HomeMy WebLinkAbout1996-10-21 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 21, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building,
October 21, 1996, at
3:00 p.m. Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman,
City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Stueck asked if any of the Commissioners wished to remove any of the Consent
Items for discussion. City Manager Wysocki
requested that the request for permission to
conduct the Christmas Stroll be removed for discussion.
Minutes ~ November 20, 1995, SeDtember 30 and October 7. 1996
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. minutes of the meetings of November 20, 1995, and September 30 and October 7, 1996, be
approved as submitted. 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.
Decision ~ Zone Code Amendments - comDrehensive amendments to several sections, including
ChaDter 18.65, Bozeman MuniciDal Code, the sign code (Z~9663)
This was the time and place set for the decision on the comprehensive amendments to
Title 18 of the Bozeman Municipal Code, as initiated by the City Commission under Application
No. Z~9663, pertaining to Chapter 18.65, the City's sign code.
Assistant Planner Christopher Williams reminded the Commission that the revised sign
. code contains generally the same provisions as the existing code, except that it contains a
grandfather provision in place of the amortization schedule. He noted that, as a result of
last
week's agenda meeting, it appears the Commission may be interested in delaying a decision
for thirty days, to allow the Mayor an opportunity to further negotiate with some of the
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business owners. He encouraged the Commissioners to consider an even longer timeframe for
those negotiations, suggesting that the decision be delayed for sixty to ninety days.
Responding to questions from Commissioner Frost, the Assistant Planner confirmed that
the new code provisions are essentially the same as the existing code provisions. He further
. confirmed that enforcement of the amortization schedule in the existing code has been held in
abeyance.
Responding to additional questions from Commissioner Frost, City Attorney Luwe stated
that staff is preparing suggested alternative language to the grandfather provision which would
allow for, and actually encourage, business owners to bring their signage more into compliance
with the provisions of the code without requiring full compliance. He stated that either
the
general grandfather provision or the proposed alternative would require the eventual elimination
of all non-conforming signs, but the alternative language could possibly encourage quicker
conformance.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission hold the decision on the comprehensive amendments to the sign code in abeyance
. until the November 18, 1996, meeting. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg
and Mayor Stueck; those voting No being Commissioner Frost.
Decision - variance from Table 18.65.050.8. - Daum Industries for Main Mall - allow no more
than 266 sauare feet of signage cer tenant to be visible from one vantaae Doint - 39.46-acre
tract known as Main Mall Annexation (2825 West Main Street) (C-9512)
This was the time and place set for the decision on the variance from Table
18.65.050.8. of the Bozeman Municipal Code, as requested by Daum Industries for the Main
Mall under Application No. C-9512, to allow no more than 266 square feet of signage per
tenant to be visible from one vantage point. The subject 39.46-acre tract is known as the Main
Mall Annexation and is located at 2825 West Main Street.
. The City Manager reminded the Commission that the public hearing on this application
was held on December 4, 1995; and on December 18, 1995, the Commission voted to table
the decision to July 1, 1996, in anticipation that the zone code amendment pertaining to
signage for malls would have been enacted. At the July 1 meeting, the Commission again
deferred action until the October 7 meeting, in anticipation that the zone code amendment to
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revise the sign code will have been completed. He suggested that, since the sign code has not
yet been revised, it would be appropriate to once again defer action until January 6, 1997, or
until after the amended sign code becomes effective, whichever occurs first.
Assistant Planning Director Debbie Arkell stated that under the proposed sign code
. revisions, large anchor stores in indoor malls would be allowed 300 square feet of signage.
She noted that under this variance application, 266 square feet of signage is proposed per
anchor tenant. She indicated that if the sign code is adopted as proposed, this application
could possibly be withdrawn.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission delay the decision on this application until January 6, 1997, or until after the
amended sign code becomes effective, whichever occurs first. 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.
. Decision . COA with exemPtion from Chapter 18.65. Bozeman Municipal Code. to allow
existing freestanding sign to remain on a portion of NE%. NE%. Section 12. T2S. R5E. MPM.
and Lot 1 and west 15 feet of Lot 2. Rearrangement of Border Tract 13 . Frontier Pies. 302
North 7th Avenue (Z.95143)
This was the time and place set for the decision on the Certificate of Appropriateness
with exemption from Chapter 18.65 of the Bozeman Municipal Code, as requested by Frontier
Pies, under Application No. Z.95143, to allow the existing freestanding sign to remain on a
portion of the northeast one.quarter of the northeast one.quarter of Section 12, Township 2
South, Range 5 East, Montana Principal Meridian, and Lot 1 and the west 15 feet of Lot 2,
Rearrangement of Border Tract 13. The subject site is more commonly located at 302 North
7th Avenue.
City Manager Wysocki reminded the Commission that the public hearing on this
. application was opened at the December 18, 1995, Commission meeting and continued to the
January 8, 1996, Commission meeting at the applicant's request. He further reminded
the
Commission that, following that public hearing, the Commission voted to hold the decision in
abeyance until July 1, 1996, in anticipation that revisions to the sign code would be complete
by that date. At the July 1 meeting, the Commission again deferred action until the October
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7 meeting, in anticipation that the zone code amendment to revise the sign code will have been
completed. He suggested that, since the sign code
has not yet been revised, it would be
appropriate to once again defer action until January 6, 1997, or until after the amended sign
code becomes effective, whichever occurs first.
. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission hold this decision in abeyance until January 6, 1997, or until after the
amended sign code becomes effective, whichever occurs first.
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.
Preliminarv plat review for Babcock Meadows Amended Phase I and Phase 11- Morrison-Maierle.
Inc. - re-subdivide 27.21 acres described as a portion of the SW~. Section 11. T2S. R5E.
MPM. into 55 single-familv lots. 8 multiple-familv lots. and 16 townhouse lots (south side
of
3100 block of West Babcock Street) (P-9636)
This was the time and place set for review of the preliminary plat for Babcock Meadows
Amended Phase I and Phase II, as requested by Morrison-Maierle, Inc., under Application No.
P-9636, to re-subdivide 27.21 acres described as a portion of the Southwest one-quarter of
. Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 55 single-family
lots, 8 multi-family lots and 16 townhouse lots.
The subject property is more commonly
located along the south side of the 3100 block of West Babcock Street.
City Manager Wysocki stated that the applicant has requested that review of the
preliminary plat be conducted in this evening's session, after the public hearing on the variance.
City Attorney Luwe noted that the applicant has indicated a willingness to allow public
comment on the preliminary plat, even though the public hearing has been held before the City-
County Planning Board. He then encouraged the Commission to consider both the variances
and the preliminary plat at the same time, recognizing that doing so will result in efficiencies
for both City staff and the applicant.
. The Commissioners concurred it would be appropriate to move this item to the evening
agenda, after the zoning variance requested in conjunction with the preliminary plat.
Reauest for extension of grace period for impact fees - Candis Dorsch. Bic Sky Familv Trust
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three duplex condominium units at 20. 22 and 24 Graf Street
Ms. Candis Dorsch, Big Sky Family Trust, distributed copies of an information sheet
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entitled Summary of Problems and Concerns, in which she outlined issues pertaining to time,
document and language clarity, and organization/coordination.
