HomeMy WebLinkAbout1995-05-15 ccm
__n_____
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 15, 1995
*****************************
. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, May 15, 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 - ADril 24. Mav 1 and Mav 8. 1995
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the meetings of April 24 and May 1, 1995, be approved as amended and that the
. minutes of the meeting of May 8, 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.
Reauest for Dermission to address Commission re attemDted relocation of business - Rori Rose.
JumD Start ESDresso
Included in the Commissioners' packets was a copy of a memo from Director of Public
Service Forbes to Associate Planner Morris, dated May 10, regarding possible relocation of the
subject business to the southeast corner of the intersection of North 7th Avenue and West
Tamarack Street.
Ms. Rori Rose distributed copies of a letter from the Bozeman Inn, dated May 5,
. supporting her business. She noted that she has not received any response to her April 4 letter
to the Commission; therefore, she has asked for an opportunity to address them at this time.
She stated that she is seeking permission, through whatever mechanism is necessary, to stay
in business without being required to connect to City water and sewer services; and Planning
staff has indicated it cannot support that request under the existing zoning ordinance.
05-1 5-95
__.____.___n_._..
- 2 -
At Commissioner Stueck's request, Ms. Rose provided some history on her business.
She stated that when she first began to plan for her business, she discussed the matter with
former Associate Planner Kevin Wall. Upon his recommendation, she placed her business on
wheels, with the understanding that under a special temporary use permit, she could relocate
. every three months and not be required to hook up to City water and sewer services. She
noted, however, that every time she has found a possible new location, she has encountered
a different reason for why she cannot relocate. In the latest instance, she is being
asked to
relocate a driveway. Since it would result in a disruption of existing activities on the site, and
elimination of two or three trailer spaces, the property owner has decided not to allow her to
relocate to the Sunset Motel property at the corner of North 7th Avenue and West Tamarack
Street. She forwarded her frustration with the number of different reasons that arise to foil her
attempts at relocation.
Responding to Commissioner Stueck, Ms. Rose stated that traffic is one of the issues
that has arisen. She also noted that, although she had been originally led to believe that she
could rotate between two or three different sites, she has now been told that she cannot use
. the same site twice.
Ms. Rose noted that the Chamber of Commerce information center on North 7th
Avenue has been allowed to exist without water or sewer services. She questioned why she
should be required to do so. She noted that her water must be filtered and softened; and she
has approximately ten gallons of gray water per day, which goes into a holding tank. She also
noted that her small drive-up building houses only her; and she makes arrangements with the
property owner for her use of the restroom facilities on site.
Commissioner Stiff noted that in several of the larger communities, he has seen
similar businesses located in larger parking lots and asked if that option has been pursued.
Ms. Rori Rose stated she has approached every property owner with a large parking
lot; and she has been turned down in all of those locations.
. Commissioner Stiff asked if the only utility required for operation of her business is
electricity; Ms. Rose responded that it is.
Planning Director Andy Epple stated that the Planning staff has been issuing special
temporary use permits for this business while attempting to address the problems which have
arisen; and it is their intent to continue doing so while additional steps are being taken.
He
05-1 5-95
- 3 -
acknowledged that the big stumbling block is the requirement to connect to City water and
sewer services. He noted that several staff members have reviewed the proposal and the code
requirements; and all of the staff has reached the same conclusion. He noted that staff further
feels some type of site review is essential, to ensure that issues like traffic generation are
. addressed.
The Planning Director stated that the Commission could consider a zone code
amendment to exempt places of business under 120 square feet from the requirements to
connect to City water and sewer services. He noted that staff has discussed this idea, but is
not supportive. He then cautioned that the intent of the zone code must be taken into
consideration, including the difference between a special temporary use permit and a permanent
use. He stated that staff does not view a business that moves every ninety days to retain its
temporary status as a temporary use.
Responding to questions from Commissioner Frost, the Planning Director stated that
the City could require that the Chamber of Commerce building be connected to water and
sewer services if it so chooses.
. Ms. Rose re-emphasized the fact that she placed her business on wheels as a result
of her initial discussions with former Planner Wall.
Planning Director Epple noted that he has a pending business license in his office for
an operation similar to this one, to be located at the Quik Lube on West Main Street.
Mayor Vincent noted this type of business is quite common in many western cities.
He then suggested that staff contact Bellevue, Washington, and Beaverton, Oregon, to see how
they have addressed this issue. He also asked that the Commissioners forward any comments
or questions on this issue to the Clerk of the Commission by Thursday, with the understanding
that those comments will then be forwarded to the Planning Director. He noted that
the
information garnered could then provide some direction on what the next step should be.
The Commission thanked Ms. Rose for her presentation.
.
Decision - Deviations from Sections 18.20.050 and 18.50.050.F.1 - Jennifer Smith Mitchell -
to allow existina structure to encroach 16% feet into reauired 20-foot year yard setback and
6 % feet into 10-foot reauired rear yard setback for accessory structure - west 110 feet of lots
5 and 6. Block A. Rouse's Second Addition (122 South Church Avenue) (2-93158)
This was the time and place set for the decision on the deviations, as requested by
05-15-95
----.--.- - -- --.--------
- 4 -
Jennifer Smith Mitchell under Application No. Z-93158, from Sections 18.20.050 and
18.50.050.F.1, to allow existing structure to encroach 16 Y:z feet into required 20-foot rear yard
setback and 6 Y:z feet into 10-foot required rear yard setback for accessory structures on the
west 110 feet of Lots 5 and 6, Block A, Rouse's Second Addition. The subject site is more
. commonly located at 122 South Church Avenue.
Mayor Vincent reminded the Commission that the public hearing was held on May 1;
and the decision has been set for this time.
Commissioner Stueck stated he has carefully read the Secretary of Interior's
Standards and views the book as a set of guidelines rather than as a book of specifications that
must be followed. He stated that he has also reviewed the site, the neighborhood, and the
"twin" on North Wallace Avenue; and he has concluded that a gambrel roof on the garage
would be appropriate.
Commissioner Frost recognized that this decision does contain some subjectivity. He
noted that Mr. McDonald's report, which Ms. Bordy referenced, does not seem to support the
proposal. He further noted that a tour of the neighborhood revealed that it is very difficult to
. see the gambrel roofs that do exist in the general area; they are not readily seen out of the
corner of one's eye when driving down the street. He then stated that he does not feel any
precedent has been established and that this application does not meet the Secretary of
Interior's Standards. He stated that, based on the record and concern about the integrity of
the neighborhood, he cannot support the requested gambrel roof.
Commissioner Youngman noted that this issue was discussed at the Commission
meeting she attended after being elected, before serving on the Commission. She has read the
Secretary of Interior's Standards and reviewed the record. She recognizes the importance of
giving substantial weight to the recommendations forwarded by the Design Review Board,
while also considering the public input received. She feels that new information has been
provided during this public hearing, which must be factored into the decision. She recognizes
. that no gambrel roofs exist in the immediate neighborhood; however, there are some in the
larger neighborhood. She noted that the gambrel roof style was used during the time when the
subject property was developed; however, it is also a contemporary roof style that is still being
used in today's construction. She stated that, after considering the documents and the public
testimony received, she has concluded that a gambrel roof would be acceptable.
05-1 5-95
---.. .--"..-
- -- ..- -....- ..
- 5 -
Mayor Vincent stated that, based on the testimony and information presented, he has
no reason to change his original affiramtive vote. He noted that an inventory of the types of
construction in his block, which is located within the neighborhood conservation overly district,
revealed several different forms and different types of siding. He noted some of the homes are
. older; some were built in the 1940's to 1960's; and one house is new. He recognized that
diversity is one of the strengths of Bozeman's older areas. He stated that the Secretary of
Interior's Standards must be applied with reasonableness, ensuring compatibility yet diversity
as well as protection of property values.
City Attorney Luwe reminded the Commission that the Design Review Board has
forwarded its recommendation for approval, sUbject to two conditions. He noted that if the
Commission wishes to allow the gambrel roof, as requested, then Condition NO.1 should be
eliminated.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the deviations, as requested by Jennifer Smith Mitchell under Application
No. Z-93158, from Sections 18.20.050 and 18.50.050.F.1, to allow existing structure to
. encroach 16 % feet into required 20-foot rear yard setback and 6 % feet into 10-foot required
rear yard setback for accessory structures on the west 110 feet of Lots 5 and 6, Block A,
Rouse's Second Addition, subject to the following condition:
1. That the applicant
obtain an approved Certificate
of
Appropriateness from the Planning Director and a building permit
from the City 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 Stueck, Commissioner Youngman and Mayor Vincent; those voting No
being Commissioner Frost.
Decision - Commission Resolution 3053 - intent to vacate West Cleveland Street and West
Harrison Street between the west right-of-way line at South 8th Avenue and the east right-ot-
. wav line at South 10th Avenue on Montana State University camDUS - reauested bv Montana
State University
This was the time and place set for decision on Commission Resolution No. 3053, as
approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3053
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
05-1 5-95
- 6 -
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION
TO VACATE AND ABANDON THOSE PORTIONS OF WEST CLEVELAND
STREET AND WEST HARRISON STREET LYING BETWEEN THE WEST
RIGHT-Of-WAY LINE Of SOUTH 8TH AVENUE AND THE EAST RIGHT-Of-
WAY LINE Of SOUTH 10TH AVENUE, LOCATED ON THE MONTANA
STATE UNIVERSITY CAMPUS.
Mayor Vincent reminded the Commission that the public hearing on this request has
. been conducted.
Responding to Commissioner Stueck, City Attorney Luwe stated that West Harrison
Street was previously vacated between South 8th Avenue and South 11 th Avenue and West
Cleveland Street was previously vacated between South 10th Avenue and South 11 th Avenue.
