HomeMy WebLinkAbout1995-08-07 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 7, 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 7, 1995, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost,
Acting City Manager Ron Brey, Staff Attorney/Prosecutor Tim Cooper and Clerk of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - July 17. July 18. July 20. July 24. Julv 31. and Auaust 1. 1995
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
. minutes of the meetings of July 18, July 20, July 24 and August 1, 1995, be approved as
submitted and that the minutes of the meetings of July 17 and July 31 be approved as
amended. 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.
Reauests for use of Community Housing Fund monies: (A) Bozeman Interfaith Housing:
(B) Human Resource DeveloDment Council
Neighborhood Coordinator/Grantsperson James Goehrung reminded the Commission
that an overview of each of these applications was provided during last week's work session;
and written information was distributed in that packet. He then noted that, included in this
. week's packet, was a letter from the Human Resource Development Council, dated August 1,
forwarding a revised schedule of rental rates that would be utilized if they were to receive a no
interest loan instead of the 3-percent interest rate which they had initially proposed.
The Neighborhood Coordinator/Grantsperson then briefly highlighted the requests from
each of the entities. He noted that Bozeman Interfaith Housing is forwarding a four-part
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request, including a no interest loan of $50,000 for acquisition of land; City sponsorship of a
HOME grant for the proposed 22-unit rental housing project; Commission authorization for him
to prepare the HOME grant; and another no interest loan of $50,000 if the CDSG application
is successful. He stated that the Human Resource Development Council is requesting a loan
of up to $60,000, noting that the exact figure will not be known until after construction bids
. are opened on August 22.
Responding to Commissioner Stiff, Neighborhood Coordinator/Grantsperson Goehrung
stated that a public hearing is required prior to submittal of the application for the HOME grant,
the deadline for which is September 5. He emphasized that Interfaith needs a pretty strong
indication at this time on whether or not the Commission is willing to consider such a
sponsorship. He then stated that if the Commission approves the Interfaith request for him to
prepare the grant application, a substantial amount of his time during the next month will be
spent in preparation of that application.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the requests from the Bozeman Interfaith Housing for a no interest loan
. of $50.000 from the Community Housing Fund for acquisition of land; City sponsorship of a
HOME grant for the proposed 22-unit rental housing project; authorization for Neighborhood
Coordinator/Grantsperson Goehrung to prepare the HOME grant; and another no interest loan
of $50,000 from the Community Housing Fund if the Community Development Block Grant
application is successful. 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.
Commissioner Frost announced that, due to his association with the Human Resource
Development Council, he must abstain from participating in discussion of and voting on this
request.
Commissioner Stiff stated his appreciation for the new rental rates that have been
. submitted.
Neighborhood Coordinator/Grantsperson Goehrung stated that a non-profit organization
must show that its figures "pencil out" when seeking financial assistance. He noted that,
through approval of a no interest loan in this instance, the City is showing its commitment to
this project's efforts to address the affordable housing issue.
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It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that the
Commission approve the request from the Human Resource Development Council for a loan of
up to $60,000 from the Community Housing Fund, with the loan to be at no interest. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No,
. none. Commissioner Frost abstained.
Reauest to reconsider aoolication for variances from Sections 18.30.050 and 18.50.060. C.2..
BMC. to allow buildina to encroach into front yard and side yard setbacks on Lots 7-11. Block
1. Soringbrook Addition - Joe Sabol for Ileana Indreland. Michael Delanev and Delanev and Co..
Inc. (707 West Main Street)
Included in the Commissioners' packets was a letter of withdrawal, dated July 5, 1995,
from Michael W. Delaney, dated July 5, to Senior Planner Lanette Windemaker.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that this
item be removed from the table. 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.
. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission acknowledge receipt of the letter of withdrawal of the request for reconsideration,
as submitted by Mr. Michael W. Delaney. 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.
Reauest for reconsideration of Condition No. 28 for aooroval of Conditional Use Permit for
Vallev Commons Planned Unit DevelODment. located at the northeast corner of Ferguson
Avenue and US Hiahwav 191
Assistant Planning Director Debbie Arkell reviewed her memo of July 27, a copy of
which had been included in the Commissioners' packets.
. The Assistant Planning Director reminded the Commission that on August 1, 1994, they
approved the preliminary plat and conditional use permit for a nine-lot commercial development
at the northeast corner of Ferguson Road and US Highway 191. On November 21, the
Commission entertained a request for clarification/modification of some of the conditions of
approval, one of which was Condition No. 28. At that time, the Commission reaffirmed its
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intent on Condition No. 28; therefore, it was not modified. Under this request, the applicant
is once again seeking reconsideration of that condition, which requires the installation of
temporary traffic circles on Yellowstone Avenue at its intersections with Toole Street and
Ravalli Street prior to final plat approval. The developers have cited several improvements to
the transportation system in that immediate area which were not contemplated at the time of
. original approval. Those improvements include the installation of a traffic signal at the
intersection of US Highway 191 and Ferguson Avenue, the extension of Fowler Avenue from
West Babcock Street to US Highway 191, and the extension of Fallon Street from Yellowstone
Avenue to Fowler Avenue. She stated that the developers believe these improvements will
eliminate a majority of the traffic that was originally anticipated on Yellowstone Avenue, thus
removing the need for traffic circles.
Assistant Planning Director Arkell provided additional information to the Commission
showing the substantial difference in projected traffic distributions for the Valley Commons
Business Park and the Nelson Planned Unit Development, which takes into account the above-
listed improvements. She noted that the traffic projections in the Valley Commons plan
. suggest that 25 percent of the traffic will use Durston Road and West Babcock Street, while
the traffic projections for the Nelson PUD suggest that only 6 percent of the traffic will use
those roadways. She suggested that, based on the difference in traffic projections, it appears
a 19 percent reduction in traffic from the Valley Commons PUD on Durston Road and West
Babcock Street could be realized; and she projected that 2 percent of the traffic would use
Yellowstone Avenue.
Responding to Commissioner Youngman, the Assistant Planning Director stated it is
anticipated that most of the traffic will use US Highway 191, with its new traffic signals, to
access the development.
Responding to Commissioner Stiff, the Assistant Planning Director stated that extension
of Fowler Avenue from West Babcock Street to Durston Road is a future project. She noted
. that some right-of-way acquisition is needed; and there is a house currently sitting in what
would be the typical right-of-way.
It was moved by Commissioner Stueck that the Commission reconsider Condition No.
28 for approval of the Conditional Use Permit for the Valley Commons Planned Unit
Development, as requested by the applicant. The motion died for lack of a second.
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Mayor Vincent announced that, as a result of the motion failing, Condition No. 28 will
remain in effect.
Decision - Conditional Use Permit for Planned Unit DeveloDment - Raiah and Associates - allow
mixed use develoDment for industrial. commercial and residential uses on Tract C and D. COS
No. 68. located in the NE%. Section 7. and the NW%. Section 8. T2S. R6E. MPM (803 East
. Mendenhall Street) (Z-9539)
This was the time and place set for the decision on the Conditional Use Permit for
Planned Unit Development as requested by Rajah and Associates, under Application No.
Z-9539, to allow mixed use development of industrial, commercial and residential uses on
Tracts C and 0, Certificate of Survey No. 68, located in the northeast one-quarter, Section 7,
and the northwest one-quarter, Section 8, Township 2 South, Range 6 East, Montana Principal
Meridian. The subject site is more commonly located at 803 East Mendenhall Street.
Senior Planner Lanette Windemaker reviewed the changes in the conditions which were
included in the packet, based on the Commission's public hearing on this application. She then
forwarded verbal changes to the conditions, as a result of comments received from the City
Manager and some of the Commissioners. She noted that, throughout the conditions, the "i.e."
. should be changed to "e.g.", to reflect that those listings are examples rather than specifics.
She forwarded a proposed additional sentence to Condition No. 31, which would read "Traffic
impact study shall be submitted to the City Commission for review; and the City Commission
shall approve any recommended mitigation measures." On Condition No. 51, the term of
affordability could be revised from" 25 years" to "20 years", which is typically the. longest time
that a long-term guarantee of affordability is required. On Condition No. 52, the Senior Planner
provided revised language under which the berm is to be designed by an acoustical engineer,
at a minimum height of six feet, which meets certain requirements and which may attach to
the existing off-site hill. She noted that this language was revised at the City Manager's
recommendation, and his feeling that the City should not be trying to design the berm but
. should allow someone with expertise in that field to design it appropriately.
Each of the Commissioners asked questions for clarification of the conditions as written
and identified conditions about which they have concerns or which they feel should be revised.
The conditions which need additional discussion and possible revisions were identified as
Condition Nos. 5, 23, 30, 31, 40, 46, 51 and 52. (NOTE: In the motion, these conditions
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actually become Condition Nos. 5, 23, 28, 29, 37, 42, 43 and 44 because of rearrangement
and deletions.) The Commissioners proceeded with developing revisions to those conditions,
as follows:
Condition NO.5 - Concerns were raised by several Commissioners about the vagueness
of the reference to off-site conflicts and the list of issues contained in the condition.
. Commissioner Youngman stated that she feels it is important that impacts of industrial
uses on residential uses, both on the site and in the existing immediate neighborhood, be
mitigated. She stated that, since the Commission does not have any performance standards
to review, she feels it is imperative that this type of condition be included. She also suggested
that the performance standards be forwarded to the Commission for review and approval,
possibly through the public hearing process, prior to the beginning of Phase I development. She
then proposed that the first sentence of the condition be amended to read "The developer shall
provide any necessary mitigation measures, including performance standards, to diminish the
potential conflicts ...".
Following a substantial amount of discussion on the concerns raised, Senior Planner
. Windemaker cited the language in Section 18.53.030. entitled City commission consideration
and findings, under which items to be considered during review of a conditional use permit
application include "3. That the proposed use will have no adverse effect upon abutting
property;" and "6.i. Regulation of noise, vibrations, odors." Following additional discussion,
it was determined that the first sentence in the condition
should end after
"industrial/commercial uses" and that a new sentence should be added which reads "Mitigation
measures shall include performance standards provided by the developers, which shall take into
account Section 18.53.030 of the zone code."
Condition No. 23 - Commissioner Frost expressed concern about the fact that the
Commission has not received adequate information concerning the floodplain. He noted that
this property includes a wetland area, as well as running water; and, to date, there has been
. inadequate information upon which to base any type of assessment on the potential impacts
from flooding.
Commissioner Youngman expressed concern that the proposal includes construction of
one building within the floodplain boundaries. She recognized that, while it is possible to
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construct buildings within the floodplain, this Commission has not approved any application in
which building within the floodplain was anticipated.
Commissioner Frost reiterated his concern about lack of adequate information,
particularly during this decision-making process. He noted that Condition Nos. 5, 9, 23 and
31 are in direct response to that lack of information.
. In response to the concerns raised by Commissioner Youngman, a majority of the
Commission decided to add a sentence to Part a) of this condition which is essentially the same
as the last sentence in Condition No.5.
Commissioner Stiff expressed his concern about the proposed addition, stating he feels
the condition, as forwarded by staff, is adequate.
Planning Director Epple reminded the Commission that under FEMA regulations,
buildings may be constructed within the 1 DO-year floodplain, provided they meet certain
restrictions; however, no construction is allowed within the floodway.
Condition No. 30 - Commissioner Frost expressed concern about the width of right-of-
way being required for Highland Boulevard. He suggested that a collector with a left turn lane
. could adequately service this area, rather than the proposed arterial status.
Commissioner Youngman stated her interest in requiring the minimal amount of right-of-
way possible for the roadway, in an effort to minimize environmental impacts, particularly in
the wetlands area. She noted that the roadway, however, must be of adequate width to
accommodate driving lanes and turn lanes that allow for easy maneuvering of large trucks,
hike/bike facilities, sidewalks, and curbs and gutters. She also stated that, given the
constraints along the roadway further to the north, she does not anticipate that a 90-foot right-
of-way will be acquired for a substantial portion of Front Street between the subject property
and North Rouse Avenue.
