HomeMy WebLinkAbout1998-10-19 Minutes, City Commission
- ---
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 19, 1998
*****************************
. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, Monday, October 19, 1998, at 3:00 p.m. Present were Mayor Stiff,
Commissioner Smiley, Commissioner Frost, Commissioner Youngman, City Manager Johnson,
Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
Commissioner Rudberg was absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Authorize absence of Commissioner Rudberg from this meeting in comDliance with Section
7.3-4322(2), M.C.A.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
. absence of Commissioner Rudberg 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 Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
Minutes - June 1. 1998. June 15. 1998, June 29.1998. SeDtember 8. 1998. October 5. 1998
and October 12. 1998
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
minutes of the meetings of October 5 and October 12, 1998, be approved as submitted. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
. Mayor Stiff deferred action on the minutes of the meetings of June 1, June 15, June
29 and September 8 to a later date.
10-1 9-98
~,
- 2 -
Reauest for modifications to creviouslv accroved creliminarv clat for Willowbrook Condominium
Subdivision {to create 85 condominium units in ten chases on 19.09 acresL to modify
conditions to allow for continued construction of units prior to the comcletion of West Beall
Street and North 25th Avenue (P-9510A)
This was the time and place set for the continued consideration of a request for
modifications to the previously approved preliminary plat for Willowbrook Condominium
. Subdivision, as requested by Ken LeClair under Application No. P-951 OA, to modify Condition
Nos. 6 and 19 to allow for continued construction of dwelling units prior to completion of
improvements to West Beall Street and North 25th Avenue.
Included in the Commissioners' packets was a memo from Planning Director Andy Epple,
dated October 12, in which he forwarded proposed revisions to Condition No. 16.
Planning Director Epple noted that the requested modifications have been discussed
extensively at several agenda meetings over the past month. He then reminded the
Commission that under this requested modification, Condition Nos. 4 and 16 for the original
approval of Willowbrook Condominium Subdivision would be amended and Condition No. 28
would be added to allow the continued construction of dwelling units in Willowbrook, with the
. improvements to West Beall Street and North 25th Avenue being installed prior to the
construction of any of the dwelling units in Phase X. He then forwarded staff's
recommendation that the Commission approve the request, using Condition Nos. 4 and 28 from
the Planning Board resolution and Condition No. 16 from his memo dated October 12.
Ms. Holly Brown, attorney representing applicant, noted that this request was discussed
extensively at the Planning Board meeting held on September 15. She then stated the
applicant is willing to accept the conditions, either as recommended by the Planning Board or
as recommended by staff.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the request for modification of the conditions for the previously approved
preliminary plat for Willowbrook Condominium Subdivision, as requested by Ken LeClair under
. Application No. P-9510A, to allow for continued construction of dwelling units prior to
completion of improvements to West Beall Street and North 25th Avenue, by amending
Condition Nos. 4 and 16 and adding Condition No. 28 to read as follows:
4. The developer shall design and construct West Beall Street to a City-
standard from the existing improved end of West Beall Street to connect
with the existing North 25th Avenue presently traveled way. The
developer shall be responsible for the costs of one-half of a City standard
10-1 9-98
-.-.--..-----.------- ..-. -...-....---....-
- 3 -
street consisting of 16% feet of pavement, curb, gutter, storm drainage
appurtenances and sidewalk adjacent to this property from the existing
improved end of West Beall Street to the centerline of North 25th
Avenue. The cost of design and construction shall be included in the SID
and/or RID, if these options are selected. An SID for the financing of the
required improvements has been created, however in the event that for
unforeseen reasons the street is not constructed through the SID,
. construction of West Beall Street shall be completed prior to issuance of
building permits for Phase X.
16. The developer shall design and construct North 25th Avenue from the
existing improved edge of Durston Road to West Beall Street. The
improvements constructed shall be a minimum of one~half a City
standard street, i.e., 16 % feet of pavement, curb, gutter, storm drainage
appurtenances, sidewalk and "No Parking" signs adjacent to this
property, plus 7 % feet of additional paving for an opposing lane. Said
paving improvements may incorporate, to the maximum extent possible,
existing paving in that portion of North 25th Avenue lying north of West
Villard Street. These improvements must be complete prior to issuance
of building permits for Phase X. A waiver of right to protest the creation
of an SID and/or RID shall be signed for all North 25th Avenue street
improvements, for possible utilization in the event the developer does not
proceed beyond Phase IX of the Willowbrook development. However,
any SID and/or RID waiver shall specify that the extent of the
developer's participation shall be limited to one-half a local street
standard, and that no SID and/or RID participation will be necessary if
the improvements described above have already been made to North
25th Avenue by the developer. The cost of design and construction shall
be included in the SID and/or RID if these options are selected.
. 28. The applicant shall agree in writing to keep that portion of West Beall
Street free of snow from its intersection with the private internal street
near the southeast corner of the Willowbrook development east to North
23rd Avenue, on an interim basis, until West Beall Street improvements
are completed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Smiley, Commissioner Frost and Mayor Stiff; those voting No, none.
Conditional Use Permit - Mt. Rusmon L.L.C. - to allow Fuddrucker's Restaurant, located on
Parcel A-2, Main Mall ShoDDing Center, to serve alcoholic beveraaes (Z-98143)
This was the time and place set for consideration of the Conditional Use Permit
requested by Mt. Rusmon L.L.C., under Application No. Z-98143, to allow Fuddrucker's
Restaurant, located on Parcel A-2, Main Mall Shopping Center, to serve alcoholic beverages.
. Planning Director Epple submitted the staff report on behalf of Associate Planner
Sherman. He stated that under this application, Fuddrucker's Restaurant will be allowed to
serve beer and wine in its new restaurant on an out-parcel at the Main Mall.
The Planning Director stated that staff has reviewed this application in light of the six
criteria set forth in the Bozeman Municipal Code, and the staff's comprehensive findings are
10-1 9-98
..-.-.-..--
- 4 -
contained in the written staff report. He noted that, following its pUblic hearing and
consideration of those criteria and the staff findings, the Planning Board concurred in staff's
recommendation for approval, subject to seven conditions.
Mr. Morris Klare, applicant, indicated a willingness to respond to questions.
. It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
Commission approve the Conditional Use Permit requested by Mt. Rusmon L.L.C., under
Application No. Z-98143, to allow Fuddrucker's Restaurant, located on Parcel A-2, Main Mall
Shopping Center, to serve alcoholic beverages, subject to the following conditions:
1 . A copy of the Montana Department of Revenue Liquor License to serve
alcoholic beverages at the Fuddrucker's restaurant shall be submitted to
the Planning Office prior to the sale of alcoholic beverages at the
restaurant.
2. The applicant shall apply for and receive a City of Bozeman Liquor
License, and provide the Planning Department with a copy prior to the
sale of alcoholic beverages.
3. Any new signage associated with this use shall comply with the
Bozeman Area Sign code.
4. The right to a use and occupancy permit shall be contingent upon the
. fulfillment of all general and special conditions imposed by the conditional
use permit procedure.
5. All of the special conditions shall constitute restrictions running with the
land, shall be binding upon the owner of the land, his successors or
assigns, and shall be recorded as such with the Gallatin County Clerk and
Recorder's Office by the property owner prior to any commencement of
the use.
6. All of the conditions specifically stated under any conditional use listed
in this title shall apply and be adhered to by the owner of the land,
successor or assigns.
7. All of the conditions attached to this conditional use permit shall be
consented to in writing by the applicant prior to the commencement of
the use.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none.
. Preliminarv Dlat review for Allison Subdivision. Phase I - David Jarrett for Bon Ton. Inc. - further
subdivide 112.21 acres to create 5 sinale-familv lots and a remainder on a Dortion of cas No.
252 and a remainder from Minor Subdivision No. 84 (Arnold Street. north of Morning Star
School) (P-9845)
This was the time and place set for review of the preliminary plat for Allison Subdivision,
Phase I, as requested by David Jarrett for Bon Ton, Inc., under Application No. P-9845, to
10-19-98
- .-...--
w 5 -
further subdivide 112.21 acres to create five single-family lots and a remainder parcel on a
portion of Certificate of Survey No. 252 and a remainder from Minor Subdivision No. 84. The
subject property is located at Arnold Street, north of Morning Star School.
Associate Planner Jody Olsen presented staff report. She stated that the five new
. residential lots to be created under this preliminary plat are to be accessed from a new cul.de-
sac street dedicated to the public. She noted the land use designation on the subject property
is urban residential infill; the property is zoned "R-2", Residential--Single-family, Medium-
density; and this proposal complies with both the master plan and the zone code. She then
characterized this application as the first phase of a larger subdivision proposal, so a conceptual
master plan for the entire subdivision has been required and provided in conjunction with this
application. She then stated that a minor subdivision to create a tract of record for the Morning
Star School was approved in 1990. Since this is the second tract of record, an environmental
impact statement is required in conjunction with this minor subdivision, and the applicant has
provided a portion of the information and requested a waiver of the remaining requirements.
She noted that, following consideration of this application, the Planning Board granted the
. waiver.
The Associate Planner stated that the City-County Planning Board conducted the public
hearing on this preliminary plat at its October 6 meeting. She noted that at that hearing,
several members of the public expressed concerns about a variety of issues, including the
wetlands, the high water table, fill on the site, the impacts of the proposed drainage pond on
nearby wetlands, traffic, and the safety of the students at Morning Star School. Following the
public hearing and consideration of the staff's comprehensive findings, as contained in the
written staff report, the Planning Board concurred with staff's recommendation for approval,
subject to 29 conditions.