He noted, however, that since those streets were vacated in the early 1900's but remained
open for public use, representatives of Montana State University have chosen to go through
a new vacation procedure rather than simply closing the streets and encountering potential legal
challenges. He then reminded the Commission that its decision must be based on what is in
the best interests of the community.
Responding to Commissioner Youngman, City Manager Wysocki stated that, based
on information in the transportation plan update, even if traffic volumes on West College Street
. between South 8th Avenue and South Willson Avenue increase as a result of the requested
street closures, the service level would be a B, which is acceptable. He further indicated that
improvements to the intersection of South 11 th Avenue and West College Street are currently
scheduled for 1996. He reminded the Commission that, if it accepts the conditions
recommended by staff, closure of the subject streets would not occur until after the temporary
closures of both West Grant Street and South 11 th Avenue are completed and the streets
reopened.
Responding to Commissioner Youngman, Mr. Bob Lashaway, Director of Facilities at
MSU, stated that approximately 60 percent of the existing open space would remain after the
requested street vacations and proposed parking lots were completed. He noted that some of
. the open space would be reconfigured with the street closures.
further responding to Commissioner Youngman, Mr. Lashaway stated that the central
core mall is designated as a walk only corridor; however, that does not preclude bicycle riding
on the remainder of the campus. He stated that a task force for upgrading bicycle pathways
and parking areas will be taking steps to provide facilities near the major academic buildings
05-1 5-95
--------- ..-.-.------
- 7 -
to encourage more use of that mode of transportation. He noted that the process has begun
and will hopefully be completed within the next few years.
Responding to Commissioner Stueck, Mr. Lashaway stated that access to the new
parking lot along South 8th Avenue would be from West Harrison Street only. He noted that
. this should allow for the best vehicle circulation without creating confusion and conflicts.
Commissioner Stueck stated his support for the requested street closures, stating he
feels it is imperative that a parking lot be provided for the female students who live in the
dormitories on the northeast corner of the campus.
Commissioner Frost stated his concurrence with the need for a parking lot along
South 8th Avenue. He stated, however, that he does not believe the closure of West Cleveland
Street is necessary to providing that parking lot. He then stated he has a problem with closing
any more streets on campus without acquiring right-of-way for the southward extension of
South 11th Avenue beyond Kagy Boulevard. He feels that the University's desire to provide
a pedestrian campus is a good one and he recognizes the benefits it would create for the
campus; however, he noted that the Commission must also consider the impacts that street
. closures may have on the rest of the community. He then forwarded his position that he could
support closure of West Harrison Street, if the City could obtain right-of-way for the southward
extension of South 11th Avenue in conjunction with the street closure; however, he cannot
support closure of West Cleveland Street.
Commissioner Youngman noted the importance of ensuring the safety of the female
students who live on the north side of campus. She noted that many of her concerns have
been addressed, including the anticipated service level on West College Street and the timing
of intersection improvements along West College Street. She emphasized the importance of
addressing improvements to the intersection of West College Street and South 8th Avenue as
quickly as possible, to ensure that people do not become unnecessarily frustrated with an
undesirable situation. She then indicated that she seriously considered the option of closing
. West Harrison Street but not West Cleveland Street; however, she recognized that would result
in Cleveland becoming a through street in what was otherwise a pedestrian campus. She
stated that, given the visibility constraints and narrowness of the street, she cannot support
that idea. She noted that the University has anticipated closure of these streets for many
05-15-95
- 8 -
years, in light of previous Commission actions; and she feels that approval of the requested
street vacations at this time is appropriate.
Commissioner Stiff stated that, on balance, he supports the requested street closures.
Mayor Vincent stated his opposition to the requested street vacations. He noted that
. all of the Commissioners are concerned about the safety of the women on campus; however,
he feels that could be addressed without the closure of West Cleveland Street. He noted that
he could support the requested closure of West Harrison Street; but he is concerned about
impacts to the surrounding neighborhood with the closure of both streets. He stated it is not
fair to upgrade the MSU campus by degrading adjacent neighborhoods. He noted that if a
thorough engineering analysis of the impacts had been completed and all necessary
transportation improvements were in place prior to closure of the streets to ensure that
degradation did not occur, his position could be different. He itemized his concerns, which
include the additional traffic which will utilize West Harrison Street between South 8th Avenue
and South Willson Avenue, particularly because of all the unregulated intersections; additional
traffic on South Third Avenue between West College Street and Kagy Boulevard; additional
. traffic on West College Street between South 8th Avenue and South 11 th Avenue, which is
already a congested area; additional traffic and noise along West College Street between South
8th Avenue and South Willson Avenue; additional traffic on South 6th Avenue between West
Cleveland Street and West Babcock Street; and additional traffic on South 8th Avenue between
West Cleveland Street and West College Street. He stated those concerns are based on the
impacts which the closure of South 7th Avenue between West Cleveland Street and West
Grant Street had on not only South 6th Avenue, but South Third Avenue as well.
Responding to Commissioner Youngman, the Mayor stated he does not have any
proposed conditions which would address his concerns. He noted, however, that he wants
these potential impacts on the record so that remedial action can possibly be required.
Responding to Commissioner Frost's suggestion that a condition be added to require
. right-of-way for the southward extension of South 11 th Avenue, the City Manager cautioned
it cannot be appropriately tied to these requested street vacations.
It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that
the Commission authorize and direct staff to bring back an ordinance vacating West Cleveland
Street and West Harrison Street between the west right-of-way line of South 8th Avenue and
05-1 5-95
- 9 -
the east right-of-way line of South 10th Avenue on Montana State University campus, subject
to the following conditions:
1. That Montana State University shall maintain adequate access to
the fronts of Langford, Culbertson and Mullen Halls, and the
Johnstone Center to accommodate maneuvering and turn-around
for City of Bozeman fire apparatus and emergency vehicles.
. Installation of gates or barriers impeding such access shall be
prohibited;
2. That West Harrison and Cleveland Streets shall remain open to all
vehicular traffic until West Grant Street at South 7th Avenue,
which is currently closed for construction of the new engineering
building, and South 11th Avenue, which is to be closed for
construction of a new utilities tunnel, are permanently re-opened
to traffic;
3. That Montana State University shall provide the City of Bozeman
a detailed and approvable warrant analysis, performed by a
qualified traffic engineer, of the West College Street/South 8th
Avenue intersection.
The analysis shall be conducted while
school is in regular session, and within six months of the closure
of West Harrison and Cleveland Streets.
MSU shall complete
installation of any approved improvements within six months of
City approval of the warrant analysis and its recommendations.
At a minimum, the Bozeman Transportation Plan TSM SW13
(South 8th
Avenue and West College
Street intersection)
improvements shall be completed. Plans and specifications for the
improvements shall be submitted to and approved by the City
. Engineer prior to initiation of construction; and
4. That Montana State University shall design and construct the
partial closure of South 6th Avenue at West Cleveland Street, in
accordance with the City's approved Transportation Plan TSM
SW14, in conjunction with any closure of West Cleveland Street.
Plans and specifications for the partial closure shall be submitted
to and approved by the City Engineer.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stueck, Commissioner Youngman and Commissioner Stiff; those voting No being Commissioner
Frost and Mayor Vincent.
Preliminarv Dlat review - Golf Course Partners - Bridaer Creek Subdivision. Phase I. Lots 41 and
42 - subdivide 5.34 acres into 30 residential lots (8 sinale-family and 22 townhouse lots) -
located in a Dortion of the SE%. Section 31. T1S. RaE. MPM (west side of Story Mill Road)
(P-9520)
. This was the time and place set for review of the preliminary plat for Bridger Creek
Subdivision, Phase I, Lots 41 and 42, as requested by Golf Course Partners, under Application
No. P-9520, to subdivide 5.34 acres located in a portion of the Southeast one-quarter of
Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, into 8 single-family
05-1 5-95
.
- 10 -
and 22 townhouse lots. The subject property is located along the west side of Story Mill Road,
north of Boylan Road.
Senior Planner Dave Skelton presented the staff report. He stated that Lots 41 and
42 of Phase I, Bridger Creek Subdivision, were initially planned for commercial and light
. industrial/manufacturing uses; and they were zoned M-1, Commercial--Light Manufacturing.
He noted that, following filing of the final plat for Bridger Creek Subdivision, Phase I, the
applicant realized that the subject two lots would be more appropriately platted for residential
development. He stated that the subject lots have been rezoned, with Lot 41 being zoned R-1,
Residential--Single-family, and Lot 42 being zoned R-3, Residential--Medium-density. Under this
application, those lots are to be subdivided into 8 single-family residential lots and 22
townhouse lots, respectively, which represent extensions of the existing platted lots.
The Senior Planner stated that the impacts generated by the replatted lots will be
mitigated with the road improvements being required in conjunction with development of this
phase. He noted that staff reviewed this application in light of the five public interest criteria
set forth in the Montana Code Annotated; and the staff's comprehensive findings are contained
. in the written staff report which was previously submitted to the Commission. He noted that
the Development Review Committee, the County and appropriate State agencies have reviewed
the application as well, and concur in the staff's recommendation for approval, subject to
fifteen conditions. He noted that the City-County Planning Board conducted the public hearing
on this preliminary plat at its May 2 meeting and, following review of the five public interest
criteria and public input, also concurred in the staff's recommendation for approval.
