HomeMy WebLinkAbout1997-06-02 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 2, 1997
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The Commission of the City of Bozeman met in regular session in the Commission Room,
. Municipal Building, June 2, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City
Manager Brey, Staff Attorney Cooper and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes
Mayor Stueck deferred action on the minutes of the meetings of May 12, May 19 and
May 27 to a later date.
. Preliminary plat review for University Condominium Subdivision - Diamond Enterprises. Inc. -
subdivide 3.496 acres known as Tract A. COS No. 573, Section 13, T2S, R5E, MPM into 34
condominium lots ( 1800 block of West KaQV Boulevard) (P-9719)
This was the time and place set for review of the preliminary plat for University
Condominium Subdivision, as requested by Bin Chang on behalf of Diamond Enterprises, Inc.,
under Application No. P-9719, to subdivide 3.496 acres known as Tract A, Certificate of
Survey No. 573, located in Section 13, Township 2 South, Range 5 East, Montana Principal
Meridian, into 34 condominium lots. The subject is more commonly located in the 1800 block
of West Kagy Boulevard.
Senior Planner Dave Skelton presented the staff report. He reminded the Commission
that the 34 dwelling units were previously approved under a major site plan for apartments.
. Under this application, those units will be converted from apartments to condominium units.
He then noted that, in light of a City Attorney's recent opinion that condominiums not part of
a subdivision prior to 1973 are not exempt from the Montana Subdivision and Platting Act. He
stressed that this preliminary plat does not create lots and it will not be filed at the Gallatin
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County Clerk and Recorder's Office, even though the application is reviewed in light of the six
criteria contained in State statutes.
The Senior Planner stated that the applicant has requested a waiver of the Community
Impact Statement and the Environmental Impact Statement. Both the Planning staff and the
Planning Board have recommended approval of that request since the 1990 Bozeman Area
. Master Plan Update contains that information. He also stated that, in conjunction with this
application, the applicant is requesting approval for a local private street, which was previously
approved as a part of the major site plan for apartments.
Senior Planner Skelton highlighted staff's findings as a result of reviewing this application
in light of the six criteria contained in the Montana Subdivision and Platting Act, noting that the
comprehensive findings are contained in the written staff report which was previously
distributed to the Commission. He stated that, as a result of that review, staff has requested
assurances be provided to ensure that any potential downstream owners of water rights will
not be negatively impacted, He noted that, in light of the conversion from apartments to
condominium units, open space requirements must be addressed. He stated that 30 percent
. of the area must be maintained in open space, 50 percent of which must be in common open
space. He stated that the plan for this development includes double-car garages with space
for stacking two more spaces in front of those garages, which exceeds off-street parking
requirements. He further noted that the applicant has proposed an area with three off-street
parking spaces essentially in the center of the project. He noted that staff has recommended
these parking spaces, which are adjacent to the emergency access easement, be eliminated and
that the area be converted to common open space.
Senior Planner Skelton stated that the annexation of the Northwood Land and Livestock
property, which is adjacent to this property, is nearing completion but has been delayed
because of some language changes required in the annexation agreement. In conjunction with
that annexation, City services are to be provided to that property as well as the property upon
. which this condominium development is located.
The Senior Planner slated that some changes to the by-laws have been identified,
including the need to dedicate the 30-foot-wide public utilities easement and dedication of the
access easement for emergency services. He noted that clarification on maintenance of the
common open space and private streets is also required.
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The Senior Planner stated that, while a couple of the neighbors have asked why this
public hearing was being held, no public testimony has been received to date. He then stated
that the City-County Planning Board held its public hearing on this application at its May 20
meeting. Following that hearing and review of the six criteria and the staff's findings, the
Board concurred in staff/s recommendation for approval, subject to eleven conditions.
. Mr. Bin Chang, applicant, indicated a willingness to respond to questions.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
preliminary plat for University Condominium Subdivision, as requested by Mr. Bin Chang on
behalf of Diamond Enterprises, Inc., under Application No. P-9719, to subdivide 3.496 acres
known as Tract A, Certificate of Survey No. 573, located in Section 13, Township 2 South,
Range 5 East, Montana Principal Meridian, into 34 condominium lots, be approved subject to
the following conditions, and that the requests for waivers of the Community Impact Statement
and the Environmental Impact Statement be approved:
1 . That the final plat conform to the Uniform Standards for Final Subdivision
Plats, including the Certificates of Installation of Improvements, Planning
Director and Governing Body, and be accompanied by all appropriate
documents;
. 2. That the Declaration and
By-Laws for the University Condominium
Homeowners' Association be amended according to the recommendations
provided in the staff report, for review and approval by the Planning Office
prior to final plat approval;
3. That the final plat and homeowner's association documents delineate and
describe those areas prescribed as the thirty percent (30%) open space, and
more specifically those areas to be designated as the fifteen percent (15%)
"common open space" areas for review and approval by the Planning Office
prior to final plat approval;
4. That the applicant identify a name for the private street for submittal to the
City Engineer's Office for review and approval prior to final plat approval by
the Planning Director. In addition, the entire private access and public utility
easement for the condominium development, from Kagy Boulevard to the
north end of the private street and to the west end of the subject property /
shall be filed at Gallatin County Clerk and Recorder's Office prior to final
plat approval and occupancy of any condominium structures;
5. That the Northwood Land and Livestock Annexation be formally adopted by
. the City Commission and that the property owner's residence be connected
to municipal water and sanitary sewer services prior to occupancy of any
condominium units for University Condominiums;
6. That the applicant provide a Landscape Plan prepared by a certified
landscape nurseryperson, containing a landscape legend (with the quantity,
type and installation size), depicting the streetscape, perimeter landscape
and interior landscape areas that will be an exhibit attached to the by-laws
and protective covenants for the homeowner's association, for review and
approval by the Planning Office prior to final plat approval;
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7. A building permit shall be obtained prior to construction of structures and
must be obtained within one (1) year of final plat approval;
8. Within sixty (60) days of final completion of all site work, the applicant's
licensed architect or engineer overseeing the project shall certify to the City-
County Planning Office that all improvements have been completed in
accordance with the approved final site plan and final plat;
9. If occupancy of anyone condominium structure is to occur prior to installation of
. all on-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 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;
10. That the applicant provide a written narrative stating that the proposed
subdivision will not interfere with any agricultural water user facility and
that no irrigation ditches for downstream water rights currently exist on said
property, for review by the Planning Office prior to final plat approval; and
11 . Prior to occupancy of the first duplex condominium structure the applicant
shall have satisfied the above conditions, and will have applied for and
received final plat approval by the Planning Director.
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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Preliminarv Plat and Conditional Use Permit for Carson Place Townhouses - Lowell Springer for
Don Bockhahn - planned unit development to allow development of subdivision of 1.91-acre
tract for 19-unit townhouse complex and allow one of four townhouse structures to contain
six dwellina units ( 1304 West Babcock Street) (P-9716 and Z~9726)
This was the time and place set for review of preliminary plat and conditional use permit
for Carson Place Townhouses, as requested by Lowell Springer for Don Bockhahn, under
Application No. P-9716 and Z-9726. Under the preliminary plat application, a 1.91-acre tract
located in the East one-half of the Southwest one-quarter of Section 12, Township 2 South,
Range 5 East, Montana Principal Meridian, is to be subdivided into 19 townhouse residential
lots. Under the conditional use permit for planned unit development, the applicant is proposing
the development of 19 townhouse units in four buildings, with one of the buildings to contain
. six dwelling units, thus exceeding the maximum density of five allowed per townhouse
structure by one. The subject property is more commonly located at 1304-1312 West Babcock
Street.
