HomeMy WebLinkAbout1995-06-05 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN. MONTANA
June 5. 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, June 5, 1995, at 3:00 p.m.
Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City
Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - May 15. May 22 and May 30. 1995
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
minutes of the meetings of May 15, May 22 and May 30, 1995, be approved as submitted.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
those voting No, none.
Discussion - authorization for City Manaaer to sign agreement for Drovision of City sewer
service with waiver of right to oratest annexation - Mountain Mobile Estates dba Kountz Mobile
Home Park
Included in the Commissioners' packets was a memo from City Engineer Craig
Brawner to City Manager Wysocki, dated June 2.
City Engineer Brawner reviewed his memo. He stated that staff has conducted
a
fairly detailed analysis of the sewer line capacities in the immediate area, counting the actual
number of houses in the original Valley Unit Subdivision and using projections based on zoning
. designations for the remaining unplatted, undeveloped portions of the subdivision. He noted
that staff has also carefully reviewed the draft facilities plan update and attendant map.
He
posted that map, noting that, according to the map, the Kountz Mobile Home Park is to be
served by a future sewer trunk main that does not yet exist. He noted that the study reveals
the sewer trunk main which exists in the Valley Unit Subdivision can accommodate the existing
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development as well as future development of the remaining vacant land; however, the plan
shows that the line does not have sufficient capacity to service the land located along the
south side of US Highway 191.
The City Engineer stated that staff, as a result of its detailed analysis, has concluded
. that the trunk line in Ferguson Avenue, which currently ends just south of Valley Commons
Drive, could be extended across US Highway 191 and would have sufficient capacity to serve
the unplatted and undeveloped land in Valley Unit Subdivision as well as the Kountz Mobile
Home Park. He noted, however, that a 300-foot-long bottleneck would result in West Babcock
Street at Yellowstone Avenue. He suggested that Mr. Alderson be required to correct
that
bottleneck, which will require installation of a 10-inch sewer main in place of the existing 8-
inch sewer main. He estimated the costs of this alternative at $15,000 to correct the
bottleneck and $20,000 to extend the sewer main from its terminus in Ferguson Avenue to the
subject property, for a total of $35,000.
The City Engineer stated that a more expensive alternative would be to extend the
12-inch sewer main in Yellowstone Avenue across US Highway 191 to the subject site.
He
. estimated the cost of that extension at $80,000.
City Engineer Brawner stated that, under either alternative, a payback to SID No. 621
will be triggered. He noted that, based on the payback provisions for that special improvement
district, which recognizes the reserve capacity built into the 18-inch and 24-inch sewer mains
installed, the cost is estimated at $12,850. He stated that, when spread over
the 136 total
units allowed within this mobile home park, that is roughly $100 per lot. He compared this to
the $1,000 to $1 ,200-per-unit payback fee which the Human Resource Development Council
is encountering for its connection to sewer service.
Commissioner Stueck asked about alternatives for lowering the front-end costs of
connecting to sewer, possibly through deferral of the payback or through accepting a certificate
of deposit for the remediation work needed to correct the bottleneck.
. City Engineer Brawner stated that the payback must be made at the time the property
is connected to the City's sewer service. He then noted that, while it may
be possible to
accept a financial guarantee for correction of the bottleneck, care must be taken to ensure that
the work is completed in a manner that assures development of the vacant land can occur at
the property owner's discretion, and not be dependent upon completion of the remediation.
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Responding to questions from Commissioner Frost, the City Engineer stated that it
is not anticipated that the Yellowstone Avenue sewer main will be extended south of US
Highway 191. He noted that the capacity of the sewer main is based on the zoning
designations which it serves, rather than being based on the actual number of units being
. served; and a more detailed analysis of the main might reveal that it could serve a very small
area south of US Highway 191.
Further responding to Commissioner Frost, the City Engineer stated that if the
bottleneck in the sewer main along West Babcock Street is corrected, he feels that extension
of the sewer main in Ferguson Avenue to the Kountz Mobile Home Park, as a single-purpose
extension, would be appropriate. He assured the Commission that there would be adequate
capacity in the main to serve the original Valley Unit Subdivision as well as the Kountz Mobile
Home Park; however, he cautioned that no other development should be allowed to connect
to that 8~inch sewer main.
Responding to Mayor Vincent, the City Engineer stressed the importance of viewing
this sewer extension as a single-purpose extension only. He cautioned that if sewer service
. is desired for any other properties along the south side of US Highway 191, an exercise similar
to this one will be essential in determining whether adequate sewer capacity is available to
serve the site.
Responding to Mayor Vincent, City Engineer Brawner stated that allowing Kountz
Mobile Home to connect to the City's sewer main in Ferguson Avenue, with the applicant
bearing the costs of extending the sewer main from its terminus to the subject property,
bearing the costs of remediating the bottleneck in approximately 300 feet of sewer main along
West Babcock Street, and making the necessary payback to SID No. 621, would be the most
cost effective and expeditious solution available.
Responding to Commissioner Stiff, City Manager Wysocki reviewed his memo of June
5, which he distributed to the Commission. He stated concurrence with City Engineer
. Brawner's suggestion, reminding the Commission that an executed waiver of right to protest
annexation would be required prior to connecting to the City's sewer. He further reminded the
Commission that connection to the City's water service would be required in conjunction with
annexation, to ensure adequate water for firefighting activities. He also noted that, in
conjunction with annexation, the applicant should be required to dedicate whatever right-of-
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way is necessary for the southward extension of Ferguson Avenue. He suggested that the
dedication could be simply a commitment at this time, with the applicant being allowed to
continue using that land for his mobile home park until such time as the road is extended.
Responding to Commissioner Frost, City Engineer Brawner stated that water mains
. currently end in Ferguson Avenue at the US Highway 191 right-of-way and in Fowler Avenue
at the US Highway 191 right-of-way. He reminded the Commission that, typically, a looped
system is required, to ensure adequate water supply and pressure are maintained. He
suggested that extension of both of these mains to the subject site could provide the type of
water source needed to ensure adequate service.
Responding to additional questions from Commissioner Frost, the City Engineer stated
it would be appropriate to require the installation of a steel casing, through which the water line
could be run, at the same time as the sewer main is extended under US Highway 191. He
noted it would be the most cost effective option and would eliminate any need to cut the new
pavement after the road upgrade has been completed this summer. He then estimated the cost
of the steel casing at $100 per foot, for a distance of 100 to 110 feet, or approximately
. $10,000.
