,
particularly at the intersection of Kagy Boulevard/South Third Avenue/South Willson Avenue. She asked
what provisions will be made to improve pedestrian safety at the intersection, particularly due to the short
time for crossing coupled with an intersection configuration that includes right turn slip lanes. Also, the
pedestrian lane along South Third Avenue is too narrow for wheelchairs and strollers. She questioned how
many people would really walk or ride a bicycle to the grocery store and voiced concern that the additional
traffic through the adjacent residential neighborhood would have a negative impact on the safety and quiet
of those streets.
Mr. Watkins Asserson, 3411 Laredo Drive, stated he is a teacher at the high school, where he
teaches that every American has the right to life, liberty and the pursuit of happiness. He noted that those
ideals must be subjected to practical questions and whether anyone's rights will be violated. In this
instance, he acknowledged that there may be inconveniences and changes to the environment; however,
no one's rights would be violated. Additionally, he noted that the new store would create additional jobs in
the community and would add to the tax base; and voiced his support for this application.
Mrs. Anne Banks, 7 Hill Street, voiced her disapproval of employing scare tactics by raising the worst
case scenario for development of this site. She noted that the sUbject property has been designated for
neighborhood service under both the planning and zoning documents, and the preservation of
neighborhoods is an underlying philosophy of the Bozeman 2020 Community Plan. The proposed grocery
store is not a neighborhood business; rather, the applicant characterizes it as a high-density community
scale service center that will serve a population greater than Belgrade. She forwarded her disagreement
with the staff's assessment that the impacts on the neighborhood will be minimal, stating she is concerned
about traffic through the neighborhood, noise and pollution. She concluded by encouraging the
01-13-03
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Commissioners to turn this application down, particularly if they believe in the City's new growth policy and
zone code.
Mr. Tom Hayes, 816 South Black Avenue, recognized the concerns of those who live near the
subject site; however, he noted that those concerns must be balanced against the community as a whole.
He noted it is extremely hard to access the existing Town and Country Foods store, and the proposed
location is served by a good road structure. He concluded by stating he feels this application would provide
for the right store in the right place.
Mr. David Thiede, 2506 Westridge Drive, voiced his supportforthis application, noting it would result
in a grocery store he can bicycle to.
Mr. Scott Bischle, 3940 Graf Street, stated his concurrence with Mrs. Banks' comments. He
characterized this proposal as the right store in the wrong place or the wrong store in the right place, and
noted that he chose to live in Sundance Springs Subdivision because of the lack of commercial
development in that portion of the community. He also expressed his concern that it seems the applicant
is trying to force the project even though many people have indicated they don't want it.
Mr. Sean Garrity, 2370 Highland Boulevard, stated he is very interested in a neighborhood grocery
store at this site, but he feels the proposed store is a little large. He characterized the neighbors' concerns
as legitimate, particularly those relating to traffic. He encouraged the Commissioners to not approve this
application but to look at the entire area and allow a project that serves as a model for the entire state.
Mrs. Kathy Hayner, 1 Hill Street, voiced her opposition to the application, noting that motorists cutting
through the neighborhood and possibly across their lawn will only increase if it is approved; and she is
concerned that this will put the safety of children riding skateboards and bicycles in jeopardy. She briefly
reviewed the history of the zoning on the subject property and the applications that have recently been
approved, including a rezoning to "B-1" and a floodplain fill permit. She stated this proposed project would
be better as part of a cluster development in a "B-2" zoning district, and cautioned that the decision will set
a precedent for how future projects will be handled under the new growth plan.
Mrs. Jennifer Olsson, 2206 Highland Court, stated this application is for a "B-2" size project in a
neighborhood service area. She noted that other grocery stores are located in a "B-2" zoning district, and
such an area is available less than a mile from the proposed site. She stated that 420 southside residents
are opposed to the application and encouraged the Commission to not approve it.
Mr. Michaellvie, 1407 South Rouse Avenue, noted that there have been significant changes in the
neighborhood since he moved there in 1985, including the paving of Kagy Boulevard and realignment of
the intersection. He voiced his preference for seeing a church remain on the site, with high volumes of
traffic on Sunday mornings only; however, he recognized that is probably not realistic given the zoning of
the property and the price it can command. Given the possibilities for development this site, he suggested
the application now before the Commission may be preferable and encouraged its approval.
