HomeMy WebLinkAbout1999-07-19 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 19, 1999
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, July 19, 1999, at 3:00 p.m. Present were Mayor Pro Tempore
. Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager
Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission
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.
Selection of Mavor for remainder of Calendar Year 1999
City Manager Clark Johnson noted that, included in the Commissioners' packets, was
a memo from City Attorney Luwe, dated July 6, forwarding the statutory requirements for
selection of a Mayor for the remainder of the calendar year. He also noted that staff has
gathered a hard hat, slips with the Commissioners names, three long straws, three short straws
and a deck of cards in preparation for the selection of the Mayor.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Mayor
Pro Tempore Youngman be appointed as Mayor and that Don Stueck be appointed to fill the
. vacant Commissioner position left by Mayor Stiff's resignation. In light of advice from the City
Attorney, Mayor Pro Tempore Youngman determined the motion was inappropriate since the
selection of a fifth Commissioner is an agenda item for the evening session.
Commissioner Rudberg noted that at last week's agenda meeting, the Commissioners
decided to move appointment of the Mayor from the evening session to the first business item
on the agenda, and could have moved both but did not.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
selection of the fifth Commissioner be moved from the evening session to the afternoon
session. The motion failed by the following Aye and No vote: those voting Aye being
Commissioner Rudberg and Commissioner Smiley; those voting No being Commissioner Frost
and Mayor Pro Tempore Youngman.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Mayor be selected by having City Attorney Luwe draw the name out of the hard hat. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore Youngman; those
voting No, none.
City Attorney Luwe drew the name out of the hard hat, and City Manager Johnson
announced that the name selected was "Commissioner Marcia Youngman".
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Minutes - SeDtember 8. 1998. ADril 5. ADril19. ADril 26. June 21. Julv 6. Julv 7 and July 12.
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It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
minutes of the meetings of July 7 and July 12, 1999, be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none.
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Mayor Youngman deferred action on the minutes of the meetings of September 8, 1998,
and April 5, April 19, April 26, June 21 and July 6, 1999 to a later date.
Conditional Use Permit - Ervin and Agnes Sukut - allow construction of 3.700-sQuare-foot
church on remainder of Baxter Subdivision NO.1 (Kinadom Hall. 1367 Thomas Lane) (Z-9977)
This was the time and place set for review of the Conditional Use Permit requested by
Ervin and Agnes Sukut, under Application No. Z-9977, to allow the construction of a 3,700-
. square-foot church on the remainder of Baxter Subdivision No.1. The subject property is more
commonly located at 1367 Thomas Lane and will house the Kingdom Hall.
Assistant Planner Joni Killebrew presented the staff report. She stated that under this
Conditional Use Permit, the Kingdom Hall is to be constructed at the northwest corner of the
intersection of Baxter Lane and Thomas Avenue. She noted that this property is also the
subject of an annexation process and a rezoning process.
The Assistant Planner stated that the City-County Planning Board held its public hearing
on this Conditional Use Permit at its meeting held on July 7. She stated that, following
consideration of the criteria and staff's findings, as contained in the written staff report, the
Planning Board concurred in staff's recommendation for approval, subject to nineteen
conditions. She noted that, following that public hearing, staff identified another condition to
be added, to ensure that the annexation process is completed prior to drawing of the building
permit, and that added condition has been forwarded in a memo dated July 8, 1999.
The applicant was not present, and no one was present to speak in support of or in
opposition to the requested conditional use permit.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Conditional Use Permit requested by Ervin and Agnes Sukut, under
. Application No. Z-9977, to allow the construction of a 3,700-square-foot church on the
remainder of Baxter Subdivision No.1, subject to the following conditions:
1. Per Section 18.50.120.F.2, the final site plan shall show adequate parking
as defined by the Bozeman Municipal Code. For churches, the code
requires 1) one space per four seats or six linear feet of space in each
building based upon design capacity of main assembly hall, plus 2) public
assembly areas, recreational buildings; one per 200 square feet, plus 3)
classrooms; one space per four seats.
2. Per Sections 18.50.1 OO.E. and 18.50.1 00.E.(2), any parking lot providing
fifteen or more parking spaces shall have a minimum of twenty square feet
of landscape area within the parking lot for each off-street parking space
in the lot. Internal parking lot
landscaping provided shall be
proportionately dispersed so as to define aisles and limit unbroken rows of
parking to a maximum of one hundred feet. The minimum width and/or
length of any parking lot landscaped area shall be eight feet (8').
3. Per Section 18.50.100.Li, the final site plan shall include a detail of a
permanent irrigation system for the landscaped areas.
4. Parking lot screening shall be
provided as specified in Sections
. 18.50.100.5.A.1. and 18.50.100.5.A.222. of the Bozeman Municipal
Code. The screening required shall not be less than eight feet in width
and shall be maintained at a height of four to six feet.
5. All signage shall comply with Section 18.65 of the Bozeman Municipal
Code.
6. The parking lot lighting detail on the final site plan must comply with
Section 18.50.035.A.1. Any lighting used to illuminate an off-street
parking area, sign or other structure, shall be arranged so as to deflect
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light down and/or away from any adjoining residential district and shall not
detract from driver visibility on adjacent streets.
7. The final site plan shall be adequately dimensioned and show all existing
easements.
8. Currently the property is not served by a pressurized water supply for
firefighting. Fire Department approval for any new construction on the
property would require the installation or extension of a fire code
. compliant water supply (fire hydrant) to the property. Prior to the
issuance of a building permit, two hydrants must be installed and
approved by the Fire Marshal.
9. A Storm Water DrainagelTreatment Grading Plan and Maintenance Plan for
a system designed to remove solid, silt, oils, grease, and other pollutants
must be provided to and approved by the City Engineer. The plan must
demonstrate adequate site drainage (including sufficient spot elevation),
storm water detention/retention basin details (including basin sizing and
discharge calculations and discharge structure details), storm water
discharge destination, and a storm water maintenance plan.
10. Sewer and water services shall be shown on the final site plan and
approved by the Water/Sewer Superintendent. City
of Bozeman
applications for service shall be completed by the applicant.
11. The location of existing water and sewer mains shall be properly depicted,
as well as nearby fire hydrants. Proposed main extensions shall be labeled
"proposed" .
12. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt
. paving section detail shall be provided to and approved by the City
Engineer. Concrete curbing shall be provided around the entire new
parking lot perimeter and adequately identified on the final site plan.
13. Drive approach and public street intersection sight triangles shall be free
of planting which, at mature growth, will obscure vision within the sight
triangle.
14. Paving of Thomas Lane will be done at the option of the applicant. Any
paving that is done should be considered temporary. For the applicant's
information, the future plans for North 27th Avenue/Thomas Lane are for
four lanes divided by a median where the power poles now exist. It is
anticipated that development will occur to the east of this road first and,
as that is done, the east half for the future North 27th Avenue will be
constructed. At that time direct access onto Baxter Lane from Thomas
Lane may need to be eliminated. Thomas Lane will serve as a frontage
road for the properties to the west and will access North 27th Avenue at
regular intervals. When it is completely constructed, what is now Thomas
Lane will serve the southbound traffic, and what is now North 27th
Avenue will serve the northbound traffic.
15. Prior to the applicant/owner obtaining a building permit for construction of
. Kingdom Hall, the Sukut Annexation Agreement and any waivers of right
to protest the creation of special improvement districts shall be signed and
filed with the Gallatin County Clerk and Recorder's Office.
16. The project shall be constructed as presented by the applicant, and as
approved and conditioned through this review. Any modification to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modification for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
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17. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional
use permit procedure.
18. That all of the special conditions shall constitute restrictions running with
the land use shall be binding upon the owner of the land, his successors
or assigns, shall be agreed to in writing by the applicant and shall be
recorded as such with the Gallatin County Clerk and Recorder's Office by
the property owner prior to the issuance of any building permits, final site
. plan approval or commencement of the conditional use.
19. All conditions specifically stated under this approval shall apply and be
adhered to by the owner of the land, successors or assigns.
