HomeMy WebLinkAbout1995-07-17 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 17, 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, July 17, 1995, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City
Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Vincent asked if any of the Commissioners wished to remove any of the
Consent Items for discussion. City Manager Wysocki asked that the request for City
participation in funding of the traffic signal at US Highway 191 and Ferguson Avenue be
removed for discussion.
Minutes - July 3 and July 10, 1995
. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
minutes of the meeting of July 3, 1995, be approved as submitted and that the minutes of the
meeting of July 10, 1995, be approved as amended. The motion carried by the following Aye
and No vote: those vot)ng Aye being Commissioner Youngman, Commissioner Stiff,
Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
Preliminary plat review - Pond's Edae - subdivide 5.955 acres into four lots - Tracts 3 and 4,
Van Horn Subdivision; variance from Section 16.12.020.G. of the Bozeman Municipal Code to
allow lot NO.2 to not front on a dedicated public street or approved private street - Dennis
Balian (3316 West Babcock Street) (P-9522)
This was the time and place set for review of the preliminary plat for Pond's Edge,
as requested by Dennis Balian, under Application No. P-9522, under which 5.955 acres known
. as Tracts 3 and 4, Van Horn Subdivision is subdivided into four lots, with an attendant variance
from Section 16.12.020.G. of the Bozeman Municipal Code to allow Lot No.2 to not front on
a dedicated public street or an approved private street. The subject property is located along
the south side of West Babcock Street, just east of Fowler Avenue, and is more commonly
known as 3316 West Babcock Street.
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City Manager Wysocki noted that, included in the Commissioners' packets, was a
letter from Mr. Dennis Balian, dated July 14, withdrawing this application, to allow him an
opportunity to consider issues raised during the review process. He then recommended that
the Commission acknowledge receipt of this letter.
. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission acknowledge receipt of the letter of withdrawal, dated July 14, 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.
Ordinance No. 1401 - revisina regulations pertaining to the MSU Neiahborhood Residential
Parking district bv reducina the number of visitor permits allowed Der household. definina the
lawful use of visitors' parking permits and specifvina the reauirements for permit location on
vehicles
Previously distributed to the Commissioners was a copy of Ordinance No. 1401, as
approved by the City Attorney entitled:
ORDINANCE NO. 1401
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY REVISING SECTIONS 10.32.380. 10
.32.390 AND
10.32.395 OF SAID CODE; PROVIDING FOR REDUCTION OF THE NUMBER
OF TEMPORARY VISITORS' PARKING PERMITS TO BE ISSUED TO EACH
HOUSEHOLD; THE LAWFUL USE OF TEMPORARY VISITORS' PARKING
PERMITS; AND SPECIFYING THE REQUIREMENTS FOR PERMIT LOCATION
ON THE VEHICLE.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission finally adopt Ordinance No. 1401 on second reading, amending the regulations for
the MSU Neighborhood Residential Parking District. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner
Stueck, Commissioner Frost,
Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none.
. Ordinance No. 1402 - amendina the zoning desianation from A-S to PLI on 28.759-acre tract
located in the SW~. SE~. Section 24. T2S. R5E. MPM (west side of South Third Avenue.
owned bv School District No.7)
Previously distributed to the Commissioners was a copy of Ordinance No. 1402, as
approved by the City Attorney, entitled:
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ORDINANCE NO. 1402
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "A-S"
(AGRICUL TURE--SUBURBAN) TO "PU" (PUBUC
LANDS AND
INSTITUTIONS) ON 28.759 ACRES LOCATED IN THE SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION
24,
. TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission finally adopt Ordinance No. 1402 on second reading, amending the zoning
from "AS" to "PU" on the 28.759-acre middle school site located along the west side of South
Third Avenue. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those
voting No, none. Commissioner Stueck abstained.
Ordinance No. 1403 - amendina the zoning desianation from R-S to R-3a on 3.557-acre carcel
known as Tract A of COS No. 573. located in Section 13. T2S. R5E. MPM (1800 West Kagv
Boulevard. reauested bv Elden Chang for Yelew Builders)
Previously distributed to the Commissioners was a copy of Ordinance No. 1403, as
. approved by the City Attorney, entitled:
ORDINANCE NO. 1403
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-S"
(RESIDENTIAL--SUBURBAN) TO "R-3a" (RESIDENTIAL--TWO-FAMll Y,
MEDIUM-DENSITY) ON 3.557 ACRES KNOWN AS
TRACT A OF
CERTIFICATE OF SURVEY NO. 573, LOCATED IN SECTION 13. TOWNSHIP
2 SOUTH, RANGE 5 EAST. MONTANA PRINCIPAL MERIDIAN.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission finally adopt Ordinance No. 1403 on second reading, amending the zoning from
"RS" to "R-3a" on the 3.557-acre parcel located at 1800 West Kagy Boulevard. 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.
Ordinance No. 1404 - amendina Section 10.32.180 and adding Section 10.32.185 to the
Bozeman Municical Code. to crovide for the creation of 'handicac bus loading/unloadina zones'
under certain conditions. and providina for penalties for violations of said crovision
Included in the Commissioners' packets was a copy of Ordinance No. 1404, as
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approved by the City Attorney, entitled:
ORDINANCE NO. 1404
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY REVISING SECTION 10.32.180 AND 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 PENAL TIES FOR VIOLATIONS OF SAID PROVISION.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission provisionally adopt Ordinance No. 1404 on first reading, amending the Bozeman
Municipal Code to provide for "handicap bus loading/unloading zones", 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 Stiff, Commissioner Stueck, Commissioner Frost,
Commissioner Youngman and Mayor Vincent; those voting No, none.
ADDointment to Bozeman Beautification Advisorv Board
It was moved by Commissioner Youngman, seconded by Commissioner Frost, that
. the Commission appoint Walt Willett to replace Peggy Mcleod on the Bozeman Beautification
Advisory Board, with a three-year term to expire on June 30, 1998. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Frost, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
ADDointment to Desian Review Board
It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that
the Commission appoint Paul Gleye to replace Richard Parrish as a professional architect on the
Design Review Board, with a two-year term to expire on June 30, 1997. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Stueck,
Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those
. voting No, none.
It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that
the Commission appoint Walt Willett to replace Maire O'Neill as a professional architect on the
Design Review Board, with a two-year term to expire on June 30, 1997. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Stueck,
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Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those
voting No, none.
Discussion - Dossible simDlification of Drocedure for review and aDDroval of conformina sians
. Commissioner Youngman stated that the memo from Planning Director Epple, dated
July 14, which was included under "FYI Items" in this packet, basically addresses this issue.
She noted staff's determination that the zone code amendments which are being currently
being placed in final ordinance form will allow for Administrative Design Review staff to
approve conforming signs in the conservation overlay district. She feels that this streamlining
of the conforming sign approval process should adequately answer the concerns which have
been expressed.
Commissioner Youngman then asked if there is any way to establish an earlier
effective date for the ordinance than October 1, 1995.
City Attorney Luwe responded that the ordinance must be adopted at two separate
meetings, and that it cannot become effective for thirty days after its adoption. He noted that
. in this instance, in light of the tentative schedule for adoption of the ordinance, the earliest
effective date possible is September 21, 1995.
Pledaed Securities as of June 30. 1995
In compliance with the provisions of Sections 7~6-201 to 7-6-212, Montana Code
Annotated, Commissioner Youngman and Commissioner Stiff have examined the receipts of
Depository Bonds and Pledged Securities held by the Director of Finance as security for City
funds deposited in Bozeman banks.
Commissioner Youngman reported that the inventory of Depository Bonds and
Pledged Securities was found to be in order.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
. Commission approve the Pledged Securities as of June 30, 1995, listed as follows:
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DEPOSITORY BONDS AND SECURITIES
JUNE 30, 1995
RATE MATURITY RECEIPT NO. TOTAL AMOUNT
FIRST SECURITY BANK - Bozeman
. Federal Deposit Insurance Corporation $ 100,000.00
Trusteed with National Bank of Commerce
Dupage Cnty, III SID #045 Bds 6.1 06/01/2001 048037 $
300,000.00
Newton, IA Bonds SRS 1989 9.50 06/01/1998 046762
150,000.00
Canton, TX, Indpt SID Rfdg Bond 5.65 02/15/2000 048562
345,000.00
Cowlitz Cnty WA SID #401 6.30 06/01/2000 048236
290.000.00
Sub-Total - First Security Bank - Bozeman $ 1.085.000.00
Pledaina Amendment to Repurchase Aareement:
Trusteed with National Bank of Commerce:
Fed Home Loan Banks floater 07/28/1997 052396 $ 1.000,000.00
Fed Home Loan Banks 6.625 07110/1997 052192 800.000.00
. Sub-Total - Repurchase Agreement $ 1.800.000.00
TOTAL - First Security Bank - Bozeman $ 2.885.000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the National Bank
of Commerce for the Depository Bonds held by the Director of Finance as security, for the
deposit for the City of Bozeman funds as of June 30, 1995, by the banks of Bozeman and
approve and accept the same.
JOHN VINCENT, Mayor
JOE N. FROST, Commissioner ALFRED M. STIFF, Commissioner
.
DON E. STUECK, Commissioner MARCIA B. YOUNGMAN, Commissioner
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.
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Reauest for City DarticiDation in fundina installation of traffic signal at the intersection of US
Highwav 191 and Ferauson Avenue. in the amount of $34.127.00
City Manager Wysocki reminded the Commission that he had requested this item be
removed from the Consent Items.
