HomeMy WebLinkAbout1998-06-15 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 15, 1998
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, Monday, June 15, 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, Staff Attorney Cooper 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 - April 6. June 1. June 2. June 4. June 8 and June 11. 1998
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
. minutes of the meetings of June 2 and June 4, 1998, be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissiont. 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
and June 11, 1998, to a later date.
Reauest for Dermission to address Commission re intersection safety - Greg Kuhl
City Manager Johnson stated that Mr. Kuhl is not present at this meeting and asked
that this item be deleted from the agenda.
. Presentation of master clan for Coocer Park - Dick Pohl
Included in the Commissioners' packets was a copy of the Cooper Park Master Plan,
dated June 1998, as prepared by Mr. Dick Pohl.
Recreation Superintendent Sue Harkin stated that the Recreation and Parks Advisory
Board has asked Mr. Pohl to prepare a master plan for Cooper Park, noting this is the last
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developed park to be master planned. She noted that once he prepared the plan, it was
submitted to the neighbors for review and comment and then to the Board for its consideration.
She stated that, after a few minor changes, the Board approved this plan at its June 4 meeting.
She then distributed the four pages which were revised prior to the Board's approval of the
. document.
Mr. Dick Pohl stated that the master plan for Cooper Park reflects an overall consensus
of the neighborhood and those who participated in the public hearing process. He gave an
overview of the plan, noting that it is designed to restore the historic character of the park.
He stated the park is to be passive, with no designated fields or structures. He noted there
was a formal circle in the center of the park, and the proposal is to restore that circle and path
system and reinforce the pathways with the s~rategic planting of ornamental trees. He stated
the curbs are to be repaired around the edges of the park, to eliminate some of the paths which
currently exist but which are not part of the master plan, and the existing underground
restrooms are to be abandoned and bermed. He noted that handicapped access curbs are to
be provided at four different locations around the park for easy access. He suggested if, at
. some time in the future, the neighborhood or the community in general feels the restrooms
should be a part of the park, then a new building can be considered.
Mr. Pohl stated that the replanting of trees in the park was also identified as an
important issue. He noted that over 50 percent of the shade trees are American Elm trees,
which can be severely impacted by Dutch Elm disease. He suggested that the new trees be
of the same form, with high canopies, but of different species. He also noted that the
perimeter of the park should be reinforced with trees similar in character to the Elm. He stated
that the trees in the interior of the park could be Sugar Maple, Norway Maple, American linden
and small ornamental trees like the Flowering Crabs. He noted the Tree Advisory Board has
suggested a paragraph be added to indicate that, at certain times, tree trimming and tree
removal may be necessary.
. Mr. Pohl stated that another key component in the plan is preserving the large open
space for spontaneous activities. He noted that five different locations for picnic facilities have
also been identified within the park. He stated that with reconfiguration and development of
the pathway system through the park, those areas will become well defined. He also noted
that the new pathway system will provide improved circulation through the park.
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Mr. Po hi stated that historic style benches and light fixtures are proposed, to convey the
historic character of the area. He also noted that the flower beds will be designed to enhance
the character of the park. He then indicated that the light fixtures will be shielded so they
don't cast light into the surrounding neighborhoods.
. Mr. Dick Pohl stated that the last page of the report provides a budget analysis. He
noted that the neighborhood has been actively involved with this park over the past several
years, and suggested that some of the neighbors may be willing to donate trees.
Responding to questions from Commissioner Rudberg,
Mr. Pohl stated he is
recommending no smaller than 1 Y2-inch caliper trees be planted in the park. He noted that this
will help to maintain a more uniform urban forest and minimize the impacts when older or
diseased trees are removed.
Commissioner Rudberg suggested that memorial plaques be encouraged in the park,
noting it could provide a history of families for many years to come.
Responding to Commissioner Youngman, Mr. Pohl stressed that this is a master plan and
not a development plan for Cooper Park. He then recognized that portions of the park,
. particularly where paths have been created by use, will need to be reseeded when the new
paths are developed. He suggested that, with education and encouragement, people will use
the new trails rather than trying to continue using the existing trails.
The Commissioners recognized the merits of the master plan and thanked Mr. Pohl for
his preparation of the plan.
Continued review of Dreliminarv Dlat for Amended Plat of West Park Manor Subdivision -
Western Federal Savinas Bank of Montana - subdivide 1.283 acres described as Lots 6 and 7
of the Rearranaement of a vortion of Lot 8. West Park Manor. First Addition. into three lots for
commercial uses (1941 West Main Street) (P-9824)
This was the time and place set for continued review of the preliminary plat requested
by Western Federal Bank of Montana under Application No. P-9824, to subdivide 1.283 acres
. described as Lots 6 and 7, Rearrangement of a portion of Lot 8, West Park Manor, First
Addition, into three lots for commercial uses. The subject property is more commonly located
at 1941 West Main Street.
Associate Planner Jody Olsen gave the Commissioners a brief overview of the
preliminary plat, under which two existing lots are to be subdivided into three lots for
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commercial uses. She reminded the Commissioners that they considered this item at their June
1 meeting, at which time they voted to delay the decision because of concerns over traffic in
the vicinity and directed staff to assess the traffic situation and determine if signage and traffic
calming devices are needed.
. City Engineer Craig Brawner noted that, in a memo dated June 8, staff has forwarded
options for Commission consideration. He noted that, in a memo dated June 11, some
additional information was requested. He then stated that Commissioner Youngman has
suggested a condition similar to the condition imposed on the Harvest Creek preliminary plat
pertaining to traffic calming, and a copy of that condition has been included for Commission
consideration.
Associate Planner Olsen stated that a wide range of options remain for Commission
consideration. She then noted the only new condition is that the applicant sign waivers of right
to protest the creation of an SID for the installation of traffic calming devices.
Responding to Commissioner Smiley, the Associate Planner stated that the information
submitted by the neighborhood in 1996 identified a number of alternatives which had been
. explored, including retaining the barricade, installing a cul-de-sac at West Beall Street, and
traffic calming options.
Responding to Commissioner Rudberg, Associate Planner Olsen stated that the applicant
has a copy of the new condition.
Responding to Commissioner Youngman, the Associate Planner stated that if traffic
calming devices are installed through a special improvement district, whether all property
owners along North 20th Avenue will be required to participate in the costs will depend on
where the boundaries of the district are drawn.
City Engineer Craig Brawner noted that traffic calming alternatives for this segment of
the community, as discussed in April 1996, included using bulbs and using traffic circles at the
intersections of North 22nd Avenue and West Beall Street and North 20th Avenue and West
. Beall Street. He stated that the estimated costs of those two options were $60,000 to
$70,000, including engineering.
Commissioner Youngman stated she feels there is justification for requiring a device next
to the subject property, suggesting an island or whatever staff determines is appropriate. She
forwarded her position that the City should ask for something from the developer, and that is
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the one item pertaining to traffic that she feels would be appropriate. She also asked that the
developer be required to sign a waiver of right to protest the creation of a future SID to address
traffic problems along North 20th Avenue.
Commissioner Frost stated that for the past six years, the City has looked at the traffic
. problems on North 20th Avenue, and he feels the applicant should be required to participate
in addressing that issue. He then indicated his support for Commissioner Youngman's
suggestion.
Mayor Stiff stated he is concerned about the problems that could result from allowing
three businesses to be constructed on this site rather than the two that would be allowed under
the current lot configuration. He also stated he is not comfortable with the idea of creating an
SID to address the traffic problems because that could be costly to the neighborhood. He
concluded by stating that he cannot support this application.
"',
Commissioner Rudberg noted that the Commission recently voted to remove two
temporary traffic circles, and she cannot support requiring the installation of them along this
street. She then stated that, at this time, no one knows what will be developed on this
. property and, therefore, cannot identify the possible traffic impacts. She then forwarded her
position that the traffic issue is more appropriately addressed during a development review
process rather than at this time.
Commissioner Youngman noted that any traffic calming devices to be installed along
North 20th Avenue would not be at intersections, but would serve to slow traffic at mid-block.
She then suggested that the installation of an island adjacent to this property could
appropriately serve to calm the traffic along this portion of the street. She then stated the staff
has never suggested the installation of traffic calming devices; rather, the Commission has
requested them.
Commissioner Smiley stated that she feels the construction of two smaller buildings on
the property would be more appropriate than one large building. She then questioned whether
. those two structures would generate more traffic than one building. She recognized that the
existing island will need to be changed because of changes to the existing driveways, but
stressed that any other impacts on traffic are not yet known.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the preliminary plat requested by Western Federal Bank of Montana under
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Application No. P-9824, to subdivide 1.283 acres described as Lots 6 and 7, Rearrangement
of a portion of Lot 8, West Park Manor, First Addition, into three 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 Mon
tana Department of
Environmental Quality approving the plansand specifications for water or
sanitary facilities, certification from the City Engineer certifying that as-
built drawings for public improvements were
received, a platting
certificate, and all required and corrected certificates. Two cloth back (or
equivalent) and mylar (or equivalent) copies of the final plat must be
submitted for final plat approval, along with a digital copy of the final plat,
on a double sided, high-density 3 Y:z-inch floppy disk.
