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HomeMy WebLinkAbout1996-06-03 Minutes, City Commission - _..._.._______n..____.___.._ ..______ n ._ .___ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 3, 1996 ********************** ******* . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 3, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Rudberg was absent in compliance with Section 7-3-4312(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Mav 6. Mav 13. May 20. and Mav 28. 1996 It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the . minutes of the meetings of May 6, May 13 and May 28, 1996, be approved as amended. 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, none. Mayor Stueck deferred action on the minutes of the meetings of November 20 and December 4, 1995, and May 20, 1996, to a later date. Ordinance No. 1422 - Zone MaD Amendment - "R-3" and "R-4" to "R-MH" on 20.0 acres known as Tract 1 and Tract 5. Barrick Annexation. in the E%. NE%. SW%. Section 11. T2S, R5E. MPM (south side of 2700 and 2800 blocks of West Babcock Street) (Gene Cook et al.) Previously distributed to the Commission were copies of Ordinance No. 1422, as approved by the City Attorney, entitled: . ORDINANCE NO. 1422 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-3" (RESI DENTIAL--M EDI UM-DENSITY) AND "R-4" (RESIDENTIAL--HIGH- DENSITY) TO "R-MH" (RESIDENTIAL--SINGLE-FAMIL Y MOBILE HOME) ON 20.0 ACRES LOCATED IN THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. 06-03-96 -- ----- -------- - __..m___u____. .._ _ _. -.--.-..... -.- - 2 - The City Manager reminded the Commissioners that they have conducted the public hearing on this zone map amendment and provisionally adopted the ordinance. He further reminded the Commission that, since a petition in opposition, containing the signatures of more than 20 percent of the adjacent property owners was received, a vote of 3/4 of the . Commissioners is required for approval. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission table action until the June 17, 1996, meeting, when a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Ordinance No. 1423 - Zone MaD Amendment - "PU" to "BP" on 18.293-acre Darcel located in Tract A-1-A-2. COS No. 1243C. in the NW%. Section 14. T2S. R5E. MPM (south of intersection of West Colleae Street and West Main Street) (Lowell Springer for MSU Foundation) Previously distributed to the Commission were copies of Ordinance No. 1423, as approved by the City Attorney, entitled: . ORDINANCE NO. 1423 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "PU" (PUBUC LANDS AND INSTITUTIONS) TO "BP" (BUSINESS PARK) ON 18.293 ACRES LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONT ANA PRINCIPAL MERIDIAN. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1423, amending the zoning designation on 18.293 acres south of the intersection of West College Street and West Main Street from "PU" (Public lands and Institutions) to "BP" (Business Park). 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, none. . Decision - Commission Resolution No. 3112 - intent to annex COS No. 1929. located in the NE%. Section 11. T2S. R5E. MPM (2.591 acres located along the south side of 2500 block of West Villard Street) - Cecil Horan (A-9606) This was the time and place set for the decision on Commission Resolution No. 3112, as approved by the City Attorney, entitled: 06-03-96 ... .------..----- ..------------- - 3 - COMMISSION RESOLUTION NO. 3112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICUlARL Y DESCRI BED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID . CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Included in the Commissioners' packets was a letter from Lowell Springer, architect representing Mr. Horan, dated May 28. Senior Planner Dave Skelton reminded the Commissioners that the public hearing on this requested annexation was held at the May 20 meeting. At that time, action was delayed to allow staff an opportunity to discuss the new proposed condition pertaining impact fees with the applicant. He stated that he and Mr. Lowell Springer, the architect representing the applicant, met with Mr. Horan last week; and Mr. Horan agrees with Condition No.4 as proposed. