HomeMy WebLinkAbout1999-02-16 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 16, 1999
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Tuesday, February 16, 1999, at 3:00 p.m. Present were Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager
Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission
Sullivan. Mayor Stiff was absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that the application for a kennel license for Vincent
Galli be removed from the Consent Items and placed on a future agenda, after proper
advertisement; and requested that the final plat for the Alderson Place Condominiums be
removed from the Consent Items for discussion.
Authorize absence of Mavor Stiff from this meeting. in comDliance with Section 7-3-4322(2),
M.C.A.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
absence of Mayor Stiff from this meeting be authorized in compliance with Section
7-3-4322(2), M.C.A. 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.
Minutes - June 29 and SeDtember 8. 1998. and Februarv 1 and Februarv 8. 1999
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
minutes of the meetings of June 29, 1998, and February 1 and February 8, 1999, be approved
as submitted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore
Youngman; those voting No, none.
Mayor Pro Tempore Youngman deferred action on the minutes of the meeting of
September 8, 1998, to a later date.
Presentation from Gloria Edwards re grant aDDlication for Victim/Witness Program
Included in the Commissioners' packets were copies of a letter from the District Court,
dated October 19, a letter from the Victim/Witness Program dated October 7, and minutes from
the meeting of November 30, 1998. Also included in the packets was a draft letter of support
for Commission consideration. Distributed just prior to the meeting was a copy of the grant
application to be submitted to the Montana Board of Crime Control.
. Ms. Gloria Edwards, Victim/Witness Program Director, stated that the County
Commission just approved submittal of the grant application, as written, at this afternoon's
meeting. She stated this is the sixth year of the Victim/Witness Program and the fifth year that
it has been a joint Gallatin County/City of Bozeman program. She stated the major difference
between this grant application and the previous applications is that remodeling of Room 313
in the Law and Justice Center is included. She noted that under the Crime Against Women
monies, the remodeling is a qualifying project, thus 75 percent of those costs being borne
under this grant. She recognized, however, that the local contributions will be increased to
cover the other 25 percent of the costs, and that increase will be for this year only.
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Ms. Edwards stated that under HB257, a $10.00 surcharge would be assessed on
criminal offenses. Of that surcharge, $9.00 would be contributed to victim/witness programs
and $1.00 would be for court administration. She noted that this bill has passed the House and
is the Senate Judiciary Committee at this time.
In response to comments from City Attorney Luwe, Ms. Edwards confirmed that, of the
25 percent local match, the County contributes 65 percent and the City contributes 35 percent.
She also confirmed that the City's contribution under this grant application is $14,307.
. City Manager Johnson asked the Commission to identify the source of revenue to cover
the City's contribution. Following a brief discussion, the Commissioners determined they would
defer that decision to a later date, when more information is available.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission authorize the signing of a letter of support for the continuing grant application for
the Victim/Witness Program. The motion carried by the following Aye and No vote: those
voting Aye being commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor
Pro Tempore Youngman; those voting No, none.
Preliminary Plat (continued) for Vallev West Maior Subdivision - 360 Ranch Corooration. et a!. -
subdivide 241.7:t: acres in COS 1005B and COS 1005C into 10 lots and Bronken Park:
variances from Sections 16.16.070. 16.14.030 and 16.14.040.A. of the Bozeman MuniciDal
Code. to not construct Dortions of streets. to allow block lenath to exceed 1.200 feet and to
not reauire installation of sidewalks (P-9856)
This was the time and place set for continued review of the preliminary plat for the
Valley West Major Subdivision, as requested by 360 Ranch Corporation, a Nevada Corporation;
Chuck Reid or Gerald Wing as Nominee of Burnt Leather Ranch; East Nine Corporation; Mobile
Nine Corporation; and NW Ten Corporation under Application No. P-9856, to subdivide 241.7:t
. acres in Certificate of Survey Nos. 1 005B and 1005C, located in the Northeast one-quarter and
the Southeast one-quarter of Section 9 and the Northwest one-quarter and a portion of the
West one-half, Southwest one-quarter of Section 10, Township 2 South, Range 5 East,
Montana Principal Meridian, into ten tracts for future development and Bronken Park. The
subject property is more commonly located west of Ferguson Road, north of West Babcock
Street and south of Durston Road. In conjunction with this application are requested variances
from Section 16.16.070, to not construct Cascade Street from Ferguson Avenue west through
the subdivision, and to not construct West Babcock Street from Cottonwood Road to the west
boundary of the subdivision; from Section 16.14.030, to allow the block length of West
Babcock Street to exceed the 1,200-foot maximum, with an initial length of 2,600 feet; and
from Section 18.14.040.A., to not construct sidewalks on the public streets adjacent to and
within the subdivision.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
under this application, the northern half of the Valley West Annexation is to be subdivided into
ten tracts which will require further subdivision or zoning prior to development, and the Bronken
Park tract is to be dedicated to the City. She reminded the Commission that this property was
annexed in December 1997, and conditions of approval included the completion of major water,
sewer, drainage and street improvements. She noted that most of those improvements have
now been completed. She then reviewed the three requested variances, noting that staff has
reviewed them in light of the three criteria established by the Montana Supreme Court, and the
. staff's comprehensive findings are contained in the written staff report.
The Assistant Planning Director stated that the City-County Planning Board conducted
its public hearing on this preliminary plat at its January 20 meeting. She noted that the
Metcalfs, who own the property immediately to the north, submitted a letter raising concerns
about the quantity and quality of water that would flow through Baxter Ditch to their property,
particularly since that water is used for their livestock. She stated that their son also spoke at
the Planning Board meeting and raised additional concerns about improvements to Durston
Road and the dust that would be created by the traffic. She noted that, following the public
hearing, the Board discussed these concerns and recognized that State non-degradation laws
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apply to the ditch, and Durston Road is to be improved in conjunction with development of this
property.
The Assistant Planning Director stated that, following the public hearing, and
consideration of the criteria, the staff findings and public input, the Planning Board
recommended approval of the preliminary plat, subject to 21 conditions, and approval of the
requested variances for a period of one year.
. Assistant Planning Director Arkell noted that during last week's agenda meeting, two
issues were raised, one pertaining to the dedication of Bronken Park and one pertaining to
paybacks. She noted that, distributed just prior to the meeting, were letters from Peter and
Barb Bronken, dated February 12, and Morrison-Maierle, dated February 15, addressing the
concerns raised regarding Bronken Park. She then indicated that, in light of these letters, it
would be acceptable to delete Condition No.9. She noted that Condition No. 13 was prepared
in an attempt to clarify the options for payback agreements, since the annexation agreement
specifically addresses sewer paybacks but is silent on water and street paybacks. She stated
that this condition may also be deleted if the Commission so chooses.
City Attorney luwe noted that, distributed just prior to the Commission meeting was a
memo from him, dated February 16, recommending that a condition be added to both this
preliminary plat and the next one, in light of CI-75.
Mr. Jack Schunke, Morrison-Maierle, consulting engineer representing the applicant,
forwarded his support for the staff report as submitted and the conditions of approval as
recommended. He then indicated he has no problem with deleting Condition No.9 and no
problem with the addition of the condition recommended by the City Attorney. He forwarded
his intent to work closely with the City in developing a payback agreement for sewer and a
portion of the water and streets, noting it has always been recognized that adjoining property
owners will benefit from the improvements which have been constructed.
. Mr. Schunke stated that the installation of improvements is ahead of schedule, with the
only remaining improvement being Durston Road. He noted that the improvements, to date,
have cost the property owners a total of $3.5 million. He indicated that they have been in
contact with the Metcalfs and are committed to working with them on their concerns. He
noted, in fact, that they have taken an extra step by developing a stormwater management
plan in conjunction with the wetlands plan, and the Army Corps of Engineers has reviewed that
information.
Commissioner Rudberg thanked Mr. Peter Bronken for his efforts, noting that the children
in Bozeman will benefit from a situation which has been painful for the Bronken family.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve, for the period of one year, the variances from Section 16.16.070, to not
construct Cascade Street from Ferguson Avenue west through the subdivision, and to not
construct West Babcock Street from Cottonwood Road to the west boundary of the
subdivision; from Section 16.14.030; to allow the block length of West Babcock Street to
exceed the 1,200-foot maximum, with an initial length of 2,600 feet; and from Section
18.14.040.A., to not construct sidewalks on the public streets adjacent to and within the
subdivision; and approve the preliminary plat for the Valley West Major Subdivision, as
requested by 360 Ranch Corporation, a Nevada Corporation; Chuck Reid or Gerald Wing as
Nominee of Burnt Leather Ranch; East Nine Corporation; Mobile Nine Corporation; and NW Ten
. Corporation under Application No. P-9856, to subdivide 241 .7'" acres in Certificate of Survey
Nos. 1005B and 1005C, located in the Northeast one-quarter and the Southeast one-quarter
of Section 9 and the Northwest one-quarter and a portion of the West one-half, Southwest one-
quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, into ten
tracts for future development and Bronken Park, subject to the following conditions:
1. The final subdivision plat shall conform to all requirements of the Bozeman
Area Subdivision Regulations and the Uniform Standards for Final
Subdivision Plats, and be accompanied by all appropriate documents,
including certification from the City Engineer that as-built drawings for
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public improvements were received, a platting certificate, and all required
and corrected certificates. Two clothback (or equivalent) and mylar (or
equivalent) copies of the final plat must be submitted for final plat
approval, along with two (2) digital copies of the final plat, on a double
sided, high-density 3 Y2 -inch floppy disk.