Commissioner Stueck stated he feels that if the mobile home park is to be annexed
within the next few years, with City water service to be required, it would be best to require
that a steel casing be installed at this time, thus reducing future costs.
Responding to questions from Commissioner Stueck, the City Manager indicated that
allowing the applicant to provide a certificate of deposit instead of completing remediation of
the bottleneck on West Babcock Street might be a possibility. He suggested, however, that
design of the improvement should be required up front; and steps taken to ensure that the
remediation is completed in a manner that will not negatively impact development of the
existing vacant property within the original Valley Unit Subdivision.
Ms. Holly Brown, attorney representing Mr. Don Alderson, owner of Mountain Mobile
. Estates (formerly Kountz Mobile Home Park) stated that, when added up, the estimated costs
of extending the sewer main to the subject property and placing a sleeve for water under the
new highway, as proposed by the City Engineer, total approximately $60,000. She noted that
the on-site costs are another $250,000 for sewer only or $370,000 for water and sewer
combined. She then suggested that, since the subject property was not originally anticipated
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to be served by the sewer main in Valley Unit Subdivision, a payback to that SID may not be
necessary, although she does recognize that this connection would use existing capacity.
Ms. Brown stated there are currently 120 mobile home spaces in the park; a request
for expansion to allow another 15 spaces has not yet been approved. She forwarded an
. interest in keeping the costs as low as possible, particularly in light of the limited number of
dwelling units involved. She noted a preference to connect to the sewer main in Ferguson
Avenue, in light of the lower cost; and stated a willingness to work with City Engineer Brawner
and City Manager Wysocki to finalize an agreement to allow for that connection.
Ms. Brown stated that the applicant needs a minimum of five years, and preferably
seven years, to amortize the costs of connecting to City sewer before he is faced with a
requirement to connect to water service. She expressed some concern about the requirement
to dedicate right-of-way for Ferguson Avenue since the exact alignment of the roadway and
the amount of dedication needed is not known; however, she indicated a willingness to work
with staff.
Ms. Holly Brown noted that several of the eight conditions for annexation of the
. subject property involve connection to the City's water. She reiterated her client's position
that, due to the expenses involved in extending water service to the subject property, he
cannot afford to annex at this time.
Responding to Commissioner Stueck's suggestion that the City allow the applicant
to provide a certificate of deposit rather than correcting the bottleneck in the sewer line at this
time, City Engineer Brawner stated that, while that approach can be used, he does not support
it. He noted it is preferable to have the work done immediately, since it is often more difficult
to get the work completed later. He further cautioned that, in most instances, a financial
guarantee in the amount of 1 % times the estimated costs, is required to ensure there are
adequate monies available to get the work done if the applicant does not complete the work
in a timely manner.
. City Manager Wysocki reminded the Commission that when property is annexed into
the City, specific requirements must be met. He noted that in this instance, the applicant is
seeking permission to tie onto the City's sewer system to address an existing problem; and he
is not being asked to do anything more than would be required of anyone else. He then
cautioned that the payback to SID No. 621 is strictly a passthrough, noting that if the
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Commission wishes to defer the applicant's paying those costs, the City will be required to pay
the payback fee and then carry the costs until repaid.
Commissioner Frost stated he feels that the payback; correction of the bottleneck,
if the Ferguson Avenue main is used; and installation of the sleeve for future extension of the
. water main should all be required immediately.
Commissioner Stueck suggested that, since this is an emergency situation, the
Commission should simply authorize and direct staff to negotiate with the applicant, and bring
back a proposed agreement for Commission consideration and action.
City Manager Wysocki stated a willingness to work with the applicant and his
attorney to prepare the necessary paperwork for the Commission to consider at its meeting on
June 19. He noted that staff will keep in mind the possibility of allowing for a financial
guarantee in lieu of immediate correction of the bottleneck, as suggested, recognizing that the
corrective action must be completed before Mr. LeClair begins development of his property in
the original Valley Unit Subdivision. He further noted that the City will retain the right to
determine when water service is to be installed and when annexation will occur under the
. agreement which is reached. He then stated that, since the payback must be paid upon hook-
up to the sewer main, he does not recommend that the City defer payment by the applicant.
Responding to Commissioner Frost, City Attorney Luwe stated that, because of the
emergency situation which exists, he does not believe that approval of this request will create
an undesirable precedent. He further noted that this type of situation must be considered on
a case-by-case basis, and stand on its own merits.
Commissioner Youngman noted that in this instance, the City is addressing an
emergency situation that involves what is fundamentally affordable housing. She further noted
that the City has indicated a willingness to extend sewer service without requiring annexation.
She then noted that she is comfortable with the position which the Commission has generally
taken.
. Each of the Commissioners, in turn, indicated support for requiring the installation of
a casing for a future water line to the subject property, since US Highway 191 is to be
reconstructed this summer and it appears that connection to City water will be required within
the next few years.
Responding to Commissioner Stueck, Deputy County Attorney Higgins stated that
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deferring final Commission action for a period of two weeks is acceptable under the State's
timeline for this project.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission refer this matter back to the staff for negotiation with the applicant and
. preparation of a final agreement to be submitted to the Commission for consideration at its
June 19 meeting. 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. 1399 - amendina the zonina designation from" A-S" (Agriculture--Suburban) and
"R-S" (Residential--Suburban) to "BP" (Business Park) on 13.4247 acres known as Tract 1.
Certificate of Survey No. 1224. located in the Southwest one-Quarter of Section 32. TownshiD
1 South. Range 6 East. Montana PrinciDal Meridian (The Mill)
Previously submitted to the Commission was a copy of Ordinance No. 1399, as
approved by the City Attorney entitled:
ORDINANCE NO. 1399
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"
(AGRICULTURE-SUBURBAN) AND "R-S" (RESIDENTIAL-SUBURBAN) TO
"BP" (BUSINESS PARK) ON 13.4247 ACRES KNOWN AS TRACT 1,
CERTIFICATE OF SURVEY NO. 1224, LOCATED IN THE SOUTHWEST ONE-
QUARTER OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST,
MONTANA PRINCIPAL MERIDIAN.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission finally adopt Ordinance No. 1399, amending the zoning designation on 13.4247
acres commonly known as "The Mill" from A-S, Agriculture--Suburban, and R-S, Residential--
Suburban, to BP, Business Park. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman,
Commissioner Stiff and Mayor Vincent; those voting No, none.
. Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Note from Police Chief Larry Conner responding to the issue of handicapped
parking signs.