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back a resolution of annexation upon the . execution of an Annexation Agreement and satisfaction of the following conditions: 1. That the applicant file at the Gallatin County Clerk and Recorder's Office executed waivers of right to protest creation of SIDs for the following: a. Street improvements to Durston Road, including paving, curb/gutter, sidewalk, boulevard and storm drainage appurtenances; and b. Street improvements to West Villard Street, including paving, curb/gutter, sidewalk, boulevard and storm drainage appurtenances; 2. That water rights or fee in lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement and carried out by the owner prior to the City Commission adopting the resolution of annexation; 3. That the applicant provide a mylar record annexation map, . prepared by a Montana licensed professional engineer or surveyor, which meets the requirements of the Director of Public Service; and 4. That the fire and street impact fees for the existing house shall be paid concurrently with the annexation of the property. At the time the existing house connects to the City's water and sewer facilities, those impact fees shall become due. 06-03-96 - 4 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No, none. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from the Headwaters Cooperative Recycling Project, announcing their upcoming meeting scheduled for 10:00 a.m. on June 6 at the Boulder Courthouse, and forwarding a copy of the proposed Interlocal Agreement for the Headwaters Cooperative Recycling Project. The City Manager stated that he will be reviewing this agreement with the City Attorney in the next couple of days. He encouraged the Commissioners to forward their comments or concerns, so they can also be taken into consideration. (2) Memo from Mr. Tad Weaver, 824 O'Connell Drive, dated May 25, regarding cemeteries. . (3) Memo from Mr. Tad Weaver, 824 O'Connell Drive, dated May 25, regarding gambling in the community. (4) Letter of resignation from the Design Review Board, as submitted by Mr. John DeHaas in a letter dated May 27, to be effective July 1, 1996. (5) Memo from Clerk of the Commission Sullivan, dated June 3, regarding her recent attendance at the International Institute of Municipal Clerks annual conference. (6) Letter from the Human Resource Development Council, dated May 30, notifying the Commission that Mr. Mike Sinclair is unable to serve as a legal representative on the Community Affordable Housing Advisory Board. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 4, in the Commission Room. . (8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, June 4, in the Commission Room. (9) Notice that there will be no public meeting of the County Commission this week. 06-03-96 -..-.--.-- -..--- ..--- -.-. - - - 5 - (10) The City Manager submitted his weekly report, as follows. (1) Reminded the Commissioners that the primary election is tomorrow, and that the mill levy for the libraries will be on the ballot. (2) Stated that a change order is forthcoming on the Highland Boulevard project because the water main must be relaid with the change in grade of the road. (3) Noted . that staff is carefully monitoring the water levels in the creeks. He noted that the water has cleared substantially at the Water Treatment Plant, which indicates that the run-off has reached its peak. (4) Announced that the new Chief Building Official began work today. (5) Stated that Business Week, sponsored by the MSU Community Relations Committee of the Bozeman Area Chamber of Commerce, will be held next week. (6) Noted that plans for the MSU Homecoming parade for next fall are currently underway. (7) Met with the sub-committee of the Recreation and Parks Advisory Board regarding the possible standardization of user agreements. He cautioned that each agreement must be considered on an individual basis; therefore, developing a standard agreement is difficult. (8) Stated that he is continuing to meeting with individual departments regarding their budget requests. (9) Stated that some of the City staff members attended a course on composting. (10) Announced that replacement of the clay water . transmission line from Sourdough Creek to the Water Treatment Plant has begun, and should be completed by the end of the month. (11 ) Commissioner Frost stated that he spent five days in Boston, and was amazed by how well vehicles, bicycles, skateboards, in-line skates, pedestrians and tourists mixed on the narrow streets with parking on both sides. He noted that the drivers were very courteous. ( 12) Commissioner Youngman submitted the following. (1 ) Stated the Beautification Advisory Board has been working on the beautification of medians on North 7th Avenue. She stated that the State of Montana Department of Transportation will not allow volunteers to work in the medians; but they are allowed to gather the materials. (2) Stated that . at its last meeting, the Community Affordable Housing Advisory Board worked on developing . a list of goals, which they will submit to the Commission in the near future. (3) Attended the gambling meeting on Thursday, May 23. She noted that people are working diligently on a variety of sub-projects. ( 13) Commissioner Stiff stated that he attending the opening of the renovated Pioneer Museum, which is now fully accessible. 