20. Seven copies of the final site plan showing how all conditions of approval
will be addressed must be submitted to the Planning Office within six
months of final approval of the application. An Improvements Agreement
must be signed by the applicant prior to final site plan approval. A
building permit must be obtained before the commencement of any work
and must be obtained within one year of final site plan approval. A
building permit will not be issued until the final site plan is approved. If
occupancy of any structure within any phase is to occur prior to
completion of all required improvements, the Improvements Agreement
shall be financially guaranteed as outlined in the zone code to secure the
improvements required for the affected phase.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No,
none.
. Conditional Use Permit - Lowell Springer for CaDe/France Enterprises - allow construction of
three-story. 113-unit assisted living facilitv on Lot 1. COS No. 2089 - StoneRidge Conareaate
Living Facilitv. 2219 West Oak Street (Z-9927)
This was the time and place set for review of the Conditional Use Permit requested by
Lowell Springer for Cape/France Enterprises, under Application No. Z-9927, to allow the
construction of a three-story, 113-unit assisted living facility on Lot 1, Certificate of Survey No.
2089. The subject property is located at 2219 West Oak Street and is to house the
StoneRidge Congregate Living Facility.
Senior Planner Dave Skelton presented the staff report. He stressed the proposed 113-
unit, three-story congregate living facility is not a care facility. He noted that each living unit
will have its own cooking facilities, but the facility will also have a cafeteria for those who wish
to use those dining facilities.
The Senior Planner reviewed the location of the proposed StoneRidge congregate living
facility, noting that it is the first project in Phase III of the StoneRidge Planned Unit
Development. He stated it is located along the north side of West Oak Street, less than a
quarter mile west of its intersection with North 19th Avenue. He noted that to the west of this
site is the Rose Park Subdivision and to the south is Brentwood Subdivision. One letter has
been received from Richard Williams, a resident of the Brentwood Subdivision, raising questions
. about this type of use in this area, particularly in light of the traffic it may generate. The Senior
Planner stressed that this facility is for retired individuals and, as a result, its traffic impact
should be significantly less than would be encountered with an apartment complex or a
condominium development.
The Senior Planner characterized this facility as an integral part of the StoneRidge
Planned Unit Development and was included in the original plans for the development. He
noted that it is a big building, but staff and the Design Review Board feel it has been
architecturally designed to minimize impacts on the area. He also noted that it meets the
landscaping and architectural guidelines for the planned unit development. He indicated that,
07-19-99
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prior to the public hearing before the City-County Planning Board, the applicant held a
neighborhood meeting; and it appears that meeting was successful since there was no public
testimony at the public hearing and only one letter has been received.
Senior Planner Skelton stated that the City-County Planning Board conducted its public
hearing on this application at its July 7 meeting. Following review of the criteria, the staff's
findings as contained in the written staff report and the public testimony, the Planning Board
concurred in staff's recommendation for approval, subject to 43 conditions. He briefly
highlighted some of those conditions, noting that many of them are designed to ensure that this
. development is compatible with the single-family residential development immediately to the
south, to ensure enhanced landscaping along West Oak Street, and to ensure that an enhanced
trail system is provided through this site, particularly since Rose Park is to be the hub of the
trail system in this area.
Responding to Commissioner Frost, Senior Planner Skelton stated that the proposed
lighting for this facility meets the lighting standards in the zone code. He stated it is a shoebox
fixture which directs the light downward and away from the streets.
Mr. Lowell Springer, architect representing the applicant, stated he is pleased with the
review process and feels that the Design Review Board's input and suggestions have resulted
in a better project. He indicated that the traffic impacts from this development should be less
than from any other type of development that might occur on this site, noting that a bus and
limousine service will probably be used extensively by the residents. With those available
services, he suggested that many residents will either drive a minimal amount or not at all. He
concluded by stating his concurrence with the conditions recommended by staff and the
Planning Board.
No one was present to speak in opposition to the requested conditional use permit.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
. Commission approve the Conditional Use Permit requested by Lowell Springer for Cape/France
Enterprises, under Application No. Z-9927, to allow the construction of a three-story, 113-unit
assisted living facility on Lot 1, Certificate of Survey No. 2089, subject to the following
conditions:
1. That the final site plan shall be adequately dimensioned.
2. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for
a system designed to remove solids, silt, oils, grease, and other pollutants
must be provided to and approved by the City Engineer. The plan must
demonstrate adequate site drainage (including sufficient spot elevations),
storm water detention/retention basin details (including basin sizing and
discharge calculations and discharge structure details), storm water
discharge destination, and a storm water maintenance plan.
The applicant shall provide an easement for the existing pond on the west
side of the site.
3. Plans and specifications for any water and sewer main extensions
prepared by a Professional Engineer (PE) shall be provided to and approved
by the City Engineer. Water and sewer plans shall also be approved by
. 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.
Specific comments regarding the existing and proposed infrastructure shall
be provided at that time. 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.
4. Plans and specifications for any fire service line must be prepared in
accordance with the City's Fire Service Line Policy by a Professional
Engineer (PE), and be provided to and approved by the City Engineer prior
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to initiation of construction of the fire service or fire protection system.
The applicant shall also provide professional engineering services for
construction inspection, post-construction certification, and preparation of
mylar record drawings.
5. 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 edge of easement.
. 6. Sewer and water services shall be shown on the final site plan and
approved by the Water/Sewer Superintendent.
City of Bozeman
applications for service shall be completed by the applicant.
7. The location of existing water and sewer mains shall be properly depicted,
as well as nearby fire hydrants. Proposed main extensions shall be labeled
"proposed" .
8. The drive approach shall be constructed in accordance with the City's
standard approach (i.e., concrete apron, sidewalk section and drop-curb)
and shown as such on the final site plan. A City Curb Cut and Sidewalk
Permit shall be obtained prior to final site plan approval.
9. City standard sidewalk shall be installed and properly depicted at the
standard location (i.e., 1 foot off new easement line) along the street(s)
frontage. Any deviation to the standard alignment or location must be
approved by the City Engineer.
10. Typical curb details (Le., raised and/or drop curbs) and typical asphalt
paving section detail shall be provided to and approved by the City
Engineer. Concrete curbing shall be provided around the entire new
. parking lot perimeter and adequately identified on the final site plan.
11. The applicant shall provide the street and utility easement shown on the
site plan which is 25 feet wide the entire length of the property prior to
final site plan approval.
12. The applicant shall financially guarantee signalization and intersection
improvements to the intersection of North 19th and West Oak to bring the
level of service of the intersection up to a Level C for the 15 year design
period. If an agreement approved by the City Commission is in place to
fully fund and construct the needed improvements in a timely manner, the
applicant will not need to financially guarantee the improvements. In
either case, the building shall not be occupied until such time as the
signalization and intersection improvements are in place and operational.
13. The Montana Fish, Wildlife & Parks, SCS, Montana Department of
Environmental Health and Army Corps of Engineers shall be contacted
regarding the proposed project and any required permits (i.e., 310, 404,
Turbidity Exemption, etc.) shall be obtained prior to final site plan
approval.
. 14. Applicant shall provide and file with the County Clerk and Recorder's
Office executed waivers of right to protest creation of SIDs for the
following:
a. Street improvements to West Oak Street including paving,
curb/gutter, sidewalk, and storm drainage (unless currently
filed with the property).
b. Signalization and intersection
improvements to the
intersection of West Oak Street and North 19th Avenue.
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15. The required number of off-street parking spaces shall be provided by the
applicant in accordance with Section 18.50.120.B(3) of the zone code
unless a variance or deviation is granted by the governing body.
16. The configuration of the off-street parking shall comply with the
requirements of Section 18.50.120 of the zone code unless a deviation or
variance is granted by the governing body. This includes parking stall
dimensions, drive aisle widths, lot surfacing and curbing.
. 17. All existing utility and other easements must be shown on the final site
plan.
18. Adequate snow storage area must be designated outside the sight
triangles, but on the subject property.
19. Drive approach and public street intersection sight triangles shall be free
of plantings which, at mature growth, will obscure vision within the sight
triangle.
20. That the applicant complete one of the following procedures prior to
proceeding with the project:
a. Relocate the proposed public trail easement located at the
southeast corner of the subject property to the adjoining
east property, or
b. That the applicant provide documentation of executing at
the Gallatin County Clerk & Recorder's Office a twelve (1 2)
foot wide public trail corridor easement prior to final site plan
approval.
