HomeMy WebLinkAbout1997-07-07 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 7, 1997
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The Commission of the City of Bozeman met in regular session in the Commission
. Room, Municipal Building, July 7, 1997, at 3:00 p.m. Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - Mav 19, June 2, June 9, June 12, June 16, June 17, June 19, June 23, June 24
and June 30, 1997
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meeting of May 19, 1997, be approved as amended and that the minutes of the
. meetings of June 2, June 9, June 12, June 16, June 17, June 19, June 23, June 24 and June
30, 1997, be approved as submitted. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissiot.er Frost,
Commissioner Youngman and Mayor Stueck; those voting No, none.
Mayor Stueck deferred action on the minutes of the meeting of June 16 to a later date.
Amended preliminary plat review - minor subdivision of Lot 46, Bridaer Creek Subdivision,
Phase 1, located in the NE%, Section 31, T1 S, R6E, MPM - Richard Shanahan - subdivide
0.626-acre lot into two townhouse lots (2408 Par Court) (P-9729)
This was the time and place set for review of an amended preliminary plat, as
requested by Richard Shanahan under Application No. P-9729, for a minor subdivision of Lot
. 46, Bridger Creek Subdivision, Phase I, under which the 0.626-acre lot is to be subdivided into
two townhouse lots. The subject property is located in the Northeast Quarter of Section 31,
Township 1 South, Range 6 East, Montana Principal Meridian, and is more commonly known
as 2408 Par Court.
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Senior Planner Dave Skelton presented the staff report. He stated that the applicant
proposes to divide an existing lot to allow for the construction of a duplex townhouse
structure. He noted that staff has reviewed this application in light of the criteria for
subdivisions, and the comprehensive staff findings are contained in the written staff report.
The Senior Planner stated that the City-County Planning Board conducted its public
. hearing on this application at its June 17 meeting. Following the public hearing and review of
the criteria and staff findings, the Board concurred in staff's recommendation for approval,
subject to seven conditions. He then indicated that, as of this meeting, no public testimony
has been received on this application.
Mr. Paul Cook, Kerin & Associates, indicated a willingness to respond to questions.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the amended preliminary plat, as requested by Richard Shanahan under
Application No. P-9729, for a minor subdivision of Lot 46, Bridger Creek Subdivision, Phase
I, under which the 0.626-acre lot is to be subdivided into two townhouse lots, subject to the
following conditions:
. 1. That the final plat shall comply with Section 16.10.030 of the
Bozeman Area Subdivision Regulations, and shall
include all
appropriate documents, certificates, and be accompanied by all
appropriate documents, including a Platting Certificate. Two mylar
and two clothback copies of the final plat must be submitted for final
plat approval, along with a digital copy of the final plat, on a double-
sided, high density 3 %-inch floppy disk;
2. That the applicant obtain Montana Department of Environmental
Quality approval of the subdivision prior to final plat approval pursuant
to Section 16.16.101 through 16.16.805, A.A.M.;
3. Utility easements, a minimum of twenty (20) feet wide, situated on
side and rear property lines for both lots, shall be depicted on the final
plat for review and approval by the Planning Office prior to final plat
approval, unless the applicant can formally confirm by letterhead that
all private utility services (power, telephone, cable) have already been
installed to the subject property and additional utility easements are
not necessary, and that the final plat contain a twenty (20) foot wide
utility easement for sewer and water service lines crossing Lot 46A to
service Lot 46B;
. 4. That the applicant submit protective covenants for creation of a
homeowner's association for the two townhouse lots containing the
applicable provisions outlined in the staff report, and that the
covenants be reviewed and approved by the Planning Office prior to
the applicant submitting for final plat review and approval;
5. That the developer shall enter into an improvements agreement with
the City of Bozeman guaranteeing the completion of all improvements
in accordance with the preliminary plat submittal information and
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conditions of approval. If the final plat is filed prior to installation of
all improvements, the developer shall supply the City of Bozeman with
an acceptable method of security equal to one hundred fifty (150)
percent of the cost of the remaining improvements;
6. That the developer shall have three (3) years from the date of
preliminary plat approval to complete the conditions of preliminary plat
approval and apply for final plat approval for the two-lot minor
subdivision; and
. 7. That the applicant submit with the application for final plat review of
the two-lot minor subdivision written narrative stating how each of
the above conditions of preliminary plat approval
have been
satisfactorily addressed.
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.
Conditional Use Permit - The Pub at MacKenzie River Pizza ComDanv - allow the sale of
alcoholic beveraaes at existina restaurant located on the east 5 feet of Lot 7 and west 27 %
feet of Lot 8. Block C. Oriainal Townsite - Steve Schuel for Mark and Christin Tache (232 East
Main Street) (Z-9764)
This was the time and place set for review of the Conditional Use Permit requested by
. Steve Schuel for Mark and Christin Tache under Application No. Z-9764, to allow the sale of
alcoholic beverages at an existing restaurant located on the east 5 feet of Lot 7 and west 27 Y2
feet of Lot 8, Block C, Original Townsite. The subject site is more commonly located at 232
East Main Street and is to be known as The Pub at MacKenzie River Pizza Company.
Assistant Planner Jody Olsen presented the staff report. She stated that MacKenzie
River Pizza Company is seeking transfer of the ownership of an on-premise beer and wine
license through the State of Montana Department of Revenue and, under the City's zone code,
a conditional use permit must be sought to allow the on-premise consumption of alcoholic
beverages.
The Assistant Planner stated that staff has reviewed this application in light of the
seven criteria contained in the zone code, and those comprehensive findings are contained in
. the written staff report. She noted that the City-County Planning Board conducted the public
hearing on this conditional use permit at its June 17 meeting and, following that hearing,
concurred in staff's recommendation for approval.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Conditional Use Permit requested by Steve Schuel for Mark and Christin Tache under
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Application No. Z-9764, to allow the sale of alcoholic beverages at an existing restaurant
located on the east 5 feet of Lot 7 and west 27 % feet of Lot 8, Block C, Original Townsite,
be approved, subject to the following conditions:
1. A copy of the State Revenue Department Liquor License to serve
alcoholic beverages at the MacKenzie River Pizza Company restaurant
shall be submitted to the Planning Office prior to the sale of alcoholic
. beverages at the restaurant.
2. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the
conditional use permit procedure.
3. All of the special conditions placed on this Conditional Use Permit shall
be binding upon the owner of the land, his successors or assigns, and
shall be recorded as such with the Gallatin County Clerk and
Recorder's Office by the property owner prior to the issuance of any
final site plan approval, or commencement of the use.
4. All of the special conditions attached to this Conditional Use Permit
shall be consented to in writing by the applicant prior to the
commencement of the use.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
Stueck; those voting No, none.
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Variances from Section 16.16.040.A.. Bozeman MuniciDal Code - Steve McGough - to relax
the current setback standards bv reducina the various vard setback reauirements on 7.9856-
acre tract located in the SW%. NE% and N%. SW%. Section 11. T2S. R5E. MPM (Wheeler
Mobile Home Park. 2715 West Babcock Street) (P-9731)
This was the time and place set for review of the application for variances from Section
16.16.040.A. of the Bozeman Municipal Code, as requested by Steve McGough under
Application No. P-9731, to relax the current setback standards by reducing the various yard
setback requirements on a 7.9856-acre tract located in the Southwest Half, Northeast Quarter
and the North Half, Southwest Quarter of Section 11, Township 2 South, Range 5 East,
Montana Principal Meridian. The subject site is more commonly known as the Wheeler Mobile
Home Park located at 2715 West Babcock Street.
. Planning Director Epple presented the staff report on behalf of Assistant Planning
Director Debbie Arkell. He reminded the Commission that the preliminary plat for expansion
of the Wheeler Mobile Home Park was recently approved. He noted that that plat anticipated
single-wide manufactured homes; however, the owner has since found that double-wide
manufactured homes with attached garages create a more attractive and better living
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environment. He stated that, given the preliminary plat as approved, the new proposal will not
fit within the lot sizes and the setbacks required. He noted the applicant is requesting that
essentially the zoning setbacks for stick built homes be allowed within this subdivision,
reminding the Commission that these include 8-foot side yard setbacks and 20-foot front yard
setbacks.
. The Planning Director characterized this request as seeking "the best of both worlds".
He noted that it will allow for the flexibility granted under the manufactured home subdivision
standards while requiring setbacks similar to those in the zone code instead of the setbacks
required in the subdivision regulations.
The Planning Director stated that staff is able to support some of the requested
variances but not all of them. He noted that staff's comprehensive findings are contained in
the written staff report, which has been submitted to the Commission. He stated that the City-
County Planning Board considered this report during the public hearing, held at its regular
meeting of July 1. He stated that, following the public hearing, the Planning Board concurred
in staff's recommendation for approval of a portion of the variances but not all of them.
. The Planning Director briefly reviewed the requested variances, identifying those which
staff can support. He noted that, under the subdivision regulations for mobile home parks,
setbacks for stands are 20 feet from the property line, 15 feet from interior streets and 25 feet
from public streets; there is to be 25 feet between stands side to side and 15 feet rear to rear.