2. The following Certificates shall be corrected on the final plat: a) amend the
Certificate of Dedication to eliminate the last two sentences with regard
. to maintenance of city streets; b) eliminate the Certificate of Planning
Director and Director of Administrative Services; c) amend the Certificate
of Completion to use the language provided in Section 16.32.060,
Bozeman Area Subdivision Regulations;
d) amend the Treasurer's
Certificate to reflect the language of Section 16.32.090, Bozeman Area
Subdivision Regulations; e) amend the Certificate of Surveyor to reference
Section 76-3-101 through 76-3-~ MCA; and f) amend the Certificate
of Removal of Sanitary Restrictions to use the language of Section
16.32.080, Bozeman Area Subdivision Regulations.
3. The "Purpose Statement" provided on the final plat shall indicate that the
purpose of the subdivision is to create tracts for future development, and
that development of the tracts cannot occur until further subdivision
and/or zoning review is obtained on each tract.
4. If a mortgage is filed on the property at the time of final plat, a Consent
of Mortgagee(s) must be provided on the final plat.
5. The Platting Certificate shows a sewage system easement to Piece, Inc.,
dba Heritage Christian School. If the easement has not been released, the
easement must be shown on the final plat.
. 6. Unless the final plat is accompanied by letters from all utility companies
agreeing with a 12-foot front yard utility easement, a 20-foot rear yard
easement (centered on the lot lines where practical) must be provided per
Section 16.14.050, Bozeman Area Subdivision Regulations.
The utility statement contained in Section 16.14.050.B.4(b), Bozeman
Area Subdivision Regulations, shall be provided on the final plat.
7. The final plat shall show a 35-foot setback from the ordinary high water
mark on Baxter Creek and the Maynard Border Ditch. An easement
complying with Section 16.14.050.C of the Bozeman Area Subdivision
Regulations shall be provided for the Baxter Ditch.
One hundred (100): year water surface elevations and the 100 year high
water limits for Baxter Creek shall be shown on the final plat. Hydraulic
calculations and the water surface profile for Baxter Creek shall take into
account the upstream and downstream culvert capacities as well as the
fact that the Farmers Canal Company may use the creek as a blow-off at
any time and without notice.
8. Notes shall be added to the final plat that reference the presence of high
. groundwater in the area and that structures with basements are not
recommended.
9. It is recognized that the developme'nt of Bronk en Park is proposed to occur
'with the assistance of a private corporation, local youth athletic leagues,
and City and County contributions. Unless already completed, the
improvements required in Section 16.14.090.G of the Bozeman Area
Subdivision Regulations must be completed by the subdivider prior to final
plat approval, or financially guaranteed per Chapter 16.22, Bozeman Area
Stbdivision Regulations. Those improvements include:
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A. Delineation of the park boundary bordering all private lots at
the common private/public corner pins, with flat, flexible
fiberglass posts, a minimum ot6 feet in length with no less
than 2 feet driven into the ground. Each post must be
labeled with a permanent glue on sign stating uPark
Boundary" or uProperty Boundary".
Other forms of
boundary marking may be approved by the Planning or other
appropriate department.
. B. The park area must have all fencing material, construction
debris, and other trash removed. The park area shall be
, leveled and any disturbed areas reseeded, to allow mowing
with turf type mowers.
C. Unless the requested variance is granted by the City
Commission, sidewalks shall be installed at points where the
park borders or crosses streets, rear yard frontages, or other
non-lot frontages.
10. Unless delayed by the City Commission, water rights or cash in-lieu
thereof shall be provided prior to final plat approval.
11. Unless delayed by the City Commission, the final plat cannot be filed until
street improvements to Durston Road are completed, unless an SID/RID
has been created and the contract awarded for improvements to Durston
Road, per Section 17 of the Annexation Agreement.
12. A conceptual Stormwater Master Plan for the subdivision which will
establish the broad parameters for an overall system designed to remove
. solids, silt" oils, grease, and other pollutants from the runoff from the
private and public streets and all lots shall be provided to and approved by
the City Engineer prior to final plat approval.
The master plan must depict overall the drainage pattern(s) for the
subdivision and locate and establish adequate drainage ways within the
subdivision to transport runoff from the public streets and from all lots to
an acceptable stormwater receiving channel. The master plan shall locate
and provide easements for the drainage ways as needed. Any required
easements shall be shown on the final plat. It appears that. drainage
easements may be needed for Tract 2, Block 2; Tract 1, Block 1; and
possibly Tract 3, Block 1.
Detailed review of the final grading and drainage plan(s) and approval by
the City Engineer will be required as part of the infrastructure plan and
specification review process prior to any subsequent development.
13. The applicant is advised that future extension of sewer mains to Tracts 1
and 2 of Block 2 may require' utility easements which would be best
established with this subdivision of the property. If the easements are to
be designated with this subdivision, they shall be shown on the final plat.
. 14. The street rights-of-way which are within the boundaries of this
subdivision, or are adjacent to the boundaries of this subdivision, and for
which easements were provided with the Valley West Annexation
Agreement (Cottonwood Road, Ferguson Road, Durston Road and West
Babcock Street), shall be dedicated to the City on the final plat. Unless
the requested variance is granted by the City Commission, the subdivider
shall construct or financially guarantee the construction of West Babcock
Street from Cottonwood Road to the west boundary of the subdivision,
following all requirements of the Bozeman Area Subdivision Regulations
and City policies, practices, and standards, prior to final plat approval.
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15. The right-of-way for Cascade Street between
Ferguson Road and
Cottonwood Road shall be dedicated to the City on the final plat. A 60-
foot Public Street and
Utility Easement for Cascade Street from
Cottonwood Road to the western boundary of the subdivision shall be
granted to the City by being shown on the final plat. The right-of-way for
this portion of Cascade Street shall be dedicated to the City at the time
the tracts adjacent to the street are developed. Unless the requested
variance is granted by the City Commission, the subdivider shall construct
. or financially guarantee the construction of Cascade Street from Ferguson
Road to Cottonwood Road, following all requirements of the Bozeman
Area Subdivision Regulations and City policies, practices, and standards,
prior to final plat approval.
16. Unless a variance is granted by the City Commission, City standard
sidewalks shall be constructed or financially guaranteed on all street
frontages within and adjoining the subdivision (e.g. south side of Durston
Road, west side of Ferguson Road, north side of West Babcock Street and
both sides of Cottonwood Road), prior to final plat approval.
17. The subdivider shall enter into a Memorandum of Understanding for the
control of County declared noxious weeds with the County Weed Control
District prior to final plat approval. A copy of the signed document shall
be submitted to tt)e Planning Office with the application for final plat
approval. The subdivider shall ensure that after final plat approval the
property owner(s) and/or property owners' association shall be responsible
for the control of County declared noxious weeds by placing a covenant
on the property. This covenant can be contained in a separate document,
or can be shown on the final plat.
. 18. The property owners shall file with the County Clerk and Recorder's Office
an executed Waiver of Right to Protest Creation of SIDs for the following:
A. Street improvements. to Cascade Street including paving,
curb and gutter, sidewalk and storm drainage facilities.
B. Signalization of the intersection of Cottonwood Road and
Huffine Lane (US 191).
The document shall specify that in the event SIDs are not utilized for the
completion of these projects, the property owners shall agree
to
participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square
.footage of the property, linear footage of the property, taxable valuation
of the property, or a combination thereof.
19. The subdivider shall require all construction related traffic associated with
the continued development of Bronken Park to be routed to and from the
site via Huffine Lane, east of Ferguson Road, and to not utilize West
Babcock Street or Durston Road east of Ferguson Road, or use Durston
Road west of the subject property.
. 20. The applicant shall comply with Article VIII, Section 17, of the Montana
Constitution (CI-75), insofar as it may be found applicable to this
application, and shall pay any and all costs and expenses associated with
any election or other cost borne by the City deemed necessary for such
compliance.
Prior to final plat approval, the landowner shall sign a hold harmless
agreement indemnifying the City of Bozeman against any liability, claim,
judgment, cost (including attorney fees and interest) or damage on
account of any refund of revenue adjudged to be collected in violation of
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Article VIII, Section 17, of the Montana Constitution (CI-75) and, further,
against all claims, liability, costs and expenses associated with holding an
election or arising out of failure to hold an election pursuant to CI-75. The
City Attorney's office shall review and approve the Hold Harmless/
Indemnity Agreement.
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.
Preliminarv Plat for Allison. Phase I. Minor Subdivision - Bon Ton, Inc. - subdivide 112.21 acres
described as a Dortion of COS 252 and a remainder from Minor Subdivision No. 84 into four
sinale-familv residential lots and one 111.02-acre remainder lot (on Arnold Street) (P-9859)
This was the time and place set for review of the preliminary plat for Allison, Phase I,
Minor Subdivision, as requested by Bon Tori, Inc., under Application No. 2-9859, to subdivide
112.21 acres described as a portion of Certificate of Survey No. 252 and a remainder from
Minor Subdivision No. 84 into four single-family residential lots and a 111.02-acre remainder
tract for future development. The subject property is located along the west side of Figgins
Addition, with the new residential lots to be created immediately north of Morning Star
Elementary School.
Assistant Planning Director Debbie Arkell presented the staff report. She reminded the
Commissioners that in October 1998, they approved a five-lot minor subdivision for this subject
parcel, and the applicant then withdrew the application. She noted that this application, for
the same parcel, will create four single-family homesites plus a remainder lot of 111 acres for
future subdivision.