The City Manager reviewed the letter from PC Development, dated July 12,
. requesting that the City participate in the costs of installing the traffic signal at the intersection
of US Highway 191 and Ferguson Avenue. He reminded the Commission that, as a condition
for approval of the Valley Commons Planned Unit Development, the applicant was required to
bear 50 percent of the costs of installing the signal. If this traffic signal is installed in
conjunction with the Bozeman/Four Corners project on US Highway 191, the costs of the
installation are estimated at $88,255. In that letter, Mr. Clinton identifies several possible
participants in the costs of the project, suggesting that the City could, in fact, recover at least
a portion of its investment as these properties are developed.
The City Manager stated that running of the wires under the roadway for the signal
and installation of any poles does not necessarily mean that the traffic signals will be installed,
. particularly if warrants are not met; however, it does save on the costs of installation at a later
date. He then noted the importance of recognizing that doing the under-road work now will
avoid the need to cut new pavement and then patch it shortly after the road has been
completed.
Commissioner Stiff stated he had asked the City Manager to pull this item from the
Consent Items so that the minutes could reflect the fact that recovery of the costs is possible.
Commissioner Stueck recognized the cost savings which this proposal represents,
noting that most traffic signal installations have been estimated at well over $100,000. He
also noted that the County Commission feels this project is important enough to appropriate
monies toward it. He then noted that the Montana Department of Transportation has indicated
a willingness to handle this traffic signal installation as a change order; and the contractor has
. indicated he will do the work at the unit costs which he has bid for the project. He noted that,
since this item can be rolled into the overall project, the start-up and shut-down costs are
avoided.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the request for City participation in the installation of a traffic signal at
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the intersection of US Highway 191 and Ferguson Avenue, in the amount of $34,127.00. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Stueck, Commissioner Frost, Commissioner Youngman and MayorVincent; those
voting No, none.
. Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Copy of a letter from Assistant Planning Director Arkell to Carolin Peipelman,
dated July 10, regarding withdrawal of her application for a conditional use permit.
(2) Memo from Assistant City Manager Ron Brey, dated July 12, forwarding a
complaint he received from Dave Delap, 825 South Grand, regarding the process for creation
of the MSU Residential Parking District and subsequent annexations.
(3) Memo from Assistant City Manager Ron Brey, dated July 17, forwarding his
comments on Mrs. Adams' comments during the public hearing on July 3 regarding the MSU
. Residential Parking District.
(4) Memo from Planning Director Andy Epple, dated July 14, regarding the
pending zone code amendments and their effect on sign reviews.
(5) Letter from Joni Steffanson, dated July 10, regarding sidewalks.
(6) Copy of an article entitled Steamy summer prices, published in the June 26,
1995 edition of ENR, as forwarded by Director of Public Service.
(7) Copy of a map showing Phase III of the steam and condensate distribution
project being undertaken by MSU, along with the timeline for construction.
(8) Letter from the Bozeman Gem and Mineral Club Show Committee, dated
July 11, regarding the need for a convention center in Bozeman.
(9) Copy of a letter to Historic Preservation Officer Derek Strahn from Ed
. McCrone, dated July 4, forwarding a willingness to store the enamelized panels and other
salvaged materials from the Silent Knight building.
(10) Copy of a letter from the City Manager to Mardella and Bruce Brock, dated
July 14, regarding sidewalks.
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The Commissioners stated that the letter was well written and should be used as a
response to other letters on the same subject, such as the letter just received from Ms.
Steffanson.
(11 ) Copy of a letter from Mr. and Mrs. George Sikonia, 604 South 11th Avenue,
. dated July 7. stating support for the MSU Residential Parking District.
(12) Notices of Special Meetings for work sessions on the proposed budget, set
for Tuesday, July 18; Thursday, July 20; and Thursday, July 27, in the Conference Room.
(13) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, July 18, in the Commission Room.
(14) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on Tuesday, July 18, in the Commission Room.
(15) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, July 18, at the Courthouse.
(16) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, July 20, in the Commission Room.
. (17) The City Manager submitted his weekly report, as follows. (1) attended the
Montana League of Cities and Towns District 10 meeting on Thursday, at which an update on
the recent legislative session was presented. (2) Met with representatives from the Chamber
of Commerce about the rest area/visitors' center at the North 19th Avenue interchange. He
noted that the Chamber intends to retain the rest area/manned visitors' center at the
interchange, viewing this as an opportunity to attract tourists into the community. (3)
Attended the Parking Commission meeting on Thursday morning. (4) Noted that tree trimming
operations are continuing along South Willson Avenue. (5) Announced that work on West
College Street between South Willson Avenue and South 8th Avenue is beginning today. (6)
Noted that overlaying of North 7th Avenue has been completed. He also noted that openings
. have been included in some of the medians to accommodate future landscaping that meets the
MOOT standards. (7) Announced that the Transportation Coordinating Committee will meet
at 10:00 a.m. on Wednesday in the Commission Room. (8) Announced that Mr. Jacoby, Blue
Cross/Blue Shield, is available in the Coffee Room to review the changes in health insurance
coverage and to review the options available with any interested employees. He suggested that
the Commissioners may wish to talk to Mr. Jacoby following this meeting.
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(18) The City Manager informed the Commission that the City has received one
bid for the South 19th Avenue/West College Street signalization project; and that bid was
substantially over the engineer's estimate. Discussions with the bidder have not resulted in any
reductions; therefore, the City Manager forwarded staff's position that the bids for the project
. be rejected and that the bidding process be started once again.
The Commissioners concurred in the staff's position, as forwarded by the City
Manager.
( 19) Commissioner Frost stated that he attended the urban renewal committee
meeting on Thursday evening. He noted the initial plan is nearly complete, and should be
finalized shortly. He stated that, in an effort to address the School Board's concerns, the
committee has agreed to propose a fifteen-year program, with only monies to retire any
outstanding bonds being retained in the tax increment program after that time.
(20) Commissioner Youngman stated she will be unable to attend the TCC
meeting on Wednesday morning.
Mayor Vincent stated he will try to attend the meeting.
. (21 ) Commissioner Stueck submitted the following. (1) Stated that South Third
Avenue will be closed between Wagon Wheel Road and Graf Street to run water and sewer
lines under the road for the new middle school site. He stated that the road should be closed
for just a few days; and traffic will be routed along Wagon Wheel Road during that period. (2)
Announced that he will be late for this evening's meeting because he must first attend the
School Board meeting.
(22) Commissioner Stiff submitted the following. (1) On Thursday, he attended
the Cemetery Board meeting, immediately followed by the Montana League of Cities and Towns
meeting. (2) Reviewed the area of the proposed Cupola development, noting that the visual
review was very beneficial.
(23) Mayor Vincent stated he has been talking to Mr. Miles Eaton recently
. regarding the fact that handicapped parking signs in private lots do not typically meet statutory
requirements and, therefore, cannot be enforced. He then proposed that the City explore the
option of allowing private individuals, such as store owners adjacent to the signs, to write
citations. He noted that on his recent trip to Oregon and Seattle, he saw fines posted as high
as $400 for violations of handicapped parking stalls.
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Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Reauest for Dermission to close streets around Beall Park for criterium
bicycle race in coniunction with Sweet Pea '95 - Sunday. July 30.
7:30 a.m. to 4:30 D.m. - Gallatin Valley Bicycle Club
. Commission Resolution No. 3070 -
levyina and assessina street
maintenance district for FY96: setting Dublic hearina for August
7. 1995
COMMISSION RESOLUTION NO. 3070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, 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 STREET
MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN.
Commission Resolution No. 3071 -Ievyina and assessina tree maintenance
district for FY96: setting Dublic hearing for August 7. 1995
COMMISSION RESOLUTION NO. 3071
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, 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.
Authorize Mayor to sign - Findinas of Fact and Order - Nelson Planned Unit
DeveloDment Subdivision - subdivide
28.0 acres into 62
townhouse lots. 1 multi-family lot. 1 commercial office lot. 6
commercial lots and 1 oeen seace lot (northwest corner of
intersection of Fowler Avenue and US Hiahway 191)
Authorize City Manaaer to sign - Amendment No.2 to Professional Services
Agreement - Thomas. Dean and Hoskins. Inc. - engineering
services for reconstruction of Highland Boulevard from Kaay
Boulevard to iust north of Holly Drive
Authorize City Manager to sian - DES Coordinator Contract with Gallatin
County for Fiscal Year 1995-1996
Authorize City Manager to sian - Professional Services Aareement - Robert
Peccia and Associates - engineerina services for Oak Street
imDrovements (North 7th Avenue to North Rouse Avenue)
. Authorize City Manaer to sign - Construction Aareement with Montana
DeDartment of TransDortation - sianalization of intersection of
interstate rames and North 7th Avenue
Commission Resolution No. 3072 - relating to financing of the linin a of the
expansion cell at the Bozeman landfill: establishing comDliance
with reimbursement bond reaulations under Internal Service code
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COMMISSION RESOLUTION NO. 3072
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO THE FINANCING OF THE LINING OF THE
EXPANSION CELL AT THE BOZEMAN
LANDFILL; ESTABLISHING
COMPLIANCE WITH THE REIMBURSEMENT BOND REGULATIONS UNDER
THE INTERNAL REVENUE CODE.
. Scecial Beer and Wine Caterina License - The Baxter Hotel Corcoration - for
scecial catered activity at the Emerson Cultural Center - Saturdav,
Julv 22, 1995
Authorize City Manaaer to sign - Public Street Easement and Public Street
and Utility Easement with George E. & Alice M. Cook and Garv L.