06-03-96 - 6 - (14) City Attorney Luwe announced that the Odyssey of the Mind team from Morning Star Elementary School finished 17th in a field of 57 teams, or in the top one-third of the World competition. He noted that is one of the highest finishes for a first-time team in this competition. He stated that the other Montana teams also did well, with a second-time team . from the high school in Havre placing fifth. ( 15) Clerk of the Commission Sullivan introduced Deputy Clerk of the Commission Gillian (Gill) Erlandson to the Commission. (16) Mayor Stueck noted the Commission has not formally talked about requiring a damage deposit from groups using the City parks and asked if that issue needs to be ad dressed. The City Manager responded that it is important to consider each request on its own merits. He noted that the Commission may wish to encourage and promote some types of activities; and it would be inappropriate to require damage deposits because the groups may not be able to afford them. Also, some groups and activities may be more established, and contribute to development of park areas; and it would be inappropriate to require a damage . deposit from them. He suggested that the possibility of requiring a damage deposit should be considered in conjunction with the user agreement, on a case-by-case basis. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3121 - intent to install cul-de-sac on South Third Avenue. iust north of its intersection with Kagv Boulevard: set public hearing for June 17. 1996 COMMISSION RESOLUTION NO. 3121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE COMMISSION'S INTENTION TO CLOSE SOUTH THIRD AVENUE AT A POINT BETWEEN ITS INTERSECTIONS WITH SOUTH GRAND A VENUE AND KAGY BOULEVARD . BY INSTALLING A CUL-DE-SAC IN SAID STREET. Findinas of Fact - Master Plan Amendment to establish initial land use desianation of "Urban Residential Infill" on E %. W %. E %. SE % . Section 3. T2S. R5E. MPM (19.957 acres located alona north side of Durston Road at Meagher Avenue extended) 06-03-96 - 7 - Preliminary olat for minor subdivision - MSU Foundation - to subdivide 63 acres located alona south side of 2500 block of West Colleae Street into two commercial or industrial lots: aDDroval per recommendations from Plannina Board and Director of Public Service Reauest for Dermission to close Main Street for Taste of Bozeman - Wednesday. July 31. 1996 - 5:30 D.m. to 11 :00 o.m.: reauest for . waiver of ODen container ordinance from 7:00 p.m. to 9:00 D.m. for seated guests only Authorize City Manaeer to sign - Right-of-Way Aareement with Highwood Estates Homeowners' Association - easement alona west side of Highland Boulevard to allow road reconstruction and landscaoe renovation work Authorize City Manager to sian - Electric Powerline Easement - Montana Power Company - 10-foot-wide easement across oortion of Lot 24. Block F. Original Townsite (parking lot at the corner of North Tracy Avenue and East Mendenhall Street) Authorize City Manager to sian - Utility Easement in oark and ODen soace area of New Hyalite View Subdivision - Dubray Land Services. Inc. (aaent for US West Communications) Acknowledge receiot of reauest for annexation - Bin Chana for Joal Olson. Northwood Land and livestock - .664-acre oarcellocated in the SW%. Section 13. T2S. R5E. MPM (north side of Kaay Boulevard near South 19th Avenue): refer to staff . Proclamation - "Western Wear Week" - June 10-15. 1996 Commission Resolution No. 3122 - amending the rules of Drocedure for the conduct of City Commission business COMMISSION RESOLUTION NO. 3122 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. Commission Resolution No. 3123 - establishing rates for water charaes. effective on July 1. 1996 billing COMMISSION RESOLUTION NO. 3123 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. . Commission Resolution No. 3124 - establish in a rates for wastewater (sewer) service charaes and surcharge. effective on the JulY 1. 1996 billina COMMISSION RESOLUTION NO. 3124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WASTEWATER (SEWER) SERVICE AND SURCHARGE ON WASTEWATER (SEWER) SERVICE FOR THE CITY OF BOZEMAN WASTEWATER DEPARTMENT. 06-03-96 ...n._..' .._n ______ _. ____.___ ---.---..-------.--..- ---. .----.--- - 8 - Reauest for permission to conduct College National Finals Rodeo parade - Tuesday. June 11. 2:00 p.m. - Gallatin Saddle and Harness Club - beginning and end in a at Fairarounds Reauest for permission to conduct Sweet Pea carade - Saturday. Auaust 3. 