He stated that under the requested variances, there is to be a 16-foot separation between
homes; 15-foot setbacks to most perimeter property lines; 8-foot setbacks from the side yard
lines for lots fronting on West Mendenhall Street; 13-foot setbacks from private streets on
corner lots; 14. 11-foot setback from West Babcock Street for the existing home on Lot 1,
Block 1; and an 18-foot front yard setback for Lots 9-14, Block 2. He stated that staff cannot
support the proposal for a 15-foot setback from the west property line because it abuts a
single-family residential development, and a 25-foot setback seems more appropriate along that
. boundary. He noted that the recommendations forwarded by staff and the Planning Board are
for approval of the variances to allow a 16-foot separation between manufactured homes; a
15-foot setback from the east perimeter property line; 8-foot setbacks from side property lines
for lots fronting on West Mendenhall Street; 13-foot setbacks from private streets on two
corner lots; a 14. 11-foot setback from West Babcock Street for the existing home on Lot 1,
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Block 1; and a minimum rear yard variance of two feet for Lots 10, 11, 12 and 14, Block 2,
so that a 20-foot setback from the sidewalk to the garages is maintained.
Responding to Mayor Stueck, the Planning Director stated that this request has
confirmed the section of the subdivision regulations pertaining to mobile homes needs to be
reviewed and revised. He stated that staff will begin that review this summer and noted that
. proposed revisions should be ready for Commission consideration in September or October.
He recognized that variances are not the ideal way to proceed with this type of change to the
code, however, he feels that in this instance, the staff's recommendations for approval of a
portion of the variances is consistent with how he envisions the revisions to the code
requirements will be drafted.
Mayor Stueck stated he feels the requested variances will promote a better
manufactured home subdivision than the subdivision regulations currently allow.
Mr. Steve McGough, applicant, indicated his concurrence with the staff report and the
conditions forwarded by the City-County Planning Board. He also indicated a willingness to
respond to questions.
. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the following variances from Section 16.16.040.A. of the Bozeman Municipal Code, as
requested by Steve McGough under Application No. P-9731, to relax the current setback
standards by reducing the various yard setback requirements on a 7.9856-acre tract located
in the Southwest Half, Northeast Quarter and the North Half, Southwest Quarter of Section 11,
Township 2 South, Range 5 East, Montana Principal Meridian: to allow a 16-foot separation
between manufactured homes; a 15-foot setback from the east perimeter property line; 8-foot
setbacks from side property lines for lots fronting on West Mendenhall Street; 13-foot setbacks
from private streets on two corner lots; a 14. 11-foot setback from West Babcock Street for
the existing home on Lot 1, Block 1; and a minimum rear yard variance of two feet for Lots 10,
11, 12 and 14, Block 2, so that a 20-foot setback from the sidewalk to the garages is
. maintained, subject to the following conditions:
1 . The existing home on Lot 1, Block 1 shall remain in its present
location, and be regulated per Section 18.50.160 of the Bozeman
Municipal Code.
2. The minimum rear yard setback on the east side of the property, with
the exception of Lot 15, Block 1 and Lot 2, Block 2 shall be 15 feet.
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3. The minimum separation between all manufactured homes and their
attached garages shall be 16 feet.
4. The side yard setback for Lots 15 and 18, Block 1 and Lots 2 and 15,
Block 2 shall be eight (8) feet (unless a ten-foot-wide utility easement
is required, then the setback shall be ten feet), only if double wide
manufactured homes with attached garages are located on these lots,
as proposed in this submittal.
. 5. The minimum front yard encroachment into the 25-foot front yard
setback from West Mendenhall Street for Lot 15, Block 2, shall be
two feet, thus providing a minimum 23-foot front yard setback.
6. The minimum corner side yard setback on Meghans Way for Lots 1
and 16, Block 2 shall be 13 feet.
7. A minimum of 20 feet must be provided between the garage and
sidewalk of all lots to ensure ample room for parking in front of the
garage without a vehicle blocking the sidewalk. No encroachment into
the required stream setback can occur.
8. The driveways onto West Mendenhall Street from Lots 16 and 17,
Block 1, and Lots 1 and 16, Block 2, cannot be located any closer to
the intersection of Meghans Way and Mendenhall Street than is
allowed on the plans and specifications for the street construction.
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.
Staff reDort - reauest to order Cats Paw and U Haul to install curb and gutter alona West Aseen
Street frontaae
Included in the Commissioners' packets was a memo from Engineering Assistant Andy
Kerr, dated June 4, forwarding background information on this request from staff.
Engineering Assistant Andy Kerr forwarded the staff comments. He stated that the
Engineering Department is currently reviewing plans for street improvements to North 8th
Avenue and West Aspen Street in conjunction with the new Mr. T's facility being constructed
at the corner of North 8th Avenue and West Aspen Street. He stated that the conditions of
approval require the developer to install city-standard streets along his street frontages, but
. only pave that portion of West Aspen Street lying between North 7th Avenue and his property
line, without curb and gutter. The Engineering Assistant stated that U Haul has tentatively
agreed to participate by installing curb and gutter along their street frontage, but the Cats Paw
has not. He then forwarded staff's recommendation that the Commission order the Cats Paw
and U Haul to install curb and gutter along their street frontages, in conjunction with the street
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improvements installed by Mr. T's, so that this entire street is improved at the same time and
in the same manner.
Engineering Assistant Kerr cautioned that the paving of this street will have an impact
on the parking at the Cats Paw. He noted that at the present time, there is a space where up
to a dozen cars park with their noses against the north end of the building. With the
. improvements to the street, including curb and gutter, cars will no longer be able to park in that
area; however, on-street parking will be available. He also noted that the existing parking
spaces encroach into the public right-of-way, and those parking in the spaces must back into
the street, which results in increased liability.
Mayor Stueck stated the parking situation at the Cats Paw has been hazardous for a
long time, and reducing that hazard is in everyone's best interests. He then indicated his
support for requiring that the curb and gutter for the entire block be installed at the time of
initial improvements, rather than installing the improvements on a piecemeal basis.
Engineering Assistant Andy Kerr cautioned that there is a remote possibility the Mr. T's
project may not move forward. He noted that, if that project is not constructed, then these
. property owners should not be required to install the curb and gutter adjacent to their
properties.
City Attorney Luwe stated the Commission has the authority to order in curb and gutter
at the subject addresses, and staff will carry out the order by notifying property owners and
giving them thirty days in which to install the improvements or they will be installed with the
costs billed back to the property owners. He suggested that the staff could then issue that
order when it is evident that the Mr. T's project is in process, with the timing of the order
providing for integration of this curb and gutter with the paving and curb and gutter installation
for that project.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission order the Cats Paw and U Haul to install curb and gutter along the West Aspen
. Street frontages of their properties, and direct the City Manager to not serve notice until the
Mr. T's project moves forward. 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.
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Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
( 1 ) Memo from City Attorney Luwe, dated July 2, responding to questions raised
regarding the zoning variance process.
. (2) Letter from Joyce Schmidt, 423 Y2 North 6th Avenue, dated June 30, regarding
the hiring of the new City Manager.
(3) Invitation to attend the garden party at the Travel Station, to be held from 5:00
to 8:00 p.m. on Friday, July 11.
(4) Minutes from the Beautification Advisory Board meeting held on June 25,
1997.
(5) Notice of the Cemetery Board meeting to be held at 8:00 a.m. on Wednesday,
July 9, in the Commission Room.
Responding to Mayor Stueck, the Acting City Manager stated that City staff provides
secretarial services for quarterly meetings. He recognized that with the amount of work the
. Cemetery Board is undertaking at this time, they meet monthly, and he has encouraged them
to seek other secretarial assistance for those meetings.
(6) Agenda for the Headwaters Recycling meeting to be held at 10:00 a.m. on
Wednesday, July 9, at the Boulder Courthouse Annex, along with minutes from the RFP work
session held on May 21 and the minutes of the project meeting held on June 25.
(7) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, July 8, in the Commission Room.
(8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, July 8, in the Commission Room.
(9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, July 8, at the County Courthouse.
. (10) The City Manager submitted his weekly report, as follows. (1) Attended the
Burns Center dedication at MSU. (2) Attended the City-County Co-operative meeting last
week. (3) Attended the dedication of the Reno H. Sales Stadium renovation on Thursday
afternoon. (4) Attended a meeting at the hospital to review their plans for future development.
(5) Took Assistant City Manager Brey to the Rotary Club meeting on Tuesday. (6) Stated that
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Dennis Cruise, the City's PC Support Staff, has begun to run cables in the front part of City
Hall to network the computers to the mainframe. He noted that networking of the computers
in the back portion of City Hall should follow soon, then possibly networking with other
buildings. He noted that these changes should dramatically improve communication and the
technology with which the employees operate. (7) Announced that the Building Inspection
. Division moved to its new location on Tuesday and should soon be settled in.