The Associate Planner distributed a memo dated October 19, in which she addressed
several of the concerns raised by Commissioners at last week's agenda meeting and
. subsequent to that meeting. She noted that the highest water table is typically encountered
in April and May each year, and suggested that Condition No. 18 could be revised to specify
that the groundwater monitoring be conducted during those months. She also noted that some
concern was voiced about the project disrupting the flow of groundwater to and from nearby
wetlands and suggested that Condition No. 18 be further amended by adding a sentence to
10-19-98
-... --.---.--.--.--- -----..-.-..- .-.
- 6 -
require that the impacts of this project on the hydrologic systems of those wetlands be
evaluated. She then suggested that changes be made to Condition Nos. 17 and 18 to address
the concerns that have been expressed about the impacts of high groundwater on the
installation of basements. She stated the final concern pertains to the noise of equipment
. during development of the site, and proposed that the same condition be added to this
subdivision that was added to the approvals of Harvest Creek Subdivision and Sundance
Springs Subdivision, Phase II.
Mr. David Jarrett, applicant, indicated concurrence with the staff findings and general
agreement with the 29 conditions recommended by the City-County Planning Board. He
stressed that they do not plan to construct in any floodplains, and none of the lots are to touch
the wetland areas. He then distributed copies of a letter dated August 26, in which the
Department of the Army noted that the "delineation is acceptable as mapped on map provided"
for this subdivision. He expressed concern with the proposed condition regarding groundwater
monitoring, particularly if the monitoring is to be completed prior to the installation of
infrastructure. He indicated that they wish to install the water and sewer mains and prepare
. the road bed this winter when the water table is low, to minimize impacts on the area and the
neighborhood. He noted a willingness to delay the construction of any structures on the lots
until after the monitoring has been done in April and May. He noted that much of the high
groundwater in this area is due to the sod farm to the south, which uses a substantial amount
of irrigation water.
Responding to Commissioner Youngman, Mr. Jarrett estimated the groundwater level
at two to three below the natural contour of the land and four to five feet below the surface
with the additional fill. He then indicated he has no problem with the proposed notes on the
final plat regarding the installation of basements within this subdivision.
Commissioner Youngman stated she feels it would be appropriate to allow the
installation of infrastructure prior to completion of the groundwater monitoring because the
. results relate to the plat note regarding basements.
In response to concerns raised by Mayor Stiff, City Attorney Luwe stated that under the
conditions as proposed, the preliminary plat is approved and the results of the groundwater
monitoring in April and May will not negate the approval.
10-19-98
- 7 -
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the preliminary plat for Allison Subdivision, Phase I, as requested by David
Jarrett for Bon Ton, Inc., under Application No. P-9845, to further subdivide 112.21 acres to
create five single-family lots and a remainder parcel on a portion of Certificate of Survey No.
. 252 and a remainder from Minor Subdivision No. 84, 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 covenants, 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, and all required and corrected certificates. Two cloth back (or
equivalent) and mylar (or equivalent) copies of the final plat must be
submitted for final plat approval, along with a digital copy of the final
plat, on a double sided, high-density 3 %-inch floppy disk.
2. The Montana Fish, Wildlife and Parks; Natural Resources Conservation
Service; Montana Department of Health and Environmental Sciences; and
the Army Corps of Engineers shall be contacted regarding the proposed
project and any required permits. Any permits required by other agencies
having jurisdiction (i.e. 310, 404, Turbidity exemption, etc.) shall be
obtained by the applicant and copies provided to the Planning Office prior
to approval of the related plans and specifications or construction of the
. intended work.
Prior to commencement of any work on the site, the developer shall
provide the Planning Office with a copy of a Section 404 permit from the
Army Corps of Engineers, or shall provide written notification that a 404
permit is not needed.
3. On the final plat, the lots shall be re-numbered so that the lots proposed
along Morning Star Way are Lots 1 through 5, and the remainder shall be
labeled as such.
4. On the final plat, Lots 2 and 6 are corner lots and shall be of a sufficient
width to provide a twenty-five (25) foot front yard setback along
Morning Star Way and a twenty-five (25) foot corner side yard setback
along Arnold Street.
5. The final plat shall show appropriate pUblic utility easements (PUEs). The
PUEs shall be centered along side and rear lot lines whenever possible
and, if placed in the street or road, shall be located in a location required
by and agreed upon in writing by all the appropriate utility companies and
the City of Bozeman.
. Rear and side yard utility easements shall be twenty (20) feet wide,
centered on lot lines and front yard utility easements shall be twelve (12)
feet wide, except the appropriate governing body may require easements
for sanitary sewer, storm sewer, and water lines to be thirty (30) feet
wide. 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 only are adequate.
10-19-98
- 8 -
6. The final plat shall contain the appropriate right of access statement.
7. A drainage easement shall be provided on the remainder tract for the
improved drainage pond.
8. If the site contains fill in excess of twelve (12) inches, a compaction
report shall be prepared by a professional engineer (PE) who is registered
in the State of Montana. This report shall satisfy building code and
. Building Department requirements, and shall be submitted to the Chief
Building Official for review and approval prior to issuance of any building
permits for this subdivision.
9. The full extent of the floodplain on the subject property shall be surveyed
and shown on the
plans and specifications for
infrastructure
improvements. If any part of proposed Lots 2 through 6 lie within the
1 DO-year floodplain, the final plat shall contain a note that appropriate
floodplain development permits must
be obtained from the City
Engineer's Office prior to construction of any new structures.
10. Prior to final plat approval, the applicant shall sign and file with the final
subdivision plat, a waiver of right to protest the creation of a city-wide
park maintenance district(s).
11 . Prior to final plat
approval, the developer shall ensure that
all
construction and other debris is removed from the subdivision.
12. The proposed cul-de-sac shall be signed "No Parking" with signs that
comply with the Manual of Uniform Traffic Control Devices (MUTCD)
standards and are approved by the City Sign Department. The sign(s)
. shall be installed or financially guaranteed prior to final plat approval.
13. On the final plat, a one foot "No Access" strip shall be provided between
proposed Lots 2 and 6 and Arnold Street to prevent direct access to
these lots from Arnold Street.
14. Prior to final plat approval, street and stop signs shall be placed at the
intersection of Morning Star Way and Arnold Street as part of the
required improvements. The street signs shall conform with the
standards outlined in the Bozeman Area Subdivision Regulations.
15. The final plat shall contain the correct certificate language as found in
the Bozeman Area Subdivision Regulations.
16. Prior to final plat approval, the developer shall have the name of the
proposed street reviewed and approved by the City Engineer and the
County Road Office to ensure that is does not duplicate the name of
another existing street in the Bozeman area.
17. 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 (PE) shall be
. provided to and approved by the City Engineer. Water and sewer plans
shall also be approved by the Montana Department of Environmental
Ouality (DEO). 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.
10-19R98
. -. --.--------.-..-.---...
- 9 -
The engineer shall provide a pavement design report which shall include
a detailed soils analysis specifically assessing recent fill placed on the
site. A geotechnical investigation report shall be prepared for the entire
site (future roadways, building lots and drainage pond area) by a
professional engineer registered in the State of Montana shall be
submitted and approved by the City Engineer. The report must include
an analysis of the on-site and future public right-of-way soil conditions,
. special grading recommendations, bearing capacities, groundwater depth
and a street section design for any public streets. The report must
incorporate the findings of an independent on-site soils investigation and
groundwater monitoring investigation. The report shall also evaluate the
off-site impact(s) of the water table upon adjacent properties caused by
this project's impact on the water table. Finally, the report shall evaluate
the impacts this project will have on the hydrologic system(s) of nearby
wetlands.
If the groundwater depth analysis/groundwater monitoring for the
geotechnical investigation does not occur during the months of April and
May, then groundwater depth analysis/groundwater monitoring shall be
repeated during April/May and prior to the issuance of building permits
for any new structures.
18. Based on the depth of groundwater evaluation required above, if the
groundwater table is found to be extremely high, the final plat shall
contain a note with the following language: "Due to the extremely high
groundwater table in the area, basements are not recommended. If
basements are proposed, only daylight basements may be constructed
after consulting a professional engineer." If the groundwater table is
found to be of an average depth for the area, the final plat shall contain
. a note with the following language: "Due to relatively high groundwater
table within the area of the subdivision, it is not recommended that full
basements be constructed without
first consulting a professional
engineer. "
19. 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 prior to completion and acceptance of the
public infrastructure improvements.
20. 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 and
private property must be provided to and approved by the City Engineer.
The plan must 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 grading
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.
10-1 9-98
- .----.-- -. .---.-...----.--
- 10 -
A Homeowners' Association shall be created to provide maintenance in
accordance with the maintenance plan. Its further recommended that
implementation of the plan be included in the covenants and therefore a
condition of plat approval.
21. The proposed water main in Morning Star Way shall be a minimum of an
8 inch water main.
. 22. The sewer main shall be extended to the west orooerty boundarv of this
proposed minor subdivision or as approved by the City Engineer.
23. The developer's engineer shall prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities. The report
must include hydraulic evaluations of each utility for both existing and
post-development demands. The report findings must demonstrate
adequate capacity to serve the full development. If adequate water
and/or sewer capacity is not available for development, the report must
identify necessary water system and sewer system improvements
required for full development. The necessary system improvements to
serve the full development shall be completed or financially guaranteed
prior to filing the final plat. Building permits mav not be issued until the
necessary system improvements are completed.
