HomeMy WebLinkAbout1995-09-05 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 5, 1995
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e The Commission of the City of Bozeman met in regular session in the Commission
'~ Room, Municipal Building, September 5, 1995, at 3:00 p.m.
Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner
Frost, 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.
None of the Commissioners requested that any of the Consent Items be removed
for
discussion.
Minutes - August 7. Auaust 14. Auaust 21 and August 28. 1995
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
minutes of the meetings of August 7 and August 28, 1995, be approved as
amended, and the
. minutes of the meetings of August 14 and August 21, 1995, be approved as submitted. The
motion carried by the following Aye and No vote:
those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and
Mayor Vincent;
those voting No, none.
Decision - COA with deviations from Sections 18.18.030. 18.18.050 and 18.50.050.C.
to
allow detached two-car garaae with aDartment above to encroach 7% feet
into 8-foot side yard
and 19 % feet into 20-foot rear yard setback. to allow accessory structure
to exceed height of
I!rinciDal structure by 3% feet. and to allow two dwellina units on 7 .OOO-sauare-foot
lot - Lots
11 and 12, Block 26. Park Addition - GregorY Moraan (501 West Story Street)
(Z-9586)
This was the time and place set for the decision on the Certificate of
Appropriateness
with deviations from Sections 18.18.030, 18.18.050 and 18.18.050.C of the
Bozeman
. Municipal Code, as requested by Gregory Morgan, under Application No. 2-9586,
to allow a
detached two-car garage with second-story apartment to encroach 7% feet into the 8-foot side
yard and 19 % feet into the 20-foot rear yard setback, to allow an accessory
structure to
exceed the height of the principal structure by 3 % feet, and to allow
two dwelling units on a
7,OOO-square-foot lot, on Lots 11 and 12, Block 26, Park Addition. The
subject site is more
commonly located at 501 West Story Street.
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Associate Planner/Urban Designer Patrick Morris distributed a memo dated
September
5, in which he proposed that a condition be added to possible approval
of this application, to
require that the driveways for the two parts of the garage be separated,
in compliance with the
Bozeman Municipal Code. He noted that, since two separate residential units
are located on
. the same lot, this requirement is triggered; and adding the condition simply puts the property
on notice of this requirement.
Responding to Commissione
r Stiff, the
Planner stated that the
applicant's
representative has been made aware of this requirement.
Responding to Commissioner Stueck, the Associate Planner stated that the
separation
may be on the same level as the driveway; and that separation must include
a break in the
concrete, possibly through the installation of a ground-level planter.
He then stated it appears
the break will not create any problems in accessing the garage as originally
proposed.
Commissioner Frost stated he was concerned about fire safety issues; however,
if the
applicant follows code requirements and provides the appropriate fire wall,
he can support this
application.
. Commissioner Youngman stated that she feels this application represents
a practical
way for private individuals to participate in providing affordable housing
in the community. She
then indicated her intent to support this application.
Mayor Vincent stated his opposition to this application, although he recognizes
its
substantial architectural merit.
He questioned whether the additional living unit will be truly
affordable, noting it will not add significantly to the number of affordable
units available. He
reminded the Commission that the deviation process is designed to provide
for some flexibility
in relaxing the standards to accommodate projects in exchange for design
excellence. He
expressed strong concern that in this instance, the requested deviation
for the size of the lot
represents a 30-percent deviation; and the requested deviations from the
setback requirements
represent 91 percent on one side and 96 percent on the other side. He stated
that reasonable
. deviations can be supported; however, he does not believe these requested deviations
represent reasonableness. He also expressed concern about the undesirable
precedent that
approving deviations for greater than 90 percent will set for future considerations.
He
cautioned the Commission that if the adjacent property owner decided to
seek the same type
of deviations, two structures could potentially be eighteen inches apart;
and he does not believe
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that the Commission could deny a second application after approving the
first application. He
then reiterated his position that, while the proposed plan seems to have
merit, he cannot
support the requested deviations.
Commissioner Frost stated he feels it is important to consider every application
for
. deviations individually and base the decision on the merits of the specific proposal as well as
any potential impacts on the neighborhood and on-street parking. He noted
that in this
instance, the impacts on the neighborhood will be less by approving the
requested deviations;
and he feels that approval is appropriate.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that
the
Commission approve the Certificate of Appropriateness with deviations from
Sections
18.18.030, 18.18.050 and 18.18.050.C of the Bozeman Municipal Code, as
requested by
Gregory Morgan, under Application No. Z-9586, to allow a detached two-car
garage with
second-story apartment to encroach 7% feet into the 8-foot side yard and
19% feet into the
20-foot rear yard setback, to allow an accessory structure to exceed the
height of the principal
structure by 3% feet, and to allow two dwelling units on a 7,000-square-foot
lot, on Lots 11
. and 12, Block 26, Park Addition, subject to the following conditions:
1. The
location of existing water and sewer mains, as well as fire
hydrants
within 500 feet shall be accurately depicted on the final
site
plan (FSP);
2. Existing
and proposed sewer and water services and sizes shall be
shown
on the final site plan and approved by the Water/Sewer
Superintendent.
Separate sanitary sewer service is required and
City
of Bozeman Applications for Sewer and Water Service shall
be
completed by the applicant at the Engineering Department;
3. Proposed
sewer service shall be made to the existing 16-inch ACP
sewer
main in West Story Streetg;
4. Water
service for the proposed
garage/apartment can be
connected
to the water service of the existing house as long as
the
connection is made downstream of the meter. The existing
water
meter shall meter both the existing house and the proposed
garage/apartment;
. 5. All
water and sewer mains, service lines and easement, both
existing and proposed, shall be shown
on the finallandscaDe plan;
6. The
north wall of the structure must provide
1-hour fire
protection;
7. The
apartment must contain one room that provides 150 square
feet
of area per CABO "One and Two Family Dwelling Code";
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8. The
final site plan shall be revised to preclude paving within the
public
right-of-way (the driveway cannot be connected to the
public
right-of-way sidewalk);
9. In
order to ensure protection of the public health, safety and
general
welfare, any lighting proposed in conjunction with the
apartment/garage
structure shall be arranged so as to deflect light
down
and/or away from adjoining residential properties and shall
. not
detract from driver visibility on adjacent streets;
10. The applicant shall provide physical
separation of the driveway per
Section
18.50.120.J of the Bozeman Municipal Code, with said
physical
separation to consist of a minimum 2-foot by 4-foot
planter,
or similar form of separation, subject to review and
approval
by the Planning Office; and
11. 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
Stiff, Commissioner Stueck, Commissioner Frost and Commissioner Stiff;
those voting No being
Mayor Vincent.
Preliminarv Dlat review - Yellowstone Peaks Subdivision - Subdivide 6.15
acres located in the
. SE 14. SW14. Section 11. T2S. R5E. MPM. into 44 residential townhouse lots - Dennis Balian
(2700 block of West Babcock Street) (P-9533)
This was the time and place set for review of the preliminary plat for
Yellowstone
Peaks Subdivision, as requested by Dennis Balian under Application No.
P-9533, under which
6.15 acres located in the southeast one-quarter, southwest one-quarter,
Section 11, Township
2 South, Range 5 East, Montana Principal Meridian, is to be subdivided
into 44 residential
townhouse lots.
The subject property is located along the north side of the 2700 block of
West Babcock Street.
Associate Planner/Urban Designer Patrick Morris presented the staff report.
He noted
that the subject property is located along the north side of West Babcock
Street, immediately
west of the Panorama West Apartments. The main access to the subject property
is to be from
West Babcock Street, with a secondary access to be provided via an extension
of West
. Mendenhall Street. In conjunction with this application, the developer is to pave the extension
of West Mendenhall Street, including the off-site portion which is adjacent
to the Panorama
West Apartment project.
The Associate Planner stated that at the August 15 meeting, the City-County
Planning
Board conducted its public hearing on the requested subdivision, taking
into consideration the
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five public interest criteria set forth in the Montana Code Annotated as well as the staff's
comprehensive findings on each of those criteria, as reflected in the written staff report. He
stated that, following that public hearing, the Board concurred in the staff's recommendation
for approval, subject to several conditions.
. Associate Planner Morris stated that, in response to the Planning staff's comments,
prior to the City-County Planning Board meeting, the applicant submitted a revised plan which
essentially reverses the subdivision as originally proposed.
He noted that under the new
proposal, Sunlight Avenue, which is the north/south street in the subdivision, is to be located
close to the eastern property line, with all of the lots located along the west side of the
property. This configuration will provide for a more desirable offset in the alignment of streets
off this portion of West Babcock Street, with roadways approximately every two blocks. The
strip of land between Sunlight Avenue and the east property line and the strip along the north
edge of the property are to be designated as park area; and a pathway is to be provided along
that strip of land which provides access from West Babcock Street to the parkland area in
Greenway Subdivision, which is just northeast of the subject property. The Planning Board
. discussed this proposed parkland configuration at length, and concluded that it is appropriate
for this subject parcel.