The Assistant Planning Director noted that the biggest issues with the original application
. revolved around soils and groundwater concerns. She noted that the applicant has completed
additional studies on these issues and, subsequently, submitted this new application. She then
indicated that Arnold Street is already dedicated adjacent to this subject property and will
terminate in a cul-de-sac. She noted that Lots 3 and 4 of the proposed subdivision are already
served by the public street, water and sewer and, if the preliminary plat is filed prior to
extension of those services to Lots 1 and 2, they will be financially guaranteed.
Assistant Planning Director Arkell stated that the City-County Planning Board conducted
its public hearing on this application at its January 20 meeting. She noted that during that
meeting, the Planning Board considered and approved a request to require the installation of
sidewalks prior to occupancy rather than priorto final plat approval and changed Condition No.
13 to reflect the suggestions in the letter from the Army Corps of Engineers. She noted that
the Board also considered the City Attorney's recommended condition pertaining to CI-75 but
determined it does not pertain to regulation and would be more appropriate as a Commission
added condition. She indicated that, after considering this application in light of the criteria,
the staff's comprehensive findings as contained in the written staff report, and the public
testimony, the Planning Board voted to recommend approval, with the approval to be effective
for a period of two years.
Mr. Gene Graf stated that Mr. Dave Jarrett plans to have the houses on these lots
constructed this summer, so the waiver for the sidewalks should be for only a few months.
. He noted that the change in lot design will result in a $6,000 savings per lot in improvement
costs.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the preliminary plat for Allison, Phase I, Minor Subdivision, as requested
by Bon Ton, Inc., under Application No. 2-9859, to subdivide 112.21 acres described as a
portion of Certificate of Survey No. 252 and a remainder from Minor Subdivision No. 84 into
four single-family residential lots and a 111 .02-acre remainder tract for future development,
subject to the following conditions:
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1. The final subdivision plat shall conform to all requirements of the Bozeman
Area Subdivision Regulations and the Uniform Standards for Final
Subdivision Plats, and be accompanied by all appropriate documents,
including certification by the State Department of Environmental Quality
approving the plans and specifications for water or sanitary facilities,
certification from the City's Engineer certifying that as-built drawings for
public improvements were received, a platting certificate issued not less
than 30 days prior to submittal of the final plat application, and all required
. and corrected certificates. Two clothback (or equivalent) and mylar (or
equivalent) copies of the final plat must be submitted for final plat
approval, along with two (2) digital copies of the final plat, on a double
sided, high-density 3 Y:z -inch floppy diskette.
2. The following Certificates shall be corrected on the final plat: a) the
Certificate of Dedication shall be changed to a Certificate of Consent, as
no dedications are occurring with this subdivision; b) Certificate of
Surveyor to reflect the correct MCA reference of Section 76-3-625, not
76-3-614, and to ensure that the survey dates are accurate; c) the
Treasurer's Certificate to change the word uno" to "all", per Section
16.32.090, Bozeman Area Subdivision Regulations.
3. The Montana Fish, Wildlife and Parks; Natural Resources and Conservation
Service; Montana Department of Environmental Quality; and the Army
Corps of Engineers shall be contacted regarding the proposed project. Any
permits required by these or'other agencies having jurisdiction (e.g. 310,
404, Turbidity exemption, etc.) shall be obtained by the applicant and
copies provided to the City Engineering office prior to any construction
within the area(s) permit(s) are required. Copies of all obtained permits,
or of letters indicating permits are not required, shall be submitted to the
. Planning Office with the final plat application.
4. City standard sidewalk shall be installed at the standard location (i.e. one
foot off property line) along the north side of the improved Arnold Street
frontages, or be financially guaranteed, prior to final plat approval. Any
deviation to the standard alignment or location must be approved by the
City Engineer. Regardless of the financial guarantee, the sidewalks must
be installed prior to occupancy of the residences constructed on the lots.
5. Unless a written response. from Montana Power Company is submitted
with the final plat application stating that an easement is not necessary,
a public utility easement shall be shown on the final plat for the existing
overhead power lines on the east side of Lot 4. If this easement is
required, the subdivider shall carefully consider the size of Lot 4, as no
structures can be constructed under/within that easement. The final plat
shall provide public utility easements, which shall be centered along side
and rear lot lines whenever possible. In the event front yard easements
are used, rear yard easements must still be provided unless written
confirmation is submitted to the Planning Office
from ALL utility
companies indicating that front yard easements are adequate. The
easement note required in Section 16.14.050, Bozeman Area Subdivision
Regulations shall be provided on the final plat.
. 6. A copy of the signed Memorandum of Understanding with the Gallatin
County Weed Control District shall be submitted to the Planning Office
with the final plat application.
7. Arnold Street shall be improved between the east and west property
boundary of the proposed minor subdivision to a full City standard. Unless
the cul-de-sac at the end of Arnold Street is relocated to be constructed
entirely on the subject property, a written easement from Bozeman School
District to the City of Bozeman shall be provided with the final plat
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application granting public access to the portion of the cul-de-sac located
on the School District's property, and the easement shall be filed with the
final plat. The cul-de-sac easement must have a 50-foot radius, with the
actual temporary cul-de-sac being constructed of gravel and having a
minimum of 35-foot radius. The cul.de-sac must be signed "No Parking"
with signs that comply with the Manual of Uniform Traffic Control Devices
guidelines, and which are approved by the City Engineer.
. 8. The curb and gutter approach from Arnold Street to Lot 3 shall be replaced
or financially guaranteed prior to final plat approval. This section of curb
and gutter must be replaced prior to issuance of a building permit for Lot
3, regardless of whether the work is financially guaranteed with final plat
approval.
9. The sewer main shall be extended to the west property boundary of the
minor subdivision or as approved by the City Engineer during. plan and
specification review. Sewer and water services shall be clearly identified
on the final plans and specifications and shall be approved by the
Water/Sewer Superintendent. City of Bozeman applications for services
shall be completed by the applicant.
City Street Cut Permit(s) must be obtained from the City Engineering
Department for the locations of water and sewer services/mains within the
public right-of-way.
10. Plans and specifications for any water, sewer, and/or storm sewer main
extensions, and public or private streets (including curb, gutter and
sidewalks), prepared and signed by a Professional Engineer licensed in the
State of Montana, 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.
The subdivider's Professional Engineer shall provide a Pavement Desian
ReDort for Arnold Street paving.
11. All infrastructure improvements, including 1) water and sewer main
extensions, and 2) public or private streets
including curb/gutter,
sidewalks, and storm drainage infrastructure improvements, shall be
financially guaranteed or constructed prior to filing of the final plat. No
building permits will be issued for any lot not served by water and sewer
and an improved public street prior to completion and acceptance of the
public infrastructure improvements.
During installation of the water and sewer mains and street construction;
mechanical or electrical devices, such as water pumps, which create a
. loud raucous or pulsating sound shall not be operated between the hours
of 9:00 p.m. and 7:00 a.m. of the following day, if the noise emanating
from the devices unreasonably interferes with the health, comfort, safety
or welfare of any inhabited dwelling unit in the surrounding area. Vehicles
and equipment utilized to clear snow are exempted from this condition.
12. A Stormwater Grading, Drainage and Treatment Plan and Maintenance
Plan for a system designed to remove solids, silt, oils, grease and other
pollutants from the run-off from the private and/or public streets must be
provided to and approved by the City Engineer. The plan must
02-16-99
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demonstrate adequate site drainage (including sufficient flow directional
arrows and spot elevations
along drainage courses), stormwater
detention/retention basin details (including basin sizing and discharge
calculation and discharge structure
details), stormwater discharge
destination and a stormwater maintenance plan. If the drainage design
discloses any adverse impact to off-site properties, necessary design
alterations and/or drainage conveyance devices and easements must be
provided.
. The stormwater drainage/treatment plan shall include a maintenance plan
which must be provided to and approved by the City Engineer. The plan
shall include the following: description of maintenance operations,
frequency of inspections and maintenance, responsible parties and record
keeping methodology.
Covenants requiring the formation of a Homeowners' Association shall be
filed with the final plat to provide maintenance of the stormwater
drainage/treatment plan in accordance with the maintenance plan. A copy
of the covenants shall be submitted for approval by the Planning and
Engineering Offices prior to final plat approval.
13. Per the conclusion in the December 14, 1998 Soils Investigation report
prepared by Morrison-Maierle, Inc. for this subdivision, new homes shall
not be constructed on the waste fill material previously installed on the
site. The piezometers currently installed on all four lots shall be monitored
on a monthly basis by the subdivider until construction begins, and a
record of the readings shall be provided to the new lot owner/builder to
assist the builder and future homeowner in establishing the finished floor
elevation of the lowest living area, and to determine if a foundation edge
. drain system is necessary.
To advise future lot owners of the soils situation, the following note shall
either be placed on the final plat, or shall be contained in covenants filed
with the final plat. If Covenants are to be filed with the plat, a copy of the
covenants must be submitted with! the final plat application, and the
section pertaining to fill approved by the Planning Office prior to final plat
approval. The note/covenants shall read as follows:
Four test pits were installed on the property to determine the
soils in the areas that the foundation for homes is likely.
This soils investigation determined that the foundation for
new homes should not be placed on the waste material filled
at the site. The relatively shallow depth of the fill material
must be removed during excavation to install a building
foundation below the depth of frost, even if basements are
not installed. The fill removed shall not be placed into the
wetland complex unless prior, appropriate authorization is
obtained from the Army Corps of Engineers, and a copy of
such authorization is submitted with the building permit.
The depth to gravel is also relatively shallow and a building
could easily excavate and place the footings on gravel if a
. full or daylight basement is to be installed. If the builder
elects to place the foundation on the silty/clay layer
encountered at the site, the size of the foundation can be
increased to support the structural loading.
