HomeMy WebLinkAbout1998-09-08 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 8, 1998
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, September 8, 1998, at 3:00 p.m. Present were Mayor Stiff,
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - Avril 6. June 1. June 8. June 15. June 29. Auaust 17. August 24 and Auaust 31 ,
1998
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
. minutes of the meetings of August 17, August 24 and August 31, 1998, be approved as
submitted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman
and Mayor Stiff; those voting No, none.
Mayor Stiff deferred action on the minutes of the meetings of April 6, June 1, June 8,
June 15 and June 29 to a later date.
Commissioner Smiley noted that the minutes of August 31 do not reflect that she and
County Commissioner Bill Murdock volunteered to serve on a committee to review the interlocal
agreements in which both entities are involved.
Commissioner Rudberg stated that she and Commissioner Youngman, as well as
. County Commissioner Olson, also indicated a willingness to serve on the committee.
Proclamation - "Alcohol and Drua Addiction Recoverv Month" - SeDtember 1998
Mr. Roger Curtis, Executive Director of the Alcohol and Drug Services, noted that one
important activity of their organization is treating alcohol and drug addiction and assisting
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people in rehabilitating their lives, thus making the community a safer place in which to live.
He indicated that an educational advertising campaign will be undertaken, to make people
aware of the effectiveness of substance abuse treatment. He noted that prevention is also an
important component in substance abuse, and educational efforts will also be targeted toward
. that element. He then identified several organizations who concentrate on that aspect of the
program. He concluded by asking that the Commission approve the proclamation.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission concur in the Mayor's proclamation of September as "Alcohol and Drug Addiction
Recovery Month". The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner
Smiley and Mayor Stiff; those voting No, none.
Authorize and direct staff to eroceed with Detition tor declaratorv iudament tor right-ot-wav for
West Babcock Street between West Main Street and Vallev Unit Subdivision
City Manager Johnson stated that this item has been placed on the agenda as a result
. of last week's joint work session with the County Commission, noting that this provides an
opportunity for the Commission to give staff specific direction.
Mrs. Judy Worley, 2813 West Babcock Street, stated that 21 owners of county
property along West Babcock Street have expressed deep concern over the proposed
improvement project. She stated they are concerned about the entire scope of the project,
although they understand the need for improving the roadway. She recognized that the City
and the County have several options for acquiring the needed right-of-way for the project,
including: (1) declare the scope and need of the project and make a fair and reasonable offer
of compensation for the land needed; and (2) file a quiet title action to acquire the land without
compensation. She encouraged the Commission to make a fair and just offer and, if that is not
successful, then proceed through the condemnation process. She expressed an interest in
. seeing the project move forward in a timely manner, recognizing that an improved roadway is
in the best interests of the community. She asked that the residents along the roadway not
be required to bear the entire burden of the right-of-way costs for westward expansion of the
city.
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Mrs. Worley asked that the Commission consider who owns the present road, noting
that she and her husband have paid taxes on 3/4 of the width of the road in front of their home
for nearly thirty years. She concluded by reiterating her interest in being fairly and justly
compensated for the private property required to improve the roadway.
. City Attorney Luwe noted that he was not present at last week's meeting. He stated
that under this agenda item, the Commission is to decide on whether to direct staff to proceed
with a declaratory judgment to determine the road by use. He stated this step is not
inconsistent with what the Commission has previously said and, once the width of the road by
use has been established, the City and the County would then need to go back to the property
owners and negotiate for the additional right-of-way needed for the project. He noted that if
those negotiations fail, condemnation is the next step.
Responding to questions from Commissioner Frost, City Attorney Luwe confirmed that
once the right-of-way has been identified by the Court, it may be necessary to acquire
additional right-of-way. He then noted that, while there is adequate right-of-way adjacent to
most of the city properties, the right-of-way adjacent to county properties is where the
. problems generally lie. He noted that is why the County Attorney's office has proceeded with
the petition to be filed with the Court.
Commissioner Frost noted that at last week's meeting, the County Commissioners
indicated that once the Court has established the legal width of the road, they intend to work
within that width and impact the neighbors to the minimum extent possible.
Responding to Mayor Stiff, the City Attorney confirmed that if any additional steps in
right-of-way acquisition are necessary after the Court has determined the right-of-way, this
matter will be brought back to the Commission for additional action.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission authorize and direct staff to proceed with the declaratory judgment for the right-of-
way for West Babcock Street from West Main Street to Ferguson Avenue. The motion carried
. by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No,
none.
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Authorize and direct staff to proceed with acauisition of right-of-way through Pea Cannery
DroDerty for East Oak Street
City Manager Johnson stated that this item was also placed on the agenda as a result
of last week's work session with the County Commission, and asked that the Commission
. provide direction to the staff.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
the Commission authorize and direct staff to proceed with acquisition of the right-of-way
through the Pea Cannery property for the construction of East Oak Street. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those
voting No, none.
Bridaer Peaks Town Center - Grant Creek Partners for PhiliD Saccoccia. Jr. - Conditional Use
Permit for Planned Unit DeveloDment for develoDment of 42.24 acres known as Tracts 4A and
4B. COS No. 1215A (Z-98113)
This was the time and place set for review of the Conditional Use Permit for a Planned
. Unit Development for a four-phase commercial development consisting of 13 lots and a mix of
single and multiple tenant buildings on 42.24 acres known as Tracts 4A and 48, Certificate of
Survey No. 1215A, as requested by Grant Creek Partners for Philip Saccoccia, Jr., under
Application No. Z-98113. The subject property is more commonly located at the northeast
corner of North 19th Avenue and West Oak Street.
Associate Planner Chris Saunders presented the staff report. He stated that this
application has been reviewed concurrently with the preliminary plat application, which is the
subject of the next agenda item. He stated that, if approved, both the final plan for this
Conditional Use Permit and the final plat for the subdivision will be approved concurrently to
ensure that the conditions which make these two applications dependent on each other have
been met. He noted that the subject property lies within the North 19th Avenue/West Oak
. Street entryway corridor.
The Associate Planner stated that under this application, the developer is proposing a
four-phase, 13-lot commercial Planned Unit Development. He noted the application has been
reviewed in light of the criteria contained in the zone code, and the staff's comprehensive
findings are contained in the written staff report which has been submitted to the Commission.
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He indicated that the applicant is proposing extensive covenants and will provide easements
to address some of the basic infrastructure concerns that have been raised. He stated the
applicant is also seeking seven relaxations from the standards in the code, which include:
( 1 ) allow removal of the side yard requirement on Lot Nos. 2, 5, 8 and 11
. to permit construction of a physically continuous building complex;
(2) allow access points on West Oak Street to be located less than 660
feet apart;
(3) allow entrance points in Phase II along Tschache Lane to be less than
150 feet apart;
(4) allow the project entrance drives on West Oak Street and North 19th
Avenue to be 40 feet wide instead of the maximum 35 feet allowed;
(5) allow signage to be grouped into a lesser number of freestanding signs
which exceed the maximum height and square footage per sign;
(6) allow reduction in the required 35-foot setback from a watercourse
along Walton's Ditch; and
(7) allow the issuance of building permits for a limited number of lots prior
to the completion of all required infrastructure.
The Associate Planner stated the applicants have been advised that improvements to
. West Oak Street and North 19th Avenue, including signalization of the intersection, must be
completed prior to filing of the final plan, and those improvements may be financially
guaranteed.
Associate Planner Saunders briefly summarized staff's findings, as found in the written
staff report, stating that staff has found the application to be in general compliance with the
criteria, subject to the recommended conditions. He then noted that those conditions were
slightly modified by the City-County Planning Board, following its public hearing and
consideration of the application at its August 18 meeting.
Commissioner Frost suggested that the proposed Condition No. 26, as contained in the
memo dated September 2, be revised so that the next to the last sentence reads, "Luminaires
and lenses shall not be visible ... "
. Commissioner Youngman noted that during review of the master plan for development
of the North 19th Avenue corridor, she raised the importance of ensuring there is no adverse
impact on adjacent residential neighborhoods, and this application does not address that issue.
She expressed concern that, since this property is immediately north of the Covered Wagon
Mobile Home Park, noise from this development could negatively impact that residential
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neighborhood if the conditions of approval do not address it. She stated that all of the berming
and landscaping and buffering of the subject property does not protect the residential property
from the increased traffic on the street.
Associate Planner Saunders stated that under the zone code, the more intensive use
. bears the burden of any screening or other mitigation to protect adjacent uses. He noted that
in this instance, there is a right-of-way intervening between the two uses, and the applicants
have provided the required screening on their property. He noted that during review of the
North 1Sth Avenue master plan, a representative from the
Montana Department of
Transportation stated that earth berming is the most effective means of noise screening. He
then indicated that the Commission could address the issue of noise from West Oak Street in
the conditions if it so chooses.
Responding to Commissioner Rudberg, Commissioner Youngman recognized that the
Commission cannot bind this applicant to do something on private property across the street,
but she has been concerned about the impacts of a major commercial development on a long-
time residential area. She suggested, however, that the applicant could be asked to work with
. the property owner across the street in an effort to minimize the impacts of noise from the
street.
Responding to questions from Mayor Stiff, the Associate Planner suggested that
Condition No. 13 could be expanded to specifically address the traffic signal at the intersection
of North 1Sth Avenue and Baxter Lane as well as the intersection of North 1Sth Avenue and
West Oak Street. He then indicated that conditions pertaining to increased traffic in the area
should probably be addressed under the preliminary plat.
Assistant City Manager Ron Brey noted that Condition No. 28 for the preliminary plat
addresses the entire North 1Sth Avenue corridor and suggested that Baxter Lane should
specifically be mentioned in that condition
Mr. Dave Hutchinson, Grant Creek Partners, stated that he started working on
. developing this subject property three years ago, and he has forwarded a plan which uses the
tools the City has provided for developing along this corridor in creating a functional
development. He then indicated that the plan now before the Commission is the result of
working closely with the City staff.
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Mr. Hutchinson noted the Commissioners have a significant amount of information
before them. He indicated that the commercial development, as proposed, is creative and
makes a real statement architecturally. He stated they have tried to develop a contemporary
look that is attractive and desirable, using rock, brick, metal roofing and timbers as the exterior
. building materials. He noted that the buildings are to be low profile, and are configured in a
manner which is sensitive to the site and the surrounding area. He indicated that to accomplish
the design before the Commission, several concessions have been made, including the
orientations of the buildings and the locations of the accesses to the site.
Mr. Hutchinson characterized the restrictive covenants for this project as unique and
designed to ensure adherence to the architectural, landscaping and signage packages. He also
noted that the covenants will help to ensure that his company can maintain comprehensive
control over the project, even if some of the units are sold rather than leased.
Mr. Hutchinson noted that the technical portion of the application is quite lengthy, and
he believes it meets the requirements of the zone code as well as the entryway corridor plan.
He noted that it includes landscaping and a pedestrian area along the entire North 1Sth Avenue
. frontage. He indicated that the pedestrian circulation through the site will include benches.
Mr. Hutchinson indicated he is not sure how to address the issue of noise from the
street, particularly North 19th Avenue. He stressed that, through the use of significant berming
and significant landscaping, he feels that the impacts of traffic within the development will be
minimized.
Commissioner Youngman stated that commercial development is not typically allowed
across from residential development and suggested that the conditions be revised to state "...
the developer shall contact the Montana Department of Transportation and owner of the mobile
home park adjacent to this and offer to construct berming to buffer the residential development
from West Oak Street. If the developer makes a good faith effort and receives letters from
both parties rejecting the noise berming, staff may release him from this condition."
. Mr. Hutchinson cautioned that the costs of this proposed condition could be higher
than anyone might anticipate. He indicated a willingness to explore the possibility, but stated
that if the costs of the off-site improvements add another $100,000 to the project, he would
have a problem with it.
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Commissioner Rudberg stated she has a real problem with requiring a property owner
to improve another person's property. She suggested, however, that if this applicant has some
dirt left over, he might be willing to dump it on the other side of the street, with the owner of
the Covered Wagon Mobile Home Park then being responsible for berming the dirt and
. landscaping. She indicated that she lives just off North 19th Avenue and knows how noisy it
is.
Responding to questions regarding the zoning of the Covered Wagon Mobile Home
Park, Associate Planner Chris Saunders stated it is zoned HR-3", which allows up to four-plexes
and townhouse clusters.
Responding to Commissioner Smiley, the Associate Planner stated that the North 19th
Avenue overlay district is 660 feet from the centerline, and the setback from the property line
is 50 feet along both North 19th Avenue and West Oak Street.
Responding to Commissioner Frost, Mr. Hutchinson stated that, with canopies and
awnings, landscaping and plantings, he hopes to create a development that is attractive and
encourages pedestrian movement.
. Commissioner Frost then recognized that berming along the Covered Wagon Mobile
Home Park property might be expensive, but suggested that fencing could be much cheaper
and still mitigate some of the noise from West Oak Street. He recognized the good job that the
applicant has done on site to mitigate impacts on the property across the street.
Mr. Hutchinson indicated that he will explore that possibility and quantify the costs of
fencing as well as the costs of berming.