(11 ) The City Manager announced that the bids for the Visitors' Center came in
substantially over estimates and, in a letter dated July 3, the Montana Department of
Transportation has indicated its intent to rebid the project unless the City submits a letter
stating that it will cover the $200,000 gap in funding.
Mayor Stueck stated that a conversation with Rich Allison, JTL Group, the low bidder,
revealed that slightly over $200,000 of the bid amount was for landscaping. He then
suggested that the landscaping could be dramatically decreased in the bid specifications, with
the landscaping being installed at a later date, when monies are available.
Acting City Manager Brey stated that significant landscaping has been a long.time
. commitment for this project. He recognized, however, that it could be separated from
construction of the structure.
(12) Acting City Manager Brey stated that he has been introducing City Manager
Johnson to the City's employees and reacquainting himself with the top of his desk.
( 13) City Attorney Luwe stated that he spent a substantial amount of last week
working on contracts for the 9-1-1 equipment.
(14) Mr. David Smith, Executive Director of the Bozeman Area Chamber of
Commerce, stated that he, Commissioner Rudberg, Racene Friede and AI Bertelsen spent six
days in Huntsville, Alabama, to formally invite the Wally Byam Caravan Club International back
to Bozeman in the year 2000. He stated that they should have an answer within four months
on whether Bozeman is successful in its bid. He estimated that, based on 2,500 people
. attending the seven-day conference, the economic benefit to Bozeman would be $1.75 million.
He then indicated that, since the Club retains an east/west rotation, if Bozeman is not
successful in 2000, he will pursue the 2002 conference.
Commissioner Rudberg noted that they took 1,000 Montana pins, and they went
quickly. She then noted that those conference attendees who had been to Bozeman
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remembered that all of their activities took place at MSU, where they could walk between their
homes and the activities rather than relying on buses.
Mr. David Smith noted that all four of the rallies held in Bozeman rank in the top eleven
conference attendances. He cautioned that the number of people attending the rallies has
declined over the years, and this year, there were only 1,470 units.
. ( 15) Commissioner Rudberg asked about the flyer from the Montana Board of
Investments and whether the changes could benefit the City; the Assistant City Manager
responded that they could.
(16) Commissioner Stiff submitted the following. (1) Attended the meeting at the
hospital last week, to which City Manager Johnson previously referred. (2) Attended the
dedication at Reno H. Sales Stadium last week. He noted that during that dedication, Mayor
Stueck spoke about the partnership between the University and the City, and President Malone
continued that theme in his speech.
( 17) Mayor Stueck submitted the following. (1) Attended the meeting with the
hospital last week, at which a preliminary master plan for development of their 480 acres over
. the next thirty to fifty years was discussed. (2) Stated he is impressed with the new Building
Inspection Division offices. (3) Announced that he will travel to Billings later this week for
surgery on both of his eyes.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Request for Dermission to conduct bicycle race - Gallatin Valley Bicycle Club -
Saturday. August 16. 7:00 a.m. to 7:00 c.m. - South 3rd Avenue.
South Tracy Avenue. Kaay Boulevard. Sourdough Road. Goldenstein
Lane. South 3rd Avenue. Wagon Wheel Road, South 3rd Avenue loop
Authorize City Manager to sign - Professional Services Aareement for Inflowl
Infiltration Study - Damschen & Associates. Inc.. Helena. Montana
Authorize eXDenditure of $3.161.29 as Dartial reimbursement for costs billed
. by the State of Montana DeDartment of Environmental Quality for the
Bozeman Solvent Site for the ceriod January 1. through March 31.
1997
Commission Resolution No. 3188 - intent to amend the land use element from
"Suburban Residential" and "Urban Residential" to "Urban Residential
Infill" and "Commercial" on 411 :t -acre Darcel lYing along the south
side of Durston Road. west of Ferauson Road and north of US
Highway 191. in the 1990 Bozeman Area Master Plan Uodate
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COMMISSION RESOLUTION NO. 3188
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE CITY'S INTENT TO AMEND THE 1990 BOZEMAN
AREA MASTER PLAN UPDA TE BY AMENDING THE LAND USE ELEMENT
FROM "SUBURBAN RESIDENTIAL" AND "URBAN RESIDENTIAL" TO "URBAN
RESIDENTIALINFILL" AND "COMMERCIAL" ON 411:t ACRES LOCATED IN
THE NORTHWEST ONE-QUARTER OF SECTION 10; THE NORTHEAST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 9; THE
. NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 9; THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-
QUARTER OF SECTION 9; THE SOUTHEAST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 9; THE WEST ONE-HALF OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF
SECTION 9; ALL PROPERTIES LOCATED IN TOWNSHIP 2 SOUTH, RANGE 5
EAST, MONTANA PRINCIPAL MERIDIAN, AS SHOWN ON COS 1005; PARCEL
A, COS NO. 1829; THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST;
TRACT 1, COS NO. 1846, LOCATED IN SECTION 10, TOWNSHIP 2 SOUTH,
RANGE 5 EAST MONTANA PRINCIPAL MERIDIAN; AND BILLION AUTO
PLAZA SUBDIVISION PLAT J-180, GALLATIN COUNTY, MONTANA, AND TO
EXPAND THE URBAN GROWTH AREA AND THE SEWER SERVICE AREA
BOUNDARIES TO CORRESPOND WITH THE PROPERTIES BEING ANNEXED.
Award bid - 1997 Street Imorovements - Schedules I and" to JTL Grauo, Inc.,
Belarade, Montana, in the bid amount of $157 ,065.00: Schedule '"
to Concrete Soecialties, Inc" Bozeman, Montana, in the bid amount
of $54,218.50: and Schedule IV to Mark Rite Lines of Montana, Inc.,
Billings, Montana, in the bid amount of $28,991.36
. Authorize Mayor to sian - Findings of Fact and Order - oreliminary olat to
amend the final olat for Parkway Plaza Subdiyision to agareaate Lots
1 A and 1 B, Block 4, and modify the use and purpose notes on the olat
Authorize Mayor and City Manaaer to sign - Interlocal Aareement between
Gallatin County and the City of Bozeman for Victim/Witness
Assistance Proaram for Fiscal Year 1997-1998
Building Insoection Division reoort for May 1997
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none.
. Recess - 3:55 p.m.
Mayor Stueck declared a recess at 3:55 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
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Reconvene - 7:00 D.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearing - Commission Resolution No. 3177 - establishing DubUc hearing on aDDlication
. from Westlake BuildinQ PartnershiD for tax reduction for eXDandinQ business
This was the time and place set for the public hearing on Commission Resolution No.
3177, as approved by the City Attorney and entitled:
COMMISSION RESOLUTION NO. 3177
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE APPLICATION OF WESTLAKE BUILDING
PARTNERSHIP FOR TAX REDUCTION UNDER SECTION 15-24-1401, ETSEO.,
MONTANA CODE ANNOTATED, AND CITY OF BOZEMAN COMMISSION
RESOLUTION NO. 2660.
Mayor Stueck opened the public hearing.
Under this application, Westlake Building Partnership is seeking a tax reduction on
expansion of the existing building occupied by Midwest Industries, Inc., at an estimated cost
of $512,000.00.
. No one was present to speak in support of or in opposition to the requested tax
reduction.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
City Manager Johnson presented Commission Resolution No. 3189, as approved by
the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3189
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE APPLICATION OF WESTLAKE BUILDING
PARTNERSHIP FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEO.,
MONTANA CODE ANNOTATED, AND CITY OF BOZEMAN COMMISSION
RESOLUTION NO. 2660.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
. Commission adopt Commission Resolution No. 3189, approving the application of Westlake
Building Partnership for tax reduction under Section 15-24-1401, et seq., Montana Code
Annotated, and City of Bozeman Commission Resolution No. 2660. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
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Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No,
none.
Public hearina - Commission Resolution No. 3178 - establishina cublic hearing on acclication
from Midwest Industries. Inc.. for tax reduction for excandina business
. This was the time and place set for the public hearing on Commission Resolution No.
3178, as approved by the City Attorney and entitled:
COMMISSION RESOLUTION NO. 3178
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE APPLICATION OF MIDWEST INDUSTRIES, INC.,
FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEQ., MONTANA
CODE ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION
NO. 2660.
Mayor Stueck opened the public hearing.
Under this application, Midwest Industries, Inc., is seeking a tax reduction for
acquisition of $157,000.00 in new equipment, in conjunction with expansion of the building
considered in the previous agenda item.
No one was present to speak in support of or in opposition to the requested tax
. reduction.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
City Manager Johnson presented Commission Resolution No. 3190, as approved by
the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3190
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE APPLICATION OF MIDWEST INDUSTRIES, INC.,
FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEQ., MONTANA
CODe ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION
NO. 2660.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission adopt Commission Resolution No. 3190, approving the application of Midwest
Industries, Inc., for tax reduction under Section 15-24-1401, et seq., Montana Code
. Annotated, and City of Bozeman Commission Resolution No. 2660. 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.