24. For safety, maintenance and emergency access reasons, Arnold Street
shall be improved from the east side of proposed Lot 2 to the west side
of proposed Lot 6. The developer shall design a City street section, Le,
60 foot right-of-way, 37 foot back of curb to back of curb, 5}2 foot
boulevard on both the north and south side, and 5 foot sidewalk on both
the north and south side.
. However, concrete curb and gutter, 5% foot boulevard, and a 5 foot
sidewalk shall be installed along the north street frontage of Arnold
Street. The asphalt paving width shall be a minimum of 28 % feet from
the inside of the north curb to the edge of asphalt on the south side of
the street.
If the applicant chooses to install curb and gutter on the south street
frontage of Arnold Street, a standard City street section, i.e., 60 foot
right-of-way, 37 foot back of curb to back of curb, 5 % foot boulevard,
and 5 foot sidewalk, shall be installed.
25. City standard sidewalks shall be installed and properly depicted at the
standard location (i.e., 1 foot off property line) along Morning Star Way
and the north side of the improved Arnold Street street frontages. Any
deviation to the standard alignment or location must be approved by the
City Engineer. These improvements shall be completed prior to plat
approval or secured by an improvement agreement and financial
guarantee.
26. A street cut permit must be obtained from the City for locations of water
and sewer mains within the public right-of-way.
. 27. If construction activities related to the project result in the disturbance
of more that 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 applicant to determine
if a Storm Water Discharge Permit is necessary. If required by the DEQ,
an erosion/sediment control plan shall be prepared for disturbed areas of
5 acres or less if the point of discharge is less than 100 feet from State
waters.
10-19-98
----------.-- .n..___n
u___
- .--....--------.-..- . ---.--
- 11 -
28. Prior to final plat approval, the developer shall verify the location of the
proposed public trail system through the remaining Allison Subdivision
property. The developer shall provide a conceptual master plan of the
entire property, depicting the location of the trail system.
29. Any property owners' association documents and covenants shall be
submitted to the City Attorney for review and approval, and shall be
signed and notarized prior to final plat approval.
. 30. During development of the subject property, mechanical or electrical
devices 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.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
Preliminarv Dlat for Rose Park Subdivision - SDringer Graue for Rose Park Holdings L.L.C. -
subdivide Lot 4. Annie Subdivision. Phase II. into 24 lots for multi-family residential
develoDment (southeast corner of intersection of West Oak Street and North 25th Avenue
extended) (P-9843)
This was the time and place set for review of the preliminary plat for Rose Park
. Subdivision, as requested by Springer Group on behalf of Rose Park Holdings L.L.C., under
Application No. P-9843, to subdivide a 9.64-acre parcel described as Lot 4, Annie Subdivision,
Phase II, into 24 lots for multi-family residential development. The subject property is more
commonly located at the southeast corner of the intersection of West Oak Street and North
25th Avenue extended.
City Manager Johnson noted that Mr. Springer has submitted a letter, dated October
19, requesting that this item be continued to November 2, when a full Commission is present.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission continue review of the preliminary plat for Rose Park Subdivision to November 2,
as requested by Mr. Lowell Springer on behalf of the applicant. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
. Smiley, Commissioner Frost and Mayor Stiff; those voting No, none.
10-19-98
.. -- . --.. -.-
..___._._n_ _
- 12 -
Ordinance No. 1478 - amendina Sections 8.16.010. 8.16.020. 8.16.030. 8.16.050 and
8.16.060 of the Bozeman MuniciDal code to establish reaulations for an automated solid waste
collection system and the settina of fees for such service and to Drohibit the dumDing of
wastes at recvcling receDtacles
Previously distributed in the Commissioners' packets was a copy of Ordinance No.
1478, as approved by the City Attorney, entitled:
. ORDINANCE NO. 1478
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTIONS 8.16.010, 8.16.020, 8.16.030, 8.16.050 AND
8.16.060, OF SAID CODE, AMENDING THE SOLID WASTE REGULATIONS TO
PROVIDE FOR THE AUTOMATED SOLID WASTE COLLECTION SYSTEM AND
THE SETTING OF FEES FOR SUCH SERVICE, AND FOR A PROHIBITION
AGAINST DUMPING OF WASTE AT RECYCLING RECEPTACLES.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that
Ordinance No. 1478, establishing regulations for an automated solid waste collection system
and setting the fees therefor, and prohibiting the dumping of wastes at recycling receptacles,
be finally adopted. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
. those voting No, none.
Ordinance No. 1479 - amending various sections of Chapter 18.04 and adding ChaDter 18.57
to the Bozeman MuniciDal Code to Drovide for the reaulation and sitina of telecommunications
towers
Previously distributed in the Commissioners' packets was a copy of Ordinance No.
1479, as approved by the City Attorney, entitled:
ORDINANCE NO. 1479
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION 18.04.650, BY ADDING SECTIONS 18.04.105,
18.04.655, 18.04.665, 18.04.885, 18.04.1465, 18.04.1485,
AND
18.04.1605, AND BY ADDING CHAPTER 18.57 TO PROVIDE FOR THE
REGULATION OF TELECOMMUNICATIONS TOWERS.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
. Ordinance No. 1479, providing for the regulation and siting of telecommunications towers, be
finally adopted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those
voting No, none.
10-19-98
. 13 -
Ordinance No. 1480 - amendina Sections 18.56.010 and 18.56.030 of the Bozeman MuniciDal
Code. Droviding for revisions to the membershio and oowers and duties of the Board of
Adjustment
Previously distributed in the Commissioners' packets was a copy of Ordinance No.
1480, as approved by the City Attorney, entitled:
. ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY AMENDING SECTIONS 18.56.010 AND 18.56.030; PROVIDING FOR
REVISIONS TO THE MEMBERSHIP AND POWERS AND DUTIES OF THE BOARD
OF ADJUSTMENT.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
Ordinance No. 1480, revising the membership and powers and duties of the Board of
Adjustment, be finally adopted. The motion failed by the following Aye and No vote: those
voting Aye being Commissioner Smiley and Mayor Stiff; those voting No being Commissioner
Youngman and Commissioner Frost.
Mayor Stiff asked that this ordinance be placed on the October 26 special meeting
agenda for action.
. Commissioner Frost stated he does not want to load the special meeting agenda and
requested that this ordinance be placed on the agenda for the November 2 regular meeting.
Following discussion, a majority of the Commissioners agreed that this ordinance should
be placed on the October 26 agenda for action.
Ordinance No. 1481 - amendina Section 10.32.410 of the Bozeman MuniciDal Code. orovidina
for adiustments in fines for oarkina in desianated fire lanes
Included in the Commissioners' packets was a copy of Ordinance No. 1481, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1481
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
. BY REVISING SECTION 10.32.410 OF SAID CODE, AS AMENDED BY
ORDINANCE NO. 1469, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED;
PROVIDING FOR ADJUSTMENTS IN FINES FOR PARKING IN DESIGNATED FIRE
LANES.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that
Ordinance No. 1481, adjusting the fines for parking in designated fire lanes, be provisionally
adopted and that it be brought back in two weeks for final adoption. The motion carried by
10-19-98
-. .- --- .----.- ----.. ..--..---- --.--. .--... --.....-..-.- ,,-
- 14 -
the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner
Frost, Commissioner Youngman and Mayor Stiff; those voting No, none.
Discussion - Commissioner proiects
. Commissioner Smiley suggested that the departments forwarding information for
inclusion in the packets be required to submit the appropriate number of copies, rather than
requiring the Clerk of the Commission's office to make the copies.
City Manager Johnson responded that some of the City's department heads do not have
any clerical staff to make the copies, and he feels it would be inappropriate to require the
department heads to do so. He then stated that, with the amount of time that the current
copier is down and the fact that the maintenanc contract is due for renewal, staff will be
pursuing the possibility of purchasing a new copier with the latest technology, which will be
of benefit to everyone on the computer network system.
Commissioner Smiley encouraged staff to move as quickly as possible with acquiring
a copier with the new technology, recognizing that will address the concern she has raised.
.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
( 1 ) Invitation to attend the groundbreaking ceremonies for the new Chamber of
Commerce building, to be held at 4:30 p.m. on Tuesday, October 20.
(2) Agenda for the Transportation Advisory Committee meeting scheduled for 9:00
a.m. on Thursday, October 22, at the Reach office.
(3) Notice of the public hearing on the Glacier National Park draft general mangement
plan scheduled for 6:30 p.m. on Tuesday, October 20, at the GranTree.
(4) Agenda for the Development Review Committee meeting to be held at 10:00
. a.m. on Tuesday, October 20, in the Commission Room.
(5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, October 20, in the Commission Room.
(6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
October 20, at the Courthouse.
10-19.98
- 15 -
(7) City Manager Johnson submitted his weekly report, as follows. (1) Stated that
staff is encountering the pangs of switching to new software this week, noting that the system
is running fairly slowly as 110 users a day have hit the system. He noted that adjustments are
being made and what now appears to be a cumbersome system will result in some real
. advantages in the future. (2) Attended the City-County Health Board meeting for Commissioner
Rudberg. He cautioned that, if a Commissioner wishes to have a replacement serve on one of
the more formal boards, it is imperative that the appropriate proxy be completed. (3) Indicated
he continues to look for alternatives for hockey and an ice skating rink. (4) Stated he will be
seeking input regarding the possibility of locating a school bus barn on City property.