14. The property owner shall sign and file with the final plat, a Waiver of Right
to Protest the Creation of a city-wide park maintenance district(s).
15. The subdivider shall ensure that all construction material and other debris
is removed from the subdivision prior to final plat approval, or prior to
02-16*99
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release of the financial guarantee, if an Improvements Agreement is used
to file the plat.
16. Prior to final plat approval, the subdivider shall verify if any of the
proposed public trail system will pass through the remainder tract with the
Recreation and Parks Advisory Board. This trail system shall be shown on
a conceptual master plan of the entire property, and the conceptual master
plan shall be provided to the Planning Office with the final plat application.
. 17. A note shall be added to the final plat that, due to the relatively high
groundwater table within the area of the subdivision, the construction of
basements is not recommended.
18. If construction activities related to the project result in the disturbance of
more than five (5) acres of natural ground, an erosion/sediment control
plan may be required. The Montana Department of Environmental Quality,
Water Quality Bureau, shall be contacted by the subdivider or the
subdivider's engineer to determine if a Storm Water Discharge Permit is
necessary. If required by the Department of Environmental Quality, an
erosion/sediment control plan shall be prepared for disturbed areas of five
(5) acres or less if the point of discharge is less than 100 feet from State
Waters.
19. The applicant shall comply with Article VIII, Section 17, of the Montana
Constitution (CI-75), insofar as it may be found applicable to this
application, and shall pay any and all costs and expenses associated with
any election or other cost borne by the City deemed necessary for such
compliance.
. Prior to final plat approval, the landowner shall sign a hold harmless
agreement indemnifying the City of Bozeman against any liability, claim,
judgment, cost (including attorney fees and interest) or damage on
account of any refund of revenue adjudged to be collected in violation of
Article Vtll, Section 17, of the Montana Constitution (CI-75) and, further,
against all claims, liability, costs and expenses associated with holding an
election or arising out of failure to hold an election pursuant to CI-75. The
City Attorney's office shall review and approve the Hold Harmless/
Indemnity Agreement.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those
voting No, none.
Conditional Use Permit with Certificate of Approeriateness - Serinaer Groue for James Miller -
allow construction of 4.508-sQuare-foot retail/office/automobile service facilitv (Bia 0 Tire) on
Lots 8 and 9. Block 1. North Seventh Addition (620 North 7th Avenue) (Z-98215)
This was the time and place set for review of the Conditional Use Permit with Certificate
of Appropriateness, as requested by Springer Group for James Miller under Application No.
Z-98215, to allow the construction of a 4,508-square-foot retail/office/automobile service
. facility on Lots 8 and 9, Block 1, North Seventh Addition. The subject property is more
commonly known as 620 North 7th Avenue.
Assistant Planner Joni Killebrew presented the staff report. She stated the City-County
Planning Board conducted its public hearing on this application at its February 2 meeting. She
noted that during the hearing, the applicant requested that Condition No. 22, pertaining to the
color of the stripe on the building be removed and, following consideration of that request, the
Board determined it would be appropriate to remove the red stripe from the east elevation only.
The Assistant Planner stated that, following consideration of the criteria, the staff's
02-16-99
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comprehensive findings as contained in the written staff report and the public input, the
Planning Board forwarded a recommendation for approval, subject to 23 conditions.
The applicant was not present, and no pUblic comment was submitted.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission approve the Conditional Use Permit with Certificate of Appropriateness, as
requested by Springer Group for James Miller under Application No. 2-98215, to allow the
. construction of a 4,50B-square-foot retail/office/automobile service facility on Lots Band 9,
Block 1, North Seventh Addition, subject to the following conditions:
1. The final site plan shall conform to all requirements of the Bozeman
Municipal Code, be adequately dimensioned (e.g. provide dimensions of
typical parking space, regular and disabled, access widths, driving aisle
widths, sidewalk widths, boulevard widths) and, in addition to the
information shown on the preliminary plan, the final site plan shall show
how the following conditions have been met:
A. The final site plan shall provide a detail of the lighting
attached to the building. The light fixture shall comply with
Section 18.50.035 of the Bozeman Municipal Code. Any
lighting used to illuminate an off-street parking area, sign or
other structure, shall be arranged so as to deflect light down
and/or away from any adjoining residential district and shall
not detract from driver visibility on adjacent streets.
B. Per Section 18.50.030.A.2, the lighting standards used to
illuminate off-street parking areas shall not exceed twenty
(20) feet or the height of the tallest building on the lot,
. whichever is lower. The light fixture shall comply with
Section 18.50.035 of the Bozeman Municipal Code. Any
lighting used to illuminate an off-street parking area, sign or
other structure, shall be arranged so as to deflect light down
and/or away from any adjoining residential district and shall
not detract from driver visibility on adjacent streets.
C. The final site plan shall show parking in compliance with
Section 18.50.120, which states that the applicant shall
provide two (2) parking spaces for each service bay. In
addition, the applicant shall provide one
(1 ) disabled
accessible parking space in orderto meet ADA requirements.
The configuration of the off-street parking shall comply with
the requirements of Section 18.50.120 of the Bozeman
Municipal Code unless a deviation or variance is applied for
and granted. This includes parking stall dimension, drive
aisle widths, lot surfacing and curbing.
D. The final site plan shall include all signs proposed for the
project. All signage shall comply with Section 18.65 of the
Bozeman Municipal Code.
. E. The final site plan shall include a detail of a bicycle rack as
required by Section 18.50.040.R. of the Bozeman Municipal
Code.
F. All existing utility and other easements must be shown on
the final site plan.
2. The applicant's professional engineer or architect shall certify in writing
that the required on-site improvements have been installed according to
the approved final site plan, prior to issuance of an Occupancy Permit by
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the Building Department. Required on-site improvements which may be
financially guaranteed prior to issuance of an Occupancy Permit include
landscape, landscape irrigation, fences, project identification signs, refuse
screening, or other improvements approved by the DRC. The decision on
which improvements may be financially guaranteed shall be based on a
finding that unsafe or hazardous conditions will not be created or
perpetuated without the installation of certain improvements, or that the
property will not have an unacceptable adverse impact on adjoining
. properties until such improvements are installed.
3. The applicant's professional engineer shall certify in writing that the rough
finish grade including retention/detention ponds, have been installed
according to the approved final site plan and site grading plan, prior to
issuance of an Occupancy Permit by the Building Department. Rough
finish grade means the finished grade exclusive of sod, turf or topsoil for
seeding.
4. A Stormwater 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 by means of spot elevations and flow
direction arrows, stormwater retention basin details including basin sizing
calculations, and a stormwater maintenance plan.
Specific comments on the information submitted to the DRC are as
follows:
A. The extent of the ponds shall be clearly identified.
. B. The areas contributing to each pond shall be clearly
identified.
C. A stormwater facility maintenance plan shall be submitted
for review and approval.
D. Top of pond and pond bottom elevations shall be given.
5. Sewer and water services shall be shown on the final site plan and
approved by the City Water/Sewer Superintendent. City of Bozeman
applications for service shall be completed by the applicant.
6. The location of the existing water and sewer mains shall be property
depicted on the final site plan, as well as all nearby fire hydrants.
7. The water service and curb box locations must be shown on the landscape
plan.
8. The location of the water meter inside the proposed structure must be
approved by the Water Department.
9. The drive approach shall be constructed in accordance with the City's
. standard commercial drive 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 submitted to the City Engineer prior to final
site plan approval.
10. City standard sidewalk shall be installed along the North 7th Avenue street
frontage. In order to facilitate snow removal and enhance pedestrian
safety and to the greatest extent allowed by the configuration of the lot
and adjacent existing sidewalks, the applicant is urged to place a 5 % -foot
boulevard between North 7th Avenue and the sidewalk. Since this would
02-16-99
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have the effect of placing the public sidewalk on the subject property, a
pedestrian access easement for the sidewalk should be granted to the
City. The City Engineer must approve the final alignment and locatio'n of
the sidewalk.
11. Concrete curbing shall be provided around the entire new parking lot
perimeter and adequately identified on the final site plan. The Director of
Public Service must approve the use of drop curb adjacent to snow
. storage areas. Typical curb details, including a detail Of any proposed drop
curb, must be provided with the final site plan.
12. Any floor drains proposed for the building interior shall be shown on the
final site plan. Floor drains located in a vehicle accessible area shall be
provided with a City Standard grit/oil separator approved by the City
Engineer. A detail for the grit/oil separator shall be provided with the final
site plan. Due to the difficulty and expense in providing proper
maintenance and disposal of waste associated with a separator, we
encourage the applicant to seriously consider deleting the proposed floor
drains and operating as a "dry shop".
13. Adequate snow storage area must be designated outside the sight
triangles, but on the subject property unless a snow storage easement is
obtained for a location off the property and filed with the County Clerk
and Recorder.
14. Drive approach and public street intersection sight triangles shall be free
of plantings which, at mature growth, will obscure vision within the sight
triangle.
15. A pretreatment program sanitary sewer survey shall be complete by the
. applicant and submitted to the Engineering Department prior to final site
plan approval.
16. The applicant shall submit a typical detail of the proposed window
awnings verifying the type of illumination, location of illumination (Le.
continuous), and the type of material to be used (Le., transparent,
translucent, or opaque). ,If the proposed illumination is to be a continuous
series of fluorescent tubes or other similar lumina ire, then the applicant
should be required to use an opaque material for the awning.
17. The ADR staff recommends that the applicant give strong consideration
to a redesign of the freestanding sign that incorporates graphics similar to
the indiv'idualletters mounted on the facade of the building.