. 21. That the applicant prepare a common signage plan for said property that
complies with the Bozeman Sign Code, depicting dimensions, location,
types, color and illumination methods for all signs proposed, for review
and approval by the Planning Office prior to final site plan approval.
Monument signs shall be a minimum of five (5) feet inside the twenty-five
(25) front yard setback and not greater than five (5) feet in height or
twenty-four (24) square feet in area.
22. That the applicant revise the landscape plan for the project to include the
following:
a. Replace the thornless honey locust trees with a boulevard
tree that contains a fuller and larger shape (i.e., ash or
maple);
b. Provide an additional mix of large trees, ornamental trees,
bushes and shrubs along the southeast wing of the structure
facing West Oak Street;
c. All trees to be installed along West Oak Street, including the
. boulevard and interior front yard trees, shall be installed at
a minimum caliper of 2-inches for deciduous and not less
than 10 feet in height for coniferous trees; and
d. That the landscape plan be revised, prepared and certified by
a local nurseryperson that reflects the revisions above, for
review and approval by the Planning Office prior to issuance
of final site plan approval.
23. That the applicant verify the location of Catron Creek in proximity to the
property boundary of said site by physically staking all points of said
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property along the eastern boundary for review and approval by the
Planning Office prior to final site plan approval.
24. Prior to final site plan approval the applicant shall apply for and obtain
planned unit development final plan approval for StoneRidge Subdivision
P.U.D., to include but not limited to, executing at the Clerk and Recorder's
Office the protective covenants and restrictions, architectural
and
landscape guidelines, and property owners' association documents for said
planned unit development.
. 25. That the applicant, upon submitting the final site plan for approval by the
Planning Director and prior to issuance of a building permit, also submit a
written narrative outlining how each of the above conditions of approval
have been satisfied.
26. That the applicant provide the Planning Office with a typical color palette
for the project that addresses the Design Objectives Plan for entryway
corridors, and that it be noted accordingly on the exterior elevations prior
to final site plan approval and issuance of a Certificate of Appropriateness.
27. That the applicant provide the Planning Office with a materials palette
demonstrating the type of asphalt shingles (architectural textured
shingles), siding types, wall finish details, and window frames to be used
on the project prior to final site plan approval and issuance of a Certificate
of Appropriateness.
28. That the applicant submit a common signage plan for said project that
demonstrates compliance with the Sign Ordinance, for review and
approval by the Planning Office, prior to final site plan approval and
issuance of a Certificate of Appropriateness.
. 29. That the applicant revise the landscape plan for the project along West
Oak Street to address the landscape guidelines recommended in the D.R.B.
staff report for review and approval by the Planning Office.
30. That the landscape plan be revised, prepared and certified by a local
nurseryperson that reflects the revisions outlined in the D.R.B. staff report,
as well as a variety in seasonal color, textures, size and shape for review
and approval by the Planning Office prior to issuance of a C.O.A. and final
site plan approval.
31. That the applicant provide on the site plan and exterior elevations the
location of all roof-top and ground-mounted mechanical and utility
equipment, as well as a typical detail illustrating the materials, color, and
method of screening used to screen the equipment from adjacent
properties and public streets, for review and approval by the Planning
Office prior to issuance of a C.O.A. and final site plan approval.
32. That the applicant verify on the exterior elevations that a mid- to high-
range architecturally textured asphalt shingle will be installed on the hip
and gable roofs, for review and approval by the Planning Office prior to
. final site plan approval or issuance of a Certificate of Appropriateness.
33. That the applicant obtain a building permit within one (1) year of receiving
a Certificate of Appropriateness and minor site plan review approval and
prior to proceeding with construction of the project.
34. That the applicant increase the number and variety of species along the
Catron Creek linear trail, the retention pond at the northeast corner of the
property, that the retention ponds be reconfigured to a more organic form,
and that landscape and trees along the southeast area be reconfigured to
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give a more parklike setting, for review and approval by the Planning
Office prior to final site plan approval.
35. That the applicant provide a change in material or paving to be considered
for pedestrian/street connections, that pedestrian connections be provided
from the interior sidewalks to Oak Street, the linear trail, and Rose Park,
and that a meandering path be developed throughout the site for the use
of the residents, for review and approval prior to final site plan approval.
. 36. That seven (7) copies of the final site plan containing all of the conditions,
corrections and modifications approved by the Development Review
Committee (DRC) shall be submitted for review and approval by the
Planning Director within six months of the date of DRC approval. A copy
of the approved final site plan shall be forwarded to the Building,
Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the
Planning Office; and one copy shall be retained in the Planning Office file.
37. That the applicants shall enter into an Improvements Agreement with the
City to guarantee the installation of required on-site improvements at the
time of final site plan submittal. Detailed cost estimates, construction
plans and methods of security shall be made a part of that Agreement.
38. That a building permit must be obtained prior to the work and must be
obtained within one year of final site plan approval. Building permits will
not be issued until the final site plan is approved. Minor site surface
preparation and normal maintenance shall be allowed prior to submittal and
approval of the final site plan,
including excavation and footing
preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING
PERMIT IS OBTAINED.
. 39. If occupancy of any structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be
secured by a method of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less
than twelve (12) months; however, all on-site improvements shall be
completed by the applicant within nine (9) months of occupancy to avoid
default on the method of security.
40. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and specific conditions imposed by the conditional
use permit procedure.
41. That all of the special conditions shall constitute restrictions running with
the land use, shall be binding upon the owner of the land, his successors
or assigns, and shall be recorded as such with the Gallatin County Clerk
and Recorder's Office by the property owner prior to the issuance of any
building permits, final site plan approval or commencement of the
conditional use.
42. That all conditions specifically stated under any conditional use listed in
. Title 18 of the Bozeman Municipal Code shall apply and be adhered to by
the owner of the land, successors or assigns.
43. That all of the special conditions shall be consented to in writing by the
applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No,
none.
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Ordinance No. 1499 - adding Chaoter 8.44 to the Bozeman Municioal Code. providing for fire
control and reauiring burning oermits within city limits
Included in the Commissioners' packets was a copy of Ordinance No. 1499, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1499
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A NEW CHAPTER TO BE NUMBERED 8.44, PROVIDING FOR THE
FIRE CONTROL WITHIN THE CITY LIMITS AND PERMIT PROVISIONS.
Included in the Commissioners' packets were a memo from Staff Attorney Patricia Day-
Moore, dated June 29, and a memo from Fire Marshal Chuck Winn, dated July 7, regarding this
proposed ordinance.
Fire Chief Aaron Holst stated that the County Commission has previously worked with
the Fire Council, of which Bozeman is a member, in addressing issues such as burn barrels.
He noted, however, that this year, in an effort to provide for better ability to enforce these
provisions, the County Commission adopted its regulations by ordinance. He stated that such
ordinances are not applicable within city limits, so Bozeman must now adopt its own ordinance.
He characterized these regulations as being very little different from those under which the City
previously operated.
Commissioner Smiley questioned why burn barrels are to be prohibited within city limits
and asked if it is based on citizen complaints. She then proposed that an option for burn
barrels be provided, with those barrels subject to burn permits.
Fire Chief Holst stated that there have not been a significant number of citizen
. complaints about burn barrels. He noted, however, that it is easier to use a burn barrel in the
county, where the population is less dense. He characterized burn barrels within the city as
not so much a fire protection and fire prevention issue as a public nuisance. He stated that
with a burn barrel it is hard to verify the fuels being burned; and they are more easily left
unattended, which is inconsistent with the ordinance.
Responding to Commissioner Smiley, the Fire Chief stated that even if the use of burn
barrels in city limits were restricted to yard debris, like leaves, twigs and cuttings from pruning,
it would be difficult to verify what was being burned and there is a potential it would smolder.
Commissioner Smiley stated she is concerned about adopting new laws that "put people
into a smaller box", particularly when there are not a significant number of complaints upon
which to base the need for such a law. She suggested that, rather, it would be better to
address the specific incidents when they occur.
Responding to Mayor Youngman, Commissioner Smiley acknowledged that the City does
have a composting program in the summer; however, she stated the City does not have
adequate staff. She also cited the problems encountered with the fall leaf pick-up, noting that
a majority of the time it snows before all the leaves are picked up.