Ms. Dorsch reviewed the information contained in her two-page summary, noting that
the project consists of three duplex units, for a total of six condominiums. The
subject
. property is located in Spring Meadows Subdivision, with the units to be constructed at 20, 22
and 24 Graf Street. She indicated that she is attempting to coordinate this project on behalf
of her family, using consultants only when essential. She expressed concern that there is no
check-off list to follow and no coordinator to assist someone new to the process.
She
forwarded her frustration at working with many different City departments and trying to provide
all of the needed information to, and receive feedback from, each of those departments.
Ms. Dorsch stated that City staff members have indicated to her that it is almost
impossible to go through all of the processes and obtain a building permit within six months,
even under the best of circumstances. She noted that the City received an unprecedented
number of applications in March, due to the impending implementation of impact fees, and that
put a strain on staff. She stated that she maintained a notebook of the steps followed during
. this project and the dates of specific events. She recognized that, as
the September 23
deadline for obtaining a building permit without paying impact fees approached, it would not
be possible to meet all of the required steps and, therefore, applied for an extension of the
deadline for this specific project.
Ms. Dorsch highlighted some of the dates during the process, noting that the application
was filed in February and, on March 18, she received a letter from the City stating that the
Development Review Committee had approved the project, subject to 26 conditions. Between
March 18 and May 8, she sought bids from three engineering firms and retained one of those
firms; from May 8 to 26, the engineers worked on the plans; and on May 26, the engineering
firm submitted the plans to the City. On July 16, after a half dozen visits to the Engineering
. Department, the plans were initially reviewed and, six days later, submitted to the State for
review. On August 19, the State returned the plans to the Engineering Department and, on
September 11, she was notified that the plans had been approved. She indicated
that on
September 18, she was
prepared to provide a financial guarantee for infrastructure
improvements not yet installed, including water and sewer; and at that time, she was informed
that a financial guarantee would not be accepted for water and sewer. She stated that left a
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timeframe to obtain construction bids and get the water and sewer services installed prior to
the September 23 deadline which was too short to meet.
Ms. Dorsch stated there were also issues of concern raised during the initial
Development Review Committee meeting which were not included in the list of 26 conditions.
. She noted that one of those issues was a requirement for testing of the soils, which was
addressed in a memo from Building Inspector Kurt Albrecht, a copy of which she did not receive
until last week. She indicated that, after receiving a copy of the memo, she requested that the
engineering firm perform the necessary work, and the results were turned in to the City either
on Friday or today.
Ms. Dorsch expressed concern about the confusion in the language of the letter listing
the 26 conditions to be met. She noted that, at the bottom of the first page, under Condition
No.3, it states, "No building permits will be issued prior to City acceptance of the
infrastructure improvements. All infrastructure improvements including sewer and water main
extensions shall be financially guaranteed or constructed prior to occupancy;" She noted that,
when she approached the Planning Department with a $35,000 cashier's check to financially
. guarantee the improvements, she was informed that it could not be used for water and sewer
services. She noted that staff informed her, rather, that the financial guarantee was to apply
to more modest improvements, such as sidewalks and landscaping.
Commissioner Youngman noted that Condition No. 24 states, in part, "BUILDING
PERMITS WILL BE ISSUED ONLY AFTER COMPLETION AND ACCEPTANCE OF THE WATER
AND SEWER IMPROVEMENTS." She recognized that, given the statement under Condition No.
3, this could lead to confusion.
Responding to City Manager Wysocki, Ms. Dorsch stated that the engineer for this
project is C and H Engineering, and the architect is Jack Ranieri, both of whom have worked
on other private projects within city limits. She noted, in fact, that Mr. Ranieri has been
involved in other projects in the Spring Meadows Subdivision.
. Impact Fee Coordinator Chris Saunders stated the Building Division has requested
authorization to hire a Permit Coordinator, to assist with coordination of the development
processes. He noted that, as soon as the Building Division relocates to the City Hall Annex,
that position should be filled. He indicated that, given current staffing levels and workload, the
City staff members do not typically shepherd projects through the process. He then recognized
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that the process can be confusion to people who do not have experience in it. He suggested,
however, that if confusion arises, a call to the City staff can typically clear it up Quickly.
The Impact Fee Coordinator noted that, included in last week's packets, was a
chronology of the Engineering Department's review process for this project. He suggested that,
. in the information submitted last week, there appeared to be a considerable lag between
approval of the minor site plan and submittal of the plans and specifications, noting that lag
represents 2 % of the 6 months available for obtaining a building permit.
Responding to Mayor Stueck, the Impact Fee Coordinator stated that the applicant
requested the extension of the grace period for impact fees prior to the September 23 deadline.
Responding to the City Manager, Ms. Dorsch stated that the project was well underway
prior to the September 23 deadline. She noted that, until the engineering plans and
specifications were approved, she could not retain anyone to do the work because of the
unknowns. She then recognized that others have been granted extensions of the impact fee
deadline and stated that she feels approval of her request would be appropriate.
Responding to Commissioner Frost, Ms. Dorsch estimated that she received the May 18
. letter within three days of its being mailed. She stated that she did not have an engineer
at
that time, but sought bids from three firms, based on the conditions contained in that letter.
She noted that that process took approximately seven weeks.
Responding to Commissioner Frost, the Impact Fee Coordinator stated that the first
request for extension of the impact fee waiver was for the University Apartments. He noted
that, during review of that project, Questions were raised about whether there was adequate
sewer capacity downstream to accommodate this development, and those Questions resulted
in requiring additional studies. He stated that in this instance, all of the issues were identified
during the Development Review Committee meetings, with no major issues arising later.
Commissioner Frost suggested that, if the bid for engineering for this project was based
. on the 26 conditions of approval, then some poor information was received from those firms
interviewed since some of the critical conditions do not seem to have been addressed. He
indicated that, since it does not appear the City was at fault, he cannot support the request.
Mayor Stueck recognized the confusion that could arise when reading through the
conditions of approval of this project, particularly when looking at Condition Nos. 3 and 24,
even though each one is clearly written when considered by itself.
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Responding to Commissioner Frost. Ms. Dorsch indicated that during the Development
Review Committee review of this project. she was represented by Mr. Jack Ranieri. but she had
no engineering representative. She then expressed concern that Building Inspector Albrecht's
memo was sent to an engineering firm that did not represent her. and she did not receive a
e copy of it until mid-September. She noted that this lack of communication has been a problem
throughout the process, suggesting that copies of all correspondence should have been sent
to her as the coordinator.
Responding to Commissioner Stiff, Ms. Dorsch stated the building permit has not yet
been issued. She noted that, as a result of the soils testing. the plans for the project, including
water and sewer had to be redrawn and resubmitted.
Commissioner Rudberg stated that she attends the weekly Development Review
Committee meetings. and recognizes that the staff very specifically reviews the requirements
for obtaining a building permit. She then noted that it appears from the minutes of the March
12 meeting that Mr. Gaston was, indeed, speaking on behalf of the applicant.
