HomeMy WebLinkAbout1997-08-11 Minutes, City Commission
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MINUTES OF THE WORK SESSION/AGENDA MEETING/SPECIAL MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 11, 1997
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 11, 1997, at 3:00 p.m.
Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, Staff Attorney Cooper and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Stueck asked if any of the Commissioners wished to remove any of the Consent
Items for discussion. Commissioner Youngman requested that the professional
services
agreement with Woodward-Clyde International Americas be removed for discussion.
Signing of Notice of Special Meeting
. Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Continued preliminary plat review - West Babcock Manufactured Home Court - subdivide
20.1542 acres located in the SW%.. Section 11, T2S, R5E, MPM, into 92 manufactured home
spaces; variance from Section 16.12.040.E.. to allow dead end private street with no cul-de-
sac (south side of 2700 block of West Babcock Street) ~ Gene Cook (P-9723)
This was the time and place set for the continued review of the preliminary plat for West
Babcock Manufactured Home Court, as requested by Gene Cook under Application No. P-9723,
to subdivide 20.1542 acres located in the Southwest One-Quarter of Section 11, Township 2
South, Range 5 East, Montana Principal Meridian, into 92 manufactured home spaces.
In
conjunction with this preliminary plat, the applicant is also seeking a variance from Section
16.12.040.E., to allow a dead end private street with no cul-de-sac. The subject property is
. located along the south side of the 2700 block of West Babcock Street.
Mayor Stueck reopened the continued public hearing.
Assistant Planning Director Debbie Arkell presented the staff report on behalf of
Assistant Planner Chris Saunders. She noted that under this application,
92 lots are to be
created for rental or lease purposes, therefore, the lots will not be deeded or sold and no plat
will be filed at the Clerk and Recorder's Office.
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The Assistant Planning Director stated that the City-County Planning Board conducted
its public hearing on this application at its June 3 meeting.
Following the public hearing, the
review criteria and the staff's comprehensive written findings, as contained in the staff report,
the Board forwarded its recommendation for approval, subject to twenty conditions.
The Assistant Planning Director noted that some of the concerns raised during the
. hearing before the Planning Board included density, the provision of adequate amenities, the
potential for increased criminal activity as a result of this subdivision, landscaping and
buffering, screening, impacts of traffic on West Babcock Street, and enforcement of the
conditions of approval.
The Assistant Planning Director stated that two variances were requested in conjunction
with this subdivision. The first is to allow a dead end street without a cul-de-sac for Donna
Avenue at the east property line. The Assistant Planning Director
noted that under the
subdivision regulations, roads are to be extended to the next property line.
However, in this
instance, the adjacent property is already developed and, unless two of the existing lots are
acquired for street right-of-way, the street will not be extended through that development. The
. second variance, which was requested subsequent to filing of the original application, would
have allowed White Oak Drive and Red Oak Drive to be offset 125 feet from the roads entering
West Babcock Street from the north. She noted that the
roads within the subdivision have
been realigned and the variance, therefore, is no longer needed.
Assistant Planning Director Debbie Arkell stated that issues discussed by the Planning
Board during the public hearing included the sewer bottlenecks downstream from the
subdivision and the need for either addressing those bottlenecks or constructing a new
alternative sewer line. She noted that, because of concerns about traffic
on West Babcock
Street, the Board felt that a traffic study should be required before the final plat for this
subdivision is approved. She stated that two different reports have been submitted regarding
the traffic impacts of this subdivision and the adjacent subdivision, prepared by different
. engineering firms, forwarding different results.
The Assistant Planning Director stated that an 11-percent parkland dedication is required
for residential subdivisions; however, in subdivisions for rent or lease, common use facilities
may be substituted for a portion of the parkland requirement. She noted that in this instance,
less than the 11-percent parkland dedication is proposed, plus park improvements and a
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community building facility with recreational equipment and facilities and a clubhouse area.
She stressed that the building must be maintained for the residents, and not converted to a
laundromat or office for the park.
The Assistant Planning Director stated that the recommended conditions for approval
include the requirement for landscaping on individual lots as well as along the West Babcock
. Street frontage and the east and south boundaries, and a 6-foot-high wooden fence along the
western boundary. She stressed that, because of the 30-foot-wide sewer easement along that
boundary and the sewer main which runs within that easement, any landscaping along that
boundary must be limited to hedges and small shrubs to ensure that the roots do not negatively
impact the sewer line.
The Assistant Planning Director stated that the applicant has proposed 37-foot-wide
streets, back-of-curb to back-of-curb, which is a City-standard street, throughout
the
subdivision. She noted that these streets are to be installed within 37-foot-wide rights-of-way
and are to be maintained as private streets. She then stated the applicant proposes, however,
that sidewalks be installed on only one side of the street; and the Planning Board has forwarded
. a recommendation that sidewalks be required on both sides of the street. She reminded the
Commission that the private streets within the mobile home subdivisions immediately to the
north are to be 22 feet wide with sidewalks on only one side.
The Assistant Planning Director suggested that the Commission consider a revision to
Condition NO.5 to clarify that temporary cul-de-sacs are to be required on White Oak Drive and
Red Oak Drive if the subdivision is constructed in two phases.
She then asked that the
Commission seek clarification from the applicant on the type of lighting to which Condition No.
19 refers, and consider amending the condition to more accurately reflect its intent.
Mr. Ray Center, Rocky Mountain Engineers, representing the applicant, stated that the
Assistant Planning Director has covered the issues very well. He stated that Condition No. 19
refers to driveway lights or yard lights, and noted that Mr. Cook has indicated a willingness to
. work with staff to ensure that those lights are appropriate and meet the zone code
requirements.
Mr. Center stated the only disagreement the applicant has with the conditions
recommended by the City-County Planning Board is the requirement for sidewalks along both
sides of the streets. He noted that, for the other two mobile home
parks recently approved,
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sidewalks are required on only one side of the 22-foot-wide streets and, with the wider streets,
he does not feel that sidewalks are needed on both sides of the street.
Mr. Center then distributed to the Commission a copy of the proposed landscaping plan
for a typical mobile home space, noting it includes two deciduous trees and two evergreen
trees. He noted that, while the trees will be small when they are planted, when they reach full
. size, they will provide good screening between this subject property and the property to the
west. He then indicated that the entire mobile home park is to be either sodded or seeded so
that it is not "a trashy looking place".
Mr. Shaun Shahan, 127 Virginia Way, stated he lives in Babcock Meadows, Phase I, and
is a realtor with Mandeville Real Estate. He noted that, as a homeowner, he is concerned about
the value of the homes in this subdivision, particularly those close to the proposed mobile home
park. He noted there are a number of mobile home and manufactured home developments in
the immediate area, and he is concerned about how these might impact future resale of single-
family residences along West Babcock Street.
Mr. Shahan stated he enjoys the neighborhood and his neighbors, which is one of the
. reasons he is concerned about the proposed mobile home park. He expressed concern about
the stigma that has been attached to Babcock Meadows, Phase I, in light of the adjacent
"R-MH" zoning and this proposed manufactured home park. He noted that the homes
are
typically in the $120,000 range, and he is concerned that people are not willing to make that
kind of investment in an area adjacent to a mobile home park.
Commissioner Frost stated he feels that, since the streets in this development are to be
City standard streets with parking on both sides, he feels that having sidewalks on both sides
is imperative, particularly for the safety of the children and the elderly.
Mr. Center reminded the Commission that Mr. Cook is attempting to create an affordable
housing project with this manufactured home park, and requiring sidewalks on both sides of
the street will only increase the costs.
. Commissioner Frost stressed the importance of considering sidewalks in light of safety
issues rather than as an amenity.
Responding to questions from Commissioner Frost, Mr. Center stated that the owner
of the mobile home park will be responsible for maintenance of the wooden fence along the
western property line, rather than the individual mobile home owners adjacent to the fence.
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Responding to questions from Commissioner Youngman, Mr. Center cautioned that,
without an easement from the adjacent property owner to the west, this property owner would
be very hesitant to install landscaping on that side of the fence or maintain that portion of the
fence. He then indicated that the applicant is willing to provide some landscaping on the east
side of the fence, however, he cautioned that such landscaping must be limited to low bushes
. and other types of plantings that will not interfere with the sewer line.
Assistant Planning Director Arkell noted that a six-foot-high wooden fence is quite
effective in screening uses, except possibly from a second story room.
She then stated an
alternative that might create a more aesthetically pleasing result would be 50 feet of wooden
fence and then 10 feet of landscaping. She cautioned that one problem which might arise from
that alternative would be children crossing through the landscaped areas unless a chain link
fence is incorporated into the landscaping.
Mayor Stueck noted the importance of remembering that a sewer easement runs along
the western boundary of the subject property, which means that area could be dug up at any
time if problems are encountered. In light of that, he suggested
that landscaping should be
. kept to a minimum in that area.
Commissioner Youngman expressed concern about the proposed street names for these
isolated segments of road, particularly "Olive" and "Curtiss". She suggested that those names
be changed to avoid potential confusion for those trying to find this development.
Assistant Planning Director Arkell noted that she had raised this same issue with the
planner in charge of this project for the same reasons. She noted
that these short street
segments will not be extended either east or west, and she feels that changing the names
would be most appropriate. She then suggested that the Commissioners include a condition
requiring that the street names be changed and that they be approved by the Director of Public
Service and the Road Superintendent prior to final plat.
Mayor Stueck stated he has a slight problem with the wooden fence, in light of
. maintenance concerns, but he recognizes the need to create a buffer between this property and
the adjacent property. He recognized that, under this application, a neighborhood
is being
created within a neighborhood. He then asked about whether the lease agreement will address
the type of materials used for skirting the manufactured homes, to ensure some level of
consistency with the project.