10:00 a.m. - Main Street from 11th Ayenue to Church Ayenue Application for Kennel license - Nan Pizitz. 2015 Knaab Drive - Calendar . Year 1996 Authorize City Manaaer to sian - Public Street Easement - between Delaney and Company. Inc.. and the City of Bozeman - across north end of site at the northwest corner of the intersection of West Main Street and North 7th Avenue (for alley access) Authorize City Manager to sian - Amended Public Street and Utility Easement - between Donald J. DeCosse. James W. DeCosse and Dennis A. Cattin and the City of Bozeman - 15-foot by 30-foot riaht-of-way and utility easement on Lots 5A and 5B of the Amended Subdivision Plat of McChesney Industrial Park {vacated portion of Nikles Drive} Authorize City Manaaer to sian - Grant Aareement between the State of Montana Department of Natural Resources and Conservation and the City of Bozeman - to construct a separator waste collection facilitv at Wastewater Treatment Plant Authorize Mayor to sign - Community Develocment Block Grant Contract between the State of Montana Decartment of Commerce and the . City of Bozeman - excansion of the Senior Center for wellness clinic and adult day care facility Authorize City Manager to sign - Cooperative Agreement between the City of Bozeman and the Bozeman Senior Center - administration of CDBG arant for expansion of the Senior Center for a wellness clinic and adult day care facility Reauest for cermission to conduct "Family Fun Run". beginnina and ending at Bozeman Public Library - Saturday. June 8. 1996. 1 :00 p.m. Application for Temporarv Beer license - Community Food Co-oP. 908 West Main Street - June 16. 1996; continaent ucon receipt of State license Applications for Temporary Beer licenses - Gallatin Valley Softball Association - Recreation Complex - June 7-9. June 14-16. June 21-23. June 28-30. July 12-14. Julv 19-21. July 26-28. Auaust 2-4. Auaust 9-11. and August 16-18.1996 Proclamation - "Lou Gappmayer Appreciation Day" - June 6. 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 persons to complete the necessary actions. The motion carried by the following Aye and No 06-03-96 - 9 - vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No, none. Recess - 3:25 p.m. . Mayor Stueck declared a recess at 3:25 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 hearing - Master Plan Amendment - change land use designation from "Urban Residential" to "Urban Residential In fill" and "Commercial" - 21.5289 acres located in the SE~, Section 14, T2S. R5E. MPM (northwest corner of intersection of South 19th Avenue and Kaav Boulevard extended) - John D. Marks. Scenic Developers. Inc.. for Steve Aaker and Gene Pavne (P-9614) This was the time and place set for the public hearing on the Master Plan Amendment . requested by John D. Marks, Scenic Developers, Inc., for Steve Aaker and Gene Payne, under Application No. P-9614, to change the land use designation on 21.5289 acres located in the Southeast one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian, from "Urban Residential" to "Urban Residentiallnfill" and "Commercial". The subject parcel is more commonly located at the northwest corner of the intersection of South 19th Avenue and Kagy Boulevard extended. Associate Planner Chris Saunders presented the staff report. He stated that under this application, slightly under ten acres along South 19th Avenue are to be designated for commercial development while the remaining 11.68 acres to the west are to be designated for multi-family residential development. He noted that the Master Plan shows the realignment of . Kagy Boulevard to Stucky Road just west of South 19th Avenue, which would place the transition on the subject property and the property to the south and west; however, the transportation plan shows the realignment occurring a half mile to the west. He noted that a decision on which transition is most desirable will be made in the future. The Associate Planner stated that staff has reviewed this application in light of the four criteria for master plan amendments which are contained in the Master Plan. He noted 06-03-96 - 10 - that the staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. He summarized those findings, noting that staff found the application is in compliance with the criteria. The Associate Planner stated that the City-County Planning Board conducted its public . hearing on this application at their May 21 meeting. He noted that many of the issues raised during that public hearing will be addressed during the annexation, zone map amendment, subdivision and site development processes. He noted that concerns were raised regarding the size of the parcel proposed for commercial development, the capacity of the sewer mains in the area, and