18. The ADR recommends that the applicant replace the one-course, smooth
face masonry horizontal accent red band on the east facade with a two or
three-course, unfinished split face band with no color, and that the red
color palette be replaced with a more subtle burgundy or similar
alternative.
19. The applicant shall verify the location and dimensions of the mechanical
. equipment and, if said equipment is roof-mounted, the applicant shall
verify if it is higher than the parapet wall. If the mechanical equipment
does exceed the top of the parapet wall by more than two (2) feet, the
applicant should be required to screen and/or paint the equipment to be
consistent with the buildings color palette.
20. 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 modifications for review and
02-16~99
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approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
21. 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.
22. That all of the special conditions shall constitute restrictions running with
. the land use, shall be binding upon the owner of the land, his/her
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. All of the special conditions shall
be agreed to in writing by the applicant.
23. All conditions specifically stated under this approval shall apply and be
adhered to by the owner of the land, his/her successors or assigns.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro Tempore Youngman; those
voting No, none.
Commission Resolution No. 3278 '. intent to deannex 13.4247-acre tract described as Tract
1A and the west 35 feet of Tract 2. COS No. 1877. located in the SWY4. Section 32. T1 S.
RGE. and the NWY4. Section 5. T2S. RGE. MPM (The Mill): set Dublic hearing for March 5.
1999
Included in the Commissioners' packets was a copy of Commission Resolution No.
. 3278, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3278
A RESOLUTION OF THE .CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF A CERTAIN TRACT
OF LAND IN SAID CITY OF BOZEMAN, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO ALTER THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
EXCLUDE SAID TRACT FROM THE CORPORATE LIMITS THEREOF.
Also included in the Commissioners' packets was a copy of the staff report, providing
background information and evaluating the request for deannexation in light of the criteria for
exclusion of land as set forth in the Montana Code Annotated.
Mr. Ed McCrone, applicant, requested that consideration of this item be delayed until a
full Commission is present.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission table action on Commission Resolution No. 3278 to March 1, per the applicant's
request. The motion carried by th~ following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Pro Tempore
. Youngman; those voting No, none.
Ordinance No. 1486 - amending Section 2.28.040 of the Bozeman MuniciDal Code. Droviding
for revisions to the manner in which the comDensation of the City Judae is calculated
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1486,
as approved by the City Attorney, entitled:
02-16-99
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ORDINANCE NO. 1486
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION .2.28.040; PROVIDING FOR REVISIONS TO THE
MANNER IN WHICH THE COMPENSATION OF
THE CITY JUDGE IS
CALCULATED.
. It was moved by Commissioner. Rudberg; seconded by Commissioner Frost. that
Ordinance No. 1486, revising the manner in which the compensation of the City Judge is
calculated, be finally adopted. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore
Youngman; those voting No bein'g Commissioner Rudberg.
Ordinance No. 1487 - amending the salary of the City Judge for Fiscal Year 1998-1999
Previou'sly distributed in the Commissioners' packets was a copy of Ordinance No. 1487,
as approved by the City Attorney, entitled:
ORDINANCE NO. 1487
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING ORDINANCE NO. 1476, WHICH ESTABLISHED T.HE
MONTHL Y SALARY OF THE CITY JUDGE OF THE CITY OF BOZEMAN FOR
FISCAL YEAR 1998-1999.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance
No. 1487, amending the monthly salary of the City Judge for Fiscal Year 1998-1999, be finally
adopted. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Frost, Commissioner Smiley and Mayor Pro Tempore Youngman; those voting
No being Commissioner Rudberg.
Ordinance No. 1488 - amending Section 6.04.170 of the Bozeman Municical Code. Droviding
for revisions to the duties. authority and cower of the Animal Control Officer
Included in the Commissioners' packets was a copy of Ordinance No. 1488, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1488
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED
BY ORDINANCE NO. 1463, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED,
BE AMENDED BY REVISING SECTION 6.04.170; PROVIDING FOR REVISIONS
TO THE DUTIES, AUTHORITY AND POWER OF THE ANIMAL CONTROL
OFFICER.
City Attorney Luwe stated that this ordinance clarifies the Animal Control Officer's
authority to issue citations rather than submitting requests for prosecution through his office.
. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Ordinance No. 1488, amending Section 6.04.170 of the Bozeman Municipal Code to revise the
duties, authority and powers of the Animal Control Officer be provisionally adopted and that
it be 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 Pro Tempore Youngman; those voting No, none.
02-16-99
- 17 -
Discussion . Commissioner Droiects
None of the Commissioners forwarded any comments under this agenda item.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
. Information" items.
(1) Copy of a letter from the City-County Planning Office to the Gallatin County
Commission, dated February 2, regarding the draft Section 201 zoning regulations.
(2) Copies of letters from Engineering Assistant Andrew Kerr to residents along South
Rouse Avenue at East Lincoln Street, dated February 5, notifying them of the need to install
sidewalks along their Lincoln Street frontages.
(3) Notice that the Downtown Improvement District Board meetings will be held on
the third Thursday of each month.
(4) Copies of more form letters encouraging the Commission to allow an improved
outdoor ice skating rink, as proposed by the Bozeman Amateur Hockey Association.
(5) Agenda for the County Commission meeting which was held at 1 :30 p.m. today
at the Courthouse.
(6) Agenda for the Development Review Committee meeting which was held at
10:00 a.m. today in the Commission Room.
(7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
. Wednesday, February 17, in the Commission Room.
(8) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, February 18, in the Commission Room.
(9) Agenda for the Drug Court Planning Coalition meeting which was held at noon
on Thursday, February 11, at the Courthouse, along with minutes from the January 21
meeting.
(10) Copy of the Gallatin County Attorney's Opinion No. 99-1, regarding Human
Services Department immunizations and CI-75.
(11 ) City Manager Johnson noted that it is time to conduct the annual hearings for the
CDBG and HOME programs. He reminded the Commission that in past years, Special Projects
Coordinator James Goehrung has conducted those hearings and asked if the Commission
wishes to appoint him as hearings officer or conduct the hearings this year.
The Commissioners concurred that Special Projects Coordinator James Goehrung should
conduct the public hearings.
( 12) The City Manager submitted his weekly report, as follows. (1) Stated that, with
. Commissioner Smiley's assistance, a request for federal grant monies to purchase a large
amount of parkland and build recreational facilities has been submitted. (2) Noted that the
remodeling in the back of the City Hall is continuing and should be completed this week. He
noted that the remodeling will provide privacy for Staff Attorney Cooper's office, provide
additional space for new secretarial staff and help with organization of the entire office.
( 13) The City Manager briefly highlighted legislative issues, noting that he is watching
a couple of bills with great concern. He noted that HB535 would prohibit government
employees from lobbying and prohibit governments from paying dues to any organization that
lobbies, such as the Montana League of Cities and Towns. He also noted that HB515 would
02-16-99
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prohibit governments from competing with private industry. He stated that this could raise
health concerns, particularly in communities like Bozeman where private industry would then
have a monopoly for garbage hauling. He then indicated that HB375 would require cities to
reimburse fire districts in perpetuity for lost revenues resulting from annexation. He concluded
by noting that HB434 would allow for impact fees on new development for funding of schools,
characterizing this as the first piece of legislation which authorizes impact fees.
Commissioner Youngman asked if the Commission should be prepared to mobilize and
. respond to legislation that may hit the floor quickly during the upcoming weeks as the
Legislature reaches the mid-session break and the attendant transmittal deadline.
As a result of discussion, the Commissioners agreed that a special meeting should be
scheduled on next week's agenda to address legislative issues.
(14) Assistant City Manager Brey submitted the following. (1) Attended the Parking
Commission meeting on Thursday morning. He noted that, in light of updated information
regarding their budget, it appears they will incur a maximum $10,000 shortfall in constructing
the new parking lot on South Bozeman Avenue rather than the $15,000 to $35,000 shortfall
initially projected. (2) Noted that a year ago, the City took a hard look at its services to make
sure they are as effective and as efficient as possible and to consider whether privatization
might be a viable option. He expressed concern that the legislation currently being considered
would require the privatization of services without first conducting that type of analysis.
(15) City Attorney Luwe noted that the Commission has received a request for
continuance of the possible revocation of a kennel license. He asked the Commissioners to
give some indication of whether they plan to honor that request, so staff can notify the parties
involved.
A majority of the Commissioners indicated a willingness to continue consideration of that
. item. ( 16) Commissioner Rudberg submitted the following. (1) Stated her appreciation for
the Recreation and Parks Advisory Board, characterizing it as a hard working board. (2) Stated
that, in light of a recent newspaper article, it may be possible to obtain monies from the Turner
Foundation for a skateboarding facility. (3) Indicated her support for the Planning Board
providing input to the Planning Director regarding evaluation of the employees. (4) Noted that,
while she appreciates the letters from the Bozeman Amateur Hockey Association, she does not
give credence to any from outside Bozeman.
( 17) Responding to Commissioner Rudberg, Commissioner Frost stated he is liaison to
the Downtown Improvement District Board, but its meetings conflict with the Historic
Preservation Advisory Board meetings. He then indicated his interest in having Commissioner
Smiley, the alternate liaison, continue attending the lOB meetings.
( 18) Responding to Commissioner Rudberg, City Manager Johnson stated the RFP for
a consultant to review the impact fee program has been prepared, but it has not yet been
advertised.
( 19) Responding to Commissioner Rudberg, City Manager Johnson stated the City has
requested a copy of the County's extraterritorial zoning map and information but has not yet
received it.
. Commissioner Smiley stated that she attended the public meeting on the County's
proposed 201 zoning. She then indicated that some revisions have been made to the
document, and those revisions are not yet available to the public.