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The Assistant Planning Director stated that stronger language could be added to the
lease agreement to ensure greater consistency in the skirting of the manufactured homes within
the park, by requiring that the skirting be of similar material and color as the home or
complementary to the home, or possibly by requiring that all of the skirting be the same within
the park.
. Mayor Stueck stated he would like to see some consistency in the types of homes and
the type of siding allowed within this park. He then stressed the importance of ensuring that
appropriate buffering, berming and landscaping are provided along West Babcock Street. He
also suggested that a prominent front entryway into the park could enhance the development's
appearance. He noted that, while he does not wish to see these items added as conditions for
approval, he encourages the developer to consider and address them.
Mr. Gene Cook, applicant, stated he has no problem with the suggested condition
pertaining to skirting. He then indicated he envisions that the manufactured
homes will be
actually set down in the ground, so that they are very close to ground level, with little skirting
showing. He noted that the trees he proposes to plant will be eight to twelve feet tall.
. Mr. Cook stated he plans to accept responsibility for the east side of the fence along the
west property line, noting it would be inappropriate to expect the residents along the edge of
the park to maintain it. He then indicated a willingness to provides some berming on the north
side of the property. He stated that, until the sewer easement and attendant restrictions on
landscaping were identified along the west side of the property, he had planned to do some
berming and rows of hedge materials and trees to provide screening along that boundary.
Mr. Cook forwarded his commitment to make this an attractive project, stating he feels
that his other projects in the community have been attractively and tastefully done. He further
noted that, given the competition in this segment of the market, an attractive park is essential.
Responding to Mayor Stueck, Mr. Cook stated he will provide a traffic study for West
Babcock Street. He then stated that he will work with the City to ensure that the sewer mains
. can adequately serve this development. He suggested that the impact fees being collected by
the City could be used to address any bottlenecks which exist between his property and the
treatment plant. He noted that development of this site was initially approved by the City in
the 1970s, and he has provided the easements necessary to provide water and sewer services
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to other developments in the area. In light of this, he is somewhat concerned that he may now
be required to participate in upgrades to the system before he is allowed to connect to it.
Mr. Gene Cook stated he envisions the club house as a 3,000 + .square.foot
structure
with an exercise area, hot tub and meeting room and possibly a pool. He estimated the cost
of the building at $100,000 to $150,000, noting that these facilities will be available for use
. by all residents of the manufactured home park.
Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
Responding to Commissioner Youngman, the Assistant Planning Director stated
that,
under current regulations, collector streets with parking on both sides must be 37 feet wide,
back.of.curb to back.of-curb. She noted that Red Oak Street and White Oak Street would be
designated as collectors and must meet those standards. She stated
that if no parking is
allowed on the streets, they may be reduced to 22 feet wide.
She then indicated that the
minor streets in the development, which would be the three short east/west streets, could be
34 feet wide, with parking on both sides. She stated that if no parking is allowed on those
streets, they could be reduced to 20 feet in width.
. Responding to Commissioner Frost, the Assistant Planning Director estimated
the length
of Red Oak Avenue at 1320 feet and the length of White Oak Avenue at 1290 feet. She then
noted that, if speed along those streets is of concern, speed bumps could be added.
Commissioner Youngman suggested that the Commission consider allowing 34.foot-
wide streets for Curtiss, Olive and Pine and requiring sidewalks along both sides of Red Oak
Avenue, White Oak Avenue and Donna Avenue. She then stressed the importance of providing
sidewalks in a development so that the children have a place to play, rather than playing in the
street.
Mayor Stueck stated he feels it is important to have sidewalks on both
sides of the
streets entering the development from West Babcock Street.
Commissioner Rudberg stated there are no sidewalks in Covered Wagon Mobile
Home
. Park, which has over 200 mobile homes, and one does not often see children playing in the
street.
Commissioner Frost suggested that four.foot.wide sidewalks be required
rather than the
standard five.foot-wide sidewalks since the streets are private streets.
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Mr. Gene Cook stated that he would be willing to install four-foot-wide sidewalks along
both sides of the north/south streets and asked that he be allowed to install sidewalks on only
one side of the three short east/west streets. He then forwarded
an interest in the narrower
width for those three short streets. He stressed his interest in retaining
enough street width
for parking on both sides, noting that there never seems to be too much parking in a
. subdivision.
Responding to Commissioner Frost, Mayor Stueck stated he does not want to add any
conditions pertaining to berming and landscaping along West Babcock Street. He encouraged
the applicant, however, to seriously consider those issues, particularly in light of the comments
forwarded by the staff, the City-County Planning Board and the City Commission.
Responding to questions from Commissioner Youngman, the Commissioners discussed
alternatives for addressing the fence along the west property line. They indicated that, while
they might like to see the developer maintain both sides of the fence and might like to see the
long expanse of wood broken up on the Babcock Meadows side of the fence, they recognize
that to impose such requirements would become much too complicated. On that basis, they
. determined that the fence should be installed on the property line and that it would be
inappropriate to require the applicant to do any more than install the fence and maintain the
east side of it.
Responding to Commissioner Rudberg, Assistant Planning Director Arkell stated that,
in light of the comments forwarded during this hearing, a total rewrite of Condition No.4 is
needed, and Condition No. 20 may be eliminated. She further
noted that Condition No.5
requires clarification to address the potential of phased development, and a condition must be
added regarding the revised street names.
Commissioner Rudberg stated that she understands the concerns which have been
forwarded regarding this proposed manufactured home park, however, she suggested that
some of those concerns are the result of the current market rather than this proposed
. development. She stated that approval of this application will result in a manufactured home
park being constructed adjacent to an existing one. She recognized that many people feel this
type of development is not appropriate "in my back yard". She concluded by forwarding her
support for this application.
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It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the variance from Section 16.12.040.E., to allow a dead end private
street with no cul-de-sac, and approve the preliminary plat for West Babcock Manufactured
Home Court, as requested by Gene Cook under Application No. P-9723, to subdivide 20.1542
acres located in the Southwest One-Quarter of Section 11, Township 2 South, Range 5 East,
. Montana Principal Meridian, into 92 manufactured home spaces, subject to the following
conditions:
1. The applicant shall design and construct line A2, as designated in the
Draft Wastewater Facility Plan, or an alternative routing, as approved
by
the City Engineer.
A predesign report addressing the master planned
sewer system to identify necessary sewer system improvements required
for full development shall be prepared and submitted to the City Engineer
for review and approval.
2. The final improvement drawings shall be adequately dimensioned.
3. The developer shall be responsible for the payback of SID No. 622
(water) payback area fees and the Main Mall sewer payback area fees.
The complete district(s) payoff must be completed prior to final plat
approval.
4. Sidewalks shall be installed and properly depicted at the approved
location.
Any deviation to the standard alignment or location must be
. approved by the City Engineer.
Sidewalks shall be constructed by the
owners prior to final plat approval.
The developer shall install four-foot-wide sidewalks along both sides of
Red Oak Avenue, White Oak Avenue and Donna Avenue and along one
side of Curtiss Street, Olive Street and Pine Street. These improvements
shall be completed prior to plat approval or secured by an improvement
agreement and financial guarantee.
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. An approved temporary
cul-de-sac shall be installed on Red Oak
Drive and White Oak Drive as necessary, if the subdivision is phased.
6. Utility Occupancy and Street Cut Permits must be obtained from the
County or appropriate governing body for locations of water and sewer
mains within the public right-of-way.
7. The proposed Rental Agreement, Section (III) Conduct and Public Laws,
(A) shall be amended to include adherence to the laws and ordinances of
the City of Bozeman.
. 8. Individual meter pits will be allowed to each space, provided the
developer accepts maintenance responsibility for all service lines beyond
the curb box, including service lines to meter boxes and all fixtures within
the meter box. The City will install and maintain meters in accordance
with current code and policy.
The property owner is responsible for
providing a location at some convenient and accessible point inside the
premises and located so that it cannot freeze.
This location will be a
meter pit at or near the property line. Plans and specifications for main
extensions shall also show location, size, and specific meter box design.
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Service lines must be installed so that the supply of water for each
separate building, house, or customer shall be controlled by a separate
curb stop placed within or near the property line. The curb stop and box
must be kept in readily accessible condition by the owner of the
premises.
Each individual building shall have an independent sewer connection in
accordance with the Uniform Plumbing Code.
. 9. The developer shall provide and file with the Gallatin County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of SIDs
for the following:
a. Street improvements
to West Babcock Street, including
paving, curb/gutter,
sidewalk, and storm drainage facilities.
Alternatively, the applicants may choose to provide a Certificate of
Waiver, however the plat must then be filed with the Gallatin County
Clerk and Recorder.
In either case the waiver must include language
which specifies that in the event SIDs/RIDs are not utilized for the
completion
of these projects, the
property owner shall agree to
participate in an alternate financing method for completion of said
improvements on a fair share, proportionate basis as determined by
square footage of the property, linear front footage of the property,
taxable valuation of the property, or combination thereof.
10. The evaluation of the traffic impacts shall be reconsidered taking into
consideration the concerns identified by Staff in the staff report.
The
applicants shall demonstrate to the satisfaction of the City Engineer's
office that capacity is existing on West Babcock Street to maintain level
. of service C, with the inclusion of project related traffic, prior to final
plat
approval.
11. No direct access to West Babcock Street shall be permitted except by
way of an approved street.
All roads within the subdivision shall be
maintained by the property owner at a minimum of 20 feet clear and
unobstructed width at all times.