Mr. Keith Belden, Morrison-Maierle, consulting engineer representing the applicant,
stated a willingness to respond to questions.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the preliminary plat for Bridger Creek Annexation, Phase I, Lots 41 and
42, as requested by Golf Course Partners, under Application No. P-9520, to subdivide 5.34
. acres located in a portion of the Southeast one-quarter of Section 31, Township 1 South,
Range 6 East, Montana Principal Meridian, into 8 single-family and 22 townhouse lots, subject
to the following conditions:
1. That the final subdivision plat conform to the Uniform Standards
for Subdivision Plats, comply with Section 16.10.030 of the
Bozeman Area Subdivision Regulations, contain all appropriate
05-1 5-95
- 11 -
certificates with the corrections indicated in the staff report, and
be accompanied by all appropriate documents, including a Platting
Certificate. Two mylar and two cloth back copies of the .final plat
must be submitted for final plat approval, along with a digital copy
of the final plat, on a double-sided, high-density, 3 V2 -inch floppy
disk;
2. That the title of the final plat and all references to the plat be
. revised to read: "The
Amended Plat of Lots 41 & 42, Bridger
Creek Subdivision, Phase I", for review and approval by the
Planning Office prior to final plat approval, and that the lot
numbers on the vicinity map of the final plat be reversed to reflect
the correct lot identification number;
3. That the applicant obtain written approval from the Montana
Department of Health and Environmental Sciences for water and
sewer main extensions prior to final plat approval;
4. That a Storm Water Drainagerrreatment and Maintenance Plan for
a system designed to remove solids, silt, oils, grease, and other
pollutants from the public streets and a Side Grading Plan must be
provided to and approved by the City Engineer prior to final plat
approval. The plan must demonstrate
adequate site drainage,
including existing contours, sufficient spot elevations along
drainage courses and building lots, flow directional arrows,
stormwater detention/retention basin details including basin sizing,
discharge calculations and discharge structure details, stormwater
discharge destinations and a stormwater maintenance plan. Any
storm water routed to adjacent properties will require properly
. executed easements;
5. All infrastructure improvements including 1) water and sewer main
extensions, and 2) public streets, curb and gutter, ADA ramps,
sidewalks fronting parks, open space, or other non-lot frontages
and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to final plat approval.
No building permits will
be issued prior to acceptance of
subdivision infrastructure improvements;
6. Plan and specifications for the water and sewer main extensions,
public storm sewer, and the public streets (including curb, gutter
& sidewalks) prepared by a Professional Engineer registered in the
State of Montana shall be provided to and approved by the City
Engineer prior to final plat approval.
The applicant shall also
provide professional
engineering services
for construction
inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the
public i nfrastructu re
improvements until
the plans and
specifications have
been approved and
a preconstruction
conference has been conducted;
. 7. The location of existing and proposed sewer and water mains,
sanitary sewer manholes, and sewer and water service lines, as
well as nearby fire hydrants, must be properly located and
depicted on the final plat, and reviewed and approved by the
Superintendent of Water/Sewer, City Engineer's Office, and City-
County Planning Office prior to submittal of final plat application
to the Planning Office. Connections to water and sewer mains in
Boylan Road cannot be made until mains have been finally
accepted by the City of Bozeman and must be made prior to
paving of Boylan Road;
05-15-95
-- ....--
- 12 -
8. The water main extension located in Caddie Court must be looped
on through and connected to the water main in Story Mill Road.
All water and sewer main and storm sewer mains shall be located
within an
improved and accessible public
right-of-way or
easement. Where necessary, easements for any water, sewer or
storm sewer not located within the public right-of-way shall be a
minimum of thirty (30) feet in width, with the utility located in the
. center of the easement. In no case shall the utility be less than
ten (10) feet from the edge of the easement and all existing utility
and other easements must be shown on the final plat;
9. City standard residential sidewalks shall be constructed on all
public streets frontage on Caddie Court, Putter Court and the
north side of Boylan Road prior to occupancy of any residential
dwelling constructed on the property. Sidewalks shall be installed
and properly depicted at the standard location along the street
frontages. Any deviation must be approved by the City Engineer.
Upon the third anniversary of the final plat recordation, any lot
owner who has not constructed said sidewalk shall, without
further notice, construct said sidewalk for their lot(s), regardless
of whether other improvements have been made on the lot. This
condition shall be provided on the final plat and in the covenants
for review and approval by the Planning Office prior to final plat
approval;
10. Drive approach and public street intersection sight triangles shall
be free of plantings which at mature growth will obscure vision
within the sight triangle.
A boulevard planting detail shall be
provided and must comply with the Engineering Department
. standards. No plantings shall be allowed in the typical sidewalk
location;
11. The final plat shall contain a notation which prohibits direct
access onto Story Mill Road and Boylan Road, in addition to
delineating the one (1) foot wide "No Access" strip on the final
plat;
12. Road name signs and stop signs will be required to be installed by
the applicant at the intersection of Caddie Courtand Putter Court
with Boylan Road;
13. That the applicant submit a geotechnical report to the City
Engineer with the improvement documents including an analysis
of existing and future public right-of-way soil conditions, special
grading recommendations, groundwater depth and a street section
design for all public streets;
14. Utility easements, a minimum of twenty (20) feet wide, situated
on side and rear property lines, shall be depicted on the final plat,
unless all utilitv aaencies and the Director of Public Service agree
. in writing that utilities can be installed in the twelve (12) foot
wide utility easement along the front of the residential lots and
that utility easements along the rear and side property lines are
not necessary with this subdivision for review and approval by the
Planning Office prior to final plat approval; and
15. That a ten (10) foot wide landscape easement along the east edge
of Lot 42 be depicted on the final plat, that a uniform fence be
installed along the east property line prior to the installation of
improvements, and that the developer shall supply the City of
Bozeman with an acceptable method of security equal to one
05-1 5-95
----
="
- 13 -
hundred fifty (150) percent of the cost of the remaining
improvements.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent;
those voting No, none.
.
Ordinance No. 1399 - 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 Survev No. 1224. located in the SW%. Section 32. TownshiD 1 South. Ranoe
6 East. Montana PrinciDal Meridian (The Mill)
Included in the Commissioners' packets 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,
MONT ANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "A-S"
(AGRICUL TURE--SUBURBAN) AND "R-S" (RESIDENTIAL--SUBURBAN) TO
"BP" (BUSINESS PARK) ON 13.4247 ACRES KNOWN AS TRACT "
CERTIFICATE OF SURVEY NO. 1224, LOCATED IN THE SOUTHWEST ONE-
QUARTER OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST,
MONTANA PRINCIPAL MERIDIAN.
. Senior Planner Skelton reminded the Commission that on February 22, 1994, they
approved the subject zone map amendment, contingent upon annexation. He noted that the
annexation has been completed; and the rezoning may now be undertaken. He indicated that
any proposals for development of the site will be subject to the planned unit development
process.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission provisionally 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, and that it be brought back in three weeks for final
adoption. The motion carried by the following Aye and No vote: those votir;}g Aye
being
. Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and
Mayor Vincent; those voting No, none.
05-15-95
--.-...
- 14 -
Reauest for reconsideration of Commission action re DroDosal from James Duncan and
Associates to add a sUDDlemental agreement to the County's imDact fee study for the City's
transDortation imDact fee study in the amount of $22.500
Further consideration of this agenda item was tabled at the March 6 Commission
meeting, to allow Commissioner Stueck an opportunity to discuss the matter with the City
. Attorney. That discussion has occurred; and the Commission determined it was prepared to
once again consider the issue.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
item be removed from the table. 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.
Mayor Vincent stated that, in light of additional information which has been provided,
he has decided it is appropriate to reconsider his vote on this item. He noted that in a memo
dated May 8, Planning Director Epple indicated that a three-year average of 71 new dwelling
units has been permitted in the four-month period of October through January and, at an
estimated impact fee of $1,000 per lot, that would generate $71,000 in revenues. He stated
. that, in light of that information, he feels it would be in the City's best interests to enter into
a supplemental agreement for a transportation impact fee study in the amount of $22,500.
Responding to Commissioner Stueck, City Attorney Luwe stated that litigation on the
City of Billings impact fees took over a year, mainly because of the appeal to the Montana
Supreme Court. He recognized that one of the bases for that case was self-government
powers; however, he suggested that the Court could have made the same decision for a
community with general government powers.
Commissioner Stueck stated he is still opposed to the proposal because he feels that
all impact fees should be enacted at once rather than on a piecemeal basis.
Commissioner Stiff stated the building community has clearly stated that it wants to
. see the impact fees in total rather than in pieces, so it can address the financial implications.
He noted that both the sewer and water facilities plans are nearing completion; and Mr. Duncan
has been approached about completing the impact fees for those services, in conjunction with
City staff. He noted that as of this date, no cost is known on the completion of impact fee
studies for the water and sewer services.
05-15-95
- 15 -
City Manager Wysocki stated he feels it important to complete the impact fee studies
when possible. He reminded the Commission that it is in control of the public hearings on the
proposed impact fees and the implementation of fees. He emphasized the importance
of
recognizing that the impact fees will probably be implemented in phases; and they can all be
. implemented at the same time even if the studies are completed at different times. He then
reminded the Commission of the importance of the City and the County having impact fees
which are consistent.
Commissioner Stueck stated that a delay in implementation of impact fees makes the
argument in Planning Director Epple's memo a moot point. He then asked if Mr. Duncan has
been asked to submit a proposal to tie all of the City's impact fee studies together.
Planning Director Epple responded that conversations with Mr. Duncan have revealed
that if the right kind of data is provided in the water and sewer facilities plans, and in the right
format, it could easily be loaded into his programs for developing impact fees. He suggested
that if the Commission is interested in pursuing this alternative, he could forward draft copies
of the water and sewer facilities plans to Mr. Duncan to see if the data is usable.
. Commissioner Stiff noted that the potential impact fees involve three different funds--
the City's general fund and two enterprise funds. He expressed concern about implementing
one fee ahead of the others, particularly in light of the potential that lesser impact fees may be
necessary because of the cumulative effect.
Mayor Vincent stated that he had initially thought that City staff could undertake the
impact fee study and save the taxpayers' money. He noted, however, in light of the current
staff load, he does not believe it is possible for staff to complete the work in a timely manner;
and he is willing to contract for the work to be completed.
City Manager Wysocki cautioned the Commission that impact fees must be used for
future improvements to the systems, and cannot be used to upgrade existing systems because
of failure to address the impacts as they occurred.