Responding to questions from the Commissioners and comments from Ms. Dorsch,
. Assistant Planning Director Debbie Arkell reminded the Commission that Spring Meadows
Subdivision is a planned unit development. She noted that. while single-family residences may
encounter minimum review requirements, larger projects are reviewed in more detail. She
further noted that this proposal follows the assisted living facility project, which raised staff
awareness and concerns about groundwater in that immediate area.
Responding to City Attorney Luwe, Impact Fee Coordinator Saunders stated that
completion of a soils report is necessary to obtain a building permit. noting that conditions for
issuance of building permits are separate from conditions for zoning applications.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost. that the
request by Candis Dorsch, Big Sky Family Trust. for an extension of the grace period for impact
fees on three duplex condominium units at 20. 22 and 24 Graf Street, be denied.
. Following Commission discussion, the City Attorney suggested that if they wish to see
a copy of the memo from Building Inspector Kurt Albrecht, it would be appropriate to table
action on this item for two weeks.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that action
on this item be tabled until the November 4 meeting. to allow the Commission an opportunity
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to review the correspondence to which the applicant has referred. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner
Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No, none.
. Reauest for extension of 9race Deriod for imDact fees - David MacDonald Construction. Inc. -
four individual build in a Dermits
Impact Fee Coordinator Chris Saunders stated that, included in the Commissioners'
packets, was a memo forwarding Mr. MacDonald's request.
Mr. David MacDonald, applicant, stated he has built homes in the $100,000 to
$125,000 range in Bozeman since 1990, and is currently building in the Greenway Subdivision.
He stated that he had submitted applications and plans for twelve building permits prior to the
March 23 deadline, with the intent of acting on all of them prior to the September 23 deadline.
He noted that, due to problems encountered with his bookkeeper, he lost track of time on the
last four applications and realized that he missed the September 23 deadline about noon on
September 24. He stated that a visit to the Carnegie Building generated no results; rather, staff
. informed him that his only alternative would be to seek an extension from the Commission.
Mr. MacDonald stated that, given the existing housing market and the competition for
homes in the $100,000 to $120,000 range, a $2,000 impact fee cannot be passed along to
the buyer and the profit margin is not large enough to accommodate it. He expressed concern
that builders seems to be moving out to the County, because of impact fees and difficulty in
finding suitable places to build.
Mayor Stueck characterized this as a different situation than the last application, noting
that the only problems seem to be management rather than problems resulting from
requirements by City staff. He noted that, in private practice, if one is a minute
late in
submitting a bid, then the bid is thrown out, and he feels that concept should be used in this
type of situation as well.
. Commissioner Frost stated he cannot support this request, particularly since it does not
appear the City is at fault.
Commissioner Youngman stated that the City set objective standards with a specific
deadline. She recognized that the circumstances were frustrating, however, she does
not
believe they provide the justification for approval of the requested extension.
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission deny the request submitted by Mr. David MacDonald, David MacDonald
Construction, Inc., for extension of the impact fee deadline for building permits for four
residential units. The motion carried by the following Aye and No vote: those voting Aye
being
. Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck;
those voting No being Commissioner Stiff.
Ordinance No. 1431 - Salary Ordinance for Fiscal Year 1996-1997
Previously included in the Commissioners' packets was a copy of Ordinance No. 1431,
as approved by the City Attorney, entitled:
ORDINANCE NO. 1431
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
. the Commission finally adopt Ordinance No. 1431, the salary ordinance for Fiscal Year 1996-
1997. 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.
Ordinance No. 1433 - emergency ordinance chanaina the effective date of Ordinance No.
1428. revisina the oenalties for overtime oarkina violations. from November 3. 1996 to January
1. 1997
Included in the Commissioners' packets wa's a copy of Ordinance No. 1433, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1433
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
. BOZEMAN, MONTANA, CHANGING THE EFFECTIVE DATE OF ORDINANCE NO.
1428, REVISING THE PENAL TIES FOR OVERTIME PARKING VIOLATIONS, FROM
NOVEMBER 3, 1996, TO JANUARY 1. 1997.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission adopt Ordinance No. 1433, an emergency ordinance changing the effective date
of Ordinance No. 1428 from November 3, 1996 to January 1, 1997. The motion carried by
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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.
Reauest for Dermission to close Main Street for Christmas Stroll - Saturdav. December 7.
4:00
to 7:00 D.m.: aDDrove Darade from Emerson Cultural Center to Main Street
. The City Manager reminded the Commission that he had requested this item be removed
from the Consent Items. He stated
that the Street Superintendent has raised concern about
the closure of West Babcock Street for a parade crossing it from the Emerson Cultural Center
to West Main Street, particularly when Main Street is closed for the Christmas Stroll.
He
indicated that he shares those concerns, particularly since even a temporary closure of
West
Babcock Street could result in frayed nerves and motorists cutting through residential
neighborhoods. He suggested that
the Commission approve this request, and allow the
Christmas Stroll Committee to work with City staff to develop an acceptable parade route
that
will eliminate the need for closure of West Babcock Street.
Commissioner Frost noted that the Emerson Cultural Center has served as a good
. gathering place for the children wishing to participate in the parade. He then suggested that
they could leave the Center, crossing South Grand and walking along the sidewalk to South
Willson Avenue, where they could then cross West Babcock Street at the traffic signal.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve closure of Main Street from 4:00 p.m. to 7:00 p.m. on Saturday,
December 7, for the Christmas Stroll; and approve a parade from the Emerson Cultural Center
to Main Street and along Main Street, on a route that does not conflict with vehicular
movement on West Babcock Street.
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.
. Discussion - FYI Items
City Manager Wysocki presented to the
Commission the following "For Your
Information" items.
(1 ) Copy of a draft lease agreement for
rental of a portion of the old D.A.Davidson
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office in the Baltimore Hotel, for office space for the Downtown Business Association and the
Bozeman Business Improvement District.
The City Manager stated that, due to the timing of the Commission meetings, it may be
necessary for the City to sign this agreement, and then seek ratification of that signature.
. (2) Copy of Resolution No. 1996-60, as
adopted by the County Commission on
October 8, regarding increased line fees for emergency communications services.
(3) Copy of the notice published in the newspaper regarding fall leaf clean-up.
(4) Memo, dated October 14, signed by eleven people proposing a multi-pronged
educational approach to dog problems in the community, and encouraging the Commission to
allow dogs under voice control on the trails in Burke Park.
Commissioner Youngman noted there are several good suggestions in this memo which
should be considered. She suggested that a copy be forwarded to Animal Control
Officer
Connie Lien for her review and comments, expressing her interest in cost effective educational
efforts.
(5) Copy of an article in the October 16 edition of the Billings Gazette, regarding
the
. proposed changes in zoning in the county, as proposed in the County Study Commission's
report.
(6) Notice of the Headwaters Cooperative Recycling Project meetings scheduled for
10:00 a.m. and 1 :30 p.m. on Wednesday, October 30, at the Gallatin County Courthouse.