Cook - on carcel immediatelv
east of Babcock Meadows
Subdivision, to allow for temcorary cul-de-sac on Donna Avenue
and to allow for loopina of utilities to Main Mall
Authorize City Manager to sian - Water Pipeline and Access Easement and
Aareement with the
Estate of Harrv M. Daum, and
the
Conservatorshic of Ramona McKean. Anna Mae Anderson, Lori
Healv, Joan Anderson
and Ross Anderson - 30-foot-wide
easement alona the north edae of Main Mall crocertv (for the
Babcock Meadows Subdivision)
Revision to Condition No. 28 for accroval of the creliminarv clat for
Babcock Meadows Subdivision
(to reflect newlv-develoced
languaae certaining to Farmers' Canal) to include lanauage in
Senior Planner Skelton's memo dated Julv 13, 1995
. Reauest for cermission to conduct "carade" of a small mounted cavalrv unit
with canon and caisson - Montana Armv National Guard -
Saturdav, Julv 22.
2:00 C.m., beginning and end in a at
Fairgrounds
Award bid - installation of liner system in excansion area for landfill -
Claims
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner
Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none.
. Recess - 3:35 c.m.
Mayor Vincent declared a recess at 3:35 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
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Reconvene - 7:00 c.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
. Public hearinq - Certificate of Aoeroeriateness with deviation from Section 18.24.050 to allow
reconstruction of Dorch to encroach an additional 18 inches into the reauired 25-foot yard
setback on Lots 13 and 14 and the S% of Lot 15. Block E. Alderson's Addition - Patricia Jean
Kvle Carlson. 216 South Grand Avenue (Z-9571)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Patricia Jean Kyle Carlson, under Application No. Z-9571,
with an attendant deviation from Section 18.24.050 of the Bozeman Municipal Code, to allow
reconstruction of an existing porch to encroach an additional 18 inches into the required 25-
foot front yard setback on Lots 13 and 14 and the south one-half of Lot 15, Block E,
Alderson's Addition. The subject property is more commonly located at 216 South Grand
Avenue.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
. that the Design Review Board reviewed this application at its June 27 meeting. Following that
review, which included a review of the staff's analysis, and based on the minimal amount of
additional encroachment, and due to the lack of public opposition, they forwarded a
recommendation of approval. The requested variance will result in an encroachment of 12 feet
2 inches into the required 25~foot front yard setback.
Mrs. Patricia Carlson, applicant, stated concurrence with the staff report and indicated
a willingness to respond to questions.
No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
. There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Certificate of Appropriateness, as requested by Patricia Jean Kyle
Carlson, under Application No. Z-9571, with an attendant deviation from Section 18.24.050
07-17~95
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of the Bozeman Municipal Code, to allow reconstruction of an existing porch to encroach an
additional 18 inches into the required 25-foot front yard setback on Lots 13 and 14 and the
south one-half of Lot 15, Block E, Alderson's Addition, subject to the following condition:
1. That the applicant obtain a building permit within one year of
Certificate of Appropriateness approval, or this approval shall
. become null and void.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No,
none.
Public hearina - Certificate of Accrocriateness with deviation from Section 18.16.050 to allow
10-foot bv 15-foot sunroom/solarium addition to encroach 3 feet into the reauired 8-foot side
yard setback on the east 70 feet of Lots 1 throuah 4. Block 17. Butte Addition - Marv S.
McRevnolds and Linda Broeder. 1303 South Grand Avenue (2-9578)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Mary S. McReynolds and Linda Broeder, under Application
No. Z-9578, with attendant deviation from Section 18.16.050 of the Bozeman Municipal Code,
. to allow construction of a 10- foot by 1 5- foot sunroom/solarium addition to encroach 3 feet into
the required 8-foot side yard setback on the east 70 feet of Lots 1 through 4, Block 17, Butte
Addition. The subject site is more commonly located at 1303 South Grand Avenue.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
that the Design Review Board considered this application at the July 11 meeting. Following
its review of staff analysis, and the lack of public opposition, the Board forwarded its
recommendation for approval. The Associate Planner stated that during its review, staff
determined that the full setbacks are provided on the adjacent property; therefore, this
requested deviation does not seem to compromise the protection that the setbacks provide.
He further noted that the requested sunroom/solarium addition is actually to replace an existing
. deck which encroaches the same distance into the side yard setback.
The applicants' representative stated a willingness to respond to questions.
No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
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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, as requested by Mary S. McReynolds
. and Linda Broeder, under Application No. Z-9578, with attendant deviation from Section
18.16.050 of the Bozeman Municipal Code, to allow construction of a 10-foot by 15-foot
sunroom/solarium addition to encroach 3 feet into the required 8-foot side yard setback on the
east 70 feet of Lots 1 through 4, Block 17, Butte Addition, subject to the following condition:
1. That the applicant obtain a building permit within one year of
Certificate of Appropriateness approval, or this approval shall
become null and void.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those voting No,
none.
Public hearina - Certificate of Appropriateness with deviation from Section 18.18.020 to allow
new single-car aaraae to encroach 4 feet into reauired 8-foot side yard setback on Lot 15 and
. the south half of Lot 14. Block F. Beall's 2nd Addition - Thomas T. and Bettv Z. Weir. 514
North Tracv Avenue. (Z-9576)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Thomas T. and Betty Z. Weir, under Application No. Z-9576,
with an attendant deviation from Section 18.18.050 of the Bozeman Municipal Code, to allow
construction of a new single-car garage to encroach 4 feet into required 8-foot side yard
setback on Lot 15 and the south half of Lot 14, Block F, Beall's 2nd Addition. The subject site
is more commonly located at 514 North Tracy Avenue.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that under this
application, a new 14-foot by 24-foot single-car garage is to be constructed, to replace an
. existing dilapidated garage which was destroyed during last winter's snows. He stated that,
after a careful review of the application, staff determined that the actual deviation is for 5112
feet instead of the 4 feet reflected after initial review. He stated that the Historic Preservation
Officer and the Planning staff have reviewed this application, and concluded that this requested
encroachment is in context with the remainder of the neighborhood. He stated that the Design
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Review Board considered this application at its June 27 meeting, and after review of the staff
report, concurred in the staff recommendation for approval. He noted that no public comment
in opposition to this requested deviation has been received.
Mr. Thomas Weir, applicant, stated a willingness to respond to questions.
. No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness, as requested by Thomas T. and Betty
Z. Weir, under Application No. Z-9576, with an attendant deviation from Section 18.18.050
of the Bozeman Municipal Code, to allow construction of a new single-car garage to encroach
4 feet into required 8-foot side yard setback on Lot 15 and the south half of Lot 14, Block F,
Beall's 2nd Addition, subject to the following conditions:
. 1. That the applicant consider replacing the proposed metal roof on
the garage with shingles similar in style and color to that of the
existing "T"-Iock asphalt shingles on the single-family residence
and that the exterior elevations be revised accordingly, for review
and approval by the Planning Office prior to issuance of a
Certificate of Appropriateness and a building permit to proceed
with the project;
2. That the site plan be revised to indicate the location of existing
mature vegetation and underground bomb shelter, for review and
approval by the Planning Office prior to issuance of a Certificate
of Appropriateness and a building permit to proceed with the
project;
3. That the applicant construct a one-hour fire wall on the north wall
of the garage if said structure is within three (3) feet of the
property line; and
4. That the applicant 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
Stiff, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No,
none.
07-17-95
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Public hearina - Certificate of Appropriateness with deviation from Section 18.50.050.F to
allow garaae/studio to encroach 8 feet into the reauired 10-foot rear yard setback on Lot 8-10.
Block A. Beall's 2nd Addition - Robert Douahertv for Tom and Bridaett Garnsev. 317 North
Bozeman Avenue (2-9582)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Robert Dougherty for Tom and Bridgett Garnsey, under
. Application No. 2-9582, with attendant deviation from Section 18.50.050.F of the Bozeman
Municipal Code, to allow construction of a garage/studio to encroach 8 feet into the required
1 a-foot rear yard setback on Lots 8 through 10, Block A, Beall's Addition. The subject site is
more commonly located at 317 North Bozeman Avenue.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that the applicant
previously received approval for a garage, with no deviations needed. However, the applicant
has since determined that a two-story garage/studio is a better alternative; and that structure
does require a deviation. He noted that under this application, an existing deteriorated two-car
garage is to be replaced by the proposed two-story structure. To avoid having the new 20-foot
by 28-foot structure cover a substantial portion of the rear yard, the applicant is asking for a
. deviation to allow the structure to encroach 8 feet into the required to-foot rear yard setback
along the alley.
The Senior Planner stated that the Historic Preservation Officer and the Planning staff
have reviewed this application. As a result of that review, they have determined that the
proposed structure is in keeping with the character of this property as well as surrounding
properties, and have forwarded a recommendation for approval. The Design Review Board
considered this application at the meeting of July 11, and, after its review, concurred in staff's
recommendation.
Mr. Robert Dougherty, applicant's representative, indicated a willingness to respond
to questions.
. No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
07-17-95
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Certificate of Appropriateness, as requested by Robert Dougherty
for Tom and Bridgett Garnsey, under Application No. Z-9582, with attendant deviation from
Section 18.50.050.F of the Bozeman Municipal Code, to allow construction of a garage/studio
. to encroach 8 feet into the required 10-foot rear yard setback on Lots 8 through 10, Block A,
Beall's Addition, subject to the following conditions:
1. That any proposal for use of the new structure other than for a
garage/studio (Le., dwelling unit, guest house, etc.) will require
the applicants to submit a new application for a Certificate of
Appropriateness; and
2. That the applicants obtain a Certificate of Appropriateness from
the Planning Director and 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
Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No,
none.