Senior Planner Windemaker reminded the Commission that it is important to obtain as
much right-of-way as needed for this roadway up front. She cautioned that, with the amount
. of fill needed and construction on the slope of the sides, staff has recommended that a 90-foot
right-of-way be obtained at this time.
Responding to Commissioner Stueck, Planning Director Epple stated that the right-of-
way for North 7th Avenue is 120 feet wide; and the property line is approximately six feet
behind the curb.
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Senior Planner Windemaker suggested that the first sentence of this condition be
eliminated, with the designation and width of the Highland Boulevard roadway being addressed
under the conditions for the preliminary plat.
The Commission concurred with that suggestion, and eliminated the first sentence in
the condition.
. Condition No. 31 - Commissioner Stueck suggested that an approved, licensed traffic
engineer could prepare the traffic impact study as well as a Professional Engineer; and the
developer should be provided the latitude of using either one. The Commissioners concurred
in that proposed revision.
Responding to Mayor Vincent, Planning Director Epple stated that this condition, as
currently written, does not provide latitude for the Commission to add mitigation measures not
contained in the independent study or recommended by the Director of Public Service.
Acting City Manager Brey suggested that another sentence could be added which reads
"The traffic impact study and mitigation measures identified shall be submitted to the Director
of Public Service for review and recommendation to the City Commission. The City
. Commission shall review and approve the study and mitigation measures.' He noted that this
would allow the flexibility which the Mayor is seeking.
The Commission concurred with the additional language.
Condition No. 40 - Commissioner Frost stated that, given the Recreation and Parks
Advisory Board position on use of wood chips as a trail surface in other areas, he feels that
including it for this project could be an error.
Commissioner Stueck concurred, stating he feels that the trail surface should be
changed.
Condition No. 46 - This condition contains a duplicate line.
Condition No. 51 - Commissioner Youngman stated her concurrence with revising the
length of guarantee of affordability from 25 years to 20 years.
. Condition No. 52 - The Commissioners concurred that the new language forwarded by
Senior Planner Windemaker should be incorporated into this condition, with a change from
"acoustical engineer" to "acoustical expert".
Following this review and revision of individual conditions, the Commissioners
forwarded their general comments about this application.
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Commissioner Youngman stated her support for this innovative project, which combines
industrial, commercial and residential development and provides some affordable units. She
noted that the subject property is close to the downtown area, with its services and
employment opportunities. She recognized that this subject property has been zoned M-1,
Light Manufacturing, for many years; and this proposal provides for appropriate development
. of property with that zoning designation. She noted that some of the residents in the area have
testified that they would like to see this property preserved as parkland; however, she
cautioned that request is beyond the scope of the Commission because the property is zoned
for industrial development. She stated that it is imperative for the Commission to ensure that
this project is compatible with the surrounding area and that it is not constructed at the
expense of the community; and she feels that with the conditions imposed, that can be
accomplished.
Commissioner Youngman stated that it would have been beneficial to receive more
information earlier in the process, noting that it is extremely difficult to vote on a project when
the Commissioners do not have all of the information or when they have received information
. with a short time to review and understand it. She further noted that in this instance, a
"cutting edge" type of project is involved; and the application submittal has only met the
minimum standards, which makes the review process even more difficult. She expressed her
hope that, with the conditions that have been proposed, impacts on both the subject property
and the adjacent neighborhood will be adequately mitigated.
Commissioner Youngman concluded by encouraging the developer to work with the
neighborhood during the development of this project, noting that the neighbors have a right to
know that their quality of life will not decline because of this development.
Commissioner Stiff stated this proposal allows for implementation of one of the priority
transportation system projects, noting that this type of opportunity doesn't often present itself.
He noted that this project provides for infill of the urban area, and does not result in sprawl into
. the prime agricultural land that surrounds the community. He also expressed his interest in the
affordable housing that will be provided and for the additional jobs that will result from the
commercial and industrial portion of the development.
Mayor Vincent stated his concurrence with Commissioner Youngman's comments that
this project would have been easier to analyze if all of the necessary information had been
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provided. He then noted that this area has been zoned for industrial development for many
years; however, it is important to ensure that such development is compatible with the existing
residential neighborhood. He stated that, with the conditions which the Commission has
developed, he feels the potential impacts can be appropriately handled, particularly those
pertaining to traffic, the berm and the floodplain. He reminded the Commission that "one
. man's ceiling is another man's floor". He then noted that Bozeman is growing; and it is
important to ensure that an appropriate balance is maintained between allowing new
development and protecting existing development.
Commissioner Frost stated that, from the concept plan, he felt this could be an exciting
project; however, he is disappointed that the information the Commission has received is
minimal at best, and sometimes conflicting. He expressed concern about the fact that the
Commission has not received copies of the performance standards or the floodplain information
which they requested; and some of the other information requested has been received only
recently. He noted that the lack of this information makes it extremely difficult for them to
make an informed decision.
. Commissioner Frost stated that. while he does not like to include so many conditions
in an approval, he feels that in this instance they are needed. He noted that, on the whole, this
type of project is desirable for the community.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the Conditional Use Permit for Planned Unit Development as requested
by Rajah and Associates, under Application No. Z-9539, to allow mixed use development of
industrial, commercial and residential uses on Tracts C and D, Certificate of Survey No. 68,
located in the northeast one-quarter, Section 7, and the northwest one-quarter, Section 8,
Township 2 South, Range 6 East, Montana Principal Meridian, subject to the following
conditions:
1. The developer shall provide a master signage plan in accordance with
. Section 18.65.080 for review and approval by the Design Review Board.
2. The developer shall provide specific architectural guidelines, e.g., colors,
material, lighting, roof lines, etc., for review and approval by the Design
Review Board.
3. The developer shall establish a tenant conflict resolution method, and
provide the means to measure noise levels.
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4. The developer shall ensure that the historic features are photographically
preserved, and place the photographs in an appropriate repository.
5. The developer shall provide any necessary mitigation measures to
diminish the potential conflicts between residential and industriall
commercial uses, both on-site and the adjacent residences. Mitigation
measures shall include reasonable adherence to performance standards
provided by the developer, which shall take into consideration the
. provisions of Section 18.53.030 of the zone code. The developer shall
submit these mitigation measures to City Commission for review and
approval prior to final site plan approval.
6. The developer shall provide a buffer, e.g., open space, landscaping,
fencing, etc., along the southern boundary between the hillside
residential and the East Main Street development.
7. Drainage appurtenances shall provide landscaped open space areas. If
drainage appurtenances which do not provide landscaped open space
areas are proposed, an equivalent amount of landscaped open space
areas shall be provided on each lot.
8. The developer shall provide a master lighting plan for review and
approval by the Design Review Board.
9. The developer shall clarify the phasing of improvements schedule, to
include; drainage appurtenances, weed control for excavated areas,
emergency access, recreation/open space, etc., and completion timing
for all improvements.
10. The final site plan and development of the site shall conform to all
. applicable City of Bozeman regulations.
11. 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.
12. Adequate snow storage area must be designated outside the sight
triangles, but on the subject property (unless a snow storage easement
is obtained for a location off the property and filed with the County Clerk
and Recorder's Office).
13. All exterior light fixtures shall be designed with cut-off shields to deflect
light down and/or away from adjacent properties and streets, and must
be detailed on the final site plan. Light fixture luminaires shall not be
visible from adjacent properties and streets. Light standards shall not
exceed a height of 20 feet or the height of the structure, whichever is
lower.
14. Boulevard planting detail shall be provided and must comply with the
Engineering Department standards. Root barrier material should be used.
. 15. A temporary form of the street/road address shall be displayed at all
times during construction of the building, and a permanent address shall
be displayed upon completion of the development.
16. The final landscape plan shall include finish grade contours (at
appropriate intervals) and finish grade elevations at all building corners,
entries, sidewalks, and curbs; as necessary to assure adequate control
of storm drainage and disabled accessibility.
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17. The required number cmd configuration of off-street parking spaces and
handicapped parking spaces shall be provided in accordance with
Section 18.50.120 of the Bozeman Municipal Code with the exception
that for each mixed, residential with industrial/commercial, use building,
the minimum number of required off-street parking spaces for the
industrial uses may be reduced by one-half.
18. All improvement drawings shall have complete legends of symbols used,
. shall be legible and shall be adequately dimensioned.
19. A detailed Stormwater Drainage and Treatment Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants from
the runoff must be provided to and approved by the City Engineer for
each phase of development. Each plan must demonstrate adequate site
drainage (including sufficient spot elevations) , stormwater
detention/retention basin details including basin sizing and discharge
calculations and stormwater discharge destination, discharge structure
details, and must locate and provide easements for adequate drainage
ways within the development. The stormwater improvements proposed
for each phase of the development shall be complete and able to serve
all of the improvements proposed for that phase.
A Stormwater Facilities Maintenance Plan shall be provided to and
approved by the City Engineer for each phase of the development. Each
maintenance plan shall clearly identify the persons responsible for
maintaining the proposed stormwater facilities, the procedures which are
to be followed and the frequency of the maintenance activities.
An existing 48-inch culvert is located on the site to the west of the
future intersection of Highland Boulevard and East Main Street.
. Provisions shall be made to safeguard and perpetuate this culvert or
other means of transmission during all phases of construction. An
easement for storm drainage shall be provided to the City.
20. A detailed Site Grading/Geotechnical Plan shall be provided to and
approved by the City Engineer for each phase of the development. Each
Plan shall include existing contours, selected finished spot elevations and
finished contours in such significant locations as areas where buildings
are to be located on slopes or where retaining walls will be used. Each
Grading/Geotechnical Plan will clearly define the extent of all cuts and
fills for that phase, identify any geologic or geotechnical conditions
affecting that phase which may result in property damage (e.g., due to
settlement or slides, high groundwater, etc.) and clearly indicate all
measures which are to be taken to mitigate those affects. If surcharging
of areas is used as a method of pre-consolidation, subsequent reports
will be submitted detailing the efficacy of the surcharging.
21. The location of existing water and sewer mains shall be properly
depicted on any plans for proposed improvements. Proposed main
extensions shall be noted as proposed and existing mains shall be noted
. as existing.
22. Any drive approaches off public right-of-way (e.g., Mendenhall and Front
Streets) shall be constructed in accordance with the City's standard
approach, e.g., concrete apron, sidewalk section, and drop-curb.
23. Floodplain:
a) The 100-year floodplain boundary and flood elevations shall be
clearly identified on all plan sheets
showing proposed
developments as well as on the final plat. This information shall
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be provided to the City Commission prior to application for
Floodplain Development Permit and final site plan approval.
b) A Floodplain Development Permit must be obtained from the City
Engineer prior to any construction within the floodplain.
c) All buildings must be flood-proofed to at least 2 feet above the
1 DO-year flood elevation. Elevation certificates must be provided
. for each building following completion of construction.
24. All existing utility and other easements must be accurately shown on the
improvement drawings.
25. Project phasing shall be clearly defined including detailed descriptions of
the phased installation of infrastructure.
26. Once utilities have been installed and accepted, access to those utilities
shall be provided for and maintained at all times. In the case of utilities
which are not located in streets, the type of access provided, e.g.,
gravel section, turf road etc., shall be approved by the City Water and
Sewer Departments.
27. A stop sign and street marker shall be installed by the developer on
Mendenhall at the intersection of Broadway Avenue
and East
Mendenhall.
28. If a traffic projection determines that a signal light is warranted at the
Highland and Main Street intersection then the developer shall pay his
fair share for the installation of the said signal. The signal light shall be
fully operational at the time Highland Boulevard is open to the traveling
. public.
29. A traffic impact study, prepared by a professional civil engineer or traffic
engineer registered in the State of Montana, shall be completed for the
effects this development would have on the surrounding streets and
intersections such as Broadway and Main Street. The scope of the
traffic impact study shall be subject to the review and approval by the
Director of Public Service. The traffic impact study, along with the
Director of Public Service recommendations, shall be submitted to the
City Commission for final decision. The City Commission shall review
and consider the study and mitigation measures, along with department
recommendations and other relevant factors, in their approval of the
measures proposed. Any mitigation measures approved by the City
Commission shall be completed by the applicant.