Following discussion, the Commissioners concurred it would be beneficial to have a work
session on these recycling and composting programs in late November.
(7) Copy of a letter, dated October 15, sent to property owners along North 22nd
Avenue between Durston Road and Annie Street, notifying them of the "no parking" zone along
the west side of the street during daytime hours.
(8) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated
. October 21, forwarding a correction regarding the facilities that will be available at Valley Unit
Park this winter.
(9) Petition signed by 27 people encouraging the Commissioners to enforce the sign
code provisions.
(10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, October 22, in the Commission Room.
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(11 ) Agenda for the Design Review Board
meeting to be held at 3:30 p.m. on Tuesday,
October 22, in the Commission Room.
( 12) Agenda for the County Commission meeting
to be held at 1 :30 p.m. on Tuesday,
October 22, at the County Courthouse.
. ( 13) The City Manager distributed copies
of a new map for the Babcock Meadows
project, in preparation for this evening's meeting.
(14) The City Manager submitted his weekly
report, as follows. (1) Noted that City
crews got caught by a snow storm during leaf clean-up once again.
(2) Attended the TCC
meeting last week, at which project updates were given. (31 Attended the 9-1-1 administrative
board meeting last week, at which users and potential users of the dispatch center were
given
an overview of the costs for a new communications system. (4) Attended the Valley Unit Park
dedication last week. (5) Attended the Interagency Breakfast last week. (6) Announced that
the curb on West main Street near North 19th Avenue has been painted. (7) Announced that
the auditors have finished their fieldwork, and the final audit report is expected in 30
to 45
days. (8) Stated that the ladder fire truck was out of service for approximately four days
while
. its wheels were being repaired.
( 15) Commissioner Frost stated that he attended
the Downtown Industrial District
Board meeting last week, at which the lease agr:eement was discussed.
He noted that the
Board also discussed locating the performing arts center in the downtown area, and indicated
that a committee has been formed to work with those who are attempting to make the
performing arts center a reality.
( 16) Commissioner Youngman noted the recent
article in the newspaper encouraging
public comment about the postal service since Bozeman's service has been moved from Butte
to Billings. She noted that many people have
made passing comments to her about mail
service now being slower, and stressed the importance of the City's in-town mail being
. distributed in a timely manner. She suggested that, through dropping its mail in different
boxes, the City could do an informal survey of what seems to work best to ensure the
promptest delivery possible. She proposed that the Commission may wish to take a position
on this issue and send a letter to the Post Master.
( 17) Commissioner Rudberg stated that she
attended several meetings last week,
including the Development Review Committee and the Transportation Coordinating Committee.
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She also attended the Valley Unit Park dedication and the Chamber of Commerce meeting.
( 18) Commissioner Stiff stated that he attended
the Fall Festival at the Senior Center,
which generated between $6,000 and $7,000 for the building expansion.
( 19) Mayor Stueck gave the Commissioners
an update on efforts to get some of the
. larger signs in the community removed. He noted that plans for new signage at the Cats Paw
are being prepared. At the Lewis and Clark Motel, a smaller, lower sign is being considered,
and a number of the extraneous signs on the lot are to be removed. He then indicated that
the
tall sign at Kentucky Fried Chicken is to be replaced with a low-profile sign.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Reauest from Gallatin Vallev
Land Trust for City to Dav $732.00
for
improvements
to trail alona northeast side of new
Hvalite View
Subdivision
Commission Resolution No. 3153 - amendina fees charged for Sunset Hills
Cemetery
. COMMISSION RESOLUTION NO. 3153
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CEMETERY FEES CHARGED FOR THE SUNSET
HILLS CEMETERY.
Authorize City Manager to sh:m - Sewer and Water PiDeline Access Easement and
Agreement - between City and Phyllis
J. Aitken - across Lot 29. Bridger
Creek Subdivision. Phase I
-Appointment of Commissioner Rudbera and Commissioner Stiff to sub-committee
to review Pledaed Securities as of
SeDtember 30. 1996
Reauest for Dermission to connect to City sewer - R.E. and Anita Saunders - Lot
3. Saunders Riverside Acres (27489
Frontaae Road West) - subiect to
conditions in City Enaineer Brawner's
memo dated October 8. 1996
ADDlication for Kennel License - Don Leal. 1127 South Cedarview Drive -
Calendar Year 1996
Authorize City Manager to sign - AcceDtance of Water PiDeline and Access
. Easements and Agreements - from Main
Mall limited PartnershiD and
Estate of Harry Daum - easement for relocated water main along east end
of Main Mall buildina eXDansion
Building InsDection Division report for SeDtember 1996
Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
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persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
. Recess - 4:58 p.m.
Mayor Stueck declared a recess at 4:58 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.
Presentation from Jim and Stacee Cover. CVR Oak/Montana Furniture Galleries
Mr. Jim Cover, owner of CVR Oak/Montana Furniture Galleries, stated that, after twelve
years, he and his wife, Stacee, have sold their business. He noted that in 1990, after a fire
. in their old location, they obtained a Community Development Block Grant loan from the City
to assist in their rebuilding efforts. He stated that, in light of the benefit they have received
from this program, they are repaying the remainder of their loan at this time, with the hope that
another small, new business can receive the same type of benefit.
Jim and Stacee Cover presented a check to Dixie Swenson, Executive Director of the
Gallatin Development Corporation, to payoff the balance of their loan.
Mrs. Dixie Swenson thanked Mr. and Mrs. Cover for their repayment, noting her delight
at being able to assist their business in its rebuilding efforts. She noted that, with the entire
community working together, the rebuilding became possible.
Public hearing - COA with deviation from Section 18.50.160. Bozeman Municioal Code. to
. allow remodelina of front and rear porches of existina structure currently encroachina into the
front yard setback in the conservation overlay district - Kevin Kopp. 312 South Black Avenue
(Z-9689)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with a deviation from Section 18.50.160 of the Bozeman Municipal Code, as
requested by Kevin Kopp, under Application No. Z-9689, to allow remodeling of the front and
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rear porches of an existing structure currently encroaching into the front yard setback
on a 63-
foot by 150-foot tract of land in Lot 2, Block C, Black's Addition. The subject property
is more
commonly located at 312 South Black Avenue.
Mayor Stueck opened the pUblic hearing.
. Associate Planner Dean Patterson presented the staff report. He stated that the existing
house is 17 feet 8 inches from the front property line, rather than the required 25 feet;
therefore, a deviation is required for any modification of the structure.
He stated that under
this application, the non-historic porch columns on the front porch are to be replaced with
more
compatible posts and matching railing.
The rear porch is to be reframed and upgraded to
provide an attractive structure which is habitable on a year round basis.
The Associate Planner stated that staff has reviewed this application and found that it
meets the criteria for consideration of deviations. He noted that, following its review
of the
application, the Design Review Board concurred in staff's recommendation for approval, subject
to the boilerplate condition.
Mr. Kevin Kopp, applicant, stated that the rear porch is currently covered with plywood
. and has single-pane windows. He noted that under this application, the porch is to be
upgraded, making it more attractive; and double-pane windows will be used to replace the
existing single-pane windows, making it more habitable.