Senior Planner Dave Skelton presented the staff report. He stated that the City-County
Planning Board conducted its public hearings on the preliminary plat and the conditional use
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permit at its May 20 meeting. Following the public hearings and review of the criteria for both
preliminary plats and conditional use permits and the comprehensive staff findings, which are
contained in the written staff report previously distributed to the Commission, the Planning
Board concurred in staff's recommendation for approval of the project.
The Senior Planner noted that, over the past five years, staff has worked with the
. applicant to develop a plan that is better than the plan he originally submitted. He stated that
under this application, nineteen townhouse units are to be created, in four buildings containing
four to six dwelling units each. He noted that this development is to be completed in two
phases. In conjunction with this development, the applicant has proposed the extension of
South 13th Avenue southward from its current terminus to West Babcock Street. Since only
12 feet of the right-of-way width is located on the subject property, the applicant is being
required to obtain a public street and utility easement from the adjacent property owners for
the remaining 48 feet of street width required. He stated that, while the full 37-foot-wide
paved street width and curb, gutter and sidewalk will be required along the west side of the
street, a rolled asphalt curb will be installed on the east side of the street until that property is
. developed.
Senior Planner Skelton stated that the applicant supplied a community impact statement
and an environmental impact statement with his application, and staff has reviewed those
documents and commented on the information provided. He then indicated that staff reviewed
this application in light of the six criteria established by the Montana Legislature for review of
subdivisions and in light of the six criteria for review of conditional use permits and the criteria
for review of planned unit developments as contained in the zone code.
The Senior Planner stated that during review of this application, it was recognized that
the extension of South 13th Avenue to West Babcock Street will enhance the transportation
network system. He concluded by reiterating that the Planning Board has forwarded a
recommendation for approval of this project.
. Mr. Lowell Springer, architect representing the applicant, indicated a willingness to
respond to questions.
Mr. Jarvis Brown, 305 South 13th Avenue, stated his house is the second home south
of the subject property. He asked about how South 13th Avenue is to be extended southward
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to West Babcock Street in phases in conjunction with the development and asked how this
development might impact on-street parking.
Senior Planner Skelton reviewed the phasing of the street improvements as this subject
property develops. He then stated that the plans meet the off-street parking requirements
contained in the zone code. He stressed that, since South 13th Avenue is a public street, on-
. street parking will be allowed.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
preliminary plat, as requested by Lowell Springer for Don Bockhahn, under Application No. P-
9716, to allow the subdivision of a 1.91-acre tract located in the East one-half of the
Southwest one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal
Meridian, into 19 townhouse residential lots, be approved, subject to the following conditions:
1 . A legend of all symbols and line types used shall be provided;
2. Storm Water Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to
remove solids, silt, oils, grease, and other pollutants from the runoff from
the private and public streets and all lots must be provided to and approved
by the City Engineer. The plan shall include grading information of
. sufficient detail that adequate drainage from the site to an approved
destination may be verified. The plan shall also include sufficient spot
elevations, typical stormwater
retention basin details, basin sizing
calculations, and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed
and constructed so as to be conducive to the normal use and maintenance
of the open space.
Site Grading - A detailed Site Grading Plan shall be provided with the
subdivision infrastructure improvement plans. The plan shall include existing
contours, final contours, spot
elevations after street and drainage
improvements have been constructed and drainage flow arrows reflecting
final developed lot grading. The plan must demonstrate that the final plat
grading and final property grading will provide adequate drainage to an
acceptable discharge point without adverse impacts to adjacent properties.
Off-site drainage facilities and drainage easements or other rights of
occupancy shall be provided where necessary for conveyance of drainage
off site;
3. Plans and specifications for water and sewer main extensions, storm sewer
. facilities and the public street, prepared and signed by a professional
engineer (PE) registered in the State of Montana, shall be provided to and
approved by the City Engineer and the Montana Department of Health and
Environmental Sciences. The applicant shall also provide Professional
Engineering services for Construction
Inspection, Post -Construction
Certification, and preparation of mylar Record Drawings. Construction shall
not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a preconstruction conference
has been conducted;
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4. All infrastructure improvements
including 1 ) water and sewer
main
extensions, and 2) public streets, curb and gutter, sidewalks fronting parks,
open space, rear yard frontages or other non-lot frontages and storm
drainage infrastructure improvements shall be installed and initially accepted
by the City of Bozeman, or financially guaranteed (see Section 16.42.030,
Bozeman Municipal Code), prior to filing of the final plat. The financial
guarantee(s) shall be as stipulated in an improvements agreement between
the owner and the City. Said agreement must be signed prior to filing the
final plat. No building permits shall be issued prior to completion and City
. acceptance of the water and sewer infrastructure improvements;
5. The Montana Department of Fish, Wildlife and Parks, SCS, Montana
Department of Health and Environmental Sciences, and Army Corps of
Engineers shall be contacted regarding the proposed project and any
required permits (i.e. 310, 404, Turbidity Exemption, etc.) obtained prior to
final site plan approval;
6. Applicant shall provide and file with the County Clerk and Recorder's office
executed waivers of right to protest creation of SIDs for the following:
a. Street improvements to West Babcock Street including paving,
curb and gutter, sidewalk, and storm drainage facilities.
b. Street improvements to South 13th Avenue including paving,
curb and gutter, sidewalk, and storm drainage facilities;
7. The full extent of the improvements proposed for each phase of the
development shall be clearly indicated on the preliminary plat. The water
main shall be fully looped with Phase I. Adequate storm drainage facilities
must be provided for each phase;
. 8. City standard residential sidewalks shall be constructed on the east side of
the public street frontage of the subject property with Phase I. City
standard concrete curb and gutter shall be installed as part of Phase I on the
west side of South 13th Avenue in the area where it will be full width and
rolled asphalt curbs on the east side of South 13th Avenue. The drive
approaches shall be constructed in accordance with the City's standard
approach i,e. concrete apron, sidewalk section, and drop-curb;
9. The following dedications and/or easements shall be granted to the City of
Bozeman:
a. Prior to filinq of the final plat; A utility and public street
easement for the east 48 feet of South 13th Avenue.
b. With the filing of the final plat; 1) Dedication of the 12 feet of
South 13th Avenue located on the subject property.
2)
Dedication of the 30 feet of West Babcock Street adjacent to
and north of the subject property;
It shall be made clear that no open space is to be located in any public Right
. of Way,
10. The phased construction of South 13th Avenue must be completely and
adequately defined prior to initiation of any construction, South 13th
Avenue shall be paved throughout with Phase I. With Phase I, the south ::=
400 feet shall be constructed to a City Standard 37 feet width, back of
curb to back of curb and the north""" 240 feet shall be 24 feet wide. In the
area where the street is less than standard width, suitable temporary
curbing shall be provided on the east side of South 1 3th. Provisions for
responsibility for maintenance
of said temporary curb shall be
the
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developers. Also in the area where South 13th is less than standard width,
City Standard "No Parking" signs shall be placed on both sides of the street.
The number and format of the signs shall be coordinated with the City Sign
Department. Prior to construction of Phase II, the north 240 feet of South
13th shall be completely reconstructed to a width of 37 feet, back of curb
to back of curb. The north most "'" 195 feet of curb on the west side of
South 13th shall be realigned to City standard location, 11 % feet off
property line, with Phase II.