Mr. Keith Belden, Morrison-Maierle, stated that when West Oak Street was built, a
number of trees that screened the mobile home park were removed by the Montana Department
of Transportation. He then stressed that the right-of-way for the street and the 50-foot buffer
strip on the applicant's property will buffer the adjacent residential neighborhood from this
commercial development.
. Mayor Stiff voiced his concern about the proposed additional condition.
Commissioner Youngman expressed concern that if the Commission does not ensure
that the residential neighborhood is buffered from the traffic on the adjacent streets, then
reduced property values or a destabilized residential area will result. She stated that, with
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"R-3" zoning across the street from a commercial planned unit development, it is important to
find a way to make them good neighbors.
Commissioner Rudberg stated she cannot support any requirement for off-site
improvements. She noted that West Oak Street currently carries a significant amount of traffic,
. and the installation of a traffic signal at its intersection with North 19th Avenue will result in
even more traffic using the street. She then noted that the owner of the Covered Wagon
Mobile Home Park previously had an opportunity to enhance his property in conjunction with
the street improvements but chose not to do so.
Break - 4:16 to 4:20 D.m.
Mayor Stiff declared a break from 4: 16 p.m. to 4:20 p.m., in accordance with
Commission policy.
Bridger Peaks Town Center (continued) - Grant Creek Partners for Philip Saccoccia. Jr. -
Conditional Use Permit for Planned Unit DevelODment for develoDment of 42.24 acres known
as Tracts 4A and 4B. COS No. 1215A (Z-98113)
. Commissioner Smiley stated she feels that under the conditions recommended by the
Planning Board, the developer has been asked to do everything possible to mitigate the impacts
of the development on the surrounding area. She cannot support asking the developer to put
up a fence and install berming on someone else's property to mitigate noise from the street;
however, she feels it would be reasonable to ask the developer to contact the owner of the
mobile home park and offer him the dirt to do the berming.
Responding to Mayor Stiff, Associate Planner Saunders stated the traffic study and
signalization of the intersection of Baxter Lane and North 19th Avenue are addressed under the
subdivision, not under this application.
Commissioner Frost characterized this as an excellent proposal which reflects a lot of
. thought and preparation; however, he is concerned about the precedent it might set for what
has been a residential area. He noted that North 19th Avenue from the interchange to Durston
Road could easily become an area for strip commercial development adjacent to existing
residential development; and he is concerned about the conflicts that could arise from allowing
this type of development to occur, particularly in light of the traffic volume it will generate.
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Commissioner Youngman stated that she, too, likes the proposal as submitted;
however, approval of this application will set a precedent for commercial development abutting
existing residential development that could lead to lowering property values. As a result, she
cannot support the project.
. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Conditional Use Permit for a Planned Unit Development for a four-
phase commercial development consisting of 13 lots and a mix of single and multiple tenant
buildings on 42.24 acres known as Tracts 4A and 4B, Certificate of Survey No. 1215A, as
requested by Grant Creek Partners for Philip Saccoccia, Jr., under Application No. Z-98113,
with the requested relaxations listed above and subject to the following conditions:
1. Prior to the approval of the final plan the land owner and developer
shall sign an improvements agreement and a hold harmless agreement
absolving the City of Bozeman of all responsibility relating to the
development of the project concurrent with the installation of
subdivision infrastructure. The City Attorney's Office shall prepare the
hold harmless agreement.
2. All provisions of the subdivision and zoning regulations which are not
specifically waived in the preliminary approval of the plat and plan
. shall be complied with.
3. The developer shall have two (2) years from the date of preliminary
approval to complete the conditions, conform to all regulations, and
submit a complete application for final plat and final plan approval.
This approval period may be extended by the City Commission upon
request of the applicant for a period to not exceed a total of five
years. The developmental guidelines and master plan for Phases 3
and 4 shall be approved for a period of five years. The approval of the
guidelines may be extended upon request of the applicant to the City
Commission.
4. The final plat shall conform to all requirements of the Bozeman Area
Subdivision Regulations and
the Uniform Standards for
Final
Subdivision Plats, and
shall be accompanied by all
required
appropriately worded certificates and a Platting Certificate.
The final
plat application shall include two signed cloth back, or equivalent,
copies; two signed reproducible copies on a stable base polyester film,
or equivalent; two digital copies on 3 Y:z -inch DS/DD diskettes; and five
(5) paper prints. The final plan shall conform to all requirements of
Section 18.54 of the Bozeman Municipal Code.
. 5. The zone code requires loading facilities for all buildings over 15,000
square feet (Section 18.50.130). Only the proposed building on Lot
5 obviously indicates loading docks. The final plan shall indicate the
provisions for loading facilities for the other buildings in the main
building complex.
6. The pedestrian trails which intersect at North 19th Avenue and West
Oak Street shall align with the existing sidewalk on the south side of
West Oak Street at the point that the proposed trail intersects Oak
Street.
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7. The Planning Office will support the request to allow simultaneous
construction of site improvements, infrastructure, and the buildings on
Lots 2, 5, 8, and 11. The subdivision and site improvements for
water, sewer, and streets will need to be financially guaranteed or
constructed to allow the filing of the final plat and approval of the final
plan prior to the commencement of construction on the Lot 5 building.
8. All barbed wire fences on the property shall be removed prior to final
. plan approval.
9. Grading within the greenway corridors, including berms, shall be
indicated in the final plan submittal with a maximum of one foot
intervals between contours.
10. The bridge between Phases 1 and 3 shall include a dedicated
pedestrian lane.
11 . Lighting fixtures utilized with the project shall, either by placement or
fixture construction, conceal the luminaire from view of the street
and/or adjacent properties.
12. The final PUO plan shall include in the architectural design guidelines
requirements for the design of the sides and rear of buildings, where
they are visible, to maintain the visual character, if not the level of
detail, of the main facade of the structure.
13. For the purposes of the design guidelines in the comprehensive
signage plan, all four phases of the project shall be considered as a
single project. A total of two freestanding signs containing commercial
. messages shall be allowed in Phases 1 and 2, as proposed in the
project submittal. The design and total square footage of commercial
signage in the two allowed signs shall conform to that shown in the
project submittal Appendix K, Signage Design Guidelines. For the
purposes of the calculation of allowable wall signage area, each lot
shall be considered independently and shall not exceed the amount of
signage allowed under Section 18.65 of the zone code or its
successor. Other directional signs are allowed as described in Section
18.65 of the zone code or its successor.
14. The final PUD plan shall include proposed
locations for trash
enclosures.
15. The project shall include bicycle racks. This requirement may be met
by including the placement of bicycle racks in the overall design
guidelines.
16. Modifications shall be made to the placement of two islands and the
inclusion of four others to meet the requirement of all parking stalls
being within a maximum of 90 feet from a tree trunk and to not allow
uninterrupted parking of more than 100 feet. The locations for
. additions are the western edge of the main parking lot of Lot 5
between Lots 4 and 6; the southern edge of the main parking of Lot
5 lot between Lots 2 and 3; the fourth bank of parking stalls north of
the pedestrian way in Lot 5; and the second bank of parking stalls
southeast of the pedestrian way in Lot 5. Further, the landscape
islands in the second and third banks of parking stalls north of the
pedestrian way in Lot 5 shall be moved three stalls to the southeast.
17. Visual screening plantings shall be provided along the eastern
boundary of Lot 5 to comply with the requirements of Section
18.50.100.0.5.0., which requires the visual screening of loading
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docks. The loading area, dumpsters, and other equipment to the east
of the main building complex are required to be visually screened from
adjacent properties.
18. Additional landscaping shall be provided in the West Oak Street and
North 19th Avenue corridors to achieve full compliance with the
required plantings listed in Section 18.54.110.G, Greenway Corridor
. Landscape Standards.
19. For the purposes of calculating the required open space, all four
phases of the project shall be considered a single project. If open
space in compliance with Section 18.54.11 O.F is not provided in each
independent phase then subsequent phases shall provide additional
open space so that the total open space upon completion of all four
phases shall not be less than that required by Section 18.54.11 O.F.
Landscaping islands within parking areas which are less than 300
square feet in area shall not count toward required open space.
20. The proposed covenants shall be filed as a part of the final plat. The
City of Bozeman shall be a party to the covenants such that the
covenants may not be revoked or substantially modified without the
consent of the City of Bozeman. The City shall be party to those
provisions of the covenants relating to Lot Access; Easements;
Architectural, Signage, and
Landscaping Guidelines; and those
portions of the Liens section which relate to the maintenance of the
required open space. Revocation of Article IV, Easements, shall
require either the replatting of the subdivision to provide for public
access to all lots or the filing, with City of Bozeman agreement, of
separate easements to provide for the legal and physical access
. required by Section 76-3-608, M.C.A., and its successors.
21. Until such time as the fire hydrant system is installed, tested, and
accepted, construction on site shall be limited to non-combustible
building shell construction only. Under no circumstances shall
combustible construction or interior tenant improvements be allowed
until such a time as the pressurized water system is installed and
accepted. Additionally, high quality all weather access roads shall be
provided and maintained at all times to allow emergency response
equipment access to the site.
22. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision, for a system designed
to remove solids, silt, oils, grease and other pollutants from the runoff
from the private and public streets and all lots, must be provided to
and approved by the City Engineer. The master plan must depict the
maximum sized retention basin location, show location of and provide
easements for adequate drainage ways within the subdivision to
transport runoff to the stormwater receiving channel. The plan shall
include sufficient site grading and elevation information (particularly
. for the basin site, drainage ways and finished lot grades), typical
stormwater detention/retention basin and discharge structure details,
basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be
designed and constructed to be conducive to the normal use and
maintenance of the open space. While the runoff from the individual
lots will be dependent on the intensity of use on each lot, the
maximum sizing of the stormwater retention facilities for each lot will
be established based on maximum site development. Final facility
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sizing may be reviewed and reduced during design review of the final
site plan for each lot.
The applicant is advised that although the submitted plan has been
preliminarily reviewed and is acceptable in concept, the plan will be
evaluated further upon review of the infrastructure and final site plan
for the subdivision. The applicant is encouraged to utilize a
. combination system of underground storm drains and the proposed
swales within the parking lot on the west side of the buildings to
allow patrons to walk from the parking lot to the building without
crossing a "stream" during minor rain events and snow melting. A
detailed site grading plan for Phases I and II shall be provided for
approval with the initial final site plan submittal. The grading plan
shall account for the development of the future phases and provide a
phasing schedule for the installation of the stormwater improvements.
23. The Oak Street drive approaches shall be constructed in accordance
with the City's standard approach (i.e., concrete apron, sidewalk
section and drop-curb) and shown as such on the final site plan. A
City Curb Cut and Sidewalk Permit shall be obtained prior to final site
plan approval. Montana Department of Transportation approval of all
approaches onto North 19th Avenue and West Oak Street shall be
obtained prior to construction.
24. The Montana Fish, Wildlife and Parks, NRCS, Montana Department of
Environmental Quality and Army Corps of Engineers shall be contacted
regarding the proposed project and any required permits (i.e., 310,
404, Turbidity exemption, etc.) shall be obtained prior to final site plan
approval. Copies of the approvals shall be submitted with the final
. site plan.
25. Ditch/Steam relocation:
The Montana Fish, Wildlife and Parks shall be contacted by the
applicant regarding the proposed relocation, and any required permits
(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to
final site plan approval.
26. A detail of the lighting fixtures shall be submitted to, and approved by,
the Planning Office. No part of the luminaire or lens shall protrude
below the shield, and any lighting used to illuminate the off-street
parking area shall be arranged so as to deflect light down and/or away
from any adjoining residential district and shall not detract from driver
visibility on adjacent streets.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost and
Commissioner Youngman.
.
Bridaer Peaks Town Center - Grant Creek Partners for Philip Saccoccia. Jr. - preliminarv plat
to subdivide 42.24 acres known as Tracts 4A and 48. cas No. 1215A. into four phases and
13 commercial lots (P-9833)
This was the time and place set for review of the preliminary plat for the Bridger Peaks
Town Center, as requested by Grant Creek Partners for Philip Saccoccia, Jr., under Application
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No. P-9833, under which 42.24 acres known as Tracts 4A and 4B, Certificate of Survey No.
1215A, are to be subdivided into four phases and thirteen commercial lots. The subject
property is located at the northeast corner of the intersection of North 19th Avenue and West
Oak Street.
. Associate Planner Chris Saunders presented the staff report. He briefly highlighted the
written staff report, which was forwarded in the Commissioners' packets, characterizing
infrastructure and access as the major issues. He stated that staff supports the subdivision and
feels that, with conditions as outlined in the Planning Board resolution, it can be appropriately
completed.
The Associate Planner noted that one of the major concerns is the traffic that will be
generated on West Oak Street and North 19th Avenue. In light of the additional traffic volume,
it is anticipated that additional lanes will be needed to accommodate turning movements. He
also noted that staff is recommending realignment of roadways within the development to
minimize impacts on the stream and the wetlands.
The Associate Planner stated the applicant has requested that he be allowed to begin
. construction on one of the major buildings prior to completion of all the infrastructure, and staff
is supportive of that request. He then indicated that staff has some proposed language to
address the intersection of North 19th Avenue and Baxter Lane.
Responding to Commissioner Rudberg, Assistant City Manager Brey suggested that
language be added to Condition No. 28 to state".. .including, but not limited to, North 19th
Avenue and its Oak, Tschache and Baxter intersections".