. Planning Director Epple stated that the steering committee for the impact fee study
has representation from the Southwest Montana Building Industry Association and the real
estate community. He then noted that if the impact fees are assessed at the latest stage
possible, which is Mr. Duncan's recommendation, the property owner, rather than the
developer, will bear the costs.
05-15-95
_____..m__n.. ___ _.__ _. __ .._ _..__. n___. _.._.__.___......_. .._...__..._._..______.____
..__...._ __n
- 16 -
Responding to questions from the Commissioners, Planning Director Epple stated he
is not sure he can obtain additional information from the consultant within the next two weeks.
He then asked that the Commission authorize staff to proceed with the paperwork necessary
to retain Duncan and Associates to complete the transportation impact fee study and explore
. the possibility of adding water and sewer impact fee studies to the contract.
Commissioner Stiff voiced his continued concerns about contracting to have the
impact fee studies completed, particularly when City staff has the expertise and software
necessary to complete the task.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission authorize staff to proceed with the paperwork necessary to retain Duncan and
Associates to complete the transportation impact fee study; and explore the possibility of
adding water and sewer impact fee studies to the contract, with a report to be submitted back
to the Commission in three weeks. 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 being Commissioner Stueck.
.
Reauest for reconsideration of Commission action re Master Plan Amendment to revise Land
Use Element of 1990 Bozeman Area Master Plan Uodate to comolv with existing zonina
desianation on oortions of the W%. Section 10. T2S. R5E. MPM (bounded bv Durston Road.
US 191. Ferauson Avenue and Cottonwood Road) (P-9513)
At the Mayor's request, Planning Director Epple reviewed the contents of his memo
dated May 10, which was included in the Commissioners' packets. He noted that the
requested Master Plan Amendment was denied at the May 1 Commission meeting; and one of
the bases for that decision was an unwillingness to "bulge" the sewer service area boundary
to include the entire parcel and provide services for urban residential development. He asked
that the Commission reconsider that action at this time, and consider the possibility of
approving that portion of the Master Plan Amendment which would allow for a Business
. Park/lndustrialland use designation on the property generally lying between US Highway 191
and West Babcock Street extended, between Ferguson Avenue and Cottonwood Road. He
noted that this can be accomplished without changing the sewer service area boundary, under
the provisions of the 1990 Bozeman Area Master Plan Update.
05-15-95
- 17 -
Commissioner Stueck stated he feels that reconsideration of the previous action
would be appropriate.
Commissioner Frost stated his concern is that the proposed change in land use
designation will result in extending strip commercial development. He noted, however, that he
. is willing to reconsider the Commission's previous action.
Commissioner Youngman stated she feels that staff's proposal is reasonable, noting
that residential zoning along the highway frontage does not make sense.
Commissioner Stiff stated he has continued problems with this proposed amendment
and does not support it.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission reconsider its previous decision on this agenda item. 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.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Master Plan Amendment, under Application No. P-9513, to revise
. the Land Use Element of the 1990 Bozeman Area Master Plan Update from "Urban Residential"
and "Suburban Residential" to "Business Park/Industrial" to comply with the existing BP
"Business Park" zoning designation on that portion of the West one-half of Section 10,
Township 2 South, Range 5 East, Montana Principal Meridian, lying between US Highway 191
and West Babcock Street extended, between Ferguson Avenue and Cottonwood Road. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Youngman, Commissioner Stueck and Mayor Vincent; those voting No being
Commissioner Stiff.
City Attorney Luwe stated that staff will bring back a resolution enacting the master
plan amendment as soon as possible.
. Aooointment to Audit Committee
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission reappoint Vern Voegele to the Audit Committee, with a two-year term to expire
on February 28, 1997. The motion carried by the following Aye and No vote: those voting
05-15-95
--..
- -..-""--.-
- 18 -
Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and Mayor Vincent; those voting No, none.
ADDointment to Band Board
. There were no applications for this board, so the Commission deferred action until
after the vacancy has been readvertised.
ADDointment to Bozeman Area Bicycle Advisory Board
There were no applications for this board, so the Commission deferred action until
after the vacancy has been readvertised.
ApDointment to Bozeman Beautification Advisory Board
It was moved by Commissioner Frost, seconded by Commissioner Stueck, that the
Commission appoint Richard M. Shanahan to replace Joanne Tackle on the Bozeman
Beautification Advisory Board, with a three-year term to begin on July 1, 1995 and expire on
. June 30, 1998. 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.
The remaining position on this board is to be readvertised.
ADDointments to Bozeman Tree Advisory Board
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission reappoint Anne Foster, Steve Gullickson and Fred Maxted to the Bozeman Tree
Advisory Board, with two-year terms to begin on July 1, 1995 and expire on June 30, 1997.
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.
ADDointments to Community DeveloDment Block Grant Economic Development Loan Review
Committee
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
05-1 5-95
---.---
- 19 -
Commission reappoint Jeff Rupp as the HRDC representative on the Community Development
Block Grant Economic Development Loan Review Committee, with a three-year term to begin
on July 1, 1995 and expire on June 30, 1998. 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.
The remaining positions on this committee are to be readvertised.
ADDointments to Desian Review Board
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission reappoint Roger Cruwys as the landscape architect on the Design Review Board,
with a two-year term to begin on July 1, 1995 and expire on June 30, 1997. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those
voting No, none.
It was moved by Commissioner Frost, seconded by Commissioner Stueck, that the
. Commission appoint Edward C. McCrone to replace Ellen Kreighbaum as a non-professional
member on the Design Review Board, with a two-year term to begin on July 1, 1995 and
expire on June 30, 1997. 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.
The remaining positions on this board are to be readvertised.
ADDointrnent to City-County Health Board
It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the
Commission appoint Susie M. Smith to replace Jeff Rupp on the City-County Health Board,
with a three-year term to begin on July 1, 1995 and expire on June 30, 1998. The motion
. carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Youngman, Commissioner Frost, Commissioner Stueck and Mayor Vincent; those
voting No, none.
05-15-95
.- ~-_., .- ---'."'-'-.
....~-'-'-
- 20-
ADDointments to Historic Preservation Advisory Commission
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission reappoint Catherine Goetz and appoint Richard M. Shanahan to replace Beth
Mentzer as professional members; and reappoint Jayne Ellyn Scott and appoint Jim Webster
. to replace Edward C. McCrone as neighborhood representatives on the Historic Preservation
Advisory Commission, with two-year terms to begin on July 1, 1995 and expire on June 3D,
1997. The motion carried by the following Aye and No vote: those voting Aye
being
Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and
Mayor Vincent; those voting No, none.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission reappoint Lee Hietala and appoint Diane Beverage to replace Jim Webster as at-
large members of the Historic Preservation Advisory Commission, with two-year terms to begin
on July 1, 1995 and expire on June 3D, 1997. 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.
. The remaining position on this commission is to be readvertised.
ADDointment to Library Board of Trustees
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission appoint Holly M. Chaffee to replace Edna Berg on the Library Board of Trustees,
with a five-year term to begin on July 1, 1995 and expire on June 30, 2000. 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.
ApDointment to Senior Center Advisorv Board
. Commissioner Stiff stated that Mr. Harvey Larson has been out of the country. He
then asked that the Commission defer appointment to the board until the Clerk of the
Commission has had an opportunity to contact Mr. Larson to see if he wishes to continue
serving; the Commission concurred.
05-15-95
- .:-=;.--:-:--.---:----~.__:O::;__
....---..-- --....... --..----
- 21 -
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Letter from TCI Cablevision of Montana, dated May 4, announcing that the
e rates for basic service and expanded basic service will increase, beginning with next month's
bill.
(2) Memo from the Planning Director Epple, dated May 12, forwarding the
County Commission's invitation for the City Commission to meet with them in a three-hour
work session on growth, either in the morning on Saturday, June 10, or in the afternoon on
Wednesday, June 21.
Following discussion, the Commissioners selected Wednesday, June 21, from 1 :30
to 4:30 p.m.
(3) Copy of a memo from the Planning Director to the Trails Committee, dated
May 8, indicating staff's willingness to work toward maintaining a trail corridor through the
CMC property located along East Main Street.
. (4) Memo from the Recreation and Parks Advisory Board, dated May 10,
regarding requests for selling/fund raisers in the park.
(5) Listing of revenues from the residential parking district, through April 12,
1995.
(6) Request for permission to conduct Walk for Life '95, along with Police
Department's affirmative response.
(7) Request for permission to conduct the Taste of Bozeman '95 on Wednesday,
August 2, along with the Police Department's affirmative response.
(8) Copy of a letter sent from the Engineering Office to businesses along East
Mendenhall Street regarding new parking restrictions.
(9) Copy of HB457, prohibiting possession or consumption of tobacco products
. by minors, effective October 1, 1995.
(10) Several late submittals regarding the closure of West Cleveland Street and
West Harrison Street, received atter the public hearing was closed.
(11 ) Copy of an article entitled Rio Rancho Wooed Industry and Got It, Plus
05-15-95
--..-..---.--..- -.
.-.. -
- 22 -
Financial Woes, as published in the April 11, 1995 edition of The Wall Street Journal, and
submitted by T.W. Weaver, 824 O'Connell Drive.
( 12) Memo from City Attorney
Luwe, dated May 15, regarding the curfew
ordinance.
. ( 13) Information from Reach,
Inc., regarding a fundraising hike to be held on
July 8.
(14) Copy of a letter from Glen
Edsall to Commissioner Stiff regarding the poor
condition of the sidewalk along Creekside Park.
( 15) Letter from Gene Badgley,
dated May 6, discontinuing use of a portion of
his property as an expansion of Lindley Park.
(16) Memo from Neighborhood Coordinator/Grantspe
rson Goehrung, dated May
15, informing the Commission of the possible need to replace one of the members of the Local
Government Study Commission.