(5) Stated that on October 26, Commissioner Rudberg must leave the Commission meeting at
4:00 p.m. to attend a City-County Health Board meeting, so the special meeting will be held
at 3:00 p.m., with the work session and agenda meeting to follow. He then indicated that one
of the work session items will be preparation of the legislative issues to be forwarded at the
joint meeting on October 29. (6) Noted that the information on the agenda has been expanded
to include identification of the steps to be followed for each agenda item. He stated this
. information is designed to assist both the staff and the public. He then noted that under this
expanded information, the public is to be given an opportunity to remove any items from the
Consent Items prior to the motion and vote.
(8) Assistant City Manager Brey submitted the following. (1) Attended the
Transportation Coordinating Committee meeting last week, at which time steps were taken to
move the transportation plan update forward and use of urban funds to partially fund the
installation of a signal at the intersection of North 19th Avenue and West Oak Street was
reaffirmed. He then stressed his appreciation for the cooperative Highway Department office
in Bozeman. (2) Stated that he and Impact Fee Coordinator Saunders met with hospital
administrators regarding the capital improvement program and transportation issues.
(9) City Attorney Luwe submitted the following. (1) Stated that he and City
. Manager Johnson participated in a day of interviews for a new 9-1-1 director. (2) Stated that
he has prepared contracts for the public defenders, and those contracts will be placed on an
upcoming agenda for ratification of the City Manager's signature.
(10) Commissioner Frost stated he is concerned about some of the comments
contained in the Board of Adjustment meeting minutes.
10-19-98
- 16 -
(11 ) Commissioner Youngman stated that, in addition to the normal meetings, she
gave the welcome at a girl scouts sports event.
( 12) Commissioner Youngman suggested that, prior to the next election, the City
Attorney prepare a statement regarding what staff, board members and the Commissioners may
. and may not appropriately do during the campaigning process.
City Attorney Luwe stated that when he read the State statutes, they were not very
clear in some of the areas; and he has taken the most conservative approach. He then
suggested that it may be appropriate to seek an opinion from either the Attorney General or the
Commissioner on Political Practices.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Acknowledae receiDt of Detition to discontinue street - Dortion of West Beall
Street from the west side of 10th Avenue to the east side of the alley
between North 1 Oth and 11 th Avenues: refer to staff
Cancellation of Commission work session meeting to be held on November 23,
1998
. -
Authorize staff to Droceed with weeklv Davment of claims. as DroDosed in
Administrative Service Director Gamradt's memo dated SeDtember 15.
.:ul9.8.
Proclamation - "Red Ribbon Week" - October 23-21. 1998
Commission Resolution No. 3267 - intent to imDlement a 7-Dercent increase in
water base rates: set Dublic hearina for Novembe 16. 1998
COMMISSION RESOLUTION NO. 3267
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SEVEN
PERCENT (7.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS
OF THE MUNICIPAL WATER SYSTEM.
Commission Resolution No. 3268 - intent to imDlement a 28-Dercent increase
in sewer base rates: set Dublic hearina for November 16. 1998
COMMISSION RESOLUTION NO. 3268
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED
TWENTY-EIGHT PERCENT (28.0%) INCREASE IN THE WASTEWATER (SEWER)
BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER
(SEWER) SYSTEM.
Authorize Mayor to sign - Findings of Fact and Order - Dreliminarv Dlat for The
Gallatin Center (subdivide 142 + acres known as Tract C-1A. Certificate
of Survey No. 1979, and Tracts C-2. D-1 and D-2. Certificate of Survey
10-19-98
..--.-...-----
- 17 -
No. 1827. into 27 lots for commercial/industrial/business Dark uses)
(P-9834)
Authorize submittal of aDDlications for CTEP monies for downtown historic
liahtina. imDrovements to Rose Park. and sidewalk construction at
Langohr Park and Christie Fields: authorize Commissioners to sign
aDDlications
. Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Smiley and Mayor Stiff; those voting No, none.
Recess - 3:58 D.m.
Mayor Stiff declared a recess at 3:58 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
. Reconvene - 7:00 D.m.
Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Continued DubUc hearina - 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 Murga. 131-B 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.D., 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 requesting that
this public hearing be continued to give time to respond to questions raised regarding the
Alderson Place Condominiums project.
1 0-1 9-98
---.--------....--- ....-..
- 18 -
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
public hearing be continued to December 7, to give staff time to respond to questions raised
regarding the Alderson Place Condominiums project. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley,
. Commissioner Frost and Mayor Stiff; those voting No, none.
Public hearing - COA with deviation from Section 18.50.160. Bozeman MuniciDal Code. to
allow addition on existing non-conformina structure which encroaches 6 feet into reauired 25-
foot front yard setback on Lots 22-24. Block 9. Butte Addition - Dwight C. and Marian H.
Minton for 120 West Cleveland Street (Z-98165)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviation from Section 18.50.160 of the Bozeman Municipal Code, as
requested by Dwight C. and Marian H. Minton under Application No. Z-98165, to allow the
construction of an addition on an existing non-conforming structure which encroaches 6 feet
into the required 25-foot front yard setback on Lots 22 through 24, Block 9, Butte Addition.
The subject property is more commonly known as 120 West Cleveland Street.
. Mayor Stiff opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
under this application, a 16-foot by 3-foot kitchen addition is to be constructed on the south
side of the house. He noted that staff has reviewed this application in light of the criteria set
forth in the zone code, and the staff's comprehensive findings are contained in the written staff
report. He indicated that staff is very supportive of the project and recommends approval
subject to the two boilerplate conditions.
Ms. Linda Bell, representing the applicant, indicated a willingness to answer questions.
No one was present to speak in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
. Commission approve the Certificate of Appropriateness with deviation from Section t B. 50. t 60
of the Bozeman Municipal Code, as requested by Dwight C. and Marian H. Minton under
Application No. 2-98165, to allow the construction of an addition on an existing non-
conforming structure which encroaches 6 feet into the required 25-foot front yard setback on
Lots 22 through 24, Block 9, Butte Addition, subject to the following conditions:
10-19-98
- 19 -
1. The applicant shall obtain a building permit within one year of Certificate
of Appropriateness approval or this approval shall become null and void.
2. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications,
. as required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none.
Public hearina - Variance from Section 18.50.120.F.. Bozeman MuniciDal Code. to allow for
reduction in reauired Darkina SDaces for a two-family dwelling on Lot 1. Block 14. Normandv
Rearranaement of Blocks 11-14. inclusive. and 19-22. inclusive. West Side Addition. from four
on-site SDaces to two on-site SDaces - Gerry and Ella Hiaains. 503 South 13th Avenue
(C-9811)
This was the time and place set for the public hearing on the variance from Section
18.50.120.F. of the Bozeman Municipal Code, as requested by Gerry and Ella Higgins under
Application No. C-9811, to allow for a reduction in the number of required parking spaces for
a two-family dwelling on Lot 1, Block 14, Normandy Rearrangement of Blocks 11 through 14/
. inclusive, and Blocks 19 through 22, inclusive, West Side Addition, from four to two on-site
spaces. The subject property is more commonly known as 503 South 13th Avenue.
Mayor Stiff opened the public hearing.
Included in the Commissioners' packets was a letter from the applicants requesting that
this public hearing be continued to November 2, when a full Commission is present.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
public hearing be continued to November 2, until a full Commission is present, per the
applicant's request. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff;
those voting No, none.
. Public hearina - Variance from Section 18.50.030.D.1.. Bozeman MuniciDal Code. to allow
construction of a 5.012-sauare-foot convenience store with gasoline service and car wash on
artificial lot in Tract C. COS No. 1240E. Drior to installation and utilization of central water and
sanitary sewer systems (northwest corner of Durston Road and North 19th Avenue) - CaDe-
France. Inc. (C-9a09)
This was the time and place set for the public hearing on the variance from Section
18.50.030.D.1. of the Bozeman Municipal Code, as requested by Cape-France, Inc., under
10-19-98
- 20 -
Application No. C-9809, to allow the construction of a 5,012-square-foot convenience store
with gasoline service and car wash on an artificial lot in Tract C, cas No. 1240E, prior to the
installation and utilization of central water and sanitary sewer systems. The subject property
is more commonly located at the northwest corner of the intersection of Durston Road and
. North 19th Avenue.
Mayor Stiff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that the applicant
wishes to proceed with the construction of a Holiday Station convenience store at Durston
Road and North 19th Avenue, on a 1 %-acre artificial lot in Phase I of the StoneRidge Planned
Unit Development. He noted that the minor site plan for this application has been approved,
subject to 37 conditions; and one of those conditions is that the infrastructure be installed prior
to proceeding with the project. He noted that the application before the Commission at this
time is a variance to that requirement.
The Senior Planner stated that staff has reviewed this application 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. He highlighted those findings, concluding with staff's
recommendation for conditional approval because the infrastructure is currently being installed.
He noted that this variance would allow for the enclosure of the station prior to winter weather,
with the interior of the structure to be completed during the winter and the station ready for
opening in the spring. He stressed that the station would be connected to City services prior
to its opening. He stated that City services could be extended from Durston Road to the site;
however, the City's Engineering staff has indicated a preference for having the City services
extended along the subdivision street and then to the site.
The Senior Planner stated that, as of this hearing, no written or oral testimony has been
received, although some concern has been expressed about the potential of a casino being
located at this site. He reminded the Commission that, under the City's zone code, casinos are
. not allowed in the "B-1" or "B-2" zoning districts.