Mr. Dave Hutchinson, Grant Creek Partners, indicated a willingness to accept the
addition to conditions as forwarded by the Assistant City Manager, as it pertains to Oak Street
and Tschache Lane. He questioned, however, how Baxter Lane can be associated with this
project, since the parcel under consideration does not extend that far north.
. Responding to Commissioner Rudberg, Mayor Stiff stated that signalization of the
intersection of North 19th Avenue and Baxter Lane will require modifications to the North 19th
Avenue roadway itself, making it a much larger project than signalization of the other
intersections. He then forwarded his position that signalization of the intersections of North
19th Avenue with Baxter Lane, West Oak Street and Durston Road should be viewed as a
single project rather than separately. He noted that, with the impending development of
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StoneRidge, Gallatin Center and this project, it is important to ensure that each is required to
provide a proportionate share of the improvements needed along this corridor.
Further responding to Commissioner Rudberg, Associate Planner Saunders stated it
would be difficult to identify the impacts of a small project, but the impacts of this project can
. be more readily determined. He then stressed the importance of ensuring the fairness of
conditions imposed on any project.
Assistant Planning Director Debbie Arkell noted that the traffic study on North 19th
Avenue extends from Durston Road to the interstate, and addresses the entire corridor,
including road improvements, rather than dwelling on each specific intersection.
Responding to Commissioner Frost, the Associate Planner estimated that $ Y<t. million
has been received in street impact fees to date.
Commissioner Rudberg stated she does not feel it is appropriate to consider the
intersection of Baxter Lane and North 19th Avenue; rather, the Commission should concentrate
on the intersection of West Oak Street and North 19th Avenue when considering this
application.
. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the preliminary plat for the Bridger Peaks Town Center, as requested by
Grant Creek Partners for Philip Saccoccia, Jr., under Application No. P-9833, under which
42.24 acres known as Tracts 4A and 4B, Certificate of Survey No. 1215A, are to be
subdivided into four phases and thirteen commercial lots, subject to the following conditions:
1. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed
to remove solids, silt, oils, grease and other pollutants from the runoff
from the private and public streets and all lots must be provided to
and approved by the City Engineer.
The master plan must depict the maximum sized retention basin
location, show location of and provide easements for adequate
drainage ways within the subdivision to transport runoff to the
. stormwater receiving channel. The plan shall include sufficient site
grading and elevation information (particularly for the basin site,
drainage ways and
finished lot grades), typical stormwater
detention/retention basin and discharge structure details, basin sizing
calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be
designed and constructed to be conducive to the normal use and
maintenance of the open space.
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While the runoff from the individual Jots will be dependent on the
intensity of use on each lot, the maximum sizing of the storm
retention facilities for each lot will be established based on maximum
site development. Final facility sizing may be reviewed and reduced
during design review of the final site plan for each lot.
The applicant is advised that although the submitted plan has been
. preliminarily reviewed and is acceptable in concept, the plan will be
evaluated further upon review of the infrastructure and final site plan
for the subdivision. The applicant is encouraged to utilize
a
combination system of underground storm drains and the proposed
swales within the parking lot on the west side of the buildings to
allow patrons to walk from the parking lot to the building without
crossing a "stream" during minor rain events and snow melting.
A detailed site grading plan for Phases I and II shall be provided for
approval with the initial final site plan submittal. The grading plan
shall account for the development of the future phases and provide a
phasing schedule for the installation of the stormwater improvements.
2. Plans and specifications and a detailed design report for water and
sewer main extensions, storm sewer and the public street, prepared
by a Professional Engineer, shall be provided to and approved by the
City Engineer and the Montana Department of Environmental Quality.
The applicant shall also provide professional engineering services for
construction inspection, post-construction
certification, and
preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and
specifications have been approved and a pre-construction conference
. has been conducted.
With exception of the in-line structure proposed on Lots 2, 5, 8, and
11, no building permits shall be issued prior to substantial completion
and City acceptance of the required infrastructure improvements.
Prior to issuance of a building permit for Lots 2, 5, 8, and 11
"approvable" infrastructure plans, including streets, sidewalks, storm
drainage, sewer, water, and signal plans for Phases I and II of the
subdivision shall be submitted to the City Engineer and all water and
sewer mains must be installed and accepted by the City.
The curvilinear water mains drawn on the preliminary plat plans are
difficult to install per City standards. All water mains 500 feet or
longer must be looped. All ties to existing water and wastewater
infrastructure must be verified as to exact location and depth by the
developer.
3. All infrastructure improvements including 1) water and sewer main
extensions, and 2) public streets, curb/gutter, sidewalks and related
storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to final plat approval.
. City standard sidewalks or an acceptable alternative sidewalk shall be
constructed on all public street frontages of the property.
4. The Oak Street drive approaches shall be constructed in accordance
with the City's standard approach (Le., concrete apron, sidewalk
section and drop-curb) and shown as such on the final site plan. A
City Curb Cut and Sidewalk Permit shall be obtained prior to final site
plan approval. MDT approval of all approaches onto North 19th
Avenue and West Oak Street shall be obtained prior to construction.
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5. The Montana Fish, Wildlife and Parks, NRCS, Montana Department of
Environmental Quality and Army Corps of Engineers shall be contacted
regarding the proposed project and any required permits (i.e., 310,
404, Turbidity exemption, etc.) shall be obtained prior to final site plan
approval. Copies of the approvals shall be submitted with the final
site plan.
6. Ditch relocation:
. a. The Montana
Fish, Wildlife and Parks shall be
contacted by the applicant regarding the proposed
relocation and any required permits (i.e., 310, 404,
Turbidity exemption, etc.) shall be obtained prior to
final site plan approval.
7. Easements for the water and sewer main extensions shall be a
minimum of 30 feet in width, with the utility located in the center of
the easement. In no case shall the utility be less than 10 feet from
the edge of easement.
8. Prior to platting of Phases III and IV, the applicant shall obtain an
easement across the adjacent property for the extension of North 15th
Avenue to Tschache Lane. North 15th Avenue from West Oak Street
to Tschache Lane and Tschache Lane adjacent to Phases III and IV
shall be constructed or financially guaranteed prior to platting of Phase
III and/or Phase IV.
9. Sewer services for Lots 4, 6, 7, 9 and 10 shall not connect to the
existing 24-inch interceptor sewer but, instead, shall be connected to
. local sewer mains installed be the developer.
10. If adequate grade exists for the sewer main to be installed in Tschache
Lane to be extended further to the east, the developer shall install the
line to the east property line of Phase III with the improvements for
Phase IV of the subdivision.
11 . The accesses off West Oak Street shall be redesigned so that the
entrance nearest North 17th Avenue aligns with North 17th.
12. Applicant shall provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of SIDs for the
following:
a. Street improvements to North 15th Avenue and
Tschache Lane, adjacent to the subdivision, including
paving, curb/gutter, sidewalk and storm drainage.
b. Signalization and intersection improvements of the
intersections of Tschache Lane and North
19th
Avenue, North 15th Avenue and Oak Street and the
. proposed private access and North 19th Avenue.
13. Prior to filing of any plat, the intersection improvements and
signalization of the intersection of North 19th Avenue and West Oak
Street to bring the level of service of the intersection to a level "C",
considering a 15 year design
time frame, shall be
financially
guaranteed or constructed. Prior to opening of any of the buildings in
the in-line structure on Lots 2, 5, 8, and 11, and prior to issuance of
building permits for any other lot, the improvements and signal shall
be in place and operational.
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14. West Oak Street shall be widened to include a second westbound lane
and curb and gutter in accordance with plans available from the office
of the City Engineer for the full length of the property prior to filing of
the final plat for Phase I. The developer's engineer shall provide for
the design of the storm drainage facilities for the widening. The
applicant may choose to financially guarantee these improvements.
If the improvements are financially guaranteed, no building permits,
. with the exception of the permits for Lots 2, 5, 8, and 11 shall be
issued prior to completion and City acceptance of the improvements.
The proposed structures on Lots 2, 5, 8, and 11 shall not be opened
until such time as the improvements are completed and accepted by
the City and the Montana Department of Transportation.
15. The applicant's engineer shall evaluate the locations of the proposed
accesses onto West Oak Street with respect to the needed dedicated
left hand turn bays for both the proposed accesses and North 19th
Avenue and, if the turn bays are in conflict, the entrances shall be
relocated to accommodate the turn bays.
16. The applicant shall be responsible for the installation of all needed
traffic striping and marking on both North 19th Avenue and West Oak
Street for the needed left hand turn bays and other improvements.
The applicant shall be responsible for the installation and operation
and maintenance of intersection lighting at all private and public
approaches on North 19th Avenue and West Oak Street.
17. All improvements to North 19th Avenue identified in the submittal,
and as approved and/or required by MDT, shall be constructed or
financially guaranteed with Phase I of the development. No buildings
. shall be opened prior to completion and Montana Department of
Transportation and City acceptance of the improvements.
18. Prior to filing of the plat, the applicant shall make full payment for the
Oak Street Water Line Payback Area and Baxter Lane/Hampton Inn
Sewer Main Payback Area if, at the time of filing of the plat, the
payback district{s) are created. If the payback district{s) are not
created at the time of plat filing, the applicant shall be responsible for
the full payment at the time of creation.
19. Prior to filing of the plat for Phase'" and/or Phase IV, the applicant
shall complete an additional warrant analysis for the intersection of
North 19th Avenue and Tschache Lane. If a signal is warranted, the
plat cannot be filed until such time as a signal and associated
intersection improvements are in place or financially guaranteed.
20. Prior to opening of the proposed structures on Lots 2, 5, 8, and 11 all
improvements required for Phase I and Phase II of the subdivision shall
be constructed and operational including 1) water and sewer main
extensions, 2) public/private streets, curb/gutter, sidewalks and
related storm drainage
infrastructure and 3) intersection and
. signalization improvements to the intersection of West Oak Street and
North 19th Avenue.
21. All provisions of the subdivision and zoning regulations which are not
specifically waived in the preliminary approval of the plat and plan
shall be complied with.
22. The developer shall have two (2) years from the date of preliminary
approval to complete the conditions, conform to all regulations, and
submit a complete application for final plat and final plan approval.
This approval period may be extended by the City Commission upon
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request of the applicant for a period to not exceed a total of five
years. The developmental guidelines and master plan for Phases III
and IV shall be approved for a period of five years. The approval of
the guidelines may be extended upon request of the applicant to the
City Commission.
23. The final plat shall conform to all requirements of the Bozeman Area
. Subdivision Regulations and
the Uniform Standards
for Final
Subdivision Plats, and
shall be accompanied by all
required
appropriately worded certificates and a Platting Certificate.
The final
application shall include two signed clothbacked, or equivalent, copies;
two signed reproducible copies on a stable base polyester film, or
equivalent; two digital copies on 3 %-inch DS/DD diskettes; and five
(5) paper prints. The final plan shall conform to all requirements of
Chapter 18.54 of the Bozeman Municipal Code.
24. Water rights shall be provided as agreed to in the Annexation
Agreement filed on Page 080, Film 98 at the Gallatin County Clerk
and Recorder's Office.
25. The proposed covenants and improvements agreements shall be filed
as part of the final plat.
26. The proposed covenants shall be filed at the Gallatin County Clerk and
Recorder's Office as part of the final plat. The City of Bozeman shall
be a party to the covenants such that the covenants may not be
revoked or substantially modified without the consent of the City of
Bozeman. The City shall be party to those provisions of the
covenants relating to Lot Access; Easements; Architectural, Signage,
. and Landscaping Guidelines; and those portions of the Liens section
which relates to the maintenance of the required open space.
Revocation of Article IV, Easements, shall require either the replatting
of the subdivision to provide for public access to all lots or the filing,
with City of Bozeman agreement, of separate easements to provide
for the legal and physical access required by Section 76-3-608,
M.C.A., and its successors.
27. Tschache Lane and North 15th Avenue shall be constructed prior to
the occupation and use of Lots 12 and 13.
28. As required by the Montana
Department of Transportation, a
combined traffic impact statement that collectively reviews all impacts
and provides alternatives which will protect the integrity and safety of
the North 19th Avenue corridor shall be prepared and presented to
them. Any mitigation required in that study must be completed by the
developers, as required by the Department. This study must be
completed prior to the filing of the final plat for Phase I, and the
findings and requirements of the Department complied with prior to
filing of the phase(s) said improvements are required.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff;
those voting No, none.
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The Gallatin Center - Gallatin Center Limited Partnership - Conditional Use Permit for Planned
Unit Development for development of 142::!: acres known as Tract C-1 A. Certificate of Survey
No. 1979. and Tracts C-2. D-1 and D-2. Certificate of Survey No. 1827 (2-98119)
This was the time and place set for review of the Conditional Use Permit for The
Gallatin Center, as requested by the Gallatin Center Limited Partnership, under Application No.
. 2-98119, for development of a 27-lot commercial/industrial/business park planned unit
development on 142:t acres known as Tract C-1 A, Certificate of Survey No. 1979, and Tracts
C-2, 0-1 and 0-2, Certificate of Survey No. 1827. The subject property is located along the
west side of North 19th Avenue between Valley Center Road and Baxter Lane.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
the applicant is seeking both a zoning planned unit development and a subdivision planned unit
development under this agenda item and the next agenda item. She stated that this planned
unit development is designed to accommodate a variety of retail, commercial, industrial and
office uses on 27 lots and, in fact, the site plan for a Target store on lot 8 is proposed in
conjunction with these applications.