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The City Manager noted that, according to that response, the City's signs meet
requirements; however, not all of those in private parking lots do. He noted that the Parking
Enforcement staff has been meeting with business owners about the requirements for legal
signage, in an attempt to upgrade the signs.
.. Responding to Mayor Vincent, City Attorney Luwe stated that options available to the
City include adopting an ordinance which prohibits the posting of signs which are contrary to
the ordinance, educating property owners about the requirements for signage, and not
enforcing non-compliant signs.
Responding to Commissioner Frost, the City Attorney cautioned that compliance with
ADA requirements for accessibility is separate from the issue of enforcing signage for
handicapped parking spaces.
The City Manager suggested that Mayor Vincent forward this information to Mr.
Eaton, since this information has been provided as a result of his letter.
(2) Copy of the February 18, 1994, letter from Code Compliance Officer Beall
to business owners regarding sign amortization, along with a summary of the code
. requirements.
(3) Letter from Anne Banks, Trails Committee of the Recreation and Parks
Advisory Board, dated May 29, encouraging that a trail right-of-way be preserved along Fowler
Avenue between West Babcock Street and Durston Road. The letter also indicates support for
bicycle/pedestrian facilities along that portion of Fowler Avenue between US Highway 191 and
West Babcock Street.
(4) Copy of a letter from J.C. Appleton to the Montana Department of
Transportation, dated May 27, stating opposition to closure of Main Street on a holiday
weekend for a parade.
Commissioner Youngman suggested that, in the future, the Commission may wish to
carefully monitor the timing of parades, to ensure that a main street is not closed down on a
. busy weekend. She stated that, while she feels it is appropriate to allow all types of parades,
impacts on the community as a whole should be considered.
(5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, June 6, at the Courthouse.
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(6) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, June 6, in the Commission Room at City Hall.
(7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on Tuesday, June 6, in the Commission Room at City Hall.
. (8) Copy of a letter from Mike Potter, PC Development, to the Gallatin County
Planning Office, dated May 30, regarding dedication of the trails at Triple Tree Ranch, in
conjunction with National Trails Day on June 3.
(9) Copy of the status report on transportation projects, as of May 1995.
(10) Copy of a memo from Project Engineer Pavsek to Director of Public Service
Forbes, dated May 30, forwarding a summary of the results from monitoring of the South
Bozeman Avenue sewer main.
(11 ) Memo from James Duncan & Associates, dated June 2, forwarding a status
report on the City of Bozeman/Gallatin County impact fee study and a proposal for inclusion
of water and wastewater impact fees in the overall study.
The City Manager stated this item will be placed on the June 19 agenda for
. Commission action, since a response is needed within thirty days.
(12) The City Manager submitted his weekly report, as follows. (1) Stated that
staff will revise the proposed agreement which Duncan & Associates forwarded with the
memo. (2) Announced that gap financing is being sought for the HRDC housing project; and
Bozeman is one of 48 finalist communities in which on-site interviews were conducted last
week. (3) Attended the economic development seminar and luncheon last week, at which the
Under-Secretary for the Department of Commerce spoke. (4) Announced that medical
insurance meetings are being conducted throughout the next two weeks, in light of changes
which will occur on July 1. (5) Cautioned that flash flood warnings have been
issued for
several counties in Montana, including Gallatin County.
(13) Commissioner Stueck attended the Recreation and Park Advisory Board
. meeting last week. He asked that the City Attorney check on the insurance coverages being
required from groups using City facilities, in light of concerns raised about the amount of
premiums charged for those insurance policies. He also indicated that he will attempt to assist
in obtaining a trail easement across private property, to provide a trail connection from the
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Bridger Creek Subdivision to the East Gallatin Recreation Area without going across the golf
course, with the attendant hazards.
(14) Commissioner Youngman submitted the following.
(1) Welcomed Brian
Story, who is attending this meeting as a part of the requirements to get his Boy Scout badge.
. (2) Asked that, in light of the recent newspaper articles about cutting of mature trees for
development, the Planning staff include in their reports any comments concerning potential
impacts on mature vegetation under review of environmental issues. (3) Asked that the policy
of writing acknowledgement letters to individuals and groups who write to the Commissioners
be re-implemented, so that they are aware that the letter has been received and that whatever
issue they have raised is being addressed. She noted that individual Commissioners could then
respond at a later date, if they so desire. She then asked that this item be placed
on an
upcoming agenda for discussion.
( 15) City Attorney Luwe submitted the following.
(1) Provided an update on
recent activities involving Reliable Transaction Processing (RTP) during the past week,
particularly in light of newspaper articles. He noted that RTP missed several payments on its
. COBG economic development loan; and recently renegotiated its payback agreement with the
City. He stated that late last week, City staff learned that the business was loading its assets
into a rental truck; and a temporary restraining order was immediately received from the Court.
The property was voluntarily turned over to the City and has been stored at the Haynes
Building; however, none of the high tech equipment used to serve as collateral for the loan was
in that truck load. He stated that staff is reviewing the situation, in an effort to determine the
next step. (2) Announced that he will be out of the office for the remainder of this week and
next week, to attend required National Guard training. He indicated that he will still be in town
and will respond to voice mail messages.
Consent Items
. City Manager Wysocki presented to the Commission the following Consent Items.
Authorize City Manaaer to sian - Agreement between City and Natural Path
Forestry Consultants. Inc. - tree inventory in public rights-of-wav
and on City-owned public areas
Authorize City Manager to sian - Grant Agreement between City and
Department of Natural Resources and Conservation. Eneray
Division - conduct study on campus parking and transit feasibilitv
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Authorize City Manager to sign - Agricultural Lease between City and
Steven G. Davhuff - for lease of 20 + acres of Citv-owned land
located in the Mountain Shadows Estates Masterclan Subdivision.
in the SY.z. SE%. SE%. Section 1. T3S. R5E. MPM (south of citv.
near Mvstic Heiahts Subdivision)
Authorize City Manaaer to sian - Landscape Reconstruction Permit between
the City and Dorothv Kober - Lot 11. Block 10. Fairview Addition
. and Lot 2. Block C. Alderson's Amendment to Fairview Addition
(726 South 3rd Avenue) - in conjunction with West College
Rehabilitation Proiect
Authorize City Manaaer to sign - Landscape Reconstruction Permit between
the City and Farwell Smith & Linda McMullen - Lot 12. Block 45.