the possible need for signalization of the intersection of South 19th Avenue and Kagy Boulevard. He stated that, following the public hearing, the Engineering staff confirmed that a study must be completed to determine if there is sufficient capacity in the sewer main to serve the subject property. He noted that the Planning Board discussed the size of the parcel for commercial development at length, with some of the members expressing concern that the parcel is not large enough to accommodate all of the commercial development that may be needed in this area; and that could result in commercial development being scattered along the . South 19th Avenue corridor rather than being concentrated in one node. He stated that, following its public hearing, the Planning Board concurred in staff's recommendation for approval of the master plan amendment. Mr. John Marks, applicant, stated that, based on the comments received from the City-County Planning Board and the comments made during the Commission's agenda meeting last week, he recognizes the need to review this application and possibly forward a revised proposal. He further recognized the Commission's desire to see a conceptual master plan for as much of the vacant land in this area as possible. He cautioned that, at the present time, he owns the subject 20 + acres under consideration in this application, and he has an option on an additional 20 acres to the west; and those are the only parcels for which he may speak. He noted that the Aaker family controls the property to the west and the south of the subject . parcel; and Mr. Gene Payne controls the property to the north. He forwarded his willingness to consider a larger commercial node and indicated he would also be willing to work with the adjacent property owners in developing a conceptual master plan for the area. He cautioned that he has tried to acquire additional property; but the Aaker family does not wish to sell any more land at this time. He also noted that he has approached them about developing a long- 06-03-96 - 11 - range plan for development of the area; and they are extremely cautious about taking any steps now which may result in a firm commitment about future development. Mr. Marks asked that the Commissioners provide some input on how they envision the commercial land being developed and what size parcel they feel would be appropriate, . noting that information could be beneficial as he works with adjacent property owners to develop a revised proposal for Commission consideration. Ms. Carmen Murphy, 521 South Grand Avenue, representing the Evangelical Free Church, stated that during the pUblic hearing before the City-County Planning Board, Mr. Marks indicated a willingness to consider a deed restriction that would prohibit casinos on this property. She noted that the church is close to the subject site; and they feel it would be inappropriate to have a casino or tavern so close. She also raised concern about the impacts that development under the requested land use designations might have on the sewer system and traffic in the area. She stressed that the church is not opposed to the requested master plan amendment, commercial development or multi-family housing; they are simply opposed to allowing uses such as casinos and taverns, which are not compatible with churches. . City Manager Wysocki stated that the City administration has looked at development patterns on the south side of the community, in an effort to identify a suitable location for a commercial development which is large enough to provide services to residents in that general area. He suggested that this could result in a reduction of traffic into the core of the community, and provide convenience for development near and around the Montana State University campus. He suggested that a commercial area which is large enough to accommodate a development approximately the size of University Square Shopping Center would be appropriate, particularly if it were possible to allow for some expansion of the developed area as demands increase. Mr. John Marks verified his willingness to impose a deed restriction to prohibit the . types of uses about which the church has registered concerns. He recognized that State iaw does protect the church from these activities to a certain degree, since alcoholic beverages may not be sold within 600 feet of a church; but he is willing to provide the additional protection desired. Mr. Marks suggested that the church could benefit from the extension of City water and sewer, particularly if a fire hydrant is installed close to the church property. 06-03.96 -.--.- ---. - -..- ...------.- --..-----..-..-- ... .. -......--.. --.. ".----.--. ---.