Public hearina - Certificate of ADDroDriateness with deviation from Section 18.18.050 to allow
. 20~foot by 24-100t aaraae to encroach 4 feet into the reauired 8-foot side yard and 10 1eet into
the reauired 20-100t rear yard setback on lot 8. Block A. Lindley & GUY'S Subdivision - Kenneth
and Barbara l. McKenna. 302 South Bozeman Avenue (Z-9575)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Kenneth and Barbara L. McKenna, under Application No.
Z~9575, with attendant deviations from Section 18.18.050 of the Bozeman Municipal Code to
allow a 20-foot by 24-foot garage to encroach 4 feet into the required 8-foot side yard and 10
feet into the required 20-foot rear yard setback on Lot 8, Block A, Lindley & Guy's Subdivision.
The subject property is more commonly located at 302 South Bozeman Avenue.
Mayor Vincent opened the public hearing.
Assistant Planner lanette Windemaker presented the staff report. She stated that this
application would allow construction of a garage which is essentially designed as a mirror image
. of the house. She noted that the applicants wish to retain as much of the existing mature
vegetation as possible on the site; therefore, they are seeking the deviations which will allow
for placement of the garage closer to the side and rear lot lines than is allowed under the code.
The Assistant Planner stated that staff reviewed this application, and determined that this
application is compatible with a well-established pattern in the area. She noted that the Design
07-17-95
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Review Board reviewed the application at its meeting on June 27, and concurred with the staff
findings and recommendations, and forwarded its recommendation for approval.
Mr. Ken McKenna, applicant, stated a willingness to respond to questions.
No one was present to speak in opposition to the requested deviations.
. hearing. Since there were no Commissioner objections, Mayor Vincent closed the public
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, as requested by Kenneth and Barbara
L. McKenna, under Application No. Z-9575, with attendant deviations from Section 18.18.050
of the Bozeman Municipal Code to allow a 20-foot by 24-foot garage to encroach 4 feet into
the required 8-foot side yard and 10 feet into the required 20-foot rear yard setback on Lot 8,
Block A, Lindley & Guy's Subdivision, subject to the following conditions:
1. That perpendicular stacked parking shall not be permitted in the
. 10 feet between the front of the garage doors and the alley right-
of-way; and
2. That the applicant shall obtain a building permit within one year
of Certificate of Appropriateness approval or this approval shall be
null and void.
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,
none.
Public hearina - Certificate of Acprocriateness with deviations from Tables 18.65.050.B.e and
18.65.050.C.. to allow new freestanding low-crofile monument sign to exceed 28-sauare-foot
maximum bv 5.25 SQuare feet and to allow uc to 20 Dercent less landscaDing than reauired on
Lot 1. Block 1. Durston's 2nd Addition - Sinclair Oil Corcoration. 605 North 7th Avenue (z-
9580)
This was the time and place set for the public hearing on the Certificate of
. Appropriateness, as requested by Sinclair Oil Corporation, under Application 2-9580, with
attendant deviations from Tables 18.65.050.8.e. and 18.65.050.C. of the 80zeman Municipal
Code, to allow a new freestanding low-profile monument sign to exceed the 28-square-foot
maximum by 5.25 square feet, and to allow up to 20 percent less landscaping than required
07-17-95
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on lot 1, Block 1, Durston's 2nd Addition. The subject site is more commonly located at 605
North 7th Avenue.
Mayor Vincent opened the public hearing.
Senior Planner lanette Windemaker presented the staff report. She stated that the
. subject site, which is located at the northwest corner of the intersection of North 7th Avenue
and Durston Road, is located in the entryway overlay district. Under this application, the
applicant wishes to install a 33.25-square-foot monument sign; and he has also asked that the
landscaping requirements of 4 square feet of landscaping for every square foot of signage, be
reduced by 20 percent. She noted that, when attempting to scale the plan submitted, it
appeared to Planning staff that it would be difficult to provide the required amount of
landscaping on this site.
The Senior Planner stated that staff reviewed this application and, as a result of that
review, forwarded a recommendation for approval, subject to four conditions. The Design
Review Board reviewed the application at the July 11 meeting and, after that review, voted to
recommend denial, based On a concern that it would set an undesirable precedent and that it
. would not meet the code requirements that deviations be granted due to superior landscape and
- design.
Responding to Commissioner Stiff, Senior Planner Windemaker stated that a proposed
landscape plan is typically submitted with this type of application. She noted, however, in this
instance, the applicant was probably not adequately informed that that type of information was
needed in conjunction with the application.
The applicant was not present.
No one was present to speak in opposition to the requested deviations.
Commissioner Youngman suggested that the Commission may wish to consider
approving the deviation for the sign size, but require that landscaping requirements be met and
exceeded. She noted that this would greatly enhance the appearance of that corner, breaking
. up what is now a sea of asphalt.
Commissioner Frost stated concurrence with Commissioner Youngman's statement.
He suggested, in addition, that a large canopy tree be required, at the corner if possible. He
further suggested that the vegetation around the base of the sign be low, and that it adds color
to the site. He also suggested that landscaping be required around the base of the tree, and
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that the landscaping and the tree be protected by the appropriate protection device. He further
noted that the landscape plan should be submitted to the Planning Department for approval.
Commissioner Stueck arrived at 7:25 p.m.
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 Frost, seconded by Commissioner Youngman, that
the Commission approve the Certificate of Appropriateness, requested by Sinclair Oil
Corporation, under Application Z-9580, with attendant deviation from Table 18.65.050.C. of
the Bozeman Municipal Code, to allow a new freestanding low-profile monument sign to exceed
the 28-square-foot maximum by 5.25 square feet, on Lot 1, Block 1, Durston's 2nd Addition,
subject to the following conditions:
1 . The requirements of Section 18.65.050.8.e, that a minimum of
four square feet of landscaping be provided for everyone square
foot of signage, be met. This landscaping shall include low-profile
. vegetation that demonstrates seasonal color, texture and shape.
In addition, a large caliper (2 to 2 % inches) canopy tree, along
with an associated landscaped area within a continuous concrete
curb in the vicinity of the intersection of Durston Road and North
7th Avenue, shall be provided;
2. The sign shall display the street address in figures at least six
inches high;
3. The changeable copy portion of the sign shall not exceed 50
percent of the sign face; and
4. The applicant shall obtain a building permit within one year of
Certificate or Appropriateness approval or this approval shall
become null and void.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent;
those voting No, none.
.
Public hearing - Conditional Use Permit for Planned Unit Development - Laura M. Danhof - to
allow construction of tri-plex on Lots 19. 20 and 21. Block 8. Springbrook Addition (116 North
8th Avenue) (Z-9557)
This was the time and place set for the public hearing on the Conditional Use Permit
for a Planned Unit Development, as requested by Laura M. Danhof, under Application No.
07-17-95
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~ 22 ~
Z-9557, to allow construction of a tri-plex on Lots 19, 20 and 21, Block 8, Springbrook
Addition. The subject site is more commonly located at 116 North 8th Avenue.
Mayor Vincent opened the public hearing.
Senior Planner Lanette Windemaker presented the staff report. She stated that under
. this application, the applicant would be allowed to construct a tri-plex in a B-2, Community
Business, District. The surrounding zones include commercial, with both commercial and
residential development, and high-density residential, with single-family residential development.
The Senior Planner reminded the Commission that this application was viewed as a
concept plan in April and May, with both the Planning Board and the City Commission
endorsing the concept.
Senior Planner Windemaker stated that staff has reviewed this application in light of
the thirteen objectives for planned unit developments, the fourteen review criteria for planned
unit developments and the six criteria for review of conditional use permits, as set forth in the
zone code. Staff comprehensive findings are contained in the written staff report, a copy of
which was previously submitted to the Commission. She briefly summarized those findings,
. stating that staff concluded that the application generally complies with the zone code and
forwarded its recommendation for approval, subject to several conditions.
The Senior Planner stated that the City-County Planning Board conducted its public
hearing on this application at its July 5 meeting. At that time, no members of the public spoke
in opposition to the application, although one letter in opposition from the adjacent property
owner was entered into the record. She noted that, following review of the criteria and the
staff report, and following the public hearing, the Planning Board concurred in the staff's
recommendation for approval.
Commissioner Frost noted that the Design Review Board has forwarded a condition
recommending that the applicant consider two single garage doors instead of a double door.
. He then asked if this should be made a condition of approval.
The Senior Planner responded that, while the ORB felt that this was an issue worth
considering, it was not an issue worth imposing a condition. She then stated that, while the
applicant has considered the issue, she does not believe that the garage door will be changed.
Ms. Laura Danhof, applicant, stated that she accepts the conditions as recommended
by the Planning Board. She then indicated a willingness to respond to questions.
07-17-95
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No one was present to speak in opposition to the requested Conditional Use Permit
for Planned Unit Development.
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 for a Planned Unit Development, as requested
by Laura M. Danhof, under Application No. 2-9557, to allow construction of a tri-plex on Lots
19, 20 and 21, Block 8, Springbrook Addition, subject to the following conditions:
1. That the replacement of the double garage door with two single
garage doors should be considered;
2. That final site plan and development of the site shall conform to
all applicable City of Bozeman regulations, to include zoning
regulations. The following zoning regulations have been noted as
not being met, and shall be corrected prior to final site plan
approval: 18.52.030.D.B., Site Plan
Information, fully
dimensioned (8, F, G, P, and Q);
. 3. The developer shall provide the seven required parking spaces.