Park Addition. and 50-foot bv 121 + -foot adiacent strip (725
South 3rd Avenue)
- in coniunction with
West Colleae
Rehabilitation Proiect
Commission Resolution No. 3064 - concurring in creation of the Gallatin
Water Qualitv District
COMMISSION RESOLUTION NO. 3064
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA. CONCURRING IN THE CREATION OF THE GALLATIN WATER
QUALITY DISTRICT.
Reauest for permission to close fund 2120 - 1974 Park and Recreation
General Obligation bonds: distribute collection of any delinauent
property taxes for this fund to general fund
. Authorize City Manaaer to sign - Addendum No.1 to Contract between City
of Bozeman. Gallatin County and TRI Touch America for new
telephone system
Authorize absence of Mavor Vincent from meetina of June 19. 1995. in
compliance with Section 7-3-4322(2), M.C.A.
Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
. Recess - 4:25 p.m.
Mayor Vincent declared a recess at 4:25 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 p.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
. Public hearina - Conditional Use Permit for Planned Unit Development - Don Hannah - allow
development of 169 sinale-family residential homes on 147.23-acre tract located in the NE%.,
Section 25, T2S, R5E, and the NW%., Section 30, T2S, R6E, MPM (southeast corner of
intersection of South Third Avenue and Goldenstein Lane) (Z-9538)
This was the time and place set for the public hearing on the Conditional Use Permit
for a Planned Unit Development, as requested by Don Hannah under Application No. Z-9538,
to allow development of 169 single-family residential homes on a 147. 23-acre tract located in
the Northeast one-quarter of Section 25, Township 2 South, Range 5 East, and the Northwest
one-quarter of Section 30, Township 2 South, Range 6 East, Montana Principal Meridian. The
subject site is more commonly located at the southeast corner of the intersection of South
Third Avenue and Goldenstein Lane.
Included in the Commissioners' packets was a letter to Assistant Planning Director
Debbie Arkell, dated May 25, from Don Hannah, withdrawing this and the subsequent
. application from the agenda.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission acknowledge receipt of the letter of withdrawal. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
Public hearina - Preliminary plat - Sundance Sprinas Subdivision - Don Hannah - subdivision
planned unit development to subdivide 147.23-acre tract located in the NE%, Section 25, T2S,
R5E, and NW%, Section 30, T2S, R6E, MPM, into 169 single-family residential lots (southeast
corner of intersection of South Third Avenue and Goldenstein Lane) (P-9517)
This was the time and place set for the public hearing on the preliminary plat for
Sundance Springs Subdivision, as requested by Don Hannah under Application No. P-9517, a
. subdivision planned unit development to subdivide the 147.23-acre tract located in the
Northeast one-quarter of Section 25, Township 2 South, Range 6 East, and the Northwest one-
quarter of Section 30, Township 2 South, Range 6 East, Montana Principal Meridian, into 169
single-family lots. The subject site is more commonly located at the southeast corner of the
intersection of South Third Avenue and Goldenstein Lane.
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Included in the Commissioners' packets was a letter to Assistant Planning Director
Debbie Arkell, dated May 25, from Don Hannah, withdrawing this and the previous application
from the agenda.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
. Commission acknowledge receipt of the letter of withdrawal. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck,
Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none.
Public hearina - Variance to allow exoansion of non~conforming structure in accordance with
Section 18.56.030.8.2 - Tract 2. cas No. 1877 - Mark and Michele Cusack
This was the time and place set for the public hearing on the variance, requested by
Mark and Michele Cusack under Application No. C-9503, in accordance with Section
18.56.030.B.2., Bozeman Municipal Code, to allow expansion of the non~conforming structure
on Tract 2, Certificate of Survey No. 1877, located in the southwest one-quarter of Section
32, Township 1 South, Range 6 East, and the northwest one-quarter of Section 5, Township
2 South, Range 6 East, Montana Principal Meridian. The subject 1 + -acre parcel is more
. commonly located at 1320 Hillside Lane.
Mayor Vincent opened the public hearing.
Assistant Planner Lanette Windemaker presented the staff report. She stated that the
subject property is zoned R-S, Residential-~Suburban Country Estates; and the setbacks for this
zoning district include a 35-foot front yard setback, a 25-foot side yard setback, and a 25-foot
rear setback. The existing house, which is the only one located along the north side of Hillside
Lane, is approximately 25 feet from the front property line, 75 feet from the rear property line,
50 feet from the west property line and 250 feet from the east property line. The proposed
addition is to be located on the west side of the house, and is to be a minimum of 38 feet from
the front property line, 43 feet from the side property line and 71 feet from the rear property
. line; therefore, it meets all of the setback requirements for the R-S zoning district.
Assistant Planner Windemaker stated that staff has reviewed this application in light
of the three criteria established by the Montana Supreme Court; and the staff's comprehensive
findings are contained in the written staff report which was included in the Commissioners'
packets. She briefly highlighted those findings, noting that since the addition is to meet all
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setback requirements, staff does not believe the requested variance would be contrary to the
public interest, nor would it circumvent the integrity of the zoning ordinance, She then noted
that the subject parcel contains a steep slope, only a short distance from the road; and that
slope results in only one small buildable area on the site, She encouraged the Commission to
. carefully consider the topographical features of the lot, which significantly reduce the options
available for development of the one-acre parcel.
The Assistant Planner concluded her presentation by recommending approval of the
requested variance,
Mr. Mark Cusack, applicant, stated that the Assistant Planner has adequately covered
the application, and indicated that he and his wife would be willing to respond to questions,
Mrs, Aileen Vogel, 1317 Hillside Lane, stated that she and her husband, Rudy, live
across the street from the subject property and support the application,
No one was present to speak in opposition to the requested variante,
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing,
. There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the variance, requested by Mark and Michele Cusack under Application
No, C-9503, in accordance with Section 18,56,030.8.2., Bozeman Municipal Code, to allow
expansion of the non-conforming structure on Tract 2, Certificate of Survey No. 1877, located
in the southwest one-quarter of Section 32, Township 1 South, Range 6 East, and the
northwest one-quarter of Section 5, Township 2 South, Range 6 East, Montana Principal
Meridian. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
. Mayor Vincent; those voting No, none.
Public hearing - appeal of Design Review Board decision re Certificate of Appropriateness
reauiring that masonite sidina be used rather than vinvl siding - Rov Reiigers, 308 North
Bozeman Avenue
This was the time and place set for the public hearing on the appeal of the Design
Review Board's decision on the Certificate of Appropriateness, as requested by Roy Reijgers
06-05-95
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under Application No. 2-9552, to replace six windows, the siding and possibly two chimneys
on the residence located on Tract 3, Block 1, Beall's First Addition. The subject site is located
at 308 North Bozeman Avenue.