Ms. Jennifer Allain, 801 Aster Avenue, voiced her support for the application, especially in light of
the alternatives that have been identified.
Ms. Karen Mitchell, 705 South Tracy Avenue, spoke in favor of the project, noting that it will allow
residents in that area to bicycle to a locally-owned business. She noted that approval of the application will
ensure the monies remain in the community and will support urban infill.
Ms. Kasara Young, 221 Mineral Avenue, asked the Commission to approve the application, noting
many of her relatives live in the general area of the proposed store.
Mr. Tom Stonecipher, attorney representing the developer of the commercial subdivision at the
intersection of South 19th Avenue and Kagy Boulevard, spoke in opposition to the application. He noted
that, when identifying what is a small scale grocery store, it is unfair to include the square footages of those
considered regional stores, such as WalMart and Albertson's; and he feels that part of the analysis in the
staff report is incorrect. He encouraged the Commission to recognize the issue is not what could be
developed on the subject site if this application is not approved; rather, the issue is how this proposal fits
within the zoning ordinance and the community growth plan. He stated there are two areas on the south
side of the community that are currently designated to accommodate this type of development, one being
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his client's property and the other being near the hospital. He concluded by stating this application is
inappropriate for a "B-1" zoned parcel and encouraged the Commission to not approve it.
Break - 8:22 to 8:35 D.m.
Mayor Kirchhoff declared a break from 8:22 p.m. to 8:35 p.m., in accordance with Commission
policy.
Public hearina (continued) - Conditional Use Permit for Planned Unit DeveloDment - ADoaee
Architects for Town and Country - allow removal of existina church and construction of building on
25.810-sQuare-foot footDrint with a total of 27.807 gross sauare feet for grocery store. with
relaxations from Section 18.28.020 to allow footDrint to exceed 5.000-sauare-foot limitation and from
Section 18.50.060.D. to allow new building and associated Darkina lot imDrovements to encroach
into watercourse setback that extends to edge of 1 OO-year floodDlain on Lot 3. Block 4. ThomDson's
Addition No.3 (1924 South Third Avenue) (Z-02240)
Mr. Pierce Mullen, 11 Hill Street, noted that the residents in the area will not be able to ignore the
negative impacts of traffic, pollution, transients and trash. He voiced concern that the property values
adjacent to this site will decrease, and that decrease will then spread to their street and further through the
subdivision. He concluded by quoting a line from the second book in Lord of the Rings, "It is unwise to
ignore the dragon."
Mr. Donald Kreitz, 2001 Fairway Drive, spoke in opposition to the application and encouraged the
Commissioners to not approve it.
Mr. Jerry Coffey, 1615 South Black Avenue, stated he rides his bicycle to shop on a regular basis.
He spoke in support of this application, noting that approval will result in an essential facility being located
in the southeast quadrant where none currently exist. He suggested that this will impact traffic, but in a
positive way since residents will not be required to drive across town for groceries.
Mr. Roy Lee, 1548 South Grand Avenue, voiced support for Town and Country Foods but not for
the proposed Kagy location. He noted that the Bozeman 2020 Community Plan identifies how the
community should grow and traffic should flow, and it should be followed. He indicated that he lives on the
corner near the cul-de-sac on South Third Avenue that was designed to slow traffic and make the
neighborhood safer. However, experience has revealed that is not the case and, in fact, has created a less
safe situation due to cut-through traffic. He encouraged the Commission to not approve this application but
to encourage Town and Country Foods to find a location where they can build a larger store that is more
acceptable to both the neighborhood and the users.
Mr. Brian Prahl, 1805 South Willson Avenue, noted that a large number of citizens spent a
considerable amount of time participating in development of the Bozeman 2020 Community Plan, which
specifies the appropriate areas for large stores. He listed his major areas of concern, which include the
potential impacts from encroachments into the floodplain, traffic, lack of parking, safety issues and wildlife
habitat. He encouraged the Commissioners to not approve this application, which he feels would ignore
the new growth plan.
Mr. Stuart Mitchell, 705 South Tracy Avenue, spoke in favor of the application, noting that it fits with
the new growth plan by promoting infill development.