Mr. Lowell Springer, architect representing the applicant, stated that in a September 3
letter which accompanied the application, he forwarded his responses to each of the criteria
against which variances must be weighed. He noted that the developers have extended the
water main, benefitting not only this property but the community as well, and an SID has been
10-19-98
- 21 -
created to serve the North 19th Avenue corridor. He noted that this will allow for orderly
development as well as help to overcome the liability of the plume, further benefitting the entire
community. He stated that the water main extensions have been designed and are almost
totally in place. He also noted that this project, particularly when considered in conjunction
. with the project in the next agenda item, will help to address the life safety issues revolving
around the North 19th Avenue corridor and the need for traffic signals. He noted that the
parties involved have agreed to complete $705,000 in infrastructure improvements in this area,
and they need the requested variances to proceed with the projects. He stated that failure to
approve these requested variances will result in unacceptable delays in these projects. He then
indicated his agreement with the staff findings and the recommended conditions.
City Attorney Luwe noted that the Commissioners have not received a copy of the
September 3 letter to which Mr. Springer referred and asked that a copy be submitted for
review.
Ms. Joyce Poupart, 302 Sheridan Avenue, expressed concern about the heavy traffic
volumes that already exist on Durston Road and North 19th Avenue and asked how much
. negative impact the construction traffic will have on that area, particularly in the late
afternoons.
Mr. Springer responded that much of the construction materials will be delivered to the
site via West Oak Street and North 22nd Avenue. He then indicated that he does not
anticipate construction of this project will have much impact on the intersection of North 19th
Avenue and Durston Road, and the improvements that are required to that intersection as a part
of this project will significantly enhance the safety and function of the intersection.
Mr. Loren Iverson, 1722 West Durston Road, stated he feels there are a sufficient
number of gas stations, convenience stores and car washes in this area and in the community.
He further stated that the intersection of North 19th Avenue and Durston Road is already
obsolete, as evidenced by near accidents and traffic backed up for five or six blocks.
. Ms. Shelly Henry, 414 Meagher Avenue, stated she uses Durston Road regularly and
has found the road is overtaxed. She noted that the area has grown 106 percent between
1990 and 1996, and the transportation plan suggests that improvements to Durston Road will
not occur before 2000. She concluded by expressing concern that this proposed development
will only compound an already bad problem.
10-19-98
-.-----.-...-----.--.-- .. -..
. 22 .
Responding to Mayor Stiff, Mr. Scott Bell, Morrison-Maierle, stated that one of the
conditions of approval of the subdivision was the signalization of the intersection of North 19th
Avenue and Ourston Road. He noted it is designed to be a three-lane facility with left turn
bays, and the design is approximately 60 percent complete at this time. He then indicated that
. another street project occurring simultaneously includes widening North 19th Avenue to five
lanes past Baxter Lane, reducing the super at Baxter Lane and installing traffic signals on North
19th Avenue at West Oak Street and Baxter Lane. He noted that many different parties are
involved in those improvements, including the Post Office, Bridger Peaks, Gallatin Center and
StoneRidge. He also noted that the Transportation Coordinating Committee has labeled the
West Oak Street/ North 19th Avenue and Baxter Lane/North 19th Avenue traffic signals as high
priorities.
Mayor Stiff noted that the City has monies set aside from the bond issue to improve
Ourston Road between North 7th Avenue and North 19th Avenue in two phases. He stated
that the engineering studies suggest the completion of Oak Street will relieve much of the
traffic on Ourston Road, but that link has not yet been completed.
. Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
Commissioner Frost stated that, while Mr. Springer identified five good hardships, they
do not meet No.2 in the criteria against which variances must be considered.
Commissioner Youngman stated that, while she recognizes the merits of the application,
it does not meet the criteria and she cannot, therefore, support it. She then indicated that she
would be willing to consider a zone code amendment to allow the simultaneous installation of
infrastructure improvements for a planned unit development in certain instances.
Commissioner Smiley stated her support for the requested variance, particularly in light
of staff's support for conditional approval.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the variance from Section 18.50.030.0.1. of the Bozeman Municipal
. Code, as requested by Cape-France, Inc., under Application No. C-9809, to allow the
construction of a 5,012-square-foot convenience store with gasoline service and car wash on
an artificial lot in Tract C, cas No. 1240E, prior to the installation and utilization of central
water and sanitary sewer systems. The motion failed by the following Aye and No vote: those
10-19.98
- 23 -
voting Aye being Commissioner Smiley and Mayor Stiff; those voting No being Commissioner
Youngman and Commissioner Frost.
Public hearina - Variance from Section 18.50.030.D.1.. Bozeman MuniciDal Code. to allow
construction of a 4.000-sQuare-foot Chamber of Commerce buildina on an artificial lot in the
. NE%. Section 2. T2S. R5E. MPM. Drior to installation and utilization of central water and
sanitary sewer systems (southeast corner of Baxter Lane and North 19th Avenue) - CaDe-
France. Inc. (C-9810)
This was the time and place set for the public hearing on the variance from Section
18.50.030.D.1. of the Bozeman Municipal Code, as requested by Cape-France, Inc., under
Application No. C-9810, to allow the construction of a 4,000-square-foot Chamber of
Commerce building on an artificial lot in the Northeast one-quarter of Section 2, Township 2
South, Range 5 East, Montana Principal Meridian, prior to the installation and utilization of
central water and sanitary sewer systems. The subject property is more commonly located at
the southeast corner of the intersection of Baxter Lane and North 19th Avenue.
Mayor Stiff opened the public hearing.
On behalf of the developers, Mr. Lowell Springer asked that this public hearing be
. continued to November 2, when a full Commission is present.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
Commission continue the public hearing on this requested variance to November 2, per the
applicant's request. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
Public hearing - Conditional Use Permit for Planned Unit DeveloDment - Lowell SDringer for
Castlebar Limited PartnershiD - allow the develoDment of a 72-unit aDartment comDlex on
6.748-acre tract of land described as Lot 3. Annie Subdivision. Phase II ( 1200 North 25th
Avenue) (Z-98144)
This was the time and place set for the public hearing on a Conditional Use Permit for
. a Planned Unit Development, as requested by Lowell Springer on behalf of Castlebar Limited
Partnership under Application No. Z-98144, to allow the development of a 72-unit apartment
complex on a 6.748-acre tract of land described as Lot 3, Annie Subdivision, Phase II. The
subject property is more commonly located at 1200 North 25th Avenue.
Mayor Stiff opened the public hearing.
10-19-98
.-...-...,.....-.".. -........---
- 24-
Commissioner Frost announced that he will abstain from voting on this item, to avoid
any potential for a conflict of interest.
Senior Planner Dave Skelton presented the staff report. He stated that under this
application, a 72-unit apartment complex is to be constructed at the southeast corner of the
. intersection of West Oak Street and North 27th Avenue. He noted that the subject property
is zoned "R-3", Residential--Medium-density, which allows the construction of up to four-plexes
as a permitted use. He stated that in this instance, the applicant is proposing to construct
twelve six-plex structures, at a density of 10.67 dwelling units per acre; and under the R-3
zoning designation a density of up to fifteen units per acres is allowed.
Senior Planner Skelton stated that staff has reviewed this application in light of the
twelve criteria set forth in the zone code, and the staff's comprehensive findings are contained
in the written staff report. He briefly identified the items which generated the recommended
conditions for approval, noting they
generally revolve around road and intersection
improvements. He noted that West Oak Street west of North 19th Avenue is currently
designated as a collector; however, with the update of the transportation plan, the designation
. will be changed to an arterial. He recognized that this designation will result in conflicts with
the existing 161 KV power line, and result in a need to redesign the roadway to incorporate a
center median under the power line. He stated that a geometric redesign of the intersection
of North 27th Avenue and West Oak Street is also necessary, and additional right-of-way along
the north side of this property may be required. He noted that other road improvements include
North 25th Avenue and some intersection improvements along North 19th Avenue.
The Senior Planner stated that this development will house an estimated 192 residents
and will create a projected 640 average daily vehicle trips. He noted that extending water and
sewer from West Oak Street will be easily accomplished, with the water being looped to ensure
adequate water for fire protection.
The Senior Planner stated that the Design Review Board reviewed this application and
. identified three issues to be addressed, pertaining to infrastructure to serve the site. He noted
that the Planning staff and Engineering staff have identified a need for a secondary access to
the site, although the Fire Marshal did not find a secondary access necessary for firefighting
proposes.
10-1 9-98
_u___
- 25 -
The Senior Planner stated that staff has calculated the open space in this proposal at
27.6 percent, on the assumption that dedication of a full right-of-way for West Oak Street will
be required. He noted that if less than the full right-of-way is needed, then the percentage of
open space will increase to closer to the 3D-percent open space required for planned unit
. developments. He then noted that, with the recreation area in the core of the open space, it
meets the intent and purpose of the code requirements.
Senior Planner Skelton noted that the affordability of this housing will be assured
through the Montana Board of Housing and the Human Resource Development Council. He
noted that, under the "R-3" zoning designation, 100 units could be constructed on the site
without a density bonus and up to 130 units with a density bonus; and reiterated that 72 units
are proposed under this application.
The Senior Planner briefly reviewed the written testimony received, noting that staff has
received 41 letters either raising concerns or expressing opposition. He noted that a petition
of opposition containing 151 names but no addresses has also been received. He stated that
staff has reviewed the opposition received and determined that no super-majority vote is
. needed for approval of this application.