Stacking of parking spaces behind the garages shall be permitted.
The parking spaces shall meet the parking space dimensions (9
feet by 20 feet) and aisle width dimensions (26 feet);
4. The developer shall pave the public alley right-of-way, from West
Lamme to the south end of the subject property (or from the
nearest public street to the opposite edge of the subject property),
to an acceptable City standard approved by the City Engineer's
office and that a typical pavement detail be provided on the site
plan for review and approval by the City Engineer's office prior to
final site plan approval;
5. Street trees shall be installed in the standard City of Bozeman
location (between the sidewalk and property line). Boulevard
planting detail shall be provided and must comply with the
Engineering Department standards. Root barrier material should
be used;
6. The final site plan shall be adequately dimensioned;
. 7. A site grading plan shall be prepared as a supplement to the
project improvement drawings. The plan shall include as a
minimum existing contours, spot elevations and flow directional
arrows. The plan must demonstrate adequate drainage to an
acceptable discharge device (i.e., 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
alternatives and/or drainage conveyance devices and easements
must be provided;
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8. Sewer and water service shall be shown on the final site plan and
approved by the Water and Sewer Superintendent. City of
Bozeman applications for service shall be completed by the
applicant;
9. The location of existing water and sewer mains shall be properly
depicted, as well as nearby fire hydrants. Proposed main
extensions shall be noted as proposed;
. 10. City standard "No Parking" signs shall be placed in the alley along
the rear of the building. The number and format of the signs shall
be coordinated with the City Sign Department;
11. All existing utility and other easements must be shown on the
final site plan;
12. The alley shall be paved 16 feet wide from the south property line
of the subject property to Lamme Street. The pavement section
shall be a minimum of 3 inches of asphalt on 8 inches of base,
and the design shall incorporate a drainage design. Construction
shall be performed in accordance with the Montana Public Works
(MPWSSI and the City of Bozeman modifications to the MPWSS;
13. The applicant shall obtain a revocable permit from the City of
Bozeman for the sidewalk stairways to encroach into the public
right-of-way;
14. All water and sewer lines, both existing and proposed, be shown
accurately on the final site plan;
. 15. All water and sewer mains, service lines, and easements, both
existing and proposed, be shown on the final landscape plan;
16. Size be accurately indicate on all water and sewer lines shown on
final site plan;
17. All fire hydrants within 500 feet be shown or indicated on final
site plan;
18. Accurate, dimensioned detail of domestic water meter locations
inside of building must be shown on site plan.
19. Applications for water and sewer must be made at the Engineer's
office in the Carnegie Building;
20. Seven copies of the final site plan containing all of the conditions,
corrections, and modifications approved by the City Commission
shall be submitted for review and approval within three years of
the date of City Commission approval. A copy of the approved
final site plan shall be forwarded to the City departments
. represented on the Development Review Committee, and one
signed copy shall be retained in the Planning Office file;
21. 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 and methods of security shall be
made a part of that agreement;
22. A building permit must be obtained prior to work, and must be
obtained within two (21 years of final site plan approval. Building
permits will not be issued until the final site plan is approved.
07-17-95
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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
MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED;
23. BUILDING PERMITS WILL BE ISSUED ONL Y AFTER COMPLETION
AND ACCEPT ANCE OF THE
WATER AND SEWER
IMPROVEMENTS. All other infrastructure improvements including
. public or private street, curb/gutter, sidewalks, and storm drainage
infrastructure improvements shall be financially guaranteed or
constructed prior to occupancy;
24. 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;
25. 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
Conditions 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
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
. those voting No, none.
Continued Dublic hearing - Preliminarv Plat - CUDola Subdivision - subdivide 58.13 acres into
13 lots for mixed use (industrial. commercial and residential) condominium development and
2 open space parcels - Tracts C and D. COS No. 68. located in the NE%. Section 8. T2S. R6E.
MPM (803 East Mendenhall Street) - Raiah and Associates. Inc. (P-9518)
07-17-95
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Continued Dublic hearing - Conditional Use Permit for Planned Unit DeveloDment - Raiah and
Associates - allow mixed use develoDment for industrial. commercial and residential uses on
Tracts C and D. cas No. 68. located in the NE%. Section 7. and the NW%. Section 8. T2S.
R6E. MPM (803 East Mendenhall Street) (Z-9539)
This is the time and place set for the continued public hearing 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.
This was also the time and place set for the continued public hearing 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 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.
Mayor Vincent reopened the continued pUblic hearings.
Senior Planner Lanette Windemaker stated that, since the public hearings for both the
subdivision planned unit development and the conditional use permit for the planned unit
development are so intertwined and since the staff report addresses both processes, both
presentations are being made at the same time. She noted that this presentation is a brief
summary of the lengthy written staff report, a copy of which has been distributed to the
Commissioners.
The Senior Planner stated that under these applications, the subject 58.13 acres is
to be subdivided into thirteen lots for mixed use development, including a combination of
. commercial and industrial uses on the main level, with residential units on the second floor, and
two open space lots. The subject parcel is located at the east end of East Mendenhall Street
extended; and the Highland Boulevard right-of-way traverses the parcel from north to south.
That roadway would be extended from the parcel to East Main Street and Front Street under
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this proposal. She stated that M-1, Light Manufacturing, and B-2, Community Business, zoning
designations which currently exist on the site.
Senior Planner Windemaker stated that this
application provides for phased
development of the proposed subdivision and planned unit development. She cautioned that
at this time, the Commission is to consider development of Phase I and the master plans and
. development guidelines for future development of Phases II and III. She further cautioned that
if the zoning planned unit development is not approved, then the preliminary plat should not be
approved either because it would not comply with the code.
Senior Planner Lanette Windemaker stated that access to the Cupola development is
to be from East Mendenhall Street. Under the application, Phase II would include connection
to Front Street, and Phase III would provide access to East Main Street.
The Senior Planner reminded the Commission that review of a concept plan for this
project was conducted in June 1994; and a copy of the minutes from that Commission meeting
have been included in the Commissioners' packets for review. She noted that, following the
concept plan review, the Commission endorsed the basic concept.
. Senior Planner Windemaker stated that staff has reviewed the application for planned
unit development in light of the thirteen objectives for planned unit developments, the fourteen
review criteria for planned unit developments and the six criteria for conditional use permits,
as set forth in the zone code. Staff's comprehensive findings, following reviews by the
Development Review Committee and the Design Review Board, are contained in the written
staff report. As a result of those reviews, the recommendation was forwarded to the City-
County Planning Board that the application be approved, subject to several conditions.
The Senior Planner stated that, in conjunction with the planned unit development, the
applicant has requested a variance to allow construction of the buildings in Phase I in
conjunction with the installation of infrastructure. She stated that staff is unable to support
that requested variance; rather, staff believes that utilities should be installed before the plat
. is finalized and construction of buildings is allowed to begin. She noted that the applicant is
also requesting a variance to allow relocation of the Sandee barn to a new foundation on Tract
5; staff can support this request provided the City is held harmless and as long as no
connections to water and sewer services are made.
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Senior Planner Windemaker stated that under this application, Lot 10 does not have
the 25-foot frontage along a public street which is required under the code. She noted that a
variance would be required for this configuration; and staff supports that request.
The Senior Planner stated that under the subdivision planned unit development, the
. subject property is subdivided into thirteen lots, two public streets and three open space tracts.
She stated that, while the applicant has proposed dedication of public street right-of-way, an
alternative street design for East Mendenhall Street is being proposed. While the open spaces
are to be maintained in private ownership by the owners' association, public access is to be
ensured through the covenants.
Senior Planner Windemaker stated that staff has reviewed the application for the
preliminary plat in light of the five criteria set forth in the Montana Code Annotated for
subdivision review; and those findings are contained in the staff report. She noted that private
streets are proposed in the interior of the subdivision. Two of the lots do not meet the width
to length ratio; and if that configuration is to be accepted, a variance to the subdivision
requirements must be granted.
. The Senior Planner stated that the City-County Planning Board conducted its pUblic
hearings on these two applications at its meeting of June 20. Following the public hearings
and review of the staff report, the Planning Board was unable to forward any formal
recommendation for Commission consideration.
Senior Planner Lanette Windemaker stated that the applicant has forwarded responses
to the conditions which have been recommended by staff, in a 17-page document dated July
11 . She briefly reviewed those conditions which the applicant has identified as needing
clarification or for which an alternative has been proposed. She forwarded staff's position on
each of those listed conditions individually. She concurred that Nos. Z-39 and Z-44 may be
eliminated because the Recreation and Parks Advisory Board has dropped those requests. On
each of the other conditions, however, she forwarded staff's support for retaining the
. conditions. Many of them were cited as standard types of conditions which have been required
for other recently approved projects.
The Senior Planner noted that under the original application, 88 housing units were
proposed. The application has since been revised to include 12 additional housing units; and
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the applicant has asked that those additional residential units be acknowledged and approved,
thus allowing a total of 100 dwelling units within this project.
Responding to Commissioner Stiff, City Attorney Luwe stated that under the
recommended conditions for approval, the applicant is to indemnify the City for environmental
. contamination on that property which is to become public property. He noted that it is not
possible to identify what might be located under the future roadways at the present time; and
this indemnification will help to minimize the City's exposure in the event that contaminants
are identified. He cited the Bozeman Solvent site as an example of what can occur when
underground contaminants are identified.