Mr. Ralph Zimmer, 2103 South Tracy Avenue, stated his property abuts the subject site and spoke
in favor of the project. He characterized this application as the best proposal to consider at this time. He
voiced concern that if it is denied, the next application will be for a two-story, multi-building development that
meets requirements but is essentially located in their back yard, impacting their viewshed as well as the
privacy they now enjoy in their bedroom, dining room and back yard. He stated the building under this
application is to be constructed as far from residences as possible. While he has concerns about potential
impacts to the area, he feels that protecting their quality of life and the vegetation and wildlife habitat along
the creek and Kagy Boulevard outweighs those concerns.
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Mr. Kimerick Hayner, 1 Hill Street, noted that over 400 residents in that area signed a petition of
opposition to this application and banded together to pay for limited technical studies of the site and one
small black and white advertisement in the newspaper while Town and Country Foods has undertaken a
full-scale media blitz. He stated this application should be abandoned for a site less controversial and more
suitable. He indicated that, in addition to overtaxing of the streets, he is concerned about lights and exhaust
fumes and encouraged denial of the application.
Mr. Mike Hickman, 209 Westridge Drive, stated this should be a simple zoning issue, not a
popularity contest. He does not believe this proposal meets the requirements of the zone code but flies in
the face of the neighborhood retail centers that reduce traffic. He noted this store should serve as anchor
in a development like the one in which Albertson's is located. He concluded by encouraging the
Commission to adhere to the intent of the growth plan and deny this application, noting that failure to do so
will weaken its viability.
Mr. Frank Meyer, 112 Heritage, stated he looked at many cities and chose Bozeman and this part
of Bozeman because of the lack of commercial development. He noted the city has well-planned
commercial areas along North 7th Avenue and North 19th Avenue, and approval of this application would
result in huge traffic impacts in an area not designed to handle them. He concluded by stating that drawing
large-scale commercial development into a neighborhood area is sprawl and asked the Commission to deny
the proposal.
Mr. Alex Eby, 2025 Stone Creek Road, encouraged the Commissioners to look at the entire
community, not just the neighborhood. He noted that mixed use areas are successful, and the community
needs a grocery store on the south side. He concluded by noting that traffic problems must be fixed with
traffic solutions, not zoning.
Mr. Gerald Lapeyre, 1704 South Willson Avenue, stated he has resided at this address for just short
of forty years. He expressed concern that this application includes requests for relaxation of two zone code
requirements and stated that, to preserve the integrity and validity of the code, this application must be
denied. He concluded by noting there are other areas on the south side of town where grocery stores can
be located under the zoning regulations.
Ms. Mary Vant Hull, 416 East Story Street, noted that many people in the southeast quadrant can
bicycle to Town and Country Foods if it is located on the subject site, but it would be much more difficult to
access a store on South 19th Avenue. She then assured those concerned about their property values that
a decrease would probably not occur, citing the properties around the skate park at Kirk Park as an
example. She noted that Bozeman changed dramatically in the 1990s, with a huge population growth and
big box stores moving in. She noted this influences neighborhood grocery stores and suggested that a
25,000-square-foot store may truly be a neighborhood store in today's environment.
Ms. Glenna Patton, 2105 Highland Court, stated she has raised seven children in this area. She
voiced her support for the proposed grocery store, although she is somewhat concerned about the traffic.
She then cautioned that SENA does not represent many of the neighbors in the area.
Ms. Mary Jane DiSanti, 18 Hill Street, highlighted a letter from Ruth Arnold, who was unable to
attend this meeting. She noted that Mrs. Arnold and her husband built a home at the corner of North 20th
Avenue and West Beall Street, across the street from the existing Town and Country Foods store, but sold
it because of the noise and pollution from that business. She then indicated that she would like to see a
true neighborhood grocery store on this property, citing Heeb's and Joe's Parkway as examples of true
neighborhood stores. She cautioned that promises made regarding the existing store have not been met,
and there are also factors, such as traffic and pollution, which the owner cannot control.
Mr. Jim Perlinski, 526 Cornell Drive, noted he grew up on Highland Court and built his first home just
a block from the existing Town and Country Foods store, later moving just three blocks away from it. He
concluded by noting that many people like to live close to a retail area and encouraged approval of this
application, which would allow for location of a grocery store in the neighborhood.
Mrs. Carolyn "Rusty" Swingle, 2508 Spring Creek Drive, stated she has shopped at the existing
Town and Country Foods for many years. She noted the major concern she has with this application is the
lack of north/south arterials and traffic. She stated that this past winter, she stood in the basement of the
Pilgrim Congregational Church and saw water coming in; and additional paving in the area will only
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compound those water problems. She noted that parking at the current store is inadequate, but there is
some on-street parking available. She concluded by suggesting that the applicant seek another location
for the store.