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 a deviation from Section
18.50.160 of the Bozeman Municipal Code, as requested by Kevin Kopp, under Application No.
Z-9689, to allow remodeling of the front and rear porches of an existing structure currently
encroaching into the front yard setback on a 63-foot by 150-foot tract of land in Lot 2,
Block
C, Black's Addition, subject to the following condition:
. 1. The applicant shall obtain a building permit within one year of Certificate
of Appropriateness approval, or this approval shall become null and void.
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 Bozeman Municical Code. Section 18.65.040. to
allow new 38.1-sQuare-foot sign to exceed allowable SQuare footage bv 11.1 SQuare feet on
the West 25 feet of Lot 13. Block A. Tracy's Addition - Bozone Co. Inc.. 12 North Willson
Avenue (A-9683)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviation from Section 18.65.040 of the Bozeman Municipal Code, as
. requested by Bozone, Inc., to allow a new 38.1-square-foot sign to exceed the allowable
square footage by 11.1 square feet on the west 25 feet of Lot 13, Block A, Tracy's Addition.
The subject site is more commonly located at 12 North Willson Avenue.
Mayor Stueck opened the public hearing.
Associate Planner Dean Patterson presented the staff report. He stated that staff has
received four letters regarding this application, two in support and two in opposition, and
copies of those letters have been forwarded in the Commissioners' packets. Also distributed
just prior to the meeting was a letter from "Catholics Advocating Virtue" / dated October 21,
signed by twelve people, in opposition to the application.
The Associate Planner stated that the existing signage on the subject property totals
49.4 square feet. Under the sign code, the subject site is allowed 27 square feet, so the
. existing signage is 83 percent over the allowable area. The applicant originally proposed a sign
package which includes a total of 38.1 square feet, or 41 percent over the total permitted sign
area.
The Associate Planner noted that the Design Review Board considered this application
at its October 8 meeting and, at that timet they forwarded a recommendation that the applicant
be allowed a 15-percent deviation, subject to several conditions. He noted that the Design
Review Board modified several of the staff's recommended conditions and added conditions
pertaining to color and lighting. He forwarded the Board's suggestion that the number of colors
in the sign be limited to four, and asked the Commissioners for a determination on the total
number of colors to allow, and whether or not that number includes black and white.
. The Associate Planner reviewed the drawing of how the main sign is to be mounted,
noting that this drawing and the colored graphic included in the Commissioners' packets were
received after the Design Review Board conducted its review. He stated that the sign is to be
installed on a redwood back, which allows for indirect backlighting and sets the sign at a slight
angle to the building so it can be better seen from Main Street. He indicated that the cat head
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will be located on both sides of a v-shaped structure but, under the sign code, only one of the
sides is counted when calculating the total signage. He stated that, under the applicant's
proposal, the backlighting will shine through the eat's ears, eyes, nose and mouth.
He
indicated that the letters are to be metal, mounted on a plywood surface which is slightly larger
. than the letters, and the entire sign is to be mounted on sandblasted redwood. In addition, the
applicant is proposing a backlit box-style sign over the rear door, a redwood and metal sign
reading "adult store" hanging from the awning, and a metal sign by the entry of the building.
The Associate Planner stated that the colored rendering of the sign contains 9 colors,
including black and white but not the redwood. He noted that a grey color has been proposed
for the background of the two smaller signs, and staff would recommend that the grey
background be changed to match the tan or the beige in the cat graphic.
The Associate Planner noted that, in light of the new drawings from the applicant,
concerns have been raised about the potential of light spilling from the cat graphic structure,
and further noted that the issue can be addressed by requiring baffling across the top of the
structure. He indicated that the proposed additional conditions contained in his memo dated
. October 17 should adequately address that issue. He suggested that, if the Commission
wishes, it could also amend the conditions forwarded by the Design Review Board regarding
the colors allowed on the sign.
Mr. Billy McWilliams, Manager of Ms. Kitty's, stated the signage proposal under
consideration is the result of a long, grueling process, and he feels it represents a consensus
of staff, the Design Review Board, and his business. He stated that this proposed signage
package will replace an existing sign with flashing lights with a much smaller, more attractive
sign. He assured the Commission that it is his intent to create a sign where the only light
emitted will be through the eat's eyes, ears, nose and mouth. He indicated a willingness
to
change the colors of the signs, as proposed by staff. He assured the Commission that the sign
over the back door is to be of materials similar to the large sign, and will not have the
. appearance of a canned fluorescent sign.
Mr. Ole Nelson, Samolean Design Works, showed the Commission some colored pictures
of other signs in the community which contain the same type of materials and lighting that is
proposed for this sign. He assured the Commission that the sign will be attractive, and
not
garish. He then indicated that, in the sign world, only basic colors are identified individually,
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with shades not being counted. He suggested that, in this instance, the only colors used are
blue, green, red and peach. He indicated that the lighting of the sign will be green fiber optics
during the day and blue fiber optics at light. He stated that black is proposed around the letters
because it absorbs light, and it is their intent to keep light from escaping except where they
. want it to show. He then indicated that what appears to be grey on the renderings is actually
bare metal, which is to be sealed to maintain its color. Also, what appears to be white around
the letters is to be bare metal.
Responding to Commissioner Frost, the Associate Planner stated that incidental signs,
such as "no one under 18 permitted" are not included in calculations of total signage area.
Responding to Commissioner Frost, Mr. Nelson estimated that the main sign will be set
out eight to ten inches from the wall at the north end, angling back until it is flat against the
wall at the south end.
Responding to additional questions from Commissioner Frost, the Associate Planner
stated that in the historic overlay district there is no limit on a deviation, in the entryway
overlay corridor there is a 20-percent limit, and in the freeway interchange zones there is a 25-
. percent limit. He noted that in the entryway overlay, approval of a deviation is to be based on
design quality, and in the historic district, historic compatibility and restoration efforts must be
taken into consideration. He then indicated that he knows of no other business in the
downtown area has sought a deviation to allow signage in excess of what is allowed by code.
Responding to Commissioner Rudberg, the Associate Planner stated that the new
recommended conditions have not been reviewed with the applicant. He noted that the
applicant has reviewed the conditions recommended by the Design Review Board and indicated
that they were acceptable. He then stated that the issue of a glowing sign over the back door
was not raised at the Design Review Board meeting.
The Commissioners discussed the issue of colors, generally concurring that the colors
proposed on the colored rendering are acceptable. They also discussed the issue of lighting,
. recognizing that blue and green fiber optics, of the same shade as the colors in the sign, would
be acceptable, as long as the lighting is baffled so it does not shine out around the sign.
The applicant and his representative assured the Commission that the lighting is
designed to be an ambient light, not a harsh light, that glows out from the sign.
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Responding to Commissioner Frost, the Associate Planner stated that the requested 15-
percent deviation will allow an additional 4 square feet of signage. He then indicated that
the
main sign meets code requirements for size; the additional signs are what create the need
for
a deviation.