2. A perpetual, reciprocal easement shall be provided between proposed Lots
2 and 3 for the joint use of the existing parking area drive aisle and for the
existing driveway access off of North 20th Avenue. The easement
document shall be submitted to the City Engineer for review and approval,
and shall be filed at the Gallatin County Clerk and Recorder's Office with
the final plat.
3. Prior to final plat approval, the developer shall install a new parking area,
for the existing building on proposed Lot 3, which contains at least twelve
(12) parking spaces. This new parking area shall be parallel to the existing
parking lot to be contained on proposed Lot 2. These two parking areas
. shall share the same drive aisle. The parking space(s), located adjacent to
the existing building to the west shall be eliminated. The existing parking
spaces to the east of the existing building can be retained for a total of
fifteen (15) standard and one disabled accessible parking spaces on
proposed Lot 3.
A grading and drainage plan shall be prepared for the new parking area,
and shall be submitted to the City Engineer for review and approval.
If installation of the new parking area requires moving or re-aligning the
existing drive access onto North 20th Avenue, the developer shall obtain
a sidewalk permit and a curb cut permit from the Engineering Department.
Driveway accesses onto North 20th Avenue shall be at least twenty-four
(24) feet wide for two way traffic, but cannot exceed thirty-five (35) feet
in width. Further, if the existing drive access onto North 20th Avenue is
widened or moved, any proposal to move or reconfigure the island in North
20th Av~nue shall be submitted to the Street Superintendent and City
Engineer for review and approval.
4. If a new drive access onto North 20th Avenue is installed, to provide
access to proposed Lot 1, the developer shall obtain a sidewalk permit and
a curb cut permit from the Engineering Department.
. 5. All private drive approaches shall be constructed in accordance with the
City's standard approach, i.e., concrete apron, sidewalk section and drop-
curb.
6. Typical curb details (Le. raised and/or drop curbs) and typical asphalt
paving section detail shall be provided to and approved by the City
Engineer.
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7. On the final plat, all existing utility and other easements shall be shown.
A public utility easement shall be provided along the side and rear lot lines
of each lot. Rear and side yard utility easements shall be twenty (20) feet
wide and centered on lot lines. In the event front yard easements are
used, rear yard easements shall still
be provided unless written
confirmation is submitted to the Planning Department from all utility
companies indicating that front yard easements only are adequate. .Front
. yard utility easements shall be twelve (12) feet wide.
8. The final plat shall show a one foot "No Access Strip" along the West
Main Street right-of-way to prevent direct access to proposed Lot 3 from
West Main Street.
9. The final plat shall provide for the widening of the existing twenty-four
(24) foot wide egress easement, located along the east property line, as
the easement approaches North 20th Avenue to match the existing edge
of pavement.
10. Prior to final plat approval, the mouth of the existing drive access onto
North 20th Avenue, for the existing egress easement, shall be widened to
at least twenty-four (24) feet.
11. Before the final plat is accepted, 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.
12. Prior to final plat approval, all areas disturbed during construction shall be
re-seeded with vegetation types approved by the Gallatin County Weed
Control Supervisor.
. 13. The necessary permits and approvals shall be obtained from the Montana
Department of Environmental Quality,
for the water supply and
wastewater facilities proposed for this subdivision.
14. A Stormwater Drainage Plan/Treatment Plan and Maintenance Plan for a
system designed to remove solids, silt, oils, grease and other pollutants
must be provided to and approved by the City Engineer. The plan must
demonstrate that adequate site drainage will be achieved by providing
sufficient spot elevations and flow direction arrows. Stormwater
conveyance details, including channel sizing calculations and channel
shape and side slopes shall be provided. Stormwater discharge destination
and a storm water maintenance plan shall also be provided. If the grading
design discloses any adverse impact to off-site properties, necessary
design alterations and/or drainage conveyance devices and easements
shall be provided.
15. The location of existing water and sewer mains shall be clearly depicted,
as well as nearby fire hydrants.
16. Sewer and water services shall be properly shown and approved by the
Water and Sewer Superintendent. City of Bozeman applications for
. service shall be completed by the applicant.
17. The former bank building, which will be contained on proposed lot 3, can
continue to use the existing 1 Y2-inch water service to the building. New
water services shall be installed to provide water to proposed Lots 1 and
2. The installation of new water services will require a pavement cut in
North 20th Avenue. The applicant shall apply for, and receive, a
pavement cut permit prior to installation of new water services.
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18. The former bank building, which will be contained on proposed Lot 3, can
continue to use the existing 4 inch sanitary sewer stub off the 8-inch clay
line in the sanitary sewer easement towards the rear of the site. New
sanitary sewer stubs shall be installed for proposed Lots 1 and 2.
Easement shall be provided where sewers cross lot lines. .
19. The Montana Power Company power transformer that provides service for
. the existing, former bank building shall be relocated from proposed Lot 2
to proposed Lot 3 at the subdivider's expense. The relocation of the
transformer shall occur before the existing bank drive-through is removed,
and before any new parking lot improvements are installed. The
subdivider shall work with Montana Power Company to find an adequate
location for the transformer on proposed Lot 3. A public utility easement,
that is at least ten feet wide, shall be provided along rear lot lines beyond
the existing twenty-four foot wide egress easement, for the provision of
power and gas utilities.
20. The applicant shall provide and file with the Gallatin County Clerk and
Recorder an executed waiver of right to protest the creation of an SID for
traffic calming or other traffic control improvements in the West Park
Minor area between West main Street and Durston Road. The waiver shall
specify that in the event an SID is not utilized for the completion of said
improvements, the owner(s) agree to participate in an alternative financing
method for the completion of said improvements on a fair share,
proportionate basis as determined by the square footage of the property,
taxable valuation of the property,
traffic contribution from the
development, or a combination thereof.
The motion failed by the following Aye and No vote: those voting Aye being Commissioner
. Rudberg and Commissioner Smiley; those voting No being Commissioner Frost, Commissioner
Youngman and Mayor Stiff.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the preliminary plat requested by Western Federal Bank of Montana under
Application No. P-9824, to subdivide 1.283 acres described as Lots 6 and 7, Rearrangement
of a portion of Lot 8, West Park Manor, First Addition, into three 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 Montana
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, and all required and corrected certificates. Two cloth back (or
equivalent) and mylar (or equivalent) copies of the final plat must be
submitted for final plat approval, along with a digital copy of the final plat,
on a double sided, high-density 3 Y2-inch floppy disk.
2. A perpetual, reciprocal easement shall ,be provided between proposed Lots
2 and 3 for the joint use of the existing parking area drive aisle and for the
existing driveway access off of North 20th Avenue. The easement
document shall be submitted to the City Engineer for review and approval,
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and shall be filed at'the Gallatin County Clerk and Recorder's Office with
the final plat.
3. Prior to final plat approval, the developer shall install a new parking area,
for the existing building on proposed Lot 3, which contains at least twelve
(12) parking spaces. This new parking area shall be parallel to the existing
parking lot to be contained on proposed Lot 2. These two parking areas
. shall share the same drive aisle. The parking space(s), located adjacent to
the existing building to the west shall be eliminated. The existing parking
spaces to the east of the existing building can be retained for a total of
fifteen (15) standard and one disabled accessible parking spaces on
proposed Lot 3.
A grading and drainage plan shall be prepared for the new parking area,
and shall be submitted to the City Engineer for review and approval.
If installation of the new parking area. requires moving or re-aligning the
existing drive access onto North 20th Avenue, the developer shall obtain
a sidewalk permit and a curb cut permit from the Engineering Department.
Driveway ~ccesses onto North 20th Avenue shall be at least twenty-four
(24) feet wide for two way traffic, but cannot exceed thirty-five (35) feet
in width. Further, if the existing drive access onto North 20th Avenue is
widened or moved, any proposal to move or reconfigure the island in North
20th Avenue shall be submitted to the Street Superintendent and City
Engineer for review and approval.
4. If a new drive access onto North 20th Avenue is installed, to provide
access to proposed Lot 1, the developer shall obtain a sidewalk permit and
a curb cut permit from the Engineering Department.
. 5. All private drive approaches shall be const.ructed in accordance with the
City's standard approach, Le., concrete apron, sidewalk section and drop-
curb.
6. Typical curb details (Le. raised and/or drop curbs) and typical asphalt
paving section detail shall be provided to and approved by the City
Engineer.
7. On the final plat, all existing utility and other easements shall be shown.
A public utility easement shall be provided along the side and rear lot lines
of each lot. Rear and side yard utility easements shall be twenty (20) feet
wide and centered on lot lines. In the event front yard easements are
used, rear yard easements shall still
be provided unless written
confirmation is submitted to the Planning Department from all utility
companies indicating that front yard easements only are adequate. Front
yard utility easements shall be twelve (12) feet wide.