30. All roadways used by the Fire Department for access shall provide a
minimum of 20 feet clear and unobstructed width.
31. Access roads in excess of 150 feet in length shall include fire apparatus
turn-around provisions approved by the Fire Department.
. 32. Landscape plan sheets Nos. 3 and 4 show street trees within 5 feet to
6 feet from the water main. These trees should be located at least 9
feet from the water main.
33. Location of all future building service lines must be approved by the City
of Bozeman Water Department. Proposed building site plans showing
water service location, size, and proposed meter location in building
must be furnished to the City of Bozeman Water Department for review
and approval prior to issue of building permit.
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34. Any future building fire sprinkler service lines must be designed and
installed per City of Bozeman fire service line standard dated October 1,
1993.
35. Drivable sewer maintenance truck access must be provided to all
sanitary sewer manholes. This includes all existing, new and relocated
manholes.
. 36. The developer shall provide weed eradication, particularly knapweed.
37. The Gallagator Trail extension shall be constructed of a gravel tread with
underlying geotextile fabric, and the wetland paths shall be constructed
of wood chips (subject to approval by the Army Corps of Engineers).
38. The Gallagator Trail extension shall be completed in Phase II when East
Mendenhall Street is extended to the Highland Boulevard intersection.
39. The developer shall specify the timeline of all remaining trail/hike/bike
development.
40. The developer shall extend the Gallagator trail extension easement to
connect to Broadway on the south end of the development.
41. Seven copies of the final site plan, for Phase I, containing all of the
conditions, corrections, and modifications approved by the City
Commission shall be submitted for review and approval by the Design
Review Board (DRB) and the Development Review Committee (DRC)
within three years of the date of City Commission approval. Upon
application and for good cause, the Planning
Director may
administratively extend the period for filing a final site plan for two
. successive six-month periods. Any additional six-month extensions must
be approved, if at all, only by the Planning Board. Signed copies shall
be retained by the City departments represented on the Development
Review Committee, and one signed copy shall be retained by the
applicant.
42. Preliminary Site Plan applications for the remaining phases shall be
submitted for review and approval by City Commission within five years
of the date of City Commission approval of the Master Plan and
Development Guidelines.
43. The twelve (12) additional dwelling units, for a total of 100 dwelling
units, shall be guaranteed to remain as affordable low income housing
units for a period of not less than twenty (20) years. Affordable low
income shall be as defined by the Bozeman Affordable Housing Policy
Statement. The guarantee shall take the form of a contractual
agreement between the applicants, assignees and successors and an
affordable housing management group, unless another form of guarantee
is found to be acceptable by the City, and shall include the City as a
party. The agreement shall be subject to review and approval of the City
. Attorney.
44. A berm shall be provided along the western property line in Phase I. The
berm is intended to function as the current hill does buffering the
residential neighborhood along Broadway from the existing railroad and
other noise sources to the east and northeast, and to shield the
neighborhood from noise associated with future ground floor industrial
uses. The applicants shall provide a design, by an acoustical expert, for
the berm which meets this intent to the City Engineer and City
Commission for review and approval. However, the berm shall be a
minimum of six (6) feet high, and shall be adjacent to the southwestern
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most building and extend to the north edge of Lot 3. This does not
preclude the berm from attaching to an off-site berm. The berm may not
have a slope that exceeds one foot of rise for each two feet of run, and
shall be planted with landscaping that includes trees and shrubs which
demonstrate seasonal color, texture, shape, and further buffer noise.
The landscaping shall be capable of providing a solid appearance within
three (3) years. The proposed landscaping plan shall be subject to
review and approval by the Planning Department.
. 45. The applicant shall enter into an Improvements Agreement with 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 that agreement.
46. A building permit must be obtained prior to work, and must be obtained
within one (1) year of final site plan approval. Building permits will not
be issued until the final site plan is approved. Minor site surface
preparation and normal maintenance shall be allowed prior to submittal
and approval of the final site plan, including excavation and footing
preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING
PERMIT IS OBTAINED.
47. If occupancy of the structure or commencement of the use is to occur
prior to the installation of all required on-site improvements, the
Improvements Agreement must be secured by a method of security
acceptable to the City of Bozeman 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.
48. When a Conditional Use Permit has been approved by the City
Commission, the permit shall be issued by the Planning Director upon the
receipt of applicant's written consent to all of the conditions imposed,
including the Conditional Use Permit Conditions Required by Section
18.53.030.G:
a) That the right to a use and occupancy permit shall be contingent
upon the fulfillment of all general and special conditions imposed
by the conditional use permit procedure.
b) That all of the special conditions shall constitute restrictions
running with the land use and shall be binding upon the owner of
the land, his successors or assigns.
c) That all conditions specifically stated under any conditional use
listed in this title shall apply and be adhered to by the owner of
the land, successors or assigns.
d) That all of the special conditions shall be consented to in writing
. by the applicant.
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.
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Decision - Preliminarv Plat - CUDola Subdivision - subdivide 58.13 acres into 13 lots for mixed
use (industrial. commercial and residential) condominium develoDment and 2 ODen SDace parcels
- Tracts C & D. COS No. 68. located in the NE%. Section 8. T2S. R6E. MPM (803 East
Mendenhall Street) - Raiah and Associates. Inc. (9518)
This is the time and place set for the decision on the preliminary plat for Cupola
Subdivision, as requested by Rajah and Associates, Inc., under Application No. P-9518, to
. subdivide 58.13 acres into 13 lots for mixed use (industrial, commercial and residential)
condominium development and 2 open space parcels on Tracts C and D, Certificate of Survey
No. 68, located in the northeast one-quarter, Section 7, and the northwest one-quarter, Section
8, Township 2 South, Range 6 East, Montana Principal Meridian. The subject site is more
commonly located at 803 East Mendenhall Street.
Senior Planner Lanette Windemaker reviewed the changes in the conditions which were
included in the packet, based on the Commission's public hearing on this application. She then
forwarded verbal changes to the conditions, as a result of comments received from the City
Manager and some of the Commissioners.
The Senior Planner suggested that a new condition be added at 1.A., which reads "All
conditions of approval of Z-9539 shall be met prior to installation of subdivision infrastructure
. improvements. On Condition No.3, she stated that the second phrase "that arise" should be
eliminated. On Condition No. 27, she suggested that a statement be included which recognizes
that the City may participate in existing deficiencies or oversizing costs, in accordance with
City policy. On Condition No. 43, she proposed that the language be revised to reference the
existing traveled right-of-way instead of referencing Front Street, since it is difficult for staff
to determine what street right-ot-way is currently being used. She then indicated that, with
the addition ot Condition No. 1A, Condition No. 45 can be eliminated.
Responding to Commissioner Stueck, the Senior Planner cited recent developments in
which a developer was required to provide improvements to an arterial street. Those examples
include the acquisition of right-of-way and initial development of Fowler Avenue in conjunction
. with Valley Creek and acquisition of right-of-way and initial development of Cottonwood Road
in conjunction with the Billion Auto Plaza development. She noted that in both of those
instances, the arterial road lies adjacent to the developments; and they were required to provide
50 feet of the right-of-way width. In this instance the street runs through the subject property;
and the developer is being asked to provide the entire right-of-way width.
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Each of the Commissioners identified conditions about which they have concerns or
which they feel should be revised. The list of conditions on which additional discussion and
possible revisions was necessary included Condition Nos. 10, 17, 21, 24, 27, 32, 33, 42, 43
and 44. (NOTE: In the motion, these conditions actually become Condition Nos. 11, 18, 21,
24, 28, 33, 34, 40, 41 and 42 because of rearrangement, additions and deletions.) The
. Commissioners proceeded with developing revisions to those conditions, as follows:
.
Condition No. 10 - Commissioner Stueck forwarded his concerns about the phrases
"tenant representatives on the owners association" and "other Staff recommendations". He
characterized those issues as being too vague and possibly too broad.
Senior Planner Windemaker stated that the phrase "other Staff recommendations", as
identifed during discussions between staff and applicant, is acceptable to the developer.
Commissioner Stueck stated that, in that instance, he is willing to accept the phrase.
Commissioner Youngman asked if the covenants will include the performance standards
when they are adopted. The Senior Planner responded that would be appropriate.
Commissioner Youngman stated that she feels it is important to have non-owner tenant
. representatives serve on the owners association, so that they have an opportunity to express
concerns and raise issues about conflicts between the residential and commercial/industrial
uses within the project.
Senior Planner Windemaker stated that a group to review conflicts is to be established;
and she suggested that might be a more appropriate place for non-owner tenant representation
than in the owners' association. She then noted that this issue ties back to Condition No.3
under the oonditional use permit portion of this development proposal.
..
The Commission concurred in the replacement of "tenant representatives on the owners
association" with "the covenants shall provide for a conflict resolution body with non-owner
tenant representatives".
Condition No. 17 - Commissioner Stueck asked about whether the City will allow use
. of TIFID monies for construction of Highland Boulevard, and whether the Highland connection
is to be completed before the interior streets are installed.
Acting City Manager Brey stated that, under the provisions of the State statute, Tax
Increment Financing Industrial District (TIFID) monies may be applied to off-site infrastructure
improvements, so they could, indeed, be used for the extension of Highland Boulevard. He
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reminded the Commission that the use of TIFID monies must be the subject of an entirely
separate process, with the Commission taking final action on the request.
Commissioner Stueck noted that under the recommended conditions of approval, all
street rights-of-way must be identified and easements provided. He expressed concern,
however, that the property is currently owned by a corporation in Butte and asked if there is
. any way to ensure that those roadway dedications will be made as the various phases are
developed.
The Acting City Manager stated that, since the acquisition of right-of-way can be
addressed through the use of TIFID monies, it is not essential that those street rights-of-way
be provided immediately.
Condition No. 21 - Commissioner Stueck noted that Highland Boulevard is more logically
completed in conjunction with Phase III than with Phase II. He expressed strong concern about
this condition as worded, stating that he does not believe that the condition should be so
limiting because, as it is worded, the Highland extension is the only alternative. He then noted
that in the past, a secondary access to a gravel roadway has been allowed for some
. developments, and he suggested that alternative should possibly be considered in this instance.
Commissioner Youngman stated that, in this instance staff is asking that a second
primary access be provided in conjunction with Phase II, not just an emergency secondary
access. She recognized that several alternatives for northward extension are possible;
however, at this time, none of those alternatives involves a paved roadway. She expressed
concern about the potential impact that this additional traffic could have on the existing
residential neighborhood, stating that she cannot accept that impact for what might be several
years.
Commissioner Stueck reiterated his position that requiring the extension of Highland
Boulevard in conjunction with Phase II is not appropriate, given the location of that phase and
the location of the roadway. He then stated that, for this project to work to everyone's
. advantage, the required improvements must be economically feasible.
Senior Planner Windemaker stated that if a second access is not required in conjunction
with Phase II, a long cul-de-sac street results; and that is unacceptable to staff.
Commissioner Frost stated that, without a traffic impact study, he cannot determine
how much traffic will be generated with each phase of this development, and which way that
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traffic would go. He noted that the improvement of the road system, either to the north or the
south, will be expensive. He suggested that with a traffic impact study, it might be possible
to require that the second primary access be constructed when traffic counts warrant.
Senior Planner Windemaker cautioned that a secondary access has not been tied to
traffic counts in the past. She then forwarded staff's position that the second access should
. be constructed in conjunction with Phase II of this subdivision.
Commissioner Stiff proposed that the condition as originally worded. He then expressed
concern that the addition of just a few words has dramatically changed the impacts on the
developer; and since the public hearing is closed, the applicant has no chance to respond.