(17) Agenda for the Development
Review Committee meeting to be held at 10:00
a.m. on Tuesday, May 16, in the Commission Room.
. ( 18) Agenda for the City-County
Planning Board meeting to be held at 7:00 p.m.
on Tuesday, May 16, in the Commission Room.
(19) Agenda for the County Commission
meeting to be held at 1 :30 p.m. on
Tuesday, May 16.
(20) The City Manager submitted
his weekly report, as follows. (1) Director of
Public Service Forbes attended the first quarterly meeting with the Department of Health and
Environmental Sciences, under an agreement with the Montana League of Cities and Towns.
(2) The U.S. Forest Service is burning in Sourdough Canyon, in an effort to enhance wildlife
habitat. (3) The composting program has been started for the summer.
(4) Budgets and
negotiations are progressing. (5) Attended an organizational meeting for the new joint dispatch
center. (6) Met with each of the three candidates for Executive Director of the Bozeman Area
. Chamber of Commerce. (7) Met with a representative from the Cupola project regarding
possible financing mechanisms, including SID's.
(21 ) Commissioner Stueck
attended a meeting of the steering committee
regarding the new tobacco law. He noted that the committee is trying to determine when the
City Commission will be asked to adopt a resolution or proclamation endorsing the legislation.
05-1 5-95
n_ ~_
- 23 -
1-
(22) Commissioner Frost submitted the following. (1) Attended the dedication
ceremonies for the Sacajawea sculpture. (2) Noted the front cover of the recent edition of
Newsweek reads "Bye Bye Suburban Dreams. The accompanying news article discusses the
costs incurred when urban sprawl is allowed. Also, the article discusses the implementation
. of an urban growth boundary, similar to the one successfully implemented 25 years ago in
Portland, Oregon. (3) Announced that he will be out of town next week, and asked that
authorization of his absence from the Commission meeting be placed on the agenda.
(23) Commissioner Youngman submitted the following. (1) Attended the Library
Board of Trustees meeting last week. (2) Stated that on Friday afternoon, she was asked to
serve as master of ceremonies for the Sacajawea dedication. She noted that both the sunrise
service, attended by roughly 50 people, and the dedication in the afternoon, attended by
roughly 150 people, were exciting. (3) Met informally with Mr. Anson Crutcher regarding the
possibility of providing affordable housing in his development of West Babcock Street.
(24) Commissioner Stiff submitted the following. (1) Attended the Cemetery
Board meeting last week. (2) Attended the open house at 511 South Grand Avenue on Friday
. evening. He noted that the house was not wheelchair accessible; however, his wife indicated
that the renovation was beautifully done.
(25) City Attorney Luwe announced that he gave oral arguments on his motion
for summary judgment in City versus Karst Stage in District Court last week. A decision should
be forthcoming within thirty days after written findings are presented. If the motion is not
granted, then the trial will be scheduled for either October or December.
(26) Clerk of the Commission Sullivan announced that she will be attending the
IIMC Conference next week.
(27) The City Manager asked the Commissioners to carefully review the list of
work session topics scheduled for next week's meeting.
Following discussion, the Commission asked that discussion on scheduling of
. upcoming sidewalk programs be delayed until the May 30 meeting, so Commissioner Frost can
participate.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
05-1 5-95
-,
- 24-
,
Proclamation - "Gallatin EmDire Lions' Week" - June 5-11. 1995
Proclamation - "Western Wear Week" - June 12-18. 1995
Authorize City Manaaer to sian - Annexation Agreement with Bin and Susan
Chang - 3.557-acre Darcel known as Tract A. COS No. 573.
located in the SW%. Section 13. T2S. R5E. MPM (1800 West
Kagy Boulevard)
. Commission Resolution No. 3059 - annexing tract of land known as Tract
A. COS No. 573. located in the SW%. Section 13. T2S. R5E.
MPM (3.557-acre Darcel located at 1800 West Kagv Boulevard)
COMMISSION RESOLUTION NO. 3059
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONT ANA. EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND
REFERRED TO AS THE KAGY ANNEXATION (FORMERLY REFERRED TO AS
THE CHANG ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY
DESCRIBED.
Authorize City Manaaer to sign - Annexation Aareement with John Marks.
President of Scenic DeveloDers. Inc.. and Karen Neibauer - 5.47-
acre Darcel known as Lot 1. Egbert Subdivision. and Lot 1. COS
No. 1840. located in the S%. E%. W%. SW%. NE%. Section 11.
T2S. R5E. MPM (alona north side of West Babcock Street and
east side of North 25th Avenue extended)
. Commission Resolution No. 3060 - annexina tracts of land known as Lot
1. Egbert Subdivision. and Lot 1. COS No. 1840. located in the
S%. E%. W%. SW%. NE%. Section 11. T2S. R5E. MPM (5.47-
acre oarcellocated along north side of West Babcock Street and
east side of North 25th Avenue extended)
COMMISSION RESOLUTION NO. 3060
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONT ANA. EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND
REFERRED TO AS THE BROOKSIDE ANNEXATION (FORMERLY REFERRED
TO AS THE MARKS ANNEXATION REQUEST) AND HEREIN MORE
PARTICULARLY DESCRIBED.
Authorize City Manaaer to sign - Annexation Aareement with Matthew G.
Merrill. Sarah Merrill Barnard. William W. and Charlene W. Locke -
1.8-acre Darcel known as Lots 4. 5. 6. 7 and 8. Lewis Subdivision
(west side of Sourdouah Road iust north of its intersection with
. Kagy Boulevard)
Commission Resolution No. 3061 - annexlna tracts of land known as Lots
4. 5.6. 7. and 8. Lewis Subdivision (1.8-acre oarcellocated alona
the west side of Sourdough Road iust north of its intersection
with Kagv Boulevard)
COMMISSION RESOLUTION NO. 3061
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONT ANA. EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
05-15-95
.----.---..- ..-
",
- 25 -
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND
REFERRED TO AS THE SOURDOUGH ROAD (FORMERL Y REFERRED TO AS
THE MERRILL ANNEXATION
REQUEST) AND HEREIN
MORE
PARTICULARL Y DESCRIBED.
Commission Resolution No. 3062 - establishina a oublic hearina to hear
public comment on the aoolication of Lattice Materials Corooration
. for tax reduction under Section 15-24.1401. et sea. Montana
Code Annotated and City of Bozeman Commission Resolution No.
2660 for June 19. 1995
COMMISSION RESOLUTION NO. 3062
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC
COMMENT ON THE
APPLICATION OF LATTICE
MATERIALS
CORPORATION FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET
SEQ, MONTANA CODE
ANNOTATED AND CITY
OF BOZEMAN
COMMISSION RESOLUTION NO. 2660.
Award bid for imorovements to West Colleae Street between South Willson
Avenue and South 8th Avenue
Authorize City Manaaer to sign - Professional Services Agreement for
enaineerina services for widening of Griffin Drive from North 7th
Avenue to Bridger Drive - Morrison-Maierle. Inc.
Authorize City Manaaer to sian - Lease Aareement with Humane Society for
2125 North Rouse Avenue - May 1. 1995 to Aoril 30. 1996
. Authorize City Manager to sign - Professional Services Agreement for
imorovements to Valley Unit Park - Fischer and Associates
Authorize City Manager to sian - Architectural Services Aareement with
Taylor Architects - 24-unit low-income housina proiect for Human
Resource Develooment Council at North 24th Avenue and West
Babcock Street
Authorize Mayor to sian - Aareement between City of Bozeman and State
of Montana Deoartment of Commerce - CDBG Block Grant
Contract No. MT CDBG 94HR-01 (HRDC low-income housing
oroiect)
Authorize Mayor to sian - Agreement between City of Bozeman and Human
Resource Develooment Council of District IX - administration of
CDBG grant
Confirm City Manager's aooointment to Police Commission. with a three-
year term to exoire on Aoril 30, 1998
. Ratify Bozeman Local Government Study Commission's budaet for Fiscal
Year 1994-1995
Authorize exoenditure of $4.649.97 as oartial reimbursement for costs
billed by the State of Montana Deoartment of Health and
Environmental Sciences for the Bozeman Solvent Site for the
oeriod January 1. 1995 through March 31. 1995
AcceDtance of donated oublic art from anonymous donor. to be located on
yet-to-be-announced site
05-1 5-95
- 26 -
Authorize City Manager to sign - Professional Services Agreement with
Thomas. Dean and Hoskins. Inc. - monitoring flows in South
Bozeman Avenue sanitary sewer main
Building InsDection Division reDort for April 1995
Claims
. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, 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 Stiff, Commissioner Stueck, Commissioner Frost,
Commissioner Youngman and Mayor Vincent; those voting No, none.
Recess - 5:35 D.m.
Mayor Vincent declared a recess at 5:35 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
Public hearina - Commission Resolution No. 3051 - intent to annex 6.15 acres known as a
Dortion of Tract 1. and all of Tracts 2. 3. 4. Fowler Subdivision. located in the SE%. NW%.
Section 11. T2S. R5E. MPM (2701 West Babcock Street) (A-9502)
This was the time and place set for the public hearing on Commission Resolution No.
3051, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO.
3051
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y
DESCRIBED, TO EXTEND THE
. BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Vincent opened the public hearing.
Associate Planner Patrick Morris presented the staff report, noting that the written
staff report had been previously submitted to the Commission. He noted that the subject 6.15-
acre parcel is located along the north side of West Babcock Street, in what is currently an
05-15-95
-- --- ----------
. __....._..__n ..._._._..__.__
..---- .-----
- 27 -
island of County Zoning District No.1. He noted that, while the subject annexation will not
smooth the boundaries by itself, it will decrease the amount of County Zoning District No.1
property in the core area between West Babcock Street and Durston Road.
Associate Planner Morris stated that staff has reviewed this application in light of the
. eight goals and twelve policies set forth in Commission Resolution No. 2716; and the staff's
comprehensive findings are contained in the written staff report. He summarized those findings
by indicating that the application is in general compliance with most of the goals and pOlicies
and does not significantly conflict with any of the goals or policies.