Senior Planner Skelton stated that the applicant has requested relaxation of some of the
conditions recommended by staff. He noted those include allowing the beginning of
construction prior to the installation of water and sewer infrastructure, and staff has
acknowledged that foundation only permits could be issued prior to the installation of the water
and sewer infrastructure if the Commission 50 chooses. He noted the applicant has also
requested that the traffic signal at the intersection of North 19th Avenue and West Oak Street
be required prior to issuance of the occupancy permit rather than issuance of the building
permit.
Senior Planner Skelton stated that the City-County Planning Board conducted its public
hearing on this application at its October 6 meeting. Following the public hearing and
. consideration of the criteria, staff's comprehensive findings and the public testimony, the
Planning Board forwarded a recommendation for approval, subject to 37 conditions.
Mr. Lowell Springer, architect representing the applicant, stated the applicant generally
agrees with the conditions recommended by the Planning Board, with the exception of those
10-19-98
---------.--
- 26 -
identified in the letter dated October 9, asking that the improvements be tied to the occupancy
permit rather than the building permit.
Mr. Tom Mannschreck, President of Thomas Development Company, Boise, Idaho,
reminded the Commissioners that in February he appeared before them to seek approval for a
. tax credit application, and that approval was granted. He stated that his company has
completed thirty housing developments of this type, using housing tax credits. He then
stressed that the plan submitted with the request for support is essentially the same as the plan
before the Commission at this time, although some minor changes which enhance the project
have been made as a result of the reviews before the various advisory boards.
Mr. Mannschreck stated that during the public testimony, the Commissioners will hear
that this type of development is needed, but not in this location. He reminded the Commission
that this application is for a development density of approximately 60 percent of the density
possible under the existing "R-3" zoning, which was implemented approximately thirteen years
ago. He stated that the proposed six-plex units are designed to look like two-story houses with
single-car garages. He then asked that the Commissioners allow the project to move forward
. as quickly as possible, particularly in light of the upcoming winter weather.
Mr. Mannschreck also noted that complaints about Arcadia Gardens will probably be
forwarded, along with concerns that this project will generate similar problems. He stressed
that the comparisons are unfair because the density of Arcadia Gardens is 16 to 17 units per
acre, built in three-story 12-plexes, compared to the 10 units per acre they are proposing, built
in two-story six-plexes. He also noted that with the differences in financing of the projects,
this project provides for more guarantees and controls. He stated that the affordability of these
units will be guaranteed for a period of forty years. He also noted that, with the involvement
of the Montana Board of Housing and the Human Resource Development Council, the structure
is in place to ensure the long-term maintenance of the units and the grounds and to ensure that
it does not create problems for the neighborhood. He then stated that an apartment generates
. approximately 60 percent of the traffic that a single-family dwelling generates. He also noted
that studies indicate single-family front doors generate approximately 150 percent more
children in the school system than multi-family units generate. He reminded the Commission
that school enrollment has actually been declining, as evidenced by the fact that one of the
elementary schools was closed this year.
10-19-98
----------. -...---------
~ 27 ~
Mr. Mannschreck noted that another issue which will probably be raised is the incidence
of crime. He distributed a sheet dated October 16 forwarding information on the level of crime
at the two housing complexes which his company has developed in Nampa, Idaho, and that
information reveals the level of crime in those areas is no greater than in any other part of the
. community.
Responding to the applicant, City Attorney Luwe stated that this application requires
the affirmative vote of three Commissioners for approval and, if the Commission reaches a split
at this meeting, this item will be placed on the November 2 agenda for action.
Mr. Jeff Rupp, Director of the Human Resource Development Council (HRDC), stressed
the fact that his agency is a local agency and answers to a local board of directors. He
forwarded his support for this application, noting it helps to address the community's need for
affordable housing. He indicated that a careful review of this application has revealed it is one
of the best applications his agency has received in the last ten years. He concluded by
encouraging Commission approval of this application.
Ms. Tresa Babcock, Resource Property Management for HRDC, distributed packets of
. general information on rentals to the Commissioners for their review. She noted that the
applicant must follow many different regulations and must go through several different reviews
to ensure that the project is meeting those regulations. She noted that the information also
includes a sheet on the ten myths of apartments versus home ownership.
Responding to Commissioner Youngman, Mr. Mannschreck stated that playground
equipment, a tot lot and picnic tables are typically installed in the common open space so the
smaller children have a safe place to play. He noted that the playground equipment will be the
type that is found at schools, so its safety is assured. He then indicated that he would be
willing to accept a condition requiring the installation of playground equipment and picnic tables
if the Commission wishes to impose that requirement.
Mayor Stiff stated that the installation of a traffic signal at the intersection of North
. 19th Avenue and West Oak Street is one of the City's top priorities, particularly in light of
safety concerns, and questioned why the applicant wishes to delay the installation of those
improvements.
Mr. Mannschreck responded that under his request, the traffic signal would be in place
before the units are completed and occupied. He noted that, under the tax credit program, a
1 O~ 19.98
- 28 -
certain amount of monies must be expended by certain timelines, and he is concerned that if
the traffic signal is required prior to construction, he may lose some of those monies.
Mr. Lowell Springer suggested the possibility of imposing a condition which establishes
West Oak Street as the only access by which construction materials for the project could be
. brought to the site. He noted that the applicant could then put up a barricade on North 25th
Avenue to preclude access from that road.
Mr. John Tate, 1109 Mountain Ash, questioned whether the City can impose conditions
to provide assurances that this project will not become another Arcadia Gardens. He noted that
the connections to HRDC sound good, but he questioned whether the oversight will be
adequate to avoid the problems which the area has already encountered.
Mr. Tate stated he views this application as a zone change without going through the
zone change process. He expressed concern that this single-family residential area will
eventually be surrounded by planned unit developments. He stressed that Emily Dickinson
School is already full with a waiting list, and this type of development will further compound
the problem. He also expressed concern about the impacts that this development will have on
. the traffic in the area.
Ms. Peggy Lipsen, 1215 Woodland Drive, encouraged the Commissioners to not allow
the proposed six-plexes. She noted that many promises were made with the approval of the
Arcadia Gardens project, but none of them have been kept. She stated that, in addition to
being a homeowner in the area, she is a realtor; and she is concerned that property values will
decrease with the continued approval of this type of development.
Ms. Sarah Hays, 2503 Daffodil, stated she is concerned about traffic, particularly in
light of children walking along North 25th Avenue to reach the school. She then stated that
she is a teacher at the high school and has witnessed what she views as north versus south
in the elementary schools.
Mr. Tom Vanek, 2121 Maplewood, stated his concerns generally revolve around traffic.
. He stated that his house abuts West Oak Street, and he has seen very fast-moving traffic along
that street, particularly by those who do not live in the area. He expressed concern that this
development will only compound the problem and compromise the safety of the residents in
the area. He also stated he feels like their neighborhood is being surrounded by multi-family
residential areas.
10-19-98
. .-.--- ..---- .-.--.---.--.-.---
~ 29 -
Ms. Lisa Giroux, 1104 Mountain Ash, noted that homeowners in the area are concerned
about traffic as well as the proposed development. She then asked what criteria will be used
for determining who resides in the buildings, and how and by whom those criteria will be
enforced. She stressed that, in light of past experience, it is important that the criteria and
. regulations be enforced.
Ms. Leona Helvey, 1506 Rainbow Road, stated her children go to Emily Dickinson, and
she is concerned about the current overcrowding, with many classrooms having 30 students.
She noted that she volunteers a significant amount of time because the teachers cannot
adequately handle such large classes. She also expressed concern about the traffic problems,
particularly since she has seen children almost get hit on North 22nd Avenue and North 19th
Avenue.
Ms. Joyce Poupart, 302 Sheridan Avenue, stated she is not directly impacted by this
proposed development. She also noted that she as a single parent and is not opposed to low-
income housing. She stated, however, that she is very concerned that this project has reached
this level of review without the School District having addressed the impacts that it might have
. on the school system, and Emily Dickinson in particular.
Ms. Shelly Henry, 314 Meagher Avenue, stated she does not feel this proposal meets
the vision statement for Bozeman. She stated that at the present time, the northwest quadrant
of the community contains 44 percent single-family homes, with a total of 1,778 multi-unit
dwelling units in the area; and this overtaxes every municipal infrastructure system. She also
expressed concern about another "housing project" in this area with an absentee landlord. She
noted that in Arcadia Gardens, the railings are falling off the third floor balconies, and they are
not being adequately maintained.
Ms. Henry stated that she had a friend who lives in Boise go by the housing
developments that this developer has constructed in that area, and the response was that they
are "kind of medium" and "look like all the other projects". She also suggested that the
. development will generate more residents than have been projected and will have significant
impact on an already overcrowded school. She concluded by stating this sounds too much like
another Arcadia Gardens and stated the area cannot afford another mistake.
Ms. Betty Smithgall, 303 Sweetgrass Avenue, stated most people believe that
encouraging home ownership will improve the quality of life in Bozeman because homeowners
10-19-98
.----..-- __._______n__.
- 30 -
tend to keep their properties cleaner than people who rent. She then noted that the residents
of the area are opposed to this development, even though they realize that multi-family
development will occur in this area. She stated that they are tired of being considered "a
dumping ground", and suggested that this development be constructed in another part of town.
. Ms. Smithgall stated that when she contacted the City-County Planning Office about
Arcadia Gardens, she was informed that they have broken no codes; however, she is extremely
concerned about its appearance. She also noted that the recent manufactured home
development in the area looks nothing like how it was portrayed during reviews of the project.
She stressed that she is tired of people not caring about developments in this portion of the
community, stating that one does not see this type of development on the south side of town.