Assistant Planning Director Arkell stated that this proposal will provide 80-foot-wide
. stream corridors along East and West Catron Creeks, a 50-foot to 70-foot-wide landscaped
buffer along North 19th Avenue and a 55-foot-wide landscaped buffer along Baxter Lane. She
noted that an 8-foot-wide concrete pedestrian way is to be provided within the landscaped
buffers.
The Assistant Planning Director stated that all streets within the development are to
be constructed within dedicated 60- to 65-foot rights-of-way but will not be constructed to
City standards and will be maintained by the owners' association. She stated the project is to
be developed in four major phases, over a period of fifteen to twenty years. Phase I is located
near the intersection of Valley Center Road and North 19th Avenue, with future phases
extending southward toward Baxter lane. She indicated that, in light of the number of
. improvements that must be made to the site, the applicant proposes to financially guarantee
an Improvements Agreement so construction can begin on the Target store.
Assistant Planning Director Arkell stated the applicant is seeking several relaxations
that will:
(1 ) allow zero side yard setbacks, to give flexibility for the location of
future structures and encourage clustering of buildings;
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(2) allow an increase in the size and number of freestanding signs at entry
locations to the development;
(3) allow the temporary cul-de-sac on Deadman's Gulch to exceed 500
feet;
(4) allow a building permit for the Target store without completion of
infrastructure and site improvements and prior to filing of the final plat
. for the subdivision;
(5) allow a reasonable installation sequence of sidewalks; and
(6) use alternate paved road standards, with no curb or gutter.
The Assistant Planning Director noted that installation of the Northwest Waterline is
scheduled for completion in June or July 1999, and the Target store is scheduled to open
during the summer of 1999.
Assistant Planning Director Arkell noted that, since the subject property is located
within the North 19th Avenue/West Oak Street corridor, it must comply with those regulations
and must go through the planned unit development process. She noted that the master plan
requires 30-percent open space for planned unit developments, although that percentage may
be decreased to 25 percent in this corridor if the proposal meets the twelve criteria by which
. such requests are evaluated. She stated that the applicant is seeking a 2.3-percent reduction
in this instance, with 27.7 percent open space being provided along the wetlands, stream
corridors and streets. She noted that staff has reviewed this request and identified seven
conditions to recommend in conjunction with approval of the reduction.
The Assistant Planning Director stated that the City.County Planning Board conducted
its public hearing on this application at its August 19 meeting. Following the public hearing,
at which the main issue was the location of North 27th Avenue, the Board forwarded its
recommendation for approval, subject to several conditions.
The Assistant Planning Director turned her attention to the alignment of North 27th
Avenue, noting that Thomas Drive is currently located on the western side of the alignment.
She noted that the North 27th Avenue corridor between Durston Road and West Oak Street
. is being developed as a collector street, with 55 feet of right-of-way on each side of the section
line. She stated that, because of the high voltage powerline located in the right-of-way, a 20-
foot median is being proposed under the power line. She noted that Thomas Lane, which
extends north from Baxer Lane, is located in a 30-foot-wide street dedication, with a 20-foot-
wide easement adjacent to that street dedication. She stated that City staff feels it would be
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appropriate to locate the southbound lane of North 27th Avenue along the Thomas Lane
alignment; however, following the public hearing and consideration of the concerns raised, the
Board determined that curving the roadway so it lies east of Thomas Lane would be more
appropriate.
. Assistant Planning Director Arkell turned her attention to questions raised by the
Commission at last week's agenda meeting, pertaining to pedestrian circulation, landscaping
along Catron Creek and lighting. She suggested that a condition be added regarding the
landscaping along Catron Creek and that a condition be added to require that the covenants be
amended to include provisions regarding lighting.
Mr. Gene Graf, applicant, stated that they began planning for this development in
1990, and have consistently envisioned this project as a green corridor into the city. He noted
that one of the first steps they took was to retain outside expertise and develop a set of
covenants that would assure development of this commercial property in a business park type
setting. He acknowledged that the plan being submitted is more oriented toward retail than
originally planned, in response to Costco being the first to develop on this property. He
. stressed his interest in ensuring that the greenway corridor is maintained, particularly along the
creeks. He also noted that the greenway corridor along North 19th Avenue has been expanded
to at least 75 feet, with berming to further minimize the visual impacts of development. He
then reviewed his plans to relocate portions of both Catron Creek and Catron Creek West to
provide for an even more attractive development.
Mr. Graf recognized the concerns which residents along Thomas Lane have raised
about the extension of North 27th Avenue, stating that when the street will be extended is
unknown at this time. He also suggested that a two-lane road will be acceptable for a long
time.
Mr. Graf stated that the "power center" which will be generated with Costco and
Target is different from what he had originally envisioned, which was commercial development
. comprised of smaller stores. He indicated that smaller stores will still be constructed along
North 19th Avenue with the larger stores being constructed along the western portion of the
site.
Mr. Steve Hanley addressed the architecture of power centers, noting they are
different from the typical neighborhood retail type concept. He stated that power centers are
09-08-98
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comprised of discount retailers who like to develop together and generate vehicular traffic from
a large geographic area. He noted that they can provide a pedestrian access easement if
determined necessary because of the overall development, but he cautioned it will not be a very
useful feature of the Target site and asked that it be located where pedestrians will not be in
. direct conflict with the high level of vehicular traffic.
Mr. Hanley stated that the new Target store is to be built of brick, with different
colors, texture and materials to help break up the mass of the structure. He noted that
the
main entrance to the store is to be identified with stucco. He then indicated he has no problem
with installing a lighting system that complies with the City's zone code, although it is
important to ensure the lighting is adequate for security purposes. He then indicated that the
lighting for the site has been designed to meet the 20-foot height limitation for light standards
and indicated that smaller caliper trees will be planted in the parking lot so they don't block the
light from these fixtures, with larger trees being planted around the perimeter.
Responding to Commissioner Frost, the Assistant Planning Director affirmed that, if the
Commission wishes, a new subsection should be added to Condition No. 3, similar to the
. added condition to Bridger Peaks. She then indicated that the condition in the memo from the
City Manager should be added to the subdivision, not this zoning application.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Conditional Use Permit for The Gallatin Center, as requested by the
Gallatin Center Limited Partnership, under Application No. Z-98119, for development of a 27-lot
commercial/industrial/business park planned unit development on 142:t acres known as Tract
C-1 A, Certificate of Survey No. 1979, and Tracts C-2, D-1 and D-2, Certificate of Survey No.
1827, subject to the following conditions:
1. GENERAL PUD CONDITIONS:
a. The developer shall have two (2) years from the date
of preliminary approval to complete the conditions,
conform to all regulations, and submit a complete
. application for final PUD plan approval. This approval
period may be extended by the City Commission
upon request of the applicant for a period to not
exceed a total of five (5) years.
Seven copies of the final PUD plan showing how all
conditions of approval will be addressed must be
submitted. This
submittal must include final
Development Guidelines and Covenants, which must
be filed at the Clerk and Recorder's Office, and a final
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landscape/open space plan. The final plan must
comply with the submittal requirements of Section
18.54.060.C of the June 1996 zone code. An
Improvements Agreement must be signed by the
applicant prior to final PUD plan approval. With the
exception of the Target store, no building permits will
be issued until the final PUD plan is approved and
substantial completion and acceptance of the required
. infrastructure improvements. If occupancy of any
structure within any phase of the development is to
occur prior to
completion of all required
improvements, the Improvements Agreement shall be
financially guarantee as outlined in the zone code to
secure the improvements required for the affected
phase.
b. The final PUD plan shall clearly show that the trail in
"The Fen" will continue along the north sides of Lots
5 and 7, Block 1, along the Catron Street frontage,
and that it will not turn into a formal sidewalk in
these locations.
2. OPEN SPACE CONDITIONS: The required 30% open space may be
reduced to 27.7% subject to the following conditions:
a. The PUD open space plan shall be amended to
address the development of Common Open Space
Parcels 1 and 2, which, at a minimum shall include
landscape and seating along the trail. The final plan
. shall provide details of development of the open
space areas including:
amenities (landscape,
furniture), when the area will be developed, and by
whom. If the area is to be developed by the owners'
association, special provisions for the development
must be included in the Covenants.
b. Installation and maintenance of streetscape furniture
along the greenway corridors should be added to the
open space plan.
c. Changes in texture and use of materials shall be
installed at the intersection of the sidewalk along the
North 19th corridor and Seitz Street, Deadman's
Gulch and Burke Street, at the intersection of the
West Catron Creek corridor trail and Seitz, Minteer,
and Deadman's, and at the intersection of The Fen at
Deadman's and Burke. These improvements should
be done as each street is constructed.
d. The Guidelines shall be amended to more specifically
state when landscape improvements will be made,
. and by whom.
The final plan must ensure that at least 1 5 % of the
e.
entire development, 21.247 acres, is held in common
ownership of the property owners' association, or is
in the form of common open space easements
granted to the property owners' association.
f. The Landscape Guidelines shall be amended to ensure
the requirements of Section 18.54.110.G of the
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North 19th Avenue/West Oak Street Plan is met,
which provides more details regarding the formal
streetscape (e.g., one large canopy tree, at regular
intervals of 50 feet on center) and the greenway
corridor landscape requirements. These requirements
should be added to Section B of the General Design
Guidelines.
. g. Development and installation of the educational and
interpretive signage
shall be installed by
the
developer. The final plan must provide details of
when and where the signs will be installed.
3. DEVELOPMENT GUIDELINES/COVENANTS. The
Development
Guidelines and Covenants shall be amended as follows:
a. Page 5. A. aDen SDace: If no dedicated open space
is provided within the development, this section
should eliminate the wording that "Dedicated open
space will be provided..." to avoid any confusion
between publicly dedicated and commonly owned
open space. The two "common open space" lots
shall be owned and maintained by the property
owners association. All other open space which is
provided in easements on privately owned lots shall
be adequately and properly depicted on the final PUD
site plan and final subdivision plats.
b. Casinos shall be eliminated from the permitted use
list.
. c. As recommended by the Design Review Board, the
final PUD plan
must include revised graphic
representations of unifying themes for the PUD which
must be submitted to and approved by the DRB prior
to final plan approval.
d. The DRC recommends that the PUD Architectural
Review Committee include planners and/or architects.
e. The Covenants shall be amended to include the City
of Bozeman as a party to the covenants to ensure
that the Covenants
may not be revoked
or
substantially modified without the consent of the
City. Specifically, the City shall be a party to those
provisions in the Covenants relating to architectural
design, signs, and landscape guidelines.
f. Section J of the Sign Guidelines must include the sign
location drawing referred to in the text.
. g. A detail of the lighting fixtures shall be submitted to,
and approved by, the Planning Office. No part of the
luminaire or lens shall protrude below the shield, and
any lighting used to illuminate the off-street parking
area shall be arranged so as to deflect light down
and/or away from any adjoining residential district
and shall not detract from driver visibility on adjacent
streets.
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4. CONDITIONS APPLICABLE TO THE TARGET STORE:
a. Seven copies of a final site and landscape plan
showing how all conditions of approval pertinent to
the Target store will be addressed must be submitted
to the Planning Office within six (6) months of City
Commission approval of this PUD and PRIOR TO
ISSUANCE OF A BUILDING PERMIT that adequately
. addresses the conditions of approval of this site plan.
The site plan must
be adequately dimensioned
(parking space, driving aisle, access, etc).
An Improvements Agreement must be signed by the
developer of the Target store prior to final site plan
approval, and a building permit must be obtained
within one year of final site plan approval. A building
permit will not be issued until the final site plan is
approved. If occupancy of the structure is to occur
prior to completion of all required improvements, the
Improvements Agreement
shall be financially
guarantee as outlined in the zone code to secure the
improvements not yet completed. Parking lot paving
cannot be financially guaranteed.
b. Prior to issuance of a building permit for the Target
store, "approvable" infrastructure
plans for all
infrastructure associated with the Target store shall
be submitted to the City Engineer. The Target store
may not open until it is served by City sewer and
water services.