Commissioner Rudberg stated that she, too, would like to see burn barrels addressed in
a different manner, possibly with a permit.
. Commissioner Frost stated that, while he supports the ordinance as submitted, he can
also agree to allowing burn barrels, restricting their use to certain objects and requiring a
permit. He then characterized this as both a safety and a nuisance issue.
Mayor Youngman stated that, while she would have supported the ordinance as drafted,
she can also support it with a permit. She noted that if time shows that it is a problem, the
Commission can further restrict the use of burn barrels in the future.
07-19-99
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In light of the Commission discussion and in response to questions from the
Commissioners, Fire Chief Holst suggested that the Commissioners could provisionally adopt
the ordinance and direct staff to amend it prior to final adoption. He noted that the amendment
could be to simply remove the prohibition on burn barrels and require that a permit be obtained
for their use. He then indicated that the same restrictions will apply to burn barrels as apply
to open burning.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Ordinance No. 1499, adding Chapter 8.44 to the Bozeman Municipal Code, providing for fire
. control and requiring burning permits within city limits, be provisionally adopted; and that it be
revised per the above discussion and brought back in two weeks for final adoption. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none.
Reauest for imDact fee credits for intersection imDrovements at Durston Road and North 19th
Avenue - Steve Daines for Madison Place ADartments (corner of Michael Grove and Durston
Road)
Previously distributed to the Commission was a memo from Associate Planner Chris
Saunders, dated June 18, forwarding a request from Steve Daines for an impact fee credit for
the Madison Place Apartments. Also included in the Commissioners' packets for this meeting
was a memo from Associate Planner Saunders, dated July 8, forwarding additional information
in response to questions raised by the Commission during the agenda meeting on June 28.
Associate Planner Chris Saunders presented the staff report. He stated that in
compliance with one of the conditions of major site plan approval for Madison Place
Apartments, located at the corner of Michael Grove Avenue and Durston Road, the applicant
has financially guaranteed 10 percent of the estimated costs of the traffic signal improvements
at the intersection of Durston Road and North 19th Avenue through a letter of credit currently
. on file with the City. He noted that staff has reviewed this request and forwarded a
recommendation that it not be approved. He stated the principal basis of that recommendation
is that the wording of Condition No.7 for the major site plan approval makes it appear this is
a direct project-related improvement, which is not eligible for impact fee credits.
The Associate Planner briefly reviewed his memo of July 8, in which he noted the
estimated cost of the intersection improvements is $130,857.82. He then noted that 70
percent of the costs of those improvements have been assigned to projects in the immediate
area, and two other projects must participate in those improvements, although the percentages
have not been assigned.
Responding to questions from the City Manager, Associate Planner Saunders stated that
this project is listed in the street impact fee capital improvement program, and that program
was adopted with the last budget. He then confirmed that, if the condition were worded
differently, this project might qualify. He suggested that if the applicant had come forward and
offered to fund a certain percentage of the traffic signal so his project could move forward
more quickly, then impact fee credits could be considered. He noted, however, that in this
instance the conditions of approval assign a specific percentage of costs to the project.
Mr. Steve Daines, applicant, indicated that he wishes the condition had been worded
differently. He stated that he has proceeded on the principles of fairness and proportionality;
. however, he does anticipate that his 56-unit apartment complex will create 10 percent of the
traffic which goes through the intersection of North 19th Avenue and Durston Road. He also
noted it is important to recognize that the intersection currently operates at Level "F". He
indicated that, in the spirit of cooperation, he provided the required financial guarantee for 1 0
percent of the costs of the intersection improvements in the anticipation that the actual costs
assigned to his project would be determined at a later date and that he would be eligible for
credits in the future.
Mr. Lowell Springer, architect for the project, stated that he was under the impression
it did not matter what percentages were initially assigned to the various projects underway in
that immediate area; the issue would be revisited later and the actual allocation of cost would
07-19-99
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be based on actual figures, like a traffic study, with the difference then being credited back to
the various projects. He then indicated that the Daines group did come forward and offer to
provide a financial guarantee for 10 percent of the costs of the intersection improvements so
they could proceed with this project, and that offer then became a condition of approval. He
then compared this intersection to the others along North 19th Avenue, north of this
intersection, noting that private developers have agreed to fund the costs up front with the
anticipation of receiving impact fee credits for the amount over that actually attributable to their
specific projects.
Responding to questions from City Manager Johnson, Associate Planner Saunders stated
. that the building permits for the Madison Place Apartments have been drawn, but construction
has not begun. He then stated that this situation is somewhat different from financial
arrangements for signalization of the intersection of North 19th Avenue and West Oak Street,
noting that no project was assigned individual responsibility to provide the improvements;
rather, the parties involved worked out a mutual agreement for improving the intersection with
the understanding that if impact fees are determined legal, they will receive impact fee credits
for a portion of the project. He stated that, in this instance, the City has identified the
improvements to North 19th Avenue and Durston Road as a priority project for street impact
fees; however, a private party may offer to make up the difference between monies currently
available and the actual costs of the project to get the improvements completed earlier than the
City's timeline and then be eligible for either a cash payment or credits. He stressed that in this
instance, specific costs have been assigned, so that option is not available.
Responding to questions from Commissioner Rudberg, the Associate Planner stated that
the latest estimate of costs for improving the intersection are included in his July 8 memo. He
noted that, under the City's impact fee ordinance, a request for impact fee credits must be
submitted before the project is begun, so the actual costs are not known.
Responding to the City Manager, City Attorney Luwe stated that impact fees have been
frozen until after the lawsuit has been resolved. He noted that if the lawsuit is successful and
. impact fees are eliminated, the City could incur an unfunded liability for credits that would then
need to be paid from another funding source.
In response to questions from Mayor Youngman, Associate Planner Saunders stated the
Commission may grant the credit, deny the credit or table action on this request until the
applicant goes back through the process and seeks removal or revision of the condition.
Commissioner Rudberg expressed concern that the applicant does not know what 10
percent means, since the estimated cost in the Capital Improvement Program is $108,000 and
the estimated cost in the July 8 memo is $130,000, and financial guarantees are to be in 150
percent of those estimated costs. She also noted that the percentages assigned to the various
projects total 70 percent and questioned how the remaining costs are to be assigned. She then
stressed the importance of recognizing the significant amount of development that is occurring
in this portion of the community.
Responding to Commissioner Rudberg, Associate Planner Saunders stated that Durston
Meadows Subdivision has provided waivers of right to protest the creation of a special
improvement district for improvements to this intersection. He noted, however, that since no
SID is being proposed to fund these improvements, they will not be required to participate. He
then noted that several other projects in that area have also provided waivers, and they will not
be required to participate either.
. her. Commissioner Rudberg voiced her concerns about fairness, noting that is a key issue for
Commissioner Smiley expressed concern that the waivers are not addressing the problem
and that the system is not working. She then stated that she feels people should pay their fair
share and steps should be taken to ensure that occurs.
Mayor Youngman voiced her support for tabling action on this request to give the
applicant an opportunity to seek a revised condition.
07-19-99
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Responding to Commissioner Rudberg, the Associate Planner stated that when a revision
to a condition is sought, the applicant is usually required to pay an application fee, although
a portion of that fee is typically refunded because of the minimal impacts on staff in processing
the request.
Responding to comments and concerns raised, City Manager Johnson stated that the
applicant could possibly enter into an agreement similar to the one entered into for
improvements to the intersection of West Oak Street and North 19th Avenue, under which the
applicant would be eligible for impact fee credits for those costs over and above his
. proportionate share. He stressed that if impact fees are determined illegal, the applicant would
not receive any repayment; and if they remain in effect, he would receive the credits. He then
cautioned that if an SID is created, the City would be responsible for a majority of the costs;
and the City does not have the monies to fund it.
Commissioner Frost stated he has been on the Commission for almost ten years and has
seen the problems encountered when trying to require exactions on a fair and equitable basis
for the various projects. He noted that is one of the reasons that impact fees were enacted,
as a simple and fair way to ensure that the impacts of a project are funded. He then stated his
concurrence with Commissioner Rudberg's assessment that this approach is not fair.