8. The final plat shall show a one foot "No Access Strip" along the West
Main Street right-of-way to prevent direct access to proposed Lot 3 from
West Main Street.
. 9. The final plat shall provide for the widening of the existing twenty-four
(24) foot wide egress easement, located along the east property line, as
the easement approaches North 20th Avenue to match the existing edge
of pavement.
10. Prior to final plat approval, the mouth of the existing drive access onto
North 20th Avenue, for the existing egress easement, shall be widened to
at least twenty-four (24) feet.
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11. Before the final plat is accepted, 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.
12. Prior to final plat approval, all areas disturbed during construction shall be
re-seeded with vegetation types approved by the Gallatin County Weed
Control Supervisor.
. 13. The necessary permits and approvals shall be obtained from the Montana
Department of Environmental Quality, for
the water supply and
wastewater facilities proposed for this subdivision.
14. A Stormwater Drainage Plan{Treatment Plan and Maintenance Plan for a
system designed to remove solids, silt, oils, grease and other pollutants
must be provided to and approved by the City Engineer. The plan must
demonstrate that adequate site drainage will be achieved by providing
sufficient spot elevations arid flow direction arrows. Stormwater
conveyance details, including channel sizing calculations and channel
shape and side slopes shall be provided. Stormwater discharge destination
and a storm water maintenance plan shall also be provided. If the grading
design discloses aflY adverse impact to off-site properties, necessary
design alterations and/or drainage conveyance devices and easements
shall be provided.
15. The location of existing water and sewer mains shall be cle~rly depicted,
as well as nearby fire hydrants.
16. Sewer and water services shall be properly shown and approved by the
Water and Sewer Superintendent. City of Bozeman applications for
. service shall be completed by the applicant.
17. The former bank building, which will be contained on proposed Lot 3, can
continue to use the existing 1 %-inch water service to the building. New
water services shall be installed to provide water to proposed Lots 1 and
2. The installation of new water services will require a pavement cut in
North 20th Avenue. The applicant shall apply for, and receive, a
pavement cut permit prior to installation of new water services.
18. The former bank building, which will be contained on proposed Lot 3, can
continue to use the existing 4 inch sanitary sewer stub off the 8-inch clay
line in the sanitary sewer easement towards the rear of the site. New
sanitary sewer stubs shall be installed for propQsed Lots 1 and 2.
Easement shall be provided where sewers cross lot lines.
19. The Montana Power Company power transformer that provides service for
the existing, former bank building shall be relocated from proposed Lot 2
to proposed Lot 3 at the subdivider's expense. The relocation of the
transformer shall occur before the existing bank drive-through is removed,
and before any new parking lot improvements are installed. The
subdivider shall work with Montana Power Company to find an adequate
location for the transformer on proposed Lot 3. A public utility easement,
. that is at least ten feet wide, shall be provided along rear lot lines beyond
the existing twenty-four foot wide egress easement, for the provision of
power and gas utilities.
20. Prior to final plat approval, the subdivider shall install an appropriate traffic
calming device on North 20th Avenue adjacent to the subject property.
The subdivider shall work closely with the Engineering Department to
select the appropriate type and location for the traffic calming device.
Plans and specifications for the traffic calming device shall be submitted
to the Engineering Department for review and approval.
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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.
. Ratify Funding Agreement between City-County Planning Board and Montana DeDartment of
TranSDortation for the transDortation Dlan uDdate; authorize City Manaaer to sian agreement
on behalf of City
Included in the Commissioners' packets was a copy of the Funding Agreement for the
Bozeman Transportation Plan 1998 Update between the City-County Planning Board and the
Montana Department of Transportation.
Planning Director Andy Epple stated the agreement before the Commission at this time
is slightly revised from the draft of the agreement previously seen by the Commission. He
noted that the new agreement reflects a total project cost of $125,000, $25,000 of which is
to be funded through a local match. He stated this will be accomplished by contributions of
$15,000 from the City and $10,000 from the County, which is the amount of the local match
reflected in the draft agreement.
. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission authorize the City Manager to sign the Funding Agreement for the Bozeman
Transportation Plan 1998 Update. 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.
Ordinance No. 1473 - establishing an initial zoning designation of "R-2" on lot 1. Block 2.
Pleasant Valley Subdivision (S Valley Drive)
Included in the Commissioners' packets was a copy of Ordinance No. 1473, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1473
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-2"
(RESIDENTIAl--SINGlE-FAMIL Y, MEDIUM-DENSITY) ON 0.51 ACRES
DESCRIBED AS lOT 1, BLOCK 2, PLEASANT V ALLEY SUBDIVISION.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Ordinance No. 1473, establishing an initial zoning designation of "R-2" on Lot 1, Block 2,
06-15.98
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Pleasant Valley Subdivision, be pro.visionally adopted and that it be brought back in two weeks
for final adoption. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner
Youngman and Mayor Stiff; those voting No, none.
.
Discussion re commitment of $1 08.000 in CTEP funds to an approved oroiect bv October 1998
City Manager Johnson noted that the Commission has previously received a memo from
Neighborhood Coordinator/Grantsperson James Goehrung, dated May 11, in which he listed
the projects previously approved by the Commission for CTEP funding, the State's position on
those projects, and requested Commission direction on submitting additional projects for
consideration.
Assistant City Manager Ron Brey stated that the bicycle route project and the historic
downtown lighting project have been reviewed and preliminarily rejected by the Montana
Department of Transportation, and subsequent discussions with the Department have revealed
that those projects probably cannot be funded under the Community Transportation
. Enhancement Program. He then forwarded Grantsperson Goehrung's request that he be
directed to go back to the Enhancement Steering Committee to identify another project to be
submitted to the State for funding. He stressed the importance of ensuring that these funds
are obligated by Octob~r, or the City will lose them.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission authorize and direct staff to reconvene the Enhancement Steering Committee for
the purpose of identifying other projects to be submitted to the State for funding through CTEP
monies. 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.
. Discussion - clarification of ooen space reauirements for Sundance Sorings Subdivision
Included in the Commissioners' packets were a memo from Assistant Planning Director
Debbie Arkell, dated June 8, requesting clarification of the open space requirements for
Sundance Springs Subdivision; a copy of the minutes from the December 4, 1995, Commission
meeting at which the Commission approved the planned unit development and preliminary plat
06-1 5-98
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for the Sundance Springs Subdivision; and a memo from Assistant Planning Director Arkell,
dated June 11, forwarding additional information regarding this request for clarification.
City Manager Clark Johnson noted that, as of late this afternoon, Mr. Potter has
withdrawn his initial proposal and offered another proposed which would bring the proposal for
. Phase I into substantial compliance, with 48 percent open space being provided. He stated,
as a result, staff needs time to review the new proposal before it submits a report to the
Commission on whether it complies.
Planning Director Andy Epple stated that after the Commission approves a preliminary
plat, staff is responsible for making sure that the final plat complies with the conditions
attached to the preliminary plat approval. He noted that if the final plat complies, it is not
submitted to the Commission; however, if it .does not comply, then it must be submitted to the
Commission for consideration. He stated that during review of the final plat, the staff makes
sure the lot layouts are the same on the final plat as on the preliminary plat and that the
appropriate amount of open space is provided.
The Planning Director stated that, on initial review, it appears the new final plat which
. has just been submitted seems to comply with the preliminary plat approval. He indicated the
issue which the staff must research further is the status of the 20-foot additional rear yard
setback that the applicant is proposing.
Commissioner Youngman stated she feels the Commission should consider the final plat,
even if the staff determines it meets the conditions attached to the preliminary plat because
of the issues which have been raised about the open space.
Following discussion, a majority of the Commissioners indicated a desire to have the final
plat brought back to the Commission for consideration.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
. Information" items.
(1 ) Copy of a letter from the Super 8 Motel to Code Enforcement Officer Roy Beall,
dated June 1, 1998, requesting that they be allowed additional signage.
(2) Letter from Judy Blackmore, 1004 East Babcock Street, dated June 4, regarding
frisbee golf in Lindley Park.
06-1 5-98
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Responding to Commissioner Rudberg, the City Manager stated that he will respond to
Mrs. Blackmore and let her know that the City is trying to find a solution that is acceptable to
both the disc golfers and other users of the park.
(3) Copy of a form letter, from residents of the apartment complex at the corner of
. North 19th Avenue and West Beall Street, requesting the installation of a traffic signal at the
intersection, along with a letter from one of the residents.
(4) Copy of the notice of public hearing on the preliminary budget, scheduled for 7:00
p.m. on Monday, June 29.
(5) Listing of the impact fees collected since 1996.
(6) Memo from Park/Cemetery/Forestry Superintendent McNeil, dated June 11,
forwarding the additional information about his budget which the Commission had requested.