Commissioner Frost announced that he will abstain from participating in the
. discussion and vote on this agenda item, since he carried it to the Design Review Board on
behalf of the Human Resource Development Council.
Mayor Vincent opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She reminded
the Commission that this is an appellate hearing; therefore, the hearing is to be limited to the
grounds of the appeal and the decision is to be based on the record forwarded from the Design
Review Board.
The Assistant Planning Director stated that Mr. Reijgers has been working to upgrade
his home over the past seven or eight years, with that work being done to the interior of the
structure to date. The applicant has now applied for a Certificate of Appropriateness to allow
for replacement of windows and siding on the structure. The Planning staff and the Historic
. Preservation Officer completed their reviews of the application and forwarded recommendations
for approval to the Design Review Board, which considered the application at its May 9
meeting. At that meeting, the DRB disagreed with staff recommendations, choosing to allow
the applicant to relocate some of the windows, with the stipulation that those windows be
double-hung windows. The DRB further disagreed with the staff recommendation that vinyl
siding be allowed, and added a condition that the applicant be required to use ColorLok
masonite siding; and that requirement is the basis for the appeal.
The Assistant Planning Director stated that Mr. Reijgers has followed the appropriate
process for filing of the appeal, including the filing of a notice of appeal and then a documented
appeal; and the hearing has been noticed and posted as required by the zone code. She noted
that, included in the Commissioners' packets were copies of the staff summary to the Design
. Review Board, with architectural review and Historic Preservation Officer comments attached,
a copy of the application and minutes from the May 9 Design Review Board meeting.
Mr. Roy Reijgers, 308 North Bozeman Avenue, stated that many of the homes on
North Bozeman Avenue have been re-sided with vinyl siding because of its lifetime guarantee
and low maintenance. He further noted that vinyl siding has several features, as depicted in
06-05-95
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a magazine article which he showed the Commission. Those features include trim to match
the appearance of the original trim often found on older homes; and that trim is not available
for masonite siding. He stated that it is his desire to take advantage of those available trims
as well as the low maintenance factor.
. Assistant Planning Director Arkell stated that a discussion with Historic Preservation
Officer Strahn revealed that vinyl siding has been used in the neighborhood; and it does not
preclude eligibility for the National Register of Historic Places. She further noted that he
reiterated that he has no objection to the use of 3- to 4-inch lap vinyl siding instead of masonite
siding.
Responding to Commissioner Stueck, the Assistant Planning Director stated that one
member of the DRB voiced strong opposition to the use of vinyl siding, indicating that masonite
siding is more in keeping with the era of the home; and the other members of the Board
concu rred.
Responding to Commissioner Youngman, the Assistant Planning Director stated that
3- to 4-inch lap siding is in keeping with the era of the neighborhood. She then noted that vinyl
. siding has a lifetime guarantee. The ColorLok masonite siding has a 20-year guarantee. It is
not available in 3- to 4-inch lap siding width and would require ripping of each board to obtain
that width; however, ripping of the siding negates the guarantee.
No one was present to speak in opposition to the appeal.
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 overturn the decision of the Design Review Board on the Certificate of
Appropriateness, as requested by Roy Reijgers under Application No. Z-9552, for the residence
. located on Tract 3, Block 1, Beall's First Addition, by approving the appeal to allow the use of
vinyl siding rather than the masonite siding required by the Design Review Board. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
Commissioner Frost abstained.
06-05-95
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Public hearing - Certificate of ADDropriateness with deviations from Section 18.18.050 to allow
addition to house to encroach 5 feet into reauired 8-foot side yard setback and 12 feet into
reauired 25-foot front yard setback - Dortion of fractional Lot A. GUY'S Second Addition - Holly
Hausmann and John Preston (409 South Bozeman Avenue) (Z-9548)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Holly Hausmann and John Preston under Application No.
. Z-9548, with deviations from Section 18.18.050, to allow construction of a 450-square-foot
addition to the house located on a portion of fractional Lot A, Guy's Second Addition to
encroach 5 feet into the required 8-foot side yard setback and 12 feet into the required 25-foot
front yard setback. The subject site is more commonly located at 409 South Bozeman Avenue.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report, a copy
of which had been included in the Commissioners' packets. He noted that the subject addition
is to follow the same lines as the existing house, which results in the need for deviations. He
stated that the Design Review Board conducted its review of this application, taking into
consideration staff's recommendations, at its May 9 meeting. As a result of that review, the
DRB has forwarded its recommendation for approval.
. Mr. John Preston, applicant, stated he and his wife, Holly Hausmann, are present 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 Stueck, that the
Commission approve the Certificate of Appropriateness, as requested by Holly Hausmann and
John Preston under Application No. Z-9548, with deviations from Section 18.18.050, to allow
. construction of a 450-square-foot addition to the house located on a portion of fractional Lot
A, Guy's Second Addition to encroach 5 feet into the required 8-foot side yard setback and 12
feet into the required 25-foot front yard setback, subject to the following conditions, as
recommended by the Design Review Board:
1. That the front door of the structure shall be relocated on center
between the center posts of the covered patio;
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2. That the proposed dormer shall be reduced in size with an
appropriate adjustment of the dormer window. Said reduction and
window treatment shall be subject to final review and approval by
the Planning Office; and
3. That the applicant shall obtain a building permit within one year
of approval of the Certificate of Appropriateness.
A building
. permit will not be approved by the Planning Office until the above
conditions have been met.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent;
those voting No, none.
Public hearina - Zone MaD Amendment - R-4 to B-2 - Crossroads Food Center. dba Community
Food CO~OD - Lots 14-19. Block G. Storv's Addition (901. 907 and 911 West Babcock Street
(Z-9532)
This was the time and place set for the public hearing on the Zone Map Amendment
from R-4, Residential--High-density, to B-2, Community Business, as requested by Crossroads
Food Center, dba Community Food Co-op under Application No. Z-9532, for Lots 14 through
19, Block G, Story's Addition. The subject properties are more commonly known as 901, 907
. and 911 West Babcock Street.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
that the subject property is located at the northwest corner of South 9th Avenue and West
Babcock Street. He noted that the written staff report, which was previously distributed to the
Commission, contains the staff's comprehensive findings for each of the twelve criteria under
which zone map amendments are to be considered. He stated that, following review of those
criteria and its public hearing held on May 16, the City~County Planning Board voted
unanimously to forward its recommendation for approval of the rezoning.