Responding to Commissioner Frost, the Associate Planner stated that Sunlight
Avenue
is to be a 400-foot-long cul-de-sac street; and the maximum allowed under the code is 500
feet.
Further responding to Commissioner Frost, the Associate Planner stated
that under
Condition No. 16, trees along the eastern side of Sunlight Avenue are to be located within the
park area. The trees along the western side of Sunlight Avenue are to be street trees and are
to be maintained by the individual property owners.
Responding to additional questions from Commissioner Frost, the Associate
Planner
stated that the looped water system, along with all infrastructure improvements, are to be
. installed prior to final plat approval. He noted that, under State
statutes, the applicant has
three years from the date of preliminary plat approval to complete improvements and obtain a
final plat approval.
Commissioner Frost suggested that Condition No. 26 be revised to reflect
that the
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developer is responsible for paving of West Mendenhall Street, and to create
parallel
construction with the other conditions.
Commissioner Stueck suggested that Condition No. 36 be revised to require sidewalk
along the western side of Sunlight Avenue only, since the path in the parkland
along the east
. side of the road will provide for pedestrian circulation. He then asked if this pathway should
be hard surfaced, to meet ADA regulations.
Associate Planner Morris stated that surfacing of the path should be determined by
the Park Department.
He then noted that several of the conditions were amended at the
Planning Board; however, those amendments have not been reflected in the
resolution
forwarded in the Commissioners' packets. He stated that conditions which
should be amended
include Nos. 16, 26 and 36.
Mr. Dennis Balian, applicant, reviewed the conditions which need revisions, in light
of the Planning Board meeting and subsequent resolution. He briefly addressed
No. 16, noting
that the Planning Board recommended that a landscape plan for the east
side of Sunlight
Avenue be submitted for review and approval by the Recreation and Parks
Advisory Board
. rather than requiring street trees along that side of the street. He forwarded his position that
Condition No. 24 is moot because he never proposed a cash-in-lieu payment
for parkland
dedication. He then suggested that the last sentence in Condition No. 35
be deleted, to require
that sidewalks be installed along only the west side of Sunlight Avenue.
He noted that under
Condition No. 36, sidewalks are to be installed along all street frontages
not abutting parkland.
He expressed concern that Condition No. 44 prohibits the use of valley
gutters at uncontrolled
intersections as an acceptable storm drainage system. He recognized that
this might be the
Engineering Department's preference; however, he is not certain that it
is a requirement. He
stated that the alternative to use of valley gutters is to install 400
feet of storm drain to access
the detention pond, at a significant cost.
Following a brief discussion, Planning Director Epple noted that the Commission must
. act to approve the Findings of Fact and Order for this subdivision after
it takes action on the
preliminary plat; and the revised conditions will be included in that document.
Responding to Commissioner Youngman, Associate Planner Morris stated that the
issue of valley gutters was not discussed during the Planning Board hearing.
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It was moved by Commissioner Stueck, seconded by Commissioner Frost, that
the
Commission approve the preliminary plat for Yellowstone Peaks Subdivision,
as requested by
Dennis Balian under Application No. P-9533, under which 6.15 acres located
in the southeast
one-quarter, southwest one-quarter, Section 11, Township 2 South, Range
5 East, Montana
. Principal Meridian, is to be subdivided into 44 residential townhouse lots, subject to the
following conditions:
1. The
final plat shall conform to the Uniform Standards for Final
Subdivision
Plats, contain all appropriate certificates, and be
accompanied
by all appropriate documents, including Platting
Certificate;
2. The
following note shall be added to the plat:
Due to the relatively high groundwater table
within the subdivision, it is not recommended
that residences with full or daylight basements
be constructed;
3. The
County Weed Control Officer shall approve a weed control
plan
for the subdivision, and a signed copy of the plan shall be
submitted
to the Planning Office prior to final plat approval;
4. The
developer shall obtain
an on-site
investigation which
. determines
if any hydric soils are present, and shall mitigate as
required by the appropriate agency;
5. Preliminary
plat approval does not exempt the developer from
impact
fees established at a later date which are based on final
plat
approval or building permit approval. Final plat approval(s)
shall
be subject to any impact fees which are implemented prior
to
said final plat approval. Development of individual lots shall be
subject
to any
impact fees applicable to
building permit
applications
implemented prior to building permit approval;
6. The
developer shall have three years from the date of preliminary
plat
approval to complete the above conditions and apply for final
plat
approval of all phases of the subdivision;
7. Approval
from the
Subdivision Program of
the Montana
Department
of Health and Environmental Sciences Water Quality
Bureau
must occur prior to final plat approval, pursuant to Section
16.16.101
through 16.16.805, ARM;
8. If
it is the developer's intent to file the plat prior to the completion
of
all required improvements, an Improvements Agreement shall
. be
entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance
with the preliminary
plat submittal information and conditions
of approval. If the final
plat
is filed prior to the installation of all improvements, the
developer
shall supply the City of Bozeman with an acceptable
method
of security equal to 1 50 percent of the cost of the
remaining
improvements;
9. Appropriate
utility easements shall be located at the front and rear
of
each lot, and along the north side of proposed Lot No. 11;
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10. That
a "no access" note shall be placed on the final plat
restricting
access to West Babcock Street from proposed Lot No.
1
;
11. The
final plat shall reflect the ultimate subdivision of the property;
12. The
proposed "open space" shown on the preliminary plat shall be
dedicated
as park land to the City of Bozeman. The final plat shall
. indicate
this dedication and shall reference this land as "Public
Park";
13. That
the developer request that the City Commission institute a
park
improvement/maintenance district for this development prior
to
final plat approval. If the City Commission elects not to form
a
district at this time, then the property owner shall provide and
file
with the Clerk and Recorder's Office, an executed waiver of
right
to protest the creation of a park improvement/maintenance
district.
If needed in the future, the park district may be increased
in
size and take the place of this park district, in order to
incorporate
other park land in the area;
14. Annexation
of the subject property shall be completed prior to
final
plat approval;
15. The
final plat shall reflect the ultimate subdivision of the subject
property
and in accordance with City policy, individual water and
sewer
stubs shall be provided to each individual lot;
16. The
applicant shall submit a landscape plan for the parkland along
. the
east side of Sunlight Avenue to the Planning Office, for review
and approval prior to final plat approval
in lieu of providing street
trees. In addition, prior to final plat
approval the developer shall
provide
water service stubs to the satisfaction of the Park
Superintendent
for irrigation of the future park;
17. Proposed
water main extension will not be considered complete
and
will not be accepted until it is adequately looped per City of
Bozeman
standards and both sources of supply are fully usable,
with
the looping to be completed within three years from the date
of
preliminary plat approval or prior to final plat approval,
whichever
occurs first;
18. All
water and sewer main extensions and service stubs must be
installed,
tested, approved and accepted by the City of Bozeman
prior
to issue of any building permits for the project;
19. Copy
of easement indicated on preliminary plat as "street and
utility
easement (hatched)" must be provided with review plans
for
water and sewer improvements;
20. Easement
must provide driveable access to manhole shown at
. west
end of easement;
21. All
applicable regulatory and street marker signs shall be installed
by
the developer and in accordance with City standards;
22. Park
area shall have all fencing material, construction debris, and
other
trash removed. Area shall be leveled and any disturbed
areas
reseeded, as to allow mowing with turf type mowers;
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23. All
survey property pins on the park boundary shall be delineated
with
flat flexible fiberglass posts * of minimum of 6 feet in length
with
no less than 2 feet driven into the ground. Each post shall
be
labeled with a permanent glue on sign * * stating Park
Boundary.
* Posts shall be equivalent to CARSONITE type - 6 feet
long
by 3 inches wide, white or brown in color. * *Sign shall be
permanent
glue on outdoor type approximately 2 3!4 inches by 14
inches
stating PARK BOUNDARY or PROPERTY BOUNDARY;
. 24. The
Board rejects the cash-in-lieu of park and requires a park with
tot lot 1!9 the size of the subdivision
be included adjacent to West
Mendenhall
Street;
25. Annexation
of the property must be completed prior to extension
of
City sewer and water mains, and filing the final plat. This
comment
assumes the SID waivers of right to protest included in
the
Commission's conditions of annexation are provided with the
Annexation
Agreement;
26. The
developer is to construct improvements to West Mendenhall
Street
east of the property, at a minimum to paved County
standard,
to connect to West Mendenhall Street improvements in
Far
Western Subdivision prior to final plat approval;
27. The
final improvement drawings shall be adequately dimensioned;
28. A
Stormwater Drainage/Treatment Plan for a system designed to
remove
solids, silt, oils, grease, and other pollutants must be
provided
to and approved by the City Engineer. The plan must
. demonstrate
adequate site drainage (including sufficient spot
elevations), the hydraulic and drainage
treatment properties of the
proposed vegetated roadway swales, stormwater
detention!
retention
basin details (including basin sizing and discharge
calculations,
and discharge structure details), and stormwater
discharge
destination.