Mr. Todd Kipper, 1545 South Grand Avenue, stated it is extremely difficult to retrofit commercial
development into an old neighborhood. He noted the issue is one of scale and location, not whether one
is for or against the applicant or economic development. He then acknowledged this is a tough issue and
encouraged the Commissioners to carefully consider the impacts this proposal would have on the area and
the neighborhood.
Mr. Don Bachman, 3910 Sourdough Road, voiced his opposition to the application, noting that South
19th Avenue/Kagy Boulevard would be a much better location for the proposed store. He stated that traffic
and safety are major issues to be considered. He characterized this application as abusing the planned unit
development process to the extreme.
Mr. Dick Dolan, attorney representing Save Our Corner at Kagy and Third, noted that many of his
comments have been forwarded in writing. He then posted a map with push pins depicting the addresses
of those who have submitted prior testimony in support of and in opposition to the application. He noted
this map visually depicts the amount of opposition from property owners in the immediate area and the
scattering of those in support. He reminded the Commissioners that the zone code requires that a
conditional use have no adverse impact on abutting landowners and even those in support ofthe application
have recognized some impacts will result. In light of those issues, he encouraged the Commission to not
approve this application.
Mr. Brian Leland, 528 North Bozeman Avenue, stated that traffic problems will occur even if this site
is not developed; and it is unrealistic to anticipate the site will be developed without some type of impact
to the area. He suggested that those who are concerned about traffic and the manner in which the
intersection functions should call the attorney in the impact fee lawsuit and encourage him to drop it so
those monies can be used to make needed improvements. He concluded by noting that the proposed store
could actually provide some benefits to the area.
Mr. Dane Gamble, 13 Hitching Post Road, spoke in support of the project, noting it places an
essential facility where people live. He suggested that 25,000 square feet in today's market and economic
environment is truly a neighborhood grocery store, and that 5,000 to 7,000 square feet is no longer feasible.
He noted that, given the amount of work that has been done on this project to date and the Planning staff's
findings, it appears the planned unit development concept makes sense for this project.
Mr. Bill Ranard, 3216 Augusta Drive, stated he is Chair of the Development Committee for Christ
the King Church. He noted that this public hearing has generated strong opinions on both sides of the
issue, and he cautioned that many of the residents seem to be hanging their hats on controversial issues
that engender an emotional response. He stated Mr. Perlinski has done a credible job putting together a
plan that addresses the various issues, including lighting, noise, traffic and protection of the creek, in
addition to providing two acres of parkland. He noted that, regardless of what is developed on that corner,
traffic will remain a problem.
Mr. John Thiede, 2506 Westridge Drive, stated that at the present time, he has to travel down South
Willson Avenue and over to 19th Avenue to find groceries. He noted that West Arnold Street and South
11 th Avenue are to be extended in the near future, and the street grid will be further filled in with
development in the southern portion of the community. With those additions to the street system, he noted
that pressures on the intersection adjacent to this property will decrease. He voiced support for this
application, noting that it will keep many of those living in this area from driving through other neighborhoods
to reach a grocery store.
Assistant Planner Morris responded to questions and issues raised during the public hearing. She
noted that 60 percent open space is to be provided under this application, exclusive of landscaping in the
parking lot. In addition, the applicant is proposing a 2ml:z-foot front yard setback from both roadways, which
is substantially greater than the 7 -foot setback required in the zone code. She indicated that, with WalMart
deleted from the list of grocery stores, the mean average is 32,400 square feet and the median average is
35,300 square feet. She indicated that a 50-foot stream bank setback is to be provided, with a majority of
the existing vegetation remaining; and that will protect the existing riparian zone and wildlife habitat. She
stressed that this is not a rezoning; rather, it is a planned unit development process that is designed for
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maximum flexibility and innovation. She concluded by reiterating staff's recommendation for approval,
noting staff feels the issues identified can be adequately addressed through conditions.