. c. A warrant study for the intersection improvements
and signalization of the intersection of Catron Street
and Valley Center Road shall be prepared by the
applicant's professional engineer and submitted to the
City Engineer. Prior to filing the plat for Phase I
and/or Phase II and/or the opening of Target to the
general public, intersection
improvements and
signalization of the intersection of Catron Street and
Valley Center Road shall be completed, in order to
raise the level of serve to a level of "c" for the design
year which shall be 15 years following construction,
unless MDT and the City Engineer determine that
improvements are not required based on the warrant
study. If the signal is warranted with the addition of
traffic from the Target store, the signal must be
installed before the opening of the store to the public,
and cannot be financially guaranteed.
d. Prior to opening of the Target store, all infrastructure
as outlined for Phase I of the subdivision shall be
. completed, including
1 ) water and sewer main
extensions, 2) public/private streets, sidewalks, and
related storm drainage infrastructure improvements,
and 3) the signal and associated improvements (if
required pursuant to a Condition No. 4c) shall be
constructed and operational. Items related to the
store opening which may be financially guaranteed
with an Improvements Agreement include: parking lot
landscape; landscape
and sidewalk along the
perimeter of the store (Max Avenue and Catron
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Street), final construction of drainage retention/
detention facilities (preliminary grading must
be
completed). All items to be financially guaranteed
must be approved by the Development Review
Committee. If City water and/or sewer mains are
extended to serve the Target store, appropriate
written utility easements must be submitted to and
accepted by the City Engineer Q.[ the final plat of
. Phase I which shows the appropriate easements filed,
prior to opening of the Target store.
e. The access drive at the rear of the Target store shall
be a minimum of 30 feet wide with a cul-de-sac on
the south end of the drive for emergency vehicle use.
f. The formal streetscape along Carton Street that
began with Costco and was continued with the
Wingate Inn must be continued along Catron Street.
g. The final landscape plan must provide details of
species of trees and shrubs that shall be planted on
the berms along Max Avenue.
h. The landscape islands within the parking lot shall be
grouped together to form fewer, larger landscape
islands.
i. A minimum 6-foot-wide planter shall be installed at
the south end of the Target parking lot to aid in
. providing a visual break between the Target parking
lot and the future parking lot to the south. This
planter shall be shown on the final planned unit
development plan.
j. The final landscape plan must show details of the
planters in front
of the building, including
construction materials, elevations,
and plant
materials, and the planters shall be moved away from
the building and be more centered in the sidewalk
area. Seating shall be added to this area.
k. The final landscape plan must incorporate the stream
corridor landscape design of the PUD Development
Guidelines, particularly details 9/10 and 10/1 A, along
the entire length of the West Catron Creek stream
corridor adjacent to the Target lot.
I. The final plan must provide details of the building
mounted lights. These lights shall direct light down,
and not direct light to adjoining properties or streets.
The style of light currently used on the Costco
. building is not acceptable.
m. The final plan must provide details of the location and
design of a bike rack and garbage enclosure,and must
provide the adequate number of disabled parking
spaces. These spaces must be appropriately signed,
as must the compact car spaces next to the internal
landscape islands. Two percent of the total number
of parking spaces must be designated disabled
accessible. The signs must read "Permit Required
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$100 Fine". Disabled spaces must be located in
a
convenient location.
n. Water rights or cash in lieu shall be paid to the City
of Bozeman,
as detailed in the Annexation
Agreement, prior to the opening of the Target store
if the opening occurs prior to filing the final plat for
Phase I of the subdivision.
. o. A building permit will not be issued for the Target
store until an adequate supply of water for fire-
fighting, as determined by the Fire Marshal,
is
provided to the site.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff;
those voting No, none.
The Gallatin Center - Gallatin Center Limited PartnershiD - Dreliminarv Dlat to subdivide 142:1::
acres known as Tract C-1A. Certificate of Survey No. 1979. and Tracts C-2. 0-1 and D-2.
Certificate of Survey No. 1827. into 27 lots for commercial/industrial/business Dark uses
(P-9834)
This was the time and place set for review of the preliminary plat, as requested by the
. Gallatin Center limited Partnership, under Application No. P-9834, to subdivide 142:1:: acres
known as Tract C-1 A, Certificate of Survey No. 1979, and Tracts C-2, D-1 and 0-2, Certificate
of Survey No. 1827, into 27 lots for commercial/industrial/business park uses. The subject
property is located along the west side of North 19th Avenue between Baxter Lane and Valley
Center Drive.
Assistant Planning Director Debbie Arkell presented the staff report. She noted that,
at its meeting held on August 18, the Planning Board conducted the public hearing on this
preliminary plat and, once again, a majority of the public comment pertained to the placement
of North 27th Avenue and its geometric design. She noted that an August 21 memo from
Project Engineer James Nickelson addresses the required geometric design for that roadway.
She then indicated that, following its public hearing and consideration of the criteria and
. comprehensive staff findings, as contained in the written staff report, the Planning Board
recommended approval of this preliminary plat, subject to nineteen conditions.
Mr. Gene Graf, applicant, indicated he has no additional comments.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
the Commission approve the preliminary plat, as requested by the Gallatin Center limited
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Partnership, under Application No. P-9834, to subdivide 142:t: acres known as Tract C-1 A,
Certificate of Survey No. 1979, and Tracts C-2, 0-1 and 0-2, Certificate of Survey No. 1827,
into 27 lots for commercial/industrial/business park uses, subject to the following conditions:
1. The approval of this subdivision/zoning PUD is based on the proposal
contained in the submittal application received by the City-County
. Planning Office on June 29, 1998.
This approval includes the
relaxation of the following regulations.
All provisions of the
Subdivision and Zoning regulations which are not specifically waived
under this condition shall be complied with:
a. Up to a zero side yard setback, to give flexibility for
the location of future structures and encourage
clustering of buildings.
b. Increase in size and number of freestanding signs
proposed at the entry locations to the development.
Individual lots/buildings would be restricted to the
square footage of signs permitted in the Sign Code.
c. Allow the temporary cul-de-sac on Deadman's Gulch
to exceed 500 feet.
d. Allow a building permit for the Target store on Lot 8,
Block 1, without the completion of site sewer and
water improvements and prior to filing of the final
plat for
the subdivision only if
adequate fire
. protection is provided, as required by the Fire Marshal
for the Target store. The Target store may not open
to the public until adequate municipal water and
sewer infrastructure
and appropriate access
is
provided to the site.
e. Allow a
reasonable installation sequence
of
sidewalks, due to the long term nature of the project.
f. Use alternate paved road standards, with no curb or
gutter.
2. The final subdivision plat shall conform to all requirements of the
Bozeman Area Subdivision Regulations (August 1997 version) and the
Uniform Standards for final subdivision plats, show all existing and
new easements, all existing applicable restrictions as shown on Minor
Subdivision No. 210,
and be accompanied by
all appropriate
documents, certification by the State Department of Environmental
Quality Subdivision Program, a final platting certificate, all required
certificates, and utility statement. The Certificate of Dedication must
indicate that the roadways dedicated to the public are accepted for
public use, but the City accepts no responsibility for maintaining the
. same, and that the owners agree that the City has no obligation to
maintain the roads hereby dedicated to public use.
Appropriate
Certificates of Mortgagees must be signed by all lien holders on the
property. 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 Y:z -inch floppy disk.
3. The developer shall have three (3) years from the date of preliminary
plat approval to complete the conditions, conform to all regulations,
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and submit a complete application for final plat approval for All
PHASES of the subdivision. This approval period may be extended by
the City Commission upon request of the applicant as permitted in the
subdivision regulations.
4. The final PUD plan must be submitted to and approved by the City,
and the approved Development Guidelines and Covenants filed with
or prior to filing a plat for any phase of the subdivision.
. 5. The final plat of each phase shall eliminate the proposed use of
blocks, as the block layout is associated with phases and not with the
true alignment of blocks. The use of continuous lot numbers with no
block numbers is acceptable in this instance.
6. Stop and street marker signs shall be installed at the intersections of
subdivision streets with Valley Center Road, North 19th Avenue,
Baxter lane, and North 27th Avenue, as required during plan and
specification review by the City Engineer. No building permits, with
the exception of the Target store, will be issued until street marker
signs are installed for the street on which the building permit is
located.
7. The property owner shall provide and file with the final subdivision
plat of Phase I a Waiver of Right to Protest Creation of SIDs that is
applicable to the entire subdivision for the following improvements.
a. Signalization of the Valley Center Road/North 19th
Avenue intersection
b. Signalization of the Catron Street/Valley Center Road
. intersection
c. Street improvements to North 19th Avenue and
Valley Center Road
d. To bring interior streets up to City standards, if
necessary/desired
e. The creation of a city-wide park maintenance district
f. I ntersection/signalizationimprovementsto Dead man's
Gulch and North 19th Avenue
g. Installation of additional southbound lanes on North
19th Avenue
The Waiver shall specify that in the event SIDs are not utilized for the
completion of these projects, the property owner(s) shall agree to
participate in an alternate financing method for completion of said
improvements on a fair share, proportionate basis as determined by
the square footage of the property, linear front footage of the
. property, taxable valuation of the property, or combination thereof.
Said Waiver shall be a covenant running with the land and shall not
expire.
8. Prior to application for final plat approval, the subdivider shall enter
into a Memorandum of Understanding with the Gallatin County Weed
Control District, and a copy of the signed document shall be submitted
to the Planning Office with the final plat application. A Covenant
shall be placed on the final plat requiring the property owner(s) and/or
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property owners' association to be responsible for the control of
County declared noxious weeds.
9. A Stormwater Master Plan for the subdivision for a system designed
to remove solids, silt, oils, grease, and other pollutants from the runoff
from the private and public streets and all lots must be provided to
and approved by the City Engineer prior to final plat approval of Phase
I. This plan must address the issues identified by the Montana
. Department of Transportation in an August 4, 1998 letter to the
Planning Office, and the plan may be submitted by the City Engineer
and, at his discretion, to MDT for their approval.
The master plan must depict the maximum sized retention basin
location, and show location of and provide easements for adequate
drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site
grading and elevation information (particularly for the basin site,
drainage ways and
finished lot grades), typical
stormwater
detention/retention basin and discharge structure details, basin sizing
calculations and a stormwater maintenance plan. Any stormwater
ponds located within park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of
the open space. While the runoff from the individual lots will be
dependent on the intensity of use on each lot, the maximum sizing of
the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and
reduced during design review of the final site plan for each lot.
The applicant shall provide a phasing schedule for the installation of
the stormwater improvements with the infrastructure plans.
. 10. Plans and specifications and a detailed design report for water and
sewer main extensions, storm sewer and the public/private streets,
prepared by a Professional Engineer, shall be provided to and approved
by the City Engineer and the Montana Department of Environmental
Quality. The applicant shall also provide professional engineering
services for construction inspection, post-construction certification,
and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and
specifications have been approved and a pre-construction conference
has been conducted.
With the exception of the Target store, no building permits shall be
issued prior to substantial completion and City acceptance of the
required infrastructure improvements. Prior to issuance of a building
permit for the Target store, approvable infrastructure plans for all
infrastructure associated with the Target Store shall be submitted to
the City Engineer.
11. All infrastructure improvements including al water and sewer main
extensions (with the exception of those proposed to be installed by
. SID 6651, and b) public streets, sidewalks, and related storm drainage
i nfrastructu re improvements, shall
be financially guaranteed or
constructed prior to final plat approval for each phase.
City standard sidewalks shall be constructed on all street frontages
one foot off the property line, or otherwise as approved by the City
Engineer, with the exception of the North 19th Avenue walk where
the proposed trail will be utilized, at the time of development of each
lot. The developer shall
install, or financially guarantee,
all
sidewalks/trails prior to filing of the final plat for each phase.
City
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sidewalk permits must be obtained, if applicable, prior to installation
of the sidewalks.
12. The Montana Fish, Wildlife, and Parks; Natural Resource Conservation
Service; Montana Department of Environmental Quality; and Army
Corps of Engineers shall be contacted by the applicant regarding the
proposed project, and any required permits (Le., 310, 404, Turbidity
exemption, etc.) shall be obtained for the subdivision work as well as
. for the creek relocations. Copies of the permits, or letters indicating
permits are not required, must be submitted to the Planning and/or
Engineering Offices prior
to commencement of
infrastructure
construction or creek relocation. A 35-foot setback from the mean
high water mark of all streams must be shown on all final plats.
13. Easements, a minimum of 30-feet wide, for the water and sewer main
extensions not located within public right-of-way shall be provided to
the City Engineer prior to installation of the utility. The utility shall be
located in the center of the easement, and in no case shall the utility
be less than 10 feet from the edge of an easement.
14. All streets in the subdivision shall be privately maintained by the
property owners' association, and the property owner documents
must include a mechanism to finance the maintenance.
15. As required by the Montana
Department of Transportation, a
combined traffic impact statement that collectively reviews all impacts
and provides alternatives which will protect the integrity and safety of
the North 19th corridor shall be prepared and presented to them. Any
mitigation required in that study must be completed by the developers,
as required by the Department. This study must be completed prior
. to the filing of the final plat for Phase I, and the findings and
requirements of the Department complied with prior to filing of the
phase(s) said improvements are required.
16. Prior to filing the plat for Phases III and IV, intersection improvements
and signalization of the intersection of North 19th Avenue and Baxter
Lane shall be completed in order to raise the level of service to a level
of "C" for the design year which shall be 15 years following
construction of the improvements. If, at the time of platting Phases
II and IV a signal is in place, the applicant shall submit a traffic study
that evaluates the level of service and if the level of service is below
a level of "D" the plat shall not be filed until intersection and/or signal
improvements are completed, or financially guaranteed, to raise the
level of service to level "C" for the design year. No building permits
will be issued for Phases III and IV until the signal and intersection
improvements are operational.
17. Unless previously completed for the Target store, prior to filing the
plat for Phase I and/or Phase II, intersection improvements and
signalization of the intersection of Catron Street and Valley Center
Road shall be completed, or financially guaranteed, in order to raise
. the level of service to a level of "C" for the design year which shall be
15 years following construction, unless Montana Department of
Transportation and the City Engineer determine that improvements are
not required based on a warrant study submitted by the applicant's
engineer.