Unless otherwise provided, a 45-foot
wide Public Access and Utility Easement along the property's West
Babcock Street frontage shall be granted to the City of Bozeman and filed
with the Gallatin County Clerk and Recorder prior to final plat approval.
The developer shall install stop signs at the intersections of Red Oak
and
White Oak Drives and West Babcock and street name signs, compliant
with City standards, at all street intersections.
12. The final plat shall ensure that 11 % of the lot area, or a City of Bozeman
approved combination of land, improvements, and/or cash is provided for
a usable recreational area.
13. The limits of each mobile home lot shall be marked on the ground with a
suitable means prior to submittal of the plan for final approval. Minimum
access to each mobile home stand shall be 12 feet, and the access shall
. be improved at the time a home is placed on the lot.
14. A landscaping plan shall be provided per 16.16.040.G. of the Bozeman
Area Subdivision
Reg u lations, prepared by
a registered Montana
landscape architect, or other qualified individual as allowed by 18.50.100
of the Zoning Code.
The plan shall include the landscaping of the
proposed park area, placement of an opaque fence along the western
boundary, which shall be a minimum of 6' high, placement of at least one
canopy tree on each lot, boulevard trees along West Babcock Street as
well as other landscape screening to present an attractive landscape, and
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additional landscape
buffering where necessary
along the eastern
boundary of the site.
15. Any development identification sign must comply with the Zoning
Ordinance, in that: a) it must be designed as a "low profile" sign; b)
cannot be higher than five feet; and c) cannot exceed 12 square feet in
sign area. A sign permit
must be obtained from the City Building
Department prior to construction of the sign.
. 16. The developer shall consult with the U.S. Postal Service with regard to
mail service, and the type and location of mail receptacles. If a centrally
located bank of mail receptacles is to be used, the location and access
shall be shown on the final plat.
17. When additions to manufactured homes are proposed, including carports
and porches, a minimum separation of 16 feet shall be maintained
between adjoining manufactured homes, including any additions.
18. The clubhouse depicted as located in the park area shall be used for
recreational purposes only, no commercial users are allowed.
19. Driveway and yard lighting on the individual lots is to be provided shall
meet the dimensional and performance standards of the zone code.
20. Curtiss Street and Olive Street shall be renamed, with the new names
being subject to approval by the Director of Public Service and the
County Road Superintendent prior to final plat approval.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
The Commission further noted that the fence along the western boundary is to be
constructed on the property line; that the developer is to work with staff regarding skirting, to
ensure a uniform appearance; that the issue of skirting is be addressed in the lease agreement;
and that the developer is to work with staff regarding landscaping along West Babcock Street.
City Attorney Luwe stated that findings of fact will be prepared for this preliminary plat
and brought back for action as soon as possible.
Authorize City Manager to sian - Professional Services Aareement between City and
Woodward-Clyde International Americas - short-term and long-term water issues, includina
creliminary environmental assessment for water storage to reclace the old Mvstic lake
. Mayor Stueck reminded the Commission that Commissioner Youngman had requested
this item be removed from the Consent Items.
Director of Public Service Phill Forbes stated that early this year, the selection committee
went through the request for statements of qualifications process to identify engineering firms
interested in providing engineering services for a feasibility study of a dam in the Sourdough
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Creek drainage. He noted that, of the thirteen firms submitting
proposals, Woodward-Clyde
was identified as the most qualified, and negotiations were undertaken for the scope of work
and fees. He stated that this agreement reflects the results
of those negotiations. He noted
that Task 2.5 in Scope of Work has been added because it has been determined, after the
water forum sponsored by the Bozeman Watershed Council, that analysis of groundwater as
. a possible water resource is important.
Commissioner Youngman suggested that in Section 1.1 on the first page of
the
agreement, a new sentence be added between the two existing sentences which reads "The
effects of implementation of a water conservation plan for the City of Bozeman must be
anticipated by the consultant in all planning and analyses done for said Sourdough Creek Dam."
She stated that this proposed language is contained in the original request for proposals, and
she feels it is important to incorporate it into this agreement as well, rather than having it be
only implicit.
Director of Public Service Forbes stated he has no problem with the addition
of the
proposed language, particularly since it is the same language as contained in the request for
. proposals.
Mayor Stueck recognized that this issue must be addressed during the permitting
phase
of the project, and he has no problem with the proposed addition.
Following discussion, a
majority of the Commissioners concurred with the additional language.
Commissioner Youngman then stated that she had some questions about the
equipment
covered by the insurance provided under Section 9.8.
Director of Public Service Forbes stated that the use of some drilling
equipment has been
included under this proposal because of the hydrogeological analysis being required.
He
stressed that the subcontractor to be used has been identified as having a light touch on the
land.
Commissioner Youngman proposed that under Task 1.1 on Page A-l, a statement
be
. added to the introductory paragraph stating that, in addition to the community surveys and
media review, the information collected from past pUblic meetings on water issues, including
minutes from previous Commission meetings, will be reviewed.
Director of Public Service Forbes stated that the information and minutes
from previous
meetings on water issues will be available to the consultant. He then stressed the importance
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of reviewing newspaper stories on water issues to the consultant, because that provides insight
into what information the general public has received. He recognized that, while these stories
may not provide the technical information that may be available from other sources, they do
provide the public perspective.
Following discussion, the Commission determined that no additional language
is needed
. in this section of the agreement, since the information will be available to the consultant.
Commissioner Youngman noted that under Task 1.3 on Page A-3, the consultant
is
proposing two newsletters which are to be two~color and four pages long. She recognized the
significant cost that is involved in adding the second color and suggested that the newsletters
be done in black and white and that they be printed on the front and back of the pages. The
Commissioners concurred with this proposed revision.
Director of Public Service Forbes stated that the consultant has asked
the City to
provide a list of people who might be willing to serve on the task force identified in Task 1.2
on Page A-2. He noted that he has sent letters to fourteen individuals or groups which he felt
may wish to be represented on the task force. Twelve of those have indicated
a desire to
. participate, and a few have identified other groups that should possibly be included in the task
force. He stated that the appointment of the task force will probably be
back before the
Commission in a few weeks.
The Director of Public Service then stated that a list of 100 customers
of the City's
water system has been randomly selected, and from that list, the consultant will survey 25
people. He also noted that they plan to initiate the media review soon and
begin soliciting
public input. He noted that the timing of these steps is good, since summer is nearing an end
and school will soon be back in session. He then estimated that the project should be complete
in nine to twelve months.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
Commission authorize the City Manager to sign the Professional Services Agreement with
. Woodward~Clyde International Americas, as revised to add the sentence, "The effects of
implementation of a water conservation plan for the City of Bozeman must be anticipated by
the consultant in all planning and analyses done for said Sourdough Creek Dam" as the second
sentence in Article 1.1 and delete the two-color provision for newsletters under Task 1.3. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
08-11-97
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Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck;
those voting No, none.
Aaenda Meetina ~ for regular meeting and Dublic hearings to be held on Auaust 18. 1997
Since this is an agenda meeting, only those issues requiring staff action are contained
. in the minutes.
City Manager Johnson briefly reviewed the background information which was included
in the Commissioners' packets.
(new item) The City Manager stated that the ordinance setting
the City Judge's salary
will be added to the agenda.
(8a) Responding to Commissioner Rudberg, the Clerk of the Commission
stated that
this kennel license is being removed from the consent agenda and will be listed as a line item
on the October 6 agenda.
(8d & e) Commissioner Rudberg requested that a copy of the minutes
of the May 30
meeting of the Community Affordable Housing Advisory Board be included in next week's
. packets.
(8i)
Responding to Commissioner Rudberg, the Clerk of the Commission stated that
the date on the annexation agreement is usually the date of the Commission meeting at which
action is taken, although there are times when the property owner dates the document as he
or she executes it.
(11 ) Commissioner Stiff stated the community is not happy with the notices
received.
He also expressed concern about the actual cost of the mailing as well as the impacts on staff
time, stating he feels an alternative should be found.
Commissioner Rudberg characterized the mailing as an unfunded mandate from the
State.
( 12) Assistant Planning Director Debbie Arkell provided a brief overview
of the project,
. stating it will result in less non~compliance than the existing site because the size of the sign
will be reduced and the play area will not encroach as far into the front yard. She stated that
next week's packet will include a memo summarizing the conditions recommended for approval
of the application.
08-11-97
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(13) Assistant Planner Jody Olsen stated that under the deviations,
screening of the
parking lot would not be required, and two 48-square-foot signs would be allowed in a
residential zone. She noted that the Planning Office
has received two letters regarding this
proposal.
Commissioner Rudberg stated she feels the protests received by the Planning Office
. were based on a lack of knowledge about the project, particularly since there are to be 270
trees on the 17-acre parcel. She also questioned
why another landscape plan should be
required in light of the detailed landscape plan that has been included in the packet.
Commissioner Rudberg then suggested that staff be given direction to bring back a
revision to the sign ordinance to address signage for churches in a residential zone, stating she
does not believe they should be classified as commercial uses.
(14&15) The Assistant Planning Director provided a brief
overview of the requested
annexation and zoning. She noted that development
concerns include looping of the water
system, which may be difficult because of the roads and railroad to the south of the subject
property. She then stated that, instead of the requested "M-2", "R-3" and "R-4" zoning, the
. Planning Board is recommending "M-1" and "R-2" zoning for this property, based on the
wetlands on the site, other physical features in the area and public comment. She stated that,
subsequent to the public hearing, the Planning Office received a petition in opposition to the
requested rezoning, and it appears there are sufficient qualifying signatures on it to require a
super-majority vote of the Commission to approve the zoning. She cautioned that this petition
might also impact the requirements for the vote on the annexation.