A
stormwater drainage/treatment facilities must be prepared and
submitted
to the City Engineer for approval. The plan must
include
the following provisions; description of maintenance
operations,
frequency of inspections and maintenance, responsible
parties,
and record keeping methodology. It will ultimately be the
responsibility
of the Homeowner's Association to ensure that the
maintenance
plan is
consistently enforced. It
is further
recommended
that implementation of the plan be included in the
covenants
and, therefore, a condition of plat approval;
29. A
site grading plan shall be prepared as a supplement to the
project
improvement drawings. The plan shall include at a
minimum
existing contours,
contours after the
street is
constructed
but before development grading, spot elevations and
flow
directional arrows. The plan must demonstrate adequate
. drainage
to an acceptable discharge device (Le., street gutter,
drainage swale, or storm drain inlet).
The plan should be used to
establish
street and building foundation grades. If the grading
design
discloses any adverse impact to off-site properties,
necessary
design alterations and/or drainage conveyance devices
and
easements must be provided;
30. Plans
and specifications for any water, sewer and/or storm sewer
main
extensions, and public or private streets (including curb,
gutter
and sidewalks) prepared by a Professional Engineer (PE)
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licensed
in the State of Montana shall be provided to and
approved
by the City Engineer. Water and sewer plans shall also
be
approved by
the Montana Department
of Health and
Environmental
Sciences. The
applicant shall also
provide
professional
engineering services for construction inspection, post-
construction
certification, and
preparation of
mylar record
drawings.
Specific comments regarding the existing and proposed
infrastructure
shall be provided at that time. Construction shall
e not
be initiated on the public infrastructure improvements until the
plans, specifications and shop drawings
have been approved and
a preconstruction conference has been
conducted.
No
building permits will be issued prior to City acceptance of the
infrastructure
improvements;
31. All
infrastructure improvements including 1) water and sewer main
extensions,
and 2) public or private streets including curb/gutter,
sidewalks,
and storm drainage infrastructure improvements shall
be
financially guaranteed or constructed prior to final plat filing.
No
building permits will be issued prior to completion and
acceptance
of the public infrastructure improvements;
32. The
design report shall include a roadway design section. The
report
must include an analysis of the on-site and future public
right-of-way
soil conditions, special grading recommendations,
roadway
bearing capacities, the impacts of groundwater on the
design,
projected traffic loadings, and street section(s) design.
The
design must incorporate the findings of an independent on-
site
investigation and
existing groundwater
monitoring
e investigations;
33. Easements for the water and sewer main
extensions shall be a
minimum of 30 feet in width, with the
utility located in the center
of
the easement. In no case shall the utility be less than 10 feet
from
edge of easement. All required easements shall be provided
prior
to final plat approval;
34. The
location of existing water and sewer mains shall be properly
depicted,
as well as nearby fire hydrants. Proposed main
extensions
shall be noted as proposed;
35. All
proposed roadways shall be constructed to a standard City
street
section, i.e., 60-foot right-of-way, 37-foot back-of-curb to
back-of-curb,
5 Y2-foot planted boulevard (used for snow storage),
and
5-foot sidewalks on both sides of the roadways;
36. City
standard sidewalk shall be installed and properly depicted at
the
standard location (i.e., 1 foot off property line) along both
street
frontages along West Mendenhall Street and along the west
side
of Sunlight Avenue. Any deviation to the standard alignment
or
location must be approved by the City Engineer. Sidewalks
e shall
be constructed by lot owners within three (3) years of the
plat approval regardless of whether
other improvements have
been made to the lot(s).
The
developer shall install a pedestrian pathway through the
parkland
along the east side of Sunlight Avenue, per plans which
have
been submitted
to, and approved
by, the Park
Superintendent
and the Planning Office. These improvements
shall
be completed prior to the plat approval or secured by an
improvement
agreement and financial guarantee;
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37. All
existing utility and other easements must be shown on the
final
improvement drawings;
38. Public
street intersection sight triangles shall be free of plantings
which
at mature growth will obscure vision within the sight
triangle;
39. Since
construction activities related to the project results in the
. disturbance
of more than 5
acres of natural
ground, an
erosion/sediment control plan may be
required. The Montana
Department of Health and Environmental
Sciences, Water Quality
Bureau
shall be contacted by the applicant, to determine if a
Storm
Water Discharge Permit is necessary. If a permit is required
by
the State, the developer shall demonstrate to the City full
permit
compliance;
40. The
developer's engineer
shall be required
to prepare a
comprehensive
design report evaluating existing capacity of water
and
sewer utilities. The report must include hydraulic evaluations
of
each utility for both existing and post-development demands.
The
report findings must demonstrate adequate capacity to serve
the
full development.
If
adequate water and/or sewer capacity is not available for full
development,
the report must identify necessary water system
and
sewer system improvements required for full development.
The
developer shall be responsible to complete the necessary
system
improvements to serve the full development;
. 41. The
water system must be designed to provide looping in
accordance with established City policy;
42. Applicant
shall provide and file with the County Clerk and
Recorder's
office executed waivers of right to protest creation of
SID's
for the following:
a.
Street improvements to Babcock Avenue and to Durston
Avenue, including paving, curb/gutter, sidewalk,
and
storm drainage,
b.
Street Signalization to Durston and 19th,
c.
Park maintenance and/or improvement districts, and
d.
North 17th collector sewer improvements;
43. The
proposed Sunlight Avenue shall be relocated to the east side
of
the subject property. Based on a review of the undeveloped
property
to the west, its very likely that a future road on said lot
can
only be located in the center of the property, i.e., only one lot
. separation
between parallel street. Current City policy as well as
safe engineering practice is to provide
a minimum of two lot
separation between parallel streets;
44. The
applicant's engineer shall design a storm drain system to
alleviate
flooding in the
proposed roadways.
Spacing of
catchment
facilities will be dictated by the roadways ability to
contain
a 10-year, 2-hour storm below the top of curb. Valley
gutters
are prohibited across uncontrolled intersections, unless
approved
by the City Engineer. West Mendenhall Street will likely
be
a through movement roadway (no stop sign for east-west
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traffic)
. Catch basins must be constructed on both sides of
Sunlight
Avenue, south of West Mendenhall Street;
45. "Complete"
drainage calculations for the subdivision shall be
submitted
to the Engineering Department for review and approval
prior
to improvement plan approval. The calculations submitted
were
incomplete; and
. 46. The
property is subject to the following payback(s) prior to final
plat approval:
a.
S.I.D. No. 622.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Vincent;
those voting No, none.
Ordinance No. 1405 - deannexation of east block face of 600 block of South
15th Avenue
from the MSU Residential Parking District
Previously distributed to the Commissioners was a copy of Ordinance No.
1405, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1405
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING
SECTION 10.32.395.A, PERTAINING TO THE AREA DESIGNATED AS THE
MSU RESIDENTIAL DISTRICT TO REDUCE THE AREA TO BE INCLUDED
WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M OF THE
BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR
REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-
STREET PARKING PERMIT REGULATION PROGRAM.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission finally adopt Ordinance No. 1405, deannexing the east side
of the 600 block
of South 15th Avenue from the MSU Residential Parking District. The motion
carried by the
following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those
voting No,
none.
.
Continued discussion - determination to imDlement elements of housina Dolicv
throuah zone
code revisions preDared bv a consultant
City Manager Wysocki reminded the Commission that action on this item was
delayed
at the Commission meeting held two weeks ago, to allow Commissioner Youngman
an
opportunity to participate in the discussion and decision.
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Commissioner Stiff forwarded his continued concern about using a consultant to
prepare proposed zone code revisions. He suggested that the Commission ask
staff for a
couple pages of possible modifications, which the Commission could then review and determine
which items should be pursued. He stated that he is extremely concerned about simply getting
. a draft of a document which contains another city's name; rather, he wants the document to
be completely tailored to Bozeman and its needs.
Commissioner Youngman stated that, since the recommendations forwarded must be
based on the affordable housing policy which the Commission has already adopted, she does
not believe that the proposed revisions could be bOilerplate. She forwarded her frustration that
the revisions have not yet been made; however, she also recognized that, until the
Commissioners can agree on what is to be included in the revisions, it is difficult to expect the
revisions to be completed. She noted that with staff's currently heavy workload, she does not
believe it would be possible for staff to complete the revisions by the end of the calendar year.