Mr. Kelly Wiseman, General Manager of the Community Food Co-op, stated that when
the master plan was updated, it recognized that the commercial district should be widened
. where appropriate, rather than having a commercial district "30 miles long and 1 block wide".
He stated that the Community Food Co-op has purchased the three subject houses. Until now,
it has been appropriate to allow those houses to remain in a residential zoning designation;
however, at this time, the Co-op wishes to rezone the property, remove one of the houses to
06-05-95
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expand parking for the business and improve truck access, and preserve the two remaining
houses as affordable housing units.
Mr. Wiseman stated he has talked to the neighbors about this requested rezoning and
the proposed expansion of the parking lot. He noted that many of the neighbors recognize the
. need for more parking on the site; and they are tired of having people park in front of their
homes.
Responding to Commissioner Stueck, Mr. Wiseman stated that, at least for the
foreseeable future, the Co-op plans to retain the two residences. He reiterated their intent to
keep the rent as low as possible, targeting low-income families.
Responding to Commissioner Youngman, Mr. Wiseman stated that the residence to
be removed for parking is currently the subject of a silent auction for anyone who is interested
in moving the structure rather than having it demolished. He noted that some interest has been
expressed; and his preference is to see the building moved rather than destroyed.
Commissioner Youngman asked how rezoning of the subject property to B-2 might
impact attempts to acquire financing on the residences in the future.
. Associate Planner Morris stated that conversations with Neighborhood Coordinator
Goehrung revealed that under the rehabilitation program, there is flexibility to review
applications on a case-by-case basis and to finance rehabilitation of homes located in business
zoning districts. He further noted that banks typically do not lend monies on non-conforming
uses; however, it is possible to legalize the existing homes by going through the conditional use
permit process, which would result in a legalized non-conforming use that could then be eligible
for bank financing.
No one as present to speak in opposition to the requested rezoning.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
There were no Commissioner objections to waiving the customary one~week waiting
. period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the Zone Map Amendment from R-4, ResidentialnHigh-density, to B-2,
Community Business, as requested by Crossroads Food Center, dba Community Food Co-op
under Application No. Z-9532, for Lots 14 through 19, Block G, Story's Addition. The motion
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- 20 -
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.
City Attorney Luwe stated that staff will bring back an ordinance enacting this zone
. map amendment, for Commission action, as soon as possible.
Break - 7:28 to 7:50 p.m.
Mayor Vincent declared a break from 7:28 p.m. to 7:50 p.m., to allow the staff and
applicant for the next agenda item to arrive at the meeting.
Public hearing - Certificate of Aoorooriateness with deviations from Section 18.30.050 to allow
Davina 25 feet into reauired 25-foot front yard setback and from 18-50.070.A. to allow fence
in front yard to exceed 4-foot height limitation bv 4 feet - COS No. 361 and part of Block C,
Rouse Addition -EmDire Buildina Materials. Inc. (608 East Main Street) (Z-9550)
This was the time and place set for the public hearing on the Certificate of
Appropriateness, as requested by Empire Building Materials under Application No. Z-9550, with
deviations from Section 18.30.050 of the Bozeman Municipal Code, to allow paving to extend
. 25 feet into the required 25-foot front yard setback, and from Section 18.50.070.A. of the
Bozeman Municipal Code, to allow the fence in the front yard to exceed 4-foot height limitation
by 4 feet, on Certificate of Survey No. 361 and part of Block C, Rouse Addition. The subject
site is more commonly located at 608 East Main Street.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He reviewed the contents of
his memo of June 1, which was included in the Commissioners' packets, and which
supplements the staff summary which was previously forwarded to the Commission. He stated
that under this application, no changes are being proposed to the existing structures; rather,
it pertains to on-site improvements only. The applicant is proposing an 8-foot~high chain link
. fence along the south half of the South Wallace Avenue frontage as well as paving to the
property line along the South Wallace Avenue frontage.
The Senior Planner stated that staff has requested a revised site plan, with additional
streetscape and landscaping to mitigate the impacts of this commercial site on adjacent
residential development. He noted that the revised site plan which has been submitted should
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address many of the comments and concerns forwarded by Mr. Jeffrey Ball, 323 South Wallace
Avenue, in his letter of May 27, which was included in the Commissioners' packets.
The Senior Planner stated that the Development Review Committee and the Design
Review Board have reviewed this application and have forwarded recommendations for
. approval, subject to a number of conditions. He noted that two of those conditions conflict,
since the DRC has recommended a boulevard sidewalk while the ORB has recommended
installation of a curb sidewalk; and that conflict must be resolved in conjunction with the
Commission's decision. He stated that the Planning staff has also forwarded four conditions
in the memo of June 1, for Commission consideration in the decision-making process, in light
of the revised site plan.
Senior Planner Skelton stated that there are currently five curb cuts to the subject
site; and those are to be reduced to three curb cuts under this application. The curb cut closest
to Main Street, which is approximately 16 feet from the property line, is to remain, to allow for
adequate tractor/trailer maneuvering in the northwest corner of the site. He further noted that
there is adequate space in the northwest corner to accommodate diagonal parking. Under this
. application, the existing billboard sign is to be removed; and the 16-foot width along Main
Street is to be landscaped with low vegetation, to ensure that the sight triangle is protected.
Staff recommends that street trees be required along the South Wallace Avenue frontage, with
a heavy concentration of low vegetation to be added where the building is closest to the street,
at East Babcock Street.
The Senior Planner stated that Director of Public Service Forbes has forwarded a
suggestion that a curb sidewalk be allowed on the northern end of the site, due to the minimal
space available in which to maneuver tractor/trailer units. He has also suggested that the
sidewalk south of the second curb cut be installed as a boulevard sidewalk, since there is
adequate space and the boulevard sidewalk would not conflict with on-site activities.
Senior Planner Skelton reviewed three Transportation System Management (TSM)
. projects listed in the Transportation Plan Update which impact the streets immediately
surrounding the subject property. Those projects include TSM SE5, which extends the one-
way designation on Babcock Street east to South Wallace Avenue; TSM SE15, which prohibits
parking on East Main Street within 100 feet of its intersection with Wallace Avenue and
provides for signalization of the intersection when warrants are met; and TSM SE21, which
06~05-95
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provides for two northbound lanes and one southbound lane on South Wallace Avenue between
East Main Street and East Babcock Street. He cautioned that, with these improvements and
the anticipated increase in traffic, vehicular conflicts could become even greater than they are
currently as vehicles try to gain access to the site.