Commissioner Rudberg noted that, according to the information in this letter, it takes
187 manhours to water the flowers along Main Street each summer. She suggested that time
could be better spent in maintaining parks.
(7) Letter from the Gallatin Association of Realtors, dated June 11, regarding
. affordable housing.
(8) Letter from Joe Driskell, Alcohol and Drug Services of Gallatin County, dated June
10, forwarding a report on the 4th Annual National Association of Drug Court Professionals
Conference held in Washington, D.C., on June 4 through 6.
(9) Copy of the notice of special meeting scheduled for 6:30 p.m. on Tuesday, June
16, in the Conference Room at the Professional Building.
(10) Minutes for the Parking Commission meeting held on March 12, 1998.
(11 ) Minutes for the Parking Commission meeting held on May 14, 1998.
( 12) Minutes for the Cemetery Board meeting held on May 7, 1998.
( 13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, June 16, in the Commission Room.
. (14) Agenda for the City-County Planning Board meeting to be held at 1 :30 p.m. on
Tuesday, June 16, in the Commission Room.
( 15) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
June 16, 1998.
06-1 5-98
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(16) The City Manager submitted his weekly report, as follows. ( 1) Stated he has
received a memo from Judy Blackmore, 1004 East Babcock Street, dated June 15, regarding
the planting of new trees in Lindley Park. He indicated that he will refer this matter to the
Recreation and Parks Advisory Board, for review and a recommendation to be forwarded to the
. Commission. He stressed the importance 9f the City being able to maintain its parks in
accordance with the development plans that have been previously approved, and that includes
the planting of replacement trees. (2) Announced that the District 10 meeting of the Montana
League of Cities and Towns will be held at 2:00 p.m. on Tuesday, June 23, in the Conference
Room. (3) Stated that law enforcement personnel attended a risk management training session
last Thursday.
( 17) Staff Attorney Tim Cooper announced that Alex Ammann has been hired as the
new legal secretary.
(18) Commissioner Youngman stated another Sundance Springs issue came to her
attention over the weekend. She noted that they have applied to the Army Corps of Engineers
to relocate a portion of Nash Spring Creek, and the Commission approved the development
. based on the creek being in its current natural location. She suggested that the Commission
write a letter to the Army Corps of Engineers asking that they schedule a public hearing
because the creek's location was subject to a significant amount of discussion during the
development review process.
Responding to Commissioner Youngman, Assistant Planning Director Debbie Arkell
stated that only one lot is affected by the streambank setbacks under the current creek location
and proposed final site plan. She then indicated that Army Corps of Engineers conducts a
public input process on all applications for stream relocation.
( 19) Commissioner Smiley submitted the following. (1) Attended the Tree Advisory
Board meeting, at which they looked at the master plan for Cooper Park. (2) Attended the
Parking Commission meeting on Thursday morning, at which they discussed different ways to
. restrict parking in the various lots.
(20) Responding to questions from Commissioner Rudberg, Assistant City Manager
Ron Brey stated that various options for addressing the concerns that have been raised by
residents in the residential parking district are being discussed.
06-1 5-98
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- 16 -
(21 ) City Manager Johnson stated that he has received several telephone calls
regarding the process which the City is following in injecting sludge from the Wastewater
Treatment Plant on fields. He stated that those residents of the Springhill area have also filed
a petition, citing groundwater problems as the reason for their concern.
. Director of Public Service Phill Forbes stated that, of the 53 wells tested, 5 had
identifiable problems. He noted that the users of those wells were concerned and contacted
the Montana Office of the EPA, who sent someone to inspect. He noted the result of that
inspection is that Bozeman is meeting the requirements of the EPA, although there are some
housekeeping changes that the City has been asked to make. He stated one of those changes
is to identify in the City's records more specifically which areas have been injected, rather than
simply listing the property owner's name and the acreage being injected.
The Director of Public Service then acknowledged that the people in the Ross Creek area
have problems, particularly on nitrate levels, but he stated that the injection program does not
seem to have any impact on those levels. He noted that the City is currently injecting about
50 acres of land located 1 Y4 miles north of the subject Ross Creek area, so the residents are
. aware that the injection is taking place.
Director of Public Service Forbes stated that he realizes the City has not done the type
of public relations work it might have done regarding biosolids as a beneficial by.product of the
treatment process. He noted that the injecting of sludge has resulted in increased yields for
local farmers. He then proposed that a presentation to the Commission at an upcoming work
session might be the best way to begin the public relations process.
The Director of Public Service noted that 80 percent of the wells in the Ross Creek area
are located in shale, and 20 percent of the septic tanks in that area have not been permitted.
He suggested that those septic tanks and the livestock in the area may be contributing to the
contamination problems that residents are encountering.
Mayor Stiff thanked the Director of Public Service for his presentation, stating it has
. provided him with some valuable information that he can use when responding to telephone
calls from that area.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
.
06-1 5-98
- 17 -
Authorize City Manaaer to sian - Annexation Agreement with Tablerock
Ventures. Inc. - 89 + acres described as COS No. 1988 (alona west side
of Manley Road. extending north from Griffin Drive to the East Gallatin
River)
Commission Resolution No. 3242 - annexing 89:!:: acres described as COS No.
1988 (along west side of Manley Road. extending north from Griffin Drive
. to the East Gallatin Riyer
COMMISSION RESOLUTION NO. 3242
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
Acknowledae receiDt of staff report for annexation of 1.616 acres described as
Lot 21. Gordon Mandeyille State School Section Subdivision (located 350
feet north of Griffin Drive alona the east side of Meadow Lane)
Commission Resolution No. 3243 - intent to annex 1.616 acres described as Lot
21. Gordon Mandeville State School Section Subdivision (located 350 feet
north of Griffin Drive along the east side of Meadow Lane): set Dublic
hearina for July 20. 1998
COMMISSION RESOLUT!ON NO. 3243
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN,
AND HEREIN MORE
. PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
ExemDtion from subdivision reyiew - Mark and Shane Borden - realignment of
common boundary between Lots 5A-1 and 5B-1. Block 7. Greenway
Subdivision (426 and 428 Greenway Ayenue)
Authorize City Manaaer to sign - Professional Services Agreement with Marvin
and Associates - study to determine tOD seven locations with traffic safety
concerns
Commission Resolution No. 3244 - certifYing semi-annual assessments delinauent
as of May 31. 1998 to the County
COMMISSION RESOLUTION NO. 3244
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS
DUE AND PAYABLE MAY 31,1998, AND UNPAID AS OF 5:00 P.M. ON JUNE
1,1998, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE
ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE
. BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO
CERTIFY THE SAME TO THE GALLATIN COUNTY
TREASURER FOR
COLLECTION.
Commission Resolution No. 3245 - establishina 1998B Sidewalk Program and
ordering that sidewalks be installed in certain areas
COMMISSION RESOLUTION NO. 3245
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
06-1 5-98
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- 18 -
MONTANA. ESTABLISHING THE "1998B SIDEWALK PROGRAM"
AND
ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF
BOZEMAN. AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110.
MONTANA CODE ANNOTATED.
Commission Resolution No. 3246 - relatina to the creation of SDecial
ImDrovement District No. 664 and the issuance of bonds for district (West
. Beall Street between North 23rd Avenue and North 25th Avenue)
COMMISSION RESOLUTION NO. 3246
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA. RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 664;
CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN
LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND
INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT
DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT
REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT
BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
Authorize Mavor to sign - letter of SUDDort for Earlv Head Start oroaram proDosal
Authorize City Manaaer to sian - Professional Services Aareement with MSE-
HKM. Inc.. Bozeman. Montana. for 1997 Water Renovations Proiect
Authorize and direct staff to oroceed with Master Plan Amendment to amend the
Parks. Ooen Soace and Trails Plan
Confirm award of bid for infrastructure imorovements for Bozeman Interfaith
. Housina II. Phase II. to Crosland Excavatina. Bozeman. Montana. in the bid
amount of $89.816.00
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.
-
Executive session re personnel
Mayor Stiff announced his intent to close the meeting and enter into executive session,
under Section 2-3-203(3), M.C.A., to discuss a personnel issue which relates to a matter of
. individual privacy. He stated that he has determined the demands of individual privacy clearly
outweigh the merits of public disclosure.
At 4:40 p.m., Mayor Stiff called an executive session for the purpose of discussing
personnel issues and asked all of the persons except the City Manager, Assistant City Manager,
City Attorney, Fire Chief, Personnel Director and Clerk of the Commission to leave the room.
06-1 5-98
- 19 -
At 5:00 p.m., it was moved by Commissioner Youngman, seconded by Commissioner
Smiley, that the executive session be closed and the meeting reopened. 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.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission find that the charges established by the Fire Chief have been proven and upheld.
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.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission support and uphold the Fire Chief's determination and identified course of action.
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.
.
Executive session re Dersonnel.- evaluation of City Manager
City Manager Johnson stated he does not wish to waive his right to privacy, but
requested that the Commission conduct his evaluation in executive session.