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Public hearing - COA with deviation from Section 18.18.050, Bozeman Municipal Code. to
allow 15'9" by 13'6" storage shed that is 18' 11" hiah to encroach 3 feet into reauired 8-foot
side yard and 6 feet into reauired 10-foot rear yard setback on Lots 3 and 4 and the north %
of Lot 5. Block 2. Butte Addition - Tim and Kathy Marcinko. 807 South Tracy Avenue (Z-9767)
This was the time and the place set for the public hearing on a Certificate of
Appropriateness with deviation from Section 18.18.050, Bozeman Municipal Code, as
. requested by Tim and Kathy Marcinko under Application No. Z-9767, to allow a 15-foot-9-inch
by 13-foot-6-inch storage shed that is 18 feet 11 inches high to encroach 3 feet into the
required 8-foot side yard and 6 feet into the required 10-foot rear yard setback on Lots 3 and
4 and the north % of Lot 5, Block 2, Butte Addition. The subject property is more commonly
located at 807 South Tracy Avenue.
Mayor Stueck opened the public hearing.
Planning Director Epple presented the staff report on behalf of Historic Preservation
Officer Derek Strahn. He stated that the Commission conducted a public hearing on essentially
this same request a few weeks ago, except that the roof height has been increased by
approximately two feet to accommodate slightly larger windows and a better replica of the
existing historic house. He stated that since this is essentially the same as the previous
. application, except for the height, staff conducted an abbreviated review of this application.
He then forwarded staff's recommendation for approval, subject to two conditions.
Mr. Tim Marcinko, applicant, stated his support for staff comments and indicated a
willingness to respond to questions. He then encouraged the Commission to consider zone
code amendments to establish different setbacks for the historic areas in the community to
more accurately reflect existing development, so that this type of situation can be avoided
while allowing for more appropriate development and re-development within the neighborhood
conservation overlay district and historic districts. He noted that this would avoid the type of
additional expense and delay which he has just encountered with this application.
No one was present to speak in opposition to the requested deviation.
. 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 Certificate of Appropriateness with deviation from Section 18.18.050,
Bozeman Municipal Code, as requested by Tim and Kathy Marcinko under Application No.
Z-9767, to allow a 15-foot-9-inch by 13-foot-S-inch storage shed that is 18 feet 11 inches high
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to encroach 3 feet into the required 8-foot side yard and 6 feet into the required 10-foot rear
yard setback on Lots 3 and 4 and the north Y:z of Lot 5, Block 2, Butte Addition, subject to the
following conditions:
1. The applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval or this approval shall become
null and void.
. 2. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's
approval, unless the applicant submits the proposed modifications for
review and approval by the Planning Office prior to undertaking said
modifications, as required by Section 18.62.040 of the Bozeman
Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
Public hearina - COA with deviations from Section 18.50.160 to allow addition of a second
story to an existing house and allow eXDansion of Dorch which currentlv encroaches into the
front yard setback on Tract B with Lot E. Guy's Second Addition - Robert Dougherty for Nancy
Daniels. 202 East Story Street (Z-9791)
. This was the time and place set for the public hearing on a Certificate of
Appropriateness with deviations from Section 18.50.160, as requested by Robert Dougherty
for Nancy Daniels under Application No. Z-9791, to allow the addition of a second story to an
existing house and to allow the expansion of a porch which currently encroaches into the front
yard setback on Tract B with Lot E, Guy's Second Addition. The subject site is more
commonly known as 202 East Story Street.
Mayor Stueck opened the public hearing.
Associate Planner Dean Patterson presented the staff report. He stated that the
applicant proposes to replace the existing hip roof with a gable roof, to allow the addition of
a second story on a house which currently encroaches approximately 13 feet into the front yard
. setback, and to allow expansion of a porch and attendant roof, which currently encroaches into
the front yard setback, from its existing 6-foot width to 18 feet wide. He stated that the
applicant has proposed a metal roof and corrugated metal siding under the gable, and the
Historic Preservation Officer has expressed concern that this would result in the introduction
of an element that does not currently exist in the neighborhood. As a result, the applicant has
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indicated a willingness to use asphalt shingles instead, but still wishes to use corrugated metal
under the gable,
The Associate Planner stated that staff has reviewed these requested deviations
against the criteria established in the Bozeman Municipal Code and found that they generally
meet those criteria, He noted that staff does have some concern about the proposed use of
. corrugated metal, but feels that it can be adequately integrated into the rest of the structure,
He stated, as a result, staff is forwarding a recommendation for approval, subject to five
conditions.
The Associate Planner noted that, included in the Commissioners' packets, was a note
from Mr. Everett Edsall, 130 East Story Street, stating his support for this proposed project.
Mr, Robert Dougherty, representing the property owner, indicated a willingness to
respond to questions.
Responding to questions from Mayor Stueck, the Associate Planner stated the purpose
of requiring that the colors for the exterior be provided is to ensure that nuisance colors are
avoided and to make sure that the colors are complementary,
. Responding to additional questions from Mayor Stueck, Mr. Dougherty stated that the
corrugated metal siding is to be galvanized and, through the use of mercuric acid, the surface
will be a dull mottled gray.
No one was present to speak in opposition to the requested deviations.
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 Certificate of Appropriateness with deviations from Section
18.50,160, as requested by Robert Dougherty for Nancy Daniels under Application No, Z-9791,
to allow the addition of a second story to an existing house and to allow the expansion of a
porch which currently encroaches into the front yard setback on Tract B with Lot E, Guy's
Second Addition, subject to the following conditions:
. 1. The proposed metal roof shall be changed to asphalt shingles,
2, The existing concrete porch shall be restored or repaired.
3, The colors of the house and corrugated metal siding under the gables
shall be complementary to each other. This may mean that changing
the color of one or the other is necessary, The use of wood shingle or
lap siding should be considered for the gable area siding, Colors of all
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elements shall be provided to the Planning Office for review, and
shown in the building permit drawings.
4. If required by the Building Department, a porch railing shall be
compatible with the design of the porch.
5. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's
. approval unless the applicant submits the proposed modifications for
review and approval by the Planning Office prior to undertaking said
modifications, as required by Section 18.62.040 of the Bozeman
Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck; those voting No, none.
Public hearing - Conditional Use Permit with variances from Sections 18.50.030.D..
18.50.110.8.1.. 18.50.110.C.1.. and 18.52.030.D.1.ii.. BMC - Locati Architects for Doren
L.L.C. - to allow construction of Drivate elementarv school concurrentlv with construction of
subdivision imDrovements on Lot 3. Block 1. North Meadows Subdivision (West Villard Street)
(Z-9746)
This was the time and place set for the public hearing on a Conditional Use Permit with
. variances from Section 1 8.50.030. D.. Section 1 8.50. 110. B. 1 " Section 18.50. 110. C. 1. and
Section 18.52.030.D.1.ii., Bozeman Municipal Code, as requested by Locati Architects for
Doren L.L.C., under Application No. Z-9746, to allow the construction of a private elementary
school concurrently with the construction of subdivision improvements on Lot 3, Block 1, North
Meadows Subdivision. The subject property is located on West Villard Street.
Mayor Stueck opened the pUblic hearing.
Assistant Planner Chris Saunders presented the staff report. He stated the subject site
is located west of Greenway Subdivision along the south side of Durston Road, with access
being from West Villard Street. He noted that the subject lot is located adjacent to the park
in North Meadows Subdivision. The Assistant Planner stated that, in light of concerns
expressed about snow removal areas and landscaping, the applicant has indicated a willingness
. to rotate the building slightly to accommodate the needed on-site changes. He indicated that
staff supports the proposed rotation, and the building rotation does not significantly impact the
application which is currently before the Commission. He characterized the proposed layout
of the site as fairly straight forward, noting that the building is to contain 4,600 square feet,
07-07-97
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and seven off-street parking spaces are to be provided, which is in excess of the five spaces
required.
The Assistant Planner stated that the City-County Planning Board considered this
application at its June 17 meeting. He noted that at that time, the Board considered the staff
report and the criteria under which conditional use permits and variances are considered. He
. also stated that during that public hearing, supporters identified the benefits of the school and
the need to construct a new school to relieve the congestion in the existing school.
The Assistant Planner stated that, in conjunction with the conditional use permit, the
applicant has requested variances from various sections of the zone code to allow for
concurrent construction of the school and the installation of water, sewer and street
improvements for the subdivision. He reminded the Commission that, during previous
proceedings regarding this subdivision, concerns were expressed about the adequacy of the
existing sewer lines and whether they would be able to handle the additional flows generated
by development within the subdivision. He stated that the City Engineering Department has
reviewed the plans and specifications for the sewer system for this subdivision and has
determined there is adequate capacity downstream to handle the development as proposed.
. Assistant Planner Saunders stated that, after completing its public hearing, the Planning
Board took two separate actions on this item. In the first action, the Board voted 7 to 0 to
recommend approval of the conditional use permit, subject to nine conditions. He briefly
highlighted those conditions, noting that four of them are the standard conditions. In the
second action, the Board voted 6 to 1 to forward a recommendation for approval of the
requested variances.