Mrs. Laurie Shadoan, President of Rajah and Associates, introduced the other officers
present, including John Shadoan and Derron Craft. She provided a brief overview of the plan,
noting that her deep interest in economic development can be realized with this project. She
stated that the site, which is close to the downtown, will allow for affordable development of
industrial property as well as affordable housing units, both of which are in demand in the
community. Since it is located at the eastern edge of the downtown area, this development
e could help to counter-balance all of the development which is currently occurring in the western
part of the community. She recognized that this subject parcel will be developed some day;
and she feels that this mixed use proposal would provide for the best possible use of the land.
Mr. Keith Swenson, community design consultant, briefly highlighted the information
which was submitted to the Commission a year ago, during the concept plan review. He
reminded the Commission of the existing conditions on the site, its proximity to the downtown
area, and the problems which have been identified. He noted that a portion of the wetland area
on this site is functional; and through proposed improvements, the size of the functioning
wetlands would actually be increased. With this project would come dedication of the right-of-
way for the southward extension of Highland Boulevard, and construction of a portion of the
. arterial loop which has been identified for several years now. While none of the structures on
the Sandee dairy property has been designated as historic, as many of those structures as
possible would be saved. Also, the old railroad trestle is to be retained and incorporated into
the amenities of the project.
Mr. Swenson stated that East Mendenhall Street has been stubbed out past its
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intersection with Broadway Avenue; therefore, no right-of-way acquisition is necessary to
extend that roadway into the project.
Mr. Keith Swenson distributed a ten-page document entitled "Cupola Multiple Use
Planned Unit Development Fact Paper n 7~21-95". He read that document into the record,
. noting that when considering a project of this size and complexity, reliance on the master plan
and the zone code is essential, with particular attention being given to the intent and purpose
statements contained in those documents. He began with several quotes from Mr. Neil Pierce,
a syndicated columnist and author, quoting from his address to the National Preservation
Conference in the Fall of 1993, pertaining to zoning philosophies.
Mr. Swenson reminded the Commission that in 1990, the Bozeman Area Master Plan
was updated; and a totally new zone code was adopted. Just prior to this hearing, there were
five hearings on requested deviations to setbacks and one hearing on signage; and all of those
requests were approved with no public opposition. He noted that, prior to adoption of the new
zone code, none of those requests could have been considered, even though they were all
reasonable and in keeping with the neighborhood. He then stated that the Cupola project is
e a plan which incorporates several of the provisions of the zone code, particularly in the area of
mixed uses.
Mr. Swenson cited several of the statutes pertaining to annexation and planning. He
then provided a brief history on planning in Bozeman, noting that the first comprehensive plan
was adopted in 1958, with updates being prepared and adopted in 1960, 1983 and 1990. He
noted that all of those plans designated the subject site for commercial, warehousing or
industrial uses. He then quoted from portions of the 1990 Bozeman Area Master Plan,
including the Introduction and Chapter V, as well as a synopsis of the goals, objectives and
implementation policies.
Mr. Swenson reviewed the intent statement for planned unit developments, as
contained in Section 18.54.010 of the zone code. He noted that an important part of the
. process under the zone code is addressing the questions "does it work?", "what do the
neighbors think?" and "does it make sense?" He noted that the zoning performance standards
must also be carefully considered when reviewing this proposal.
Mr. Swenson encouraged the Commission to remember that the northeast sector of
the community was largely developed in a commercial/industrial manner before zoning was ever
07-17-95
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implemented; and all of the plans adopted have recognized that type of development and
planned for more industrial and commercial uses. He further noted the importance of
recognizing that zoning does not change what is already in existence.
Mr. Swenson stated that the applicant's team has reviewed the 42 objectives listed
. in the zone code, and distributed a chart which shows how the application addresses each of
those items. He noted that in some instances, the objectives are not applicable to this
proposal; and some of the objectives have been addressed on a limited basis while others have
been addressed comprehensively.
Mr. Swenson stated that approximately one-half of the site is to remain in open
space, with much of that area being maintained in wetlands and wildlife habitat. He noted the
importance of recognizing that the subject property could be developed as several commercial
or industrial lots, with minimum landscaping and a looped street system that connects
Broadway Avenue, East Mendenhall Street and Front Street. He suggested that the Cupola
proposal is better than that option, for that immediate area and the community as a whole, and
results in a more efficient and economic use of the land that is close to the heart of the city.
. Mr. Keith Swenson stated that the applicant's proposal includes the dedication of
right-of-way and construction of Highland Boulevard across the subject property, at a $1 million
savings to the taxpayers. He noted that this is an important link in the transportation system
around the community, which should benefit residents of the area by removing truck traffic
from local streets. Also, with this proposal, water lines are to be looped, providing a more
adequate and stable water source for firefighting needs in the northeast sector of the
community.
Mr. Swenson stated that 5500 lineal feet of hike/bike trails are to be provided within
this development, linking the heart of the development to the open spaces; and those trails will
be available for public use. Also, the wetlands and wildlife habitat lying east of the Highland
Boulevard alignment are to be enhanced; and those areas will be visible from the trail system.
. He also noted that the trail system is designed to provide access from this development to the
land immediately to the east, which is currently owned by the Montana Department of
Transportation.
Mr. Swenson stated that care has been taken in designing the project to ensure that
the proposed two-story structures do not interfere with the view of current residents. He noted
07-17-95
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that four meetings for the neighborhood have been held regarding this project, some of those
meetings being held at the Baxter Hotel and some of the meetings being held on-site; and other
meetings have been held with individuals over the past couple of years. The comments and
concerns raised at those meetings have lead to revisions in the plans, which he feels has
. resulted in a better project. Among those changes is the installation of a berm to minimize the
impacts of noise and the visual impacts of a construction project of this magnitude.
Mr. Swenson noted that some concern has been expressed about the type of
buildings that has been reflected in the computer-generated block~type renderings. He then
showed the Commission a rendering of the type of buildings that are proposed, stating that
they will be functional for mixed use purposes while retaining a residential type of character
because of the second-story dwelling units.
Mrs. Laurie Shadoan concluded the applicant's presentation. She noted that the
development of the project will be market driven. She reviewed the split of residential,
commercial and light industrial uses that is being proposed, emphasizing the great need for
additional light industrial opportunities in the community. She stated that light industrial is
. estimated at 33 percent, residential at 11 percent, and commercial space at 56 percent of the
total square footages in the project. She noted that at a recent seminar on affordable housing,
held in May, the issue of mixed income housing was discussed. She forwarded the intent to
provide 15 percent of the residential units at low, low-income levels, 25 percent at low-income
levels and 60 percent at market rate, if the City approves the additional 12 units requested.
Mr. Garth Sime, 485 Zachariah Lane, stated he is interested in the environmental
issues, and addressed the issues of wetlands, air quality and sedimentation, noting he is neither
for nor against the project. He stated that he is a third generation Bozeman resident; and he
has been involved in several development projects over the past twenty years. He recognized
that the protection and enhancement of the wetlands and wildlife habitat is important and must
. be addressed; however, he questioned whether the entire burden should be borne by the
developer. He addressed the issue of sedimentation control, noting that federal regulations are
very stringent, particularly in developments where more than five acres of land is to be
d istu rbed . In closing, he addressed the issue of air quality, noting that dust control is an
important element to be considered. He noted that with the proposed berming and
landscaping, that issue might be adequately addressed.
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Mr. Scott Heck, 700 Dell Place, read a letter of support from the Gallatin Development
Corporation, dated July 17, into the record. He noted that the Board of Directors has voted
unanimously to support this project, stating that they feel it furthers broad community goals
and increases the community's capability to attract appropriate economic development. The
. Board also recognizes that the subject area has historically been zoned for this type of
development.
Mr. Heck noted that he has been involved in the Gallatin Development Corporation
almost since its inception in 1986. He noted that in that length of time, the GDC has rarely
supported development proposals; however, they feel this one is important. He stated that
development and traffic patterns in the community will change dramatically with the opening
of the North 19th Avenue interchange; and he feels it is important to have an anchor on the
east end of the community.
Mr. Craig McVicker, developer of several local projects, stated his support for this
project. He characterized it as a well-thought-out proposal, with a mixture of uses set in a
pedestrian-friendly environment. He stated that the development, as proposed, should enhance
. the natural and built environments in the area, and encouraged the Commission to approve the
application.
Mr. David Renkert, local resident and student, stated he has had trouble finding an
affordable residence located above ground. He then stated that this application seems to
address that issue and encouraged approval.
Mrs. Michele Letendre, Secretary to the Board of Directors for the Bozeman Area
Chamber of Commerce, entered into the record a letter of support, dated July 11. She noted
that the area has been historically zoned and planned for industrial development; and this
proposed development will provide another link in the arterial loop as well as some much-
needed affordable housing units. Also, this project will help to maintain and strengthen the
central business district and will improve the appearance of existing designated industrial areas,
. which are two of the goals contained in the Bozeman Area Master Plan.
Mr. Jerry Perkins, 511 North Wallace Avenue, noted that the compatibility between
different zoning designations is one of the key elements in the 1990 Bozeman Area Master Plan
as well as the new zone code. He stated that the basic concept is, with proper screening and
landscaping, uses in light industrial, commercial and residential zones can be made compatible.
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He concurred that the need for industrial property in the community is very high. He noted that
he served on a committee which reviewed traffic issues in the community; and in that review,
the need for a truck route and elimination of truck traffic on many of the local street was
identified. He stated that with the proposed connection of Highland Boulevard to East Main
. Street, in conjunction with this project, a portion of that route would be provided. He then
encouraged the Commission to consider the historic uses of this property as well as its zoning
as they review the proposal, and asked for their approval of the application.