. Responding to City Manager Wysocki, Associate Planner Patterson stated that the vote
of the Design Review Board indicated that the existing sign is of such poor quality, and
the new
sign is of such better design quality, that a 15-percent deviation is appropriate.
He then
indicated that, since a store in this location was not installed until the late 1950's,
there is no
historic value to the store itself or its signage.
Responding to Commissioner Frost, the Associate Planner stated that if the windows
were clear, 25 percent of that space could be covered with signage; however, if the windows
have been blackened, window signage cannot be used.
No one was present to speak in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Frost stated he has no problem with the proposed signage or the colors
. contained in the rendering; however, he would prefer to see it brought into compliance with
the code.
Commissioner Youngman stated she finds no compelling reason to approve signage
greater than allowed by code. She suggested that, through incorporating the information
from
the smaller signs into the larger sign, it could be brought into compliance.
She stated the
requested deviation is inconsistent with the signage for other businesses in the downtown
area,
and allowing the sign to be hung at an angle from the building will provide for visibility
from
Main Street. She also noted that there are
residential units located immediately across the
street from this subject property. She then indicated that she has no problem with the colors
as proposed.
Commissioner Stiff stated he cannot support the 15-percent deviation recommended by
. the Design Review Board.
Mayor Stueck stated he has no problem with the colors, but he is concerned about the
size. He then suggested that incorporating the sign which says "adult store" into one of
the
other signs, such as the sign by the entry of the building, could result in the elimination
of one
sign and approximately one-half of the additional four square feet sought under the deviation.
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Responding to the Mayor, Mr. McWilliams expressed concern that this requested signage
has been reduced with each step in the process.
Further responding to the Mayor, Mr. Ole Nelson stated that incorporating the words
"adult store" into one of the other signs could be easily accomplished.
. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness with deviation from Section 18.65.040
of the Bozeman Municipal Code, as requested by Bozone, Inc., to allow a new sign, located
on
the west 25 feet of Lot 13, Block A, Tracy's Addition, to exceed the allowable square footage,
subject to the following conditions:
1. The building permit submittal shall
include the applicant's plans to alter
existing signage (as indicated to staff
and described in the staff report)
and repaint building elements. Colors
shall be coordinated with the main
sign.
2. No neon-type colors shall be used on
any store signage except for minor
elements.
3. Sign colors shall be limited to those
shown on the color rendering
presented for the public hearing, with
the following changes:
e A.
Sign colors shall be modified to limit the number of colors to
nine, including black and
white (and counting shades of
colors separately).
B.
The grey color on the entry signs shall be changed to the tan
or beige colors used in the cat graphic.
C.
The blue and green colors of the fiber optic backlighting shall
be of the same shade as the blue and green used in the rest
of the sign.
D.
The color of the middle plywood material used for indirect
fiber optic lighting shall be black.
4. A top-view drawing of the main sign
shall be provided to show how
elements of the sign relate to each
other, and to show all lighting sources.
The V-shaped, two-sided, cat graphic
portion of the sign shall use an angle
of 45 degrees or less between the sides.
5. Total sign area for the store, including
wall and awning signage, shall not
exceed that which is allowed by a 15-percent
deviation, minus Sign No.
. 5, as proposed in the colored rendering
submitted by the applicant, with
its message being incorporated into the remaining signage.
6. All required changes and information
shall be provided in the building
permit submittal. It is recognized
that plans be reviewed with the Planning
staff to ensure all conditions have
been met and avoid delays.
7. Signage lighting shall include the
following:
A.
Neither front door nor rear door commercial signage shall be
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lighted so as to result in a glowing sign, unless it uses
subdued lighting and colors and baffled light fixtures.
B. Baffling shall be provided around the cat graphic light fixture
to restrict the emission of light to apertures of the cat
graphic. The method of permitting light
to emit from the
apertures shall be shown on the plans.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost and Mayor Stueck; those voting No being Commissioner Stiff and
Commissioner Youngman.
Public hearina - COA with deviations from Bozeman Municipal Code. Sections 18.50.160 and
18.18.030. to allow construction of addition with eaual size basement to non-conformina
structure on lots 10 feet narrower than reauired. Lots 5 and 6. Block 46. CaDitol Hill Addition
(1309 South 5th Avenue) - Michael Promisco (Z-9688)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviations from Sections 18.50.160 and 18.18.030 of the Bozeman
Municipal Code, as requested by Michael Promisco, under Application No. Z-9688, to allow the
construction of an addition with an equal size basement to a non-conforming structure on Lots
. 5 and 6, Block 46, Capitol Hill Addition. converting the existing single-family residence to a
duplex. The subject property is more commonly known as 1309 South 5th Avenue.
Mayor Stueck opened the public hearing.
Associate Planner Dean Patterson presented the staff report. He stated that under this
application, a large addition is proposed to an existing single-family residence, along with its
conversion to a duplex. He stated that the subject property is located one-half block from the
MSU campus, and the addition is proposed in the large front yard area. He noted that off-street
parking currently exists in the rear yard, and a couple of parking spaces are to be added in the
front to meet code requirements for a duplex.
The Associate Planner noted that the set of drawings submitted with the original
applications were not viewed favorably by the Design Review Board, so they asked for a set
. of revised drawings. He stated that during staff review of the revised plans, concern about the
connectivity of the addition to the existing structure was raised. He indicated that, to address
that concern, staff suggested that the height of the addition be lowered and that a longer point
of connection be established, to replace the cricket-like connection proposed in the application.
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Associate Planner Patterson stated that the existing house is in need of maintenance
and, since this proposal would result in an upgrade of the site, the Design Review Board
felt
that it met the requirements for a deviation.
He noted that, because of the large addition
proposed to the existing structure, staff recommended that extensive landscaping be required
. to mitigate any adverse impacts on the immediate area. He stated that the proposed addition
is to include a basement, and one of the recommended conditions requires that no living
units
be allowed in the basement without additional review. He noted that the subject property
is
located in an "R-3a" zoning district, in which duplex units are allowed.
The Associate Planner stated that the Planning office has received one letter in
opposition to the requested deviation, and a copy of that letter was forwarded in the
Commissioners' packets.
Responding to Commissioner Frost, the Associate Planner stated that the porch on the
addition is oriented toward the side lot line instead of toward the street, and under Condition
No.3, as recommended by the Design Review Board, it would be reoriented so that the steps
lead toward the street.
. Mr. Mike Promisco, applicant, stated his
concurrence with the eight conditions
recommended for approval of this application.
Responding to Commissioner Rudberg, Mr. Promisco stated he has no plans for using
the basement of the addition for living purposes at this time. He noted, instead, it will
be used
for storage.
No one was present to speak in opposition to the requested deviations.
Since there were no 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 Sections
18.50.160 and 18.18.030 of the Bozeman Municipal Code, as requested by Michael Promisco,
under Application No. Z~9688, to allow the construction of an addition with an equal size
. basement to a non-conforming structure on Lots 5 and 6, Block 46, Capitol Hill Addition,
converting the existing single-family residence to a duplex, subject to the following conditions:
1. The roof proposed for the addition
shall be modified to equal the height of
the existing roof, and to have a 6/12
pitch in order to make a stronger
architectural connection between the
existing and proposed structures.