Ms. Nancy Characklis, 3390 Summer Cutoff Road, stated she is the owner and director
of the Learning Circle School, which is currently located at 516 West Cleveland Street. She
stated that the school, which was started 17 years ago, now serves 60 students from age 3
through 4th grade. She stated that, with the increasing population in Bozeman and the
. increasing support for a non-profit non-denominational elementary school, and through
scholarship programs, the school is able to serve children with a wide variety of needs and
abilities. She noted that the existing facility will probably not adequately house the school for
the upcoming school year, given anticipated growth in the number of students wanting to
attend.
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Ms. Characklis stated that the existing site has a small yard. Because of the number
of children in the school, breaks are now split, so that a portion of the children are inside while
others are outside because the area cannot adequately accommodate all of them at once. She
stated that 35 more children would like to attend the school, and construction of the new
school, as proposed, would accommodate that increased enrollment. She noted that, with the
. enthusiastic support of the parents and the desire for increased enrollment, it appears now is
the appropriate time to consider the construction of a new school site and encouraged
Commission approval of this application.
Mr. Michael Liebelson, managing member for Doren, L.L.C., stated this is a group of
parents formed to assist with financing of the school. He noted that Doren, L.L.C., has
submitted a four-page letter, dated June 16, in response to the staff report. He reviewed the
information in that letter, forwarding their responses to several of the issues raised by staff.
He stated that at this time, parents are willing and able to assist in funding of the new school;
Mr. Clair Daines has land available and is willing to sell the property at cost while donating the
remainder of it; and the immediate need for additional space to accommodate additional
students exists. He noted that if the requested variances are not approved, the school must
. abandon the building of its new school, since the same set of circumstances will probably not
exist next year.
Mr. Liebelson noted that one of the issues raised is the setting of a precedent if these
variances are granted. He noted the only other time this type of variance was granted was for
the Sacajawea Middle School; and this request is being submitted by a non-profit, non-
denominational elementary school. He suggested that approval of this type of community
opportunity does not necessary set a precedent for a commercial developer.
Mr. Liebelson stated that a number of concerns have been raised about the
construction of a building without infrastructure in place, particularly the streets. He forwarded
a willingness to undertake the project without risk to the City, but with the applicant, the
. school and the contractor assuming all of the risks that may be involved. He stated that this
includes emergency services, noting they would be willing to do whatever the Fire Marshal
determines is necessary to adequately protect the site during construction. He noted that a
temporary road will be installed for construction purposes, and that road will provide an
adequate access for emergency vehicles. He assured the Commission that the building would
07-07-97
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not be occupied until the water and sewer are in place. He concluded by encouraging the
Commission to approve the requests for both the conditional use permit and the variances.
Dr. Lerner, 455 Concord Drive, said he is an emergency room doctor at the hospital.
He stated that conversations with the crews from the ambulance service indicate that their
ambulances are on high-base four-wheel-drive chassis and can access this type of site without
. problem.
Responding to Commissioner Frost, Assistant Planner Saunders stated that if the
Commission grants the requested deviations, the Commission should do so with conditions
requiring the applicant to provide a guarantee for installation of the sewer, water and street
improvements, in the form of a letter of credit so that if those improvements are not completed
in a timely manner, the City can ensure that they are completed. He then noted that his memo
of June 19 forwards staff responses to the letter from Doren, L.L.C. dated June 16 and some
suggested conditions for approval of the variances.
Further responding to Commissioner Frost, Mr. Liebelson stated that they would be
willing to provide a financial guarantee, recognizing that they will not be able to occupy the
. building until the infrastructure improvements are completed. He also indicated that they will
not hold the City responsible for anything regarding construction if the Commission grants the
variances, and forwarded a willingness to execute a hold harmless agreement. He then asked
that the condition require that the hold harmless agreement be executed by Sunrise
Development as the property owner. He forwarded his concern that Condition NO.5 requires
the final plat for North Meadows Subdivision be filed prior to issuance of a building permit, and
suggested that condition should be amended if the variances are granted.
Mayor Stueck stressed that the water and sewer improvements must be installed and
accepted before an occupancy permit will be issued.
Responding to Commissioner Youngman, Assistant Planner Saunders stated that the
Fire Marshal must sign off on the final site plan prior to issuance of the building permit. He
. noted that since all of the issues raised by the Fire Marshal must be addressed at that time, no
additional condition pertaining to that item is needed.
Assistant Planner Saunders then stated that, while Sunrise Developers is responsible
for the infrastructure improvements within the subdivision, the applicant is responsible for the
on-site improvements, such as landscaping and paving.
07-07-97
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City Attorney Luwe stated the Commission must consider two separate motions on this
application, the first motion pertaining to the conditional use permit and the second pertaining
to the requested variances. He noted that the last two conditions that were discussed,
regarding the financial guarantee and hold harmless agreement, pertain to the variances. He
suggested that if the Commission wishes to consider approval of the variances, Condition No.
. 5 for the conditional use permit be revised to allow for the installation of infrastructure
improvements prior to occupancy, at the risk of the applicant.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing
Mayor Stueck stated that the comparison of this project to the Sacajawea Middle
School needs clarification. He noted that the Bozeman Public School system is a public agency
and, while it is not required to comply with zoning requirements, it attempts to do so. He
stressed that the Sacajawea Middle School was constructed adjacent to South 3rd Avenue,
which was an existing improved roadway. He further noted that water and sewer lines were
extended to the site prior to construction of the school, although the requirement for looping
of those systems was not required until prior to occupancy because of the impending
connection of the Westridge South Subdivision to the City services.
. The Mayor stressed that in this instance, the Commission is considering a request from
a private school for permission to construct a school on a lot with no existing infrastructure
improvements extended to or adjacent to it. He recognized that, while this application meets
the first and third criteria for consideration of variances, the second is a little more difficult to
answer in the affirmative. He forwarded his position that the subject site should be considered
as a school site and, as such, afforded the same flexibility as the public school district has
available. He stressed that this is significantly different from a business or any other non-profit
organization and, on that basis, he can support this application.
Commissioner Rudberg stated her support of the application, recognizing the need for
new school facilities.
. Commissioner Youngman stated her general concurrence with Mayor Stueck's
comments. She then reviewed the three criteria for considering variances individually, stating
that she feels each can be answered in the affirmative. She then thanked the staff for its
advice, noting that it is good advice. She stated that the Commission has gone through the
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same review and identified the same concerns as those raised by the Planning Board and has
reached the same decision.
Commissioner Stiff forwarded his support for the Planning Board's recommendations.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Conditional Use Permit as requested by Locati Architects for Doren
e L.L.C., under Application No. Z-9746, to allow the construction of a private elementary school
on Lot 3, Block 1, North Meadows Subdivision, subject to the following conditions:
1. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed on the
Conditional Use Permit procedure;
2. That all of the special conditions shall constitute restrictions running
with the land use and shall be binding upon the owner of the land, his
successors or assigns;
3. That all conditions specifically stated under any Conditional Use listed
in the zone code shall apply and be adhered to by the owner of the
land, successors or assigns;
4. That all of the special conditions required by the City Commission
shall be consented to in writing by the applicant;
5. The approved R-4 zoning shall be adopted by the City of Bozeman and
the final plat of the North Meadows Subdivision shall be filed prior to
. the issuance of a building permit. If the requested variance is granted,
then the final plat shall be filed prior to occupancy;
6. Sewer and water services shall be shown on the final drawings and
approved by the Water/Sewer Superintendent. City of Bozeman
applications shall be completed by the applicant;
7. The applicant, or his/their successors, shall make future reasonable
modifications, the need of scope of which will be determined by the
City of Bozeman, to the project to maintain compatibility between the
private school and the adjacent properties. These modifications may
include, but are not limited to, fencing, modifications of hours of
operations, or landscaping as determined by the City;
8. City-standard sidewalks shall be installed and properly depicted at the
standard location (i.e. one foot off the property line) along the street
frontage; and
9. Seven copies of the final site plan containing all of the conditions,
corrections, and modifications approved by the City Commission shall
be submitted for review and approved by the Planning Director within
. six months of the date of City Commission approval. The applicant
shall enter into an improvements agreement with the City to guarantee
the installation of required on-site improvements at the time of final
site plan submittal. Detailed cost estimates, construction plans and
methods of security shall be made a part of the agreement. If
occupancy of the structure or commencement of the conditional use
is to occur prior to the installation of all site improvements, the
improvements agreement must be secured by a method of security
equal to one and one-half times the amount of the estimated cost of
07-07-97
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the scheduled improvements not yet installed. Said method of
security shall be valid for a period of not less than twelve (12)
months; however, all on-site improvements shall be completed by the
applicant within nine (9) months of occupancy to avoid default on the
method of security.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
e Stueck; those voting No, none.
Commissioner Frost stated that the Montana Supreme Court has established the three
criteria by which requested variances are to be evaluated. He recognized that the other
Commissioners have forwarded strong arguments for approval of the variances, characterizing
them as unique arguments for a unique problem. He stated, however, he does not believe that
Criterion No.2 is met. He then stated that he believes that this is a good project and that it
should move forward; however, he noted that he cannot vote for the variance because he does
not believe all of the criteria are met, so he will abstain from voting.