Responding to Commissioner Smiley, City Attorney Luwe stated there is a statutory
procedure for funding the installation infrastructure; and under those provisions, property
owners still retain their right to protest the assessments.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission table action on this request and direct staff and the applicant to work on
identifying the applicant's proportionate share of the intersection improvements. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Smiley and Mayor Youngman; those voting No being Commissioner Frost.
. Authorize entering into Settlement Agreement: aDDrove amendina of Condition No. 14 of
aDDroval for Babcock Meadows. Phase II. Dreliminarv Dlat, if determined necessary
Included in the Commissioners' packets was a memo from Staff Attorney Tim Cooper,
forwarding a copy of the proposed Settlement Agreement.
City Manager Johnson asked that this item be tabled to August 2 because the City has
not yet received the settlement agreement.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that this
agenda item be tabled to the August 2 meeting. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner
Rudberg and Mayor Youngman; those voting No, none.
Discussion - Commissioner proiects
Commissioner Smiley asked that staff work with the Bozeman Daily Chronicle to get
articles printed each year notifying people that fireworks are prohibited within city limits. She
noted that there are many new people in the community each year that probably do not know
. about the prohibition. She then indicated her support for the ordinance, noting that it has
served to save many children's fingers and eyes and protect animals from injury or death.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Letter from the Bozeman Property Owners Association, dated July 8, regarding
the water and sewer rate increases.
07-19-99
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Commissioner Rudberg asked that someone respond to this letter with the facts of the
situation.
(2) Letter from Rob Pertzborn, Chair of the Sweet Pea Parade, dated July 9, inviting
the City Commissioners to participate in this year's parade.
The City Manager asked if any of the Commissioners are interested in participating in
the parade. As a result of discussion, Mayor Youngman and Commissioner Smiley are to check
out possible options and respond back to the Commission at next week's meeting.
. (3) Letter from Valerie Harms, dated July 13, regarding selection of a Mayor for the
remainder of the year.
(4) Letter from William Hayward, Chairman of GalaVan, dated July 13, asking
questions about the requirements for a ballot issue on a senior transportation bond.
Commissioner Rudberg stated it was her impression that those wanting the mill levy
were responsible for bringing it forward to the Commission for consideration.
(5) Copy of the press release on street improvements throughout the community,
along with a list of the street segments to be milled and overlaid this year.
(6) Notice that the Downtown Improvement District Board meeting for July has been
cancelled.
(7) Copy of a letter from Planning Director Epple to Peccia and Associates, dated July
8, providing formal notice to proceed with the Transportation Plan Update.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, July 20, in the Commission Room.
. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
July 20, at the Courthouse.
(10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, July 20, in the Commission Room.
(11 ) City Manager Johnson submitted the following.
(1 ) Noted that the
Commissioners have received copies of a letter and agenda for the July 28 meeting between
the City Commission and the City Planning Board. (2) Stated that he spoke to the Exchange
Club today.
( 12) Assistant City Manager Ron Brey stated that he attended a meeting regarding the
possibility of converting a portion of the vehicle fleet to alternative fuel sources, noting that
methane at the landfill has been identified as one possible source. He noted that the meeting
was attended by people from a number of organizations, including the two national parks, who
would serve as the catalyst for the project. He then noted that EPA regulations for municipal
fleets may mandate some of these alternatives in the future.
(13) City Attorney Luwe stated that his office continues to run with temporary
secretaries, and his full-time secretary will be back from vacation next week.
. (14) Commissioner Rudberg submitted the following. (1 ) Requested that the
beautification awards be placed on the September 13 agenda. (2) Thanked staff for the
information regarding abandoned vehicles. (3) Extended her thanks to the Police Department
for retrieving the child recently.
(15) Commissioner Frost stated that last week he received two telephone calls from
neighbors in a hostage situation, forwarding their support for how the police officers handled
themselves. He stated that residents are aware that police officers are doing a good job in the
community.
07-19-99
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- 15 -
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3304 - revisina the Street Cut Permit ADplication
form
COMMISSION RESOLUTION NO. 3304
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, REVISING THE STREET CUT PERMIT APPLICATION
FORM
REGARDING THE CUTTING OF PAVED PUBLIC STREETS WITHIN THE CITY OF
BOZEMAN.
Commission Resolution No. 3283 - revisina fee for cash-in-lieu of parking SDaces
COMMISSION RESOLUTION NO. 3283
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE FEE FOR THE CASH-IN-lIEU PAYMENT OPTION TO
THE OFF-STREET PARKING REQUIREMENT UNDER SECTION 18.50.120 OF THE
BOZEMAN MUNICIPAL CODE BY INCREASING THE FEE FROM $3,000 TO
$5,000 PER PARKING SPACE AND REVISING PAYMENT PROVISIONS.
Authorize City Manaaer to sign - Electric Powerline Easement (25 feet wide) for
Montana Power COmDany across "Dublic oark" tracts in Annie Subdivision.
Phases I and II
Authorize City Manaaer to sian - PiDeline Easement (25 feet wide) for Montana
Power COmDany across "Dublic Dark" tracts in Annie Subdivision. Phases
. I and II
ADDlication for Restaurant Beer and Wine License - Green Onions EnterDrises.
Inc.. for Sweet Pea Caf6. 19 South Willson Avenue - for Calendar Year
1999: contingent uoon receiot of State license and comolyina with all
conditions of Conditional Use Permit
ADDlication for Beer and Wine License - San Corooration for 23 North Tracy
Avenue - for Calendar Year 1999: continaent UDon receiot of State license
and comolyina with all conditions of Conditional Use Permit
ExemDtion from subdivision regulation for aaaregation of Lots 2. 3 and 4. Block
5. Corcoran's Rearranaement of Blocks 3. 4. 5 and 6 of the Werre
Rearranaement of the West Side Addition into Lot 2A (southeast corner
of intersection of West Koch Street and South 15th Avenue) - Christooher
Passano
Authorize City Manaaer to sign - Sewer and Water PiDeline and Access Easement
and Aareement - SMZ PartnershiD - 15-foot-wide easement across lots 2
and 3. Block 3. Kirk Subdivision No.4
. ADDointment of Commissioner Smiley and Commissioner Rudberg to sub-
committee to review Pledged Securities as of June 30. 1999
Claims
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, 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 Smiley, Commissioner Rudberg, Commissioner
Frost and Mayor Youngman; those voting No, none.
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Recess - 4:50 D.m.
Mayor Youngman declared a recess at 4:50 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings and public interest items.
Reconvene - 7:00 D.m.
Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings and public interest items.
.
Public hearing - COA with deviations from Sections 18.18.030 and 18.50.120. Bozeman
Municipal Code. to allow new addition to existina house on non-conforming lot. both in size and
width. and allow reduction in on-site Darkingfrom two to one SDace - Brenda K. Bovd. 411
North Ida Avenue (Z-9987)
This was the time and place set for the public hearing on the Certificate of
Appropriateness requested by Brenda K. Boyd, under Application No. Z-9987, with deviations
from Sections 18.18.030 and 18.50.120 of the Bozeman Municipal Code to allow for the
demolition of an existing rear vestibule and the construction of a new 12-foot by 22-foot
addition to the rear of the existing house on Lot 2, Block 7, Babcock and Davis Addition. The
requested deviations are sought to allow the expansion of an existing home on a lot that is
1,770 square feet less than the minimum lot size and 12 feet narrower than the minimum width
for a lot in the "R-3a" zone, and to allow for only one on-site parking space rather than the two
spaces required under the zone code. The subject property is located at 411 North Ida Avenue.
Mayor Youngman opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He gave a brief
. overview of the project. which includes the demolition of an existing vestibule and construction
of the new 264-square-foot rear addition in its place, and roofing the entire structure with a
standing seam metal roof. He noted the subject property is located in the middle of the block,
three lots north of Fridley Street. He noted that the property owner to the north raised a
question about the accuracy of the site plan submitted and whether the property lines were
appropriately delineated. He indicated that, as a result of that concern, he and a member of
the City's Engineering staff reviewed the site and found two survey pins; and, based on those
pins, they were able to determine that the site plan was essentially accurate since the house
is located 8 feet 4 inches from the property line. He indicated that, in his memo of July 12,
he has outlined those findings and suggested that Condition No.1 in the staff report could be
deleted.