At '5:02 p.m., Mayor Stiff announced that, pursuant to Montana state law (Section
2-3-203[3], M.C.A.), the Montana Constitution and the Montana Supreme Court rulings, he,
as presiding officer, has determined that the right to privacy clearly exceeds the merits of public
disclosure. He then called an executive session for the purpose of evaluating the City Manager
and requested that all persons except the Commissioners, City Manager and Clerk leave the
room.
At 5:35 p.m., Mayor Stiff closed the executive session and reconvened the open
. meeting, announcing that it will be continued following the public hearings.
Recess - 5;35 D.m.
Mayor Stiff declared a recess at 5:35 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
06-1 5-98
- 20-
Reconvene - 7:00 D.m.
Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
. Public hearing - Ordinance No. - establishing six-month moratorium on the aDDroval and
issuance of conditional use permits for commercial radio and television towers and antennae
This was the time and place set for the public hearing on a draft ordinance, as approved
by the City Attorney, entitled:
ORDINAN
CE NO.
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR A SIX-MONTH
MORATORIUM ON THE APPROVAL AND ISSUANCE OF CONDITIONAL USE
PERMITS FOR RADIO AND TELEVISION TOWERS AND ANTENNAS WITHIN THE
CITY LIMITS AND WITHIN AN AREA ONE (1) MILE BEYOND THE CORPORATE
BOUNDARIES OF THE CITY OF
BOZEMAN DUE TO THE POTENTIAL
PROLIFERATION OF RADIO AND TELEVISION TOWERS AND ANTENNAS
UNDER INADEQUATE ZONING PROVISIONS.
Mayor Stiff opened the public hearing.
Associate Planner Chris Saunders presented the staff report. He reminded the
. Commissioners that two weeks ago, they considered a similar ordinance, which placed a six-
month moratorium on cellular broadcast facilities. He noted that, as a part of the discussions
regarding that moratorium, staff realized that radio and television broadcast towers were not
included. He noted that this ordinance will now expand the moratorium to include them as
well.
Responding to Commissioner Rudberg, the Associate Planner confirmed that those
applications currently in process will not be affected by the adoption of this ordinance.
Staff Attorney Tim Cooper noted that notice in the Bozeman Daily Chronicle indicated
that the moratorium was intended to address commercial radio and other towers; however, no
such qualifier is contained in the proposed ordinance. He indicated that amateur radio towers
are subject to different requirements from commercial towers under the City's zone code. He
. noted that, since amateur radio towers are not subject to the conditiona.! use permit process,
they are not subject to this moratorium.
The Staff Attorney stated that, based on previous research by one of the other staff
attorneys and on the telecommunications laws, he feels it is appropriate to act on applications
which have been filed prior to the adoption of this ordinance.
06-1 5-98
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- 21 -
Mr. Jefferson Tong, 516A Bryant Avenue, stated he owns Bridger Communications and
is President of the Gallatin Ham Radio Club. He indicated his concerns revolve around the
purpose of the ordinance and how it will affect local companies doing business and locally
operated paging companies. He asked that any changes to the zone code be fair and equitable
. to everyone involved. He concluded by forwarding his willingness to assist the City in
preparing the revisions to the zone code.
Mr. Kip Gilbert, General Manager of KMMS radio, stated his main concern is the fact that
they have a conditional use permit application in the pipeline, and they need to move their
tower to better serve the community. He indicated their intent is to install a 160-foot tower
which takes advantage of the new technology.
Mr. Don Godward, radio operator, suggested that the ordinance be written to make it
clear that non-commercial radio services or amateur radio services are exempt from the
provisions of the ordinance.
Associate Planner Chris Saunders stated the purpose of the moratorium is to give staff
the time to research the regulations and possible language to be included in the ordinance
. pertaining to radio and television broadcast towers and to work with members of the public and
the industrial to determine the specific interests of the community. He noted that the zone
code was written before the proliferation of cellular technology and the new materials and
types of antennae. He indicated that the general issue of location will be considered,
recognizing that some types of transmitters are limited on where they may be placed while
others may have more flexibility in their placement. He indicated that all of those types of
issues will be considered during the moratorium.
Staff Attorney Cooper stated that the amateur radio operators will not be affected by
this ordinance because the language in the ordinance references conditional use permits. He
then indicated he does not believe the word "commercial" needs to be inserted to clarify the
ordinance; however, he proposed inserting language into the ordinance to make it clear that the
. moratorium applies only to those applications filed after the effective date of this ordinance.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
Ordinance No. 1474, providing for a six-month moratorium on approval and issuance of
conditional use permits for radio and television towers and antennas, be adopted, as amended
06-1 5-98
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to include the phrase "on applications filed after the effective date of this ordinance". 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 hearing - COA with deviations from Sections 18.50.060 and 18.18.050. Bozeman
MuniciDal Code. to allow second story Dorch/deck/stairs to OCCUDY more than one-third of wall
and to allow cantilevered floor area to extend into the reauired 20-foot rear yard setback on
Lots 13-17. Block 50. Northern Pacific Addition - Ken VanDeWalle. 408 North Plum Avenue
(Z-9860)
This was the time and place set for the public hearing on a Certificate of Appropriateness
with deviations from Sections 18.50.060 and 18.18.050 of the Bozeman Municipal Code, as
requested by Ken VanDeWalle under Application No. Z-9860, to allow a second story porch,
deck and stairs to occupy more than one-third of the wall and to allow a cantilevered floor area
to extend into the required 20-foot rear yard setback on Lots 13 through 17, Block 50,
Northern Pacific Addition. The subject property is more commonly located at the northeast
corner of the intersection of Fridley Street and North Plum Avenue.
. Mayor Stiff opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
under this application, a new two-story, single-family residence with a garage underneath is to
be constructed on a vacant lot. He noted that the applicant has worked well with the staff and
has indicated a willingness to accept the conditions recommended by staff.
The Historic Preservation Planner stated that two deviations are required to allow for
construction of the residence as requested. He noted that they include allowing the second-
story porch and deck to occupy more than 1/3 of the length of the side wall and to allow 88
square feet of cantilevered floor area to extend into the 20-foot rear yard setback. He indicated
that no negative pUblic comment has been received, and staff recommends approval of the
requested deviations.
. Mr. Ken VanDeWalle, applicant, indicated his concurrence with the staff report as
submitted.
Mr. Robert Dougherty, local designer, encouraged Commission approval of this infill
project. He then indicated his support for the requested deviations, stating he feels that the
result will be a new home which blends in with the surrounding area.
06-1 5-98
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No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Certificate of Appropriateness with deviations from Sections
. 18.50.060 and 18.18.050 of the Bozeman Municipal Code, as requested by Ken VanDeWalle
under Application No. Z-9860, to allow a second story porch, deck and stairs to occupy more
than one-third of the wall and to allow a cantilevered floor area to extend into the required 20-
foot rear yard setback on Lots 13 through 17, Block 50, Northern Pacific Addition, subject to
the following conditions:
1. The applicant shall obtain written verification from the City Engineer's
Office regarding the appropriate street address for said property, and
provide said verification to the City-County Planning Office prior to the
issuance of a building permit.
2. The applicant shall obtain written verification from the City Sewer and
Water Department regarding the acceptability of the proposed relocation,
configuration, and depth of an existing sewer line. Said verification shall
be provided to the City-County Planning Office prior to the issuance of a
building permit.
. 3. If and when necessary, the applicant shall obtain any and all home
occupation permits from the City of Bozeman, and meet the provisions as
outlined in Section 18.18.150.
4. The applicant shall. take steps to ensure that reflective character of the
galvanized metal roofing is minimized. A pre-treated metal roofing material
or the utilization of recycled galvanized metal that already contains a
patina is recommended. A sample of the proposed roofing material, that
depicts both its reflectivity and color should be submitted to the City-
County Planning Department for review and approval prior to the issuance
of a building permit.
5. To better relate the proposed exterior stairs, decks, and porches to the
surrounding neighborhood, wood shall be utilized as a building material.
The stairs, decks, and porches, should be painted or stained to have a
finished appearance. Colors should be coordinated with the proposed
stucco finish and board and batten siding.
6. To better ensure that the numerous diverse building materials of this
project proposal are interrelated with the proposed new design and this
historic neighborhood, an overall color scheme for all exterior surfaces --
including the proposed stucco finish, roof, board and batten siding, decks,
. porches, stairs, and trim--shall be submitted to the City-County Planning
Department for review and approval prior to the issuance of a building
permit.
7. The applicant shall obtain a building permit within one year of Certificate
of Appropriateness approval or this approval shall become null and void.
8. 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
06-1 5-98
- 24-
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
. those voting No, none.