18. In conjunction with
the construction of private/public
street
approaches to North 19th Avenue, the applicant shall be responsible
for modifications of
the striping of North
19th Avenue to
accommodate left hand turn bays. Intersection lighting at all
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private/public road intersections with North 19th Avenue and Baxter
Lane shall be provided.
The applicant and property owners'
association shall be responsible for the installation, maintenance and
operation of the lighting, and the Covenants shall be amended to
reflect that responsibility.
19. Water rights or cash in-lieu thereof shall be provided as each phase of
the subdivision is filed, as agreed to in the Annexation Agreement filed
. in the office of the Gallatin County Clerk and Recorder.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff;
those voting No, none.
Preliminarv plat - Allison Minor Subdivision. Phase I - David Jarrett for BanTon. Inc. - subdivide
122.27 acres known as a Dortion of COS No. 252 and the NE 1/4. Section 24. T2S. R5E.
MPM. into five lots with a remainder lot (Arnold Street north of Mornina Star School (P-9839)
This was the time and place set for review of the preliminary plat for the Allison Minor
Subdivision, Phase I, as requested by David Jarrett for BonTon, Inc., under Application No.
P-9839, to subdivide 122.27 acres known as a portion of Certificate of Survey No. 252 and
the Northeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal
. Meridian, into five lots with a remainder lot. The subject property is more commonly located
along Arnold Street, north of the Morning Star School.
Included in the Commissioners' packets was a memo from Associate Planner Olsen,
dated August 26, forwarding a letter of withdrawal submitted by David Jarrett.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission acknowledge receipt of the letter of withdrawal submitted by David Jarrett. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
Commission Resolution No. 3255 - intent to annex Lots 1.2 and 3. Minor Subdivision No. 201.
. located in the S1/2. Section 4. T2S. R5E. MPM (north side of Durston Road approximatelv one-
half mile west of Flanders Mill Road): set Dublic hearing for SeDtember 21. 1998
Included in Commissioners' packets was a copy of Commission Resolution No. 3255,
as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3255
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
09-08-98
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MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF,
Also included in the Commissioners' packets was a letter from Morrison-Maierle, Inc.,
. dated September 3, withdrawing the applications for annexation, master plan amendment and
zone map amendment.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the letter of withdrawal submitted by Morrison-Maierle,
Inc. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley
and Mayor Stiff; those voting No, none,
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3258 - Authorizing City Manaaer to sian Change
. Order Nos. 3 and 4 for Landfill Gas Extraction System - Davidson and
ComDanv. Helena. Montana - subtract a total of $6.646.93 and add
o calendar days
COMMISSION RESOLUTION NO. 3258
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH
DAVIDSON AND COMPANY, HELENA, MONTANA.
One-year extension of Dreliminary Dlat for Festival Sauare Minor Subdivision
No. 2 - SteDhanie Volz - subdivide Lot 2 into two lots (P-9523)
Two-year extension of Dreliminary Dlat for Durston Meadows Subdivision.
Phases 4 through 7 - Williams Brothers Construction (alona north side
of Durston Road. west of Annie Subdivision) (P-9437)
ExemDtion from subdivision review - W. Bruce Mecklenbura and Audrev M.
Lovfald. etal - realignment of common boundary between Lot 3A.
Amended Plat G-22-D. and Lot 1. COS No. 93 (between JB's
Restaurant and Smith Barnev Building)
. ADDlication for Kennel License - Neil and Debbie Jamieson. 105 Michael Grove
- Calendar Year 1998
Reiect bid - SID No. 664 (Davina West Beall Street between North 23rd and
North 25th Avenues)
Reiect bid - 1998 Dolice cars
09-08-98
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Ratify City Manager's signature - DarticiDation in Blue Cross and Blue Shield
of Montana's Tobacco Litigation
Proclamation - "Harmony Month" - SeDtember 13 to October 10. 1998
Proclamation - "Constitution Week" - September 17~23. 1998
Award bid - One 1999 track-mounted front end loader for Landfill - Tractor and
. EouiDment. Billinos. Montana - in the annual lease Dayment amount of
$53.736.18
One-year extension of DreUminary Dlat aDDroval for CUDola Subdivision PUD.
Phase I (east of Broadwav at East Mendenhall extended) (Z-9539)
Authorize use of annual leave - Clerk of the Commission Sullivan - SeDtember
24-25. 1998
ADDroval of final plat for Villaae Greens Townhouses (subdivide 2.77 acres
known as Lot 62 and a Dortion of Lot 58. Bridger Creek Subdivision.
Phase I. into 18 townhouse residential lots and realign common
boundary between subiect lots) (1050 Bovlan Road): subiect to Droof
of reconvevance of DubUc trail corridor
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, Commissioner Rudberg and Mayor Stiff; those voting No, none.
Recess - 5:27 D.m.
Mayor Stiff declared a recess at 5:27 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 D.m.
Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings and completing the routine business items.
. Public hearing - Commission Resolution No. 3256 - levvina and assessina street maintenance
district assessments for Fiscal Year 1998-1999
This was the time and place set for the public hearing on Commission Resolution No.
3256, as approved by the City Attorney, entitled:
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COMMISSION RESOLUTION NO. 3256
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 1999 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN,
COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND
EXPENSE INCURRED IN THE CITY -WIDE STREET MAINTENANCE DISTRICT
IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID
. DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Stiff opened the public hearing.
City Manager Johnson reminded the Commissioners that they are required to set the
street maintenance assessments on an annual basis. He then noted that, based on the
projections in the capital improvement program, staff is proposing fee increases in each of the
next several upcoming fiscal years; and the proposed increase for Fiscal Year 1999 is 18
percent. He noted that 15 percent of the increase is to fund the capital improvement program,
and items scheduled for purchase this year include a motor grader with a snow gate and a
portion of a new storage building. He noted the remaining 3 percent of the increase is to cover
inflationary increases.
Responding to Commissioner Youngman, the City Manager stated that, for his 9,000-
. square-foot lot, the proposed rate will result in a $10.45 increase in his annual assessment.
Ms. Shirley Powell, 8 Teton Avenue, asked about the proposal to increase the fee in
each of the next several fiscal years.
City Manager Johnson responded that, in each of the next five fiscal years, a 3-percent
inflationary increase is proposed, with the remainder of the increase to be devoted to funding
the capital improvement program.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
Commission Resolution No. 3256, l
evying and assessing street maintenance district
assessments for Fiscal Year 1998-1999, be finally adopted. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
. Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none.
Public hearina - Commission Resolution No. 3257 - levvina and assessing tree maintenance
district assessments for Fiscal Year 1998-1999
This was the time and place set for the public hearing on Commission Resolution No.
09-08-98
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3257, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3257
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 1999 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN,
COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND
. EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN
THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID
DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Stiff opened the public hearing.
City Manager Johnson noted that the proposed increase in the assessment rate will
increase the assessment on a 7, 500-square-foot lot to $11.10 per year. He stated that these
monies are used to fund the planting, trimming and removal of trees along the streets and in
City parks, and everyone in the community benefits from those trees.
Mrs. Evelyn Petersen, 325 North Montana Avenue, expressed concern about the tree
maintenance assessment, stating it puts a burden on the taxpayer. She noted that many of
the taxpayers in the community have no trees in front of their homes, and these monies are not
used to maintain the trees in people's private yards.
. Commissioner Smiley noted that, since the City is taking better care of the trees in the
boulevard, it is now in a position to begin planting more trees. She also noted that Bozeman
is designated as a Tree City USA, and she supports continuing to maintain the existing urban
forest and planting more trees.
Ms. Shirley Powell, 8 Teton Avenue, indicated she does not object to the 60-cent
increase in the assessment for a 7/ 500-square-foot lot, but she noted the fee seems to
consistently go up. She stated that she has testified on this issue in the past, and it seems
there is no end to the increases. She noted the City Manager has indicated that 3 percent of
the increase is to cover inflationary costs, including salary increases; however, those on state
retirement got only a 1 %-percent increase. She concluded by encouraging the Commission to
consider those who are retired and on fixed incomes, who do not get even a 3-percent increase
. to help cover the costs of the increases in a variety of bills.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Commission Resolution No. 3257, levying and assessing tree maintenance district assessments
for Fiscal Year 1998-1999/ be finally adopted. The motion carried by the following Aye and
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No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner
Frost, Commissioner Youngman and Mayor Stiff; those voting No, none.
Public hearing - waiver from provisions of Section 2-2-201. M.C.A.. to allow former Staff
Attornev ChristoDher Williams to be considered for Public Defender Dosition
. This was the time and place set for the public hearing a request for waiver from the
provisions of Section 2-2-201, M.C.A., to allow former Staff Attorney Christopher Williams to
be considered for the Public Defender position. Section 2-2-201, M.C.A., states, in part, that
a former employee may not, within six months following the termination of employment, enter
into a contract involving the same matters with which the former employee was directly
involved during employment.
Mayor Stiff opened the public hearing.
City Manager Johnson noted that, included in the Commissioners' packets, was a
memo from City Judge Patricia Carlson, dated August 15, forwarding background information
on this requested waiver.
Mr. Christopher Williams indicated a willingness to respond to questions.
. No one was present to speak in opposition to the requested waiver.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
Commissioner Rudberg stated this request is similar to the request forwarded by former
County Commissioner Jane Jelinski. She then indicated that she supports the statutes as
written and, in remaining consistent with her vote on the previous request, she will also vote
against this request.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that a
waiver be granted from the prohibition of Section 2-2-201, M.C.A., for former Staff Attorney
Christopher Williams to be considered for the Public Defender position. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
. Youngman and Commissioner Smiley; those voting No being Commissioner Rudberg and Mayor
Stiff.
09-08-98
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Continued Dublic hearing -
City of Bozeman - COA
with deviation from Section
18.50.100.D.5.C. to eliminate an off-street oarkina lot interior landscaoe island on a oortion
of Tract 2. Guy's Addition (108 and 110 South Bozeman Avenue) (2-98110)
This was the time and place set for the continued public hearing on a Certificate of
Appropriateness with a deviation from Section 18.50.100.D.5.C. of the Bozeman Municipal
. Code, as requested under Application No. Z-9811 0, to eliminate an off-street parking lot interior
landscape island for a new City parking lot to be constructed on a portion of Tract 2, Guy's
Addition. The subject property is more commonly located at 108 and 110 South Bozeman
Avenue.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission acknowledge receipt of the letter of withdrawal, forwarded by Assistant City
Manager Brey, dated September 3, 1998. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none.
Public hearing - COA with deviations from Sections 18.24.050 and 18.50.160. BMC. to allow
. construction of a new rear addition which encroaches 2% feet into the side yard setback on
a house which currently encroaches into the reauired front yard and side yard setbacks on the
south 140 feet of Lots 3 and 4. Block D. Tracy's Third Addition ~ Allen Gadoury. 305 West
Lamme Street (Z-98124)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Allen Gadoury under Application No. Z~98124, with
deviations from Sections 18.24.050 and 18.50.160 of the Bozeman Municipal Code to allow
construction of a new rear addition which encroaches 2 % feet into the side yard setback, on
a house which currently encroaches into the required front yard and side yard setbacks on the
south 140 feet of Lots 3 and 4, Block D, Tracy's Third Addition. The subject property is more
commonly known as 305 West Lamme Street.
Mayor Stiff opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
. this application was the subject of a public hearing a few weeks ago, reminding the
Commission that at that time, there was some neighborhood comment regarding the project
and questions raised about the accuracy of the site plan submitted. He noted that since that
time, the Planning staff, with the assistance of the Engineering staff, has gone to the site and,
after measuring, determined that the original site plan was not accurate. He noted that Mr.
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Gadoury was informed of the discrepancy and that he needed to submit a revised site plan and
seek two deviations. He then briefly reviewed the deviations, to allow the expansion of the
footprint of a legally non-conforming structure that encroaches into the front and side yard
setbacks and to allow the rear addition to encroach into the side yard setback. He noted that
. staff supported the original application and supports this one as well. He then concluded by
noting that the applicant is not present.
Mrs. Evelyn Petersen, 325 North Montana Avenue, stated that her experience with
deviations and variances is that those making application tend to go beyond what is approved.
She then expressed concern that approving deviations can result in houses being located too
close together.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
the Commission approve the Certificate of Appropriateness, as requested by Allen Gadoury
under Application No. Z-98124, with deviations from Sections 18.24.050 and 18.50.160 of
the Bozeman Municipal Code to allow construction of a new rear addition which encroaches
. 2 % feet into the side yard setback, on a house which currently encroaches into the required
front yard and side yard setbacks on the south 140 feet of Lots 3 and 4, Block D, Tracy's Third
Addition, subject to the following conditions:
1. In an attempt to minimize the somewhat awkward appearance of this
long, narrow project, the applicant should seriously investigate the
possibility of breaking the roof line or the wall plane to break up the
pronounced linear nature of the proposal and provide additional relief
to the east elevation.
2. To better relate this project to its predominantly historic surroundings,
the applicant should reconsider the use of vinyl siding. Wood or
masonite siding of a similar lap width as that existing would be
preferable.
3. The applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval or this approval shall become
null and void.