She concluded by encouraging the Commission to not approve this application.
Break - 8:55 to 9:03 D.m.
Mayor Stiff declared a break from 8:55 p.m. to 9:03 p.m., in accordance with
Commission policy.
.
Public hearina (continued) - Conditional Use Permit for Planned Unit DeveloDment - Lowell
SDrinaer for Castlebar limited Partnershio - allow the develooment of a 72-unit aoartment
comolex on 6.748-acre tract of land described as Lot 3. Annie Subdivision. Phase II (1200
North 25th Avenue) (Z-98144)
Ms. Kathy Darling, 409 North 21 st Avenue, stated that she attended nine different
schools back east, and she saw the impacts that apartments could have on a school. She
stated it is not what a building looks like but who is in it that makes the difference.
Ms. Darling stated her four children attend Emily Dickinson School, and she devotes her
Fridays to her son's class because the classes have thirty or more students. She then asked
if allowing the proposed developments in this area will result in the realignment of boundaries
for the various schools and how that might impact the children who would be relocated.
. Ms. Darling expressed concern that the subject property is zoned "R-3", which allows
multi-family residential development. She stressed the need for neighborhoods, particularly
around schools.
Mr. Randal Holliday, 2603 Daffodil, stated that in May, he purchased a home after
renting in Bozeman for ten years. He noted that the majority of people who rent do not care
10-1 9-98
- 31 -
where they live or whether there is trash on the streets. He expressed concern that this
presentation sounds much the same as the one forwarded during consideration of Arcadia
Gardens, which looks nice from far away but not from up close. He concluded by encouraging
the Commission to promote the construction of homes for people to purchase rather than
. apartments.
Ms. Cheryl Litle, 3405 Ravalli, stated she is a school teacher and that her children
attend Emily Dickinson school. She characterized a class of 30
kindergartners as
overwhelming. She then asked what is considered affordable housing and whether it is needed
in Bozeman. She questioned whether more multi-family rental units are needed or whether
single-family homes for ownership, and the pride that goes with it, are more important. She
expressed concern that, with the way this area of the community is growing, it may be
necessary to expand the Emily Dickinson school to accommodate all the students and decrease
the class sizes to an acceptable level.
Ms. Eileen Johnson, 2105 Maplewood, encouraged the Commission to say "no" instead
of surrounding her subdivision with complexes.
. Ms. Sheri Cole, 3605 Broadwater, stated she has seen vandalism in the area increase
with the construction of Arcadia Gardens, and she is concerned that it could further increase
with the approval of this application. She also noted the potential that a fence will need to be
constructed around the school to protect the children from the traffic on North 25th Avenue.
She expressed concern about the traffic, noting that a traffic signal will be needed at North
22nd because the crossing guard has already been almost run over.
Ms. Robin Kirby, 23 North Western Drive, stated her children attend Emily Dickinson,
and she shares many of the concerns voiced by others. She suggested that North 25th Avenue
will become a shortcut to the shopping areas to the south. She then asked if her children will
be pushed out of the Emily Dickinson school because of this proposed new development.
Mr. Lowell Springer stressed that under this application, six-plexes will be allowed rather
. than four-plexes, which could be approved through the site review process. He recognized the
neighborhood concerns, however, he encouraged them to remember that multi-family residential
units are allowed under the "R-3" zoning. He characterized the proposal before the Commission
as preferable to four-plexes, and reiterated that the proposed density is approximately one-half
of the density that would be possible. He then noted that the recommended conditions for
10-19-98
- 32 -
approval will address the traffic concerns which have been voiced by those speaking in
opposition.
Mr. Tom Mannschreck noted that much comparison has been made between this project
and Arcadia Gardens, and encouraged the Commissioners to recognize the differences. He
. stressed that the City, the State and the Human Resource Development Council will continue
to have oversight of this project. He then noted that no concerns were expressed about
Durston Meadows, which has 130 lots. He stated that statistics reveal single-family homes
have more impacts on schools than multi-family units. He also expressed concern about the
comments which suggest that people in apartments are in a different social class.
Mr. Mannschreck stated he feels the architecture of the project is appropriate, noting
that his projects have been featured on the covers of magazines three times. He then reiterated
that the plan being considered at this time is essentially the same as the plan originally
submitted.
At Mayor Stiff's request, Mr. Mannschreck addressed some of the differences between
this project and Arcadia Gardens. He noted that, under the tax credit program, the affordability
. of the units must be guaranteed, in this instance for a period of forty years. He stated that the
Montana Board of Housing will carefully monitor the project to ensure that it remains livable
and affordable. He noted that they also visit the site, conducting both internal and external
inspections. He also noted that on-site management is to be provided, unlike Arcadia Gardens.
Responding to Commissioner Smiley, Mr. Mannschreck stated that under the tax credit
program, he has the ability to carry forward a portion of the credits; however, he stated that
certain minimums must be met yet this year, including land ownership, a services contract and
expending a certain percentage of the monies. He noted that some people also feel it is
essential to have the building permits for the project.
Mr. Jeff Rupp, HRDC, addressed the eligibility requirements, noting that the rents are
based on a percentage of the area median income. He then presented some of those figures,
. which are substantially below the $31,000 annual income needed to break into the home
ownership market in Bozeman. He then stated that HRDC has been in Bozeman for over
twenty years and has long been a proponent of dispersing affordable units throughout the
community. He concluded by assuring the Commission that there will be an on-site manager
at this project.
10-19-98
- 33 -
Senior Planner Skelton distributed to the Commission an excerpt from the zone code
listing the various uses allowed in the "R-3" zone. He then reminded the Commission that the
Planning Board has recommended approval of the planned unit development subject to 37
conditions, and those conditions must be met before the applicant may proceed with
. construction of the project. He then noted that many of the recommended conditions for this
project are the same as those imposed on the StoneRidge subdivision and planned unit
development and the Harvest Creek subdivision because of identified problems with the
infrastructure in this area. He stated that the plan before the Commission at this time is the
third generation drawing for this project, and shows significant improvements from the previous
plans.
Senior Planner Skelton noted that the Planning staff seeks input from the School District
on every subdivision and development project. He stated the School District has taken the
position that it is not their decision; rather it must be the Commission's decision whether or not
to approve a development proposal.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
. Mayor Stiff suggested that, since there is a Commissioner absent from this meeting, the
decision be delayed to November 2.
Responding to Commissioner Youngman, the Senior Planner stated that downzoning is
not an issue in this application. He noted that any neighborhood has the right to seek upzoning
or downzoning, just by completing an application to do so. He then indicated that the applicant
had proposed minimum landscaping on the site, and the Design Review Board requested a
continual hedge and additional landscaping. He concluded by characterizing on-site
management as being important.
Commissioner Smiley recognized the fears that have been expressed by residents in the
area, particularly in light of their experiences with Arcadia Gardens. She noted, however, that
in evaluating those concerns, she recognized that what they are really concerned about is that
. their neighborhood will turn into the type of neighborhood in which she and Commissioner
Youngman live.
Commissioner Youngman proposed that a Condition No. 38 be added, requiring the
installation of playground equipment, a tot lot and picnic tables in the open space. She also
noted that the applicant's suggestions for Condition Nos. 5 and 11 are different from the
10-19-98
..-----.-..---- .----.- - .-.-..--.-.-. .--.. ----- .-------
- 34-
Planning Board's recommendation and, therefore, need to be discussed. She also suggested
that another condition be added to require that construction traffic use West Oak Street to
access the subject site.
Senior Planner Skelton stated the Fire Marshal has agreed that foundation only permits
. could be issued prior to the completion of the water and sewer infrastructure. He then
suggested that, if the Commission wishes to revise the conditions pertaining to traffic, he will
seek Engineering Department input on the wording of those conditions.
Mayor Stiff stated he has a problem with any changes from staff's recommendations.
He then stated he needs absolute assurance that the same problems that have occurred with
Arcadia Gardens will not be encountered in this project. As a result, he asked for legal
documentation which precludes that from happening.
Responding to Commissioner Youngman, Mayor Stiff stated he is not flexible on the first
condition. He noted that if the Fire Department feels a foundation only permit can be issued
without risk prior to the completion of the water and sewer infrastructure, he finds it
acceptable; however, he feels a secondary access is imperative.
. Mayor Stiff asked when the Commission can expect to receive documentation on how
the conditions and regulations for this project are to be enforced.
Mr. Tom Mannschreck indicated that documentation on the requirements of the
Montana Board of Housing and the Human Resource Development Council could be provided
within the next two weeks. He also noted that the restrictive covenants and by-laws could
also be prepared within forty-eight hours after he knows what the City will require to be
included in them.
City Attorney Luwe stated he will need a list of concerns from the Commissioners to
ensure that every issue is addressed.
Responding to Mr. Springer, Mayor Stiff stated the traffic signal at the intersection of
North 19th Avenue and West Oak Street must be in place before this project moves forward.
. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission table the decision on this application to November 2, to give staff and the
applicant an opportunity to provide the requested information. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Smiley and Mayor Stiff; those voting No, none. Commissioner Frost abstained.
10-19-98
- 35 -
Public hearina - Variances from Sections 18.50.110.F and 18.50.120.K.. Bozeman MuniciDsl
Code. to allow two drive accesses. with one less than 8 feet from side DrODertv line and to
allow Darkin9 in the front and side yards on Lot 4. Block 6. New Hvalite View Subdivision -
Tavlor Architects for Reach. Inc. (2-98141)
This was the time and place set for the public hearing on variances from Sections
18.50.110.F. and 18.50.120.K. of the Bozeman Municipal Code, as requested by Taylor
. Architects on behalf of Reach, Inc., under Application No. 2-98141, to allow two drive
accesses, with one less than 8 feet from the side property line, and to allow parking in the front
and side yards on Lot 4, Block 6, New Hyalite View Subdivision. The subject property is more
commonly located at 1127 North Cedarview Drive.