. South 13th Avenue on the subject property shall be aligned with South
13th Avenue immediately to the south. Water and sewer infrastructure
shall be in the standard City locations;
11 . Typical curb details, typical asphalt paving section detail and right and left
curb line profiles for all phases shall be provided to and approved by the
City Engineer;
12. Until South 13th Avenue is built to a full City standard street all the way to
West Babcock Street the City Street Department will not be providing snow
plowing services;
13. The applicant shall address storm drainage for Phase I at the corner of
South 13th Avenue and West Babcock Street. A plan for the storm
drainage system including intakes and piping shall be approved by the City
Engineer's Office prior to final site plan approval;
14. All asphalt sections for Phases I and II shall be approved by the City
Engineer's Office prior to final site plan approval;
15. The location of and distinction between existing and proposed sewer and
. water mains and easements shall be clearly depicted, as well as nearby fire
hydrants and proposed fire hydrants. The existing main location as drawn
on South 13th does not appear to be correct;
16. Sewer and water services as shown are not acceptable. Location of stubs
will be reviewed during plan review;
17. Water main will require full loop from Babcock to existing main in South
13th with Phase I;
18. No structures will be permitted in the sewer easement;
19. All weather roadway and access easements will be required to all manholes;
20. Project infrastructure phasing, including all utility and street planting, shall
be clearly defined. Water main and services will not be permitted to be
installed in phases;
21. That the protective covenants for the homeowners' association be amended
to address issues pertaining to assessment and maintenance of common
open space, landscape areas, streetscape, snow removal, sidewalks,
. retention ponds, outside storage areas, fences, etc., for review and approval
by the Planning Office prior to final plat approval;
22. That the applicant consider the design of a stormwater drainage runoff plan
that establishes multiple retention ponds in the common open space areas,
in lieu of one large retention pond along West Babcock Street, and that all
retention ponds will not have a side slope to exceed 1:4 with a maximum
depth of not more than one (1) foot in depth, and that it be noted
accordingly on a site drainage plan for review and approval by the City
Engineer's office prior to final plat approval;
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23. That all references to "Carson Place Townhouse Subdivision" must include
reference to the development being a "planned unit development";
24. That the final plat shall comply with Section 16.10.030 of the Bozeman
Municipal Code, 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 fjnal plat must be
submitted for final plat approval, along with a digital copy of the final plat,
on a double sided, high density 3 Y2 -inch floppy disk;
. 25. That the developer shall have three (31 years from the date of preliminary
plat approval to complete the conditions of preliminary plat approval and
apply for final plat approval for Phase I and Phase II; and
26. That the applicant submit with the application for final plat review and
approval of Carson Place Townhouses a written narrative stating how each
of the conditions of preliminary plat approval has 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.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
conditional use permit for planned unit development, as requested by Lowell Springer for Don
Bockhahn, under Application No. 2-9726, to allow the development of 19 townhouse units in
. four buildings, with one of the buildings to contain six dwelling units, thus exceeding the
maximum density of five allowed per townhouse structure by one, be approved, subject to the
following conditions:
1 . That the applicant provide additional landscaping in the common open space
areas that contain a mix of coniferous and deciduous trees for review and
approval by the Planning Office prior to final site plan approval;
2. That the boulevard streetscape be continued to the south boundary of said
property and that the applicant ensure that the location of the sanitary
sewer and water service lines will not conflict with the formal arrangement
of boulevard trees along South 13th Avenue, and that the site plan be
revised accordingly prior to final site plan approval;
3. That the applicant provide a screening device along adjacent residential
properties that is consistent and/or compatible with existing fencing
constructed by adjacent properties and that a typical screening detail be
provided prior to final site plan approval;
. 4. That the applicant provide a typical detail on the site plan verifying the
construction of a patio area at the rear of each townhouse unit that also
includes the screening device proposed between each unit, if any, for
review and approval prior to final site plan approval;
5. That the applicant construct covered entryways on each of the townhouse
units facing onto South 13th Avenue using
two different entryway
elevations, and that a typical detail be provided on the site plan for review
and approval prior to final site plan approval;
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6. That yard lights be installed along the street frontage of South 13th Avenue
and that a typical detail and location of the fixtures be provided on the site
plan for review and approval prior to final site plan approval;
7. That the applicant provide a typical color palette for the townhouse
development that is also verified on the exterior building elevations, which
discourages the use of bright, obtrusive colors, for review and approval prior
to final site plan approval;
. 8. That the applicant relocate the common open space area located at the
south end of the subject property to north of the six-unit townhouse
structure such that it is located adjacent to the thirty (30) foot wide utility
easement, that a minimum fifteen (15) foot side yard setback be established
between the six-plex structure and the south property line, and that it be
noted accordingly on the landscape site plan prior to final site plan approval;
9. That the applicant confirm on the landscape site plan that the location of
water and sanitary sewer service stubs will not conflict with the location of
the boulevard streetscape trees along South 13th Avenue, and that it be
reviewed and approved by the Planning Office prior to final site plan
approval;
10. That the applicant obtain a building permit within one (1) year of receiving
a Certificate of Appropriateness and major site plan review approval, and
prior to proceeding with construction of the project;
11 . A boulevard planting detail shall be provided and must comply with the
Engineering Department standards. Root barrier material should be used.
No plantings shall be allowed in the typical sidewalk location;
. 12. That the applicant submit to the Planning Office documentation of an
agreement with the adjacent property owner to the east to relocate the
garbage refuse area and mailboxes for the mobile home park to another
location on said property, or that the applicant provide another alternative
to relocate said structures outside of the pUblic street and utility easement
for the extension of South 13th Avenue to West Babcock Street, prior to
final site plan approval;
13. That eight (8) copies of the final site plan containing all of the conditions,
corrections and modifications approved by the Bozeman City-County
Planning Board shall be submitted for review and approval by the Planning
Director within six (6) months of the date of Planning Board approval. A
copy of the approved final site plan shall be forwarded to the Building,
Street/Sanitationt WaterlSewert Engineering, and Fire Departments by the
Planning Office; and one copy shall be retained in the Planning Office file;
14. That 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 estimatest construction plans
and methods of security shall be made a part of that Agreement;
. 15. That a building permit must be obtained prior to the workt and must be
obtained within one year of final site plan approval. Building permits will
not be issued until the final site plan is approved. Minor site surface
preparation and normal maintenance shall be allowed prior to submittal and
approval of the tinal site plan, including excavation and footing preparationt
but NO CONCRETE MAYBE POURED UNTIL A BUILDING PERMIT IS
OBTAINED;
16. It occupancy of any structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be
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secured by a method of security equal to one and one-half times the
amount of the estimated cost of 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; and
17. That the applicant upon submitting the final site plan for approval by the
Planning Director and prior to issuance of a building permit shall submit a
. written narrative outlining how each of the above conditions of approval
have been satisfied.
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.
Staff reauest for revocation of Kennel license issued to Grace Yost. 705 North Grand Avenue
Included in the Commissioners' packets were a letter from Animal Control Officer Connie
Lien, dated May 19; a copy of a letter from the Animal Control Officer to Ms. Yost, dated May
27; and a copy of the investigation report on the recent dog bite incident involving one of the
dogs at the subject location.
. Ms. Connie Lien, Animal Control Officer, stated she has worked with Ms. Grace Yost and
her kennel since 1980. Over the years, when she has approached Ms. Yost about problems
on her site, the applicant has typically been willing to address the issues, typically on a
temporary basis, and the complaints from neighbors have continued. She stated that, recently,
problems have reached new heights, with one of the dogs biting a woman on May 15. She
noted that this same animal also bit another person, and that incident came to light after the
recent bite situation.
Animal Control Officer Lien stated she is requesting revocation of this kennel license
because the problems have not stopped. She noted that a fence has not been erected, the yard
is not properly maintained, there are too many dogs on the site, and she questioned whether
the household is able to take proper care of the animals. She stated that revocation of the
. kennel license will mean that no more than two dogs over six months old will be allowed at this
site. She cautioned that the Commission may not select which dogs will be removed from the
site; and the dog bite incident is currently pending in City Court.