Mr. Jerry Perlinski provided a final statement for the hearing. He noted that when the existing Town
and Country Foods store was begun over thirty years ago, North 19th Avenue did not exist and Kirk Park
had just been completed. That store has encountered problems as it has grown with the community, and
many of those have been identified during this hearing. He noted that during reviews for expansion,
Planning staff was unable to support the requests; but the City Commission felt those changes would be
beneficial and approved them. He reminded the Commission that staff and the various advisory review
bodies have forwarded a recommendation for approval of this application and asked that the Commission
concur with that recommendation.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Break - 9:50 to 9:57 D.m.
Mayor Kirchhoff declared a break from 9:50 p.m. to 9:57 p.m., in accordance with Commission
policy.
Public hearing (continued) - Conditional Use Permit for Planned Unit DeveloDment - ADoaee
Architects for Town and Country - allow removal of existina church and construction of buildina on
25.810-sauare-foot footDrint with a total of 27.807 aross sauare feet for arocerv store. with
relaxations from Section 18.28.020 to allow footDrint to exceed 5.000-sauare-foot limitation and from
Section 18.50.060.D. to allow new buildina and associated Darkina lot imDrovements to encroach
into watercourse setback that extends to edae of 1 OO-vear floodDlain on Lot 3. Block 4. Thompson's
Addition No.3 (1924 South Third Avenue) (Z-02240)
Responding to questions from Commissioner Hietala, Assistant Planner Morris stated that 70
parking spaces are required by the zone code for this project, and the applicant is proposing approximately
90 spaces. Further responding to the Commissioner, Mr. Perlinski stated the existing store has
approximately 70 spaces.
In response to additional questions from Commissioner Hietala, Project Engineer Bob Murray
characterized the Kagy Boulevard/South Third Avenue/South Willson Avenue intersection as probably the
most studied intersection in Bozeman; and all of those studies indicate the intersection is currently operating
at an acceptable level and will degrade to a less acceptable service level by 2020, assuming a 4-percent
growth rate per year and assuming other facilities, such as South 11 th Avenue and Graf Street, are not
constructed. He then turned his attention to the issue of roundabouts, noting they are below signalization
in the hierarchy of intersection controls. He further cautioned that this is a State-controlled intersection and
that the State does not allow roundabouts because ADA concerns have not been adequately addressed.
Mayor Kirchhoff thanked those who attended this public hearing for their respect and courtesy. He
then indicated that, based on his review of the application and the input received, he supports the proposal.
He noted the staff report demonstrates a planned unit development is appropriate for this intersection, and
this proposal complies with the Bozeman 2020 Community Plan. He noted that, while it is not a 5,000-
square-foot building, the proposed grocery store is not a large scale facility. He suggested that, given the
fact that buildings are getting larger throughout the community, it may no longer be possible for a 5,000-
square-foot commercial use to get a foothold. He then characterized this project as outstanding and
providing for many positives to be enjoyed even by those who oppose this application.
Commissioner Youngman noted that, as an advocate of the Bozeman 2020 Community Plan, she
has arrived at a different conclusion. She noted that she has viewed this proposal as too much for this site,
and that position has been reinforced through the public input received to date. She recognized the positions
reached by the Planning staff and Mayor Kirchhoff; however, she feels some adverse impacts would remain
even with the conditions that have been recommended. One of the more serious negative impacts is off-site
traffic circulation, including cut-through traffic in a neighborhood without sidewalks. She recognized that
the applicant could be required to provide traffic calming devices and sidewalks, but those would be at a
substantial cost. Failure to adequately address such issues has come back to haunt the Commission
repeatedly and never seem to be fully resolved. She stated that, to date, nothing in that area has made the
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streets actively dangerous, but she feels approval of this application would. Other issues of concern include
headlights and quality of life impacts. She concluded by noting the very popularity of this proposal results
in the major arguments against it and stated she feels this application is for a full service community grocery
store that is beyond a neighborhood service.
Mayor Kirchhoff noted that Kagy Korner is located across Kagy Boulevard from the proposed site.
It contains 4.4 acres and has 45,000 square feet of mixed uses that generate more traffic than this proposal
would.
Commissioner Youngman stated the immediate area around the subject site is not designed for
increased traffic, and pedestrians and bicyclists also use the streets because there are no sidewalks. She
then noted that parking at the current store is maxed out at peak times, and people park on the street. In
this instance, there is no opportunity for on-street parking near the store and the amount of parking
proposed is in roughly the same proportion as the current store. The only opportunity for providing
additional parking would be to add spaces in the riparian area, which she does not support.