Commissioner Youngman
noted that the
memo from the Water
and Sewer
Superintendent is very negative in terms of the impacts to existing ratepayers and the impacts
on staff because of the additional maintenance requirements.
The Assistant Planning Director responded that, as more and more land is annexed and
developed, City resources are stretched even further.
. At Commissioner Youngman's request, the Assistant Planning Director reviewed the
location of the existing wildlife refuge which is located immediately to the west of the subject
property. She then indicated that wetlands exist on the subject property,
and the applicant
must obtain approval from the Corps of Engineers for preservation, enhancement or possible
relocation of the wetlands.
08-11 ~97
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Work Session - (A) Presentation from Fire Deoartment re hirina orocedures
(A) Presentation from Fire Department re hiring procedures.
City Manager Johnson characterized the Fire Department testing process as a good
example of cooperating with other Cities.
Fire Chief Aaron Holst stated that about three years ago, the career Fire Chiefs in
. Montana discussed the issue of how entry level firefighters are selected and determined that
it would probably be possible to undertake a cooperative approach to the process, which would
benefit both the Fire Departments and the applicants. He noted that 1996 was the first year
of the cooperative process, with Bozeman, Great Falls and Helena participating.
This year,
Billings and Missoula joined the consortium, and it is anticipated that other departments will join
the effort next year.
The Fire Chief stated that the City of Bozeman hired two firefighters from the list
created last year. He stressed that cooperative testing includes the written test and physical
ability tests only, and all applicants are still required to complete the employment application
form and selection and interview processes which are established by each individual City. He
. noted that this list does allow for each department to hire the qualified individual with the type
of qualities and experience which they have determined would be most beneficial for that
department.
Personnel Director Pattie Berg stated that during her first firefighter recruitment process
with the City, which was four years ago, she recognized that the physical ability test did not
accurately reflect the types of activities they encounter on the job. She noted that the test has
been changed from the basic calisthenics and running which were previously required to include
on-the-job type situations. She noted that, during a visit
to Helena, where one of the first
improved physical ability tests was implemented, she recognized that other communities were
encountering the same issue. She further noted that the larger departments in the State use
the same standardized test for entry level firefighters and the physical ability tests are
. essentially the same. She stated that a review of the job descriptions
for each of the
communities also revealed that the same written test and ability test were appropriate for the
larger communities in the State.
The Personnel Director stated that last year, a pool of 47 qualified applicants was
created from the written tests and physical ability tests. She noted that this year, there were
08-11-97
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559 applications, 362 of whom took the written test. She stated
that a limit of 250 people
was set for the physical ability test and, because of ties on the written test, 258 people were
given the physical ability test. She noted that 201 people, or 75 percent, passed the physical
ability test. She stated that 50 percent passed the physical agility test last year, and attributed
part of the increase to better preparation for the test as well as some slight changes to the test
. to more accurately reflect work situations. She noted that the 80th percentile score for the
258 people tested was 81 percent.
Responding to Mayor Stueck, Fire Chief Holst stated that this testing procedure attracts
people from around the United States as well as Canada.
He then stated that the last six
people hired in the Bozeman Fire Department are evenly split between Gallatin Valley residents
and out-of-state.
Deputy Fire Chief AI Scholes stressed the high degree of cooperation among the
coalition of Cities and Fire Departments, particularly in light of the independence with which
those departments operate. He noted that the logistics of bringing in over 500
people for
testing are sometimes difficult. He stated that this year, the testing was conducted at the MSU
. Fieldhouse, and everyone felt it was probably the best place in the state for conducting it.
The Deputy Chief showed a tape of the testing which was conducted last week, noting
that it began with a written test on the first day, for which 100 tables were set up. He stated
that the test contains 115 questions, and the candidates have 2 hours 40 minutes in which to
complete the test. He noted that the tests were then taken to an office on campus where they
were machine scored. He stated that the candidates were shown a tape of the physical ability
test before they took the test. He noted that the tape shows one
of the City's firefighters
going through the physical ability test, followed by one of the applicants taking the same test.
The test includes raising a ladder; opening a fire hydrant; dragging 200 feet of fire hose; picking
up and carrying 50 feet of fire hose; moving a ladder; picking up and carrying more fire hose;
pounding a 175-pound weight a total distance of 10 feet; crawling through a simulated attic
. space; climbing a 75-foot aerial ladder; and dragging a 175-pound mannequin for 100 feet.
The Commissioners thanked the Fire Chief, Deputy Fire Chief and Personnel Director for
their presentation.
08-11-97
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Discussion - FYI Items
City Manager Johnson presented to the Commission the following
"For Your
Information" items.
(1 ) Letter from R. Jean Powell, 1019 South Bozeman Avenue, dated August
4,
encouraging the Commissioners to consider the responsible pet owners when adopting the new
. animal control ordinance.
(2) Copy of a letter from Eleanor Campbell, 1711 West Koch Street, dated August
1, forwarding concerns about the new garbage collection rate schedule.
(3) Agenda for composting meeting scheduled for 2:00 p.m. on Wednesday, August
13, in the Commission Room.
(4) Notice of changes in location for the Headwaters Cooperative Recycling
Project's
meetings scheduled for August 13.
(5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
August 12, at the County Courthouse.
(6) Agenda for the Development Review Committee meeting to be held at 10:00
. a.m. on Tuesday, August 12, in the Commission Room.
(7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, August 12, in the Commission Room.
(8) The City Manager submitted his weekly report, as follows.
( 1) Stated a
substantial amount of his time last week was devoted to annexation.
(2) Stated that
Neighborhood Coordinator/Grantsperson Goehrung made a well~received presentation to Rotary
Club on Tuesday regarding the CTEP projects. (3) Attended
several meetings regarding the
cemetery last week. (4) Attended a meeting with representatives from the League of Cities and
Towns Office at the Governor's Office of Friday regarding the beer tax issue.
(9) Commissioner Youngman announced that she will be out of town during the
period August 15 through 21.
. (10) Commissioner Rudberg stated that she read the article about community
planning
and the super~information highway. She stated that she has problems
with this concept,
particularly when it includes references to the "new generation of modem cowboy".
(11 ) Mayor Stueck submitted the following. (1) Attended the Health Board
meeting,
at which the appointment of a new member under the new interlocal agreement was discussed.
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(2) Attended the Recreation and Parks Advisory Board, where issues of discussion included
allowing dogs to run loose in Burke Park, parking on the grass at Bogert Park for the band
concerts, and Farmer's Market. (31 Stated that Recreation and
Parks Advisory Board also
discussed the playing of folf in City parks, particularly in light of the danger that the discs can
create for others in the park. He stated that those playing folf in the park often essentially take
. the park over, without a use permit; and their discs are knocking the bark off some of the trees,
leading to damage of those trees. He noted that a football team
is creating similar problems
for those using Beall Park, and that team has no use permit or authority to drive others out of
the park.
( 12) Mayor Stueck asked Staff Attorney Cooper about the fine for nuisance
dogs and
whether a minimum fine has been established.
The Staff Attorney responded that no minimum fine has been established.
He noted
that the City Judge establishes a bond schedule, and the fines are usually based off that
schedule. He indicated that this does not preclude the Commission from establishing
a
minimum fine.
. Commissioner Rudberg noted that Larry Korkowski has submitted a letter, dated August
4, summarizing the points he raised at last week's meeting. She noted that in his
letter, he
raises a question about whether the City may be financially liable for any dog attack that might
occur in an authorized unleashed area and asked that the Staff Attorney address that question
prior to the Commission taking action on the ordinance.
Consent Items
City Manager Johnson presented to the Commission the following Consent Item.
Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Consent Item as listed, and authorize and direct the appropriate
. persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
08-11~97
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Recess - 5:35 c.m.
Mayor Stueck declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
. Mayor Stueck reconvened the meeting at 7:00 p.m. for the purpose of conducting the
scheduled public hearings.
Continued oublic hearina - Commission Resolution No. 3185 - intent to annex 148.05 acres
located in the SW~ , Section 2. T2S. R5E. MPM. exceoting the W%. W%. NW%. SW% and
the W%. W%. SW%. SW% (along the north side of Durston Road. immediatelv west of Annie
Subdivision) - Gatewav Limited Partners (A-9704)
This was the time and place set for the continued public hearing on Commission
Resolution No. 3185, as approved by the City Attorney. entitled:
COMMISSION RESOLUTION NO. 3185
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF A 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 Stueck reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that the subject 148-
acre parcel is located between Durston Road and West Oak Street extended, approximately
one-quarter mile west of Emily Dickinson elementary school. It is contiguous to the city along
its entire eastern boundary and a significant portion of its southern boundary.
The Senior Planner stated that staff has reviewed this application in light of the four
goals and eleven policies set forth in Commission Resolution No. 3137, and the comprehensive
staff findings are contained in the written staff report which was previously distributed to the
. Commission. He briefly highlighted those findings, noting that staff has found
that
infrastructure is available to the subject property and it is currently within the urban growth
boundary and the sewer service boundary. He noted that no major problems were identified
in conjunction with the proposed annexation and forwarded staff's recommendation for
approval, subject to three conditions. He then
forwarded a correction to those conditions,
08-11-97
- 21 -
noting that Condition No. 1.f. should read "Durston Road and North 19th Avenue" instead of
"Baxter Lane and North 19th Avenue". He reminded the Commission that any issues related
to development are to be reviewed and addressed during consideration of the subdivision and
development proposals rather than during annexation.
Mr. Joe Sabol, attorney representing the applicant, stated that Gateway Limited
. Partnership is comprised of Walter Wolf and Holly Wolf, fourth generation Montanans. He
stated that the applicant concurs with the comments forwarded in the staff report and is willing
to comply with the conditions as revised.