Mr. Dennis Roe, Rose Painting, stated he has been involved in renovating and painting
of several historic structures in the community. He stated that his need for space to
accommodate his business and his employees has made him realize the strong need for this
type of project. He encouraged the Commission to approve this application.
Mr. Les Knox, 1331 Robin Lane, stated that when he moved to Bozeman in 1965,
he was able to rent a three-bedroom home for his family of seven for approximately 10 percent
of his monthly salary; but "those days are long gone". He noted that recently, he has tried to
find housing for two of his children who had "supposedly left home"; and it has been extremely
. difficult. He then stated he has been financially involved in the efforts of the Habitat for
Humanity and the Bozeman Interfaith Housing efforts; and he feels that any efforts to increase
the amount of affordable housing in Bozeman should be nurtured.
Mr. Kerry Hogan, 702 Bridger Drive, encouraged the Commission to carefully review
the facts and the information in the proposal, appropriately weighing the concerns and negative
issues raised by the opponents. He concluded by asking that the Commission approve the
project.
Mr. Tom Simkins, 1219 North Cedarview, stated he owns Simkins-Hallin Lumber
Company, which is located adjacent to the subject property. He recognized the need for
an
arterial road system, particularly in the northeast sector of the community, to alleviate some
of the truck traffic on the local streets. He stated that his drivers would prefer to use an
.
arterial system if possible; and they recognize that this will help to increase the safety on the
local streets. He noted the need for more industrial space, stating it is extremely difficult
to
find such space in and around Bozeman. He noted that property is often very expensive; and
much of the M-1 zoned property in the community does not have any utilities or infrastructure
in place.
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Mr. Simkins noted that he is serving on the Big Sky Advisory Planning Board; and the
Board has recently attempted to address the issue of housing in that resort community. He
stated the Board has recognized that allowing residences above the businesses is a creative
solution that will generate affordable housing in the resort area. He encouraged the
. Commission to favorably consider this application.
Ms. Carlene Miller, owner of property adjacent to the subject property, stated that
they are basically in favor of the project. She stated that, while they feel this proposed
development, at its proposed density, is better than several other alternatives, they are
concerned about the negative impacts that might result on their property if the existing natural
berm is cut back.
Mr. Bill Mitchell, 122 South Church Avenue, stated they have a rental unit on East
Mendenhall Street, in which they keep the rents as low as possible. He further stated that he
can appreciate some of the negative comments which the Commission will hear later in the
meeting. He encouraged the Commission, however, to
use those comments and the
neighborhood concerns to help make this a better project, rather than considering denial of the
. project based on those concerns. He noted the need for affordable housing in this community
is great, as evidenced by the fact that they have received over 50 telephone calls because one
rental unit was open.
Mr. Bill Hunt, 1504 South Willson Avenue, stated that he was working as Assistant
to the City Engineer in 1957, when the first major water development was undertaken. He
noted that, about the same time, a looped road system was identified, utilizing essentially the
same streets as those which have recently been identified for a looped truck route. He noted
that now, 38 years later, the potential to acquire a vital link in that system is surfacing in
conjunction with this application.
Mr. Hunt stated that he has seen a substantial amount of growth in this community
. since 1949, when he first arrived. Noting that a number of concerns have been previously
voiced about the amount of traffic this project may generate, he encouraged those with
concerns to stop by his house during rush hour early in the morning or late in the afternoon.
He characterized this as a good project which complies with the Master Plan and zone code,
and encouraged the Commission to give it favorable consideration.
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Ms. Claudia Foster, 719 North Wallace Avenue, entered into the record her letter of
opposition to the proposal. She believes that zoning can change the character of an area. She
stated that commercial and industrial uses do not mix well with residences, as evidenced by
the problems encountered in the northeast sector. She stated that, given her experience in
. living in this area for the past eight years, she does not believe the residences can be
successfully located above commercial uses. She expressed concern about using this subject
parcel for commercial and industrial development, particularly when it is a beautiful wildlife
habitat and wetlands area that currently serves as an asset to the community. She recognized
the need for more industrial development; however, she feels there are other areas where that
could occur more appropriately. She then suggested that performance standards for businesses
and industrial uses should not be limited just to this project; rather, they should apply to other
parts of the M-1 zoning district as well.
Ms. Susan Klenn, 704 East Lamme Street, stressed the importance of carefully
reviewing the impacts this proposed project will have on the area. She noted that estimates
of 750 employees have been given; and the 100 residences proposed will also generate traffic.
. She questioned whether East Mendenhall Street and Broadway Avenue can adequately handle
all of that traffic. She also noted that the berm which the applicants have proposed to
construct must be higher than six feet to be effective. She noted that the existing berm is 25
feet high; and she feels that the proposed berm must be at least ten feet high, with trees and
shrubs planted to provide the buffer which has been proposed. She noted that the existing
berm is very effective in its current form, buffering the residences from the noises of the
railroad and traffic on 1-90.
Ms. Klenn encouraged the Commission to require that Rajah have all permits in hand
before being allowed to break ground. She also asked that the types of commercial and
industrial uses allowed in this development be limited. She noted that having a residential unit
. above an art gallery or a grocery store might be acceptable and appropriate; however, she
noted that it would not be appropriate to locate a residential unit above several other types of
commercial or industrial uses, such as a bus company.
Ms. Klenn concluded by stating that she feels the Commission should carefully review
all of the issues raised, including those which Mr. Bachman will be presenting shortly.
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Ms. Nancy Verling, 405 Bonner Lane, entered into the record a letter of opposition
submitted by the Headwater Groups of the Sierra Club, dated July 17. She urged the
Commission to give careful consider to the proposal, which they believe skirts the vital
environmental issues involved. She stressed the importance of protecting the wetlands; and
. she feels that S~il conditions should be carefully evaluated. She recognized the developers'
. Interest In avoiding urban sprawl, commending them for that effort. She stated, however, that
with the concerns which they have identified, the Sierra Club feels that the application should
be denied in its current form.
Mrs. Valerie Boyer, 206 North Broadway, stated her strong opposition to the proposed
project, which is essentially located in her back yard. She noted that the applicants have
identified several meetings with the neighbors, however, she has never received any
information about such meetings being held, either by mail, by telephone or in person. She
noted that the applicants have indicated their intent to provide a berm along the western
portion of the development in conjunction with Phase II; however, no timeline for Phase II has
been provided.
. Mrs. Boyer noted that the applicants have indicated that the extension of Highland
Boulevard from East Main Street to Front Street will alleviate much of the traffic in the
neighborhood. She noted, however, that many of the residents within this development will
probably use Broadway Avenue and several other neighborhood streets rather than using
Highland Boulevard. She then asked that the Commission not approve this project.
Ms. Janet Rulo, 2220 West Main Street, noted that low-income people in Bozeman
typically make $14,000 to $16,000 a year. She stated that the proposed residential units in
this area may provide housing for single people; however, it would not be good for families
with young children. She stated that the community needs substantially more affordable
housing units than are being proposed in this development. She then encouraged the
. Commission to think about this development for a while longer before making any decisions.
Ms. Carla Neasel, 702 East Peach Street, stated her concurrence with all of the
comments which have been made, as well as those which Mr. Bachman will present. She
noted that those who spoke in support of this project do not live in the neighborhood that will
be impacted. She suggested that, to alleviate some of the potential traffic, it may be beneficial
to require that residents within the Cupalo development also be employees within the
07-17-95
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development. She stated that if all of the employees within the development commute, traffic
could become a real problem.
Ms. Neasel stated that residents in this area already live with health and safety
problems caused by various activities in the area; and she feels that they must also be
. concerned about the potential of "smoke belching" industry within this proposed development.
She noted that City staff is staggering from the amount of development that is presently
occurring in and immediately around the city; and approval of this project would add to that
workload.
Ms. Neasel questioned the notion that, just because the area has historically been
zoned for industrial development, that is the way is must be developed. She stated that the
site is something to be treasured in its natural state. She suggested that, if the site is to
be
developed, it could more appropriately be developed as a recreation area, which is greatly
needed in the community. She noted that some residential units or small businesses could be
included around the edge of such a development.
Ms. Neasel noted that residents in the northeast sector are taking pride in their homes
. and are fixing them up. This is evidenced by the changes which have occurred over the past
few years; and those residents are being rewarded with an increased valuation on their
affordable homes.
Ms. Neasel reminded the Commission that, at one time, she testified in favor of the
Highland Boulevard/Front Street arterial loop. She stated, however, that with the opening of
the North 19th Avenue interchange and the pending improvements to the Belgrade interchange,
she feels that most of the truck traffic will be removed from Bozeman's downtown area. She
noted that, after re-evaluating the situation, she does not believe that Highland Boulevard
would really benefit anyone except the Cupola development. She characterized Cupola as
being too big for Bozeman to handle gracefully, stating she believes there are other uses of that
. site which would serve the community better.
Ms. Chandler Dayton, 716 East Peach Street, entered into the record a letter of
opposition, dated July 10. She stated that she does not share the developer's optimism for
this "cutting edge" project. She cited the Greenough Park in Missoula, which is located on the
edge of the old urban district, which provides a respite in the downtown area. She noted that
the site which is proposed for the Cupola development could provide a similar feature for
07-17-95
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Bozeman, one which would provide a better balance for the area than the proposed mixed use
development that could negatively impact existing residential development.
Ms. Dayton stated that, unless the applicants are willing to limit the types of uses
allowed within the development, it will not work. She suggested that another alternative would
. be to limit the residential uses to shop owners, to create a true iive/work habitat.