Commissioner Rudberg voiced her concerns about the City-County Planning Board's
proposed involvement in the 201 zoning, suggesting that if the County wishes to assume
responsibility for the jurisdictional area, it should do so with its own staff and its own board.
02-16-99
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- 19 -
ADproval of final plat for Alderson Place Condominiums (to create 12 condominium units on a
2.0-acre Darcel described as Lot 2. Guy's Second Addition) ( 125 East Alderson Street)
(P-9631 )
City Manager Johnson stated he requested that this item be removed from the Consent
Items in response to Ms. Carol Dietrich's request that public comment be allowed.
City Attorney Paul Luwe reminded the Commission that the subdivision process is a two
. stage process. He noted that the preliminary plat is approved. subject to conditions. and once
that approval has been granted, new or revised conditions may not be imposed without going
through the preliminary plat process again. He stated that if the conditions for approval of the
preliminary plat have been satisfied, the Commission must approve the final plat.
Senior Planner Dave Skelton briefly highlighted the final plat, stating that the applicant
has met the ten conditions for approval of the preliminary plat. He noted that the key issue
seems to be the common open space and the possibility of constructing fences in that space.
Responding to questions from Commissioner Rudberg, Mr. Steve Daines, applicant,
stated that the requested clarification on fencing is being drafted and signed, and it will be filed
tomorrow.
Mrs. Carol Dietrich, 120 East Story Street, stated that a group to speak on issues
throughout the valley is being formed, and she is speaking as a member of that group. She
stated that the duck pond is a beautiful place, and she hopes it will remain as it is, without
fences to detract. She noted that at a recent symposium on space for wildlife, the leading
questions were defining open space, what it is and why it is important. She then indicated
that, based on that information, she has submitted two different definitions for open space and
encouraged the City to carefully consider those definitions in the future.
Mrs. Dietrich noted that under this final plat, fences would be acceptable structures in
. the open space at the Alderson Place Condominiums, but she questioned if this is the kind of
open space development that is desired in Bozeman. She suggested that if fences are needed
for safety, they be transparent in design, so visual contact can still be maintained. She
concluded by encouraging the Commission to take steps to ensure that the protected
compound effect of six-foot-high fences does not occur in this development.
Mr. Todd Fiscus, 120 East Alderson Street, stated he likes the openness in the area and
wants to see the natural beauty of the area rather than six-foot-high fences.
Mr. Nick Zelvar, President of the Alderson Place Condominium Association, stated that
he has withdrawn his application for that portion of the fence which would have required a
deviation. He then noted that open space is still private property and, in this particular
situation, there is a public easement through the development. He stated he is supportive of
the path, however, he is also sensitive to the amount of traffic along the trail and he feels
modest privacy fencing is appropriate.
Senior Planner Skelton noted it has been the desire of the Commission to keep the zone
code as general as possible, which has resulted in a rather general definition of open space.
He then cautioned that any comparison of this development to Sundance Springs is
inappropriate because the differences include dedicated parkland versus common open space,
and subdivision versus a zoning planned unit development.
. Responding to Ms. Dietrich, the Senior Planner stated that the Alderson Place
Condominiums is subject to subdivision review, but it is not a subdivision that creates lots.
Responding to Commissioner Frost, the Senior Planner showed where the open space
areas are located within the Alderson Place Condominium development. He then indicated that
30 percent of the area must be in open space, and 50 percent of that open space must be in
common ownership. He stressed that, while trails, pathways and ponds may be located in the
common open space, it is not dedicated for public use; rather, it is designed for the residents
and the guests of the development. He stated that if a property owner wants to install a fence
02-16-99
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or a gazebo in the open space, he or she must first obtain the approval of the entire association
and then receive a Certificate of Appropriateness from the City.
Commissioner Rudberg stated that the balance between property owners' rights and the
community must be carefully considered. She recognized Mr. Zelver's desire for a fence,
particularly because people and animals have been so inconsiderate of his property.
Commissioner Frost recognized the confusion that the definitions of open space can
. create a,nd suggested that another definition which applies to this type of development may be
appropnate.
Commissioner Smiley encouraged the community to work together, and recognized the
need for fencing for privacy.
Mayor Pro Tempore Youngman noted that this item has brought several issues to the
surface and encouraged continued pUblic dialogue about open space and how it fits into
development.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the final plat for Alderson Place Condominiums, to create 12 condominium
units on a 2.0-acre parcel described as Lot 2, Guy's Second Addition, as recommended in the
letter from the Senior Planner dated February 16, 1999. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost,
Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No, none.
ADDlication for Kennel License - Vincent C. Galli and Linda R. Loetterle. 1316 South Black
Avenue - Calendar Year 1999
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that action
. on this kennel license be tabled to March 15, to give staff an opportunity to complete the
necessary advertising. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro
Tempore Youngman; those voting No, none.
Consent Items
City Manager Johnson presented to the Commission the following Consent Item.
Claims
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Consent Item 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 Pro Tempore Youngman; those voting No, none.
Recess. 4:55 D.m.
. Mayor Pro Tempore Youngman declared a recess at 4:55 p.m., to reconvene at 7:00
p.m., for the purpose of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Pro Tempore Youngman reconvened the meeting at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
02-16-99
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Continued Dublic hearing - COA with deviations from Sections 18.50.060.C.1. 18.65.070.B.2
and 18.65.130. Bozeman Municipal Code. to allow construction of 24-foot bv 24-foot CanaDY
over DumD island that encroaches 9 feet into 15-foot corner side yard setback. wall signaae
totalling 30.15 sauare feet more than allowed. and low Drofile freestanding sian within vision
trianale on Lots 15-18. Block 51. West Park Addition - David and Janette Rutledge for Me &
Jan's. 919 West Colleae Street (Z-98198)
This was the time and place set for the continued public hearing on a Certificate of
. Appropriateness with deviations from Sections 18.50.060.C.1, 18.65.070.B.2 and 18.65.130
of the Bozeman Municipal Code, as requested by David and Janette Rutledge for Me and Jan's,
under Application No. Z-98198, to allow construction of a 24-foot by 24-foot canopy over a
pump island that encroaches 9 feet into the 15-foot corner side yard setback, wall signage
totalling 30.15 square feet more than allowed, and a low profile freestanding sign to be located
within the vision triangle on Lots 15 through 18, Block 51, West Park Addition. The subject
property is more commonly located at 919 West College Street.
Mayor Pro Tempore Youngman reopened the continued public hearing.
Assistant Planning Director Debbie Arkell gave the staff report on behalf of Associate
Planner John Sherman. She noted that the subject property is located at the northeast corner
of the intersection of West College Street and South 10th Avenue. Under this application, a
canopy which extends 9 feet into the required 15-foot corner side yard setback is to be
constructed over the existing bank of gas pumps along South 10th Avenue. Also under this
application, the existing 118.68-square-foot, 21 %-foot-tall freestanding sign is to be replaced
with a 26.85-square-foot, 5-foot-high, low profile sign which encroaches into the vision
triangle. The application also includes a deviation to allow a total of 80.4 square feet of wall
signage on the property, with the total signage being 30.15 square feet more than allowed
under the code.
. The Assistant Planning Director stated that staff has reviewed this application and
forwarded a recommendation for approval of the deviations for the canopy and excess signage
but not for the low profile sign in the vision triangle. She noted that the Design Review Board
considered this application at its January 12 meeting and concurred in staff's recommendation.
She stated the Board also suggested that a pole sign be considered in the vision triangle;
however, under the zone code, a variance must be sought from the Board of Adjustment to
allow a pole sign on the property because it is located in a "B-1" zone.
Assistant Planning Director Arkell noted that, in a letter distributed to the Commissioners
today, Mr. Gary Vodenhal has requested that additional landscaping be required in exchange
for the deviations.
Commissioner Frost noted that the City requires people to move trees and hedges from
the sight triangle and asked if the Commission has the authority to allow the location of a sign
in that same location.
Mr. Dave Rutledge, applicant, stated that they are attempting to reduce the amount of
signage on the subject property while providing information to the public. He then indicated
that Conoco will not allow the posting of prices on the canopy, 50 a freestanding sign is
necessary. Because of constraints on the site, the only appropriate place for that freestanding
sign is within the vision triangle.
. Mr. Dave Rutledge showed the Commission a picture of the site, noting that cars are
parking along the street adjacent to his property on a regular basis. He then indicated that the
proposed low profile sign will not impact the safety of the street any more than it already is.
No one spoke in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Pro Tempore Youngman closed the
public hearing.
02-16-99
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Commissioner Rudberg asked if the Commission decides a pole sign is safer than a
monument sign, can it be forwarded to the Board of Adjustment, so they are aware of the
concerns that would accompany the installation of a low profile sign.
City Attorney Luwe stated that the minutes from this hearing are public record, and the
applicant can submit them with his application for a variance. He then stressed that the
application must be reviewed in light of the criteria for granting a variance.
. Mayor Pro Tempore Youngman stated she feels additional landscaping should be required
if a variance is sought and received and asked if the Commission could include such a condition
in its action on this agenda item.
City Attorney Luwe responded that the variance would be subject to the conditions
imposed by the Board of Adjustment, and it is possible they would not include the requirement
for additional landscaping.
Responding to Commissioner Rudberg, Assistant Planning Director Debbie Arke!! stated
that landscaping in the sight triangle may not be more than 30 inches tall, and could be
installed around the base of the sign.
Commissioner Rudberg stated she is concerned about safety. She noted that she is
uncomfortable with approving something that could cause an accident. She also noted that
the Commission has been careful to protect the sight triangle when considering other
applications, and she feels approval of this request would set a dangerous precedent.