Public hearing - COA with deviations from Sections 18.18.050 and 18.50: 160. Bozeman
MuniciDal Code. to allow front Dorch to encroach 4 feet into required 25-foot front yard setback
on a non-conforming structure which encroaches into the reauired 8-foot side yard setback on
Lot 21. Block 1. Babcock & Davis Addition - Jim Fine for 415 East Lamme Street (Z-9873)
This was the time and place set for the public hearing on a Certificate of Appropriateness
with deviations from Sections 18.18.050 and 18.50.160 of the Bozeman Municipal Code, as
requested by Jim Fine under Application No. Z-9873, to (illow a front porch to encroach 4 feet
into the required 25-foot front yard setback on a non-conforming structure which encroaches
into the required 8-foot side yard setback on Lot 21, Block 1, Babcock arid Davis Addition. The
subject property is more commonly located at 415 East Lamme Street.
. Mayor Stiff opened the public hearing.
~istoric Preservation Planner Strahn presented the staff report. He stated that under this
application, a new porch is to be constructed along the front elevation and the rear addition is
to be expanded. He also noted that the siding and shingles are to be replaced. He indicated
that the proposed front porch will encroach 4 feet into the required 25~foot front yard setback,
and he has found that such an encroachment is consistent with the neighborhood. He
concluded by forwadring staff's recommendation for. approval of the application, subject to the
two boilerplate conditions, characterizing it as a dramatic improvement to the site.
The applicant indicated concurrence with the staff report and noted that he would
respond to questions.
No one was present to speak in opposition to the requested deviations.
. Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness with deviations from Sections
18.18.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Jim Fine under
Application No. Z-9873, to allow a front porch to encroach 4 feet into the required 25-foot
06-1 5-98
- 25 -
front yard setback on a non-conforming structure which encroaches into the required 8-foot
side yard setback on Lot 21, Block 1, Babcock and Davis Addition, subject to the following
conditions:
1. The applicant shall obtain a building permit within one year of Certificate
. of Appropriateness approval or this approval shall become null and void.
2. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any mod ifications to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff;
those voting No, none.
Public hearing - COA with deviations from Sections 18.18.050. 18.50.050 and 18.50.060.
Bozeman MuniciDal Code. to allow a Dorch addition to encroach 5 feet into the reauired 15-foot
corner side yard setback and the Dorch to encroach 6 feet into the reauired 25-foot front yard
setback on a non-conformina structure on Lot 13. Block 5. Babcock & Davis Addition -
Matthew Crocker for 308 North Church Avenue (Z-9874)
. This was the time and place set for the public hearing on a Certificate of Appropriateness
with deviations from Sections 18.18.050, 18.50.050 and 18.50.060 of the Bozeman
.
Municipal Code, as requested by Matthew Crocker under Application No. 2-9874, to allow a
porch addition to encroach 5 feet into the required 15-foot corner side yard setback and allow
the porch to encroach 6 feet into the required 25-foot front yard setback on a non-conforming
structure on Lot 13, Block 5, Babcock and Davis Addition. The subject property is more
commonly located at 308 North Church Avenue.
Mayor Stiff opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
under this application, front and side porches are to be added to the house, along with window
boxes and trim details. He also noted that a three-foot-high wood picket fence is to be installed
. along the north and west proper~y lines. He reviewed the three deviations required in
conjunction with this application, which include allowing the porch addition to encroach 5 feet
into the required 15-foot corner side yard setback and 6 feet into the required 25-foot front
yard setback, and allowing expansion of a structure which does not meet the required corner
side yard setback.
06-1
5-98
- 26 -
The Historic Preservation Planner stated that staff has reviewed this application. He
indicated that, after conducting the review, staff determined that the project will enhance the
character of the site and the appearance of the neighborhood. He then forwarded staff's
recommendation for approval, subject to the boilerplate conditions.
. The applicant indicated a willingness to respond to questions.
No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Certificate of Appropriateness with deviations from Sections
, .
18.18.050, 18.50.050 and 18.50.060 of the Bozeman Municipal Code, as requested by
Matthew Crocker under Application No. Z-9874, to allow a porch addition to encroach 5 feet
into the required 15-foot corner side yard setback and allow the porch to encroach 6 feet into
the required 25-foot front yard setback on a non-conforming structure on Lot 13, Block 5,
Babcock and Davis Addition, subject to the following conditions:
1. The applicant shall obtain a building permit within one year of Certificate
. of Appropriateness approval or this approval shall become null and void.
2. This project shall be, constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff;
those voting No, none.
Break - 7:35 to 7:37 D.m.
Mayor Stiff declared a break from 7:35 p.m. to 7:37 p.m., in accordance with
Commission policy.
.
Public hearina - Commission Resolution No. 3236 - intent to annex 13.096-acre oarcellocated
in the SE*. NE* and the NE*. SE*. Section 18. T2S. R6E. MPM (A-9803)
This was the time and place set for the public hearing on Commission Resolution No.
3236, as approved by the City Attorney, entitled:
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COMMISSION RESOLUTION NO.
3236
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABJTANTS THEREOF AND THE INHABITANTS OF TRACT OF LAND
CONTIGUOUS TO SAID CITY
OF BOZEMAN, AND HEREIN MORE
PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
. BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
Mayor Stiff opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
Bozeman Deaconess Health Services has applied for annexation of a 13.09-acre "T"-shaped
parcel which is wholly surrounded by city limits. She noted the subject parcel is located west
of Highland Boulevard, south of Hillcrest Retirement Center and north of Highwood
Condominiums and the City's water tank. She stated the applicant is requesting annexation
so the property can obtain City services to accommodate future development. She noted that
the long-range plan is to provide senior housing in the area and, as a result, the applicant is also
seeking a zone map amendment for this property plus the surrounding 24 acres, to
accommodate the development.
. The Assistant Planning Director stated that staff. has reviewed this application in light
of the four goals and eleven policies contained in Commission Resolution No. 3137, and the
staff's comprehensive findings are contained in the written staff report which has been
distributed to the Commission. She gave a brief overview of those findings, noting that staff
has recommended that the following six issues be addressed in the annexation agreement:
1. The Annexation Agreement, which addresses all conditions placed on the
application by the City Commission, shall be returned to the City of
Bozeman within one year of the City Commission's vote to annex the
property, or the annexation approval will be void.
2. The property owner(s) shall provide usable water rights, or cash in-lieu
thereof, in an amount to be determined by the Director of Public Service,
at the time the property is developed through subdivision or site plan
review.
3. The property owner should be advised that street and utility easements for
. the extension of public streets and infrastructure may be required at the
time the property is developed. This could include the extension of
Kenyon Drive through the property.
4. The property owner should be advised that prior to development of the
property, the future developer(s) may be required to prepare, at their own
expense, a comprehensive design report evaluating existing capacity of
water and sewer utilities, stormwater master plan and traffic impacts.
The Annexation Agreement should
include notice that substantial
.
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limitations for growth exist in the wastewater collection system for this
property which will need to be addressed in conjunction with development
of the parcel. Water pressure is also minimal in this area and individual
booster pumps may be required for service. The developer will be
responsible for installing any facilities required to provide full municipal
services to the property in accordance with the City's. Infrastructure
Master Plans and all city policies and guidelines that may be in effect at
. the time of development.
5. The Annexation Agreement shall include an executed Waiver of Right to
Protest the Creation of Special Improvement Districts for a city-wide Park
Maintenance District, which would provide a mechanism for the fair and
equitable assessment of maintenance costs for City parks.
6. An annexation map with a legal description of the property shall be
submitted by the applicant for use with the annexation agreement. The
map must be supplied on a mylar for City records (18 inches by 24
inches), and on 8 % -inch by 14-inch paper for filing with the Annexation
Agreement with the County Clerk and Recorder. This map must be
acceptable to the Director of Public Service, and shall be submitted with
the signed Annexation Agreement.
Mr. Jerry Taylor, Taylor Architects representing Bozeman Deaconess Health Services,
reiterated that the long-term goal is to provide senior housing in this area. He noted that to
accomplish this goal, annexation and City services are essential. He concluded by indicating
a willingness to respond to questions.
. Responding to Commissioner Youngman, Staff Attorney Cooper stated he has not
developed a proposed condition pertaining to affordable housing. He stressed that this
annexation is only 13 acres of the 37 acres being proposed for rezoning in the next agenda
item, and any condition of annexation would pertain to only the 13 acres.
Commissioner Youngman suggested that a condition be added to the property must be
developed for senior housing as currently planned.
Staff Attorney Cooper recognized that under this type of annexation process, the parties
can agree to almost anything; however, he has not been able to fully research the extent to
which this annexation ties to the rezoning in the next agenda item and whether this type of
condition on the annexation could be construed as conditional zoning, which is not allowed.
Commissioner Rudberg noted that during last week's work session, the possibility of
. allowing "R-3" zoning on this property with the safeguards of a condition on the annexation
that would allow only senior housing on the site was discussed. She expressed concern that,
without that safeguard to ensure the community is protected, it may not be appropriate to
change the zoning to "R-3".