Commissioner Stueck recognized Commissioner Youngman's concerns as valid. He
suggested that both the Commissioners and staff write down their ideas for possible revisions,
. with the Commissioners then discussing those ideas and determining which should be pursued.
He stated that until those steps are completed, no consultant will be able to do any of the work
on code revisions that is being requested.
Commissioner Youngman stated her appreciation for the fact that staff has been able
to identify possible alternative sources of funding, including the CDBG Revolving Loan Fund.
She noted it is her strong preference to ensure that the Community Housing Fund monies
remain intact for use in providing affordable housing. She then stated she does not want to
wait for possible grant monies to complete the task; rather, she feels that preparation of the
request for proposals should begin immediately.
Commissioner Stiff stated that, as a result of watching a home being built for a family
member, he has become impressed with the contractor's concern about the budgetary aspect
. of the project since it must remain affordable. He then noted that those in the construction
industry could probably provide suggestions which could be beneficial in increasing the amount
of affordable housing available in the community.
City Manager Wysocki noted that a fairly comprehensive list will probably result from
Commissioners and staff; and a consultant could possibly add to that list of items.
09-05-95
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Responding to Mayor Vincent, City Manager Wysocki stated that if the request
for
proposals is completed quickly, the selection of a consultant and preparation
of the revisions
could be completed by the end of the calendar year.
Responding to Commissioner Youngman, Neighborhood Coordinator/Grantsperson
. James Goehrung stated that, since the monies spent for this project can result in substantial
long-term benefit to the community by providing more affordable housing,
the COBG Revolving
Loan Fund monies can appropriately be used.
Commissioner Frost stated that using a consultant is the most efficient
way to
implement the affordable housing policy; and he supports the use of COBG
Revolving Loan
Fund monies to complete the work.
Commissioner Stueck stated that, while he supports implementation of the
affordable
housing policy as quickly as possible, he is concerned about using monies
which could be
better used in providing affordable housing in the community to fund implementation
of the
policy. He then suggested that, rather than hiring a consultant, it may
be better to consider
hiring of another Planner I and free another member of the Planning staff
to complete the work.
. Commissioner Stiff stated he cannot support the hiring of a consultant
to complete
the zone code revisions, citing concerns about the potential of a consultant
attempting to use
another city's plan as the basis for the revisions. He reiterated his position
that preparation of
the revisions can be better handled in-house.
It was moved by Commissioner Youngman, seconded by Commissioner Frost,
that
the Commission authorize and direct staff to prepare a request for proposals,
for a consultant
to prepare zone code revisions to implement the affordable housing policy
before the end of the
calendar year, taking into consideration the list of items developed by
the Commissioners, City
staff, the building community and any other interested parties, with the
costs to be paid from
the COBG Revolving Loan Fund unless grant monies are obtained to offset
the costs, and with
_ the request for proposals to be submitted to the Commission for ratification prior to advertising.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Frost, Commissioner Stueck and Mayor Vincent; those
voting No
being Commissioner Stiff.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that
the
Commission appoint Commissioner Youngman to serve on the committee to prepare
the request
09-05-95
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for proposals and select a consultant. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Stiff and
Mayor Vincent; those voting No, none. Commissioner Youngman abstained.
. Ordinance No. 1406 - amendinQ ChaDters 18.04. 18.42. 18.50. 18.51. 18.52.18.53. 18.54.
18.56. 18.58. 18.62 and 18.65 of Bozeman MuniciDal Code. to incorDorate comDrehensive
- zone code amendments
Previously distributed to the Commissioners was a copy of Ordinance No.
1406, as
approved by the City Attorney entitled:
ORDINANCE NO. 1406
AN ORDINANCE OF THE CITV COMMISSION OF THE CITV OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS
AMENDED BV ORDINANCE NO. 1374, WHICH ORDINANCE IS NOT
CURRENTL V
CODIFIED IN THE BOZEMAN
MUNICIPAL CODE,
BE
AMENDED BV REVISING SECTIONS 18.04.010, 18.04.520, 18.42.010,
18.42.020, 18.42.030, 18.42.040, 18.42.050, 18.42.060, 18.42.070,
18.42.080, 18.42.100, 18.43.020, 18.43.030, 18.43.040, 18.43.050,
18.43.060, 18.43.070, 18.43.080, 18.43.090, 18.50.100, 18.50.120,
18.51.010, 18.51.020, 18.52.010, 18.52.020, 18.52.030, 18.52.050.
18.52.060, 18.52.080, 18.53.010, 18.53.020, 18.53.030, 18.53.040,
18.53.050, 18.54.030, 18.54.040, 18.54.050, 18.54.060, 18.54.070,
. 18.54.080, 18.54.090, 18.54.100, 18.56.030, 18.56.090, 18.58.010,
18.58.020, 18.58.050, 18.58.090, 18.62.020, 18.62.090, 18.62.010,
18.65.030, 18.65.040, TABLE 18.65.050.B, TABLE 18.65.050.C AND
SECTION 18.65.080, AND BY ADDING NEW SECTIONS TO BE NUMBERED
AS SECTIONS 18.04.035, 18.04.515, 18.42.090 AND 18.52.055 OF
SAID CODE;
PROVIDING FOR
REVISIONS TO DEFINITIONS;
NEIGHBORHOOD CONSERVATION
DISTRICT; ENTRYWA V OVERLA V
DISTRICT;
GENERAL BUILDING AND DEVELOPMENT STANDARDS;
DESIGN REVIEW BOARD (DRB) AND DEVELOPMENT REVIEW COMMITTEE
(DRC); PLAN REVIEW AND APPROVAL; CONDITIONAL USE PERMIT;
PLANNED UNIT DEVELOPMENT; VARIANCE AND ADMINISTRATIVE
INTERPRETATION APPEALS PROCEDURES; PLAN APPEALS PROCEDURE;
ADMINISTRATION, PERMITS AND FEES; AND THE BOZEMAN AREA SIGN
CODE.
Included in this week's packet were several pages containing corrections
to the
ordinance as provisionally adopted, as a result of review of the ordinance since its provisional
adoption.
Commissioner Youngman suggested that, in addition to the revisions which
were
. included in the Commissioners' packets, the bulk of which she characterized as cross-reference
notes, she feels that Section 18.52.055.A should be revised to more specifically state that any
sketch plan or minor site plan application involving duplexes and larger will be subject to all
public notice requirements. She recognized that the section already requires that, but the way
it is written leads to confusion and could be more clearly stated.
Following discussion, the
09-05-95
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Commission concurred that the last sentence in the first paragraph should be rewritten, as
follows. "Also, wllithin overlay districts, fle public notice requirements shall apply for sketch
plan applications for other than singlc family residenccs unless ly@~il.ii~~#,Irlf@llili:;i.i:i::Iii:tf
:1,f:iiii:r?iNbiii a principal use is proposed to be established or intensified, and/or uRlcss a
'.':':':':':':':':':':':::::::::::::::::::::::::::::::::::::::::::::::::::;:::::
. deviation from the underlying zoning is requested."
Commissioner Frost stated his interest in seeing an index prepared, to make the zone
code easier to use.
Commissioner Stueck recognized the good provisions which are included in these zone
code amendments; however, he forwarded his continued concern about some of the provisions.
He also expressed concern about adopting these revisions in light of the late public input which
was recently received, suggesting it may be better to reopen the public hearing and review the
revisions once again before adopting them.
Commissioner Frost reminded the Commission that the zone code is a fluid document,
which can be revised to address changing community needs. He noted, in fact, that the zone
code was changed substantially within its first two years, based in large part on citizen input;
. and he believes the document is a better one. He then characterized these revisions
as an
additional improvement to the document.
Responding to Commissioner Youngman, the City Attorney stated that, while the
Commission directed staff to prepare a flow chart for submittal to the Commission prior to final
adoption of the ordinance, it is not necessary to adopt the flow chart as a part of the
ordinance.
Commissioner Youngman suggested that a notation be added to the flow chart to
inform the public that free architectural advice is available on small projects which the property
owner is pursuing.
Commissioner Youngman recognized that the initial request for these amendments
came just before she and Commissioner Stueck were seated on the Commission; however, she
. also noted that they became involved early in the process and recognized the proposed
amendments as beneficial to the overall zone code.
Commissioner Youngman then suggested that the Commission consider some type
of framework for accepting and considering zone code amendments forwarded by the public,
rather than requiring individuals to apply and pay for a zone code amendment application.
09-05-95
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Commissioner
Stiff recognized that this ordinance should have been adopted a long
time ago.