Mr. Sabol stated he believes this proposed annexation is a logical extension of the city,
in an area which the City has determined would be viable for annexation and development. He
stressed that it is entirely within the urban growth area and the sewer service boundary and
that there are no major physical limitations to the site. He noted
that adequate water and
sewer services can be readily provided to the site, and the extension of roadways in the area
will provide adequate traffic circulation. He then noted that, if the zoning proposed in the next
agenda item is approved, affordable housing can be provided in close proximity to schools and
. park areas.
Mr. Sabol stated that development of the subject property within the city would be
beneficial to everyone, noting that the alternative would be development in the county, which
he does not believe is a viable alternative. He noted that annexation will provide the City with
a means of funding improvements which are important to the City. He
stressed that
annexation will benefit not only this property, but the entire area and the entire community.
He also stated there is no down side to the proposed annexation, given the recommended
conditions for approval. He concluded by encouraging Commission approval of this annexation,
subject to the three conditions as recommended by staff.
Commissioner Youngman recognized that this proposed annexation is closer to town
than the Valley West Annexation, however, she suggested that some of the same arguments
. apply. She cited the negative impacts on existing ratepayers that will result from the extension
of water and sewer services to the subject property as an example. She also stated that it is
important for the Commission to address the large annexations in a fair and equitable manner,
ensuring that a level playing field is maintained. She recognized that not all of
the concerns
raised about the Valley West Annexation apply to this proposed annexation; however, she
08-11-97
- 22 -
stated that some of them do and are not reflected in the recommended conditions for approval.
She suggested that some of those conditions should be added to the Commission's
consideration of this annexation, including assurance that the existing taxpayers are not
required to bear the costs of improving Durston Road.
Senior Planner Skelton reminded the Commission that infrastructure is in close proximity
. to the subject property. He also reminded the Commission that, in this past year, the staff and
Commissioners have seen a significant amount of activity along North 19th Avenue. He further
noted that, during review of this application, the Development Review Committee recognized
that, given its proximity to North 19th Avenue, the Emily Dickinson School and Rose Park, this
subject property represents a logical extension of the city limits.
Responding to Commissioner Frost, the Senior Planner stated he has no rough estimates
on the impact fees that might result from development of the subject property.
Responding to Commissioner Stiff, the Senior Planner stated that no mechanism has
been implemented for assisting developers in providing acreage for expansion of Rose Park in
lieu of on-site parkland. He noted, however, that the
Commission could choose to accept a
. land trade between the landowners to provide more land for Rose Park if they wish during
consideration of the preliminary plat for this parcel.
Mr. Brian Leland, 528 North Bozeman Avenue, noted that during this testimony on the
Valley West Annexation, he forwarded comments regarding impacts on schools. He stated that
a review of information from the County Superintendent of Schools Office revealed that the
enrollment in elementary schools in Gallatin County is actually increasing, as a general rule,
which is opposite to national trends. He then stated
that annexations which include a
significant amount of affordable housing could actually reverse the trends in the Bozeman
schools and result in increased enrollment in the elementary schools.
Mr. Leland stated
that conversations with
the Wastewater Treatment Plant
Superintendent revealed that the current permits will accommodate slightly over 30,000
. people. He stated that the limiting factor on those permits is the amount of effluent that may
be released into the East Gallatin River in August and September, when it is at its lowest,
because of the non-degradation laws. He cautioned
that if more effluent is to be discharged
into the river, steps must be taken to ensure that it is even cleaner, resulting in higher costs.
08-11-97
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Mr. Leland then noted that a conversation with the City's Director of Finance
revealed
that the City has a bonding limit of 28 percent of the taxable value, and the City has a
remaining bonding capacity of $9.7 million.
He cautioned that the improvements needed to
support further annexation to the city could quickly use up that bonding capacity.
He
recognized that the homes developed within an annexation will be subject to the City's impact
. fees; however, he noted that they will cost the City over twice what they will generate in
impact fees in bonding capacity. He encouraged the
Commissioners to move slowly on this
requested annexation, to make sure the City does not grow itself into trouble. He concluded
by noting the comment which has previously been made that it "doesn't cost a dime to annex",
noting that it "doesn't cost a dime to get pregnant either".
Since there were no Commissioner objections, Mayor Stueck closed the public
hearing.
Commissioner Youngman stated she recognizes the differences between this
proposed
annexation and the Valley West Annexation.
She stated, however, that this is still a large
parcel that will have an impact on a variety of services and she feels that some of the
conditions for the Valley West Annexation should be added to this annexation.
. Senior Planner Skelton responded by reminding the Commission that impacts
on services
are to be identified and mitigation measures identified and required during review of subdivision
and development proposals. He then stressed there is
a significant difference in the
infrastructure and road systems available for this 148-acre parcel than for the 411-acre Valley
West Annexation. He further noted the proximity to those infrastructure
services must be
taken into consideration. He also noted that this proposed
annexation meets the goals and
pOlicies which the Commission has adopted, with the conditions identified by staff.
Mayor Stueck stated his concurrence with the Planner's comments. He then
stressed
the importance of not discussing impact fees at this time, since that issue is not addressed until
development of the site, and it is not known what the level of the impact fees might be at that
time.
. Responding to Commissioner Youngman's desire to follow a process similar
to that for
the Valley West Annexation, Commissioner Rudberg stated that Assistant Planner Chris
Saunders was asked to prepare a fiscal impact analysis for the Valley West Annexation. She
stressed that he was not qualified to prepare such an analysis, and the analysis he prepared
was based strictly on impact fees and provides very rough estimates because he had no firm
08-11-97
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figures upon which to base his projections. She recognized the importance of not asking staff
to perform similar calculations for other annexation proposals, since the basis for accurate
calculations does not exist.
Commissioner Stiff noted that Planning Board member John Mandeville has identified
the subject property as being ideally situated for annexation into the city. He then forwarded
. his interest in proceeding with annexation, subject to the conditions recommended by staff.
Senior Planner Skelton reminded the Commissioners that they must identify how issues
they have recognized during review of subdivision and development proposals are to be
mitigated. He then indicated that if the Commission wishes, he can prepare
additional
conditions for annexation which address some of the issues which have been raised.
Commissioner Frost stated he feels that, as a Commissioner, he must have as much
information as possible upon which to base a decision.
He noted that the budget for the
upcoming year reveals no increase in staffing is proposed, and there are not sufficient monies
with which to add staff, so those impacts must be carefully considered. He then forwarded
his position that conditions imposed on annexations need to go further toward addressing
. concerns about existing problems and laying the groundwork for ensuring they are mitigated.
He also noted it is important to recognize that annexations may provide for more housing, but
they also have an extended impact on the City's budget.
Mayor Stueck stated he does not believe that annexed land has any impact on City
services until it begins to develop, although the City does begin to collect street and tree
maintenance district fees and property taxes immediately after annexation. He noted that at
the time of preliminary plat review, other amenities for the community, including street lighting,
parks and trails are acquired. He then stressed that discussion of impact fees is not appropriate
at this time because they are not assessed until development occurs, and that may be five to
ten years.
Commissioner Youngman stated that annexation sets up the possibility for development.
. She then said that in the last few staff reports, staff has identified the trouble it has in
maintaining the current system, and has expressed concerns about extension of the system.
Senior Planner Dave Skelton stated it is always difficult to determine how much growth
is beneficial to the community. He then noted that the master
plan for Rose Park envisions a
secondary shop area for City services on the edge of the park, to better provide services to the
08-11-97
- 25 -
northwest segment of the community. He concluded
by noting that, while concerns can
possibly be identified during annexation, steps cannot be taken to mitigate them until later
stages of development, when the particulars can be assessed.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the request for annexation of 148.05 acres located in the Southwest
. one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, as
requested by Gateway Limited Partners, under Application No. A-9704, subject to execution
of an annexation agreement and satisfaction of the following conditions:
1. That the applicant file at the Gallatin County Clerk and Recorder's Office
executed waivers of right to protest creation SIDs and RIDs for the
following:
a. Special Improvement
Districts and Rural Improvement
Districts
for street improvements
to Durston Road,
including paving,
curb/gutter, sidewalk, boulevard and
storm drainage appurtenances;
b. Special Improvement
Districts for street improvements to
West Oak Street,
including paving, curb/gutter, sidewalk,
boulevard and storm
drainage appurtenances;
c. Special Improvement
Districts for street improvements to
. Annie Street,
including paving, curb/gutter, sidewalk,
boulevard and storm drainage appurtenances;
d. Special Improvement
Districts for street improvements to
North
27th Avenue, including
paving, curb/gutter,
sidewalk, boulevard
and storm drainage appurtenances;
e. Special
Improvement Districts for
signalization
improvements at
the intersection of West Oak Street and
North 19th Avenue;
and
f. Special
Improvement Districts for
signalization
improvements at
the intersection of Durston Road and
North 19th Avenue.
2. That provisions for water rights or fee in-lieu of water rights in an amount
determined
by the Director of Public Service
be provided in the
annexation agreement whereby it is executed by the land owner prior to
final subdivision plat approval.
3. That the applicant provide a mylar code and 3 % ~inch digital copy, record
. annexation map, prepared by a Montana licensed professional engineer
or surveyor, which contains the legal description of said annexation
request and meets the requirements of the Director of Public Service.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No
being Commissioner Frost.
08-11-97
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Continued cublic hearing - Master Plan Amendment - amend the land use clan element of the
1990 Bozeman Area Master Plan Uodate to initially classify 148.05 acres located in the SW%.
Section 2. T2S. R5E. MPM. excepting the W%. WYz. NW%, SW% and the W%. WYz. SW%.