. The Senior Planner stated that an on-site visit this past week revealed that the curbing
along the east side of South Wallace Avenue, adjacent to the subject site, is in good condition,
allowing the installation of a curb sidewalk without any curb replacement.
Responding to Commissioner Stiff, the Senior Planner stated that, since the sidewalk
is an impervious surface and the asphalt parking lot would abut it, tractor/trailer units could
drive on it to maneuver into the northwest corner of the building. He then noted that Planning
staff has difficulty in supporting the installation of a sidewalk on one side of the street only,
in light of the negative results when that has been allowed, citing Fieldstone Drive as an
example.
Commissioner Stueck expressed concern about the proposal to require that three
street trees be planted between the two northernmost curb cuts, particularly in light of the
. potential problems they could create for tractor/trailer units accessing the site. He further
expressed concern that the two end trees, in particular, could be destroyed by trucks as they
enter or leave the property.
Mr. Ron Hines, applicant, stated that he had initially asked that sidewalks not be
required; however, he indicated a willingness to accept most of the conditions which have been
recommended. He asked that the street trees not be required along the northern portion of the
site because of the negative impact they would have on maneuvering of large trucks, although
he is willing to accept the other landscaping requirements.
Responding to Commissioner Frost, Mr. Hines stated that snow is removed from the
site because there is no place to store it; and that practice will continue after the improvements
have been made.
. Responding to Commissioner Youngman, the Senior Planner stated that the chain link
fence will be moved back four to five feet from its existing location.
Mr. Ron Hines stated he recognizes the importance of upgrading the appearance of
the site, particularly along the street frontages. He reiterated his concern, however, over
planting trees between the two northernmost curb cuts along the South Wallace Avenue
06-05-95
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frontage. He then noted that water run-off from the site should be minimal, with most of the
water being detained on site until it has a chance to filter into the ground. Mr. Hines
then
showed the Commission several pictures of the subject site.
Responding to Commissioner Frost, Mr. Mark Chandler, consulting engineer, stated
. that the drivers of the tractor/trailer units are generally careful when maneuvering around the
power pole and light pole which exist at the northwest corner of the site. He then stated that,
if the Commission wishes, one street tree could be safely planted in that front yard area;
however, he expressed concern about getting the trees too close to the curb cuts.
Commissioner Frost noted that, since the trees would be planted under power lines,
they must be a smaller type of tree. He proposed that a three-foot-high hedge be required
along the south edge of the 16-foot-wide landscape strip along East Main Street, to shield the
parking lot from the street.
Mayor Vincent stated that, in light of the additional traffic anticipated on South
Wallace Avenue, it is important to ensure that truck traffic can maneuver quickly onto and off
the subject site.
. City Manager Wysocki asked the applicant if he would be willing to plant a couple
street trees in front of the residences on the west side of South Wallace Avenue in lieu of being
required to plant them between the two northernmost curb cuts on his property. He noted that
if the trees were relatively small with a low crown, the visual impacts of the commercial use
could probably be mitigated. Following a brief discussion, Mr. Hines indicated a willingness to
consider that alternative.
Commissioner Frost stated that, in addition to the conditions recommended by the
DRC, the DRB and Planning staff, he feels that conditions should be added to allow for a curb
sidewalk along the northern portion of the site, with a boulevard sidewalk from the second curb
cut south; that the applicant be required to maintain a three-foot-high hedge along the south
edge of the landscaping along East Main Street; that the light fixture at the northwest corner
. of the property be brought into compliance with the zone code requirements; that the applicant
be required to paint the north and west sides of the metal storage building; and that the
applicant be required to plant two small street trees in front of the residential properties across
the street plus one between the northernmost curb cuts on his property. He then encouraged
the applicant to mitigate impacts on traffic as much as possible, ensuring that large trucks are
06-05-95
- 24 -
not parked in the middle of the street during the 5:00 p.m. rush hour. He indicated that any
concerns which the applicant may have about drainage are to be addressed with the City
Engineer rather than at this time.
Responding to Senior Planner Skelton, Commissioner Frost stated the height of the
. existing light pole is acceptable, as long as the light fixture meets code requirements.
Commissioner Youngman stated support for the idea of planting trees on the west
side of South Wallace Avenue instead of along the applicant's property. She suggested,
however, that the applicant contact those property owners to see if they would be willing to
have the trees planted along their properties and whether they would be willing to water and
maintain the trees. She also indicated support for Commissioner Frost's proposal that the light
fixture be brought into compliance with the zone code. She also supports the proposed
alignment of the sidewalk along the subject property, noting that the sidewalk is particularly
important with the proposed transportation projects.
Commissioner Stiff stated that he does not believe the sidewalk is needed; however,
he does recognize that he is in a minority position on that issue. He characterized a curb
. sidewalk as a mistake, citing the problems encountered with the curb sidewalk along Peach
Street.
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 Empire Building
Materials under Application No. Z-9550, and as depicted on revised site plan submitted at this
hearing, with deviations from Section 18.30.050, to allow paving to extend 25 feet into the
required 25-foot front yard setback, and from Section 18.50.070.A., to allow fence in front
. yard to exceed 4-foot height limitation by 4 feet, on Certificate of Survey No. 361 and part of
Block C, Rouse Addition, subject to the following conditions:
1. That the final site plan shall be adequately dimensioned prior to
final site plan approval;
2. That a Stormwater Drainage/Treatment Plan and Maintenance Plan
for a system designed to remove solids, silt, oils, grease and other
06-05-95
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..----..".-- ...-.. .- -- .- ....~..
- 25 -
pollutants must be provided to and approved by the City Engineer.
The plan must demonstrate adequate site drainage (including
sufficient spot elevations), stormwater detention/retention basin
details (including basin sizing and discharge calculations, and
discharge structure details), stormwater discharge destination and
a stormwater maintenance plan.
The stormwater drainage/treatment facilities must include a
. maintenance plan outlining, in detail, maintenance operations,
frequency of inspections and maintenance, responsible parties and
record keeping methodology.
No additional stormwater runoff
from the property shall be allowed unless absolutely necessary;
3. That plans and specifications for any storm sewer main extension
and curb, gutter and sidewalks, prepared by a professional
engineer (PE) registered in the State of Montana, shall be provided
to and approved by the City Engineer.
The applicant shall also
provide professional
engineering services for
construction
inspection, post-construction certification and preparation of mylar
record drawings. Specific
comments regarding the existing and
proposed infrastructure
shall be provided
at that time.