He also concurred with Commissioner Stueck's comments, noting that while he
supports adoption of the revisions, he is concerned about some of the provisions.
He stated
that, on the whole, he feels that adoption of these revisions is in the
best interests of the
. community and, therefore, supports final adoption of the ordinance.
Responding
to Mayor Vincent, City Attorney Luwe stated that the Commission has
met the public participation requirements in considering these amendments.
He then noted that
the effective date of this ordinance must be revised, since State law specifically
states that the
effective date must be a minimum of 30 days after final adoption.
Mayor
Vincent noted the time lag between approval of the zone code amendments
and adoption of the ordinance enacting them.
He also recognized that the document is not
perfect; however, he noted that the amendments will result in improvements
to the zone code.
He also recognized that the zone code is fluid and can be changed again,
particularly if it is
determined that something is not working properly.
He characterized the zone code which
result from incorporation of these amendments as the new base document
from which the new
. Commission may begin.
Commissioner
Stueck stated that, while he does not fully support the amendments
contained in the ordinance, he recognizes the benefit that some of them
provide as well as the
Commission's ability to change the code in the future; therefore, he will
support the final
adoption of the ordinance.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission finally adopt Ordinance No. 1406, amending various sections
of zone code as
contained in Title 18 of the Bozeman Municipal Code, as amended to include
the corrected
pages and the amendment forwarded by Commissioner Youngman, above. The
motion carried
by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner
Frost, Commissioner Youngman, Commissioner Stueck and Mayor Vincent; those
voting No,
. none.
Ordinance No. 1407 - ADDroDriation Ordinance for Fiscal Year 1995-1996
Included in the Commissioners' packets was a copy of Ordinance No. 1407, as
approved by the City Attorney, entitled:
09-05-95
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ORDINANCE NO. 1407
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT
EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY
TO OPERATE
AND MAINTAIN
CITY SERVICES FOR
SALARIES,
OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF
MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30,
. 1996.
City Manager Wysocki noted that, included in the Commissioners' packets, was a
memo containing revised wording for the $100,000 line item in the Water
Plant budget unit
pertaining to the Sourdough Dam and water conservation. He then asked that
the Commission
approve the wording; they concurred in the revised language.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that
the
Commission finally adopt Ordinance No. 1407, the Appropriation Ordinance
for Fiscal Year
1995-1996. The motion carried by the following Aye and No vote: those voting
Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and
Mayor Vincent; those voting No, none.
. Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Copy
of the press release for the "We Share the Road" campaign.
(2) Copy
of the article A Negadam Runs Through It, published in the Spring
1995 edition of Rocky Mountain Institute Newsletter.
Commissioner Frost stated his appreciation for the article. He noted that
an article
which he submitted under "FYI Items" six years ago revealed that water
conservation measures
instituted in Phoenix had saved 300,000 gallons that year; and this article
reflects that even
greater savings can result from new technologies and conservation measures.
(3) Agenda for the Development Review Committee which was held at 1 0:00
. a.m. today in the Commission Room.
(4) Agenda
for the City-County Planning Board meeting to be held at 7:00 p.m.
on Wednesday, September 6, in the Commission Room.
(5) Agenda
for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, September 7, in the Commission Room.
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(6) Agenda for the County Commission meeting which was held at 1 :30 p.m.
today at the Courthouse.
(7) The City Manager submitted his weekly report, as follows.
(1) Continues
to participate in selection of a new Executive Director for the Bozeman Area Chamber of
. Commerce. (2) Met with the new City Manager in Livingston last week. (3) Announced that
construction of the improvements to the South 19th Avenue/West College Street intersection
will begin next week. (4) Reminded the Commissioners of the Montana League of Cities and
Towns Convention which is to be held in Billings on October 4 through 6. He asked that the
Commissioners let the Clerk know later today whether they plan to attend the convention or
not.
(8) The City Manager asked the Commissioners to forward ideas for the work
session to be held next week.
Commissioner Stiff noted that, from the original list of work session topics, one of
the outstanding topics is a discussion on contacting people who have gone through the zoning
review process to get their input on the process. He suggested that this information could be
. very valuable in determining any needed changes to the process in the future.
Commissioner Youngman stated that other possible subjects include a discussion on
water conservation/water efficiency measures with some of the interested citizens and experts
in the community. She suggested another possibility is discussion on a letter
to the Design
Review Board to follow up on the newly-adopted zone code revisions as well as a guest
editorial to dispel some of the confusion about what those revisions will accomplish.
(9) Commissioner Stiff noted that the Commission has received a letter from
Mrs. Furtak, a resident of Valley Unit Subdivision, regarding the installation of sidewalks in that
subdivision.
The City Manager stated that staff is researching the issue.
He noted that during
approval of several recent subdivisions, the Commission has included a condition that allows
. three years for the installation of sidewalks. He stated that this results in a reliance on
institutional memory to ensure that the sidewalks are installed at the end of that three-year
period; and some of the subdivisions are now reaching that timeline.
Commissioner Stiff suggested that, in light of the impacts on staff, it would be
09-05-95
-
20 -
appropriate for the Commission to require the installation of sidewalks
earlier in the subdivision
process.
(10) Commissioner Stueck announced that the ceremonies for signing
of the joint
proclamation for a "Tobacco Free Week" are to be held at 12: 15 p.m. on
Monday, September
. 25, at the Bozman Senior High School. He noted that those in attendance at the ceremonies
are invited to eat at the cafeteria.
(11 ) Commissioner Frost noted that during the public hearing on
the budget two
weeks ago, it was noted that a majority of the $10 million increase is
attributable to
infrastructure improvements, much of which has resulted from growth in
the community. He
also noted that, during review of the subdivision application which the
Commission just
approved today, the Police Chief expressed concern about the fact that
this growth is
stretching his personnel to their limits. He stated that, because of the
public safety concerns
that are being raised, he is encountering more difficulty in approving
more subdivisions in the
community.
(12) Commissioner Youngman thanked staff for their efforts in
getting a four-way
. stop installed at the intersection of North 19th Avenue and Durston Road.
(13) Commissioner Stiff submitted the following.
(1) Stated he has received
several telephone calls from merchants along West Main Street expressing
concern about the
fact that blacktopping of the new section of road is to begin at the American
Furniture
Warehouse and move eastward. He noted that, following discussions with
the superintendent
of the project and the Manager of Main Mall, the contractor has agreed
to begin paving at West
Babcock Street as soon as the base is ready. (2) Noted that two of the
three Bozeman Hawk
teams won their games against teams from Billings over the weekend.
(14) Mayor Vincent cited some statistics about cigarette smoking,
noting that
every years, 33 percent of whose who smoke try to quit.
He stated that only 3 percent of
. those people are successful, compared to a 17-percent success rate for
those who try to end
their use of alcohol or drugs.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
09-05-95
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Commission Resolution No. 3075 - setting mill levies for Fiscal Year 1995-
1996
COMMISSION RESOLUTION NO. 3075
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE
CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE
. PROPERTY
SITUATED WITHIN THE
CORPORATE JURISDICTIONAL
BOUNDARIES OF THE CITY FOR FISCAL YEAR 1995-1996.
Commission Resolution No. 3076 - ioint resolution with County Commission
authorizina
creation of administrative board to oversee the
establishment
and oDeration of ioint center for communication.
disDatch
services and records for law enforcement and authorizina
hirina
of Communications Systems Director
JOINT RESOLUTION
CITY COMMISSION RESOLUTION NO. 3076
COUNTY RESOLUTION NO. 1995-48
A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, AND THE BOARD OF COMMISSIONERS FOR GALLATIN
COUNTY, MONTANA, CREATING AN ADMINISTRATIVE BOARD TO
GOVERN THE ESTABLISHMENT AND OPERATION OF A JOINT CENTER
FOR COMMUNICATION, DISPATCH SERVICES AND RECORDS FOR LAW
ENFORCEMENT AND AUTHORIZING THE HIRING OF A COMMUNICATIONS
SYSTEMS DIRECTOR.
. Reauest
for Dermission to
conduct Bozeman Senior
High School
Homecomina Parade - Saturday. SeDtember
16. 10:00 a.m. -
Main
Street from Rouse Avenue to 15th Avenue
Reauest for Dermission to conduct MSU Homecoming Parade - Saturday.