SW% as "urban residential infill (alona the north side of Durston Road. immediately west of
Annie Subdivision) (P-9722)
This was the time and place set for the continued public hearing on a Master Plan
Amendment, as requested by Gateway Limited Partners, under Application No. P-9722, to
. amend the land use plan element of the 1990 Bozeman Area Master Plan Update to initially
classify 148.05 acres located in the Southwest One-quarter of Section 2, Township 2 South,
Range 5 East, Montana Principal Meridian, excepting the West One-half of the West One-half
of the Northwest One-quarter of the Southwest One-quarter and the West One-half of the West
One-half of the Southwest One-quarter of the Southwest One-quarter as "Urban Residential
Infill". The property is more commonly located along the north side of Durston Road, west of
Annie Subdivision.
Mayor Stueck reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report.
He stated that under this
application, the 148.05-acre parcel which was considered for annexation in the previous
. agenda item will receive an initial land use designation of urban residential infill. He noted that
the subject property currently lies within County Zoning District No.1 and, therefore, has not
received a land use designation under 1990 Bozeman Area Master Plan Update.
The Senior Planner stated that staff has reviewed this requested amendment in light of
the four criteria established in the 1990 Bozeman Area Master Plan Update, and the staff's
comprehensive findings are contained in the written staff report, which was previously
distributed to the Commission. He briefly summarized those findings,
noting that staff has
forwarded a recommendation for approval. He noted that the City-County
Planning Board
conducted its public hearing on this application at its July 1 meeting.
Following the public
hearing and review of the four criteria and the staff findings as contained in the staff report,
the Planning Board concurred in staff's recommendation and forwarded a recommendation for
. approval, contingent upon annexation.
Mr. Joe Sabol, attorney representing the applicant, stated the current zoning
designation, under County Zoning District No.1, is SRR, Semi-Rural Residential, and the zoning
requested under the "Urban Residentiallnfill" land use designation is "R-2a, Residential--Single-
family, Medium-density. Mr. Sabol stated he feels it is important that applications for a master
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plan amendment and zone map amendment be submitted at the same time as an annexation
request is submitted so that staff and the Commission have some sense of how the property
is intended to be developed in the future.
Mr. Sabol noted that the "R-2a" zoning was originally created in the Valley
Unit
Subdivision, to allow for smaller single-family lots and more affordable housing opportunities.
. He noted that no vacant "R~2a" property exists within city limits at the present time, and this
proposal would help to alleviate that shortage. He further noted
that Walter and Holly Wolf
have envisioned providing an area for more afforable housing, and this proposed rezoning would
accommodate that vision.
Mr. Sabol noted that staff has reviewed the proposed zoning in light of the twelve
criteria established in the Montana Code Annotated, and they have found that it meets those
criteria. He further noted that the Planning Board has conducted its public
hearing on the
application, after which it voted unanimously to forward a recommendation for approval. He
stated that, to his knowledge, no public testimony has been submitted in opposition to the
requested zoning, rather, it has been viewed as a logical zoning for the area.
. Mr. Sabol asked that the City Commission and the County Commission identify a
mechanism for acting on master plan amendments that does not require the developer to make
the same presentation before both governing bodies, noting that he must now make this
presentation to the County Commission tomorrow.
Responding to Mayor Stueck, the Senior Planner stated that under the "R-2a" zoning,
the density is three to six units per acre unless development is undertaken through a planned
unit development. He noted that the lots in this zone could easily accommodate 1,200-square-
foot to 1 ,800-square-foot homes.
No one was present to speak in opposition to the requested master plan amendment.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission approve the Master Plan Amendment, as requested by Gateway Limited Partners,
under Application No. P-9722, to amend the land use plan element of the 1990 Bozeman Area
Master Plan Update to initially classify 148.05 acres located in the Southwest One-quarter of
Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, excepting the West
One-half of the West One-half of the Northwest One-quarter of the Southwest One-quarter and
08-11-97
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the West One.half of the West One-half of the Southwest One-quarter of the Southwest One-
quarter as "Urban Residential Infill", and direct staff to bring back a resolution amending the
master plan, contingent upon completion of the annexation process. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner
Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none.
.
Continued Dublic hearing - Zone MaD Amendment - establish initial zonina of "R-2a" on 148.05
acres located in the SW%.. Section 2. T2S. R5E. MPM. exceDting the W%. W%. NW%.. SW%
and the W%. W%. SW%.. SW%. as "urban residentialinfill (along the north side of Durston
Road. immediatelv west of Annie Subdivision) (Z-9742)
This was the time and place set for the continued public hearing on a Zone Map
Amendment, as requested by Gateway Limited Partners, under Application No. 2-9742, to
establish an initial zoning of "R-2a", ResidentialhSingle-family, Medium-density, on 148.05
acres located in the Southwest One-quarter of Section 2, Township 2 South, Range 5 East,
Montana Principal Meridian, excepting the West One-half of the West One-half of the
Northwest One-quarter of the Southwest One-quarter and the West One-half of the West One-
half of the Southwest One-quarter of the Southwest One-quarter.
The subject property is
. located along the north side of Durston Road, west of Annie Subdivision.
Mayor Stueck reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He stated
that under this
application, the initial zoning designation of "R-2a" is to be established for the 148.05-acre
parcel which was the subject of the previous two public hearings.
He noted that staff has
reviewed this request in light of the twelve criteria established in the Montana Code Annotated,
and the comprehensive staff findings are contained in the written staff report which was
previously distributed to the Commission. He stated that the City-County
Planning Board
conducted its public hearing on this application at its July 1 meeting and, following its public
hearing and review of the twelve critiera, concurred in staff's recommendation for approval.
. The Senior Planner stated that the City-County Planning Board members registered some
surprise that "R-2a", ResidentialnSingle-family, Medium-density, zoning is being sought rather
than "R-3", ResidentialnMedium-density or "R~3a", Residential--Two-family, Medium-density.
He noted that staff and the Board agree that the requested zoning is appropriate, particularly
in light of its proximity to amenities in the community. He indicated that they are also pleased
08-11-97
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that the applicant is willing to provide the type of zoning that is currently lacking in the
community.
Mr. Joe Sabol requested that the testimony forwarded during the previous agenda item
be considered for this item as well and indicated he has nothing to add at this time.
No one was present to speak in opposition to the requested zone map amendment.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Zone Map Amendment, as requested by Gateway Limited Partners,
under Application No. Z~9742, to establish an initial zoning of "R~2a", ResidentialnSingle-
family, Medium-density, on 148.05 acres located in the Southwest One~quarter of Section 2,
Township 2 South, Range 5 East, Montana Principal Meridian, excepting the West One-half of
the West One-half of the Northwest One~quarter of the Southwest One-quarter and the West
One-half of the West One-half of the Southwest One-quarter of the Southwest One-quarter,
and authorize and direct staff to bring back on ordinance enacting the new zoning, contingent
upon annexation and completion of the master plan amendment process. The motion carried
. by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No,
none.
Continued Dublic hearing - Commission Resolution No. 3184 w intent to annex 160 i: acres
located in the NW~. Section 2. T2S. R5E. MPM (between West Oak Street extended and
Baxter Lane. immediatelv west of Rose Park) - XL limited Partnership (A-9705)
This was the time and place set for the continued public hearing on Commission
Resolution No. 3184, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION
NO. 3184
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN.
THE INHABITANTS THEREOF AND THE INHABITANTS OF A 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 Stueck reopened the continued public hearing.
Associate Planner Dean Patterson presented the staff report. He stated the subject 160-
acre parcel is located between West Oak Street extended and Baxter Lane, west of Rose Park.
08~11-97
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It is contiguous to the city along one half of its eastern boundary, northward from West Oak
Street. He noted that North 27th Avenue would extend along the eastern boundary and Fowler
Avenue along the western boundary of the subject property. He stated that, since Baxter Lane
and Fowler Avenue are designated as arterials and North 27th Avenue and West Oak Street are
designated as collectors, adequate traffic circulation would be available to the site. He stated
. that the Valley Unit Sewer Trunk Line runs through the middle of the subject property.
The Associate Planner stated that two planning applications have previously been
submitted for this subject parcel, however, neither application was pursued through the
development process.
The Associate Planner stated that staff has reviewed this application in light of the four
goals and eleven policies set forth in Commission Resolution No. 3137, and the comprehensive
staff findings are contained in the written staff report, which was previously distributed to the
Commission. He briefly highlighted those findings, noting that the Development
Review
Committee members have forwarded concerns about the negative impacts that this annexation,
particularly when coupled with other recent annexations, may have on existing City services
. offered to residents. He noted that staff also recognizes this segment of the community is the
fastest growing and the most easily developed. He stated that representatives from the fire,
police, water, sewer, street and sanitation operations have all forwarded concerns about their
ability to provide services without increased manpower and equipment, and this year's budget
does not meet any of those additional needs.
Associate Planner Patterson stated the applicant's representative has requested a
reservation in the capacity of the sewer trunk line through this subject property. He noted that
the applicant has indicated a willingness to pay the SID No. 621 payback fee upon annexation
to ensure that this capacity is reserved for future development. He stated that sewer capacity
is typically not reserved; rather, when a development is proposed, the existing capacity of the
sewer line is determined and a decision is then made on whether the capacity is available in the
. existing system or if upgrades are needed.
The Associate Planner forwarded staff's recommendation for approval of this annexation
request, subject to eleven conditions. He highlighted some of those conditions, noting that No.
2 ensures the rights-of-way for needed roadway improvements and No.3 provides for waivers
to ensure the development of those roadways.