Commissioner Frost stated he is very familiar with the site and feels that the requested
monument sign will create no more problems than currently exist. He also indicated his
preference for a monument sign over a pole sign, noting that the competition down the street
also has monument signs.
. Mayor Pro Tempore Youngman noted that traffic along West College Street is heavy,
particularly at certain times of the day, and it moves rather swiftly. She indicated that she is
also concerned about public safety and cannot support the installation of a sign that could
impact visibility.
Commissioner Smiley stated that, while she prefers the monument sign, she cannot
support its location within the sight triangle.
Responding to Mayor Pro Tempore Youngman, Assistant Planning Director Arkell
characterized this as a "tough site", with no good location for a low profile sign except in the
sight triangle.
Commissioner Frost concurred that West College Street is a dangerous street,
particularly since it is used by pedestrians, bicyclists and cars. He noted, however, there are
few accidents in this area because the street is busy and crowded and people tend to be more
careful. He then indicated that, because of the existing conflicts and the amount of on-street
parking and poor visibility, he can support the proposed low-profile sign in the vision triangle.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness with deviations from Section
18.50.060.C.1 and 18.65.070.B.2 of the Bozeman Municipal Code, as requested by David and
. Janette Rutledge for Me and Jan's, under Application No. Z -98198, to allow construction of
a 24-foot by 24-foot canopy over a pump island that encroaches 9 feet into the 15-foot corner
side yard setback and wall signage totalling 30.15 square feet more than allowed on Lots 15
through 18, Block 51, West Park Addition, subject to the following conditions:
1. The applicant shall provide a revised signage calculation sheet identifying
the status of the bank sign, which was not shown on the submitted sign
calculation sheet. The calculations shall show that wall signage does not
exceed 80.4 square feet, which allows an additional 30.15 square feet of
wall sign area;
02-16-99
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2. Any lighting associated with the proposed island canopy shall be shielded,
directed downward, and shall not extend off site; and
3. In any case, the applicant shall remove the existing pole-style freestanding
sign, and provide to the Planning Department a revised site and signage
plan, indicating all approved signage, prior to the issuance of the
Certificate of Appropriateness and a building permit;
. and that the Commission not approve the requested deviation from Section 18.65.130 to allow
a low profile freestanding sign within the vision triangle but encourage the applicant to seek
a variance from the Board of Adjustment to allow the installation of a pole sign within the
vision triangle, with the minutes from this meeting to be included in the information submitted
to the Board so that they are aware of the Commission's desire that additional landscaping, not
to exceed 30 inches in height at maturity within the vision triangle, be required around the base
of the sign in conjunction with any deviation or variance for the freestanding sign. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Smiley and Mayor Pro Tempore Youngman; those voting No being Commissioner
Frost.
Continued Dublic hearing - COA with deviation from Section 18.50.060.D of the Bozeman
MuniciDal Code. to allow DrODosed wood fence to encroach 25 feet into 35-foot watercourse
setback at Alderson Place Condominiums - Nicholas Zelver and Aida Muraa. 131-8 East
Alderson Street (Z-98155)
This was the time and place set for the continued public hearing on a Certificate of
Appropriateness, as requested by Nicholas Zelver and Aida Murga, under Application No.
Z-98155, with a deviation from Section 18.50.060.0 of the Bozeman Municipal Code, to allow
a proposed wood fence to encroach 25 feet into the required 35-foot watercourse setback at
. Alderson Place Condominiums.
Included in the Commissioners' packets was a letter from the applicant, dated January
19, 1999, withdrawing this application.
Mayor Pro Tempore Youngman reopened the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
Commission acknowledge receipt of the letter of withdrawal, dated January 19, 1999, as
submitted by Nick Zelver and Aida Murga. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner
Rudberg and Mayor Pro Tempore Youngman; those voting No, none.
Public hearing - Zone MaD Amendment to establish an initial zonina of designation of "R-3" -
Salie B. O'Mallev and Philip 5. Cook - 8.75-acre tract described at Tracts 2. 3 and 4. Van Horn
Subdivision (3316 and 3318 West Babcock Street) (Z-9821Q)
This was the time and place set for the public hearing on the Zone Map Amendment to
establish an initial zoning designation of "R-3", Residential--Medium-density, on an 8.75-acre
tract described as Tracts 2, 3 and. 4, Van Horn Subdivision, as requested by Salie B. O'Malley
and Philip S. Cook under Application No. Z-98210. The subject property is more commonly
. known as 3316 and 3318 West Babcock Street.
Mayor Pro Tempore Youngman opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that this application
for an urban zoning designation has been triggered by annexation of the subject property,
although the annexation process has not yet been completed. He stated that a master plan
amendment adopted in 1994 designated all of the property south of Durston Road in this
immediate area as urban residential.
02-16-99
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The Senior Planner stated that three parcels of land are involved in this requested
rezoning, two of which were the subject of a previous annexation and rezoning process initiated
by Mr. Dennis Balian. He noted that the Commission had approved those applications, but the
processes were never completed, and the property has subsequently been sold to Mr. Cook and
Ms. O'Malley. He stated that this application includes the parcel to the west, which the
applicants have also purchased. He noted the property is essentially vacant, except for the two
residences on the north end.
. The Senior Planner stated that staff has reviewed this application in light of the twelve
criteria established in the Montana Code Annotated, and the staff's comprehensive findings are
contained in the written staff report, which has been submitted to the Commission. He briefly
summarized those findings, noting that he has included a list of the uses allowed in the "R-3"
zoning district. He stressed that the "R-3" zoning designation allows for a variety of housing
types, ranging from single-family to four-plexes and five-unit townhouse clusters, as well as
a variety of other uses.
Senior Planner Skelton reviewed the surrounding zoning designations and land uses,
which include "R-3" zoning and development, "R-4" zoning, some "R-2" zoning beginning a
block north of the subject site, "PU" zoning where The Ponds are located immediately south
of this parcel, and County Zoning District No.1 zoning designation "RR".
The Senior Planner stated that one of the key issues is the impact this zoning will have
on the transportation network, particularly in light of recent discussions about the West
Babcock Street corridor. He noted that, because of the long linear shape of the subject
property, bisected by a public street, the level of development on this property will be quite
limited. He recognized that, based on the acreage involved, at maximum density, a total of 78
units could be constructed on the site, but it does not appear that would be possible.
Senior Planner Skelton stated that the City-County Planning Board conducted its public
hearing on this application at its February 2 meeting. He indicated that, following the public
. hearing, consideration of the public testimony received, the criteria and staff's findings, the
Board voted 4 to 2, with 2 abstaining, to recommend approval of the application. He noted
that a significant amount of public input has been received, much of it in opposition. He stated
that input has been analyzed to determine whether a super-majority vote is required for
approval, and he has found that only a majority vote will be needed.
Ms. Salie O'Malley, applicant, indicated that, while she currently resides in Florida, she
and Mr. Cook purchased this property while they lived in Butte. She stated that there are many
advantages to having the property inside city limits and zoned with an urban designation. She
stressed that this application will not affect traffic at this time; it simply allows for connection
to city services and future development at urban densities. She noted that, in the future, they
plan to seek boundary realignments so that each of the two existing houses is on its own lot.
She concluded by noting that this application is not accompanied by any specific proposal for
development.
Mr. Bob Hendricks, 1003 Mountain Ash, stated that the recommendation from the City-
County Planning Board is not one of resounding support; rather, it has been forwarded on a
split vote with many reservations and comments. He noted that the problems in this portion
of the community are well known and include traffic, streets and densities. He stated that the
requested zoning may be consistent with the master plan and with prevailing public policy, but
that doesn't make it right. He concluded by asking that the Commission not approve this
. requested rezoning.
Mrs. Sheri Cole, 3605 Broadwater Street, characterized this as a unique piece of
property that is important to the area. She noted that if it were zoned "R-2", Residentialn
Single-family, Medium-density, it would not be an island because of the amount of single-family
development around it. She recognized that the requested "R-3" zoning designation may meet
the twelve criteria; however, she stated that "R-2" zoning also meets those criteria and would
help to ensure infill development that is compatible with the area. She concluded by
encouraging the Commission to take steps to protect this parcel and the ambiance of The
Ponds.
02-1 6-99
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Mrs. Betty Smithgall, 303 Sweetgrass Avenue, reviewed some of the residential goals
contained in the 1990 Bozeman Area Master Plan Update, stating she feels that some of them
have been ignored when considering the requested "R-3" zoning designation. She stated that
West Babcock Street is a narrow street with a heavy traffic load that moves at high speeds.
She also noted that the Master Plan encourages the construction of a full range of housing;
however, more high-density, multi-family units have been constructed in the northwest
segment of the community than single-family units. She concluded by encouraging the
Commission to consider what type of zoning designation would be a good neighbor to The
. Ponds and to consider the impacts that development of the site will have on West Babcock
Street and Fowler Avenue.
Ms. Shelly Henry, 314 Meagher Avenue, stated that those in attendance at this hearing
are not opposed to high-density housing or low-income housing, but they are opposed to
unbalanced development. She stated that 74 percent of the multi-family housing is located in
the northwest quadrant of the community. She recognized that high-density development
saves land and minimizes the need for extension of infrastructure; however, she stated it has
impacts on the infrastructure and the area. She suggested that spreading the high-density
development throughout the community would reduce the impacts on small stretches of
infrastructure, thus allowing the system as a whole to remain in better shape. She stated that
a review of the building permits issued in 1998 and January 1999 revealed that 244 new
housing units were permitted in the northwest quadrant, with only one of those being for a
single-family unit. She stated that in another area of the community, 46 permits were issued,
35 of which were for single-family homes. She concluded by encouraging the Commission to
ensure that balance is provided.