The Historic Preservation Planner stated that staff has reviewed the requested deviations
in light of the criteria set forth in the zone code, and the staff's comprehensive findings are
contained in the written staff report. He briefly highlighted those findings, noting that this type
of non-conforming situation is fairly common in the older parts of the community. He then
indicated that the requested reduction of one on-site parking space will help to preserve the
remaining yard space on this small lot.
The Historic Preservation Planner stated that the neighbor to the north has some very
strong concerns about this proposed addition and has submitted a letter outlining her position.
. He characterized the neighbor's main concerns as privacy issues, since the addition on her
property is located in approximately the same position as this proposed addition; and the
proposed dormer will look down on her addition. He stated that a review of the site reveals
that an issue of privacy does exist.
The Historic Preservation Planner stated that a letter has also been received from Mr.
Willard Dellenback, 407 North Ida Avenue, expressing concern about any major construction
along this street, which is dirt and gravel, particularly since the enlarged size of a residence will
encourage greater occupancy.
07-19-99
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Historic Preservation Planner Strahn stated that, despite the concerns raised in these two
letters, staff feels the project is acceptable. He noted that the roof height of the second story
of the proposed addition is too low for a living area; and it is designed as a storage area with
a pUll-down stairwell. He stated the dormers are designed to create more space for storage and
not for living space; and, out of concern for Ms. Reichman's property, the applicant has agreed
to eliminate the dormer on the north side, rather than constructing a dormer with the framing
for a window but no window. He characterized the proposed addition as being modestly
proportioned, and noted that several other additions have been constructed on properties in this
area.
. Responding to Commissioner Frost, the Historic Preservation Planner stated that, if the
Commission decides to allow the dormer on the north side, it could add a condition to require
that it not include a window and that no window ever be added.
Mr. Ben Lloyd, architect representing the applicant, noted the applicant initially sought
an addition with additional bedrooms and a full second story for living space. He advised her
that the proposed addition was too dense for this neighborhood, and she agreed to reduce the
size to what is now in the application. He stressed that, with the removal of the existing 6-foot
by 6-foot vestibule, the new addition will project only six feet beyond the existing structure.
He stated that the second story is an eave space, and it is too low to stand in. He indicated
that the dormers were designed to add space for storage and to allow a couple of cats to enjoy
the sunlight; and the applicant has recognized that the dormer on the south side will meet those
needs. He concluded by indicating that efforts will be made to minimize impacts from this
construction and noting that the addition will be done in a manner that is sensitive to the
existing structure and the simple nature of the houses in this area, which are railroad houses
constructed in the 1940s.
Ms. Deborah Reichman, 413 North Ida Avenue, stated she owns the property
immediately to the north of the subject property. She stated her opposition to the construction
of both the proposed addition and the parking pad, noting the reasons for her opposition are
. outlined in her letter dated July 7, 1999. She noted the guidelines for issuance of a Certificate
of Appropriateness include relationship of the building mass and space, the roof shape, etc.;
and she does not feel those guidelines have been met with this proposal. She also noted that
the addition is to be comparable with architectural and historic elements of surrounding
structures; and she does not believe this addition meets those elements or the standards for
granting of deviations. She stated, rather, this addition will detract from the aesthetic character
of the subject property and detract from, and substantially alter, the character of the
surrounding neighborhood. She characterized the proposed addition as too much mass,
particularly when considering that it includes a proposed basement, main floor and second
story. She also expressed concern that the proposed parking pad will eliminate scarce green
space.
Ms. Reichman stated there are fifteen houses in a three-block area that are identical
railroad houses, and none of them has the type of rear addition being proposed. She indicated
that in her home, which is identical to the subject property, she opened up the living area to
the roofline with a loft that serves as a bedroom; and she does not have any dormers. She
expressed concern about the interference this proposed addition would have on her privacy,
stating that is an important issue for her. She also noted that the loss of privacy could render
her property unmarketable, thus devaluing her property.
Ms. Reichman stated her house is exactly 14 feet from Ms. Boyd's house and, whether
there are windows in the addition or not, the new two-story mass will substantially impact the
. privacy of her lot, will be very visible and will block the sunlight onto her back porch and steps.
She stated the proposed parking pad will be six feet from her front window, and the headlights
will shine into her house when the parking pad is used.
Ms. Reichman concluded by recognizing the desire for additional space, but suggested
there are ways to gain that space without adversely impacting the community.
Mr. Edwin Engler, architectural intern, spoke on Ms. Reichman's behalf. He showed the
Commission a model of this relatively unique portion of the community, characterizing it as an
eclectic area with varied buildings. He noted that there are three rows of houses that were
07-19-99
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- 18 -
developed in approximately 1946 with a uniform, repetitive pattern. He recognized this may
not have the curb appeal of the south side, but it represents history and character. He stated
that the proposed taller roofline and dormers do not fit with the character of these houses,
particularly since most of the homes have low additions that don't reach the current roofline.
He recognized that the lots in this area are small; however, he noted the houses are also small
so the area is not congested. He concluded by expressing concern that if the applicant is
allowed to construct dormers with window areas framed in but windows not installed, it would
be easy to do so later, which could then raise health and safety issues in addition to the privacy
issues previously raised.
. Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
Historic Preservation Planner Strahn agreed that the houses in this particular area, which
were funded by the GI bill in 1946, are unique since they all have the same character; however,
he noted they are surrounded by different types of houses. He noted that, even in established
historic districts, staff's philosophy is not to freeze a particular appearance, but to allow the
dwelling to grow and work for the current occupant.
Responding to Commissioner Rudberg, the Historic Preservation Planner stated it appears
many of the additions in the area were constructed prior to the requirements for deviations.
Responding to Mayor Youngman, the Historic Preservation Planner stated there are
currently no definable parking spaces on site; and it was staff's recommendation that one
space be provided.
Commissioner Smiley stated her interest in revising the conditions to not allow the
dormer on the north side of the addition. She then stated that, in looking at the model, she
finds the addition on Ms. Reichman's house rather intrusive.
. Approve eliminating Condition No.1 and adding Condition not to allow window or
dormer on north side.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness requested by Brenda K. Boyd, under
Application No. Z-9987, with deviations from Sections 18.18.030 and 18.50.120 of the
Bozeman Municipal Code to allow for the demolition of an existing rear vestibule and the
construction of a new 12-foot by 22-foot addition to the rear of the existing house on Lot 2,
Block 7, Babcock and Davis Addition, subject to the following conditions:
1. As per Section 18.50.110 of the Bozeman Municipal Code, the proposed
drive access location shall be subject to the review and approval of the
Director of Public Service.
2. The proposed dormer on the north side of the addition shall be eliminated.
3. The applicant shall obtain necessary building/demolition permits within one
year of Certificate of Appropriateness approval or this approval shall
become null and void.
4. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
. submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No,
none.
07-19-99
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Public hearing - COA with deviations from Sections 18.18.030. 18.50.060.C. and 18.50.120.
Bozeman Municipal Code. to allow addition to non-conforming carriaae house/aDartment on lot
that is too narrow for two dwellings. addition to encroach 7 feet into 15-foot corner side vard
setback and allow reduction from four to three off-street Darking SDaces - David and Teri Scott.
423 South Tracv Avenue (Z-9986)
This was the time and place set for the public hearing on the Certificate of
Appropriateness requested by David and Teri Scott, under Application No. Z-9986, with
deviations from Sections 18.18.030, 18.50.060.C. and 18.50.120 of the Bozeman Municipal
Code, to allow a new carriage house addition which encroaches approximately 7 feet into the
. required 15-foot corner side yard setback on a lot that is 10 feet less than the required 60-foot
width for two dwellings and to allow for a reduction in the required on-site parking spaces from
four to three spaces. The subject property is more commonly known as 423 South Tracy
Avenue, and is located at the northwest corner of the intersection of South Tracy Avenue and
West Story Street.
Mayor Youngman opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
under this Certificate of Appropriateness, an 8-foot by 10-foot addition that encroaches
approximately 7 feet into the required 15-foot corner side yard setback is proposed to an
existing carriage house/apartment. He characterized this proposal as well designed and noted
that it will complement the historic nature of the neighborhood. He then indicated that, based
on the Water/Sewer Superintendent's review of the site, Condition No. 1 be revised to
eliminate the last portion as recommended and that it be replaced with the issues being
addressed prior to issuance of the building permit.