Commissioner Youngman stated she feels that leaving the condition as originally worded
is unacceptable. She reiterated her position that the existing residential neighborhood should
be protected from the traffic impacts that could result from a primary access to the north, at
least until the remainder of the transportation system in that area has been upgraded to handle
the traffic.
Mayor Vincent asked that, due to the late hour, further discussion on this agenda item
. be delayed until after the public hearings have been completed.
Recess - 5:55 D.m.
Mayor Vincent declared a recess at 5:55 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings and completing the routine business items.
Public hearing - Commission Resolution No. 3070 - levving and assessina street maintenance
. district for FY96
This was the time and place set for the public hearing on the final adoption of
Commission Resolution No. 3070 as approved by the City Attorney entitled:
COMMISSION RESOLUTION NO. 3070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
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YEAR 1996 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY
OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY
OF BOZEMAN.
Mayor Vincent opened the public hearing.
Acting City Manager Brey stated that this represents the sixth assessment year for both
. the street maintenance district assessments and the tree maintenance district assessments.
He noted that all properties inside the city boundaries are within the districts; and all properties,
including governmental properties and non-profit organizations, are assessed. He stated that
assessments are based on the square footage of the lot; and any unpaid assessments become
a lien on the property.
The Acting City Manager stated that under this resolution, the base assessment rate for
the street maintenance district is increased 5 percent from last year, to .459 cents per square
foot. He noted that for Fiscal Year 1995, the typical residential property owner paid $36.28
and, under the new rates, that assessment will increase by $1.81, to $38.09.
The Acting City Manager reviewed some of the items to be funded through the
assessments. These include the personnel in the Street Department, with one employee being
. added this year; and replacement equipment, including an ice control spreader and snow plow
for a 1978 truck, a pull behind sand spreader and a pickup.
No one was present to speak in support of or in opposition to the street maintenance
district assessments for Fiscal Year 1995-1996.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission finally adopt Commission Resolution No. 3070, levying the assessments for the
street maintenance district 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.
.
Public hearing - Commission Resolution No. 3071 - levYing and assessina tree maintenance
district for FY96
This was the time and place set for the Public hearing on the final adoption of
Commission Resolution No. 3071, as approved by the City Attorney entitled:
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COMMISSION RESOLUTION NO. 3071
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 1996 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY
OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF
BOZEMAN.
. Mayor Vincent opened the public hearing.
Acting City Manager Brey stated that no increase is proposed in the assessment rate
for the tree maintenance district. He noted that the assessment rate is .140 cents per square
foot; and the typical residential assessment will be $11.62.
No one was present to speak in support of or in opposition to the tree maintenance
district assessments for Fiscal Year 1995-1996.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission finally adopt Commission Resolution No. 3071, levying the assessments for the
tree maintenance district for Fiscal Year 1995-1996. 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.
Public hearing - Conditional Use Permit - Heritage Christian School - allow construction of
classroom and gvmnasium eXDansion: variance from Sections 18.12.060 and 18.26.020 to
allow DroDosed addition to exceed 38-foot height maximum bv 1 foot - Dortion NW%.. Section
10. T2S. R5E. MPM (4310 Durston Road) (Z-9570)
This was the time and place set for the public hearing on the Conditional Use Permit
requested by PIECE, Inc., dba Heritage Christian School, under Application No. Z-9570, to
allow construction of a classroom and gymnasium expansion on a 13.07-acre portion of the
Northwest one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal
Meridian. In conjunction with this application is a request for a variance from the provisions
of Sections 18.12.060 and 18.26.020, to allow the proposed gymnasium addition to exceed
. the 38-foot height limitation by 1 foot, for a total height of 39 feet. The subject site is more
commonly located along the south side of Durston Road at Flanders Mill Road extended, and
is known as 4310 Durston Road.
Mayor Vincent opened the public hearing.
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Senior Planner Lanette Windemaker presented the staff report. She stated that the
existing private school has 120 elementary and middle school children; and under Phase I of
the proposed expansion, the classroom capacity would be increased to 200 students. Under
Phase II, a gymnasium is to be constructed; however, that phase will not occur until City water
and sewer services are available.
. The Senior Planner stated that the staff has reviewed this application in light of the six
criteria set forth for review of conditional use permits; and the comprehensive findings are
contained in the written staff report, a copy of which has been previously distributed to the
Commissioners. She highlighted those findings and the recommended conditions for approval.
The Senior Planner stated that the City-County Planning Board considered this
application at the July 18 meeting. Following careful review of the six criteria and the staff
findings, the Board concurred in the staff's recommendation for approval. She briefly
highlighted some of the conditions, noting that during the Planning Board hearing, the applicant
raised several concerns about some of the recommended conditions. The main concerns
centered around the requirement to pave Durston Road from the current end of the pavement
. at Flathead Avenue to the western edge of the subject property and the timing of
improvements to the on-site water and sewer systems.
Senior Planner Windemaker stated that staff has also reviewed the requested variance
against the three criteria established by the Montana Supreme Court, as set forth in the zone
code; and staff's comprehensive findings are contained in the staff report. She briefly reviewed
those findings, stating that staff does not believe the additional one foot of height will
negatively impact adjacent properties, particularly since the subject parcel contains more than
13 acres. She noted that a gymnasium is commonly associated with a school. Because of the
size of the building and the structural supports required for its roof, the additional 1 foot of
height is necessary. She then stated that approval of this requested variance will not
circumvent the purpose of the zone code. In conclusion,
she forwarded staff's
. recommendation for approval of the requested variance; and reminded the Commission that
four affirmative votes are needed to approve a variance application.
Mr. Ken VanDyken, Chair of the Building Committee for the Heritage Christian School,
forwarded concerns about several of the recommended conditions. On Condition No.1, he
noted that the distance between Flathead Avenue and Flanders Mill Road is .4 mile; and the
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estimated cost of improving that length of roadway to a paved County road standard would be
approximately $50,000. He stated that, while the School is willing to participate in
improvements in its fair share, this would create an undue burden on them. He then indicated
that they would be willing to work with developers in the immediate area to complete the
paving to the western edge of their property, in a cooperative effort that should benefit
. everyone involved. On Condition No.3, Mr. VanDyken asked that the Montana Department
of Environmental Quality and Gallatin County Department of Health approvals for expansion of
the existing septic system be required prior to issuance of the Certificate of Occupancy rather
than prior to issuance of a building permit. He stated that the School does not anticipate any
problems with obtaining the necessary permits to expand the existing septic system; however,
their preference is to connect to City water and sewer services rather than expanding that
system. He noted that if the condition were changed as requested, it would give them the
additional time needed to more realistically accomplish that connection.
Mr. VanDyken stated that they were encouraged to apply for Phase I and II
improvements together. He expressed concern, however, that under this process, the deadline
. for submitting the final site plan for Phase II is five years from the date of Commission
approval. He stated that, given the School's finances, it may not be possible to meet that
timeline and asked for an extension of that time, by two to four years. On Condition No. 28,
he asked that the building permit be allowed, with issuance of the Certificate of Occupancy
being contingent upon completion of the water and sewer improvements. On Condition No.
29, he asked that the Commission allow a method of security in the amount of the outstanding
improvements instead of 1 % times the cost of the remaining improvements, as contained in
the recommended condition. He then suggested that, since Condition No. 31 is a duplicate of
Condition No. 30, it could be eliminated.
Mr. Ken VanDyken concluded by stating that the key issue is the paving of Durston
Road, particularly in light of the financial hardship it could create for the School.
. Responding to Commissioner Stueck, Mr. VanDyken stated the current septic system
can accommodate the 120 students currently housed on site; however, it must be upgraded
to accommodate the 200 students anticipated. He then stated that the School currently
houses three classrooms in the church at Four Corners. He reiterated his interest in connecting
to City services rather than upgrading the existing septic system.
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Ms. Megan Ryan, single parent of two students at the school, read a letter into the
record. She stated that the School has a small budget, and relies heavily on donations and
fundraisers. She noted that Heritage Christian School provides the type of education which she
prefers for her children. She stated that by making that choice, she continues to support the
public school system through the payment of taxes and yet alleviates impacts on that school
. system by choosing a private school. She noted that the enrollment has grown significantly
since the school was originally opened, as witnessed by the need for off-site classrooms. She
concluded by asking the Commission to carefully consider the ability of the school to bear the
costs of paving Durston Road.
Mr. Bill Warwood, member of the Board of Directors for the School, stated the total
operating budget for the school, which houses grades K through 8, is $300,000 a year. He
noted that the estimated $50,000 to pave Durston Road from Flathead Avenue to Flanders Mill
Road represents a significant impact on the budget and on the School. He stated if that
financial impact can be reduced by a cooperative effort between the School and developers;
and paving of the road to a City street standard through such a cooperative effort could also
. prove beneficial to the community.
Mr. Warwood stated that conversations with professionals about the septic system have
revealed that no apparent problem exists with obtaining permits and improving the existing
septic system to accommodate the requested expansion. He noted, rather, the requested
deferral of those improvements is a matter of anticipating that City services will be available
before the expansion area is occupied.
Mr. Warwood noted that the Heritage Christian School has existed for twelve years; and
it provides a viable educational alternative in Bozeman. He noted that the SAT scores for
students from this school, when compared to those from the public school system, reveal that
a quality education is being provided.
No one was present to speak in opposition to the requested Conditional Use Permit.
. At Commissioner Frost's request, Senior Planner Windemaker provided her responses
to each of the issues raised by representatives of the School. She cited the paving of Durston
Road as a safety issue. She then noted that staff's preference is that the road be improved to
a City street standard; however, since the road is located in the County, they determined that
a County road standard would be more appropriate. She stated that if the applicant's request
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is honored, it will probably be at least three years before the paving is done. She then indicated
that staff has no problem in delaying the improvements to the septic system until the
Certificate of Occupancy rather than issuance of the building permit, as requested.
The Senior Planner then reviewed the standard timeframes for filing of final site plans.
She noted that, under this application, the final site plan for Phase I must be filed within six
. months of Commission approval; and a six-month extension can be easily granted. The final
site plan for Phase II is requested within five years of Commission approval; however, she
suggested that a six-month extension for that plan could probably be obtained as well. She
then characterized the Improvements Agreement and attendant financial guarantee, in the
amount of 1 % times the estimated cost, as standard conditions. She emphasized the
importance of remembering that the financial guarantee applies only to those improvements not
yet installed at the time of occupancy. She suggested that the infrastructure improvements
referenced in Condition No. 28, which generally apply to Phase II, could be required prior to
issuance of the building permit for Phase II.
Responding to comments from Commissioner Stueck, the Senior Planner concurred that
. granting the applicant's requested extension for paving of Durston Road could result in the road
not being paved for five or six years, if the developers between the existing end of the
pavement and the School choose not to proceed with development immediately. She also
recognized that if the developers do decide to proceed with development, a substantial amount
of the roadway could be improved before the School is required to do its improvements.
Commissioner Stueck proposed that the paving improvements be tied to approval of the
final site plan for Phase II, which will essentially meet the applicant's request.
Commissioner Stiff suggested that the same language could be included in the condition
pertaining to water and sewer improvements.
Commissioner Frost stated his preference for requiring the applicants to improve Durston
Road either prior to approval of the final site plan for Phase II, or in conjunction with the
. developers between Ferguson Avenue and the subject property, in its prorata share, whichever
occurs first.
Commissioner Stueck stated he feels the School should be required to pay for the
paving of Durston Road along the frontage of its property only; however, he concurred in
Commissioner Frost's proposed timeline.