Mayor Stiff opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated the
requested variances are in conjunction with a conditional use permit for a three-bedroom
residential group home for developmentally disabled residents. She noted the subject property
is zoned "R-2", Residential--Single-family, Medium-density, and group homes are a conditional
use in this zone.
Assistant Planning Director Arkell stated that the variance to allow a circular drive with
. a drive access being less than 8 feet from the side property line can be, and has been,
approved by the Director of Public Service under the zone code provisions. She noted that the
approval is contingent upon the applicant super-imposing a turning template of a van on the
circular drive to ensure adequate room is provided and removal of the western approach and
circular portion of the drive if this conditional use permit lapses.
The Assistant Planning Director stated the variance which must be considered by the
Commission at this time is to allow parking in the front and side yards. She noted that this
variance will help to maintain the appearance of a single-family residence and eliminate
unnecessary parking spaces.
The Assistant Planning Director stated that Reach has begun to construct single-family
. homes to replace the larger homes which they previously used. She noted that the garage door
in this home will actually lead into an area used for storage and an office for the staff and, if
this use is terminated, the area can be converted to a garage area with minimal remodeling.
The Assistant Planning Director stated that staff has reviewed this variance in light of
the three criteria contained in the zone code, and the staff's comprehensive findings are
10-19-98
- 36 -
contained in the written staff report. She briefly highlighted those findings, concluding with
staff's recommendation for approval.
City Attorney Luwe requested that, if the Commission approves this variance, it be with
the condition that it is tied to the conditional use permit which is the subject of the next public
. hearing,
Mr. Rob Tallon, Executive Director of Reach, noted that this organization has provided
support to people with disabilities for twenty-five years, He indicated that they make their
homes fit architecturally with the area, and he has been in touch with the residents in this area
regarding this project, He stated that the three people who will live in this home are either
lifelong or long time residents of the community.
Ms, Karen Thomas, 1145 Holly Drive, stated her support for the Reach organization and
its philosophy and goals. She expressed concern, however, that only those residents within
200 feet of the subject site were notified. She also expressed concern that this could be
construed as a business in a single-family subdivision with covenants which preclude other
types of development. She suggested that approval of this request could result in an
. undesirable precedent for the subdivision.
Mr, Dallas Thomas, 1145 Holly Drive, stated he has concerns about proposal,
particularly in light of the negative impacts that its approval could have on the covenants for
this forty-year-old subdivision, He read excerpts from the covenants, which require that the
lots be used strictly for single-family residential purposes, with no business being conducted
thereon. He also noted that the covenants and restrictions may be enforced by any lot owner
through proceedings against any person in violation of the covenants, He concluded by stating
he does not believe this proposed use fits into the neighborhood in light of these covenants.
City Attorney Luwe cited the State statutes under which community residential facilities
with 24-hour care are considered permitted uses in all residential zones. He also noted that a
Supreme Court decision has determined that this type of facility is consistent with the
. protective covenants for a single-family residential area.
The Assistant Planning Director stated that 29 people were notified of the public
hearing, the pUblic hearing was advertised in the newspaper and the site was posted. She then
confirmed that all of the setback requirements are being met for this 2,000-square-foot home.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing,
10-19-98
- 37 -
Commissioner Frost noted that this requested variance meets the criteria set forth by
the Supreme Court. He also noted that approving this variance will help to ensure the long-
term compatibility of this residence and property with the neighborhood.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the
. Commission approve the variance from Section 18.50.120.K. of the Bozeman Municipal Code.
as requested by Taylor Architects on behalf of Reach, Inc., under Application No. Z-98141, to
allow parking in the front and side yards on Lot 4, Block 6, New Hyalite View Subdivision,
subject to the following condition:
1. That the conditional use permit for the Reach home, which is the subject
of the next public hearing, be approved. In the event that the conditional
use permit is not approved or lapses, the approval of this variance shall
be terminated.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none.
Public hearina - Conditional Use Permit - to allow construction of residential grouD home for
develoDmentallv disabled residents on lot 4. Block 6, New Hvalite View Subdivision - Tavlor
Architects for Reach. Inc. (Z-98141)
. This was the time and place set for the public hearing on the Conditional Use Permit
requested by Taylor Architects on behalf of Reach, Inc., under Application No. Z-98141, to
allow the construction of a residential group home for developmentally disabled residents on
Lot 4, Block 6, New Hyalite View Subdivision. The subject property is more commonly known
as 1127 North Cedarview Drive.
Mayor Stiff opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She noted that the
information submitted in the previous hearing applies to this application as well. She stated
that the staff has reviewed the application in light of the six criteria established for
consideration of conditional use permits, and the staff's comprehensive findings are contained
. in the written staff report. She noted that the City-County Planning Board conducted its public
hearing at its October 6 meeting and, following the public hearing and consideration of the
criteria and staff findings, the Board concurred in staff's recommendation for approval, subject
to nine conditions.
1 0-1 9-98
- 38 -
Mr. Jerry Taylor, Taylor Architects, stated he is pleased to be designing the fourth home
for Reach. He noted that he has worked diligently to blend these homes into the residential
neighborhoods in which they are located. He concluded by encouraging Commission approval
of this application.
. Responding to Commissioner Frost, the Assistant Planning Director indicated that the
curb must be replaced if a portion of the circular driveway is removed. She then indicated that,
if the Commission wishes, it could add that requirement to the conditions of approval.
Commissioner Frost stated he feels that requirement should be added to the conditions.
Ms. Karen Thomas, 1145 Holly Drive, asked if similar structures for other uses, such
as a halfway house for drug abuse, can be denied if this application is approved.
City Attorney Luwe reiterated that State law identifies this type of group home with 24-
hours care as a residential use. He noted, however, that it must go through the conditional use
process and, if it doesn't meet the criteria, it can be denied.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
. Commission approve the Conditional Use Permit requested by Taylor Architects on behalf of
Reach, Inc., under Application No. Z-98141, to allow the construction of a residential group
home for developmentally disabled residents on Lot 4, Block 6, New Hyalite View Subdivision,
subject to the following conditions:
1. Seven copies of the final site plan showing how all conditions of approval
will be addressed must be submitted to the Planning Office within six
months of final approval of the application. An Improvements Agreement
must be signed by the applicant prior to final site plan approval, and a
building permit must be obtained prior to the work, and within one year
of final site plan approval. A building permit will not be issued until the
final site plan is approved. If occupancy of any structure
within any
phase is to occur prior to completion of all required improvements, the
Improvements Agreement shall be financially guarantee as outlined in the
Bozeman Municipal Code.
2. The final site plan shall conform to all requirements of the Bozeman
Municipal Code, be adequately dimensioned, and in addition to the
. information shown on the preliminary plan, shall show the following:
a. The water and sewer service line locations. The sanitary
sewer (4-inch)
is stubbed off North Cedarview,
approximately 10 feet from the east property. The water
service (1-inch) is stubbed to the northeast property
line
and will be installed by the City of Bozeman Water
Department following application for same.
1 0-1 9-98
_u___.. . ....- ----.-- -.. ... --.------ .--....-..-"...
-- --- -.. -. ...
- 39 -
b. The floor plan must show the location of the water meter
and that location must
be approved by the Water
Department.
3. The drive approaches shall be constructed in accordance with the City's
standard approach, i.e., concrete apron, sidewalk section, and drop-curb,
and shall be shown as such on the final site plan.
. 4. A boulevard planting detail shall be provided on the final site plan that
complies with the Engineering Department standards. Root barrier
material should be used. No plantings shall be allowed in the typical
sidewalk location.
5. A deviation from Section 18.50.11 0.F(1) and (2) to allow a circular
driveway on the property, and to allow the eastern driveway to encroach
up to 3 feet 4 inches into the 8-foot side yard setback, is hereby granted
subject to the following: (A) The applicant shall superimpose a turning
template for the appropriately sized vehicle on the final site plan for
review and approval by the Director of Public Service. The western
approach location and the inside radius of the circular driveway shall be
adjusted accordingly to make said driveway fully functional; and (8) If
the Conditional Use Permit lapses, the City reserves the right and
authority to require removal of the western approach and the "circular"
part of the driveway and require replacement of the curb.
6. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and spe
cial conditions imposed by the
Conditional Use Permit procedure.
. 7. All of the special conditions shall constitute restrictions running with the
land use, shall be binding upon the owner of the land, his successors or
assigns, and shall be recorded as such with the Gallatin County Clerk and
Recorder's office by the property owner prior to issuance of any building
permits, final site plan approval or commencement of the conditional use.
8. All conditions specifically applied to this project shall apply and be
adhered to by the owner of the land, successors or assigns.
9. All of the conditions applied to this project shall be consented to in
writing by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none.
Adjournment - 10:46 c.m.
There being no further business to come before the Commission at this time, it was
. moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those
voting No, none.
1 0-1 9-98
---.---.--
.40 -
ATTEST:
-(2 ~
~~=~
ROBIN L. SUl::tiV ~ --
Clerk of the-~~jssion-
- .--
--~ .......
. .-
. . - - -. - '"-'~
- - - .
..~~- -
.
.
10-1 9-98