Acting City Manager Brey cautioned that, since the specific incident involving the dog
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bite is a matter in City Court; that issue, therefore, may not be discussed during this
consideration.
Responding to Commissioner Rudberg, Animal Control Officer Lien stated that, as of
today, no fence is under construction. She stated that the yard has been cleaned and the dogs
have not been outside for several days. She noted that the dog involved in the dog bite
. incident has just completed its quarantine period and looks healthy.
Further responding to Commissioner Rudberg, the Animal Control Officer stressed that
only revocation of the kennel license is under consideration today; revocation of a dog license
and possible removal of the nuisance dog from the site are issues to be addressed under
different processes.
Ms. Grace Yost stated she will try to keep the dogs inside the house, so they do not
create any problems for the neighbors. She noted that, for quite a while, the dogs have been
out of the house only on a leash. She stated that the dogs do bark inside the house when
other dogs are outside or when someone passes by, and when one dog begins to bark, they
all bark. She stated that the dogs are taken out one at a time, or sometimes two of the small
. dogs are taken out together. She noted that, while she may take the small dogs outside, she
does not take the larger dogs out. She stated that she has tried to cooperate with the
neighbors and keep her dogs from bothering them as much as possible.
Responding to Commissioner Rudberg, Ms. Yost stated that her nephew, who owns
Bullet, is the one who takes him outside.
Further responding to Commissioner Rudberg, Ms. Yost stated she currently has five
dogs at the house. She noted that when her niece moves out, one of the dogs will go with
her.
Commissioner Rudberg stated her support for revocation of the kennel license, stressing
that this means no more than two dogs may be maintained at this site. She further noted that
the yard must be maintained and the animals cared for, noting that if they are not, she will vote
. to revoke the pet licenses as well.
Ms. Kathy Meade, 410 South Church Avenue, stated she is the bite victim is her mother.
She noted that she received a telephone call indicating that the woman who had Bullet out
when her mother was bitten was seen with the dog out on a leash, unmuzzled, as recently as
Saturday.
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Ms. Yost reiterated that she does not take Bullet out, and she has not taken Pepper out
for a long time, except in the yard. She then stated she has problems with one neighbor, who
has complained about the condition of her yard and his yard, and she does not take the dogs
near his property any more.
Commissioner Frost expressed his concern that this situation has reached this point. He
. stressed that being an animal owner is a big responsibility. He then stated he will support
revocation of the kennel license.
Commissioner Youngman stated that dealing with problems over the past seventeen
years is "about 161,12 years too many". She stressed that the love of dogs must be
accompanied by cleanliness and safety for the neighborhood. She then stated her support for
revocation of the kennel license.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that,
because the standards for issuance of a kennel license are not currently being met, the kennel
license issued to Grace Yost, 705 North Grand Avenue, be revoked, with the deadline for
-- removal of all excess dogs being thirty days from today. 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.
Reoort on worl< done on "Main Street to the Mountains" trail network - Chris Boyd. Gallatin
Valley land Trust; Proclamation - "Trails Day" - June 7. 1997
Mr. Chris Boyd, Gallatin Valley land Trust, stated his organization, the Rotary Club and
the City have been actively working on the trail system known as "Main Street to the
Mountains" for five or six years. He noted that this program is supported by many
organizations, businesses and volunteers.
Mr. Boyd noted that June 7 is National Trails Day, circulating to the Commissioners a
poster listing the activities that have been planned that day in Bozeman. He stated that this
. is the fifth annual Trails Day in Bozeman, but the first time he has requested official recognition
through a proclamation and the first time a poster has been developed. He stated the main
project scheduled for Saturday is work on the Kagy Connector Trail.
Mr. Boyd stated that, at the present time, there are between ten and twelve miles of
trails in and around the community.
06-02-97
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Responding to Mayor Stueck, Mr. Boyd stated that the trail around the Museum of the
Rockies is now better marked than it has been in the past. He said that, because it deviates
from the railroad right-of-way and does not follow a logical alignment, this trail has not been
very popular.
Commissioner Rudberg aCknowledged Chris Boyd for his good work on the trail system
. and for getting volunteers involved in both the construction and clean-up of those trails.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission concur in the Mayor's proclamation of June 7, 1997 as "Trails Day". 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.
Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
Information" items.
. (11 Letter from Valerie Harms, dated May 26, encouraging protection of critical lands
and wildlife.
(2) Letter from Floy Cysewski, encouraging an alternative route for the Pride! parade.
(3) Letter from Anne Banks, Recreation and Parks Advisory Board, dated May 26,
reminding the Commission of the agreement between representatives of the Cemetery Board,
Recreation and Parks Advisory Board, City staff and City Commission regarding fencing around
the cemetery.
(4) Letter from Cleo Bishop-Butler, 209 North 3rd Avenue, dated May 30, encouraging
that a fence not be constructed around the cemetery.
(5) Minutes from the Montana Transportation Commission meeting held on March 19
and 20, 1997, in Helena, Montana, the telephone meeting held on April 8, 1997 and the
. telephone meeting held on May 6, 1997.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, June 3, in the Commission Room.
(7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
June 3, 1997, at the Courthouse.
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(8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, June 3, in the Commission Room.
(9) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday,
June 5, in the Commission Room.
(10) Agenda for the joint meeting of the Gallatin County Commission and the Madison
. County Commission, to be held at 10:00 a.m. on Monday, June 9, at Buck's T-4.
(11 ) The Acting City Manager submitted the following. (1) Reviewed the agenda for
next week's work session, noting there are several items included on that agenda. (2)
Announced that the District 10 meeting for the Montana League of Cities and Towns is
scheduled for 3:00 p.m. on Wednesday, June 11, in the Commission Room, and encouraged
all Commissioners to attend. (3) Announced that 9-1-1 equipment vendors will demonstrate
their products at 10: 15 a .m. on Thursday, June 10, in the Community
Room at the
Courthouse. (4) Stated that current flood information is being widely distributed through
various methods. He noted that an information line has been established at 582-3175, with
that information being updated as changes in conditions occur.
. (12) Commissioner Rudberg submitted the following. (1) Stated that a review of the
minutes from the Montana Transportation Commission meetings reveal the horror stories
incurred by other communities around the state. (2) Attended the Victim/Witness meeting last
week. She noted that there were 40 new victims in April, including crimes against children,
stalking, criminal endangerment, assault and domestic violence. She then stated that the State
has indicated there will be no reduction in the grant monies for this program for the next fiscal
year. (3) Announced that she will travel to Huntsville, Alabama, with the Chamber of
Commerce on June 27 through July 2, to encourage the Wally Byam Caravan Club International
to return to Bozeman for their rally. (4) Attended the Leadership Bozeman graduation. (5)
Attended the Downtown Bozeman Improvement District Board meeting this morning. She
distributed to the Commissioners the information she had gathered at that meeting. (6)
. Attended the Design Review Board meeting last week. (7) Viewed the sewer lines at 5:00 a.m.
with the consultant. (8) Attended the Gallatin Development Corporation luncheon meeting
today. (9) Stated she has received a number of calls about dogs. She then indicated that she
talked to Cindy Younkin about getting a task force to identify ways to educate the public on
pet ownership, in an effort to alleviate some of the problems.
06-02-97
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(13) Commissioner Stueck announced that he was out of town for part of the week,
and came back to Bozeman knowing this is the best community in the state.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
. Commission Resolution No. 3175 - approving the application of Lattice Materials
Corporation, for tax reduction under Section 15-24-1401 , et sea. , Montana
Code Annotated. and City of Bozeman Commission Resolution No. 2660
COMMISSION RESOLUTION NO. 3175
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE APPLICATION OF
LATTICE MA TERIALS
CORPORATION FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEa.,
MONTANA CODE ANNOTATED, AND CITY OF BOZEMAN COMMISSION
RESOLUTION NO. 2660.