Mr. David Scott, applicant, noted that he intends to renovate the main house on this site
and indicated that much of the design will be mirrored in the two units, with a cross gable and
Victorian style. He recognized the site is not very aesthetically pleasing at this time, and voiced
his commitment to upgrade and enhance the site.
. Since there were no objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission approve the Certificate of Appropriateness requested by David and Teri Scott,
under Application No. Z-9986, with deviations from Sections 18.18.030, 18.50.060.C. and
18.50.120 of the Bozeman Municipal Code, to allow a new carriage house addition which
encroaches approximately 7 feet into the required 15-foot corner side yard setback on a lot that
is 10 feet less than the required 60-foot width for two dwellings, and to allow for a reduction
in the required on-site parking spaces from four to three spaces, subject to the following
conditions:
1. The City Water/Sewer Superintendent shall examine and test the existing
sewer/water connection between the existing principle residence and the
existing carriage house/apartment and make a determination as to the
appropriateness of the existing sewer/water situation.
A. If it is determined that this carriage house was approved by
a former administration and in use as a dwelling unit, the
Sewer/Water Department has agreed to allow a sewer/water
connection to the main residence.
. B. The owner shall comply with the recommendations of the
City Water/Sewer Department prior to the issuance of a
Certificate of Appropriateness and building permit.
2. As per requirements outlined in Section 18.50.120 of the Bozeman
Municipal Code:
A. The proposed gravel parking area shall, at a minimum, be
dimensioned 18 feet in width and 26 feet in length to
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provide adequate aisle width turning radius; and,
B. All on-site parking stalls shall be constructed so that parked
vehicles shall not protrude over property lines.
3. Applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
4. This project shall be constructed as approved and conditioned in the
. Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No,
none.
Public hearina - variance from Section 18.65.100. Bozeman MuniciDal Code - Bozeman
Deaconess Foundation - to allow installation of sixteen freestanding signs throuahout medical
camDUS to identify services and direct visitors to different areas. thus exceedina both the
number and total sauare footage of signs allowed (C-9918)
This was the time and place set for the public hearing on the variance from Section
18.65.100 of the Bozeman Municipal Code as requested by the Bozeman Deaconess
Foundation, under Application No. C-9918, to allow the installation of sixteen freestanding
signs throughout the medical campus to identify services and direct visitors to different areas,
thus exceeding both the number and total square footage of signs allowed on a 50 + -acre tract
. of land located in the Southwest one-quarter of Section 8. the Northwest one-quarter of
Section 17 and the Northeast one-quarter of Section 18, Township 2 South, Range 6 East,
Montana Principal Meridian. The subject property is more commonly known as 915 and 935
Highland Boulevard.
Mayor Youngman opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
under the zone code, this multi-tenant medical campus is allowed one 48-square-foot pole sign
not more than 16 feet in height, one 32-square-foot low-profile directory/identification sign not
more than 5 feet in height at each secondary entrance, and four 4-square-foot directory signs
throughout the site. She stated that the hospital and medical office complex has expanded into
what has become a regional medical center, requiring additional signage to provide for safe
ingress and egress. She noted that the complex is set back from the street and the accesses
can be confusing if not adequately marked. She indicated that the site currently has thirteen
freestanding signs totalling 264.3 square feet. Many of those are original signs, while others
have been added with the additional medical office buildings, and some are temporary.
The Assistant Planning Director stated that, based on the street frontage of this
property, a maximum of 1,170 square feet of signage would be allowed, except in the "BP"
zoning district, signage is limited to 400 square feet for the Highland Boulevard frontage and
. 200 square feet for the Ellis Street frontage. She noted that the applicant is proposing a total
of 421.5 square feet in its signage package, which staff feels is not excessive for this site.
She stated that the sixteen signs are to be in four styles and sizes.
The Assistant Planning Director stated that staff has reviewed this proposed sign
package and recognizes future additions to this complex are probable. As a result, she
encouraged the Commission to not limit the number of signs and total square footage of signs
allowed on this site, but to allow staff to process requests for future signs from the proposed
package of signs. She stressed that no additional signs are to be allowed on Highland
Boulevard or at the intersection of East Main Street and Highland Boulevard.
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Assistant Planning Director Arkell stated that staff has reviewed this application in light
of the three criteria set forth in the zone code, and the staff's comprehensive findings are
contained in the written staff report. She briefly highlighted those findings, stating staff has
found the application in compliance with those criteria, and forwarded staff's recommendation
for approval, subject to three conditions.
Mr. Matthew Brown, Innerface Signs, stated the purpose of the signs is to assist the
public and guide them to the access points on site. He further noted that the entrances are
very different in nature and need to be clearly labeled, particularly for those in emergency
situations.
. No one was present to speak in opposition to the requested variance.
.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the variance from Section 18.65.100 of the Bozeman Municipal Code as
requested by the Bozeman Deaconess Foundation, under Application No. C-9918, to allow the
installation of sixteen freestanding signs throughout the medical campus to identify services
and direct visitors to different areas, thus exceeding both the number and total square footage
of signs allowed on a 50 + -acre tract of land located in the Southwest one-quarter of Section
8, the Northwest one-quarter of Section 17 and the Northeast one-quarter of Section 18,
Township 2 South, Range 6 East, Montana Principal Meridian, subject to the following
conditions:
1. All freestanding signs shall be set back a minimum of 15 feet from the
Highland Boulevard property line.
2. Per Section 18.65.140, the main entrance sign(s) shall display the address
. of the lot (street numbers) in six-inch numbers.
3. Additional directional signs may be added on the medical campus as
needed. No additional signs other than those shown on the submittal site
plan may be located on Highland Boulevard without further review and
modification of this variance.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No,
none.
Public hearing - Ordinance No. - emeraency interim zonina ordinance to imDlement
municipal zoning within city limits and accommodate transition in authority in extraterritorial
area
This was the time and place set for the public hearing on Ordinance No. _, as
approved by the City Attorney, entitled:
ORDINANCE NO.
AN EMERGENCY INTERIM ORDINANCE OF THE CITY COMMISSION OF THE
. CITY OF BOZEMAN, MONTANA, ESTABLISHING PROCEDURES FOR THE
ADMINISTRATION OF THE MUNICIPAL ZONING ORDINANCE WITHIN THE CITY
LIMITS, TO ACCOMMODATE THE ANTICIPATED CEDE OF ZONING AUTHORITY
IN THE EXTENDED JURISDICTIONAL AREA OF BOZEMAN FROM THE CITY OF
BOZEMAN TO GALLATIN COUNTY, TO REMOVE REFERENCES TO THE FORMER
BOZEMAN EXTRATERRITORIAL AREA, TO REMOVE THE PLANNING BOARD AS
THE ZONING COMMISSION-, TO ESTABLISH A ZONING COMMISSION, TO
INCORPORATE CHANGES IN STATE ZONING LAW, AND TO CORRECT
VARIOUS ERRORS IN THE EXISTING ORDINANCE.
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Mayor Youngman opened the pUblic hearing.
Planning Director Andy Epple stated that a copy of the proposed ordinance and zone
map have been provided to the Commission. He gave a brief synopsis of the interim zoning
ordinance, which allows for conversion from a zoning program for both the city and the
extraterritorial area to strictly a municipal program. He noted that this ordinance deletes all
references to extraterritorial jurisdiction and corrects errors previously identified in the code.
He noted that the zone map also includes those amendments previously approved but not
codified. He reminded the Commission that the new growth management plan for the city is
. being undertaken, and it is anticipated this interim ordinance will be converted to a permanent
zone code toward the end of that process.
No one was present to speak in support of or in opposition to adoption of the ordinance.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that
Ordinance No. 1500, the emergency interim zoning ordinance to implement municipal zoning
within city limits and accommodate transition in authority in extraterritorial area, be adopted.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No,
none.
Break - 8:10 to 8:13 p.m.
Mayor Youngman declared a break from 8: 1 0 p.m. to 8: 13 p.m. in accordance with
Commission policy.