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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 Youngman, seconded by Commissioner Stiff, that the
Commission approve the Conditional Use Permit requested by PIECE, Inc., dba Heritage
. Christian School, under Application No. Z-9570, to allow construction of a classroom and
gymnasium expansion on a 13.07-acre portion of the Northwest one-quarter of Section 10,
Township 2 South, Range 5 East, Montana Principal Meridian, with attendant variances from
the provisions of Sections 18.12.060 and 18.26.020, to allow the proposed gymnasium
addition to exceed the 38-foot height limitation by 1 foot, for a total height of 39 feet, subject
to the following conditions:
1. The developer shall pave Durston Road along its property frontage prior
to final site plan approval for Phase II or in conjunction with road
improvements immediately to the east, whichever occurs first. The
developer shall coordinate with the County Road Department regarding
the required road improvements to Durston. Roadway width and
pavement section thickness shall be designed in accordance with County
Road Department standards. Required pavement construction shall be
completed and accepted by the County prior to City approval of the final
. site plan for Phase II.
2. The property owners shall provide and file with the County Clerk and
Recorder's Office executed Waivers of Right to Protest Creation of RID's
and/or SID's (unless already filed on the property). Said Waivers shall
include the following improvements:
a. Provided street improvements are not required as a condition of
development, street improvements to Durston Road including
paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Ferguson, including paving, curb/gutter,
sidewalk, and storm drainage.
c. Traffic signal improvements at the intersection of Durston and
19th.
The Waivers shall specify that in the event RID's and/or SID's are not
utilized for the completion of these projects, the applicant 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 documents must be submitted to the Planning Officer prior to the
final site plan approval.
3. Montana Department of Environmental Quality and Gallatin County
Department of Health approval shall be obtained to expand the existing
septic system to accommodate the proposed improvements prior to final
site plan approval. Proof of County approval is necessary prior to
issuance of a Certificate of Occupancy.
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4. Rae Fire District approval shall be obtained for the expansion prior to
final site plan approval.
5. The final site plan and development of the site shall conform to all
applicable City of Bozeman regulations, to include zoning regulations,
and shall be adequately dimensioned.
6. The approval of this conditional use permit shall entitle the applicants to
a maximum enrollment of 200 students until such time City sewer and
. water is made available.
7. The drive approach shall be constructed in accordance with the County's
standard approach and shown as such on the final site plan.
8. 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.
9. Adequate snow storage area must be designated outside the sight
triangles, but on the subject property (unless a snow storage easement
is obtained for a location off the property and filed with the County Clerk
and Recorder's Office).
10. All exterior light fixtures shall be designed with cut-off shields to deflect
light down and/or away from adjacent properties and streets, and must
be detailed on the final site plan. Light fixture luminaires shall not be
visible from adjacent properties and streets. Light standards shall not
exceed a height of 20 feet or the height of the structure, whichever is
lower.
. 11. The landscaping plan shall be prepared and certified by either a
registered Montana Landscape Architect; and individual with a degree in
landscape design and two years of professional design experience; or an
individual with a degree in a related field and at least five years of
professional design experience. The landscape plan must include
tabulation of landscaping requirements and enhancement.
12. The final landscape plan shall include finish grade contours
(at
appropriate intervals) and finish grade elevations at all building corners,
entries, sidewalks, and curbs; as necessary to assure adequate control
of storm drainage and handicapped accessibility.
13. Street trees shall be provided along the Durston Road frontage at a
minimum of one large canopy tree for each fifty feet of street frontage.
14. The landscaped areas shall be perpetually maintained and permanent
irrigation systems shall be provided to all landscaped areas. The use of
hose bibs on structures in not an acceptable method of irrigation unless
the landscaped area is adjacent to the structure.
. 15. 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.
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A Stormwater Drainage/Treatment facilities plan 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.
16. 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.
17. Plans and specifications for any fire service line must be prepared in
accordance with the City's Fire Service Line Policy by a professional
engineer (PE), 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 certification, and
preparation of mylar record drawings.
18. 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.
. 19. All existing utility and other easements must be shown on the final site
plan.
20. If 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 required
by the Water Quality Bureau, an erosion/sediment control plan shall be
prepared for disturbed areas of 5 acres or less if the point of discharge
is less than 100 feet from State Waters.
21. All existing building must be verified as a minimum of Type V-one hour
construction.
22. Phase I and II, new buildings must be separated by a 2-hour area
separation wall.
23. Annexation to the City limits of Bozeman or, if acceptable to the City of
Bozeman, a waiver of right to protest annexation, shall be completed
prior to connection to City water and sewer.
. 24. Seven copies of the final site plan for Phase I containing all of the
conditions, corrections, and mod ifications approved
by the City
Commission shall be submitted for review and approval by the Planning
Director within six months of the date of City Commission approval.
Signed copies shall be retained by the City departments represented on
the Development Review Committee, and one signed copy shall be
retained by the applicant.
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25. Seven copies of the final site plan for Phase II containing all of the
conditions, corrections, and mod ifications approved
by the City
Commission shall be submitted for review and approval by the Planning
Director within five years of the date of City Commission approval.
Signed copies shall be retained by the City departments represented on
the Development Review Committee, and one signed copy shall be
retained by the applicant.
26. 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 that agreement.
27. A building permit must be obtained prior to the work, and must be
obtained within one year of final site plan approval. Building permits will
not be issued until the final site plan is approved. Minor site surface
preparation and normal maintenance shall be allowed prior to submittal
and approval of the final site plan, including excavation and footing
preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING
PERMIT IS OBTAINED.
28. BUILDING PERMITS WILL BE ISSUED ONLY AFTER COMPLETION AND
ACCEPTANCE OF THE WATER AND SEWER IMPROVEMENTS. All other
infrastructure improvements including public or
private streets,
curb/gutter, sidewalks, and storm drainage infrastructure improvements
shall be financially guaranteed or constructed prior to approval of the
final site plan for Phase II.
29. If occupancy of the structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be
. secured by a method of security acceptable to the City of Bozeman
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 12 months; however, all on-site
improvements shall be completed by the applicant within nine months
of occupancy to avoid default on the method of security.
30. When a Conditional Use Permit has been approved by the City
Commission, the permit shall be issued by the Planning Director upon the
receipt of applicant's written consent to all of the conditions imposed,
including the Conditional Use Permit conditions required by Section
18.53.030.G:
a. That the right to use and occupancy permit shall be contingent
upon the fulfillment of all general and special conditions imposed
by the conditional use permit procedure.
b. That all of the special conditions shall constitute restrictions
running with the land use and shall be binding upon the owner of
the land, his successors or assigns.
. c. That all conditions specifically stated under any conditional use
listed in this title shall apply and be adhered to by the owner of
the land, successors or assigns.
d. That all of the special conditions shall be consented to in writing
by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
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Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
those voting No, none.
Public hearina - Deviation from Section 18.30.050 to allow eauiDment storage to encroach 8-
feet into reauired 8-foot side yard setback on Lots 8-11. Lots 14-19. and eastern 20 feet of
Lot 12. Block G. Story's Addition - Crossroads Food Center.lnc.. dba Community Food Co-op,
. 908 West Main Street (Z-9585)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviation from Section 18.30.050 requested by Crossroads Food Center,
Inc., dba Community Food Co-op, under Application No. Z-9585, to allow an equipment storage
area to encroach 8 feet into the required 8-foot side yard setback on Lots 8 through 11, Lots
14 through 19 and the eastern 20 feet of Lot 12, Block G, in the Story's Addition. The subject
site is more commonly located at 908 West Main Street.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
that under this minor site plan with deviations, an existing residence is to be relocated to allow
for expansion of the parking lot for the Community Food Co-op. In conjunction with these
. improvements, the applicant is seeking a deviation to allow the installation of a cardboard baler
at the southwest corner of the structure. This equipment is to encroach 8 feet into the
required 8-foot side yard setback, through an extension of the west wall of the building to
screen the equipment. The Associate Planner characterized this proposal as a matter of
logistics, noting that the cardboard baler is most efficient when installed close to the loading
dock.
Associate Planner Morris stated that staff has reviewed the requested deviation and has
determined that it results in a slight extension of an existing wall, which staff feels is
appropriate. He then stated that, in its written report to the Design Review Board, staff
forwarded a recommendation for approval; and the Design Review Board unanimously
. concurred with that recommendation after conducting its review of the proposal.
Mr. Nick Salmon, architect representing the applicant, stated that the purpose of the
application is to address safety issues on the site. He noted that the application, as forwarded,
will help to address the parking problems and provide for better delivery access to the site. He
also noted that, with the cardboard baler in its proposed location, the site will function well.
08-07-95
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He stated that the cardboard baler is to be screened, similar to a trash enclosure, thus
mitigating any potential impacts on neighboring properties.
No one was present to speak in opposition to the requested deviation.
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 Stiff, seconded by Commissioner Stueck, that the
Commission approve the Certificate of Appropriateness with deviation from Section 18.30.050
requested by Crossroads Food Center, Inc., dba Community Food Co-op, under Application No.
2-9585, to allow an equipment storage area to encroach 8 feet into the required 8-foot side
yard setback on Lots 8 through 11, Lots 14 through 19 and the eastern 20 feet of Lot 12,
Block G, in the Story's 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
. Stiff. Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent;
those voting No, none.
Public hearing - Deviation from Section 18.16.050 to allow remodeled back porch to encroach
4 feet into reauired 8-foot side yard setback on Lot 1 and the southern 20 feet of Lot 2. Block
6. Fairview Addition - Richard Pence for Leslie Morninastar. 501 South Tracy Avenue (Z-9583)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviation from Section 18.16.050 requested by Richard Pence for Leslie
Morningstar, under Application No. 2-9583, to allow a remodeled back porch to encroach 4
feet into the required 8-foot side yard setback on Lot 1 and the southern 20 feet of Lot 2,
Block 6, Fairview Addition. The subject site is more commonly located at 501 South Tracy
Avenue.
. Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
that the existing porch currently encroaches four feet into the required 8-foot side yard setback.
Under this application, that encroachment would actually be reduced by one foot, so that the
encroachment will be three feet into the side yard setback. He characterized the new porch
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as a nice addition to the site, and one which will have less adverse effect on the surrounding
area. He stated that the Design Review Board considered this application and the staff's
analysis, as contained in the written staff report, at its meeting on July 25. As a result of that
review, and due to the lack of negative public comment, the Design Review Board has
forwarded a recommendation for approval of the requested deviation.
. The applicant's representative stated a willingness to respond to questions.
No one was present to speak in opposition to the requested deviation.
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, 50 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 deviation from Section 18.16.050
requested by Richard Pence for Leslie Morningstar, under Application No. Z-9583, to allow a
remodeled back porch to encroach 4 feet into the required 8-foot side yard setback on Lot 1
and the southern 20 feet of Lot 2, Block 6, Fairview Addition, subject to the following
. condition: That the applicant shall obtain a building permit within one (1) year of
1.
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
Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent;
those voting No, none.
Public hearing - Conditional Use Permit - Town PumD. Inc.. Affiliate for Bozeman - allow
construction of two-story. one-structure casino servina alcoholic beverages on Tract 1 A. cas
No. 1364. located in the NW%, SE%. Section 11. T2S. R5E. MPM (2401 West Main Street)
(Z-9564)
This was the time and place set for the public hearing on the Conditional Use Permit
. requested by Town Pump, Inc., Affiliate for Bozeman, under Application No. Z-9564, to allow
construction of a two-story, one-structure casino serving alcoholic beverages on Tract 1 A,
Certificate of Survey No. 1364, located in the Northwest one-quarter, Southeast one-quarter,
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is
more commonly located at 2401 West Main Street.
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Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He reminded the Commission
that a previous application, recently considered by the Commission, was for a two-structure
casino with attendant deviations and a variance to allow encroachment into the streambank
setback. He stated that under this new application, the northernmost structure has been
. eliminated; and no encroachment into the watercourse setback requirements has been
identified. He noted that the stream enhancement program proposed with the previous
application is present in this application; and the applicant will work with the Department of
Fish, Wildlife and Parks on that portion of the improvements. He also noted that the new
signage proposal complies with the code requirements, eliminating the need for that previously
requested deviation.