Mr. Mike Cole, 3605 Broadwater Street, stated the subject parcel is a nice one, adjacent
to The Ponds, and suggested it is a perfect place for "R-2" zoning. He noted that pride comes
with ownership rather than rental, and stressed that this is an area where pride is important.
He also noted there is already a significant amount of "R-3" zoning in the area and encouraged
. the Commission to not add to that inventory.
Ms. Susan Smiley, 2502 West Babcock Street, stated the area has enough high-density
development, and it now needs to be balanced with single-family residential development.
Ms. Kim Walker, representing the applicant, stated that at both the Planning Board
meeting and this meeting, there has been an insinuation that the Master Plan is inadequate.
She then forwarded her belief in the Master Plan, and stated that this is the area where the
infrastructure is available and more dense development has been identified. She acknowledged
the residents' frustrations and stated she also feels The Ponds is a special place. She
suggested that, through use of the planned unit development process, a clustered housing
project could be constructed that would protect the area. She then reminded the Commission
that an "R-3" zoning designation was previously approved for two of the three lots involved.
Ms. Walker concluded by stating that if this property is not annexed, it will remain in the
county and the additional right-of-way for West Babcock Street will not be obtained. She
suggested that, with annexations and rezonings, West Babcock Street improvements will be
one step closer to reality.
Ms. Salie O'Malley stated she also feels The Ponds are important, and that is one of the
reasons they have sought annexation and connection to City services. She recognized that The
Ponds is a unique area, and she has worked with the City to ensure the area is enhanced. She
. stated that the requested "R-3" zoning is consistent with the zoning in the area, even though
much of it has been developed as single-family residential, and it provides a wide range of
options for future development. She recognized the concerns that have been voiced about
West Babcock Street, stating that the roadway will be improved when the time is right. She
stressed that no development plan has been created to date.
Since there were no Commissioner objections, Mayor Pro Tempore Youngman closed the
public hearing.
02-16*99
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Responding to Commissioner Frost, Senior Planner Dave Skelton stated that the issue
of access to this site will be addressed during a future review process. He then recognized that
accesses onto arterials must be carefully considered.
Senior Planner Skelton briefly responded to some of the comments which were
forwarded during the public hearing. He noted there are many odd-shaped parcels that the city
has engulfed in this area, yet they remain outside city limits. He stated that "R-1" and "R-2"
lots are not marketable in this area because of the predominance of "R-3" zoning. He then
. reminded the Commission that much of the "R-3" zoned property has been developed as single-
family residential, on the smaller lots that many people like. He recognized that there is a
significant amount of affordable housing in this quadrant of the community, due in large part
to the demand. He reminded the Commission that this application does comply with the Master
Plan and the twelve criteria against which zone map amendments are considered.
The Senior Planner stated that, while the Balian application for this property was
approved by the Commission, the rezoning process was not completed because the property
was not annexed. He then noted that, with subdivision, a parkland dedication will be required
or, with a planned unit development, open space will be required. He suggested that the south
half of the property could serve as an expansion of The Ponds under either one of those
development processes. He then concluded by noting that the size of lots under the "R-1" or
"R-2" zoning designations is too large for the site or the area.
Commissioner Smiley noted that the inner city has not kept up with the need for
apartments. She recognized the need for denser housing and for providing housing that those
in the service industries can afford. She indicated her support for the requested "R-3" zoning,
noting that this type of zoning allows for denser development and more affordable starter
homes.
Commissioner Rudberg stressed the importance of recognizing that the vacant land in
. a community will one day develop. She encouraged the residents in the area to take a look at
what has been built and to recognize that the requested zoning is consistent with the Master
Plan. She noted that the west side of town has the infrastructure in place, thus attracting more
development than any other portion of the community at this time. She recognized the
concerns that have been voiced about West Babcock Street, noting that the issue will be
addressed when the opportunity arises.
Commissioner Frost recognized the concerns voiced by the residents in the area. He
stated, however, that the requested rezoning does comply with the Master Plan, and he will
support it.
Mayor Pro Tempore Youngman noted that residents in the northwest quadrant of the
community have had a proactive meeting with the City staff regarding their area, and
encouraged them to continue in a proactive role. She stated that large lot, large home
development is not appropriate along an arterial, noting the requested "R-3" zoning is more
appropriate. She then recognized that good issues have been raised tonight that will need to
be addressed in future processes.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Zone Map Amendment to establish an initial zoning designation of
"R-3", Residential--Medium-density, on an 8.75-acre tract described as Tracts 2, 3 and 4, Van
Horn Subdivision, as requested by Salie B. O'Malley and Philip S. Cook under Application No.
. Z-98210, contingent upon annexation and, after completion of the annexation process,
authorize and direct staff to bring back an ordinance enacting the rezoning. 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.
Staff reauest for enforcement ofrevocation of Kennel License for Grace Yost. 705 North Grand
Avenue
Included in the Commissioners' packets was a memo from Animal Control Officer Connie
02-16-99
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Lien, dated January 7, 1999, along with a copy of the minutes from the meeting of June 2,
1997.
Animal Control Officer Lien stated that a few years ago, probably the most serious dog
bite incident in this community involved a dog from this residence. She noted that at the June
2, 1997, Commission meeting, the Commission voted to no longer allow a kennel to operate
at this address. She indicated, however, that due to personal problems at this time last year,
she missed the application for renewal of the kennel license, and she is now requesting that
. the Commission once again act to not allow a kennel at this address.
Responding to Mrs. Grace Yost, City Manager Clark Johnson stated that under this
agenda item, Animal Control Officer Lien is attempting to enforce the Commission action of
two years ago.
Mrs. Grace Yost, applicant, stated she has three dogs at the present time and asked if
she will be required to have one of them killed, like she did with Bullet when this issue was
previously before the Commission.
Commissioner Rudberg stated it is not necessary to kill any of the dogs; rather, it is a
matter of moving one of them from this property to another location. She then indicated that
she has concerns about allowing even two dogs to remain at this site, but she recognizes that
is not the issue before the Commission at this time.
Responding to City Attorney Luwe, the Animal Control Officer confirmed that there is
still no fencing around the yard.
Responding to Commissioner Rudberg, the City Attorney stated that if other infractions
occur at this site after the number of animals has been reduced, the Animal Control Officer can
address them under existing code requirements.
. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
kennel license for 705 North Grand Avenue be revoked and that the number of animals on this
property be reduced accordingly. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor
Pro Tempore Youngman; those voting No, none.
Staff reauest for revocation of Kennel License issue to Ellyn MurphY. 506 North Bozeman
Avenue
Include9 in the Commissioners' packets was a memo from Animal Control Officer Connie
Lien, dated January 8, 1999, along with a copy of the minutes from the meeting of December
2, 1996.
City Attorney Luwe noted that Ms. Murphy's attorney has requested that this item be
continued to give her an opportunity to review the information submitted to the Commission
by staff. He then asked that the Commission continue this item to a date specific.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that
consideration of this requested kennel license revocation be continued to March 1, in response
to the applicant's request. The motion carried by the following Aye and No vote: those voting
. Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Pro
Tempore Youngman; those voting No, none.
Staff reauest for revocation of Kennel License issued to AI Gadoury. 305 West Lamme Street
Included in the Commissioners' packets was a memo from Animal Control Officer Connie
Lien, dated January 13, 1999.
02-16-99
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Animal Control Officer Lien read into the record a letter from Ms. Cleo Butler, 209 North
Third Avenue, since she is unable to attend this meeting due to illness. In her letter, Ms. Butler
noted that, since July 1994, she has had a problem with Mr. Gadoury's three dogs defecating
in his back yard, which is adjacent to hers, particularly in the summer when the stench drifts
into her yard. She indicated that she generally has no other problems with Mr. Gadoury's
kennel, but would like to enjoy her own back yard in the summer.
In her letter, Ms. Butler suggested that enforceable stipulations be attached to renewal
. of this kennel license, to ensure that she can enjoy her yard, which is small and in close
proximity to the subject property. She noted that this could be accomplished by simply
requiring Mr. Gadoury to immediately clean up any piles which his dogs leave.
Animal Control Officer Lien confirmed that every summer since 1994, she has received
the same complaint and has contacted Mr. Gadoury about the problem. She noted that Mr.
Gadoury has always been cooperative, and questioned why she must contact him every year.
She indicated that, because of the continual problem, she decided the most appropriate way
to address this year's request for renewal was to submit it to the Commission.
Responding to Mayor Pro Tempore Youngman, the Animal Control Officer indicated that
renewal of this application with conditions to address the odor problems would be appropriate.
She recognized that these dogs are part of Mr. Gadoury's guiding business, making denial of
the kennel license very difficult.
City Attorney Luwe noted it is now winter and the complaint is based on summer
activities. He suggested that, if the Commission chooses not to deny the kennel license at this
time, it can be brought back this summer when a more relevant complaint has been filed.
Mr. Gadoury stated he has had a kennel license for several years. He indicated that he
cleans his yard daily and sometimes more often. He also noted that he has not had problems
. with any other neighbors.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
staff request for revocation of the kennel license issued to AI Gadoury, 305 West Lamme
Street, be denied. 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.
Adjournment - 9:00 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 Pro Tempore
Youngman; those voting No, none.
M~:~r Pro Tempore
ATTEST:
. Vd,: 0/ d~~
ROBIN L. suwvAN-'-
Clerk of theifo~issiDn
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02-16-99