SeDtember
23. 10:00 a.m. - Main Street from Rouse Avenue to
11th
Avenue
Authorize City Manager to sign - AcceDtance of Assianment of 50-foot
TemDOrary
Cul-de-sac Turnaround Easements for MaDlewood
Street
and Windsor Street in Brentwood II Subdivision
Authorize City Manaaer to sign - AcceDtance of Public Street Easement -
Montana
State University - 15-foot-wide easement along south
side
of West College Street between South 11th Avenue and
South
19th Avenue
Authorize City Manaaer to sian - AcceDtance of TemDOrary Cul-de-sac
Street
Easement - Westland EnterDrises. Inc. - 70-foot diameter
cul-de-sac
easement at northerly end of Kenyon Drive - Lot 2,
Block
1. Graf's First Addition Second Filing
. Authorize City Manager to sian - Consent Certificate of Secured Parties
on
final
Dlat for Valley Commons Subdivision
Authorize absence of City Manager from meeting of SeDtember 18 (due to
attendance
of ICMA Conference): confirm aDDointment of
Administrative
Services Director Gamradt as Actina City Manaaer
09-05-95
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22 -
ADD rove staff's recommendation not to aDDeal District Court's decision
re
aualifications
for City Judae under Patricia Carlson and Suzanne
Hainsworth
vs City of Bozeman
ApDrove Staff's recommendation to not Detition for rehearina of Montana
Suoreme
Court's decision in City of Bozeman vs AIU Insurance
Comoanv,
et al.
. 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
vote: those voting Aye being Commissioner Frost, Commissioner Youngman,
Commissioner
Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
Recess - 5:00 D.m.
Mayor Vincent declared a recess at 5:00 p.m., to reconvene at 7:00 p.m.,
for the
purpose of conducting the scheduled public hearings.
. Reconvene - 7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
Preliminarv Dlat review - Countryside Subdivision Planned Unit DeveloDment
- subdivide 7.315
acres located in the SW%. Section 11. T2S. R5E. MPM. into 44 residential
lots - Lonnv and
Kim Walker (3300 block of West Babcock Street) (P-953OJ
This was the time and place set for review of the preliminary plat for
Countryside
Subdivision Planned Unit Development, as requested by Lonny and Kim Walker
under
Application No. P-9530, under which 7.315 acres located in the southwest
one-quarter of
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian,
are to be subdivided
into 44 residential lots. The subject site is more commonly located along
the south side of the
. 3300 block of West Babcock Street.
The City Manager noted that, included in the Commissioners' packets, was
a letter
of withdrawal of this application, dated August 28, 1995.
He recommended that the
Commission acknowledge receipt of this letter.
09-05-95
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It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission acknowledge receipt of the letter of withdrawal, dated August
28, 1995. The
motion carried by the following Aye and No vote:
those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and
Mayor Vincent;
. those voting No, none.
Public hearing - COA with deviations from Section 18.30.050 to allow off-street
Darkina area
to encroach 4 feet into reauired 12-foot front yard setback on Tracts 2
and 3. COS No. 1046
and Dortion of COS No. 420 ( 1612 and 1632 West Main Street) - Bruce Erickson
for American
Bank (2-9568)
This was the time and place set for the public hearing on the Certificate
of
Appropriateness with deviations from Section 18.30.050, as requested by
Bruce Erickson for
American Bank, under Application No. 2-9568, to allow four parking spaces
in an off-street
parking area to encroach four feet into the required 25-foot front yard
setback on Tracts 2 and
3, Certificate of Survey No.1 046 and portion of Certificate of Survey
No. 420. The subject
site is more commonly located at 1612 and 1632 West Main Street.
Mayor Vincent opened the public hearing.
. Senior Planner Dave Skelton presented the staff report. He distributed
a memo from
Mr. Robert Gilbert, owner's representative from Locati Architects, regarding
an issue that has
arisen. He stated that under this application, the building which was most
recently occupied
by Petcetera is to be removed and replaced by a 15,072-square-foot one-story
covered parking
structure under which four parking spaces at the northwest corner of the
lot are to encroach
4 feet into the required 25-foot front yard setback.
In addition, a new 10,691-square-foot,
two-story professional office/retail structure is to be constructed in
the area which is currently
being used as a parking lot. In conjunction with this application, American
Bank is to remove
the existing pole sign that fronts on West Main Street and replace it with
a monument sign that
meets sign code requirements.
. Senior Planner Skelton stated that the Development Review Committee and
the
Design Review Board reviewed this application and forwarded their recommendations for
approval to the City-County Planning Board. The Planning Board took those
recommendations
into consideration during its public hearing held on August 15, as well
as the comprehensive
09-05-95
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staff findings contained in the staff report. Following that public hearing, the Planning Board
forwarded its recommendation for approval, subject to twenty conditions.
The Senior Planner noted that during the public hearing before the Planning Board,
three major issues were raised. The first involves a gentleman's agreement between the Beaver
. Pond and American Bank for use of the off-street parking spaces which will be eliminated
through construction of the new building. Staff has researched the files on record at the
Gallatin County Clerk and Recorder's Office but has been unable to find any record of an
agreement. Also, neither American Bank nor the Beaver Pond Condominium Association has
been able to provide any written agreement for the joint use of that parking area.
The Senior Planner stated that the second issue involves accessing the City's
infrastructure for the new building. Both water and sewer mains are located in West Babcock
Street; and those are the closest services to the building location. However, under Commission
Resolution No. 2972, new street surfaces may not be cut for a period of seven years, unless
specifically approved by the Commission; and West Babcock Street was repaved last year. He
noted that the applicant has two alternatives for addressing this issue.
The first involves
. seeking a waiver from the Commission, and the second involves accessing the City's
infrastructure at another location. He forwarded the applicant's request that he be given the
latitude to pursue both of these options; and that request can be met under the conditions as
recommended by the Planning Board.
The Senior Planner forwarded the third issue, which pertains to the lay-out of the two-
story structure. He noted that under the proposed plan, access to the structure can be gained
from either the west side or the east side. Concern has been forwarded by representatives of
the Beaver Pond Condominium Association that the west entrance will encourage people to use
their parking spaces to access this new building; and they have requested that this entrance
be relocated. He reminded the Commission that under the Uniform Building
Code and the
Uniform Fire Code, two primary accesses must be provided to the structure; however, he
. indicated that issue should be addressed by the applicant and the adjacent property owner
rather than the City becoming involved.
Mr. Robert Gilbert, representing the applicant, stated he has considered the option of
making the west door an egress only. He noted that to appropriately address the issue, the
applicant and representatives from the Beaver Pond Condominium Association should meet to
09-05-95
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talk about potential options. He then noted that under this
application, the two existing
driveways to West Main Street are to be removed, with one shared driveway to be installed.
Mr.
Bud Kumlien, representing the Beaver Pond Condominium Association, stated his
main concern is the west access to the new building.
He recognized that is an issue to be
. addressed between his organization and American Bank rather than an issue to be addressed
in this meeting. He also noted that if they are unable to reach an agreement on the accesses
to the new building, the Beaver Pond still has the option of installing a fence along its property
line to protect its parking lot.
Mr.
Kumlien noted that under this application, and with the shared driveway, the
existing Beaver Pond sign must be relocated; and the new sign will be in compliance with the
sign code. He stated that these changes will enhance the appearance of both properties; and
the new alignment of the parking lot will deter people from using it as a driveway between
West Main Street and West Babcock Street.
Commissioner
Frost characterized the proposal as a well-designed project, He
expressed concern, however, that no pedestrian access between Main Street and the new
. office/retail structure is proposed. He suggested that a walkway be denoted across the parking
lot, preferably through the use of a different material, to make drivers aware of potential
pedestrian movements.
Responding
to Commissioner Stiff, Senior Planner Skelton confirmed that the new
two-story building is to be located ten feet from the west property line.
He noted that
uncovered porches, sidewalks, landscaping and architectural features are allowed within that
setback; although fire walls are required if the building is located closer than ten feet to the
property line.
Respond
ing to Mayor Vincent, Senior Planner Skelton stated that cooperation between
American Bank and the Beaver Pond Condominium Association regarding the west access to
the structure and the parking situation is allowed under the conditions as recommended by the
. Planning Board, He then noted that the Montana Department of Transportation has informally
reviewed and approved the plans for the proposed shared access, recognizing it as a substantial
improvement.
Since
there were no Commissioner objections, Mayor Vincent closed the public
hearing.
09-05-95
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26-
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 Stueck, that
the
Commission approve the Certificate of Appropriateness with deviations from
Section
. 18.30.050. as reques1ed by Bruce Erickson for American Bank, under Application No. Z-9568.
to allow four parking spaces in an off-street parking area to encroach
four feet into the required
25-foot front yard setback on Tracts 2 and 3, Certificate of Survey No.