The Senior Planner stated that staff has reviewed this application in light of the six
criteria set forth in the zone code for review of conditional use permit applications; and the
comprehensive staff findings are contained in the written staff report. He briefly summarized
those findings, noting that staff has recommended sixteen conditions for approval of this
. application, which address the concerns identified. He highlighted some of the conditions
which staff feels are important to ensuring that this proposed development does not negatively
impact the area. He noted that the proposed plan does provide one more than the number of
parking spaces required under the zone code; however, because of the fact that this proposed
development is to be located in a development served by private roads with no on-street
parking, staff is recommending that two or three more parking spaces be added at the
northwest corner of the parking lot. He also noted a concern about scaling on the site plan
and, because of that concern, staff is suggesting that one of the proposed parking spaces may
encroach in the streambank setback and need to be relocated.
The Senior Planner stated that a review of the Montana Department of Transportation
improvements to US Highway 191 reveal that the existing common approach from the highway
. to the subject property may require some minimal improvements to ensure proper connection
to the road improvements on the highway.
Senior Planner Skelton stated that the City-County Planning Board conducted its public
hearing on this application at its meeting held on July 18. As a result of that meeting, at which
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no public opposition was expressed, the Planning Board
concurred in the staff's
recommendation for approval, subject to sixteen conditions.
Mr. Jerry Gaston, consulting engineer representing the applicant, forwarded the
applicant's willingness to accept the recommended conditions. He then stated he will respond
to questions.
. Commissioner Stueck announced that he had abstained from voting on the previous
application because his employer at that time had a contract with the corporation. He noted
that, since he is no longer working for that employer, he will vote on this application.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
Mayor Vincent stated that he will support this application because it meets the criteria
under which it must be considered. He noted, however, that he is philosophically opposed to
gambling and is concerned about its proliferation in Montana, particularly in Bozeman.
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 Frost, seconded by Commissioner Youngman, that the
. Commission approve the Conditional Use Permit requested by Town Pump, Inc., Affiliate for
Bozeman, under Application No. Z-9564, to allow construction of a two-story, one-structure
casino serving alcoholic beverages on Tract 1 A, Certificate of Survey No. 1364, located in the
Northwest one-quarter, Southeast one-quarter, Section 11, Township 2 South, Range 5 East,
Montana Principal Meridian, subject to the following conditions:
1. That the monument signs be limited to the maximum allowable height
of five (5) feet and maximum area of twenty-eight (28) square feet for
monument signs, that the site plan verify that the monument sign will
be a minimum of five (5) feet from the property line, and that the
monument sign detail and site plan be revised accordingly for review and
approval by the Planning Office prior to final site plan approval;
2. That the applicant be limited to one continuous neon tube light around
the fascia of the structure's roof, that any proposal for soffit lighting be
verified by the applicant, and that typical details of the method of
illumination for the neon tube and soffit lighting, illustrating the location,
. color, method of installation and illumination output be submitted for
review and approval by the Planning Office prior to final site plan
approval;
3. That the applicant consider installing an additional six (6) foot wide
landscape area at the north and south ends of the structure, between
the off-street parking lot, and that the site plan and landscape plan be
revised accordingly for review and approval by the Planning Office prior
to final site plan approval;
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4. 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;
5. That signage for the zone lot be limited to a low-profile monument sign
and wall signs, and that no free-standing signs be permitted on the zone
lot as part of the Conditional Use Permit application;
6. That the off-street parking lot be redesigned at the northeast corner to
. eliminate any encroachment into the thirty-five (35) foot stream setback,
that additional off-street parking spaces be provided on the west side of
the parking lot, and that the site plan and landscape plan be revised
accordingly for review and approval by the Planning Office prior to final
site plan approval;
7. That the applicant provide documentation of obtaining a 310 Permit for
the Soil Conservation Service for relocation and alteration of the existing
stream/ditch prior to final site plan approval;
8. That the applicant be responsible for maintaining the stream/ditch
between the two culverts at the southeast corner of the property if they
are not connected, and that a trash and debris rack be installed and
maintained at the inlet of the driveway culvert by the applicant for
review and approval by the City Engineer's office prior to issuance of a
final Certificate of Occupancy;
9. That the applicant provide the Planning Office with documentation of
written approval from the Farmer's Canal Company granting approval of
the relocation and alteration of the stream/ditch, or that the applicant
provide the City of Bozeman with a Hold Harmless Agreement with
. appropriate language acceptable to the approval of the City Attorney
releasing the City of Bozeman from any liability with the relocation and
alteration of the stream/ditch prior to final site plan approval;
10. That the applicant address the comments outlined by John Pavsek, City
Engineer's Office, in the memorandum of July 3, 1995, prior to final site
plan approval;
11. That the applicant delineate on the site plan the location of the existing
asphalt pavement on the adjacent property to the east, with regard to
proximity to the relocation of the stream ditch and east property line, for
review and approval by the Planning Office prior to final site plan
approval;
12. That the applicant submit a narrative with the revised site plan for final
site plan approval outlining how each of the conditions of approval have
been satisfied in order to obtain approval from the Planning Director;
13. 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 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;
14. That the applicant shall enter into an Improvements Agreement with the
City to guarantee the installation of required on-site improvements at the
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time of final site plan submittal. Detailed cost estimates, construction
plans, and methods of security shall be made a part of the Agreement;
15. 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
16. 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
Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and MayorVincent;
those voting No, none.
Public hearing - Deviation from Section 18.20.050 to allow 6-foot-wide Dorch addition to
encroach 19 feet into reauired 25-foot front yard setback on Dortions of Lots 1-3. Block E.
Beall's 2nd Addition - Dale Sweetser and Sallv White. 17 East Villard Street (Z-9590)
This was the time and place set for the public hearing on the Certificate of
. Appropriateness with deviation from Section 18.20.020 requested by Dale Sweetser and Sally
White, under Application No. Z-9590, to allow a 6-foot-wide porch addition to encroach 19 feet
into the required 25-foot front yard setback on portions of Lots 1 through 3, Block E, Beall's
Second Addition. The subject site is more commonly located at 17 East Villard Street.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He circulated a set of
photographs of the subject property, which show the significant amount of vegetation that
screens the house from view along the street frontage. He stated that under this application,
a six-foot-wide covered porch is proposed along the south and west sides of the existing
structure. Since the house already encroaches thirteen feet into the required front yard
. setback, the result is the 19-foot encroachment that has been identified.
The Senior Planner stated that in August 1994, the applicant received a Certificate of
Appropriateness to allow a second story on the existing structure. However, it has since been
determined that the existing house is not structurally capable of accommodating a second
story.
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Senior Planner Skelton stated that staff has reviewed this application and forwarded its
comments in the written staff report. Attached to that report is a map showing the diversity
of development in the immediate neighborhood. He noted that the existing mature vegetation
and picket fence provide a nice streetscape along this subject property. He noted that, because
of those elements, staff feels the requested 19-foot encroachment into the front yard setback
. is acceptable. He then forwarded staff's recommendation for approval of the application,
subject to six conditions. He indicated that, following its review of this application and the
staff report, the Design Review Board concurred with that recommendation.
Mr. Dale Sweetser, applicant, read into the record a letter dated August 3, in which he
stated his intent to preserve the existing mature tree at the southwest corner of the house.
No one was present to speak in opposition to the requested deviation.
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 Youngman, seconded by Commissioner Stiff, that the
. Commission approve the Certificate of Appropriateness with deviation from Section 18.20.020
requested by Dale Sweetser and Sally White, under Application No. Z-9590, to allow a 6-foot-
wide porch addition to encroach 19 feet into the required 25-foot front yard setback on
portions of Lots 1 through 3, Block E, Beall's Second Addition, subject to the following
conditions:
1. That the applicants be granted a deviation from Section 18.50.060.A of
the Bozeman Municipal Code to allow a covered porch to encroach more
that five feet into a 25-foot front yard setback and exceed more than
one-third the length of the building wall;
2. That the applicants formally submit to
the Planning Office
documentation stating that the existing mature tree along East Villard
Street will not be removed with the construction of the covered porch,
prior to issuance of a Certificate of Appropriateness and building permit
to proceed with the project;
. 3. Should the applicants propose to replace the existing siding on the
residence, that it be replaced with horizontal siding of a width of six
inches or less, and that it be noted on the exterior elevations prior to
issuance of a Certificate of Appropriateness and building permit;
4. That the applicants confirm on the exterior elevations the material types
existing on the residence, as well as the materials proposed with the
construction ofthe porch (Le., shingles, siding, column dimensions, etc.)
and also confirm the existing and proposed roof pitches, for review and
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approval by the Planning office prior to issuance of a Certificate of
Appropriateness and building permit;
5. That the applicants consider construction of a three-foot railing on the
perimeter of the covered porch; and
6. That the applicants obtain a Certificate of Appropriateness from the
Planning Director and a building permit from the Building Department
prior to proceeding with the project.
. 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.
Break - 8:25 to 8:35 o.m.
Mayor Vincent declared a break from 8:25 p.m. to 8:35 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Decision (continued) - Preliminarv Plat - CUDola Subdivision - subdivide 58.13 acres into 13 lots
for mixed use (industrial. commercial and residential) condominium develooment and 2 ooen
SDace oarcels - Tracts C & D. cas No. 68. located in the NE%. Section 8. T2S. R6E. MPM
(803 East Mendenhall Street) - Raiah and Associates. Inc. (P-9518)
. Mayor Vincent reminded the Commission that this item was deferred during the
afternoon session, due to the late hour.
Condition No. 21 (continued) - Senior Planner Windemaker forwarded several options
for the second access in conjunction with Phase II, with the first one being to allow an
emergency access only. She cautioned, however, that this has not been done in the past and
could establish a very bad precedent. She stated that, to avoid the potential problems that
could result, it would be necessary to condition that provision very heavily, based on
topographic uniqueness. She then stated another option would be to bridge and pave East
Lamme Street to Broadway Avenue; however, that option has not been discussed to date and
it could easily create a bottleneck on the site. A third option would be to leave the language
. as currently proposed; and a fourth option would be to leave the language as it was a couple
of weeks ago, leaving the location of the second access relatively open. She cautioned that
Commissioner concerns have previously been expressed about that option because of the
negative impacts that could result from access being allowed to the north along unpaved
streets. The last option is to change the condition to allow for a permanent second access to
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be provided to the north if Front Street has been improved. She noted that if Front Street has
not been improved, then a second access could be provided to Main Street.
Following discussion, the Commissioners concurred with the last option.
Condition No. 22 - Commissioner Stueck asked if this condition is still needed, in light
of the documentation which the applicant provided at last week's meeting.
. Staff Attorney/Prosector Cooper stated that the copy he has for review was difficult to
read. He then recommended that, rather than deleting the condition, the Commission should
leave it in place. He noted that, if the documentation which has been presented is determined
to be adequate, then the condition will have been met; and the applicant will need to do
nothing further on that issue.
Condition No. 24 - Commissioner Stueck suggested that the condition should be
changed to read "Any and all easements for ditches ..."
Senior Planner Windemaker stated that Condition No.9 requires that ditch maintenance
easements be provided.
The Commission concurred that no changes are necessary in Condition No. 24, in light
. of the provisions of Condition No.9.
Condition No. 32 - Commissioner Stueck stated support for Highland Boulevard being
designed as a 75-foot-wide collector street with a 25-foot front yard setback being required
along the roadway. He noted that this design will result in acquiring less right-of-way and less
impact on the wetlands area. He also noted that Front Street will tie into a narrower street
standard. He stated that this configuration will still allow for two driving lanes and turning
lanes, which he feels are essential.
Commissioner Frost, Commissioner Youngman and Mayor Vincent stated concurrence.
Commissioner Stiff voiced his opposition, stating he feels that the City should require
a 90-foot right-of-way. He then noted that City staff has also strongly recommended that a
90-foot right-of-way be acquired; and he is concerned about going against such a strong
. recommendation.
Condition No. 33 - Commissioner Frost stated he would prefer to require sidewalks on
both sides of the street, with bicycles traveling on the street. He noted that, since there will
be no parking along the street, adequate room is available for separate bike lanes, or for wide
driving lanes that could accommodate both vehicles and bicycles.