The Associate Planner forwarded staff's recommendation for approval, contingent
upon the following issues being addressed prior to annexation:
1. The property owner shall provide usable water rights, or cash-in-
lieu thereof, in an amount determined by the Director of Public
Service at the time the Annexation Agreement is signed;
2. The property owners shall provide an executed waiver of right to
protest the creation of SID's for the following improvements:
a. Street improvements to West
Babcock Street
and West Mendenhall Street,
including paving,
curb/gutter, sidewalk, and
storm drainage.
. b. Signalization improvements
at the intersection
of West Babcock Street and
West Main Street.
The waivers shall specify that in the event SID's are not utilized
for the completion of these projects the property owner shall
agree to participate in an alternative financing method for
completion of said improvements on a fair share, proportionate
basis as determined by square footage of the property, linear front
footage of the property, taxable valuation of the property, or
combination thereof. The
waivers shall be submitted with the
...
Annexation Agreement;
.
3. The applicant shall grant to the City of Bozeman, a municipal
corporation of the State of Montana, a perpetual street and utility
easement for the use of the public, in, through, under and across
a strip of land situated in Gallatin County, Montana, forty-five (45)
feet wide on the south side of the subject properties, as well as
a sixty (60) foot wide road and utility easement for West
Mendenhall Street, in a location to be agreed upon by the City
. Engineer, across the property, with the east edge of the easement
lining up with the existing easement on the property adjoining to
the east. These easements shall be in written form, accompanied
by a display map, and shall be prepared by the applicant; and
4. The applicant shall provide a mylar map, suitable for filing, of the
annexed area which is acceptable to the Director of Public
Service.
05-15-95
----
- 28 -
Mr. Dennis Balian, applicant, stated that he has no problem with the recommended
conditions of approval. He noted that, with annexation of this subject parcel, the City will
.
obtain some of the much-needed right-of-way for improvements to West Babcock Street; and
additional right-of-way for the westward extension of West Mendenhall Street will also be
. gained.
No one was present to speak in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission authorize and direct staff to bring back a resolution of annexation upon execution
of the Annexation Agreement and satisfaction of Condition Nos. 1 through 4, as listed above.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent;
those voting No, none.
. Public hearina - Zone MaD Amendment - establish an initial zoning classification of R-3
fResidential-Medium-densitv) on 6.15 acres known as a Dortion of Tract 1. and all of Tracts 2.
3.4. Fowler Subdivision. located in the SE%. NW%. Section 11. T2S. R5E. MPM (2701 West
Babcock Street) (Z-9520)
This was the time and place set for the public hearing on the Zone Map Amendment,
as requested by Dennis and Joni Balian under Application No. Z-9520, to establish an initial
zoning classification of R-3, Residential--Medium-density, on 6.15 acres known as a portion of
Tract 1, and of Tracts 2, 3, and 4, Fowler Subdivision, located in the Southeast one-quarter,
Northwest one-quarter, Section 11, Township 2 South, Range 5 East, Montana Principal
Meridian. The subject site is more commonly located at 2701 West Babcock Street.
Mayor Vincent opened the public hearing.
Associate Planner Patrick Morris presented the staff report. He stated that this
. application provides for establishment of an urban zoning designation on the 6. 15-acre parcel
which was the subject of the previous public hearing. He reminded the Commission that the
subject parcel is located along the north side of West Babcock Street. The surrounding
properties are zoned a mixture of R-R, Rural Residential, under County Zoning District No.1,
and R-3, Residential--Medium-density.
05-15-95
..-...--.-.--
- 29 -
The Associate Planner stated that the City-County Planning Board conducted its public
hearing on this application at its meeting of April 18. At that time, the Board reviewed the
application in light of the twelve criteria set forth in the Montana Code Annotated as well as
the staff findings which are contained in the written staff report. Following that review and
. the public hearing, the Board concurred in the staff's recommendation for approval.
Mr. Dennis Balian, applicant, stated a willingness to respond to questions.
Mr. Phil Mazuranich, 24 North Western Drive, stated his opposition to the requested
R-3, Residential--Medium-density, zoning designation, stating it allows for too high a density
in this area. He read excerpts from the ordinance and developmental plan for County Zoning
District No.1, as adopted on February 9, 1995. He stated that the purpose of this district is
to prevent overcrowding and to promote orderly residential development. He noted that
residents of County Zoning District No. 1 are not interested in seeing any more development
like that along Hunter's Way; and this plan is intended to ensure that does not occur. He
stated that most of the development in County Zoning District NO.1 is single-family residences;
and under the development plan, one of the objectives is to encourage building design and
. platting that is sensitive to and compatible with existing development.
Mr. Mazuranich noted that the Human Resource Development Council affordable
housing project includes six four-plexes; however, it was approved prior to adoption ofthe new
ordinance and attendant developmental plan. He noted that the proposal forwarded by Mr.
Marks was also approved prior to the adoption of the ordinance; and this is the first proposal
to be considered after its adoption.
Mr. Mazuranich stated that, prior to adoption of the new ordinance and developmental
guidelines, residents of County Zoning District No.1 were surveyed. He shared some of the
results from that survey with the Commission, noting that 57 percent of the residents had lived
in the district for ten years or more; 87 percent resided in single-family dwellings; 90 percent
owned their homes; 70 percent opposed or strongly opposed multi-family residential units; and
. only 10 percent approved of multi-family residential development within the zoning district.
He encouraged the Commission to carefully consider this input when acting on this requested
zoning.
Associate Planner Patrick Morris stated that staff carefully analyzed the different
types of development that could occur under both the existing R-R and the requested R-3
05-15-95
----.---
._ n_
--...- ------
- 30-
zoning designations. He noted that under a conditional use permit in the R-R zoning
designation, up to twelve dwelling units per acre may be constructed; and under the R-3 zoning
designation, up to twelve dwelling units per acre may be constructed. He emphasized the main
difference is that under the R-R zoning, a conditional use permit is required, while under the R-3
. zoning, only in-house review is required. He then stated that after this analysis, staff was
comfortable with the requested zoning; and the Planning Board was comfortable with the
zoning as well.
Responding to City Manager Wysocki, Associate Planner Morris stated that
development under County Zoning District No.1 could either be served by individual wells and
septic systems or through a community water and sewer system.
Commissioner Stueck noted that with annexation of the subject property, the mobile
home park immediately to the west will be wholly surrounded by city limits.
Associate Planner Morris noted that is correct. He noted that one of staff's original
concerns was the compatibility of R-3-density development adjacent to the existing mobile
home park. He stated that the property is currently on the market; and it is anticipated that,
. with sale of the property, development will ultimately occur.
Mr. Dennis Balian stated that he feels development of R-3 zoned property can occur
without overcrowding a site. He noted that this issues can be adequately addressed during
subdivision or planned unit development review, to ensure that does not occur. He then stated
that, under the R-3 zoning, it is his hope to construct some more affordable multi-family units,
possibly in the range of $80,000 to $100,000. He then encouraged Commission support of
this requested zoning.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
Mayor Vincent stated he is sensitive to the concerns raised; however, he is not
convinced there is any real substantial difference between the existing R-R zoning and the
. requested R-3 zoning. He encouraged the Commission to be sensitive to impacts on the area,
particularly the infrastructure, when considering any development proposal for the subject
property.
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.
05-15-95
--- -
".. ... ., __.__ ..._."'..u_..__
- 31 -
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Zone Map Amendment, as requested by Dennis and Joni Balian
under Application No. Z-9520, to establish an initial zoning classification of R-3, Residential--
Medium-density, on 6.15 acres known as a portion of Tract 1, and of Tracts 2, 3, and 4,
. Fowler Subdivision, located in the Southeast one-quarter, Northwest one-quarter, Section 11,
Township 2 South, Range 5 East, Montana Principal Meridian; and authorize and direct staff
to bring back an ordinance implementing the initial zoning classification upon annexation. 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 - Commission Resolution No. 3052 - intent to annex 3.30 acres known as Tract
C-2. COS 1623. and Tract D. Film 5. Paae 1113. located in the SE%. Section 31. T1N. R6E.
MPM (north side of Bridger Drive. between Bridger Center Drive and Story Mill Road) (A-9501)
This was the time and place set for the public hearing on Commission Resolution No.
3052, as approved the City Attorney, entitled:
. COMMISSION RESOLUTION NO. 3052
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED,
TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Vincent opened the public hearing.
Assistant Planner Lanette Windemaker presented the staff report, noting that the
written staff report had been previously submitted to the Commission. She stated that the
requested annexation involves two parcels of land located along the north side of Bridger Drive,
approximately midway between Bridger Center Drive and Story Mill Road. The western portion
of the site contains Bozeman Horse World; and the eastern portion is currently vacant.
. Annexation of these two parcels is being sought, to provide a secondary access to the Bridger
Creek Subdivision, via extension of Birdie Drive.
The Assistant Planner stated that staff has reviewed this application in light of the
eight goals and twelve policies set forth in Commission Resolution No. 2716; and the staff's
findings are contained in the written staff report. She noted that the subject property is
05-15-95
- 32 -
bounded by city limits on three sides; and annexation will help to eliminate a gap which
currently exists. She stated that, since the master plan designates this area for business park/
industrial development and since the property is currently zoned M-1, no changes in those
designations will be required following annexation.
. Based on the findings contained in the staff report, the Assistant Planner forwarded
staff's recommendation for approval, contingent upon the following issues being addressed
prior to annexation:
1. Applicants shall provide an executed waiver of right to protest the
creation of SID's for the following improvements:
a. Street improvements to Bridger
Drive/North
Rouse Avenue, including paving,
curb/gutter,
sidewalk, and storm drainage
appurtenances.