1046 and portion of
Certificate of Survey No. 420 subject to the following conditions:
1. That
the applicant submit a written narrative to the Planning
Office
that outlines the color palette of the two structures as
provided
on the presentation for an informal review before the
Design
Review Board prior to final site plan approval;
2. That
the applicant confirm if the awnings for the professional
office/retail
structure will include any illumination, and if so, that
the
method, type of installation and illumination output be
provided
for review and approval by the Planning Office prior to
final
site plan approval;
3. That
the applicant revise the Landscape Plan and Landscape
Legend
which indicates that boulevard trees will be installed along
. West
Main Street and West Babcock Street at a formal regular
spacing of one (1) tree every thirty-five
(35) lineal feet for review
and approval prior to final site plan
approval;
4. That
all berms proposed on the landscape plan will not exceed a
slope
of 1-in-6 or a maximum height of three (3) feet and that
low-profile
landscape be installed in the area of the berm located
at
the northwest corner of the site, and that the low-profile
landscape
demonstrate seasonal color and change, and a variety
of
shape and texture for review and approval by the Planning
Office
prior to final site plan approval;
5. That
all retention ponds constructed within the required front
yards
will not exceed a depth of eighteen (18) inches from that of
the
undisturbed grade in the immediate area of the retention
ponds;
6. That
the east side of the covered parking structure be bermed
similar
to that proposed on the north and south elevations, and
that
the site plan be revised accordingly for review and approval
by
the Planning Office prior to final site plan approval;
. 7. That
the applicant confirm any method of illumination at the
monument sign located along West Main
Street for review and
approval
by the Planning Office prior to final site plan approval;
8. That
the applicant shall denote a pedestrian walkway across the
parking
lot, from West Main Street to the new professional
office/retail
building, through the use of a different material, as
approved
by the Planning Office;
09-05-95
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-
9. That
the applicant obtain a Certificate of Appropriateness from the
Planning
Director and
building permit
from the Building
Department
prior to proceeding with the project;
10. That
the applicant comply with the fifteen (15) conditions of
approval
set forth by Rick Hixson, Project Engineer, in the
memorandum
dated August 1, 1995, prior to final site plan
approval,
as follows:
. A.
The final
site plan shall
be adequately
dimensioned;
B.
A Stormwater Drainage and Treatment Plan
for a system designed to remove solids, silt,
oils, grease, and other pollutants from the
stormwater runoff must be provided to and
approved by the City Engineer. The plan must
demonstrate that adequate site drainage is
provided by including sufficient spot elevations
and flow
direction arrows as
well as
stormwater retention basin details including
depth and side slopes of basins;
In addition a stormwater facility maintenance
plan shall be submitted to a approved by the
City Engineer. The plan shall
identify the
persons responsible for
maintenance, the
procedures to be used and the maintenance
schedule;
. C.
In order to provide for orderly growth and to
preserve the
integrity of the
City's
infrastructure, the Bozeman City Commission
on May
9, 1994 adopted
Commission
Resolution 2972. This resolution
adopts the
"Street Cut Permit Application" process.
A
provision of the Street Cut Permit Application
is that no permit may be issued to cut a street
within 7 years following the initial paving or
any subsequent repaving of a street. The site
plan as submitted indicates that the water and
sewer services which are to be provided will
required that West Babcock Street be cut.
West Babcock Street was repaved in August
or September of 1993 and hence falls under
the moratorium provision of the permit.
For
this reason the separate water and sewer
services as proposed will only be approved if
the applicant receives a waiver of the Street
Cut Policy established by the City Commission
.
in Commission Resolution No. 2972;
D.
If proposed, plans and specifications for any
water, sewer,
and/or storm sewer
main
extensions prepared
by a Professional
Engineer, licensed in the state of Montana,
shall be provided to and approved by the
Montana Department
of
Health and
Environmental Sciences.
The applicant shall
also provide Professional Engineering services
for construction inspection, post construction
09-05-95
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certifications,
and preparation of mylar record
drawings.
Specific comments regarding the
existing
and proposed infrastructure shall be
provided
at the time of submittal.
The
plans and specifications shall be approved
and
a preconstruction conference shall be
conducted
before any construction is initiated
. on
the public infrastructure improvements;
E. All water and sewer lines, both existing
and
proposed,
shall be accurately shown and sized
on
the final site plan, and approved by the
Water/Sewer
Superintendent.
City
of
Bozeman
applications for service shall be
completed
by the applicant;
F. All
water and sewer mains, service lines and
easements,
both existing and proposed, shall
be
shown on the final site plan;
G. Plans
and specifications for any fire service
line
shall be prepared in accordance with the
City's
Fire Service
Line Policy by
a
Professional
Engineer, licensed in the state of
Montana,
and be provided to and approved by
the
City Engineer
prior to initiation
of
construction
of the
fire service or
fire
protection
system. The applicant shall also
. provide
Professional Engineering services for
construction
inspection, post -construction
certifications, and preparation of mylar
record
drawings;
H. All
fire hydrants within 500 feet shall be
shown
or indicated on the final site plan;
I. The
drive approaches shall be constructed in
accordance
with the City's standard approach
(i.e.
concrete apron, sidewalk section, and
drop-curb)
and shown as such on the final site
plan.
Fifteen foot radii shall be used for the
transitions
to existing curbs at the approaches.
A
City Curb Cut and Sidewalk Permit shall be
obtained
prior to final site plan approval.
MDoT
approval shall be obtained for drive
approaches
in the State's right-of-way;
J. Typical
curb details (i.e. raised and drop curbs)
and
typical asphalt paving section detail shall
. be
shown on the final site plan and approved
by the City Engineer. Concrete curbing
shall
be provided around the entire new parking
lot
perimeter
and be adequately identified on the
final
site plan;
K. An
occupancy permit from the
Montana
Department
of Transportation
must be
obtained
for location of any water and sewer
mains
which may be within the Department's
right-of-way,
and documentation
thereof
09-05-95
- 29 -
supplied
to the Planning Director prior to final
site
plan approval;
L. Drive
approach and public street intersection
sight
triangles, in accordance with Section
18.50.080
of the Bozeman Municipal Code,
shall
be shown on the final site plan and
maintained
free of plantings which, at mature
. growth,
will obscure vision within the sight
triangle;
M. Adequate
snow storage
area must
be
designated
outside the sight triangles, but on
the
subject property;
N. Boulevard
planting detail shall be provided and
must
comply with the Engineering Department
standards.
Root barrier material should be
used;
and
O. The
property owner shall provide and file with
the
Gallatin County Clerk and Recorder's office
an
executed Waiver of Right to Protest the
Creation
of SIDs
for the following
improvements:
1
) Street Improvements to West Babcock
Street
including paving, curb and
gutter,
sidewalk
and storm drainage.
. The
Waiver shall specify that in the event SIDs
are not utilized for the completion
of these
project,
the property owner shall agree to
participate
in an alternate financing method for
completion
of said improvements on a fair
share,
proportionate basis as determined by
square
footage of the property, linear front
footage
of the property, taxable valuation of
the
property, or combination thereof. A copy
of
the filed document shall be submitted with
the
final site plan prior to approval;
11. That the applicant comply with the nine (9) conditions of approval
set forth by Fred Shields, Superintendent of Water/Sewer, in the
memorandum dated August 1, 1995, prior to final site plan
approval, as follows:
A. All
water and sewer lines, both existing and
proposed,
be shown accurately on the final
site
plan;
. B. All
water and sewer mains, service lines, and
easements, both existing and proposed,
be
shown
on the final landscape plan;
C. Size
be accurately indicated on all water and
sewer
lines shown on final site plan;
D. All
fire hydrants within 500 feet be shown or
indicated
on final site plan;
09-05-95
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- 30-
E.
Accurate,
dimensioned detail of domestic
water meter locations inside of building must
be shown on site plan;
F.
Application for water and sewer for new
building must be made at Engineer's office --
Carnegie Building;
. G.
West Babcock Street cut for services must be
approved by Director of Public Service Phill
Forbes;
H.
Water service for existing building to be
removed will be dug up and disconnected by
City of Bozeman Water Department; and
I.