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2. The siding on all exposed sides of
the existing structure shall match that
of the proposed addition. All finish
materials shall be indicated on the final
plans. A multi-hued color scheme shall
be indicated on the final plans, and
the colors shall be chosen to avoid
nuisance to adjacent properties.
3. The entry and/or porch of the structure
shall be oriented to the street front
of the property.
. 4. All parking surfaces shall be paved.
Diagonal parking spaces shall include
wheel stops
and pa i nted striping to
indicate the correct parking
orientation. Parking areas shall drain to landscaped areas and not to a city
street, city alley, or adjacent property.
5. A sidewalk shall be provided along
the south side of the structure to
permit access from both parking areas
to both of the dwelling units.
6. All yards shall be landscaped with
durable vegetation to a standard
equivalent to earning 15 landscape
performance points, as defined in the
Zone Code.
7. All changes required by the Design
Review Board shall be included in the
building permit drawings, and reviewed
by the Planning Office for
conformance with the direction provided
by the Design Review Board
during review. It is recommended that
the changes be reviewed with the
Planning staff prior to submittal to
avoid unnecessary delays.
8. Any future conversion of the structure
to more than two dwelling units,
or any expansion of living area into
the basement, shall receive appropriate
planning review. At the present time,
a Planned Unit Development would
be required for more than one dwelling
unit.
. 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 hearina - variance from Section 18.20.050. Bozeman Municioal Code. to allow 5-foot
side yard setbacks rather than the 8-foot side yard setbacks reauired bv Code - Babcock
Meadows Subdivision (C-9613)
Preliminary olat review for Babcock Meadows Amended Phase I and Phase II - Morrison-Maierle.
Inc. - re-subdivide 27.21 acres described as a oortion of the SW%. Section 11. T2S. R5E.
MPM. into 55 single-family lots. 8 multiole-family lots. and 16 townhouse lots (south side
of
3100 block of West Babcock Street) (P-9636)
This was the time and place set for the public hearing on the zoning variance from
Section 18.20.050 of the Bozeman Municipal Code, as requested by Morrison-Maierle, Inc.,
. under Application No. C-9613, to allow 5-foot side yard setbacks rather than the required 8-
foot side yard setbacks in the Babcock Meadows Subdivision.
This was also the time set for review of the amended plat for Babcock Meadows
Subdivision, Amended Phase I, and the preliminary plat for Babcock Meadows Subdivision
Phase II, as requested by Morrison-Maierle, Inc., under Application No. P-9636, under which
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27.21 acres described as a portion of the Southwest one-quarter of Section 11, Township 2
South, Range 5 East, Montana Principal Meridian, is to be re-subdivided into 55 single-family
lots, 8 multiple-family lots and 16 townhouse lots. The subject property is more commonly
located along the south side of the 3100 block of West Babcock Street.
. City Attorney Luwe reminded the Commission that the applicant has submitted a letter
indicating a willingness to allow public testimony during review of the plats. He suggested
therefore, that the Commission conduct the review of both requests at the same time, since
it will result in efficiencies for all parties involved. He stated that once the
review has been
completed and public comment accepted, the Commission will be considering three separate
issues: (1) the amended plat for Phase 1/ (2) the preliminary plat for Phase II, and (3) the zoning
variance.
Mayor Stueck opened the public hearing.
Assistant Planner Chris Saunders presented the staff report. He reviewed the changes
proposed in Phase I under the amended plat, which include lifting of the plat restrictions which
limit development within the subdivision to single-family residences on Lots 10-13, 15, 20-27,
. 57, 58 and 63-75/ which are essentially the lots in the southeast corner and along the south
side of the subdivision. He stated the applicant also proposes to subdivide Lots 20-27 into 16
zero lot line townhouse lots, with an attendant zoning variance to allow 5-foot side yard
setbacks instead of the 8-foot side yard setbacks required by code. The applicant
further
proposes to use "y's" on the eight existing stubs for services to serve the sixteen townhouse
lots. In addition, Lots 63-75 are to be combined into a single large lot, identified as
No. 63/
which will total approximately 3.4 acres and be developed with condominium units or
apartments. The former Lot 83, Phase II is to be moved to Phase I and numbered as Lot 79
under the amended plat, and the entire length of Donna Avenue is to be included in Phase I.
The final item under consideration is the removal of the easement between Lots 54 and 55, to
provide mid-block access to the linear park through the subdivision.
. The Assistant Planner stated that the City-County Planning Board conducted its public
hearing on the amended plat for Phase I and the preliminary plat for Phase II at its regular
meeting held on October 1. He noted that, following the public hearing, the Board carefully
took into consideration the criteria for evaluating a subdivision, as set forth in the State
statutes, and the comprehensive staff findings, as contained in the written staff report, as well
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as the public testimony which had been presented. Following that consideration, the Planning
Board voted to recommend lifting of the single-family restrictions on the designated lots in
Phase I, to allow the creation of 16 townhouse lots, to grant a waiver from the environmental
impact statement, to grant a partial waiver of the community impact statement, and to now
. allow the use of "y" connections for the townhouse lots, subject to thirteen conditions as
recommended by staff. The Board also voted to recommend approval of the request to remove
the park easement, to allow the combining of lots into one large lot for future condominium or
apartment development, and to include Donna Avenue in Phase I, and to include Lot 83, Phase
II in Phase I.
Assistant Planner Saunders stated that, while the City-County Planning Board forwarded
its recommendation for approval, several members expressed concern about additional
development along West Babcock Street, particularly before substantial improvements have
been made.
Mr. Mike Lilly, attorney representing the applicant, stated this application has been filed
in an effort to conform with the changing growth occurring in the neighborhood. He noted that
e when the applications for Babcock Meadows Subdivision were originally approved, the project
was consistent with the surrounding neighborhood. He noted, however, that changes in that
neighborhood have now taken place and, because of those changes, the applicant feels it
necessary to make changes in this project. He stated that the proposed changes, as reviewed
by the Assistant Planner, will allow this subdivision to remaining consistent and competitive
with the surrounding area. He noted that with these changes, the costs of the lots
can be
lowered, and more affordable housing units can result.
Mr. Lilly stated that when Babcock Meadows was originally approved, it was an
upgraded neighborhood with many amenities, large lots, and a restriction for single-family
residences only. He stated that the lifting of that restriction on the specified lots will allow for
townhouse development and apartments or condominiums to more accurately reflect the
. character of the properties to which those lots abut.
Mr. Keith Belden, Morrison-Maierle, representing the applicant, stated that if the lots,
as they currently exist, were developed with duplexes, no change in service connection would
be required. He noted, however, that if those same duplexes are to be constructed as
townhouses on individual lots, then separate service connections are required. He stated that
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the existing services are adequate to serve two dwelling units. He recognized that the Uniform
Plumbing Code does not allow a water or sewer line to be run across another individual's
property. He suggested that, to mitigate that problem, a 25-foot-wide utility easement, which
would correspond with the front yard setback, could be created, and the utility connections
. could then be made within that easement and avoid any conflicts with the Code.