The waivers shall specify that in the event SID's are not utilized
for the completion of these projects the property owner shall
agree to participate in an alternative financing method for
completion of said improvements on a fair share, proportionate
basis as determined by square footage of the property, linear front
footage of the property, taxable valuation of the property, or
combination thereof. The
waivers shall be submitted with the
Annexation Agreement;
. 2. Water rights or cash-in-lieu in an amount determined by the
Director of Public Service shall be provided at the time the
Annexation Agreement is signed; and
3. Applicants shall provide a mylar record annexation map which
meets the requirements of the Director of Public Service, if
required by the Director.
No one was present to speak in support of or in opposition to the requested
annexation.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission authorize and direct staff to bring back a resolution of annexation upon execution
of the Annexation Agreement and satisfaction of Condition Nos. 1 through 3, as listed above.
. 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.
05-15-95
---. -. - -----------. -
--.--.---..------.-.
.-...-.-- n.____. ___."...__.
- 33 -
Public hearing - Zone MaD Amendment - PLI and B-1 and R-O - Joseph Sabol for Michael
Delanev. Ileana Indreland and Oxford Trust - Dortion of Tract 2. COS 1846. and Dortions of
Tracts A and B. COS 1872 (south of West Babcock Street and west of FerQuson Road)
(Z-9528)
This was the time and place set for the public hearing on the Zone Map Amendment,
as requested by Joseph Sabol for Michael Delaney, Ileana Indreland and Oxford Trust under
. Application No. Z-9528, to change the zoning from PU, Public Lands and Institutions, and B-1,
Neighborhood Service, to R-O, Residential--Office, on a portion of Tract 2, Certificate of Survey
1846, and portions of Tracts A and B, Certificate of Survey No. 1872. The subject site is more
commonly located south of West Babcock Street and west of Ferguson Road.
Mayor Vincent opened the public hearing.
Associate Planner Patrick Morris presented the staff report. He stated the subject 25
acres are located along the south side of West Babcock Street extended, west of Ferguson
Avenue and east of Cottonwood Road. He highlighted the written staff report, which was
previously distributed to the Commission. He noted that in that report, staff forwarded its
responses for each of the twelve criteria set forth in the Montana Code Annotated for review
of zone map amendments. In conclusion, the staff has recommended approval of the request.
. The Associate Planner stated that at its regular meeting on May 2, the City-County
Planning Board held its public hearing on this application. After carefully reviewing the staff
report, considering the twelve criteria, and acceptance of public testimony, the Planning Board
concurred in the staff's recommendation for approval. The Planning Board also recognized that
the proposed zoning is in compliance with the master plan for the area.
Mr. Joseph Sabol, attorney representing the applicants, noted that there was
extensive discussion about this application at the City-County Planning Board meeting. He
characterized the Associate Planner's presentation as complete and accurate, and encouraged
Commission approval of the application. He also indicated a willingness to respond to
questions.
. 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.
05-15-95
- 34-
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the Zone Map Amendment, as requested by Joseph Sabol for Michael
Delaney, Ileana Indreland and Oxford Trust under Application No. Z-9528, to change the zoning
from PU, Public Lands and Institutions, and B-1, Neighborhood Service, to R-O, Residential--
. Office, on a portion of Tract 2, Certificate of Survey 1846, and portions of Tracts A and B,
Certificate of Survey No. 1872; and authorize and direct staff to bring back an ordinance
enacting the zone change. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor
Vincent; those voting No being Commissioner Stiff.
Public hearino - Zone Code Amendment ~ JoseDh Sabol for Ileana Indreland - amend Section
18.26.020.B to add oolf courses. oolf driving ranges. and health and exercise establishment
to list of conditional uses in R-Q District: amend Section 18.38.020.b to add oolf courses and
golf drivino ranoes to list of conditional uses in B-P district (Z-9527)
This was the time and place set for the public hearing on the Zone Code Amendments
as requested by Joseph Sabol for Ileana Indreland under Application No. Z-9527, to amend
Section 18.26.020.B of the zone code to add golf courses, golf driving ranges, and health and
. exercise establishments to the list of conditional uses in R-O, Residential--Office District, and
to amend Section 18.38.020.B. of the zone code to add golf courses and golf driving ranges
to the list of conditional uses in B-P, Business Park District.
Mayor Vincent opened the public hearing.
Associate Planner Patrick Morris presented the staff report. He noted that in the
written staff report, which was previously distributed to the Commission, he provided written
staff responses for each of the twelve criteria set forth in the Montana Code Annotated.
The Associate Planner stated that at its regular meeting on May 2, the City-County
Planning Board held its public hearing on this application. After carefully reviewing the staff
report, considering the criteria, and accepting public testimony, the Planning Board concurred
. in the staff's recommendation for approval.
Mr. Joe Sabol, attorney representing the applicant, stated that at the Planning Board
meeting, he noted that this proposed amendment was included in the first round of proposed
amendments to the newly-adopted zone code which were considered three years ago. He
stated that, while it seemed to have gained support, it was never included in the
05-15-95
.-.- .--..-.--...--
- 35 -
comprehensive revisions that were made to the code. He noted that at the Planning Board
meeting, there was in-depth discussion about the compatibility of these proposed uses with the
other uses currently allowed in the subject zoning districts; and it was determined that these
uses would, indeed, be compatible. He then indicated a willingness to respond to questions.
. Responding to questions from Mayor Vincent, Mr. Sabol stated that the zone code
contains the definition of "golf course", noting it can range from an executive par 3 course to
a large course.
City Manager Wysocki reminded the Commission that under the proposed zone code
amendment, golf courses, driving ranges, and health and exercise establishments could be
located in any R-O or B-P zoned area of the community.
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 Zone Code Amendments as requested by Joseph Sabol for Ileana
Indreland under Application No. Z-9527, to amend Section 18.26.020.B of the zone code to
add golf courses, golf driving ranges, and health and exercise establishments to the list of
conditional uses in R-Q, Residential--Office District, and to amend Section 18.38.020.B. ofthe
zone code to add golf courses and golf driving ranges to the list of conditional uses in B-P,
Business Park District; and authorize and direct staff to bring back an ordinance implementing
the amendment. 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 - Deviations from Section 18.16.050 to allow new aarage to encroach 1 0 feet
. 6 inches into reauired 25-foot front yard setback and 1 0 feet 6 inches into reauired 1 a-foot rear
yard setback on Lots 11 and 12. Block 7. Butte Addition - Ken Ryder for Joe and Becky
Mahurin. 5 West Cleveland Street (Z-9546)
This was the time and place set for the public hearing on a Certificate of
Appropriateness, with deviations, as requested by Ken Ryder for Joe and Becky Mahurin, under
Application No. Z-9546, from Section 18.16.050 of the Bozeman Municipal Code to (1) allow
05-1 5-95
... .------..-- - .- .----------.------
- 36 -
a new garage on Lots 11 and 12, Block 7, Butte Addition, to encroach 10 feet 6 inches into
required 25-foot yard setback and 10 feet 6 inches into required 20-foot rear yard setback and
(2) allow the existing two-story playhouse at the northwest corner of the property to encroach
into the 8-foot side yard setback. The subject site is more commonly located at 5 West
. Cleveland Street.
Mayor Vincent opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report, on behalf of
Senior Planner Dave Skelton. She stated that under this application, an existing attached, one-
story, one-car garage is to be replaced by a two-story, two-ear-size garage with loft. The
subject property is located at the northwest corner of South Tracy Avenue and West Cleveland
Street. She indicated that the addition is to follow the same line as the existing house, which
encroaches into the required front yard setback from West Cleveland Street.
The Assistant Planning Director stated that the Design Review Board considered this
application at the April 25 meeting and, following review, forwarded a recommendation for
approval subject to three conditions. She stated that if the Commission approves the
. deviations to allow the playhouse to remain in its current location, the first condition may be
eliminated.
The Assistant Planning Director stated that the staff has received four letters in
support of the application; and those letters have been forwarded to the Commissioners along
with the staff report.
Mr. Ken Ryder, contractor representing the applicants, stated that if the requested
deviations are not granted, he will be unable to construct the two-story garage addition as
proposed. He characterized the proposed addition as a natural extension of the existing house,
noting that he believes it will enhance the property. He then stated that the two-story
playhouse at the northwest corner of the property was built five or six years ago, since it was
constructed on a concrete pad, and built on pressure treated timbers, it would be difficult, and
. quite costly, to move. He noted that the mature vegetation along that corner of the lot
provides reasonable screening of the playhouse; and no complaints have been received from
the adjacent property owners.
Mr. Gary Christie, neighborto the subject property, encouraged Commission approval,
05-15-95
-----.-------
~ -
- 37 -
stating he feels that improvements to the neighborhood should be allowed rather than letting
the area deteriorate.
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 Youngman, seconded by Commissioner Stiff, that the
Commission approve the Certificate of Appropriateness, with deviations, as requested by Ken
Ryder for Joe and Becky Mahurin, under Application No. Z-9546, from Section 18.16.050 of
the Bozeman Municipal Code to (1) allow a new garage on Lots 11 and 12, Block 7, Butte
Addition, to encroach 10 feet 6 inches into required 25-foot yard setback and 10 feet 6 inches
into required 20-foot rear yard setback and (2) allow the existing two-story playhouse at the
northwest corner of the property to encroach into the 8-foot side yard setback, sUbject to the
following conditions:
. 1. That the site plan be revised to indicate the location of the
existing playhouse structure and the general location of all existing
mature vegetation (i.e., trees, hedges, bushes, etc.) for review by
the Planning Office
prior to issuance of a Certificate
of
Appropriateness and building permit to proceed with the project;
and
2. 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
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
those voting No, none.