Existing sewer service to
building to be
removed must be dug up and capped with
concrete by applicant;
12. That
the applicant provide the location of all exterior mechanical
systems
(i.e. ground mounted on roof top equipment) on the site
plan
and/or exterior elevations, and the method of screening, for
review
and approval by the Planning Office prior to final site plan
approval;
13. That
the applicant
be granted a
deviation from Section
18.30.050,
to allow off-street parking spaces to encroach four (4)
feet
into twenty-five (25) foot front yard setback;
. 14. That
the applicant provide documentation of written approval from
the Montana Department of Transportation
approving the new
egress/ingress
approaches onto West Main Street prior to final site
plan
approval;
15. That
the landscape legend be revised to verify that the size of all
proposed
trees will conform to the minimum installation size of
one
and one-half (1 Y2) inch caliber or ten (10) feet in height for
review
and approval by the Planning Office prior to final site plan
approval;
16. That
the applicant provide documentation of executing at the
Gallatin
County Clerk and Recorder's Office a "Shared Access
Easement"
with the adjacent property owner permitting the
shared
access onto West Main
Street and installation of
improvements
(paving, curb, berms, landscape, etc.) on the
adjacent
property for review and approval by the Planning Office
prior
to final site plan approval;
17. That
the applicant apply for a separate building permit and
. Certificate
of Appropriateness for any additional signage proposed
on said zone lot other than the monument
sign proposed on West
Main Street and that a Master Signage
Plan of the property be
provided
at such time that a new application is submitted to the
Planning
Office;
18. That
eight (8) copies of the final site plan and landscape plan
containing
all of the conditions, corrections and modifications
approved
by the Planning Board shall be submitted for review and
approval
by the Planning Director within six months of the date of
Planning
Board approval, that a written response which addresses
09-05-95
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31 -
how each condition of approval has been met shall be submitted
with the final site plan, and that signed copies shall be retained by
the City Planning,
Building, Street/Sanitation, Water/Sewer,
Engineering, Fire, and Code Compliance Departments, and one
signed copy shall be retained by the applicant;
19. That the applicant shall enter into an Improvements Agreement
with the City to guarantee the installation of required on-site
. improvements at the time of final site plan submittal.
Detailed
cost estimates, construction plans, and methods of security shall
be made a part of the Agreement;
20. If occupancy of the structure is to occur prior to the installation
of all improvements, the Improvements Agreement must be
secured by a method of security equal to one and one-half times
the amount of the estimated cost of the scheduled improvements
not yet installed.
Said method of security shall be valid for a
period of not less than twelve (12) months; however, all on-site
improvements shall be completed by the applicant within nine (9)
months of occupancy to avoid default on the method of security;
and
21. That a building permit must be obtained within one year of final
site plan approval.
Building permits will not be issued until the
final site plan is approved. The application for a building permit
shall include all signs, or a separate building permit will be
required before signs are installed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent;
those voting No, none.
Public hearing - COA with deviations from Section 18.65.050(C} to allow low-Drofile monument
sign to exceed maximum height restriction of 5 feet bv 1 foot on Dortions of Lots 11-16. Block
24. and a Dortion of vacated Switzler Avenue - Roaer Berna for Story Distributing (1211 East
Main Street) (Z-9598)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviations from Section 18.65.050(C), as requested by Roger Berna for
Story Distributing, under Application No. Z-9598, to allow a low-profile monument sign to
exceed maximum height restriction of 5 feet by 1 foot on portions of Lots 11-16, Block 24, and
a portion of vacated Switzler Avenue. The subject site is more commonly located at 1211 East
. Main Street.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
that the Design Review Board considered this application at their meeting held on August 22.
09-05-95
- 32 -
After reviewing the application and staff's comprehensive findings, as contained in the staff
report, they concurred in the recommendation for approval.
The Associate Planner stated that under this application, the applicant is seeking the
maximum 20-percent deviation allowed to increase the height of a monument sign from 5 feet
. to 6 feet, to replace the existing pole-mounted sign. He noted this request is in conjunction
with remodeling of the retail facility located at 1211 East Main Street. He indicated that under
the applicant's proposal, the sign is to be located in a landscaped planter area atop a two-foot-
high berm, to provide maximum visibility. He stated that, in exchange for this deviation, the
applicant proposes substantially more than the 4 square feet of landscaping per 1 square foot
of signage that is required under the sign code.
Responding to Commissioner Frost, the Associate Planner stated that during the
meeting before the ORB, the applicant asked that he receive fair and equitable treatment, citing
the height of the Sinclair sign immediately across the street from the subject property. He then
reminded the Commission that the Sinclair sign was installed under the interim zone code; and
it was on the edge of the interstate zone. He then stated that since the sign was
installed
. under that provision, it is considered a legal sign and is not subject to the amortization
schedule.
Mr. Roger Berna, representing Story Distributing, expressed concern that it is not
possible to see a five-foot-high sign when approaching this property from the east because of
the topography, buildings and trees. He noted that when approaching the site from the west,
the hill precludes visibility of the site as well. He stated that, because of the lack of visibility,
he is seeking this deviation; and his preference would be to increase the height of the sign to
greater than six feet if possible.
Mr. Berna noted there are only two gas stations on East Main Street; and they are
across the street from each other. He asked that, given the circumstances, they be granted
equal visibility. He encouraged the Commissioners to review the pictures which were included
. in their packets. He noted that the sign at the Blue Basket is eight feet high; and it is visible
for only a short distance.
Responding to Commissioner Stiff, Mr. Berna stated that, at the present time, it is his
intent to landscape the property immediately to the east of the building, although that site may
be developed at some time in the future.
09-05-95
- 33 -
Responding to Commissioner Stiff, Commissioner Frost stated that the Sinclair
property was on the very edge of the interstate zone when that sign was approved; and the
provision for interstate signs was removed when the zone code was finally adopted. He then
recognized the difficulty of the situation; however, the tall signs are no longer an alternative.
. Responding to Mr. Berna, Associate Planner Morris stated that berming which
provides a gentle slope and adequate space on top to accommodate a sign is acceptable. He
cautioned, however, that the two-foot-high berm proposed results in about as steep a slope as
is acceptable; and that does allow for the sign to be seven feet high.
Responding to Commissioner Stueck, Associate Planner Morris stated there
is no
provision for allowing greater than a 20-percent deviation in the entryway overlay corridor.
No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Vincent 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 Stueck, seconded by Commissioner Frost, that
the
Commission approve the Certificate of Appropriateness with deviations from Section
18.65.050(C), as requested by Roger Berna for Story Distributing, under Application No. Z-
9598, to allow a low-profile monument sign to exceed maximum height restriction of 5 feet by
1 foot on portions of Lots 11-16, Block 24, and a portion of vacated Switzler Avenue. The
motion carried by the following Aye and No vote: those voting Aye
being Commissioner
Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent;
those voting No, none.
Public hearina - COA with deviations from Sections 18.18.050 and 18.18.060 to allow addition
of roof cover for existina internal walkway and attendant extension to Drovide 4 % -foot by 8-
foot storaoe unit: and removal of existina Darking slab - Lots 7. 8 and 9. Block 19. Park
. Addition - Bob and Jane Hawks. (703 West Koch Street) (2-95105)
This was the time and place set for the public hearing on the Certificate
of
Appropriateness with deviations from Sections 18.18.050 and 18.18.060, as requested by Bob
and Jane Hawks, under Application No. Z-95105, to allow an addition of roof cover for existing
internal walkway and attendant extension to provide 4%-foot by 8-foot storage unit and the
09-05-95
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- 34-
removal of the existing parking slab, Lots 7, 8 and 9, Park Addition. The subject site is more
commonly located at 703 West Koch Street.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
. that under this application, a circular driveway, a fieldstone walkway/patio and covered walk
with storage shed are to be constructed. The covered walkway is to encroach into the required
20-foot rear yard setback a distance of 3 feet beyond the five-foot encroachment allowed for
architectural features; therefore, a deviation is required.
The Associate Planner stated that at the August 29 meeting, the Design Review Board
considered this application. Following a review of the staff report and the application, and in
light of the fact that no negative public comment has been received, the Board forwarded its
recommendation for approval.
Mr. Bob Hawks, applicant, stated they have found this proposal, with its attendant
deviation, necessary to allow for the improvements they wish to make. He
noted that their
home has some very mature spruce trees in the back yard; and they make it extremely difficult
. to access the garage without taking a risk of having large chunks of ice and snow dropped on
one's head. He stated that the covered walkway will ensure safety in moving
between the
house and the garage. He also noted that his home is located in one of the older sections of
Bozeman, where the home is essentially separated from the back yard; and through this
proposal he is attempting to connect his home with his back yard. He
then encouraged
Commission approval of this application.
Responding to Commissioner Stueck, Mr. Hawks stated that under a previous
Certificate of Appropriateness, he received approval for two decks and a covered porch, Not
all of that work was completed because he realized that these additional features would be
needed to complete the project properly, He then noted that the brick wall/fence along the side
of the property is located one foot inside the property line,
. No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Vincent 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,
09-05-95
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35 -
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Certificate of Appropriateness with deviations from Sections
18.18.050 and 18.18.060, as requested by Bob and Jane Hawks, under Application No. Z-
95105, to allow an addition of roof cover for existing internal walkway and attendant extension
. to provide 4 Y, -foot by B-foot storage unit and the removal of the existing parking slab. Lots 7.
8 and 9, Park Addition, subject to the following condition:
1. That 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
Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent;
those voting No, none.
Adjournment - 7:53 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be
. adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Vincent; those voting No, none.
J
ATTEST:
~Jk~
R IN L. SULLIVAN
Clerk of the Commission
.
09-05-95