Mayor Stueck stated his support for Commissioner Frost's comments. He stated,
however, that because this is a school and because the only precedent that might be set by
. approval of this request would be for another school, he will support the application. He
stressed that this does not mean he will support variances that might be requested by non-
profit organizations or businesses in the future.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the variances from Section 18.50.030.0., Section 18.50.11 0.B.1.,
Section 18.50.11 0.C.1. and Section 18.52.030.D.1.ii., Bozeman Municipal Code, as requested
by Locati Architects for Doren L.L.C., under Application No. Z-9746, to allow the construction
of a private elementary school concurrently with the construction of subdivision improvements
on Lot 3, Block 1, North Meadows Subdivision, subject to the following conditions:
1. Prior to the issuance of a building permit, the developer of the
subdivision shall sign an improvements agreement and provide
financial guarantees to the City of Bozeman, as provided for by the
. Bozeman Area Subdivision Regulations, for the water, sanitary sewer
and streets for both phases of the North Meadows Subdivision;
2. Prior to the issuance of a building permit, the developer of the school
shall sign an improvements agreement and a hold harmless agreement
absolving the City of Bozeman of all responsibility relating to the
development of the school concurrent with the installation of
subdivision infrastructure; and
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3. The developer of the school will not request additional variances or
concessions from the City to allow occupancy of the school prior to
all regulatory standards being met.
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,
none. Commissioner Frost abstained.
. PubliC hearing - Commission Resolution No. ~ 180 - intent to annex 411:!: acres located along
the south side of Durston Road, west of Ferguson Avenue and north of US Highwav 191 (360
Ranch Corcoration. et al.) (A-9703)
This was the time and place set for the public hearing on Commission Resolution No.
3180, as approved by the City Attorney, and entitled:
COMMISSION RESOLUTION NO. 3180
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF
TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS
WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Stueck opened the public hearing.
. Planning Director Andy Epple presented the staff report on behalf of Assistant Planning
Director Debbie Arkell. He indicated that the property owners include the 360 Ranch
Corporation, NW Ten Corporation, Mobile Nine Corporation, East Nine Corporation, Burnt
Leather Ranch, David F. Norton, R&D Holdings and the Billion Family Partnership. He stated
the subject application request contains a total of approximately 411 acres, with the subject
property being generally located along the south side of Durston Road and west of Ferguson
Road. he indicated that the 411 acres is owned by eight different individuals or corporations,
as follows:
360 Ranch Corporation 58.70
NW Ten Corporation 150.58
Mobile Nine Corporation 40.50
East Nine Corporation 40.50
. Burnt Leather Ranch 40.80
David F. Norton 40.50
R&D Holdings 19.50
Billion Family Partnership 20.00
411.08
07-07-97
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The Planning Director stated that annexation is being sought so these individuals and
corporations may obtain City services, which will better accommodate development of the
subject property. He noted that a master plan amendment and a zone map amendment, to
create appropriate urban designations, are being sought in subsequent agenda items, in
preparation for development of this area.
. Planning Director Epple stated that at its June 17 meeting, the City-County Planning
Board conducted its public hearings on the requested master plan amendment and zone map
amendment. During those hearings, issues pertaining to annexation were also raised. He
stated the County Commission will consider the master plan amendment at tomorrow's
meeting.
The Planning Director stated that a 42-acre parcel at the southwest corner of the
intersection of Durston Road and Cottonwood Road is to be dedicated as parkland and is to be
developed as the Adam Bronken Memorial Park. A two-acre parcel along Durston Road has
also been identified as the site for a fire sub-station should the City Commission and the Fire
Department determine this is the appropriate location for such a facility.
. The Planning Director noted that staff has divided this requested annexation into three
areas during its review of this application. He stated that Area 1 is located south of Durston
Road, west of Ferguson Road, north of West Babcock Street extended and east of Cottonwood
Road extended and contains approximately 225 acres. This part of the proposed annexation
is located within the current urban growth area and is within the proposed sewer service
boundary of the updated facilities plan. Area 2 is located south of West Babcock Street
extended and north of US Highway 191, and contains approximately 105 acres. The area is
generally outside the urban growth area but is within the proposed sewer service boundary.
Area 3 is located south of Durston Road, west of Cottonwood Road extended and north of
West Babcock Street extended and contains approximately 80 acres. This portion of the site
lies outside both the urban growth area and the proposed sewer service boundary. The
e Planning Director stated that, while staff supports the requested annexation of Areas 1 and 2.
it does not support annexation of Area 3 except for that portion which is to be Adam Bronken
Memorial Park.
Planning Director Epple stated that this annexation request has been reviewed in light
of the four goals and eleven policies established in Commission Resolution No. 3137, and
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staff's comprehensive findings are contained in the written staff report which was previously
forwarded to the Commission. He noted that the report includes the issues and comments
raised during the Development Review Committee's review of this request as well as the
Planning Staff's comments. He noted that most of their comments revolve around provision
of public services, infrastructure and emergency services. He stated that the general tone of
e comments, particularly from those who "work in the trenches", is that City resources are
already stretched thin, and the annexation of over 400 acres will stretch those thin resources
even further. He recognized that if the infrastructure improvements for this annexation are
constructed by the developers, at their expense, prior to development of the site and, if impact
fees are paid, some of those impacts can be somewhat mitigated.
Planning Director Epple reviewed the fourteen conditions recommended by staff for
approval of this annexation request, should the Commission find that this annexation request
meets the goals and policies set forth in Commission Resolution No. 3137. He briefly
highlighted some of those conditions, noting that No.1, which requires the installation of
infrastructure improvements prior to submittal of a preliminary plat application, simply reflects
the proposal forwarded by the applicant as part of the request for annexation. He characterized
e the remainder of the recommended conditions as being the typical conditions for annexations.
He then forwarded a suggested Condition No. 15, which would essentially read "The
annexation agreement shall include a statement to the effect that the owners acknowledge
services are not currently available to much of the area to be annexed, and that there is no right
to develop the properties until necessary services are available."
The Planning Director concluded the staff presentation by reminding the Commission
that the applicants have petitioned for annexation rather than the City seeking to annex the
subject property. He noted that under this form of annexation, the right to develop the
property is not guaranteed, either implicitly or directly, until all necessary infrastructure
improvements have been installed.
e Mr. Jack Schunke, Morrison-Maierle Engineering, distributed copies of a map of the
proposed annexation, information sheets on the proposed infrastructure improvements and a
sheet listing the merits of the proposed annexation. He stated that staff has done a very good
job in preparing the staff report in this requested annexation, and the Development Review
Committee's comments have been beneficial to the applicants. He stressed the importance of
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annexing the entire 411 acres as proposed, noting that the 64 + -acre portion along the west
end of the proposed annexation is a very important part of the overall submittal.
Mr. Schunke urged the Commission to recognize the developers' proposal to install all
infrastructure improvements before subdivision, stressing that this is an extremely large
expense. He stated that these improvements will be completed without any SIOs, but will be
. fronted by the developers. He reviewed the information distributed to the Commission
regarding the costs of those improvements, noting that a significant amount of those costs
results from off-site improvements. He forwarded the estimated costs, which include
$800,000 for sewer trunk extension, $400,000 for water main extensions and $1,100,000
for street improvements, for a total of $2,300,000 in infrastructure improvements to be
completed prior to subdivision. He stated that the sewer mains will be installed in accordance
with the updated facilities plan, noting that the sewer trunk in Cottonwood Road is designed
to serve approximately 1,000 acres. He stated that the water mains will be installed and sized
as needed to ensure adequate flows for future growth as well as development of the subject
property. He then noted that the extension of roads to and through the subject property is the
. most expensive part of the infrastructure improvements. He indicated that under the proposed
improvements, Ourston Road is to be constructed to an expanded County-standard road, with
a bicycle lane along the side, rather than to City standards.
Mr. Schunke noted that it is difficult to plan for infrastructure improvements for smaller
annexations, which results in a piecemeal approach and sometimes a downsizing of the
improvements installed. He further noted that, in conjunction with this annexation, the City
will receive rights-of-way for several of the street improvements needed in this area, including
Ourston Road, Ferguson Road, Cottonwood Road and West Babcock Street, He noted that
these are not type typical 60-foot rights-of-way; rather, they range from 90 to 120 feet in
width and either half or all of the right-of-way is being dedicated, depending on whether the
right-of-way is located in or adjacent to the 411 acres. He further noted that, for the entire
. 411 acres, a parkland dedication of approximately 25 acres will be required, and the developer
is proposing to dedicate 42 acres of the 360 Ranch Corporation property for the AdamBronken
Memorial Park. He noted that with the location of this 42-acre area, along the south side of
Ourston Road immediately west of Cottonwood Road, access can be easily gained to the site,
He also indicated that the area will lend itself well to the development of soccer fields. He then
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stated that a gravel extraction area has been identifed on the 64 acres immediately to the west
of the parkland. He noted that once the gravel has been taken from that site, a 1 a-acre pond
should result, and the landowner has proposed the pond be incorporated into the park area.