08-11-97
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Mr. Joe Sabol, attorney representing the applicant, stated that XL Limited Partners is
comprised of the four children of Bob Lane and the six children of Tom Lane, both of whom
have been long-time residents of the area. He stated the applicants are generally in support of
the staff report, however, he noted they do have some concerns about the recommended
conditions for approval.
. Mr. Sabol reviewed the conditions individually, noting the applicants have no problem
with NO.1 or No.2. He stated that, under No.3, the applicant feels
that requiring a waiver
of right to protest the creation of an SID for signalization of the intersection of Durston Road
and North 19th Avenue is inappropriate and asked that it be deleted.
He stated that the
subject property lies between West Oak Street and Baxter Lane, and those two roadways will
provide access to the site for a vast majority of the motorists, with impacts to Durston Road
being minimal. He noted that this same argument applies to Condition No.4,
pertaining to
improvements to Durston Road. He then indicated the applicant has no problem with Condition
No.5 as proposed. He characterized Condition Nos. 6 through 10 as informational, since they
pertain to subdivision review rather than annexation. On
that basis, he suggested they are
. inappropriate for inclusion in this process. He then indicated that Condition No. 11
is
acceptable to the applicant.
Mr. Sabol stated that this annexation, like the annexation request considered earlier this
evening, provides for a logical extension of city limits.
He noted that, several years ago, the
City identified the northwest quadrant as the most logical area for annexation and future
development. He stressed that the parcel lies entirely within the urban
growth area and the
sewer service district, and the Valley Unit Trunk Line runs through the middle of the property.
Mr. Sabol recognized that the water mains must be extended to the subject property and
looped in compliance with the City codes. He noted that this could be easily accomplished by
the extension of the water main in West Oak Street and looping to the Northwest Water Trunk
Line. He further noted that the subject property is close to an elementary school and a park,
. and would be ideal for medium-density residential development.
He noted that the road
extensions and traffic signals for which waivers are to be filed will provide good traffic
circulation to the subject parcel, at no cost to the City.
Mr. Sabol stated that, until development begins to occur, the City will receive a small
08-11-97
- 32 -
amount in tax revenues. He noted that, as development occurs, a future Commission will be
responsible for ensuring that the appropriate fees are assessed and collected.
Mr. Sabol stated the only unique feature of this annexation is the request for reserving
of sewer capacity. He then distributed to the Commission a copy of the Easement and Right-
of-Way Agreement for Sewer Trunk between the City and Thomas and Robert Lane, dated
. August 13, 1980, which includes the provision that the applicant make a payback payment to
SID No. 621 upon annexation, in the estimated amount of $75,000. He
noted the agreement
further assures the applicant that the payment will ensure capacity in the Valley Unit Sewer
Trunk Line. He then noted that, attached to the agreement, were copies of correspondence
with Director of Public Service Forbes and City Engineer Brawner regarding the agreement.
Mr. Sabol stated that in 1995, Tom and Bob Lane transferred this property to their
children for estate tax purposes. He noted, however, that the agreement they signed in 1980
transfers with that property and remains in effect. He stated that this is the only easement for
the Valley Unit Sewer Trunk Line which includes this provision, and he encouraged the
Commission to honor it at this time.
. Mr. Sabol noted that the Lanes have recently approved an easement for Durston
Meadows to connect into the Valley Unit Trunk Line on their property. He
stated, however,
that when they received a request earlier this year for an easement to connect the 360 Ranch
and Delaney properties into the sewer line, they became a little concerned about the remaining
capacity in the line. Because of that concern, the Lanes have not approved the easement, but
have chosen to proceed with annexation of their property with a reservation of sewer capacity
to serve their property when it develops. He noted that until that has been accomplished, the
Lanes will not authorize the easement for the 360 Ranch or the Delaney property to connect
to the sewer main. He stated that if the request for reservation
of sewer capacity in
conjunction with the annexation is not approved, the Lanes will not approve the requested
easement for the 360 Ranch, which means an alternative sewer line must be identified to serve
. that property if it is annexed.
Mr. Sabol concluded his presentation by requesting that the Commission approve the
requested annexation, subject to Condition Nos. 1 through 5 and 11, with the deletion of
"Durston Road" from Condition Nos. 3 and 4, and authorize the reserving of capacity in the
Valley Unit Sewer Trunk Line for future development of this subject 160-acre parcel.
08-11-97
- 33 w
Mr. Tom Lane, applicant, stated he and his brother purchased the subject
property in
1964. He noted that when they were approached about granting an easement
to extend the
Valley Unit Sewer Trunk Line through their property, they felt it was important to retain the
ability to connect to that line when they chose to annex and develop the property. He noted
that they were not interested in annexation at the time they executed the agreement, and they
. essentially forgot about annexation until last year, when Durston Meadows approached them
for an easement to connect to the sewer main. He noted that
at that time, City Engineer
Brawner informed them that sewer capacity would not be reserved without annexation, and
he then recognized the importance of proceeding with the application for annexation.
He
encouraged the Commission to give favorable consideration to this application, expressing
concern about the urban sprawl that is beginning to occur around the edge of the city.
Mr. Lane recognized that the payback to SID No. 621 is $467 per acre, or
between
$72,000 and $73,000 for the subject 160-acre parcel. He
noted, however, that they are
willing to pay this cost upon annexation to ensure that the sewer capacity is available to serve
future development of this land. He then encouraged Commission approval of this application.
. Responding to Mayor Stueck, Mr. Sabol stated he does not believe the Director of Public
Service disputes the applicant's interpretation of the agreement executed in 1980. He noted,
however, that the Commission must make the decision on whether to annex the subject
property and on whether to honor the previously executed agreement by allowing for
reservation of sewer capacity.
Mayor Stueck suggested that the Commission consider the addition of Condition
No.
12, which would provide for the reservation of sewer capacity upon annexation and payment
of the SID No. 621 payback fee.
Responding to Commissioner Stiff, Assistant Planning Director Debbie Arkell
stated that
the 1980 agreement with the Lanes seems to be pretty clear in providing that, if their property
is annexed and the payback for SID No. 621 is made, then capacity in that line will be reserved
. for development of the parcel. She noted that if that item is
addressed in the annexation
agreement, then appropriate steps will be taken to follow through. She stated that in the past,
when determining the potential for bottlenecks in the sewer system, staff has considered
vacant parcels along the line at their full development potential to identify any bottlenecks that
must be mitigated by the new development. She cited the Sundance Springs development as
08-11-97
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- 34 -
an example, noting that the Graf property was considered as fully developed when the sewer
lines were reviewed for potential capacity problems.
She noted, however, that in the past,
sewer capacity has not been reserved for undeveloped parcels.
Further responding to Commissioner Stiff, the Assistant Planning Director stated that
if the Commission is uncomfortable with acting on this annexation request in light of the new
. information just received, it may delay action for an period of two weeks.
In response to Commissioner Stiff, the Assistant Planning Director stated she feels it is
appropriate to delete the requirement to participate in improvements to Durston Road, as
requested by the applicant's attorney.
Responding to Commissioner Rudberg, the Assistant Planning Director stated that during
the subdivision process, the issues identified in Condition Nos. 6 through 10 are typically
add ressed. She characterized those conditions as "an FYI to the
property owner or future
developers". She noted that the Annexation Agreement is filed with the Gallatin County Clerk
and Recorder and, if it is included in the agreement, it is available for review by any interested
parties. She recognized that, from this standpoint, it would be valuable information to include
. in the agreement although those issues would
not be addressed until subdivision or
development of the property.
Responding to questions from Associate Planner Patterson, Mr. Sabol stated that the
Lane property is encumbered for SID No. 621 until the payback fee is paid.
In light of that
liability, he feels that adequate capacity should be ensured in that line to serve this subject
property. He then reiterated that this is the only agreement with the additional
provisions in
it, under which adequate sewer capacity is assured to the property owner.
The Associate Planner then assured the Commission that it is not uncommon to find the
type of language that Mr. Sabol has suggested in an annexation agreement. He stated that if
the Commission so directs, staff will include the appropriate language in the agreement.
City Manager Johnson asked the Commission to make sure that the language specifies
. that the reserve capacity is in the pipe rather than in the plant, if that is their intent.
Commissioner Frost stated his support for restricting the reserve capacity to the pipe,
noting that the plant collects effluent from the entire community, not just this trunk line.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
08-11-97
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Mayor Stueck stated he was aware of the easement agreement several months
ago,
after a meeting between Tom Lane and our Engineering staff.
He noted that prompted his
asking staff several questions about how reserve capacity has been addressed in the past and
how it could be addressed in this situation. He then forwarded
his support for reserving
capacity in this instance because of the agreement which was executed in 1980.
. Commissioner Stiff stated the subject 160 acres is ideally situated for annexation to the
City. He then noted he wants assurances that there is adequate capacity
in the sewer main
before indicating that capacity will be reserved for this property.
Responding to Mayor Stueck, the Assistant Planner stated that the most
recent studies
revealed that the sewer trunk is running at 30 percent of capacity. She indicated that a small
overflow trunk line is needed to serve a portion of the proposed Valley West Annexation, but
that does not impact the trunk line that is located in the Lane property.
Associate Planner Dean Patterson cautioned that if this property is annexed,
an
easement for West Oak Street must be provided. He then noted that that easement could be
used to provide for connection of the sewer line from the 360 Ranch property to the Valley Unit
. Sewer Trunk Line, thus alleviating the need for the easement through the Lane property.
Mr. Jack Schunke, Morrison-Maierle, stated that, because of the topography of the area
and the need to retain the downward grade, an easement will still be needed across the Lane
property to connect the sewer line from the 360 Ranch property to the Valley Unit Sewer Trunk
Line.