Ms. Dayton then raised a question about the fact that no arterial access would be
provided to this development until Highland Boulevard is constructed. She questioned whether
this is appropriate, or if it might create an undesirable precedent. She closed by asking
the
Commission to carefully consider the application carefully, recognizing the real problems in it.
Mr. Don Bachman, 109 North Broadway Avenue, entered into the record a statement
of opposition, dated July 17, 1995. He stated that he forwarded a number of comments to
the Development Review Committee, the Design Review Board and the City-County Planning
Board as this application has gone through the review process. He encouraged the Commission
to deny this application, based on the fact that it does not satisfy seven of the thirteen
objectives for planned unit developments. He noted that these issues were enumerated in his
. testimony before the Planning Board on June 20, highlighting only three of them in this
meeting. He stated that the application does not meet the objective for"". safe, efficient and
economic use of land and transportation...", in light of the questionable soils and groundwater
conditions and attendant costs of construction. He also noted that the application does not
" ." encourage patterns of development which decrease automobile traffic"; rather, a significant
increase in traffic is projected. And, the application fails to "... protect existing neighborhoods
from the harmful encroachment of newer incompatible developments".
Mr. Bachman noted that the intent statements for both the Light Manufacturing and
Community Business District emphasize the importance of major transportation facilities; and
such transportation facilities are not available to the subject parcel at this time. He
further
. noted that the intent statement for the Planned Unit Development chapter of the code includes
the statement "No adverse effect on abutting property...". He encouraged the Commission to
limit the types of uses which could potentially conflict with the residential development to the
west, through excluding bars, casinos, warehouses, truck terminals, and manufacturing and
services facilities using hazardous and toxic materials or inherently conducting noxious
activities.
07-17-95
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Mr. Bachman stated he feels that the Commission should be concerned about the
financial issues which attend this project, particularly when the taxpayers of the community
may encounter some exposure to liability because of the use of either special improvement
districts of the tax increment financing industrial district option. He listed several questions
. pertaining to those issues which he feels should be addressed prior to acting on this
application.
Mr. Bachman characterized Cupola as the "most costly and complex proposal ever
brought before the City." He suggested that, rather than a proposal which seeks to maximize
use of the property, a less intense and smaller scale proposal might be more appropriate. He
encouraged the Commission to deny the application, based on its failure to meet the zone code
requirements, the undesirability of developing the Highland Boulevard/Front Street arterial, and
questionable financial elements of the proposal. He stated that if the Commission does approve
the application, then residents in the area need to be assured that all conditions of approval are
met; and he feels that they should be involved in the monitoring of the process through the
formation of a committee.
. Mr. Bachman concluded by emphasizing the importance of recognizing that most of
the opposition is against the development as opposed. He suggested that a less intrusive, more
restrained development with affordable housing would be more acceptable. He listed the three
questions forwarded by Mr. Swenson~~"does it work?", "what do the neighbors think?" and
"does it make sense?"--forwarding negative responses to each of them.
Mrs. April Arnsten, 111 North Broadway Avenue, noted that at the last meeting,
parking was discussed at length. She noted that much of that discussion was based on the
assumption that customers would use the parking during the day while residents would use the
parking at night; however, in reality, not everyone works during the day. She cautioned that
in the 100 block of North Broadway Avenue, no one has a driveway; therefore, parking on the
street is common. She expressed concern about the negative impacts which this proposed
.
development could have on the existing parking situation.
Mrs. Arnsten then noted that Lindley Park is used by many of the residents in that
area. She expressed concern that with an additional 1 00 dwelling units in the immediate area,
that usage will be dramatically increased. She concluded by stating that she does not want
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to see the quality of life in this part of the community downgraded because of this
development, and encouraged the Commission to not approve this application.
Mr. Jeff Arnsten, 111 North Broadway Avenue, stated his concurrence with the
opponents who have spoken. He questioned whether the housing units will be truly affordable,
. particularly since they are not designed to attract or accommodate families. He also expressed
concern that there is no guarantee that Highland Boulevard will be extended past the edge of
the subject parcel, or that Front Street will be constructed to provide that link of the arterial
loop system. He suggested that, with the construction of the North 19th Avenue interchange
and other changes in traffic patterns, this loop may no longer be necessary.
Mr. Bernie Bissell, Vice President and Manager of the property immediately adjacent
to the subject property, stated that he manages 32 studio units which are rented as low-income
units. He stated that the fire hydrant in that area is located on a six-inch water line; and that
line could be part of the connecting loop for this project. He stated that Highland Properties
has no objection to that looping, or to providing an access easement for maintenance of the
line. He further stated that Highland Properties is willing to provide a temporary emergency
. access road to the site, as long as that area is returned to its present status after its use is
complete.
Ms. Brenda Boyd, 411 North Ida Avenue, asked how access will be gained to the
trails, which are to be open for public use, particularly since they are located east of Highland
Boulevard. She then questioned whether the residential units in this development will be truly
affordable, particularly when the developer has indicated an intent to discourage children living
there.
Mr. Gary Gullickson, 404 South Church Avenue, stated he has worked on the
northeast side of the community for the past 25 years; and he has noticed that access is one
of the main issues in that area. He noted that ten years ago, the business climate in the
. community was the worst it has been for a long time; and the past three to five years it has
improved dramatically. He stated that with the improved business climate, the available
industrial property is being used; and demands being placed on the infrastructure are high.
Mr. Gullickson noted that access to the industrial areas in the northeast sector of the
community is currently through residential areas; and he feels that any possible method of
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alleviating some of those impacts should be considered. He stated it is important to recognize
that growth in this area cannot be stopped, but it can be controlled.
Mr. Keith Swenson stated that the original plans for improvements to Highland
Boulevard included a hike/bike trail along the site; however, it appears that concept has been
. eliminated in later designs. He noted that some alternative method of accessing the trail
system will be provided; however, the exact access has not yet been determined.
Mr. Swenson reviewed the plans for the residential units to be provided in this
development. He noted that the majority of the units will be two-bedroom units, with possibly
a few three-bedroom units included; and those are the types of units that will attract couples
or very small families, possibly with one or two children. He also noted that if the additional
housing units are approved as requested, many of them will probably be efficiency units, with
some townhouse units being a possibility. He indicated that the affordability of these units
comes from the fact that the footprint of the building is already covered by the commercial or
industrial use below, with the additional costs of the second story dwelling being relatively
minimal. Also, the industrial and commercial uses share in the costs of landscaping and
. parking, which can typically be shared with the residential uses because the demands are
usually for different hours. He further noted that, because of the proximity to the downtown
area, commuter costs for residents in this development will be substantially lower.
City Manager Wysocki entered into the record letters of support from Bozeman
Interfaith Housing, dated July 16; Universal Athletic Service, dated July 13; and Montana Gift
Corral, dated July 14. He also entered into the record a letter of opposition from three
residents along North Plum Street and East Peach Street, dated July 17.
The City Manager then entered into the record a letter from Laurie Shadoan, dated
July 14, in which she grants an extension for the decision on the preliminary plat to August 9,
to allow the Commission additional time.
Senior Planner Windemaker reviewed the conditions in which she feels staff could
. support some flexibility. She noted some flexibility in the design of improvements to East
Mendenhall Street, within a dedicated 60-foot-wide right-of-way, could be considered.
She
stated that vacation of the ditch is acceptable to staff; however, she cautioned that is a
separate process from the one before the Commission at this time. She characterized the
developer's request that a minimal amount of landscaping be required per lot as an issue to be
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addressed by the Commission, noting that staff has no recommendation. She further noted
that deletion of the two conditions pertaining to the trail is acceptable to Planning staff, since
the Recreation and Parks Advisory Board has dropped its request for their inclusion. She
indicated that the proposed measures to mitigate the potential conflicts between commercial
and residential uses must be addressed by the Commission. She pointed out that the applicant
. has requested that, it a SO-toot-wide risht-ot-way tor Hishiand Boulevard is required, a 17Y,-
foot front yard setback be allowed along that roadway, rather than the 25-foot setback required
under the code. She indicated that, since this is a planned unit development, the Commission
may allow such a setback; and that would be acceptable to staff.
Commissioner Youngman stated she has several questions she would like to have
answered prior to making a decision. She suggested that the Commission call a special
meeting for the evening of July 31, to consider those questions, with the decisions being made
at the regular meeting on August 7.
City Manager Wysocki suggested that the Commissioners submit their questions in
writing by Monday, July 24, which will allow staff an opportunity to respond at the July 31
. meeting, and a decision anticipated on August 7. Following a brief discussion, the
Commissioners concurred that schedule would be appropriate.
Commissioner Youngman stated she is used to maps accompanying a submittal of
this magnitude; however, maps where not included with this document. She suggested that
maps, particularly maps showing the location of the existing wetlands and the proposed
enhanced wetlands would be beneficial information when reviewing this complex proposal. She
noted that the large maps which the applicant had displayed at this meeting had been helpful
and would be even more beneficial if they could be reduced to standard paper size and
distributed to the Commissioners. She asked that the applicant also provide a map or diagram
showing the alignment of Highland Boulevard, and depicting where the roadway crosses the
berm.
. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
public hearings on both the preliminary plat and the conditional use permit for planned unit
development for the Cupola Subdivision and Planned Unit Development be continued to 7:00
p.m. on Monday, July 31, 1995, with the deadline for acceptance of written testimony being
5:00 p.m. on Monday, July 24. The motion carried by the following Aye and No vote: those
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voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman,
Commissioner Stiff and Mayor Vincent; those voting No, none.
Adjournment - 10:50 D.m.
. There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Stueck, that the meeting be
adjourned. 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.
ATTEST:
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
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