Mr. Anson Crutcher, applicant, distributed copies of two versions of townhouse
development within this subdivision. He noted the diagrams show how townhouse units might
appear if the requested variance to allow 5-foot-wide side yard setbacks were approved for
both the 60-foot-wide and 70-foot-wide lots. He forwarded his interest in keeping the prices
of the homes within his subdivision as low as possible while not sacrificing the amenities. He
stated that under the proposed configuration of the townhouse lots, two-car garages are to be
provided on each lot, with one parking space allowed on each driveway to meet the
requirement for three parking spaces per unit. He stated that, without the variance,
the
townhouse would "look like mini-storage instead of a residential area". He noted that with the
requested variance, the garages and living units could be arranged so that the front doors are
. on the front face of the structure on both the 60-foot and 70-foot-wide lots, thus creating a
more attractive neighborhood. He stressed that on the 70-foot-wide lots, only the garages
would be located 5 feet from the property line, while the living portion of the structure would
be 11 feet from the property line. He concluded by encouraging the Commission to approve
this requested variance.
Mr. Phil Mazuranek, 24 North Western Drive, expressed concern about the density of
development that would be allowed within this subdivision under the application currently
before the Commission. He noted that 55 single-family lots on 27 acres is approximately one
unit per Y2 acre, which is roughly the density of his neighborhood. He noted, however, that
when the proposed townhouses and condominium or apartment lots are inserted into the
. equation, the amount of land per dwelling unit is greatly reduced and the openness is suddenly
lost. He stated that a more attractive development would result by eliminating one or two of
the proposed townhouse lots rather than approving the requested variance to allow the
structures to be located closer to the side property lines. He encouraged the
Commission to
not approve the application before them.
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Mr. AI MacSween, 314 Wilda Lane, stated that residents along West Babcock Street are
becoming frustrated with the development that is being allowed along that roadway,
particularly when a petition signed by over 400 residents is essentially ignored as the
Commission approves an application. He compared putting townhouses on the proposed lots
. to "putting a marshmallow in a piggy bank". stating it is not appropriate to squeeze buildings
onto lots in this area.
Mr. MacSween then questioned what low-income housing is, noting that those earning
minimum wage certainly will not be able to afford the units in this subdivision.
He also
expressed concern that the area proposed for condominium or apartment units is immediately
across the fence from his property, and he feels it is inappropriate to have such a dense
development abutting a single-family residential area with larger lots.
He indicated that the
original single-family lots, which were much smaller than his, were acceptable, but the
proposed multi-family development is not.
Mrs. Virginia MacSween, 314 Wild a Lane, stated that conversion of 13 single-family lots
to a single lot intended to accommodate 30 multi-family residential units represents a
. significant increase in density. She expressed concern about this density, particularly
since the
lots abut an area with larger yards and more open space. She also expressed concern about
the fencing, stating her preference for a five-foot-high chain link fence, noting they are
much
more permanent and attractive than a wood fence.
Mrs. MacSween stated their bedroom overlooks the site where the multi-family units are
proposed. She questioned how tall those units will be, expressing concern about the invasion
of privacy that could occur if two- or three-story buildings are erected.
Assistant Planner Saunders stated that the first condition recommended for approval is
that all of the conditions from the original approval remain in full force and effect unless
specifically modified by the following conditions. He stated that, since a 5-foot-high chain
link
fence along the west boundary of the subject property was a part of the original conditions,
. that requirement must still be met. He indicated that, under the current condition, that
fence
is to be installed prior to filing of the final plat for Phase II.
If the Commission wishes to
change the timing of the installation or reaffirm its installation, it may do so by adding
a
condition to approval of this application.
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The Assistant Planner stated that the proposed easement along the fronts of the
townhouse lot would address the accessibility issue. He stated, however, that other problems
exist with the proposed "y" connections.
He noted that they do not meet the code
requirements for individual connections to single-family residences.
Also, problems with
. blockages in the sewer lines would be more difficult to trace. He then reminded the
Commission that zoning variances must be considered in light of the three criteria set forth
in
State statutes, and staff has not found that the required hardships exist upon which to
base
approval. He suggested, rather, that through
clustering or possibly including three units in
some of the townhouse buildings, the desired number of units could be realized without a
variance to setback requirements.
Responding to Commissioner Youngman, the Assistant Planner stated that if the
Commission approves the requested variance and the use of "y" connections, the applicant
could proceed with development using the existing infrastructure.
He noted that if the
Commission does not approve the requested variance and the use of "y" connections, an
alternative must be followed.
. Responding to Commissioner Frost, the City Attorney stated that one of the criteria to
be considered when reviewing a subdivision is the effect on local services.
He stated that if
the Commission identifies traffic impacts on West Babcock Street as a concern, it may attach
the conditions it feels necessary to mitigate those impacts.
Responding to Commissioner Frost, Assistant Planner Saunders stated that any structure
larger than a four-plex must go through the site review process.
He then reminded the
Commission that each of the items contained in this application may be acted on individually.
Commissioner Frost stated he does not support the proposal to use "y" connections.
He then suggested that the density of development on the site should be limited to what
has
already been approved for this subdivision until West Babcock Street is improved.
Mr. Mike Lilly recognized there are a number of ways to address the water and sewer
. service issues; the question is what it will cost. He expressed concern that the road has just
been paved and, if individual services are to be installed, the road must be torn up and
repaved.
He stated this is in direct conflict with the applicant's desire to keep the costs down
and
provide an area for affordable housing units.
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Responding to Commissioner Youngman, the Assistant Planner stated that if impacts on
properties adjacent to the southwest corner of the property are identified as a concern, then
some type of buffering can be required.
Responding to City Manager Wysocki, the Assistant Planner stated that the 60-day
. period for review of the plats expires tomorrow. He then indicated that the applicant has
previously submitted a letter providing for a two-week extension of the review period, but no
specific date is included in that letter.
Responding to the City Manager, Mr. Crutcher stated that, because of financial
commitments, he cannot grant a two-week extension, but he would be willing to provide a one-
week extension.
Mr. Mike Lilly expressed concern about the proposal to add a condition regarding West
Babcock Street. He noted that other applications have been recently approved without such
a condition being added, including the Gene Cook application under which the Commission
approved a zoning designation that would increase density. He stated that since traffic
concerns on West Babcock Street have not been raised during previous applications, he feels
. it is inappropriate to add such a condition to this application.
Mayor Stueck noted that the rezoning of the Cook property actually resulted in a
decrease in density.
Responding to the City Manager, Mr. Lilly stated he does not wish to revise his previous
statement.
Responding to Mayor Stueck, the Assistant Planner estimated that one-third of the
property along West Babcock Street is undeveloped.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
He then requested that the decisions on these agenda items be placed on the October 28
agenda, at 3:00 p.m.
. Adiournment - 9:07 C.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
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Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
cCJl7"1 L .L;~",A
. ATTEST: DON E. STUECK, Mayor
~./d#~
R BIN L. SULLIVAN
Clerk of the Commission
.
.
10-21-96
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