-- --.-.--- ..----------. .... .---.---.-.... --. -... - .-.. . - 12 - Responding to Mayor Stueck, Associate Planner Saunders estimated that the University Square Shopping Center is located on fifteen acres. The City Manager stated that, to accommodate traffic circulation, it is important to extend Kagy Boulevard westward on its present alignment for at least 500 feet, to provide . adequate stacking room for vehicles entering and leaving the commercial area. He then noted that there are three watercourses which traverse the property in this area; and those corridors provide some natural breaks which could be used as buffers between differing uses. He stressed the importance of identifying the best location for commercial development, noting that it may not be on the land which Mr. Marks currently controls, and cautioned that this decision is a long-term one which will impact development of the corridor and the general area for the next thirty to fifty years. Associate Planner Chris Saunders noted that on the master plan map, the southeast corner of the intersection of South 19th Avenue and Kagy Boulevard/Stucky Lane is designated as parkland. Mayor Stueck noted that, given the potential for development along both the North . 19th Avenue and the South 19th Avenue corridors, the City now has a prime opportunity to create the type of entryway corridors it wishes. He characterized this as a long-range planning situation, and stated his interest in referring this application back to staff to consider as part of a much larger process. Commissioner Frost stated that he cannot support the proposed master plan amendment, unless the commercial property is to be developed as a neighborhood service area. He noted that if the site is to be developed with highway commercial type uses, it must be enlarged, probably to a minimum of 20 acres. Commissioner Frost forwarded his personal preference for seeing Kagy Boulevard extended westward, recognizing that its alignment is a part of the long-range plan. He . indicated support for referring this application back to staff, with a request for master planning of a much larger acreage. Commissioner Youngman indicated her interest in seeing as much of the area as possible included in a conceptual master plan, noting that it is much easier to plan and design development of an area when a larger parcel is involved. She suggested that the commercial area should probably be 15 to 20 acres in size, and located along South 19th Avenue rather 06-03-96 . -.--.-.----.-.-.. -------- - 13 - than extending westward along Kagy Boulevard. She expressed concern about addressing development along this corridor on a piecemeal basis, noting that more appropriate development can be accomplished through a more comprehensive plan. Commissioner Stiff stated that when this issue was discussed at last week's meeting, . he wasn't necessarily thinking about a larger commercial area; rather, he was considering the benefit of a more comprehensive master plan amendment, with a conceptual master plan for an even larger area. He forwarded his concerns about the westward extension of Kagy Boulevard, either to Stucky Road or Cottonwood Road, noting that the alignment of that roadway could have a dramatic effect on what the highest and best use of the land might be. Commissioner Stiff stated he would like to see the entire property master planned, noting that the larger the parcel, the better the opportunity to create a plan for development that is the best interests of both the property and the community. Commissioner Youngman suggested that, with master planning of the entire parcel, the City has a better opportunity to identify the types of uses that would be compatible with existing development, which includes churches. She noted that when considering a small piece . of land, it is more difficult to plan around stream corridors. She suggested that with a more comprehensive plan, it is possible to incorporate the stream corridors into the amenities for the area, possibly designating the areas along the streams as parkland or providing for trails along the streams. City Manager Wysocki suggested that referring this application back to the Planning Board could minimize the amount of additional work which may be needed to address a revised plan and, thus, reduce the review time. Mr. John Marks forwarded his concurrence with the comments which have been made, noting that nine months ago, he proposed to the property owners that the whole parcel be master planned. He stated that they are concerned that a conceptual master plan of the . area could limit their options for future development; and they are also concerned that the City will require annexation before they are prepared to develop the property. He asked if the City can provide any assurance that master planning will not trigger annexation, since there are many costs associated with annexation. City Manager Wysocki responded that there is no need for immediate annexation. He suggested, rather, that the property could be annexed in phases, as development occurs. 