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Assistant City Manager Ron Brey stressed that annexation is a contract and, as long as
the contract is between two willing parties, whatever they are willing to do is fair game. He
then indicated that, without being specific, he feels the Commission can take the steps
necessary under this requested anr:1exation to require the type of development that has been
. proposed.
Responding to Commissioner Rudberg, the Assistant City Manager stated that
completion of the rezoning process will be contingent upon completion of the annexation, even
though not all of the property proposed for rezoning is being annexed.
Commissioner Frost noted that, no matter whether the property is zoned "R-2" or "R-3",
senior housing can still be provided under the planned unit development section of the code.
Mrs. Louise Hosking, 2305 Arrowleaf Hills Drive, characterized this annexation as more
desirable than the one which the Commission is considering across Highland Boulevard because
it is currently surrounded by the city. She then encouraged the Commission to proceed with
rezoning of the subject property very carefully.
Mrs. Hosking expressed concern about the significant amount of land being proposed
. for annexation in this area, and the potential for quite high residential development of that land.
She encouraged the Commission to carefully consider the elderly as well as the young families
in New Hyalite View Subdivision and the subdivisions immediately south of town who have
worked hard to purchase a home and who have chosen to live in this area because of its
existing character. She stressed that many of those who live outside the city limits have
chosen to do so, and she is concerned about the potential that the community will be built up
around them and they will soon be engulfed by the city. She suggested, rather, it would be
more appropriate to develop those areas within the city which are undeveloped at this time.
Mr. John Montagne, 1201 Highland Boulevard, stated his support for the requested
annexation, noting there is a need in the community for graduated care housing for seniors.
He then stated that, with the number of retirees that there are in the community, the need for
. graduated care facilities will become even greater i~ the next few years. He recognized that
Hillcrest currently provides a wonderful retirement community, but he suggested that to create
an even more independent level of living would further enhance it. He concluded by noting that
the "T" shaped parcel is the key to the project and encouraged Commission approval of this
request.
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Mr. Garth Voigt, 3318 Sundance Drive, stated his concurrence with Dr. Montagne's
comments as well as Mrs. Hosking's comments. He noted that he and his wife had visited
Bozeman for twenty years before moving here seven years ago. He stated that since moving
here, he has mowed his 1 + acre every year, in an area which has been essentially agricultural
. but is now being developed. He indicated his support for the type of housing which the
Bozeman Deaconess Health Services is proposing for the subject site, suggesting that it could
be considered in the same category as affordable housing. He concluded by encouraging
Commission approval of this requested annexation, noting that it could serve to meet a real
need in the community.
Ms. Madeline Garcia questioned whether taxes would be paid on this property if it is
annexed into the city, since it is owned by Bozeman Deaconess Health Services. She also
asked if the City taxpayers will bear the costs of developing this site, including the extension
of water and sewer, if the property is tax exempt.
Dr. John Parker, 1612 South Tracy Avenue, noted that some people have expressed
concern about the amount of traffic on Highland Boulevard. He noted, however, that he has
. lived in Bozeman a long time, and he has been impressed with the foresight, planning and
execution of a beltway around the edge of the community which includes Highland Boulevard,
Kagy Boulevard and 19th Avenue. He concluded by noting the subject area is a nice area and
indicated he would like to see it developed intelligently.
City Manager Johnson stated the Bozeman Deaconess Health Services currently pays
property taxes on the office buildings which are connected to the hospital. He stressed that
the developer of this property will be required to install infrastructure, including the extension
of water and sewer lines, and any development on the site will be subject to impact fees and
the payment of water and sewer bills and street and tree maintenance district assessments
even if it remains in the ownership of a tax exempt entity and remains eligible fortax exempt
status.
. 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 authorize and direct. staff to proceed with the preparation of an annexation
agreement which addresses Item Nos. 1 through 6 as listed above plus a condition that the
property be developed for senior citizen housing, to the extent it is legally permissible. The
06-1 5-98
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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 - Zone Mac Amendment - "R-S". "R-1" and "BP" to "R-3" - Bozeman Deaconess
Health Services - 37 acres located in the NE %. SE % and SE %. NE % of Section 18. T2S. R5E.
MPM (west of Hiahland Boulevard and south of Hillcrest Retirement Center) (Z-9836)
This was the time and place set fOJ the public hearing on the Zone Map Amendment, as
requested by Bozeman Deaconess Health Services under Application No. Z-9836, to amend the
zoning from "R-S", Residential--Suburban Country Estates, "R-1", Residential--Single-family,
Low-density, and "BP", Business Park, to "R-3", Residential--Medium-density, on 37 acres
located in the Northeast one-quarter, Southeast one-Quarter and the Southeast one-Quarter,
Northeast one-Quarter of Section 18, Township 2 South, Range 5 East, Montana Principal
Meridian. The subject property is located west of Highland Boulevard and south of Hillcrest
Retirement Center.
Mayor Stiff opened the public hearing.
. Assistant Planning Director Debbie Arkell 'Presented the staff report. She stated that
under this application, the zoning on the 13 acres considered in the previous public hearing plus
24 acres surrounding that "T" shaped parcel is to be changed to "R-3", Residential--Medium-
density. She reviewed the current zonings on the property, which include low-density
residential and business park designations. She stated that the applicant has proposed rezoning
to "R-3", to accommodate future development of proposed senior housing. She noted that
.
housing would be consistent with the development immediately to the south, and would
contain multi-family structures with two to four units each. She noted that all of the units are
to be single-story and constructed in clusters with pods of open space.
The Assistant Planning Director stated that the City-County Planning Board conducted
its public hearing on this application at its meeting held on June 2, 1998. Following the public
. hearing and consideration of the twelve criteria, the staff's comprehensive findings as
contained in the written staff report and the public testimony received, the Planning Board
forwarded a recommendation for "R-2", Residential--Single-family, Medium-density, rather than
the requested "R-3". She stated that the proposed zoning is the same as exists immediately
to the south in which the Highwood Estates Condominiums are built, the New Hyalite View
06-1 5-98
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Subdivision and the remainder of the property owned by Bozeman Deaconess Health Services
along the east side of Highland Boulevard.
Assistant Planning Director Debbie Arkell stated that staff has received a letter of
opposition and a petition of opposition to the requested "R-3" zoning, containing the 36
. signatures; and noted that 22 of the 31 condominiums units
in HighwoodEstates
Condominiums are represented on that petition. She then indicated that if written protest has
been received from more than 20 percent of the properties within 150 feet of the subject
property, a super-majority vote of the Commission is required; however, staff has not had
adequate time to verify if that requirement is triggered by the petition of opposition since many
of the signatories own condominiums.
The Assistant Planning Director stated that staff has reviewed this application in light
of the twelve criteria established in the Montana Code Annotated, and the
staff's
comprehensive findings are contained in the written staff report which has been distributed to
the Commission. She indicated that neither the Planning staff nor the Planning Board supported
the requested "R-3" zoning because of the character of the surrounding area. She noted that
. Highwood Estates is the only multi-family development in the area, and that was developed
through a planned unit development. She noted that the proposed "R-2" zoning would provide
for single-family development at a medium density or for a planned unit development that will
allow for the type of multi-family development which Bozeman Deaconess Health Services has
indicated it wishes to construct. She stated that under the "R-3" zoning, one- to five-family
dwelling units are allowed as well as a variety of uses which are not allowed in the "R-2" zone.
She concluded by reiterating the recommendation that the zoning be changed to "R-2" rather
than the requested "R-3".
Mr. Jerry Taylor, Taylor Architects representing Bozeman Deaconess Health Services,
stated the applicant has recently completed an intensive market analysis and planning effort
for the Hillcrest Retirement Center. He noted that, following that process, Bozeman Deaconess
. Health Services determined that the community can currently support 58 to 60 senior
independent living units. He stated that those units are to be downsized units for people who
are ready to move from the large sprawling homes in which they raised their families to a more
manageable residence. He noted that the only zone which allows the type of housing they are
proposing is the "R-3" zone because the units are to be 600 to 1,100 square feet in size, which
06-1 5-98
- 33 -
is smaller than the 1,250 square feet required in the "R-2" zoning district. He stated that the
proposed units are to be grouped into primarily duplexes with a few four-plexes, which will help
to decrease the expense of extending infrastructure to the living units. He indicated that the
new units are to be constructed in a relatively compact configuration close to the existing
. Hillcrest facility.
Mr. Taylor stated the 58 units to be constructed at this time will not cover the entire 37
acres, thus allowing for future phases of development. He noted that, as previously mentioned
by one ofthe residents of Hillcrest, they have attempted to develop a graduated living situation.
Mr. Taylor recognized that there has been a great deal of concern about the proposed
"R-3" zoning and the possible impact it might have on the traffic on Highland Boulevard. He
suggested that a senior independent living development will have a very low traffic impact
since quite a high percentage of the residents do not drive on a daily basis. He also suggested
that the single-story buildings are to be designed and constructed in a manner which is
sensitive to the neighbors. He noted that they are concerned about not only the residential
developments to the south, but Hillcrest Retirement Center residents as well, and plan to take
. steps to minimize any impacts on the quality of life in the area.