Construction shall not be initiated on the public infrastructure
improvements until the
plans and specifications have been
approved and a preconstruction conference has been conducted;
4. That all improvements, including curb/gutter, sidewalk and related
stormwater improvements, shall be financially guaranteed prior to
final site plan approval;
5. That all drive approaches shall be located in accordance with
. Section 18.50.110.0. of the Bozeman Municipal Code, or a
deviation obtained through the governing body. A City Curb Cut
and Sidewalk Permit shall be obtained prior to final site plan
approval;
6. That City standard curb and boulevard sidewalks shall be installed
and properly depicted at the standard location along the street(s)
frontage as approved by the City Commission. A City Curb Cut
and Sidewalk Permit shall be obtained prior to final site plan
approval;
7. That typical curb details (i.e. raised and/or drop curbs) and typical
asphalt paving section detail shall be provided and approved by
the City Engineer. Concrete curbing shall be provided around the
entire new parking lot perimeter and adequately identified on the
final site plan;
8. The City Standard "No Parking" signs shall be placed at the east
side of Wallace in accordance with the Transportation System
Management improvement
SE21 -- Wallace (East Main
to
Babcock). The number and format
of the signs shall be
. coordinated with the City Sign Department;
9. That the configuration of the off-street parking shall be adequately
dimensioned and
shall comply with the
requirements of
18.50.120 of the Zone Code unless a deviation or variance is
granted by the governing body.
This includes parking stall
dimensions, drive aisle widths, lot surfacing, and curbing.
All
parking spaces shall have adequate area to allow for backing
movements and shall not back onto public right-of-way unless
deviations are obtained through the governing body;
06-05-95
- 26 -
10. That all existing utility and other easements must be shown on
the final site plan prior to final site plan approval;
11. That adequate snow removal storage area must be designated
outside the sight triangles, but on the subject property (unless a
snow storage easement is obtained for a location off the property
and filed with the County Clerk and Recorder);
. 12. That drive approach and public street intersection sight triangles
shall be free of plantings which at mature growth will obscure
vision within the sight triangle;
13. If boulevard trees are required, a planting detail shall be provided
and must comply with the Engineering Department standards.
Root barrier material should be used.
No plantings shall be
allowed in the typical sidewalk location;
14. That building materials from the commercial use shall not be
placed and stored in the public right-of-way of South Wallace
Avenue and large semi-tractor loads should not be allow to block
the public right-of-way during loading and unloading of materials.
15. That the applicant install a landscape area within the entire
twenty-five (25) foot front yard setback along East Main Street
from the intersection with South Wallace Avenue to the west end
of the existing structure which demonstrates variety in seasonal
color, texture and shape, and that the site plan and landscape
legend be revised accordingly for review and approval by the
Planning Office prior to final site plan approval and issuance of a
Certificate of Appropriateness;
. 16. That the existing billboard be removed from the property prior to
final site
plan approval and issuance
of a Certificate of
Appropriateness;
17. That the applicant install screening devices as part of the new
chain link fence proposal if the applicant is permitted to relocated
the 8-foot fence on the property line, and that a typical fence
screening detail be provided on the site plan for review and
approval by the Planning Office prior to final site plan approval
and issuance of a Certificate of Appropriateness;
18. That the applicant install a front yard that is fully landscaped with
live vegetation and no ornamental rock, (Le., grass, ornamental
tree and low profile landscape instead of washed gravel) from the
property line along East Main Street, south to the alignment with
the north edge of the northernmost curb cut (approximately 16
feet), with a 30-inch-high hedge to be maintained along the
southern boundary of that landscape strip to shield the parking lot
from East Main Street; and between the existing building on said
. property and the structure to the east with a front yard
landscaped area that is a minimum width of 25 feet, and that the
site plan be revised accordingly prior to final site plan approval and
issuance of a Certificate of Appropriateness and building permit to
proceed with the project;
19. That the applicant install a City-standard curb sidewalk along the
north 215 feet of said property fronting on South Wallace
Avenue; and that it be realigned to a boulevard sidewalk along the
remaining south 440 feet of the said property; that the second
and fourth existing curb cuts (counting north to south) be
06-05-95
-
- 27 -
eliminated and replaced with sidewalks by the applicant, and that
the third curb cut be shifted further north to avoid alignment with
the existing structure to a location acceptable to the City
Engineer's Office; and that the site plan be revised accordingly for
review and approval by the Planning Office prior to final site plan
approval;
20. That boulevard trees be installed along South Wallace Avenue at
. a spacing of one (1) tree per fifty (50) lineal feet from the
relocation of the third curb cut to the south property line
(approximately 8 trees); that one street tree, approximately
centered between the northernmost curb cut and the relocation of
the third curb cut, be installed; that a typical detail for installation
of a protective fencing device for the tree adjacent to the
proposed paved parking and loading/unloading area be submitted
to the Planning Office for review and approval prior to installation
by the applicant; that two (2) boulevard trees be planted in front
of the residence along the west side of South Wallace Avenue in
lieu of additional trees being required along the northwest corner
of the subject property; and that the landscape plan and legend be
revised accordingly prior to final site plan approval;
21. That additional landscaping (i.e., live vegetation and low profile
landscape) which demonstrates seasonal color, texture and shape
be installed within the existing 8 foot front yard along South
Wallace Avenue that is directly in front of the projected portion of
the existing
building (approximately 120
feet) facing the
intersection of East Babcock Street and South Wallace Avenue,
and that the landscape plan and legend be revised accordingly for
review and approval by the Planning Office prior to final site plan
. approval;
22. That the applicant install a canned, "shoe-box" light fixture on the
existing outdoor light standard (i.e., existing power pole) located
in the semi-truck unloading area, which shall include a cut-off
shield to deflect light down and/or away from adjacent properties
and street, and that a typical light fixture detail be provide on the
site plan for review and approval by the Planning Office prior to
final site plan approval, prior to issuance of a Certificate of
Appropriateness and building permit to proceed with the project.
The light fixture luminaire shall not be visible from adjacent
properties and streets;
23. That, at a minimum, the applicant be required to paint the three
sides of the projected portion of the existing metal building
fronting East Babcock Street to conform with the north portion of
the existing masonry building; and
24. That the applicant obtain a Certificate of Appropriateness from the
Planning Director
and building permit
from the Building
Department prior to proceeding with the project.
.
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.
06-05-95
- 28 -
Adjournment - 8:35 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:
~/L~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
06-05-95
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