08-07-95
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Commissioner Youngman expressed concern about having bicycles and large trucks
sharing the roadway. She then indicated that if a separate bicycle lane were provided, it might
be more acceptable.
Following additional discussion, Senior Planner Windemaker suggested that the
condition be revised to include having the design of the road subject to review and approval
. by the City Engineer, and the location and design of the bike path being recommended by the
Bozeman Area Bicycle Advisory Board.
Condition No. 42 - Commissioner Stueck noted that during the pUblic hearing, he had
proposed that East Mendenhall Street from Broadway Avenue to Highland Avenue be developed
to full street standard and that Highland Boulevard be improved to a gravel emergency access
standard from Mendenhall Street north to the property line. He noted that, between this and
the following condition, that suggestion is accommodated.
Condition No. 43 - Senior Planner Windemaker asked that, in the third line, the words
"of Front Street" be deleted. She noted that the subject right-of-way is located in the
northwest corner of this property; however, it is not really clear whether that right-of-way will
. be Front Street.
Condition No. 44 - Commissioner Frost asked if this condition needs to be revised, in
light of the revision to Condition No. 43.
Mayor Vincent asked if Condition No. 44 conflicts with Condition No. 21.
Senior Planner Windemaker stated that, as revised, these conditions do not conflict.
Condition No. 45 - The Senior Planner recommended that, with her proposed Condition
No. 1A, this condition can be eliminated.
The Commissioners concurred that the conditions, as revised are appropriate. They
then forwarded general comments on the application, as follows.
Commissioner Frost noted that the idea of this proposal has been exciting; but the nuts
and bolts have been difficult.
. Commissioner Youngman characterized the changes in the conditions as an effort to
mitigate impacts on the adjacent residential neighborhood and to protect the public interest,
not to make life difficult for the developer. She cautioned that this approval must not be
construed as support for any specific financing mechanism that may be sought in the future.
08-07-95
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Commissioner Stiff stated that, while he will vote to support this application, he is
extremely disappointed in some of the changes that have been made in the conditions. He
cited the decreased right-ot-way tor Highland Boulevard as an example, noting that improving
of the City's transportation system is one of the top priorities at the present time. He noted
. his support for the affordable housing portion of the project; and he feels that infilling of the
community will be beneficial. He then noted his interest in seeing Phase I of the project
successfully completed, indicating his desire to see the plans for Phases II and III as quickly as
possible.
Mayor Vincent characterized this as an exciting and innovative project with a
tremendous amount of potential to incorporate new development into an existing area without
degradation.
Commissioner Stueck forwarded his hope that the development of the subdivision will
be user friendly and neighbor friendly. He noted that many of the conditions that have been
imposed are to ensure that the industrial uses proposed for this site will be compatible with
existing and new residential development. He then indicated his interest in seeing this become
. a very successful subdivision.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the preliminary plat for Cupola Subdivision, as requested by Rajah and
Associates, Inc., under Application No. P-9518, to subdivide 58.13 acres into 13 lots for mixed
use (industrial, commercial and residential) condominium development and 2 open space parcels
on Tracts C and 0, Certificate of Survey No. 68, located in the northeast one-quarter, Section
7, and the northwest one-quarter, Section 8, Township 2 South, Range 6 East, Montana
Principal Meridian, subject to the following conditions:
1. That 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 a
Platting
Certificate.
. 2. All conditions of approval of Application No. Z-9539 shall be met prior
to installation of subdivision infrastructure improvements.
3. The following notes shall be added to the plat:
a) Due to the relatively high groundwater
table within the
subdivision, it is not
recommended that full or daylight
basements be constructed.
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4. The property owners shall provide a hold harmless and indemnification
agreement holding the City of Bozeman harmless and indemnifying it
from liability claims and remediation arising from
environmental
contamination that arises from the dedicated property and public
improvements that arise prior to date of acceptance of dedication or
public improvements. The agreement shall be provide to the City
Attorney for review and approval prior to site grading, initiation of
construction, and final plat approval.
. 5. The applicant shall provide a schedule of improvement phasing, timing
and completion dates; including all public improvements and all on-site
common area improvements, to the Planning Department for review and
approval prior to final plat approval.
6. The applicant shall submit a Weed Control Plan for the subdivision to
County Weed Control Officer for approval, and a signed copy of the plan
be submitted to the Planning Department prior to final plat approval, and
the plan shall be initiated prior to final plat approval.
7. The Montana Fish, Wildlife and Parks; Soil Conservation Service,
Montana Department of Health and Environmental Sciences, and Army
Corps of Engineers shall be contacted regarding the proposed project;
and any required permits (i.e. 310, 404, turbidity exemption, etc.) shall
be obtained. Documentation that permits have been obtained, or that
none are required, shall be provided to the Planning Department and the
City Engineering Department prior to any site grading or initiation of
construction.
8. The property owners shall provide and file with the County Clerk and
. Recorder's Office an executed Waiver of Right to Protest Creation of
SID's. The Waivers shall specify that in the event SID's are not utilized
for the completion of these projects, the applicant 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. Said Waiver
shall include the following improvements:
a) Signalization improvements to Broadway and Main Street, and/or
Wallace and Main Street.
b) Sidewalk on the south side of Mendenhall from Broadway to
Cupola Lane. Said waiver shall be a covenant running with the
land and shall not expire.
9. Utility easements shall be shown on each lot on the final plat. The 20
foot access easement off of the Hillside development shall be changed
to a utility and access easement.
10. A minimum 20-foot (15 feet on one side and 5 feet on the other) ditch
maintenance easement shall be provided along the ditch(s).
. 11. The covenants shall be amended to include; the City of Bozeman as a
limited nonvoting member so that the covenants with regards to matters
which affect public interest may not be amended or revoked without the
mutual consent of the City of Bozeman; assurances of public access to
the trail system, open space, and wetlands; the common elements shall
specifically include street, driveways, curbs, gutters, sidewalks, drainage
appurtenances; repair and maintenance of the common elements shall
be specifically discussed; conflict resolution body with non-owner tenant
representatives; and amendments as proposed by the applicant, and
08-07-95
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submitted to and approved by the City Attorney's Office and the
Planning Department prior to final plat approval.
12. 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.
13. An erosion/sediment control plan, approved by the Montana Department
of Health and Environment Sciences, shall be provided and approved by
the City Engineering Department, and implemented prior the final plat
approval. 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; and
documentation of this contact shall be furnished to the Planning
Department prior to final plat approval. The developer shall provide a
copy of his stormwater permit to the City of Bozeman and demonstrate
compliance prior to initiation of any related construction.
14. 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.
15. All dead end roads must end in an temporary turnaround approved by
the City Engineering Department. If the turnarounds are not located on
. the subject property, easements for the temporary turnarounds shall be
recorded prior to approval of the infrastructure plans and specifications.
City standard barricades shall be constructed at the ends of any dead-
end city streets created by this subdivision.
16. 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 one hundred
and fifty percent (150%) of the cost of the remaining improvements.
17. Alignment of Highland Boulevard at both the north and south terminus
is still subject to review and approval. At the north end, the alignment
must match the City's design of Front Street improvements. At the
south end, more detailed information is necessary to assess the
geometrics of the Highland/Main intersection.
18. Any additional off-site right-of-way necessary to construct Highland
Boulevard, Front Street, and Mendenhall improvements required of this
. development must be secured, at the applicant's expense prior to
construction of the subject streets. This condition does not preclude a
joint public/private acquisition of the right-of-way for Highland Boulevard
or the City obtaining the right-of-way for Highland Boulevard through
condemnation.
19. Rubberized crossings must be installed on Mendenhall Street at the
railroad spurs. Appropriate signage and pavement markings must be
installed by the applicant at these spur crossings.
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20. All recommendations made in the site's geotechnical report must be
followed/implemented when constructing public infrastructure.
21. A second City-standard street access tothe subdivision shall be provided
prior to construction in Phase II. This access may connect to Front
Street only if Front Street has either been improved to a City street
standard from North Rouse Avenue to Broadway/Front or financing is in
place with construction anticipated to be completed prior to completion
. of the first building in Phase II.
22. Full public access to the State of Montana owned land southeast of this
property must be dedicated on the final plat. If the applicants prove that
this property has reasonable legal access from another direction to the
satisfaction of the City Attorney, then full public access shall consist of
a 30 foot wide public access easement with county gravel standard
drivable surface.
23. Waivers of right-to-protest creation of SIDs for signalization of the
intersections of Main and Broadway and/or Main and Wallace must be
signed by the property owner(s).
24. Any and all ditches across the property must be maintained, unless
written consent is obtained from the ditch owner(s) to change, alter, or
abandon the ditch. If any ditch has been abandoned, this requirement
is not in force for said ditch.
25. The applicants shall provide a clear delineation of maintenance
responsibilities and apportionment of costs between the City and the
property owners (present and future) for the for the 28 foot Mendenhall
. right-of-way and adjacent public use areas. This shall be subject to the
review and approval of the Public Services Director and the City
Attorney.
26. Plans and specifications for the water and sewer main extensions and
for the public and private streets (including curb, gutter and sidewalks)
and related storm drainage infrastructure improvements prepared by a
Professional Engineer (PE) registered in the State of Montana shall be
provided to and approved by the City Engineer for each phase of the
development. 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. Construction shall not be initiated on the
public infrastructure improvements for any phase until the plans and
specifications for that phase have been approved by the City Engineer
for that phase and a preconstruction conference has been conducted.
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 located less than 10 feet from the edge of
the easement.
. 27. All infrastructure improvements for each phase including 1) water and
sewer main extensions, and 2) Public streets, curb & gutter, sidewalks
fronting parks, open space, or other non-lot frontages, and related
storm drainage infrastructure improvements shall be constructed prior to
final plat approval for each phase. No building permits for any phase of
development will be issued prior to City of Bozeman acceptance of the
infrastructure improvements for that phase. City standard sidewalks
shall be constructed on all public street frontages of a property prior to
occupancy of any building constructed on that property. Upon the third
anniversary of the plat recordation of any phase of the Planned Unit
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Development, any lot owner who has not constructed said sidewalk
shall, without further notice, construct said sidewalk for their lot(s),
regardless of whether other improvements have been made on the lot.
This condition shall be included on the plat and in the covenants for the
subdivision.
28. Prior to the construction of any infrastructure for this project, a detailed
utilities design report shall be provided to the City Engineer. This design
. report shall assess both the estimated design wastewater flows and the
estimated water demands in relation to the existing systems capacity
to provide the required service. The design report shall fully consider the
ultimate service area for the proposed development. Any deficiencies in
the existing infrastructure shall be corrected to the extent necessary to
provide adequate service for each phase of this project as part of the
infrastructure improvements proposed for this project. Recognizing that
the City may participate in existing deficiencies and oversizing costs in
accordance with City policy.
29. Plans and specifications for all fire service lines in a given phase must be
prepared in accordance with the City's Fire Service Line Policy by a
Professional Engineer (PE) registered 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 certification, and preparation of mylar
record drawings.
30. All portions of utility lines which may at any time be subject to excessive
or differential settlement shall be identified prior to any Phase I
. construction. A plan detailing the specific steps which will be taken to
eliminate the damaging effects of this settlement prepared by a
Geotechnical engineer will be submitted to and approved by the City
Engineer.
31. Sanitary sewer lines shall be constructed with manholes at all changes
of direction, slope or diameter. Any manholes installed in groundwater
or wetland shall be watertight and so designed as to resist all buoyant
forces.
32. All water mains for each phase of development shall be looped fully. No
section of water main shall require a subsequent phase to complete its
loop.
33. The Highland Boulevard Right-of-Way shall be dedicated to a 75-foot
width. In that the proposed development plans indicate construction and
landscaping on the Highland Boulevard fill slopes, it is important that the
full right-of-way width be provided at the top of the fill section that is to
be constructed. The City Commission may consider entering into an
agreement to participate in the construction of the additional fill required
to go from a 60 foot wide ( local street) embankment width to a 75-
foot wide embankment. Setbacks along Highland Boulevard shall be a
. minimum of 25 feet.