06-03-96 ~ ..-.-,---.. -------.-------.--.-... ------.-..-.-.--- - 14 - City Attorney Luwe stated that if this application is referred back to staff and is substantially revised, it will be subject to new notice and publication requirements. He stated that if discussions with the adjacent property owners do not result in any changes in the application, then it will be placed on a future agenda for decision. . Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission refer this master plan amendment request back to the Planning Board, for further consideration in the context of a conceptual master plan of the entire parcel and contiguous properties, if possible, and consideration of the westward extension of Kagy Boulevard. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearina - COA with deviation from Table 18.65.050.C.. Bozeman Municical Code, to allow sign to encroach 3 feet into reauired 15-foot front yard setback on Lots 1 and 2, Block 4, North 7th Addition - Bridger Pawn for Heinz Boeckman, 1012 North 7th Avenue (Z-9634) . This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by Bridger Pawn for Heinz Boeckman, under Application No. Z-9634, with a deviation from Table 18.65.050.C., of the Bozeman Municipal Code, to allow a freestanding sign to encroach 3 feet into the required 15-foot front yard setback on Lots 1 and 2, Block 4, North 7th Addition. The subject property is more commonly located at 1012 North 7th Avenue. Assistant Planner Christopher Williams presented the staff report. He stated that the applicant proposes to erect a freestanding sign on one of the two existing sign poles on the site. He noted that the sign code allows a maximum 28-square-foot sign at a maximum height of 13 feet. He indicated that the proposed sign is a 24-square-foot sign, or 14 percent less . than the maximum; and it's overall height is to be 12 feet 6 inches. He noted that when the sign is centered on the existing pole, it will encroach 3 feet into the required 15-foot front yard setback. The Assistant Planner stated that under the Design Objective Plan, signs are to be reviewed for their impact on mountain views. He noted that since the sign is smaller and lower than allowed, staff believes the impact on mountain views will be minimized. He further noted 06-03-96 ------ - 15 - that granting the three-foot deviation is not contrary to the intent of the code. Assistant Planner Williams stated that the Design Review Board considered this application at their May 14 meeting, and unanimously concurred in staff's recommendation for approval, subject to three conditions. He briefly reviewed those conditions, noting that the . applicant has already removed the flashing beacons from the windows of his store. Commissioner Frost asked if there is any time limit on when the second sign pole is to be removed; Assistant Planner Williams suggested that it be removed before the other sign is installed. Commissioner Frost concurred with the Planner's suggestion, and proposed that language be added to Condition No.2 to specify when the pole is to be removed. He noted that, with that addition, he can support approval of this application. 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. There were no Commissioner objections to waiving the customary one-week waiting . period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness, as requested by Bridger Pawn for Heinz Boeckman, under Application No. Z-9634, with a deviation from Table 18.65.050.C., of the Bozeman Municipal Code, to allow a freestanding sign to encroach 3 feet into the required 15- foot front yard setback on Lots 1 and 2, Block 4, North 7th Addition, subject to the following conditions: 1. The applicant shall remove the flashing beacons that are currently placed in the store's windows; 2. The applicant shall remove the pole situated closer to North 7th Avenue prior to obtaining a sign permit; and . 3. The applicant shall obtain a sign permit before the sign is erected. 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, none. Adiournment - 7:40 c.m. There being no further business to come before the Commission at this time, it was 06-03-96 --. ~.,_... - 16 - moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No, none. . ~Ot1>1 f /5~ D E. STUECK, Mayor ATTEST: ~ rI J#~ ROBIN L. SULLIVAN Clerk of the Commission . . 06-03-96