. Ordinance No. 1501 - emeraencY interim ordinance establishing orocedures for administration
of subdivision reaulations within city limits and accommodate transition in authority in
extraterritorial area
Included in the Commissioners' packets was a copy of Ordinance No. 1501, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1501
AN EMERGENCY INTERIM ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, ESTABLISHING PROCEDURES FOR THE
ADMINISTRATION OF THE MUNICIPAL SUBDIVISION ORDINANCE WITHIN THE
CITY LIMITS, TO ACCOMMODATE THE ANTICIPATED CEDE OF PLANNING
AUTHORITY IN THE EXTENDED JURISDICTIONAL AREA OF BOZEMAN FROM
THE CITY OF BOZEMAN TO GAllATIN COUNTY, AND TRANSFERRING THE
POWERS AND DUTIES OF THE CITY-COUNTY PLANNING BOARD, TO THE CITY
PLANNING BOARD AND THE CITY COMMISSION.
Planning Director Andy Epple stated that staff has identified a couple of additional issues
to be addressed in this ordinance.
. Following a brief discussion with the Planning Director and City Attorney, City Manager
Johnson asked that action on this ordinance be tabled for a period of one week, noting that a
special session has already been scheduled.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that actiqn
on Ordinance No. 1501 be tabled for a period of one week, per staff's request. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none.
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Public hearina - issuance of bonds secured bv the SID Revolving Fund for 1998A and 1998B
Sidewalk Proarams
This was the time and place set for a public hearing on the issuance of bonds secured
by the Special Improvement District Revolving Fund for the 1998A and 1998B Sidewalk
Programs.
Mayor Youngman opened the public hearing.
City Manager Johnson stated that the purpose of this public hearing is to accept public
. comment on using the Special Improvement District Revolving Fund to secure the bonds for the
1998A and 1998B Sidewalk Programs.
No one was present to speak in support of or in opposition to pledging the SID Revolving
Fund to the bonds for the 1998A and 1998B Sidewalk Programs.
Since there were no Commissioner objections, Mayor Youngman closed the public
hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission pledge the Special Improvement District Revolving Fund to support the issuance
of bonds for the 1998A and 1998B Sidewalk Programs. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg,
Commissioner Frost and Mayor Youngman; those voting No, none.
Review of Recreation and Park Advisory Board recommendation for Burke Park Darking lot
Included in the Commissioners' packets was a memo from Recreation Superintendent
Harkin, dated July 8, forwarding the Recreation and Park Advisory Board's recommendation for
. a five-space parking Jot that is bermed and landscaped with native vegetation, with three of
those parking spaces being reserved for handicapped parking.
City Manager Johnson noted that the Board's recommendation includes the provisions
that signage for the parking lot be aesthetically and unobtrusively done, and that the road on
the south end of the cemetery be posted with "no parking" signs. He then stated the City has
received a petition containing 315 + signatures supporting "a small gravel parking lot for four
to five vehicles only on the east middle edge of Burke Park, with berming and vegetation."
Commissioner Smiley stated that she missed the Recreation and Parks Advisory Board
meeting. She voiced her pleasure that the Board has forwarded a recommendation; however,
she suggested that a couple more spaces be added and that all five of the spaces
recommended by the Board be designated for handicapped parking. She noted that the parking
lot will allow access for the disabled and the elderly who are currently unable to gain access
to the trail.
Commissioner Rudberg noted that in 1996, the Cemetery Board and the Recreation and
Parks Advisory Board developed a compromise, which was hard fought; and she was under the
impression that the issue had been put to rest. She then stated that a drive around town has
revealed there are a number of handicapped spaces attached to every business, and many of
her elderly friends are thrilled about the prospects of being able to park at Burke Park and take
. advantage of a trail not currently available to them or sit on the bench and enjoy the sunsets.
She noted that the City has been attuned to ADA issues and should take this opportunity to
make it available to more people in the community.
Commissioner Rudberg stated it offends her to have a group of citizens treat this area
as if it were their own rather than a community asset. As a result, she forwarded her interest
in seeing more than five spaces provided, suggesting that the seventeen spaces originally
discussed should be viewed as a minimum.
Commissioner Frost stated he feels the proposal submitted by the Board is appropriate
and he feels that the parking lot, as proposed, will give an idea of how intrusive the parking will
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be. He then indicated that, after the parking lot is developed, if it becomes apparent additional
spaces are needed for the handicapped and the elderly, he is willing to consider expansion.
Mayor Youngman noted that a substantial amount of public input has been received,
with that input being for and against the parking lot, but that input was limited to a five-space
parking lot; and no input has been received on a possible seventeen-space parking lot. She
then stated that the people on the Cemetery Board and Recreation and Parks Advisory Board
never envisioned a parking lot as large as seventeen spaces; however, the term "small" parking
lot was never defined at that time. She then stated she feels that the proposal for five parking
. spaces will result in providing the desired accessibility for handicapped and elderly without
negatively impacting the area.
Commissioner Smiley noted that she grew up playing in this area. She then noted that,
in most communities, accessibility to its assets is important; and people are invited to take
advantage of them. She noted, however, in Bozeman, assets like this are being closely held,
making this an elitist community.
Commissioner Rudberg stated that, in a community of 28,000, she feels five parking
spaces are inadequate.
Mayor Youngman stated that the retirement facilities along the trail will create trail
access points, so those elderly will not need this access point. She then stated she will not
support increasing the number of parking spaces, and feels it is important to honor the results
of the public process.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the construction of a twelve-space parking lot at Burke Park. The motion
failed by the following Aye and No vote: those voting Aye being Commissioner Rudberg and
Commissioner Smiley; those voting No being Commissioner Frost and Mayor Youngman.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
. Commission approve the construction of a five-space parking lot at Burke Park, as proposed
by the Recreation and Parks Advisory Board. The motion failed by the following Aye and No
vote: those voting Aye being Commissioner Frost and Mayor Youngman; those voting No being
Commissioner Rudberg and Commissioner Smiley.
Selection of fifth Commissioner to serve for the remainder of Calendar Year 1999
Included in the Commissioners' packets was a memo from Clerk of the Commission
Sullivan, dated July 15, compiling the information submitted by the Commissioners.
Commissioner Frost stated that he marked those on the list who he felt were reasonable
and those he thought would work well with the Commission.
Mayor Youngman noted that Don Stueck got no votes, which she found confusing since
two Commissioners had previously supported him. She also noted that no one received more
than two votes in this process. She then asked if the Commissioners wish to go beyond this
list or if this difficult and frustrating process will lead to a selection. She noted that she is not
sticking to her first choice, in an effort to resolve this matter, but she is not willing to consider
Don Stueck. She concluded by thanking former Mayor Stiff for participating in setting a
precedent when former Commissioner Jordan left, particularly since the Commission at that
. time chose to leave the position vacant.
Commissioner Smiley stated the only other person she would consider besides Don
Stueck is Bob Hawks, characterizing him as a recent Commissioner who is "likeable and
bright" .
Commissioner Rudberg stated that, under no circumstances, will she consider appointing
an individual who has not "put themselves on a sword in the public arena" by going through
the election process and serving on this particular Commission.
07-19-99
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Mayor Youngman noted there are a number of former mayors on the list of names;
however, they are not of the desired political persuasion. She then stated that she would be
willing to consider someone who would meet the criteria that have been voiced by
Commissioner Rudberg. She stressed, however, that she will not support appointing Don
Stueck, since he carries "too much pOlitical baggage" and has taken strong stands on issues
with which the Commission may be involved this year.
Commissioner Rudberg reiterated her strong support for appointing Don Stueck, noting
that no one else on the list emulates former Mayor Stiff.
. Commissioner Smiley observed that, while there is a significant amount of discussion
devoted to the divisiveness on the Commission, 95 percent of the time, the Commissioners all
vote together.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Bob
Hawks be contacted to see if he would be available to serve on the Commission for the
remainder of the year. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No being
Commissioner Rudberg.
Following the motion, the Commissioners determined that if Bob Hawks is able to serve,
the Commission will act on this item at the July 26 meeting; if he is unable to serve, they will
discuss this issue further at their August 2 meeting, when a full Commission is present.
Adjournment - 8:55 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman;
those voting No, none.
M~O~~YOr
ATTEST:
()~ o!~
ROBIN L. SULLIVAN ~
Clerk of the GomfBission
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07-19-99