. 4. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's
approval unless the applicant submits the proposed modifications for
review and approval by the Planning Office prior to undertaking said
modifications, as required by Section 18.62.040 of the Bozeman
Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
09-08-98
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Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff;
those voting No, none.
Discussion - FYI Items
. City Manager Johnson presented to the Commission the following "For Your
Information" items.
( 1 ) Letter of resignation from the Library Board of Trustees as submitted by Tutti
Skaar, dated August 27, 1998.
(2) Letter from the Montana Department of Transportation, dated August 25,
forwarding the ranking of applications for the Fiscal Year 1998/1999 Public Lands Highway
Discretionary funds.
Commissioner Rudberg asked if it would be appropriate to talk to Transportation
Commissioner Pat Abelin in a work session about this issue as well as other topics of concern,
including the ISTEA program.
(3) Letter from Advancing Cranbrook Revitalization, dated August 27, seeking
. information on Bozeman's Design Objectives Plan.
(4) Copy of a letter from Project Engineer Rick Hixson to County Attorney Marty
Lambert, dated September 2, forwarding a map of the West Babcock Street project.
(5) Copy of the press release from the National Catholic Society of Foresters
announcing that Donna Daems, former City employee, was elected to their Board of Directors.
(6) Invitation to attend the City of Belgrade's open house at their new City Hall
from 3:00 p.m. to 7:00 p.m. on September 18.
(7) Copy of an article entitled Dog Days, published in the September 1-7, 1998,
edition of the C'Ville Weekly, forwarded by City Attorney Luwe.
(8) Notice of a dinner and auction for the Humane Society of Gallatin Valley to be
held on September 11 at the Gallatin Gateway Inn.
. (9) Newsletter from the Headwaters Recycling, announcing that the next meeting
is to be held in Boulder on September 9.
(10) Agenda for the Development Review Committee meeting which was held at
10:00 a.m. this morning.
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(11 ) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Wednesday, September 9, in the Conference Room of the Professional Building.
(12) Agenda for the County Commission meeting which was held at 1 :30 p.m.
today.
. (13) City Manager Johnson submitted the following. (1) Noted that the Engineering
Department will be closed on September 10 and 11 to move into its newly remodeled offices.
He stated the Planning Department won't be moving until the whole project is completed.
(2) Noted the 9-1-1 center is having difficulty hiring a director, so he has suggested the Board
look at local talent, possibly in the Police Department or some other department, with
administrative skills, to serve on an interim basis and then go back through the process of hiring
a director. He stated that an alternative would to be look internally for someone to fill the
position. He then indicated that, following last week's Board meeting, he and County
Commissioner Olson toured the new center. (3) Met with County Attorney Marty Lambert last
week. (4) Attended the school teacher orientation. (5) Met with Keith Swenson regarding the
hospital property and the proposed traditional neighborhood development and with Rick Barber
. regarding the Valley West Annexation. (6) Met with Bea Taylor regarding the Bozeman Solvent
Site and the potential effects on her property. (7) Attended the Planning Board and the
Recreation and Parks Advisory Board meetings last week.
(14) The City Manager gave a brief update on utility deregulation, noting that staff
is learning what it means. He noted that the only portion of the electrical bill open to
negotiation is the generation of the power, which is a small portion of it. He stated that the
window of savings is very narrow, and care must be taken not to make a mistake in negotiating
the rates. He noted that Bozeman is participating in the League's aggregation program, under
which a contract is being sought for a block of power. Under the deregulation, the City could
become a supplier of power, and one of the advantages could be acting as a price leader. He
cautioned that the down side is that this approach is opposite from previous conversations
. about privatization. He suggested that, to take advantage of this opportunity, the City may
wish to adopt local ordinances stating the City could be in the business of supplying electrical
service to residents, noting that the City of Helena has just completed that step. He stated that
during the upcoming legislative session, a statutory change will be sought under which the City
09-08-98
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would become the default supplier. He then indicated that similar steps will be taken with the
natural gas program as deregulation of that utility is undertaken.
(15) The City Manager stated that he attended a City Manager's meeting a couple
of weeks ago. He noted that 9-1-1 systems were discussed at that meeting, and indicated that
. many repeater sites are being developed and, with technology changes, some of those sites
may not be needed. He stated that they toured the Centennial Park project in Helena, which
is a remodel project similar to the traditional neighborhood concept being discussed here.
(16) Assistant City Manager Ron Brey stated that an intern has been gathering
information on affordable housing programs and is preparing a packet of information for
submittal to the Commission. He noted that if the Commission finds any elements or programs
that it likes, then staff could be directed to evaluate them is some level of detail.
(17) Commissioner Youngman stated that, after last week's discussion on the
wetlands grant, she called Helena about the unrealistic timeline and found that the City has
more time than anticipated. She noted there are two different pots of money, one of which
is handled at the State level and one of which is handled at the regional level. She stated that,
. since the County's only real concern was timing, it appears that a grant application may be
possible. She then noted that almost every development proposal submitted includes wetlands
issues, and more accurate mapping could be beneficial to everyone involved.
( 18) Commissioner Smiley suggested that a new agenda item be added, entitled
"Commissioner projects", under which Commissioners can discuss upcoming issues. She noted
that the Commission seems to be rushed under this agenda item, and the new agenda item
could be beneficial.
Commissioner Rudberg requested that this proposal be discussed in a work session.
(19) Commissioner Rudberg submitted the following. (1) Stated that a Board of
Health retreat has been scheduled for Monday, October 26, beginning at 4:30 p.m. She noted,
as a result, she will be able to attend only the afternoon portion of that meeting. (2) Stated
. she has requested that the Board of Adjustment forward copies of its minutes to the
Commission and encouraged other Commissioner Liaisons to ask their boards to forward
minutes as well. She then noted that the Commission has previously discussed the possibility
of replacing board members who miss more than three meetings but not acted on it formally.
(3) Asked if any follow-up has occurred on the Arcadia Garden issue. The City Manager
09-08-98
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responded that efforts are being made to ensure that the new manager receives the training
necessary to meet the requirements of the funding
package. (4) Encouraged the
Commissioners to review the minutes from the Recreation and Parks Advisory Board meeting,
particularly the section pertaining to Bogert Park. (5) Stated she feels it is important for the
. Commission to review the administrative policies in the Planning Department.
(20) Commissioner Rudberg stated she has received a number of telephone calls
regarding the Design Review Board and the fact that they seem to be regressing back to where
they were previously. She then noted it was her understanding that they would seek public
input regarding their process, but it seems they are simply conducting a self review instead.
Commissioner Youngman stated she needs some concrete examples prior to reacting.
Commissioner Rudberg noted that, following the major evaluation a year ago, the
importance of having the applicants evaluate the process was recognized. She stated,
however, that some people are afraid to complain because of the negative impacts such
complaints may have on their future projects.
Commissioner Smiley noted that the Planning Board has a development oversight sub-
. committee to whom applicants may go if they have complaints about specific staff members
or how a project was handled.
Preliminarv Dlat - Osterman Minor Subdivision - M.M. Nash - subdivide 12.111 acres known as
Lot 1A. Minor Subdivision No. 41A. into five lots for commercial uses (between East Frontage
Road and 1-90) (P-9840)
This was the time and place set for review of the preliminary plat for the Osterman
Minor Subdivision, as requested by M. M. Nash under Application No. P-9840, to subdivide Lot
1 A, Minor Subdivision No. 41 A, located in the Southwest one-quarter of Section 9, Township
2 South, Range 5 East, Montana Principal Meridian, into five lots for commercial uses. The
subject property is located between East Frontage Road and Interstate 90, just west of
Shawnee Way.
. Associate Planner Chris Saunders presented the staff report on behalf of Associate
Planner Jody Olsen. He noted that one of the lots will gain access from US Highway 10 while
the remaining four lots will gain access from Osterman Drive.
The Associate Planner stated that the Planning Board conducted the public hearing on
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this preliminary plat at its August 18 meeting and, following that hearing, concurred in staff's
recommendation for approval subject to 23 conditions.
Mr. Dennis Foreman, Gaston Engineering, indicated his concurrence with the staff
report and recommended conditions of approval. He then stated a willingness to respond to
. questions.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the preliminary plat for the Osterman Minor Subdivision, as requested by
M. M. Nash under Application No. P-9840, to subdivide Lot 1A, Minor Subdivision No. 41A,
into five lots for commercial uses, 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 Engineer
certifying that as-built drawings for public improvements were
received, a platting certificate, a
nd all required and corrected
certificates. Two clothback (or equivalent) and mylar (or equivalent)
copies of the final plat must be submitted for final plat approval, along
with a digital copy of the final plat, on a double sided, high-density
3 % -inch floppy disk.
. 2. 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 lots 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.
3. Where a utility is to be located in an existing, dedicated right-of-way,
an encroachment permit must be obtained from the
Montana
Department of Transportation.
4. The final plat must contain the appropriate right of access statement.
. 5. Prior to final plat approval, street and stop signs shall be placed at all
intersections as part of the required improvements. The street signs
shall conform with the standards outlined in the Bozeman Area
Subdivision Regulations.
6. The one-foot wide "No Access" strip provided between proposed Lots
1 A-1, 1 A-2 and 1 A-4 and Highway 10 shall not cross through any
drive accesses.
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7. 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 it does not duplicate the name of another existing street
in the area.
8. Before the final plat is approved, the developer shall ensure that all
construction and other debris is removed from the site, including
concrete, asphalt, dead trees and shrubs, and fencing materials.
. 9. As part of the required improvements, the proposed cul-de-sac shall
be signed "No Parking" with signs approved by the City of Bozeman's
Sign Department.
10. The final plat shall contain all of the required certificates with the
language found in the Bozeman Area Subdivision Regulations.
11. The use of the lots shall be designated on the final plat if not for
residential development.
12. The developer shall obtain permits from MOoT for any new accesses
onto Highway 10, and a copy of the permit(s) shall be provided to the
City Engineer's Office. If access has already been approved by MDoT,
the developer shall provide proof of this encroachment permission to
the City Engineer's Office prior to installation of the new street or a
new access.
13. 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. Specifically, prior to
commencement of any work on the site, the developer shall provide
the Planning Office with a copy of a Section 404 permit, or written
notification that a 404 permit is not needed, from the U.S. Army
Corps of Engineers.
14. 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 Quality (MDEQ). The applicant shall also provide
professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings.
The Engineer shall provide a pavement design report for the proposed
streets. 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.
15. All infrastructure improvements, including: 1) water and sewer main
extensions, and 2) public or private streets including curb and 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.
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16. The applicant shall provide and file with the County Clerk and
Recorder's Office executed Waivers of Right to Protest the Creation
of SIDs for the following:
a. Street improvements to Frontage Road/U.S. Highway
10, including paving, curb and gutter, sidewalks
and
storm drainage facilities for % of a City standard
street.
The waiver shall specify that in the event
. SIDs are not utilized for the completion
of these
projects, the applicant agrees to participate in
an
alternate method of financing for completion of
said
improvements on a fair share, proportionate basis
as
determined by square footage of the property, linear
front footage of the property, taxable valuation
of the
property,
traffic contribution, or a
combination
thereof.
b. City.wide park
maintenance district(s) for
the
equitable funding of City park maintenance.
17. 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.
18. A property owners'
association shall be created
to provide
maintenance in accordance with the Maintenance Plan. It is further
recommended that implementation of the Plan be included in the
covenants and therefore a condition of final plat approval.
19. The proposed six (6) inch water main in Osterman Drive shall be a
minimum of an eight (8) inch main.
20. The proposed water and sewer services for Lot 1 A.1, from the
existing mains in U.S. Highway 10, shall be installed with future
development of this lot.
. 21. City standard sidewalks shall be installed and properly depicted at the
standard location (i.e., one foot off property line) along Osterman
Drive street frontage. Any deviation to the standard alignment
or
location must be approved by the City Engineer. These improvements
shall be completed prior to final plat approval or secured by an
improvement agreement and financial guarantee.
22. If construction activities related to the project result in the disturbance
of more than five (5) acres of natural ground, an erosion/sediment
control plan may
be required. The Montana
Department of
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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 MDEQ, an erosion/sediment control plan
shall be prepared for disturbed areas of five (5) acres or less if the
point of discharge is less than 100 feet from State Waters.
23. The proposed new street (Osterman Drive) shall comply with Section
16.16.080 of the Bozeman Municipal Code in regards to angle at
. intersection centerline (75 degrees).
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
ApDellate hearina - decision of the ImDact Fee Review Committee. forwarded bv Lowell
Svringer on behalf of Don Bockhahn for Carson Place
This was the time and place set for the appellate hearing on the decision of the Impact
Fee Committee, as requested by Lowell Springer on behalf of Don Bockhahn for Carson Place
Townhouses.
Included in the Commissioners' packets was a memo from Impact Fee Coordinator
Chris Saunders, dated August 12, forwarding the relevant information for this hearing.
. Mayor Stiff opened the appellate hearing.
Impact Fee Coordinator Saunders reminded the Commissioners that impact fees were
adopted on January 22, 1996, and became effective on March 23, 1996. He noted that an
appeal process was included in the program and briefly reviewed that process, which provides
for appeal of an official's decision to the Development Impact Fee Review Committee and
appeal of that Committee's decision to the City Commission.