Public hearing - Variances from Section 18.20.050. Bozeman Municipal Code - to allow
. Donions of three multi-family structures to encroach 3 feet 1 inch into reauired 25-loot front
yard setbacks and portions of three multi-family structures to encroach from 4 feet to 6 feet
into 20-foot rear yard setback - Human Resource Develooment Council (C-9504)
This was the time and place set for the public hearing on the variances from Section
18.20.050 of the Bozeman Municipal Code, as requested by the Human Resource Development
Council, under Application No. C-9504, on Lot 1, Block 1 and Lot 1, Block 2, West Babcock
Subdivision, as follows:
05-15-95
- 3S -
1. To allow Building 4 on Lot
1, Block 1, to encroach 3 feet 1 inch
into the required 25-foot
front yard setback;
2. To allow Building 4 on Lot
1, Block 1, to encroach 4 feet 0 inches
into the required 20-foot
rear yard setback;
3. To allow Building 5 on Lot
1, Block 1, to encroach 3 feet 1 inch
. into required 25-foot front
yard setback (for approximately one-
third the width of the building);
4. To allow Building 6 on Lot
1, Block 1, to encroach 3 feet 1 inch
into required 25-foot front
yard setback (for approximately one-
third the width of the building);
5. To allow Building 1 on Lot
1, Block 2, to encroach 4 feet 2 inches
into the required 20-foot
rear yard setback; and
6. To allow Building 3 on Lot
1, Block 2, to encroach 6 feet 6 Y:z
inches into the required 20-foot
rear yard setback.
The subject site is more commonly located at the intersection of North 24th Street and West
Babcock Street.
Mayor Vincent opened the public hearing.
Due to his
employment with the Human
Resource Development Council,
Commissioner Frost excused himself from participating in, or voting on, this agenda item.
. Assistant Planning Director Debbie Arkell presented the staff report. She reminded
the Commission that this subdivision was created for the purpose of meeting the demands for
affordable housing in the community. The subdivision includes 26 single-family residential lots
and two multi-family lots to accommodate 24 multi-family housing units.
The Assistant Planning Director stated that the multi-family lots were created with
the intent of constructing townhouse-type units with attached garages.
Due to costs, the
multi-family housing segment of the subdivision has been reconfigured, to more of an
apartment-type unit with off-street parking lots and no garages. She reviewed the individual
variances being sought, as listed above. She noted that there is
an SO-foot-wide strip of
parkland behind Block 2, which helps to soften the impacts of the requested variances into the
. rear yard. She further noted that the only encroachment into the rear yard of Block 1, which
is adjacent to Mrs. Lessley's property, is for a 4-foot by 1S-foot storage unit.
Assistant Planning Director Arkell stated that during review of the requested
variances, staff found that the parking requirements are not met. She noted that 27 parking
spaces plus 1 disabled parking space are required for 12 units; however, only a total of 54
parking spaces are provided. She stated that an additional five parking spaces are required to
05-15-95
--~-_.- ..- .-.-.
- 39 -
meet code; but no variance has been sought to remedy the parking shortage. She noted that,
through landscaping-in-lieu, three parking spaces could be eliminated; and the parking lots could
be reconfigured to provide the other two needed parking spaces. She stated that this failure
to seek a variance for the parking requirements could be based on the applicant's assuming that
. 2 parking spaces per unit (which is the requirement for apartment buildings) is adequate for this
project. She stated, however, that the Planning Director has determined that since each
building is a tri-plex or a four-plex and since the definition of an apartment building is five
dwelling units or more, 2.25 parking spaces per unit are required. She also noted that the
disabled parking spaces provided in the east parking lot encroach into the front yard setback,
triggering need for yet another variance request.
Assistant Planning Director Debbie Arkell stated that staff has reviewed this
application in light of the three criteria established by the Montana Supreme Court and set forth
in Section 18.56.060 of the Bozeman Municipal Code. She stated that the requested variances
will remove open space from front and rear yards, but should not increase risks associated with
emergency access. She then stated that staff is unable to identify any unnecessary hardship
. owing to conditions unique to the property. She noted that the lots are only 90 to 100 feet
deep; and, during preliminary plat review and road construction, staff asked the project
engineer several times whether that depth was adequate. She also noted that staff
recommended that the roadway be moved to the west and that the strip of parkland be
narrowed, since the parkland dedication was greater than required, to ensure adequate depth
in the building lots; however, the project engineer chose not to do so. She suggested that,
through rearrangement of the footprints for the buildings, the requested variances could be
eliminated. She recognized that supplying of guaranteed affordable housing is commendable;
however, she cautioned that does not serve as a basis for relaxation of the zoning regulations.
She then forwarded staff's conclusion that the requested variances do not meet the three
. criteria set forth by the Montana Supreme Court and, therefore, they are recommending denial.
The Assistant Planning Director reminded the Commission that four affirmative votes
are required to approve the requested variances.
Responding to questions from Commissioner Stiff, Assistant Planning Director Arkell
stated that under these variances, Building 4 on Lot 1, Block 1, would be 16 feet from Mrs.
Lessley's property line. She noted, however, that under the zone code, if that storage unit
05-15-95
---.---
...----..--...--.- --" ..---.
- 40-
were detached, since it is under 120 square feet in size, it could be located within one foot of
the property line.
Break - 8:05 to 8:20 D.m.
. Mayor Vincent declared a break from 8:05 p.m. to 8:20 p.m., to allow the applicant
and the applicant's representative an opportunity to arrive at the meeting.
Public hearina (continued) - Variances from Section 18.20.050. Bozeman MuniciDal Code - to
allow Dortions of three multi-family structures to encroach 3 feet 1 inch into reauired 25-foot
front yard setbacks and Dortions of three multi-family structures to encroach from 4 feet to 6
feet into 20-foot rear yard setback - Human Resource DeveloDment Council (C-9504)
Mr. Dan Kamp, architect representing the applicant, stated his interest in providing
some design in this project, rather than strictly utilitarian structures. He stated that storage
units have been provided on each of the buildings, except for one that has storage units
attached to the adjacent building.
Mr. Kamp stated he feels it is appropriate to use the parking requirement of 2 parking
spaces per unit when considering this development. He noted that the parking requirements
. for apartment buildings are lower than for tri-plexes and four-plexes because of the recognition
that if a parking space is not used for one unit, it is available for another unit's use. He noted
that if each of the tri-plex or four-plex buildings were freestanding, the opportunity to use other
parking spaces would not exist to the degree that it does when 24 units are involved.
Mr. Kamp characterized the requested variances as minimal. He recognized that it
would be possible to construct the units without seeking variances; however, he cautioned the
result would be much less attractive. He further noted that with the proposed configuration,
the tot lots are visible from all but one building, thus ensuring greater safety of young children.
He then encouraged Commission approval of the requested variances.
Responding to Commissioner Stueck, Mr. Kamp stated that reconfiguration of the
. units would make them less efficient.
Responding to Commissioner Youngman, Mr. Kamp stated he has tried five or six
different site plans; and he feels the one before the Commission provides for the best design
with the least amount of impact on the surrounding properties.
05-1 5-95
- - - ------
-..--..:--. ,,--
- 41 -
Commissioner Stueck asked Mr. Kamp if he could justify the requested variances
based on the size and shape of the lots.
Mr. Kamp responded by providing a history of the development. He noted that the
subdivision was originally configured for townhouse lots. He acknowledged that staff asked
. whether the size of those lots was adequate to accommodate multi-family structures, and that
staff suggested the roadway be moved to the west. He stated, however, that since
maintaining a substantial curve in the street was of significant interest to the applicant, they
chose not to relocate the street and enlarge the lots. .
Mr. Jeff Rupp, Executive Director of the Human Resource Development Council,
emphasized his interest in creating the best development possible; and he feels the requested
variances will allow that to occur. He further stated his interest in ensuring that this is a good
neighborhood; and he feels that one of the ways to accomplish that is to provide an attractive
layout and buildings, with adequate outside storage units.
Mr. Phil Mazuranich, 24 North Western Drive, expressed concern that the design
before the Commission provides less open space than the original plans, which showed six
. four-plexes. He then suggested that through simpler designed units, the desired units could
be provided without seeking any encroachments into required setbacks.
Mr. Dan Kamp stated that under this proposed plan, there is actually more landscaping
and green space along the street frontages than there would have been with the original
townhouse style development. He further noted that, rather than 24 driveways providing
access onto North 24th Avenue, there will be four driveways from the parking lots onto the
street.
Responding to Commissioner Youngman, the Assistant Planning Director stated that
if the Commission agrees with the Planning Director's interpretation of parking requirements,
then the applicant must address the need for five additional parking spaces. She stated that
. if the applicant does not agree with the Planning Director's interpretation, the interpretation can
be appealed to the Board of Adjustment.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
Commissioner Stiff stated his concern about the requested variances. He noted that,
while he recognizes staff's position, he does not support it.
05-15-95
.-- ..--.-.--.--- .------------.----- . ----.....------
- 42 -
Commissioner Youngman stated that, on the whole, she feels that granting of the
variances is appropriate. She recognized that detachment of the storage units could result in
greater negative impacts than approving the variance for the storage unit adjacent to Mrs.
Lessley's property. She further noted that the hardships of low-income people in the
. community should be taken into consideration.
Commissioner Stueck forwarded
his willingness to accept
the requested
encroachments into the front yard and rear yard setbacks. He recognized the importance of
concessions for affordable housing, stating he feels that this development will be a benefit to
the community.
Mayor Vincent stated he also supports the requested variances.
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 variances from Section 18.20.050 of the Bozeman Municipal Code, as
requested by the Human Resource Development Council, under Application No. C-9504, on Lot
. 1, Block 1 and Lot 1, Block 2, West Babcock Subdivision, as listed above. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. Commissioner
Frost abstained.
Adjournment - 8:55 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
. Mayor Vincent; those voting No, none.
05-1 5-95
_..._n_ ... _________
u_ .
..-.---
= -
- 43-
ATTEST:
.~d~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
05-1 5-95
.-.-.-....- . . __.u___. ___._._