Commission Resolution No. 3176 - approving the application of Color World of
Montana, Inc., for tax reduction under Section 15-24-1401 , et sea. ,
Montana Code Annotated, and City of Bozeman Commission Resolution No.
2660
COMMISSION RESOLUTION NO. 3176
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, APPROVING THE APPLICATION OF COLOR WORLD OF MONTANA,
INC., FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEa.. MONTANA
CODE ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION NO.
2660.
Commission Resolution No. 3177 - establishing public hearing on application from
Westlake Building Partnership for tax reduction for expanding business for
July 7, 1997
COMMISSION RESOLUTION NO. 3177
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE APPlICA TION OF
WESTLAKE BUILDING
PARTNERSHIP FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEa.,
MONTANA CODE ANNOTATED. AND CITY OF BOZEMAN COMMISSION
RESOLUTION NO. 2660.
Commission Resolution No. 3178 - establishina public hearing on application from
Midwest Industries, Inc., for expanding business for July 7 , 1997
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 SEa., MONTANA CODE
ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660.
Acknowledge receiPt of staff report - annexation of 411 ::!: acres located along the
south side of Durston Road, west of FerQuson Avenue and north of US
Highway 191 (Valley West Annexation) (A-9701)
06-02-97
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Commission Resolution No. 3180 N intent to annex 411 :t acres located along the
south side of Durston Road, west of Ferauson Avenue and north of US
Highway 191; set public hearina for July 7, 1997 (A-9701)
COMMISSION RESOLUTION NO. 3180
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABIT ANTS THEREOF AND THE INHABIT ANTS 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.
Commission Resolution No. 3182 - intent to vacate 16-foot by 150-foot strip of
North Ida Avenue adiacent to Block 1, Rouse's First Addition (East Lamme
Street south to alley); set pUblic hearina for June 16, 1997
COMMISSION RESOLUTION NO. 3182
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
VACATE AND ABANDON THAT 16-FOOT-WIDE BY 150-FOOT-LONG PORTION
OF NORTH IDA AVENUE LYING BETWEEN LOT 15, BLOCK I, ROUSE'S
ADDITION, AND LOT 1, BLOCK 32, NORTHERN PACIFIC ADDITION, AND MORE
PARTICULARL Y LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF EAST
LAMME STREET AND THE NORTH RIGHT-OF-WAY LINE OF THE EAST/WEST
ALLEY TO THE SOUTH IN THE CITY OF BOZEMAN, MONTANA.
Commission Resolution No. 3183 - annexina 161.95:t acres described as Tract
. C-1A, COS No. 1979, and Tracts C-2. 0-1 and 0-2, COS No. 1827. located
in Section 35, T1 S, R5E, MPM (wt;!st of N.19th Avenue. between Valley
Center Road and Baxter Lane)
COMMISSION RESOLUTION NO. 3183
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS
TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A
TRACT OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS THE
GALLATIN CENTER ANNEXATION (AND FORMERL Y REFERRED TO AS THE GRAF
ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED.
Authorize Acting City Manager to sign - Annexation Aareement with Eugene Graf
III. and Yvonne G. Jarrett. aeneral partners of Gallatin Center Ltd.
Partnership ~ 161.95 + acres described as Tract C-1 A, COS No. 1979, and
Tracts C-2, 0-1 and 0-2, COS No. 1827, located in Section 35. T1 S, R5E,
MPM (west of North 19th Avenue, between Vallev Center Road and Baxter
Lane)
Award bid - Highland Boulevard bil<e/pedestrian pathway - JTL Group. Belgrade,
. Montana - in the total bid amount of $103,651.00; contingent upon
approval from MOoT
Authorize Mayor sian - City Construction Aareement vyith Montana Department
of Transportation - for the North 19th Visitors Center: continaent upon
revision of aareement per memo from City Attorney dated May 28
Authorize Acting City Manager to sian - Public Street and Utility Easement -
Thomas R. and Rhonda J. Simkins - Lot 26, Graf's Second Subdivision (for
cul-de-sac for O'Connell Drive)
06-02-97
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Authorize Acting City Manaaer to sign - Road and Utility Easement - Kountz Trailer
Kourt, LLP - 50~foot-wide easement alona the east boundary of mobile
home park for southward extension of Ferquson Avenue
Authorize Mayor to sign - Findinas of Fact and Order - North Meadows
Subdivision, Phase I - subdivide 15.889 acres located alona the south side
of Durston Road, immediately west of Greenway Subdivision, into 19 lots
for multi-family use and 1 lot for commercial development
. Authorize Mayor to sian Findings of Fact and Order - Bozeman Interfaith Housina,
II - subdivide 9.764 acres located alona south side of 3000 block of West
Babcocl< Street into four lots for residential development and a church site
Acknowledae receiPt of request for creation of Special Improvement Maintenance
District - park in Babcock Meadows Subdivision; refer to staff
Concur in Recreation and Parl<s Advisory Board recommendation to name trails
along SourdouQh Ridge the" Simkins Spur Trail", the "Wortman Spur Trail",
and the" Langohr Spur Trail"
Acknowledae receiPt of City Man1iller's recommendations for budget for Fiscal
Year 1997-1998
Reauest for permission to close Main Street for Taste of Bozeman - Wednesday,
July 30,1997,5:30 to 11:00 p.m.; authorize waiver of open container
ordinance from 7:00 to 9:00 p.m. for seated guests only
Claims
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.
Executive Session re selection of City Manaaer
At 4:30 p.m., Mayor Stueck announced that, pursuant to Section 2-3-203(3), M.C.A.,
the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has
determined that the right to privacy clearly exceeds the merits of public disclosure. He noted
that a level of confidentiality has been identified in the process of selecting a new City
. Manager, at least until the final round. He then called an executive session for the purpose of
considering the applications remaining in the pool that have not yet been selected for the
finalist round.
At 5:10 p.m., Mayor Stueck closed the executive session and reconvened the open
meeting.
06-02-97
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Presentation of Third Annual Historic Preservation Excellence Awards
Historic Preservation Officer Derek Strahn reminded the Commission that this is Historic
Preservation Week, and distributed copies of the flyer showing the events for the week. He
noted that it includes lectures and walking tours. He then introduced the members of the
Historic Preservation Advisory Board who are present at this meeting, including Dick Shanahan,
. Linda Bell, Mara-Gai Katz, Jim Webster, Anna Lee Purdy and Margaret Caven Heisick.
The Historic Preservation Officer identified the three main reasons that these awards are
given: (1) to give credit where credit is due, particularly in light of the tremendous amount of
work involved in restoring and enhancing properties and the historic fabric of the area; (2) to
educate the public, not only about what is happening, but to draw attention to how this
restoration and rehabilitation changes the community; and (3) to inspire others to take similar
actions.
Historic Preservation Officer Strahn stated that this program has gathered additional
support since its inception two years ago. He noted that the first year, individuals on the Board
nominated projects for the awards; last year, a few nominations were received from the public
. in addition to the nominations from the Board; and this year, there were 44 nominations, many
of which were duplicates or triplicates. He stressed that these preservation activities help to
protect our heritage, increase civic awareness, increase property values and increase the quality
of life in the community. He stated studies reveal that crime, including vandalism, is lower in
historic neighborhoods.