The Impact Fee Coordinator stated that, on December 22, 1997, Mr. Lowell Springer
sent a letter to the Planning Department outlining his case and requesting a waiver of the
impact fees for Carson Place. Staff reviewed that request and, on March 18, notified Mr.
Springer that the request was not approved. The Coordinator noted that decision was appealed
. to the Development Impact Fee Review Committee and, following its review of the information
at its July 20 meeting, the Committee upheld the staff's decision. He stated that decision is
now being appealed to the Commission.
Mr. Joby Sabol, attorney representing Mr. Don Bockhahn, reviewed the history of the
Carson Place Townhouse project, noting that it began on June 30, 1992. He noted that the
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application was originally submitted for a 21-unit townhouse project, which appeared to be a
relatively simple project. He noted that when this project was undertaken, impact fees did not
exist and they were, therefore, not taken into consideration during the initial reviews. He noted
that this project was reviewed by the Design Review Board and, because of the length of time
. that this project took, it went through a second and even a third review. He also noted that,
because of the length of time involved, each time the project was reviewed, it was by a
different group of individuals, and their conclusions resulted in frustrations and redesigns for
the appellant.
Mr. Sabol noted that when the Commission approved the application in 1996, it was
with a condition that South 13th Avenue adjacent to this property be re-established. He noted
that South 13th Avenue had been platted at one time and, at some time many years ago, it
was abandoned. He stressed that, while the City has the option of pursuing condemnation,
Mr. Bockhahn, as a private individual, could only negotiate with his neighbor, who is an out-of-
state property owner. He noted that this requirement resulted in Mr. Bockhahn needing to
submit a preliminary plat for the neighbor's property and, as part of the negotiations, he agreed
e to extend water and sewer services to the neighbor's property. He then stated that requiring
Mr. Bockhahn to go beyond his property and negotiate with another party to re-establish a
street corridor placed an undue burden on the appellant and created a very extended timeframe.
He noted that, at the outset of the project, there were no impact fees, and encouraged the
Commission to consider this factor as well as the reason for the extended timeframe when
making a decision.
Mr. Don Bockhahn, appellant, stated he spent two years in negotiations with the
adjacent property owner to obtain the needed right-of-way for the extension of South 13th
Avenue. He briefly highlighted the negotiation process, noting that after meeting many
demands, he indicated that he would not do any more in exchange for the right-of-way, since
he had already stubbed the water and sewer services to that property. He then noted this
. process took two years.
Impact Fee Coordinator Saunders reviewed the information in his memo dated August
12, noting that impact fees were enacted in early 1996 and became effective on March 23,
1996. He noted that if a complete building permit application was filed by March 23 and the
permit drawn by September 23, 1996, no impact fees were assessed; and the application for
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this combined major subdivision and zoning planned unit development was not heard and
approved by the Commission until June 2, 1997. He noted that, as a result of this timeline,
there was no project in place and no potential for obtaining a building permit prior to the end
of the grace period.
. The Impact Fee Coordinator noted that the appellant had the opportunity to appeal the
conditions of approval but did not do so. He also noted that the cost of providing infrastructure
to a site is a standard requirement for almost any subdivision within the city, including local
streets adjacent to a development. He acknowledged that the process has been long and
drawn out, but suggested that the timeline is not relevant in this appeal. He stated, rather, the
issue is whether administrative staff made an error in interpreting the ordinance, and staff
believes that since no application had been approved by the time impact fees became effective,
they had no option but to make the decision that impact fees apply to this project.
Responding to Commissioner Frost, the Impact Fee Coordinator characterized access
as one of the most fundamental issues for subdivision.
Mr. Lowell Springer, architect for the appellant, noted that during the Impact Fee
. Review Committee's review of this request, one of the members commented that fairness is
what the appellant is seeking, and the committee does not have the latitude to address that
issue. He stressed, however, that that process had to be completed before the appeal could
be forwarded to the Commission, where fairness is an issue that can be taken into
consideration.
Mr. Springer noted that when the first set of plans for the project, which was for
condominiums, was submitted, the Development Review Committee reviewed them and asked
that South 13th Avenue be extended to West Babcock Street, which required a complete
revision of the project. He stated that when the second set of plans was submitted, they were
required to redesign the plans to incorporate South 13th Avenue, and one of the conditions
was that the appellant acquire the needed right-of-way for that street. He stressed that this
. process was difficult because there was no incentive for the neighbor to give up a valuable
chunk of land for the street and the applellant had no power to require the dedication of right-
of-way. He also noted that, to further complicate the issue, just when the appellant had an
agreement for acquisition of the right-of-way, the property changed hands and he had to start
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the process over. He then concluded by encouraging the Commission to address this request
as an issue of fairness.
Since there were no Commissioner objections, Mayor Stiff closed the appellate hearing.
Commissioner Rudberg recognized that this project has taken a long time, noting that
. it was approved by the Commission and yet, twenty months later, no building permit has been
drawn. She stated that, while she feels bad about the delays, this request does not meet the
guidelines for granting an exception to the impact fees.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission uphold the decision of the Impact Fee Review Committee and not allow waiver of
the impact fees as requested by Lowell Springer on behalf of Don Bockhahn for Carson Place
Townhouses. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley
and Mayor Stiff; those voting No, none.
ADDellate hearina - decision of the ImDact Fee Review Committee. forwarded bv Lowell
. SDrinaer on behalf of Osterman Mini-Warehouses
This was the time and place set for the appellate hearing on the decision of the Impact
Fee Committee, as requested by Lowell Springer on behalf of David Osterman for Osterman
Mini-Warehouses.
Included in the Commissioners' packets was a memo from Impact Fee Coordinator
Chris Saunders, dated August 12, forwarding the relevant information for this hearing.
Mayor Stiff opened the public hearing.
Impact Fee Coordinator Saunders presented the staff report. He once again reviewed
the history of impact fees, noting they became effective March 23, 1996. He noted that the
code also establishes the appeals process, which allows aggrieved persons to pursue relief.
He reviewed that process, noting that the City Commission may be requested to conduct an
. appellate hearing if the appellant is dissatisfied with the determination of the Impact Fee
Coordinator and, subsequently, the decision of the Impact Fee Review Committee.
The Impact Fee Coordinator noted that, in this instance, the application for the
Osterman Mini-Warehouses was made prior to the March 23, 1996, deadline, but the building
permit was not drawn. He noted the appellant reapplied for a permit on January 27, 1998.
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Impact Fee Coordinator Saunders indicated that the appellant has requested that the
impact fees be waived because this project was underway prior to the initiation of impact fees.
He then indicated that staff considered this request and determined that impact fees are due
since the initial application for building permit expired without an extension being sought. He
. then noted that at its meeting on June 24, the Impact Fee Review Committee upheld staff's
determination and that determination is the subject of this hearing.
Mr. Joby Sabol, attorney representing David Osterman, stated there is no question
about when the appeal was made relative to when the decision was made about impact fees.
He noted it was his impression from the July 20 Commission meeting that the issues were to
be clarified and narrowed so the process could be expedited during this hearing. He noted, as
a result of that meeting, he submitted a letter on July 31, 1998; however, no dialog has
occurred with any City staff since that time.
Mr. Sabol then highlighted the information he had submitted in writing, noting that in
a letter dated February 26, 1996, Associate Planner/Urban Designer Dean Patterson forwarded
the list of 45 conditions for approval of this project. He drew the Commission's attention to
. the first several sentences of the second paragraph of that letter, noting that it indicated the
City would allow an application for a building permit to be submitted before final site plan
approval to meet the deadline for submittal of applications prior to the implementation of impact
fees. He noted that this project was then placed on the back burner because Planner Dean
Patterson was assigned to the Costco project, which was an important and time-consuming
project; and then he left the City's employ. He stated that this project involved the installation
of a sewer line through the Idaho Pole property, with testing and scoping of the existing line
and, since the Idaho Pole property was the subject of a contamination problem, this project was
put on the back burner. He noted that off-site easements were also required, and Mr.
Osterman negotiated with landowners to obtain the necessary easements. He stated those
easements were submitted to the City and apparently misplaced, so Mr. Osterman was required
. to obtain new easements with some revised language included. He noted that, since one of
the landowners involved had been in a squabble with the City, he refused to sign the new
easement, thus requiring the redesign of the sewer and acquisition of new easements. He
indicated that the results of scoping and testing the line by Mr. Osterman's contractor were not
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accepted by the City, and it was necessary to wait until the next spring before those tests
could be done again.
Mr. Sabol stated that the next hurdle was a City request for redesign of the project to
preserve the mature cottonwood trees on the site. He noted that a waterway bisects the
. property, and Mr. Osterman has obtained a 310 permit to allow building a bridge across it. He
stated, however, that when his client began placing stringers across the waterway, each one
weighing 60,000 pounds, City staff determined they were in violation of the conditions, and
that determination added confusion and consternation to the matter. And, as a result of those
concerns, a new map delineating the floodplain was required, after which it was determined
the original map was accurate. He stated that all of these issues and problems added a
considerable amount of time to the project.
Mr. Sabol noted that, throughout the process, in addition to the 45 conditions originally
imposed on the project, 17 more were added, then 11 more and, finally 4 or 5 more. He then
indicated that the sole basis of this appeal is the passage of time because of breakdowns in the
process of dealing with the City. He concluded by noting that, based on the issue of fairness,
. he feels the waiving of impact fees is appropriate.
Commissioner Frost noted that the letter dated February 22, 1996, was sent to the
appellant's architect, who deals with the City on a regular basis and knows the City's
processes. He then suggested that, as a result, the appellant's representative knew what to
expect and when and should have submitted the necessary documents at the appropriate
times.
Mr. Lowell Springer, architect representing the appellant, recognized that, to meet the
timeline to avoid impact fees being assessed, the applications for building permits were required
by March 23, and he submitted the necessary applications on March 21, 1996. He noted,
however, that one of the requirements for issuance of the building permits was completion of
the conditions for the final site plan, and he characterized that as a moving target. He stated
. that the chronology of the project, which was included in the packet of information, reflects
the lengths of time that some responses took.
Mr. Springer voiced his frustrations over the difficulties encountered in attempting to
meet all of the conditions of approval for the final site plan, so that building permits could be
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drawn. He stated, however, that those conditions have finally been met, and the appellant is
now ready to draw building permits.
Impact Fee Coordinator Saunders briefly reviewed the history of this project once again.
He noted that the project was approved by the City-County Planning Board, subject to 45
. conditions. He stated that all of those conditions of approval were appealable to the City
Commission, but no appeal was made. He noted that the appellant did meet the original
deadline for not incurring impact fees by submitting the building permit application on March
21, 1996; however, no final site plan was submitted to the Planning Office prior to September
23, 1996, and no extension of the building permit approval was sought. He then noted the
second building permit application was submitted on January 27, 1998, which is 22 months
after the deadline for obtaining an exemption to the impact fees. He also noted that four
extensions for the final site plan have been submitted to, and approved by, the Planning Office.
The Impact Fee Coordinator stressed the key factor is that no building permit was
drawn by September 23, 1996, nor was an extension sought. He then indicated that the
application for the Costco project was received after the September 23 deadline and, therefore,
. did not affect on this project. He also noted that he has not seen any letters or other
documents establishing additional conditions for approval of the final site plan.
Mr. Lowell Springer stated that there was an on-going dialogue between him and the
City staff, on an almost daily basis. He noted that he made application for the building permit
at the appropriate time to avoid impact fees, and he asked for and received extensions to the
final site plan because of the difficulties he was encountering. He also expressed concern
about the required easements being lost, thus leading to renegotiations, the acquisition of new
easements and redesign of the system. He asked that the Commissioners consider these
factors when making their decision, stressing that fairness is an important part of the decision
since these are items over which the appellant had no control. Mr. Springer stated he has
documentation that changed the conditions and added conditions. He concluded by
. encouraging Commission approval of this appeal.
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 uphold the decision of the Impact Fee Review Committee and not allow waiver of
the impact fees as requested by Lowell Springer on behalf of David Osterman for Osterman
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Mini-Warehouses. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner
Rudberg and Mayor Stiff; those voting No, none.
. Discussion - FYI Items (continued)
(21 ) Commissioner Rudberg noted that the Clerk of the Commission has provided
the Commissioners with a listing of the board members. She suggested that an advertisement
be run to seek applications to fill existing vacancies. She also suggested that a work session
be placed on the agenda this month to identify issues with memberships on the various boards.
(22) Commissioner Rudberg stated she has been reviewing the claims over the past
two years and requested additional information on those about which she had questions. As
a result of those reviews, she has become concerned about the food being purchased by one
department for its employees, particularly since no other departments do so. She then asked
if this is a matter that the Commission needs to discuss and determine what is and what is not
acceptable.
. Mayor Stiff noted that, in this instance, the Commission is dealing with a "department
that marches to a different drum" and cautioned that the Commission is also limited in its
actions which affect the judicial branch.
Commissioner Youngman characterized this as an administrative issue. She recognized
it is the Commission's responsibility to review the claims listing prior to approving it, but any
of the issues identified should be referred to the City Manager.
Commissioner Frost stated his concurrence with Commissioner Youngman's comments.
Adjournment - 9:20 D.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, Commissioner Rudberg
and Mayor Stiff; those voting No, none.
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A!!::::S~ti;;;; ~ I
ATTEST:
. ~ f.L~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
09-08-98