Mr. Taylor concluded by stating he feels the requested "R-3" zoning is appropriate,
particularly in light of the development which they are proposing and the existing Highwood
Estates development immediately to the south. He noted that the applicant prefers this
approach to the alternative of an "R-2" zoning designation and the planned unit development
process, which can be very time-consuming and expensive. He then encouraged Commission
approval of this application.
Mr. John Nordwick, Chief Executive Officer of Bozeman Deaconess Health Services,
stated it is their intent to develop a continued care retirement center which will serve the
community extremely well. He stated that providing independent living cottages will meet a
need which currently exists within the community but is not fulfilled. He noted that now seems
. to be the proper time to add that new option, and he wishes to proceed as expeditiously as
possible. He encouraged the Commission to approve the requested "R-3" zoning, noting it will
provide the zoning necessary for the desired type of development.
Mr. Terry Threlkeld, Allied Engineering, stated he worked with Taylor Architects to
prepare the applications for annexation and this zone map amendment. He stated that after
06-1 5-98
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taking into careful consideration the type of development that the applicant is proposing and
the types of development allowed under the various zoning designations, they determined the
"R-3" zoning was the most appropriate. He then reiterated the concerns which have been
previously expressed about the costs and time it takes to process a planned unit development
. application, particularly on a project where keeping the costs down is very important.
Responding to Mayor Stiff, Assistant Planning Director Debbie Arkell stated that in the
"R-2" zone, the minimum dwelling unit size is 1 ,000 square feet, and in the "R-3" zone, the
minimum dwelling unit size is 600 square feet. She noted that, through the planned unit
development process, the minimums in the zone code may be relaxed and duplexes, tri-plexes
and four-plexes could be allowed, thus easily accommodate the type of development which
Bozeman Deaconess Health Services is proposing.
Responding to Commissioner Youngman, the Assistant Planning Director recognized that
the condition attached to the annexation applies to only 13 acres of this 37-acre parcel;
however, she noted that a majority of the property adjacent to Highwood Est!3tes would be
subject to that condition.
. Mr. Chris Stamation, 1757 Highland Boulevard, stressed that he is not opposed to senior
citizens or senior citizen housing. He stated, however, that he is opposed to the requested
"R-3" zoning because of the economic and environmental changes that could occur if the
property is rezoned and this proposed development is not constructed.
Mr. Sherm Jahnke, Chair of the Board of Trustees for Bozeman Deaconess Health
Services, stated it is their intent to maximize open space and minimize the space taken up by
the clustered housing. He stressed that the open space is to be provided on the perimeter of
the housing development, characterizing open space within the development as unusable. He
further noted the housing units are to be clustered close to the Hillcrest Retirement Center
because residents of the independent housing units may wish to take a,dvantage of the Center's
dining facilities.
. Mr. Jahnke stated that one of the reasons they are requesting the "R-3" zoning is to
allow for the type of energy efficient housing that will accommodate seniors on fixed incomes.
He noted that minimizing the outside wall perimeter by constructing multi-family units helps to
provide an architecturally pleasing development that meets their goal.
06-1 5-98
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Mr. Jahnke noted that, even though the Board of Directors of the Bozeman Deaconess
Health Services has changed over the years, they have owned this property since the 1960s.
He concluded by stating that they don't intend to sell the property; rather, they wish to proceed
with the plan that has been submitted.
. !VIs. Madeline Garcia expressed concern about the potential of this property being zoned
"R-3" and then the plans for development of the site changed in the future. She noted there
is absolutely no guarantee that th~ property will be developed as suggested at this meeting.
She stated that if the property were zoned "R-2", as suggested by the Planning staff and
Planning Board, then the type of development which has been proposed tonight could be
accommodated through the planned unit development process; however, the neighborhood
would be better protected if this type of development does not occur.
Ms. Garcia noted that if the housing units are built as low-income units, there appears
.
to be nothing to prevent someone other than seniors to move into them. She stated that, with
the anti-discrimination regulations and the lack of affordable housing in the community, as well
as the desirability of living in this area, she is very concerned that it 'would be possible for
. young families and university students to move into this development.
Ms. Garcia noted that Highwood Estates has been mentioned several times. She asked
the Commissioners, however, to remember that there are only 31 units in that development and
hundreds of single-family homes. She concluded by encouraging the Commissioners to rezone
the subject property to "R-2" rather than the requested "R-3" zoning.
Mayor Stiff noted that if the condition added by Commissioner Youngman in the previous
decision remains in place, then the "T"-shaped parcel will have limitations on how it may be
developed.
Assistant Planning Director Arkell reminded the Commission that the issue under
consideration at this time is the zoning, with future development to be subject to the
appropriate review processes, including subdivision. She suggested that during those
. processes, steps could be taken to ensure that the neighborhood is protected.
Responding to Mayor Stiff, the Assistant Planning Director estimated that going through
the planned unit development review process would take six to eight weeks longer than going
through the standard review process. She also recognized that the costs would be greater
because substantially more information is required.
06-1 5-98
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Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
Commissioner Rudberg recognized that zoning may not be conditioned, and the City-
County Planning Board did not have the benefit of dealing with the annexation prior to
considering this requested rezoning, so they had no mechanism for ensuring the development
. of affordable housing for seniors on this subject property. She noted that affordable housing
is an issue on which the Commission has spent a considerable amount of time, and stressed
that affordable housing is important to senior citizens. She also suggested that senior citizens
make good neighbors since they tend to retire early and generate a minimum amount of traffic.
She then stated that the requested "R-3" zoning will make the gevelopment more affordable
and, as long as the surrounding properties are protected by the conditions of annexation, she
feels it is appropriate.
Mayor Stiff stated that he, too, feels that this decision, when layered with the previous
decision, provides a safeguard which was not available for consideration by the City-County
Planning Board. He then indicated that the applicant has a good track record in development
in this area and, based on the previous decision, he feels it would be appropriate to approve
. the requested "R-3" zoning.
Commissioner Youngman cautioned that the Commission does not have the assurances
from the previous decision because it is not yet known if the added condition is legal. She
suggested that, because of the sensitivity of the area, it would be appropriate to approve the
zoning contingent upon the annexation.
Assistant City Manager Ron Brey noted that only the parcel in the middle of this site is
seeking annexation while the entire parcel is seeking rezoning. He then stressed that the
request for rezoning must be weighed against the twelve criteria set forth in the State statutes.
He reminded the Commission that there is no guarantee that the type of development that has
been discussed tonight under this rezoning hearing will occur if the requested "R-3" zoning is
approved. He stated that the permitted uses in the "R.3~' zone about which concern has been
. expressed are not allowed in the "R-2" zone, thus. ensuring better protection for the
neighborhood.
Responding to Commissioner Rudberg, the Assistant City Manager stated that there is
no guarantee that the type of development which has been described tonight will occur. He
06-' 5-98
- .. ~_. . -..
- 37 -
recognized, however, that no neighborhood concern has been voided about that specific
proposal; rather, it has revolved around other uses which are allowed in the "R~3" zone.
Responding to Commissioner Frost, the Assistant City Manager stated that if a mutually
agreeable annexation agreement is not reached, then the 13-acre parcel will not be annexed
. and the requested rezoning will not occur on any portion of the subject 37-acre parcel.
Assistant Planning Director Arkell stated that the Commission's decision on the rezoning
should include a requirement that a metes and bounds description be provided for the area to
be rezoned and should be contingent upon acceptance of the annexation agreement for the 13-
acre parcel.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Zone Map Amendment, as requested by Bozeman Deaconess Health
Services under Application No. Z-9836, to amend the zoning from "R-S", Residential--Suburban
Country Estates, "R-1", Residential--Single-family, Low-density, and "BP", Business Park, to
"R-3", Residential--Medium-density, on 37 acres located in the Northeast one-quarter,
Southeast one-quarter and the Southeast one-quarter, Northeast one-quarter of Section 18,
. Township 2 South, Range 5 East, Montana Principal Meridian, contingent upon annexation of
the subject 13-acre parcel, and authorize and direct staff to bring back an ordinance enacting
the zone change upon completion of the annexation process and receipt of a metes and bounds
legal description. 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.
Break - 9:07 to 9: 17 D.m.
Mayor Stiff' declared a break from 9:07 p.m. to 9: 17 p.m., in accordance with
Commission policy.
. Executive session (continued) re Dersonnel - evaluation of City Manager
At 9: 17 p.m., Mayor Stiff called a continued executive session for the purpose of
evaluating the City Manager and requested that all persons except the Commissioners, City
Manager and Clerk leave the room.
06-1 5-98
- 38 -
At 10:03 p.m., Mayor Stiff closed the executive session and reconvened the open
meeting.
Adjournment - 10:03 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 m~eting 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.
ATTEST: --- '
. -----:.~ -
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Clerk of the pQmml$Sion
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06-1 5-98