Historic Preservation Officer Strahn presented a slide show of those structures for which
the third annual Historic Preservation Excellence Awards are being presented, reviewing the
projects and listing the people who have been involved in them. Following that slide show, he
read the names and representatives of the Historic Preservation Advisory Board made the
awards, as follows:
Adaptive Re-use Pine Corner Antiques Conversion from residential
to
. Adaptive Re-use 122 West Lamme Street antique store
Liquid 360 Conversion from Montana Travel
209 South Willson Avenue office to restaurant/coffee house
with historically appropriate interior
Commercial Tom Nygard Rehabilitation of front facades
Restoration 129 East Main Street and
1 31 East Ma in Street
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Commercial Ellen Theatre Rehabilitation
of front facade
Restoration 17 West Main Street
Compatible New Tom and Bridgette Garnsey New garage that is compatible with
Construction 317 North Bozeman Avenue house and neighborhood
Compatible New Goetz, Madden and Dunn Law Addition to existing structure that
Construction Office
blends well with old portion
33 North Grand Avenue
. Compatible New Mary Please and Dennis
Construction of new garage in an
Construction Noteboom historically sensitive
manner
511 South Grand Avenue
Residential Jim and Valerie Webster Construction of
large two-story
Reha bil itation 311 South 3rd Avenue addition in an historically sensitive
manner
Residential Susan and Thomas Hainsworth Construction of rear addition in an
Rehabilitation 216 South 3rd Avenue historically sensitive manner
Residential Thomas Crawford Removal
of asbestos siding and
Restoration 436 South Tracy Avenue restoration of original lap siding and
other
exterior improvements
Residential Laura Smith Removal
of asbestos siding and
Restoration 423 North Tracy Avenue restoration of lap siding and other
exterior
improvements
Long- Term Kenneth Spieth Painting,
yard work and minor
Maintenance 209 East Lamme Street and repairs
204 North Bozeman Avenue
. Long-Term Lehrkind Mansion Painting, yard work, minor repairs
Maintenance 719 North Wallace Avenue and interior improvements
Individual/ Richard Teer Work on several
projects in the
Organization Intermountain Restoration community, particularly
In the
downtown
area
Individual/ Wes Myers Individual
who promoted the
Organization P
rese rvation of the history and
ambience
of the Ellen Theatre
Exterior Ron and Judy Hess Removal
of asbestos siding and
Enhancement 303 South 3rd Avenue painting
Exterior George and Deborah Haynes Painting and nice fence
Enhancement 521 South 6th Avenue
"From the Steve and Rachel Wallace Renovation of house which, at one
Ground Up" 401 South Willson Avenue point appeared
destined for
demolition.
Work has ranged from
restoration
of the foundation to the
. roof.
Mayor Stueck congratulated those who have received the awards and thanked the
Historic Preservation Advisory Board for their recognition of these projects and individuals.
06-02~97
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Recess - 5:40 p.m.
Mayor Stueck declared a recess at 5:40 p.m., to reconvene at 7;00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
. Mayor Stueck reconvened the meeting at 7;00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearinQ - COA with deviation from Section 18.65.050.C. to allow installation of 32p
square-foot freestanding sign, which exceeds the allowable square footage of 28 square feet
bv 4 square feet on Tract 11, Durston Subdivision. Tom's Floorina Store, 517 North 7th
Avenue (Z~9740)
This was the time and place set for the public hearing on the request for a Certificate of
Appropriateness with deviation from Section 18.65.050.C. of the Bozeman Municipal Code,
as requested by Tom's Flooring Store, under Application No. Z-9740, to allow the installation
of a freestanding sign which exceeds the allowable square footage of 28 square feet by 4
square feet on Tract 11, Durston Subdivision. The subject property is more commonly located
. at 517 North 7th Avenue.
Mayor Stueck opened the public hearing.
Project Planner Christopher Williams presented the staff report. He stated that Tom's
Floor Store is located in the rear portion of the building occupied by Bozeman Furniture
(formerly Serv-Ur-Self Furniture). The sign code limits freestanding signs to one per lot, and
one currently exists on the site for the furniture store. He noted that the new freestanding sign
is to be located on the adjacent lot, which was previously occupied by Credit Cars.
The Project Planner stated the subject property is located in the North 7th Avenue
entryway overlay, therefore, a deviation for the size of the sign may be sought. He noted that
the revised sign code, which takes effect on June 22, allows a 32-square-foot sign; however,
. the applicant chose to pursue a deviation under the current code rather than waiting until the
new code takes effect.
The Project Planner noted that, under the design objective plan, signs are to be reviewed
for impact on the mountain views, and staff has determined it will not. He indicated that the
sign will meet setback requirements, since it is to be 15 feet from the front property line and
06-02-97
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8 feet from the side property line, and it will be 13 feet high. He stated that, in conjunction
with the sign, the applicant proposes to provide 128 square feet of landscaping around the sign
and in front of the entrance to the store.
Project Planner Williams stated that the Design Review Board reviewed this application
at its May 13 meeting. After review of the application and the staff report, the Board
. concurred in the staff's recommendation for approval.
No one was present to speak in support of or in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Certificate of
Appropriateness with deviation from Section
18.65.050.C of the Bozeman Municipal Code, as requested by Tom's Flooring Store, under
Application No. Z-9740, to allow the installation of a freestanding sign which exceeds the
allowable square footage of 28 square feet by 4 square feet on Tract 11, Durston Subdivision,
subject to the following conditions:
1 . Obtain building and sign permits prior to installing the sign.
. 2. Erect the subject sign on the lot south of the property occupied by Tom's
Floor Store, as depicted in the landscape plan.
3. Install 128 square feet of landscaping as depicted.
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.
Public hearing - COA with deviation from Section 18.34.050 to allow structure to encroach 7
feet into required 15~foot setback from allev on Lots 19-24, Block 118, Northern Pacific
Addition - Patricl< & Lisa McMullen for 708 North Rouse Avenue (Z-9747)
This was the time and place set for the public hearing on the request for a Certificate of
Appropriateness with deviation from Section 18.34.050 of the Bozeman Municipal Coder as
. requested by Patrick and Lisa McMullen, under Application No. Z-9747, to allow a structure
to encroach 7 feet into the required 1 5-foot setback from the alley on Lots 19-24, Block 118/
Northern Pacific Addition. The subject site is more commonly known as 708 North Rouse
Avenue.
Mayor Stueck opened the public hearing.
06~02-97
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Assistant Planner Jody Olsen presented the staff report. She stated that, under this
application, a minor site plan has been requested, under which an existing metal building and
concrete pad are to be demolished and a new 5,814-square-foot building for office and
warehouses constructed. A deviation is being sought to allow the new building to encroach
7 feet into the setback along the alley to the north, instead of the required 15~foot setback.
. She stated that the existing 790-square-foot home on the site is to remain and serve as the
caretaker's residence.
The Assistant Planner reviewed the zoning designations and developments surrounding
the subject property, which include a mixture of "M-l" and "R-3a" zoning designations with
residential and commercial uses. She stated the Planning Office has received one letter of
opposition, from the owners of the single-family residence at 801 North Rouse Avenue,
particularly regarding the requested deviation.
The Assistant Planner stated that staff reviewed this application against the criteria
established for review of deviations, and the comprehensive findings are contained in the
written staff report. She noted that the Design Review Board reviewed this application at its
. May 13 meeting and concurred in staff's recommendation for approval, subject to twelve
conditions. She highlighted some of those conditions, pertaining to parking spaces,
landscaping, entrance to the building and possible future expansion of the use.