Mr. Schunke stated that a petition in support of this requested annexation, containing
in excess of 700 signatures, has been submitted to the Commission. He also noted that letters
. of support have been received from adjacent property owners.
Mr. Schunke stated that the City-County Planning Board has recommended approval
of the master plan amendment and the zone map amendment, contingent upon annexation,
stressing that this includes the 64 acres in Area 3. He noted that some higher density
residential development is proposed on a portion of this site, as well as a site for mobile homes,
while the 64 acres in the northwest corner is proposed for lower density residential
development. He suggested that, with this configuration for development, a broad range of
housing can be provided, including affordable homes and starter homes, for which there is a
significant demand at the present time.
Mr. Bob Lee, Westridge Planning, stated he was retained to assist in preparing the
. annexation request and attendant applications for master plan amendment and zone map
amendment. He noted that only small pieces of land were being initially discussed for
annexation; however, planning for infrastructure improvements became a problem. He stated
that, with including all of the properties that have been proposed, those issues and problems
have been eliminated and alignment of the infrastructure improvements has been simplified.
He characterized annexation of the entire 411 acres as an opportunity for some "real planning"
in terms of long-range planning and establishing zoning which makes sense for the subject
parcel as well as surrounding parcels.
Mr. Brian Troth, 8585 Gooch Hill Road, stated his support for the requested
annexation, noting he is one of the organizers of the Adam Bronken Sports Complex. He noted
there were over 800 signatures on the petition requesting approval of this annexation. He then
. read into the record a letter from Dr. Paula Butterfield, Superintendent of Schools, in support
of the annexation.
Mr. Troth gave a brief background on the history of the Adam Bronken Sports
Complex, noting that the night before Adam's funeral, he received a telephone call from
someone who felt it was important to form a committee to do something in his memory,
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possibly in the form of a soccer net or a soccer goal. From that idea was born the idea of a
sports complex, and the committee looked at several different pieces of property in both the
city and the county. He stated that, until they looked at this parcel, he had never met Mr. Kelly
Meyers, but he is impressed by his offer to donate 42 acres plus some of the engineering and
site preparation costs.
e Mr. Troth stated that the committee has created colored brochures and begun
fundraising efforts. He stated that the total project will cost an estimated $1.3 to $1.4 million,
a significant portion of which is being donated by Mr. Meyers.
Mr. Troth stated he has considered reasons why one would vote either for or against
this requested annexation and the list of reasons for annexation was long while there was only
one reason against. He encouraged the Commission to remember that the community is
growing and that it will continue to grow and develop, whether property is annexed or not. He
recognized that, even if the entire 411 acres is annexed at this time, it may not be fully
developed for twenty years. He stated, however, that if it is annexed, City services can be
provided to the site, and development will increase the City's tax base.
Mr. Troth stated that the soccer fields will cover approximately 18 acres of the 42-acre
. park site. He noted that, in addition, handicapped accessible trails are to be developed as well
as an area with picnic facilities. He indicated that the cost of developing the entire park,
including the ponds, is estimated at $2 million. He noted that, with the generous donations
received to date, the actual cost should be significantly lower.
Mr. Troth stated that if the 64 acres to the west of the park is not annexed, water and
sewer mains will not be extended past the park site, and the cost of extending those services
will have a negative impact on the development of the soccer fields. He also noted that
Durston Road will not be completed past the park, and that will create dust. He then asked
that the Commission annex the entire 411 acres, and that it not delay the decision because the
contractor needs to begin work on the soccer fields as soon as possible.
. Dr. Richard Nollmeyer, resident immediately across Durston Road from the subject
property, stated large block annexation seems to make sense since it allows for better long-
range planning and can reduce the cost per unit for infrastructure improvements. He noted that
the proposed park and soccer fields will be of great benefit to the community and the youth
of the community. He noted that sports seem to provide youth with a better ability to develop
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and mature, and he feels that is an asset to the entire community. He concluded by
encouraging the Commission to annex the subject property, noting that Bozeman will grow in
this area.
Mr. Jeff Krogstad, 323 North 21 st Avenue, stated his support for this application,
stating that it reflects vision. He noted that the proposed infrastructure improvements for
. water, sewer and streets will definitely benefit this entire segment of the community, not just
the 411 acres proposed for annexation, and those improvements are to be made at no cost to
the citizens or the City. He then reviewed some of the concerns forwarded in the staff report,
encouraging the Commission to recognize that the subject property will not be developed
overnight and that the City's wastewater treatment facilities are projected to handle a
continued growth rate of 1.8 percent per year over the next twenty years without any need
for expansion.
Mr. Krogstad stated that the Adam Bronken Memorial Park will provide important
recreational opportunities for the youth in the community. He cautioned that to deny the
requested annexation will result in development outside city limits, which can lead to
. environmental concerns and problems, particularly with the high groundwater in that area.
Mrs. Peggy Metcalfe, 3833 Durston Road, stated she lives across Durston Road from
the proposed Bronken Park. She asked how the park will be maintained and by whom. She
recognized that the park will be a wonderful asset to the community, for both the youth and
the elderly, but she is concerned about how it will be maintained in the future.
Mr. Robert Heebner, 405 Overbrook, asked if the costs and benefits have been
analyzed. He noted that the costs to the developer for extension of the infrastructure have
been estimated, however, he questioned whether the City has analyzed the future costs of
providing service to this area. He noted that other costs include the operational costs of the
park, maintenance of the roads, maintenance of the water and sewer lines, and impacts on
sewer capacity. He stated that costs to serve development as it sprawls out are greater than
. the costs to serve development that is closer to the facilities.
Mr. Heebner noted that the proposed pond seems to be an appealing asset, however,
he questioned what liability the City might incur if it is located in what is dedicated as parkland
and what the associated costs might be. He recognized the benefit of the donated park being
proposed, however, he encouraged the Commission to also weigh the costs involved. He
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concluded by stating that he does not feel it is appropriate for the Commission to turn its back
on this proposed annexation, but he does feel that it is important to consider all of the issues.
Mr. Brian Troth estimated that maintenance of the park will cost $7,200 annually. He
indicated that those involved with development of the park will probably be involved in its
maintenance for the first year or two. After that, he projected that the revenues from the
e users' fees will cover the costs of maintenance and that the City will do the maintenance. He
then stated that he has been informed the soccer fields at MSU will continue to be available
for only a short time, so it is important to find an alternative location as quickly as possible.
Commissioner Youngman stated she has concerns about this annexation, noting it is
the largest annexation requested in the past several years, and possibly the largest ever
considered by the City. She stated that she has a list of questions to which she would like
responses from staff prior to making a decision. She noted that the Planning Board took a
couple of weeks to view the site and think about the issues before making its decision, and she
feels the Commission needs the same opportunity. She noted the concerns raised by Mr.
Heebner and Mrs. Metcalfe should be addressed as well as the fact that a portion of the
requested annexation lies outside the urban growth area.
e Mayor Stueck noted that, under the Commission's rules of procedure, if one
Commissioner requests a delay, that request will be recognized and honored if at all possible.
He then suggested that, since Commissioner Stiff will be absent from the July 21 meeting, the
decision be delayed just one week.
Commissioner Stiff expressed concern that six of the eight property owners are
corporations, and the definition of "corporation" which he learned in business law was "a
person invisible, intangible and existing only in the contemplation of the law". He further noted
that those property owners hold 85 percent of the property for which annexation is being
sought. He noted that the Commission does not know who the people are, where they are,
or their ability to pay $2.3 million in upfront infrastructure improvements. He suggested that
. bankers would not deal with these corporations the way that the corporations are asking the
City to deal with them. He then asked that those involved in the various corporations be
identified so that the City knows with whom it is dealing.
Mr. Kelly Meyers, 46 Riverside Drive, representing 360 Ranch, stated that the various
corporations have been created for tax purposes. He then said that the corporations don't
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finance anything; they pay cash. He indicated a willingness to provide a letter of credit or
assurance in some other manner.
Responding to Commissioner Stiff, Mr. Meyers stated that if those involved in the
corporation were trying to limit their liability, they would have created a limited liability
company instead of a corporation. He then stated that the charters of the corporations, their
. directors, their members and those who hold stock are filed with the Secretary of State.
Responding to Mayor Stueck, Mr. Schunke confirmed that under the applicant's
proposal, approximately $2.3 million in infrastructure improvements would be installed before
subdivision review or financially guaranteed if not completed.
Commissioner Stiff stressed the importance of recognizing the obligation to provide
City services to this property when it is annexed and developed. He noted that he was in a
meeting last week with a group who is ready to annex as large a parcel as is being considered
tonight, and the owner of that property is known. He expressed concern that in this instance,
the City does not know with whom it is dealing, and he feels that is important information that
should be known before the decision is made.
. Mr. Meyers stated he will provide that information to the Commission. He indicated
that, over the last ten years, the corporations have been involved in over $40 million in
development. He then reiterated that, under this proposal, infrastructure is to be installed, not
just financially guaranteed.