Commissioner Brown voiced his concurrence with many of Commissioner Youngman's comments.
He recognized that the corner was initially zoned for low-density residential development, which is
unrealistic; and he feels that rezoning it for the lowest possible commercial density was appropriate. He
noted that the concept plan reviewed by the Commission was for a 35,OOO-square-foot store, which has
been reduced in this application; however, it is still a large grocery store that appeals to a much larger area
than just the neighborhood and is not even close to the 5,OOO-square-foot limit for the "B-1" zoning district.
He noted that, for him, the bottom line is that this is "the right grocery store in the wrong location." He
indicated that problems with traffic movement through the intersection can be adequately addressed through
engineering; however, traffic through adjacent neighborhoods is a much more significant problem. He is
also concerned that issues such as noise, diesel fumes and lights cannot be adequately mitigated. Many
of the parking spaces are to be located in the floodplain and, while that may be preferable to a building, it
is still an impervious surface. Soils on the site are also quite wet and contain organic matter, and it may be
necessary to remove a significant amount of dirt to reach a stable foundation upon which to construct a
building. He concluded by stating he cannot support this application.
Commissioner Cetraro acknowledged the remarkable job that the architects have done in preparing
this application and submitting an attractive project. He feels the project protects the neighborhood and the
site, and he recognizes the planned unit development process is the only option for considering it. He finds,
however, that this proposal is not for a neighborhood use; and he is concerned about traffic and adverse
impacts on the neighborhood. He then indicated this type of use can be more appropriately planned in a
regional commercial area, but it is too large for the neighborhood commercial area.
Commissioner Hietala stated the planned unit development process allows for maximum flexibility,
and he feels this project fits within that process. He acknowledged the excellence of the design proposed,
noting that it carries opportunities and benefits with it. He noted that the intersection adjacent to this
property is a major one that will require improvements to a higher standard at some time in the future, and
recognized that enhancing the traffic grid in that general area will further improve traffic circulation. He
expressed agreement with Commissioner Youngman's suggestion that conditions be added to require the
installation of sidewalks, and he also suggested adding a condition to require additional parking spaces.
He characterized the Bozeman 2020 Community Plan as being about lifestyles and indicated he feels this
application generally preserves them and, over the long run, enhances them. He acknowledged that a
25,OOO-square-foot store is conceptually a tremendous stretch from the 5,000-square-foot limitation in the
zone code; however, he views this as a large neighborhood grocery store that will serve the City's large
south side. He concluded by recognizing this may not be the most appropriate project for this location but,
since the Commission deals with overall development of an area on a piecemeal basis, he feels this is
probably the best option currently available.
Mayor Kirchhoff recognized that consideration of infill development is always difficult, but he does
not want to push development outward in the community. He suggested that, with the larger community,
it may no longer be possible to expect the small sizes anticipated in the zone code. He then noted that, with
or without this project, substantial intersection modifications will be required before the year 2020. He
suggested that the parking lot, which may be too small, will be self-regulating; and people will learn when
to shop or will find another place to go. He then cited several projects that were controversial in the past
but that have been constructed and now contribute to the fabric of the neighborhood, including the paving
of Kagy Boulevard, the Wood brook Townhouses and Kagy Korner. He suggested that the quality design
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in this project will probably not be duplicated in any future proposal and concluded by noting that the
Bozeman 2020 Community Plan has been adopted, and the Commission cannot back down from
implementing it because of community criticisms.
It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Conditional
Use Permit for Planned Unit Development, as requested by Apogee Architects for Town and Country Foods
under Application No. Z-02240, to allow for removal of the existing church and construction of a building on
a 25,81 O-square-foot footprint with a total of 27,807 gross square feet for a grocery store on Lot 3, Block
4, Thompson's Addition No.3, with relaxations from zoning regulations, as follows: (1) from Section
18.28.020, to allow the building footprint to exceed the 5,000-square-foot limitation; and (2) from Section
18.50.060.0., to allow the new building and associated parking lot improvements to encroach into the
watercourse setback that extends to edge of 1 OO-year floodplain, be denied. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and
Commissioner Cetraro; those voting No being Commissioner Hietala and Mayor Kirchhoff.
Adjournment - 10:45 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. 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.
STd~.~~
ATTEST:
r&.~~
Clerk of the Commission
01-13-03