Mr. Scott Bradley, Bayliss Bradley Architects, stated the deviation is being requested so
that the existing residence may remain on the site and to provide adequate on-street parking
spaces. He noted that Bozeman Creek is located at the northeast corner of the site. He also
noted that the alley on the north side of the site is not a through alley and is, therefore, limited
in its use. He stated that the building to the north encroaches into the 15-foot setback from
the alley, and he feels that this requested deviation is appropriate in light of the existing
development in the immediate area. He then indicated that he has prepared revised plans for
the site, in response to the conditions recommended by staff and the Design Review Board, and
. he intends to submit those plans to the Planning staff tomorrow if the Commission approves
the application as recommended.
Responding to Mayor Stueck, Assistant Planner Olsen confirmed that the alley is not a
through alley and it is not improved. She noted that, at the present time, customers of the
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Meat Shoppe often park in the alley. She then stated that, given the nature of this business,
she feels the on-site parking will be adequate.
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 Youngman, seconded by Commissioner Rudberg, that
. the Commission approve the Certificate of Appropriateness with deviation from Section
18.34.050 of the Bozeman Municipal Code, as requested by Patrick and Lisa McMullen, under
Application No. Z-9747, to allow a structure to encroach 7 feet into the required 15-foot
setback from the alley on Lots 19-24, Block 118, Northern Pacific Addition, subject to the
following conditions:
1 . The applicants shall provide parking spaces along the rear yard instead of
the six (6) parking spaces located in the interior of the parking area. The
parking spaces along the rear yard shall be eighteen (18) feet in length. All
parking spaces on the site shall be delineated with at least four (4) inch
wide striping.
2. If the use of the building is ever changed or expanded, an "Application for
Reuse, Change in Use, or Further Development of a Site" should be
completed. At that time, code requirements such as parking will be re-
evaluated.
. 3. The applicant shall obtain a demolition permit from the Building Department
for the removal of the existing garage structure on the site.
4. A detail for the proposed garbage enclosure, including dimensions and
materials to be used, shall be shown on the final site plan. The garbage
enclosure will be reviewed by ADR staff.
5. The final site plan shall show any mechanical/ventilation equipment that will
be mounted on the roof or on the outside of the building. In addition, a
screening detail for any mechanical/ventilation equipment shall be included.
The screening for this equipment will be reviewed by ADR staff.
6. The location for any site lighting shall be shown, including pole-mounted or
wall-mounted lighting. Lighting standard and fixture details shall also be
shown on the final site plan for any proposed site lighting. Any proposed
site lighting standards and fixtures will be reviewed by ADR staff.
7. The proposal shall obtain a total of twenty-three (23) landscape points. The
applicant shall install additional landscaping in the rear yard in order to
comply with the definition of a "landscaped yard" in the Zoning Ordinance.
. In addition, the north side yard along the alley shall be landscaped in a
manner that would comply with the definition of a "landscaped yard" in the
Zoning Ordinance.
8. The landscaping in the north side yard shall be placed along the north
elevation of the structure concentrating on the west half of the north
elevation to break up the mass.
06-02-97
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9. The parking lot screening installed in the front yard along N. Rouse Avenue
shall include some variety of shrubs to provide a dense screen along the
parking lot.
10. A greater sense of entry shall be made visible from North Rouse Avenue by
adding a porch-like covering over the main entrance to the building.
11 . An accurate and dimensioned detail of any required fire service riser location
inside the building shall be shown on the final site plan.
. 12. An accurate and dimensioned detail of the location for the domestic water
meter on the inside of the building shall be shown on the final site plan.
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.
Public hearing - COA with deviation from Section 18.24.050 to allow addition to existing
sinqle-family residence on lots 11-14, Blocl< 35, Imes Addition, to encroach 17 feet into the
reauired 25-foot front yard setback - Dean DeGidio, 803 North Grand Avenue (2.9729)
This was the time and place set for the public hearing on an application for a Certificate
of Appropriateness with deviation from Section 18.24.050 of the Bozeman Municipal Code,
as requested by Dean DeGidio under Application No. Z-9729, to allow an addition to an existing
. single-family residence on Lots 11 ~ 14, Block 35, Imes Addition, to encroach 17 feet into the
required 25-foot front yard setback. The subject property is more commonly known as 803
North Grand Avenue.
Mayor Stueck opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that the existing
structure encroaches 17 feet into the 25~foot front yard setback from West Aspen Street, and
the requested deviation will allow the addition to be constructed with that same encroachment.
He noted that the proposed two~story addition is to be 28 feet 9 inches by 36 feet 4 inches,
with a total of 2,089 square feet. He stated that the existing picket fence encroaches into the
right-of-way along West Aspen Street, and the Engineering Department is preparing an
. encroachment permit to allow that fence to remain, with the understanding that the fence must
be removed if West Aspen Street is improved.
The Senior Planner stated the subject property is located in the conservation overlay
district. He indicated that this application has been reviewed in light of the criteria established
in the zone code, and the staff's findings are contained in the written staff report. He noted
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that the Design Review Board reviewed this application at its May 13 meeting and determined
that the proposed addition would improve the subject site and the surrounding neighborhood.
The Board then concurred with staff's recommendation for approval, subject to conditions.
Mr. Dean DeGidio, applicant, stated the existing house is a tiny two-bedroom home, and
his family has outgrown it. He then indicated his willingness to accept all of the conditions
. recommended by the Design Review Board.
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 application for a Certificate of Appropriateness with deviation from
Section 18.24.050. of the Bozeman Municipal Code, as requested by Dean DeGidio under
Application No. 2-9729, to allow an addition to an existing single-family residence on Lots 11-
14, Block 35, Imes Addition, to encroach 17 feet into the required 25-foot front yard setback,
subject to the following conditions:
1 . That the applicant confirm on the floor plans and exterior elevations that the
addition will incorporate a relief between the existing
residence and
. proposed addition that contains a minimum offset that is four (4) feet wide
with relief of two (2) feet, for review and approval prior to issuance of a
Certificate of Appropriateness and building permit;
2. That the applicant provide documentation of obtaining an "Encroachment
Permit" from the City Engineer's
Office for the existing fence that
encroaches into the West Aspen Street right-of-way, for review and
approval by the Planning Office prior to issuance of a Certificate of
Appropriateness and building permit to proceed with the project;
3. That the applicant will, with approval of this application for a Certificate of
Appropriateness, commit to installing the window shutters along the south
and east elevations of the addition;
4. That the applicant obtain a building permit within one (1) year of receiving
a Certificate of Appropriateness approval, and prior to proceeding with
construction of the project;
5. That the entrance porch on the east elevation be significantly increased in
both scale and size of members used, subject to review and approval by the
Planning Office prior to issuance of a Certificate of Appropriateness and
. building permit to proceed with the project; and
6. That the siding of the addition be horizontal lap siding, equal to or less than
six inches in width.
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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Public hearinq - Variance from Section 18.50.035.A.2 of the Bozeman Municical Code -
Mulvannv Partnership - allow 3D-foot liaht standards rather than the maximum 20-foot
standards for the Costco site (East Valley Center Road acproximately 600 feet west of North
19th Avenue) (C-9711)
This was the time and place set for the public hearing on a variance from Section
18.50.035.A.2 of the Bozeman Municipal Code, as requested by Mulvanny Partnership, under
. Application No. C-9711, to allow 30-loot high light standards rather than the maximum 20-loot
standards for the Costco site. The subject site is located on East Valley Center Road
approximately 600 feet west of North 19th Avenue.
Mayor Stueck opened the public hearing.
Assistant Planning Director Debbie Arkell distributed copies of a letter from Susan
Nelson, dated May 21, forwarding objections to this requested variance, along with a petition
of opposition signed by seven people. She also noted that the Commission has received a
letter of opposition from Richard and Larilyn Miller and H.G. Swanby, dated May 28, 1997.