Commissioner Stiff acknowledged the benefits of the proposal. He stated, however,
that he does not feel it would be appropriate to tie up City capacity for an indefinite period of
time. He then indicated that he needs more information before making a decision, asking
specifically for a time frame for completion of the improvements.
Responding to questions from Commissioner Rudberg, Mr. Jack Schunke stated that
the west end of the development, around the proposed pond, will be the last to be developed
because the gravel pit will be used in the on-site infrastructure development for the entire site.
. He estimated that in four to six years, the entire parcel will be developed. He noted that under
this application as proposed, improvements to Durston Road are to be completed through the
subdivision review process.
Mr. Steve Kirchhoff, 516 South 6th Avenue, stated he is attempting to understand the
annexation process. He expressed concern that it appears the people who want to develop the
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subject property are planning it, rather than the City planning it. He asked how assurances can
be made that the land being developed needs to be developed. He also asked for assurances
that the area being developed is the most appropriate for development and that it is the
preferred area for such development. He noted that in this instance, the park is being
forwarded as the most important part of the annexation request, and asked the Commission
. to give careful consideration to the entire application.
Mr. Brian Troth stressed that the parkland is being dedicated with no strings attached,
noting that it will be dedicated whether the property is annexed or not. He stated it would be
preferable to have the parkland served by City water and sewer services, rather than seeking
a septic permit.
Responding to Mayor Stueck, Mr. Troth stated that, to maintain the non-profit status
of the park, it must be donated to a governmental entity, and that could either be Gallatin
County or the City of Bozeman. He noted that the County is looking for a park with up to 100
acres in this general area, and this subject site connects with other properties that could be
used to enlarge the area being dedicated at this time. He then stated that, without the
. developer's assistance, the costs of developing the park are too high.
Commissioner Stiff stated it is important for the Commission to know when the
improvements are to be installed and when the park is to be developed.
Responding to Commissioner Frost, Planning Director Epple asked
that the
Commissioners forward any additional questions about this application as soon as possible, so
that staff can respond.
Since there were no Commissioner objections, Mayor Stueck closed the verbal portion
of the public hearing and continued the written portion of the public hearing to 12:00 noon on
Thursday, July 10, 1997. He then requested that the decision on this item be placed on the
July 14 agenda.
. Public hearina - Master Plan Amendment - Morrison-Maierle. Inc.. for 360 Ranch Corooration.
et al. - amend the land use designation from Suburban Residential and Urban Residential to
Urban Residentiallnfill and Commercial on 411 + acres located along the south side of Durston
Road. east of Ferguson Avenue and north of US Highwav 191 (P-9721)
This was the time and place set for the public hearing on a Master Plan Amendment
requested by Morrison-Maierle, Inc., for the 360 Ranch Corporation, et al., under Application
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No. P-9721, to amend the land use designation from "Suburban Residential" and "Urban
Residential" to "Urban Residential Infill" and "Commercial" on 411 :t acres located along the
south side of Durston Road, east of Ferguson Avenue and north of US Highway 191.
Mayor Stueck opened the public hearing.
Planning Director Andy Epple presented the staff report on behalf of Assistant Planning
. Director Debbie Arkel!. He stated that under this application, land use designations of general
commercial and urban residential infill are being sought on the 411 acres considered for
annexation in the previous public hearing. He stated that the City-County Planning Board
conducted its public hearing on this application at its June 17 meeting taking into consideration
the criteria for master plan amendments and the staff's comprehensive findings, as contained
in the written staff report. He noted that, following the close of the public hearing, the Board
delayed its decision for two weeks so they could visit the site. He stated that, at its July 1
meeting, the Board forwarded a recommendation for approval of the requested land use
designations, with the exception that the property adjacent to US Highway 191 be designated
for business park instead of commercial. He stated that this change in land use designation will
. help to ensure that development of the subject property is consistent with all other commercial
development that has occurred along the north side of US Highway 191 from Fowler Avenue
westward.
The Planning Director stated that under this application, the developer has also
requested that the urban growth area boundary and the sewer service area boundary be
expanded to include the entire 411 acres. He noted that staff has recommended the urban
growth area boundary and the sewer service area boundary not be changed, and the Planning
Board concurred in that recommendation. He stressed that annexation of the entire 411 acres
can be considered without changing these boundaries, and staff feels it would be more
appropriate to review the entire urban growth area and the sewer service area instead of
considering individual requests on a piecemeal basis.
. Mr. Jack Schunke, Morrison-Maierle, stated the applicants have sought a commercial
land use designation for the 10 acres along the north side of US Highway 191, immediately
west of the existing JC Billion Auto Plaza, to accommodate development of that area as
another automobile dealership. He then noted that they are willing to accept the business park
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land use designation recommended by staff and the Planning Board since this type of
development can still be accommodated.
Responding to questions from Mayor Stueck, the Planning Director confirmed that a
car dealership can be constructed through the planned unit development process under the
business park land use designation.
e No one was present to speak in opposition to the requested master plan amendment.
Since there were no Commissioner objections, Mayor Stueck closed the verbal portion
of the public hearing and continued the written portion of the public hearing to 12:00 noon on
Thursday, July 10, 1997. He then requested that the decision on this item be placed on the
July 14 agenda.
Public hearina - Zone MaD Amendment - Morrison-Maierle. Inc.. for 360 Ranch COrDoration. et
al. - change the zonina desianations from "R-1". R-O". "R-MH". "B-1". "B_2" and "PLI" to "R-
2". "R-3". "R-MH". "R-O". "B-1". "B_2" and "PLI" on 411 :t acres located alona the south side
of Durston Road. east of Ferauson Avenue and north of US Hiahwav 191 (Z-9741)
This was the time and place set for the public hearing on a Zone Map Amendment, as
requested by Morrison-Maierle, Inc., for 360 Ranch Corporation, et al., under Application No.
. Z-9741, to change the zoning designations from "R-1", Residential--Single-family, Low-density,
R-O", ResidentialnOffice, "R-MH", Residential--Single-family, Mobile
Home, "B-1",
Neighborhood Service, "B-2" Community Business, and "PLI", Public Lands and Institutions,
to "R-2", ResidentialnSingle-family, Medium-density, "R-3", ResidentialnMedium-density,
"R-MH", ResidentialnSingle-family, Mobile Home, "R-O", ResidentialnOffice,
"B-1",
Neighborhood Service, "B-2", Community Business, and "PU", Public Lands and Institutions,
on 411 ::t acres located along the south side of Durston Road, east of Ferguson Avenue and
north of US Highway 191.
Mayor Stueck opened the public hearing.
Planning Director Epple presented the staff report on behalf of Assistant Planning
Director Debbie Arkel!. He stated that the City-County Planning Board conducted its public
. hearing on this application immediately after considering the master plan amendment, as
outlined in the previous agenda item. He stated that, following its public hearing, review of the
twelve criteria for zone map amendments and the comprehensive staff findings, as contained
in the written staff report, the Planning Board concurred in staff's recommendation for approval
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with a change to "BP", Business Park, on the 40 acres west of Cottonwood Road along the
north side of US Highway 191.
Mr. Robert Heebner, 405 Overbrook, asked if the City has a procedure under which
development of this property can be phased. He suggested it may be preferable to ensure
development of the "B-1" zoned area occurs early in the process so that those who move into
. residential areas within the development can be assured of having commercial services
available.
Commissioner Youngman suggested the possibility of requiring a small amount of
"R-4", Residential--High-density, zoning, possibly along the north side of the "BP" Business
Park, zoning. She noted that this would allow for higher density residential development that
would buffer the lower density residential development to the north. She expressed concern
that the community has been losing its inventory of "R-4" zoned land, and much of what has
been zoned "R-4" has been developed at a much lower density.
Mr. Jack Schunke, representing the applicants, stated that a request for "R-4" zoning
was considered, but it was determined the "R-3" zoning may be more appropriate and receive
. more favorable consideration. He recognized that if some "R-4" zoning is included. it will be
easier to provide some more affordable housing opportunities.
Commissioner Youngman noted it is easier to provide "R-4" zoning in an area where
development does not currently exist.
Planning Director Epple noted that under "R-3" zoning, a density of 12 units per acre
is allowed, and under "R-4" zoning, a density of 15 units per acre is allowed. He then noted
that, under the zone code requirements, it is difficult to exceed a density of 12 units per acre.
He suggested that under the "R-3" zoning, the applicant could pursue a planned unit
development, under which the density could be increased.
Since there were no Commissioner objections, Mayor Stueck closed the verbal portion
of the public hearing and continued the written portion of the public hearing to 12:00 noon on
. Thursday, July 1 0, 1997. He then requested that the decision on this item be placed on the
July 14 agenda.
Adjournment - 9:50 p.m.
There being no further business to come before the Commission at this time, it was
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moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
e ~ Q"., / /3-h-~~
ONE. STUECK, Mayor
ATTEST:
~;/k
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
07~O7-97