Responding to Mayor Stueck, Commissioner Rudberg stated she feels the Commission
must honor the commitment made in 1980. She then stated she
feels Condition Nos. 6
through 10 should be retained as advisory information in the annexation agreement.
Assistant Planning Director Debbie Arkell stated that at the beginning
of the annexation
agreement, there is an introductory sentence which states that the land owner "understands"
or "understands and agrees" that, before future development, certain conditions must be
. addressed. She suggested that the advisory items could then be
incorporated into the
annexation agreement so that everyone understands what is expected of future development.
Responding to concerns registered by Commissioner Stiff, Mayor Stueck noted
that the
Commission approve the annexation agreement, and any concerns about the wording may be
addressed at that time.
08-11-97
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~ 36 -
Commissioner Frost stated that he feels assuring the property owner that adequate
sewer capacity will be set aside for the subject property is appropriate in light of the 1980
agreement. He stated, however, he has the same concerns about this annexation
as he had
about the previous annexation and, therefore, cannot support it.
He noted that staff has
. identified concerns about the negative impacts this annexation will have on the level of services
to existing ratepayers, and he feels those issues must be considered.
Commissioner Youngman stated she has the same concerns as she had about the
previous annexation. She then stated that she will support the annexation because she feels
it is appropriate, but she feels steps should be taken to more clearly identify how future
annexation requests will be handled.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the annexation requested by XL Limited Partnership, under Application
No. Z-9705, to annex 160:t acres located in the Northwest
one-quarter of Section 2,
Township 2 South, Range 5 East, Montana Principal Merdian, subject to execution of an
annexation agreement and satisfaction of the following conditions:
. 1. The property owner shall provide useable water rights, or cash in lieu
thereof, in an amount determined by the Director of Public Service at the
time the property is developed through subdivision or site plan review.
2. Street and utility easements for the extension of arterial and collector
streets and for the use of the public shall be provided to the City of
Bozeman by written
easement. The written
easements must be
acceptable to the Director of Public Service, shall include appropriate
mapping requirements, and shall be submitted with the annexation
agreement.
Prior to formal annexation of the subject property, the
property owner shall provide information on easements and utilities for
review and approval of the City Engineer to determine the final location
of the rights-of-way in relation to these elements.
The final easements
required shall be the proportionate share of the right-of-way, based on
the
above provided information, of the following streets:
a. Baxter Lane -- 90
feet
b. Oak Street -- 65
feet
c. North 27th Avenue
n 65 feet
d. Fowler Avenue n
100 feet
. 3. The property owner shall provide and file with the Gallatin County Clerk
and Recorder's office an executed Waiver of Right to Protest the Creation
of SIDs. Waivers shall specify that in the event SIDs are not utilized for
the completion of these projects, the property owner shall agree to
participate in an alternative financing method for completion of said
improvements on a fair share, proportionate basis as determined by
square footage of the property, linear front footage of the property,
taxable valuation of the property, or combination thereof. A copy of the
document shall be filed with the annexation agreement.
The following
waivers are required:
08~ 11-97
- 37 -
a. Improvements to
Baxter Lane
including curb, gutter
sidewalk, and drainage
improvements.
b. Improvements
to Oak Street
including curb, gutter,
sidewalk, and drainage
improvements.
c. Improvements to
Fowler Avenue including curb, gutter,
sidewalk, and drainage
improvements.
. d. Improvements to
North 27th Avenue
including curb,
gutter, sidewalk, and drainage improvements.
e. Signalization of
the Oak Street and North 19th Avenue
intersection.
f. Signalization of
the Baxter Lane and North 19th Avenue
intersection.
4. The property owner shall provide and file with the Gallatin County Clerk
and Recorder's office an executed Waiver of Right to Protest the Creation
of SIDs and RIDs for Baxter Lane.
5. An annexation map with a legal description of the property must be
submitted by the applicant for use with the annexation agreement. The
map must be supplied on a mylar for City records (18-inch x 24-inch),
and on an 8 'V:2 -inch x 11-inch or 8 'V:2 -inch x 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.
. 6. The property owner will work with staff to formulate adequate language
to ensure that adequate capacity is retained in the Valley Unit Trunk
Sewer Line to accommodate development within this subject property at
the urban zoning designation established.
7. The conditions of approval shall be met and an annexation agreement
shall be signed within one year of the date of City Commission approval
of the annexation.
8. The property owner shall recognize that, prior to any future development
of this property, the developer's engineer shall be required to prepare
a
comprehensive design report evaluating existing capacity of water and
sewer utilities.
The report must include hydraulic evaluations of each
utility for both existing and post-development demands.
The report
findings must
demonstrate adequate
capacity to serve the
full
development of the site.
If adequate water and/or sewer capacity is
not available for full
development, the report must identify necessary water system and sewer
system improvements required for full development. The developer shall
be responsible for completing the necessary system improvements to
. serve the full development.
9. The property owner acknowledges that the 201 Water Facility Plan is
currently being finalized; and that pressure zone appurtenances may be
required with future development.
10. The property owner recognizes that waivers of right to protest the
creation of other SIDs for improvements such as parks may be required
with future development once the need for and location of these
improvements has been established.
08-11-97
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11. The property owner recognizes that detailed Traffic Analysis Report(s)
will be required at the time of future development.
12. The property owner recognizes that a Stormwater Master Plan for the
annexation area for a system designed to remove solids, silt, oils, grease,
and other pollutants from the runoff from the public streets must be
provided to and approved by the City Engineer at the time of any future
development.
. The master plan must depict the maximum sized retention/ detention
basin location and locate and provide easements for adequate drainage
ways within the area to transport runoff to the stormwater receiving
channel(s). The plan shall include site grading and elevation information,
typical stormwater detention/ retention basin and discharge structure
details, basin sizing calculations, and a stormwater maintenance plan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No
being Commissioner Frost.
Continued Dublic hearina - Zone MaD Amendment - "AS" to "R-3" - 160:t acres located in the
NW% , Section 2, T2S, R5E, MPM (between West Oak Street extended and Baxter Lane,
immediatelv west of Rose Park) XL Limited PartnershiD (Z-9743)
This was the time and place set for the continued public hearing on a Zone Map
. Amendment, as requested by XL Limited Partnership, under Application No. Z-9743, to change
the zoning from 160:t acres located in the Northwest One-quarter of Section 2, Township 2
South, Range 5 East, Montana Principal Meridian, from" AS", Agricultural Suburban, to "R-3",
Residential--Medium-density. The subject property is more commonly located between West
Oak Street extended and Baxter lane, immediately west of Rose Park.
Mayor Stueck reopened the continued public hearing.
Associate Planner Dean Patterson presented the staff report. He stated that under this
application, the urban zoning designation on the 160:t acres considered for annexation in the
previous agenda item is to be established as "R-3", under which medium-density residential
development could occur. He stated that staff reviewed this application in light of the twelve
criteria set forth in the zone code, and the staft's comprehensive findings are contained in the
. staff report, which was previously distributed to the Commission.
The Associate Planner briefly highlighted the staff findings, noting that the traffic
generated from this change in zoning designation will be adequately addressed by the arterial
and collector road system that is to be provided in conjunction with annexation and subdivision
of the subject property. He noted that some concern was registered about the appropriateness
08-11-97
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- 39 -
of the requested "R-3" zoning designation, which allows the construction of up to four-plexes,
in relationship to the single-family housing which exists along Thomas Lane to the north and
Brentwood Subdivision to the south.
The Associate Planner stated that the City-County Planning Board reviewed this
application at its July 1 meeting. During its pUblic hearing, the Board heard concerns expressed
. about stormwater control, traffic on Baxter Lane and the potential housing density under the
proposed zone. Following the public hearing and consideration of the twelve
criteria for
considering zone map amendments and the staff findings, members of the Board expressed
concern about potential impacts on City services. Following that discussion, the Board voted
8 to 0 to forward a recommendation for approval of the requested zoning, contingent upon
annexation.
Mr. Joe Sabol, attorney representing the applicant, said he feels the proposed "R-3"
zoning is appropriate, particularly when surrounding development is considered. He also noted
the importance of concentrating the population where City services and roadways are available,
and this site seems logical for medium-density residential development. He further noted that
. the Planning staff and the Planning Board have forwarded recommendations for approval, and
no public testimony in opposition has been submitted.
Mr. Sabol noted that, as he had suggested in a previous public hearing, it is important
for the staff and Commission to know what type of development is anticipated in conjunction
with an annexation request.
Responding to Mayor Stueck, Mr. Sabol stated that the "R~2a" zoning on the 148.05
acres to the south will provide an adequate amount of that zoning at this time, and he feels the
proposed "R-3" zoning for this subject property is equally appropriate.
Associate Planner Patterson stated that under "R-3" zoning, four-plexes are allowed and
a density of up to ten units per acre.
No one was present to speak in opposition to the requested zoning.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the Zone Map Amendment, as requested by XL Limited Partnership,
under Application No. Z-9743, to change the zoning from 160::t acres located in the Northwest
One-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, from
08-11-97
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"AS", Agricultural Suburban, to "R-3", Residential--Medium-density, and authorize and direct
staff to bring back an ordinance enacting the new zoning, contingent upon completion of the
annexation process. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner
. Frost and Mayor Stueck; those voting No, none.
Adjournment - 9:25 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and
Mayor Stueck; those voting No, none.
(~~ L)j~
--. DON E. STUECK, Mayor
.
ATTEST: - . -
· (l;~Y~~
ROBIN L. SUlUVAN
Clerk of the Commission
.
08.11-97
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