She then presented the staff report, a copy of which was included in the Commissioners'
packets. She stated this application has been reviewed in light of the three criteria established
by the Montana Supreme Court and set forth in the zone code,
noting that staff's
. comprehensive findings are contained in the written staff report. She summarized those
findings, noting that the applicant has indicated that the 30-foot high poles will allow for
effective lighting of the site with minimum physical and visual disruption of the parking. She
noted that the code limits the height and illumination to reduce impacts of unwanted light glare
on adjacent property. She stated the applicant has submitted site plans showing the lighting
if 20-foot high poles and 30-foot high poles are used. The site plans show that 43 20-foot
high poles would be required to provide adequate lighting, while adequate lighting could be
provided with 29 light poles. She noted that, by comparison, the WalMart lot contains 61 20-
foot high light poles. She stated the site can be adequately lighted with 20-foot high poles;
therefore, staff does not find this application meets the first criteria. She further noted that the
. 20-loot height restriction has been in place lor the last seven years, and the light lixtures are
available to ensure adequate lighting at that height without unwanted glare on adjacent
properties.
The Assistant Planning Director stated that the applicant has indicated a visual hardship
will be incurred if 20-foot high poles are required, detracting from the excellent design quality
06-02-97
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of the site. She noted that the applicant has funher indicated that, since the landscaping on
the site will grow tall enough to block the light from the light fixtures on 20-foot high poles,
the poles must be placed in the parking lot outside the landscape islands, which could create
problems for vehicles maneuvering around the site and maintenance of the parking lot,
particularly in the winter. She noted that if the 30-foot high poles are approved, the applicant
. indicates that they could be placed within the landscape islands, thus minimizing obstacle
around which vehicles must maneuver. She noted, however, that staff has been unable to
identify any physical hardship due to unique physical characteristics of the site and is,
therefore, unable to support this requested variance.
The Assistant Planning Director stated that a review of the parking lots for large retail
sites constructed since the 20-foot high light pole standard was enacted revealed that the
number of light fixtures within the larger parking lots is not unsightly, and the parking lots do
not appear to be hazardous due to the number or location of poles on site. She then concluded
by stating that staff cannot support the requested variance, based on the findings which have
been forwarded in this report.
. Mr. Darren Pollard, Mulvanny Partnership, reviewed the two site plans showing the
number of lights required with 20-foot high light standards versus the 30~foot high standards
they are requesting. He stressed that this is not a cost issue; rather, it is an issue of
aesthetics. He noted that with the taller poles, they can be located in the landscape islands,
which will make snow removal much easier. Also, he stated that with the taller poles, a "sea
of poles" can be avoided. He stressed the quality site design for the Costco store, noting they
wish to retain the quality of that design by not installing an excessive number of light poles.
Mr. Pollard stated that, with a quality lighting design, light pollution from 30-foot high
light poles can be avoided. He noted that, with cut-off luminaires, light can be directed down.
He stated that, through the use of this type of fixture, glare in the neighborhood can be
alleviated.
. Mr. Pollard once again emphasized that aesthetics and maintenance of the parking lot are
the key issues in requesting this variance. He stated that, with the requested 30-foot high
poles, a visually better project will result. He concluded by encouraging the Commission to
approve this requested variance, stating that he feels that through use of the proper light
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fixtures, the intent of the zone code can be met and surrounding properties protected from
unwanted light glare.
Mr. Mike Reichman, Montana Power Company, stated his support for the requested
variance, stating that the luminaire design is what impacts light pollution. He noted that,
historically, the lighting industry has created problems because of the type of light fixtures
. used, particularly for street lights. He noted that the lighting industry is now responding to
local regulations requiring that light glare be eliminated. He stated that many cities have the
"dark sky laws", under which lighting must be designed with a reflector inside to direct the
light straight down.
Mr. Reichman stated that the light fixtures on the Montana State University campus vary
in height from 20 feet to 40 feet, with most of the light poles being 30 feet in height. He
characterized the 30-foot high light pole as a fairly common standard, noting that it provides
for good light distribution with virtually no light pOllution if the proper fixture is used. He stated
it appears the intent of the 20-foot high pole limitation is to stop light pollution, and he feels
that can be accomplished with a 30-foot pole. He then encouraged approval of this requested
. variance.
Mr. Andy Sheffield, 1109 Thomas Drive, stated he is concerned about approval of this
variance, particularly since it is on the first lot being developed in the Gallatin Center; and he
does not want that standard to continue southward through the development. He stated that,
through the use of 20-foot high light poles and the appropriate light fixtures, residents along
Thomas Drive can be protected from light glare.
Mr. Gene Surber, 1067 Thomas Drive, stated he sees no reason to approve the requested
30-foot high light poles. He encouraged the Commission to not approve this variance.
Mr. Blair McGavin, 1013 Thomas Drive, stated he does not want to look out his bedroom
window at 3D-foot high light poles. He expressed concern that, despite the type of light
fixtures that might be used, at that height, the light will still be visible from his home. He also
. expressed concern about the negative impact that 3D-foot high poles would have on their view
of the Bridgers, and encouraged the Commission to require 20-foot high poles.
Mr. Arnold DeHaan, 1163 Thomas Drive, noted that at MSU, the 3D-foot high light poles
are in a substantially different setting than they would be on the subject property. He stated
that at the University, the lights are essentially surrounded by high rise buildings, which block
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them from the surrounding neighborhood. He stated that, in light of the lower buildings in this
area and the residential development adjacent to the Gallatin Center, the 30-foot high light
poles are inappropriate.
Mr. David Gaworski, 1143 Thomas Drive, stated his opposition to the requested variance
and encouraged Commission denial.
. Responding to Commissioner Frost, Assistant Planning Director Debbie Arkell stated she
cannot recall whether she had spoken directly to Mr. Pollard about the fact that the proposed
light fixtures for this subject property do not meet the zone code requirements pertaining to the
cut-off shield. She assured the Commissioner that this requirement will be met.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Frost stated this application does not meet the criteria for variances as
established by the Montana Supreme Court; therefore, he cannot support it.
Commissioner Youngman stated that some of the Commissioners may feel the 20-foot
high light standard is unnecessarily low; however, she noted this is not the time to address that
issue. She noted that the existing standard has been in place for seven years, and the parking
. lots which have been constructed during this period seem to be adequately lighted. She stated
that, until she drove through the WalMart lot today to specifically look at the light poles, she
had not really noticed them. She concluded by stating this application does not meet the
criteria and that she cannot support it.
Commissioner Stiff stated he received a telephone call from a developer who has
successfully developed some of the nicer properties in Bozeman expressing concern about this
application. He noted that if the Commission wishes to allow 30-foot high light poles, a
different process should be utilized to do so.
Mayor Stueck stated his concurrence with staff's finding that this application does not
meet the criteria established by the Montana Supreme Court. He noted, however, that he is
interested in pursuing the appropriate procedure to consider whether allowing 30-foot high light
. poles would be appropriate.
Commissioner Rudberg recognized that this application will not be approved. She stated
that, given the letter the Commission has received from Montana Power Company, she feels
it is important to consider the light pole height. She stated that with adjustments in the
industry over recent years, an increased pole height may be appropriate.
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It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the variance
from Section 18.50.035.A.2 of the Bozeman Municipal Code, as requested by Mulvanny
Partnership, under Application No. C~9711, to allow 30-foot high light standards rather than
the maximum 20-foot standards for the Costco site, be denied. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost,
. Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Rudberg.
Adiournment - 7:45 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, secGnded 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.
( O~ ~/f~
DON E. STUECK, Mayor
. ATTEST:
(d ;/~
ROBIN L. SULLIVAN
Clerk of the Commission
.
06-02-97
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