34.
Each Phase of Highland Boulevard between Main Street and Broadway
shall be constructed as proposed with design subject to review and
approval of the City Engineer. Turning lanes shall be provided at the
intersections of Highland Boulevard with Rajah
Drive and East
Mendenhall Street. Highland Boulevard shall be constructed with curb
and gutter, City standard boulevard sidewalks on both sides of the
Street, and necessary storm drainage elements. A hike/bike path,
meeting AASHTO standards, shall be provided within the street right-of-
08-07-95
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way. The design shall be reviewed by the Bozeman Area Bicycle
Advisory Board, with those recommendations to be forwarded to the
City Engineer for review and approval.
35. All water and sewer main extensions and relocations must be designed
by a Professional Engineer registered in the State of Montana. Plans and
specifications to be submitted and approved by the State Department of
Health and Environmental Sciences. Applicant must also provide P.E.
. services for construction inspection, post construction certification, and
preparation of Mylar record drawings.
36. Water main extension installed for each phase must be "looped" or
supplied from both ends to assure adequate supply for fire protection.
Maximum dead end water main extension length without looping is 250
feet.
37. Water and sewer main extensions and service stubs for each phase of
the projects must be installed, tested, approved and accepted by the
City of Bozeman prior to issue of building permits for that phase.
Specific comments concerning water and sewer will be made during
review of engineering plans.
38. City of Bozeman requires a thirty foot utility easement for water and/or
sewer main extensions. Water and sewer mains in this thirty foot
easement are to be located a minimum of 10 feet apart and equal
distance from each main to the easement lines. This arrangement
assures at least 9 feet separation from the mains to trees, structures,
etc., located outside of the easement.
. 39. That 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.
40. The applicants shall provide all public rights-of-way, and utility and
drainage easements to the City of Bozeman prior to or in conjunction
with Phase I final site plan approval and/or final plat approval for Phase I.
41. The applicants shall provide and maintain a gravel, restricted emergency
access from the proposed Phase I end of Mendenhall to connect to an
existing presently traveled right-of-way located northwest of the
property, which is improved to at least a gravel standard, prior to final
plat approval. The access restriction shall be subject to review and
approval of the Fire Department.
42. Access to Front Street shall be emergency access even in later phases,
unless and/or until the City shall determine that full public access is
warranted. At that time, it shall be the property owners responsibility
to improve Front Street to a full City standard paved road. Front Street
shall be improved from the Highland/Mendenhall intersection to a
location determined by the City during review and approval of the
design.
. 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.
08-07-95
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Ordinance No. 1404 - amending Section 10.32.180 and addina Section 10.32.185 to the
Bozeman MuniciDsl Code. to Drovide for the creation of 'handicsD bus loading/unloading zones'
under certain conditions. and Droviding for Denalties for violations of said Drovision
Previously distributed to the Commissioners were copies of Ordinance No. 1404, as
approved by the City Attorney, entitled:
. ORDINANCE NO. 1404
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION 10.32.180 AND BY ADDING A NEW SECTION TO BE
NUMBERED AS SECTION 10.32.185 TO SAID CODE; PROVIDING FOR THE
CREATION OF 'HANDICAP BUS LOADING/UNLOADING ZONES' UNDER
CERTAIN CONDITIONS, AND PROVIDING FOR PENALTIES FOR VIOLATIONS
OF SAID PROVISION.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission finally adopt Ordinance No. 1404 on second reading, amending the Bozeman
Municipal Code to provide for "handicap bus loading/unloading zones". 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.
.
Ordinance No. 1406 - amending ChsDters 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 MuniciDsl Code. to incorDorate comprehensive
zone code amendments
Included in the Commissioners' packets was a copy of Ordinance No. 1406, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1406
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS
AMENDED BY ORDINANCE NO. 1374, WHICH ORDINANCE IS NOT
CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY
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; ENTRYWAY OVERLAY DISTRICT; GENERAL
BUILDING AND DEVELOPMENT STANDARDS; DESIGN REVIEW BOARD (DRB)
08-07-95
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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.
Acting City Manager Brey stated that this ordinance enacts the comprehensive zone
. code amendments which were the subject of public hearings and approval approximately a year
ago. He then announced that the flow chart, which the Commission had required be provided
prior to final adoption of this ordinance, will be presented during next week's work session.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission provisionally adopt Ordinance No. 1406 on first reading, amending various
sections of zone code as contained in Title 18 of the Bozeman Municipal Code, and that it be
brought back in two weeks for final adoption. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner
Frost and Mayor Vincent; those voting No being Commissioner Stueck.
Ordinance No. - Tentative Aoorooriation Ordinance fa Fiscal Year 1995-1996
. Included in the Commissioners' packets was a copy of the Tentative Appropriation
Ordinance, as approved by the City Attorney, entitled:
ORDINANCE NO.
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.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission adopt the Tentative Appropriation Ordinance for Fiscal Year 1995-1996, and set
the public hearing for August 21, 1995. 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.
Aopointment to Bozeman Area Bicycle Advisory Board
Included in the Commissioners' packets was a memo from Clerk of the Commission
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Sullivan, dated July 28, 1995, forwarding the listing of applicants for the various boards and
commissions, as a result of the recent newspaper advertisement.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission appoint Russell R. Johnson to replace Sean Knight on the Bozeman Area Bicycle
. Advisory Board, with a term to expire on December 31, 1996. 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.
ADDointment to CDBG Economic Develooment Loan Review Committee
The Commission determined that the one applicant for this committee did not meet the
requirements of any of the three open positions.
Aooointment to Community Affordable Housing Advisory Board
The Commissioners reviewed the applications for each of the specific positions on this
. newly-created board. Following that review, the Commissioners selected members, as follows.
It was moved by Commissioner Frost, seconded by Commissioner Stueck, that the
following persons be appointed to fill the following positions on the Community Affordable
Housing Advisory Board:
Thomas E. Borstad Real estate financing
Monte Cooper Real estate sales
Tom Simkins Construction industry
Riessa Short Legal profession
Berit L. Manion Organization which supports availability of LMI housing
in the community
Joan M. Davies Organization providing services to LMI persons
. Sara Sue Hult Member of the public certifying he/she is LMI, as
defined in City's affordable housing policy
Peg Biekert City's Finance Department
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent;
those voting No, none.
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Discussion - FYI Items
Acting City Manager Ron Brey presented to the Commission the following "For Your
Information" items.
(1 ) Copy of a press release announcing that the Enhancement Program Steering
. Committee is accepting applications for enhancement projects under the Community
Transportation Enhancement Program.
(2) Copy of a letter to several downtown business owners regarding signs placed
on the sidewalk without a current Revocable Permit and attendant Certificate of Insurance.
(3) Memo from Senior Planner Windemaker, dated July 31, forwarding a letter from
the Montana Department of Transportation, dated July 13, suggesting that the volume of
pedestrian traffic crossing East Main Street at Cypress Avenue does not warrant a crosswalk
at this time.
(4) Copy of a letter from Planning Director Epple to Renae Thorp, dated August 3,
regarding the Aware, Inc., group home which is to be located on South Rouse Avenue.
(5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
. August 8, at the Courthouse.
(6) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, August 8, 1995, in the Commission Room.
(7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, August 8, 1995, in the Commission Room.
(8) Acting City Manager Brey noted he has just returned from two weeks of
vacation, during which the highlight was saving a loon.
(9) Commissioner Stueck stated that he attended the neighborhood meeting
concerning the proposed group home. He noted that approximately 130 people attended that
meeting, at which a substantial amount of misinformation was corrected. He stated the
consensus of the neighborhood was that they would have preferred to be notified, in a more
. open process, about the location of this home in their neighborhood.
(10) Commissioner Frost stated that on Thursday, he took the students in the Youth
Build program to the opening ceremonies for The Moving Wall. He noted that both the setting
and the opening ceremonies were impressive.
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(11 ) Commissioner Youngman stated that her week was filled with Sweet Pea
activities, viewing of The Wall and preparing for this meeting.
(12) Commissioner Stiff submitted the following. (1) Attended an extremely
interesting meeting of SCORE and members from the Emerson Cultural Center. (2) Gave a copy
. of information on upcoming meetings in Great Falls, Lewistown and Billings about the highway
system to Acting City Manager Brey.
(13) Clerk of the Commission Sullivan briefly highlighted the topics to be covered
during next week's work session.
Commissioner Frost requested that an update on subdivision regulations and street
standards be added to the list of topics.
Commissioner Youngman asked that a discussion on implementation of the housing
policy be added, since both Neighborhood Coordinator/Grantsperson Goehrung and Planning
Director Epple are to be present.
( 14) Mayor Vincent announced that he officiated at a wedding on Saturday, noting
that it went well. He stated that what he had anticipated to be an intimate affair turned out
. to be very formal, with over 200 in attendance.
Consent Items
Acting City Manager Ron Brey presented to the Commission the following Consent
Items.
Proclamation - Recoanizina students of Kumamoto Gakuen University for their
volunteer work in finishing the Peets' Hill Trail
Authorize Clerk of Commission to advertise for DubUc hearing re deannexation
of east side of 600 block of South 15th Avenue from MSU Residential
Parkina District: set DubUc hearing for Auaust 21. 1995
Authorize City Manaaer to sian - Sewer and Water Pioeline and Access
Easement and Aareement - Ranch and Home SupDIY. Inc. - 30-foot-wide
easement across Lots 2 and 13. Gordon Mandeville State School Section
Subdivision (west side of North 7th Avenue. north of Mandeville Lane)
. Authorize City Manaaer to sian - Amendment No.1 to Professional Services
Agreement - Chen-Northern . Inc. -
landfill hYdroaeological and
engineering services
Authorize City Manaaer to sign. Agreement between City of Bozeman. Gallatin
County and TRI Touch America for long distance telephone services
Authorize City Manager to sign - Aareement for extension of sewer service to
Kountz Mobile Home Park. UDon Kountz execution of document
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Ratify City Manager's aooroval of Soecial Catering Liauor License - Baxter Hotel
Corooration - Class of '75 Reunion - Emerson Cultural Center - Saturday.
July 29. 1995
Ratify City Manager' s signature - Water Pioeline and Access Easement
Aareements with Estate of Harry Daum. Lori Healy. Anna Mae Anderson.
Conservator for Ramona M. McKean. Joan Anderson and Ross Anderson
- relocate 30-foot-wide easement alona west end of Main Mall to
. accommodate exoansion of the Bon March6
Authorize City Manaaer to sign - Professional Services Agreement with
MSE/HKM.lnc. - engineering services for imorovements to Durston Road
between North 7th Avenue and North 19th Avenue
Authorize City Manager to sign - Professional Services Agreement with
MSE/HKM. Inc. - engineering services for signalization of intersection of
East Main Street and Highland Boulevard
Authorize staff to imolement oarkina restrictions on West lincoln Street between
South Willson Avenue and South Grand Avenue
Authorize use of annual leave - City Manaaer Wysocki - August 7 throuah 11.
1995
Authorize absence of Commissioner Youngman from meetina of August 21.
1995. in comoliance with Section 7-3-4322(2), M.C.A.
Award bid for sianalization of intersection of South 19th Avenue and West
Colleae Street
. Commission Resolution No. 3073 - stating City's intent to budget an increased
amount of ad valorem tax revenue for Fiscal Year 1995-1996: set oublic
hearina for Auaust 21. 1995
COMMISSION RESOLUTION NO. 3073
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE CITY'S INTENT TO BUDGET AN INCREASED
AMOUNT OF AD VALOREM TAX REVENUE FOR FISCAL YEAR 1995-1996.
Building Insoection Division reoort for June 1995
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.
Adjournment - 9:50 O.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
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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.
e
ATTEST:
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ROBIN l. SULLIVAN
Clerk of the Commission
.
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08-07-95