HomeMy WebLinkAbout1994-10-03 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 3, 1994
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e The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, October 3, 1994, 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 - Auaust 1. August 8. August 15 and Auaust 22. 1994
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the regular meetings of August 1, August 8, August 15 and August 22, 1994, be
. approved as submitted. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner
Frost and Mayor Vincent; those voting No, none.
Decision - appeal of Planning Board decision to deny application to allow construction of six
dUDlexes on lot 2. GUY'S Second Addition ( 125 East Alderson Street) based on desian - Clair
Daines (Z-93177)
This was the time and place set for the decision on the appeal submitted by Clair Daines,
under Application No. Z-93177, of the City-County Board's decision to deny construction of
six duplexes on Lot 2, Guy's Second Addition, based on design. The subject parcel is more
commonly known as 125 East Alderson Street.
Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton,
. dated October 3, forwarding a list of recommended conditions for approval, as prepared by the
Planning Staff in response to comments forwarded by the Development Review Committee,
Design Review Board and City Commission.
Mayor Vincent reminded the Commission that the public hearing on this appeal was held
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at the April 18 Commission meeting and, therefore, discussion is limited
to the Commission and
staff.
Senior Planner Skelton stated that a number of the 24 recommended conditions
were
included in the conditions originally forwarded by the Planning Staff
in its staff report to the
e Planning Board. He indicated that some of those conditions have been revised in response to
direction from the Design Review Board and the City Commission. He then
highlighted changes
or clarifications which some of the Commissioners have requested be made
to the conditions
contained in the staff report, as follows.
1. Change
"typical boulevard trees" to "typical street trees". The Planner
stated
that since the street is a private street rather than a public street,
this
language is more appropriate; and it does not reflect any change in
where
the trees are to be located.
7. Clarify
that the five-foot-wide sidewalk is to be a curb sidewalk without the
typical
boulevard between the curb and the sidewalk.
8. The
Senior Planner suggested that, instead of referencing a particular type
of materials,
the Commission may wish to simply insert "be constructed
with
a change in materials, to delineate..." He noted that this would apply
to the
pedestrian crossings of the trail system; and the Commissioners may
wish
to include a change of materials for the sidewalk as well. He
characterized
this as a discussion issue.
I 9. The
Senior Planner stated that under this condition, assurance is provided
that Mr. Bryson will continue to have access to
his water rights in Mathew
Bird Creek.
15. The
Senior Planner stated that a 404 Permit is required for the wetlands
which
have been identified along the southern edge of the subject property.
He noted
that the boundaries of the wetlands area must be identified in
conjunction
with this permit.
18. The
five-foot-wide sidewalk along the east boundary of the property is
proposed
to be a meandering sidewalk located within a 10-foot-wide
easement.
Since an easement is to be filed for that pedestrian way, a
metes
and bounds description is necessary. The Senior Planner stated that
items
of discussion in conjunction with this condition include the location
of the
trail along the southern end of the property and whether it can be
located
within the wetlands. He suggested that additional language for this
condition
might be "That the pedestrian trail traverse property to the
southwest
corner of the site (where originally terminated just south of the
southernmost
duplex) leaving described wetlands undisturbed such that the
trail
links to the existing trail at Mathew Bird Creek."
e 19. The
Planner suggested that this condition be revised to reflect that the
street width is being reduced to a 26-foot width
from the standard 37-foot
width,
eliminating reference to City standards in conjunction with the 26-
foot
width. He further noted that under this condition, sidewalk is required
on the
north side of the street only.
24. The
Senior Planner stated this condition is proposed in response to appeals
submitted
by the Southeast Bozeman Neighborhood Association (SEBNA)
late
last week. He noted that under this condition, if it is determined that
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the development must undergo subdivision review, then it shall be subject
to the provisions of the subdivision and platting regulations.
Responding to Commissioner Stueck, City Attorney Luwe stated that he feels it is
appropriate to add the last condition as recommended. He noted that if it is not added, the
applicant will probably be required to go through the subdivision review process; however, it
e may take longer to do so because of additional steps that may be necessary.
Commissioner Youngman suggested that Condition No. 12 be revised to read "... (i.e.,
grass), transplant and/or replace as much of the remaining mature vegetation .., ".
Responding to questions from Senior Planner Skelton, Commissioner Youngman stated
an interest in seeing the chokecherry bushes and lilac bushes transplanted, and the honeysuckle
bushes if possible.
Commissioner Youngman then stated she wants assurances that the wetlands area is
protected, and suggested that the following sentence be added to No. 15: "That the existing
wetland area will be undisturbed except for rubble and any native vegetation appropriate to
wetlands. II
Responding to questions from Senior Planner Skelton, Commissioner Youngman stated
. she feels it is appropriate to allow the planting of additional vegetation which is appropriate to
wetlands, such as reeds and some bushes; and removal of the rubble which has been dumped
in that area is imperative.
Planning Director Epple proposed that the additional language in Condition No. 15 could
read "In addition to any 404 Permitting requirements, the wetlands area south of the
southernmost duplex shall remain generally undisturbed with the exception of removal of rubble
and shall be replanted and rehabilitated with native vegetation endemic to wetlands
environment. II He emphasized the importance of ensuring that this requirement is in addition
to the requirements of the 404 Permit.
Mr. Clair Daines, applicant, addressed several of the proposed revisions to conditions.
. He agreed with the concept of delineating the trail and sidewalk as they cross pavement
through the use of different materials. He then stated that if the City requires that the trail be
relocated, they will do so. He stated that providing an easement for Mr. Bryson to gain access
to the creek for his water rights is acceptable. He indicated that the Design Review Board has
suggested that, while six colors have been identified on the color palette, the number of colors
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used should be limited to three. He noted that if the Commission accepts the colors marked
on the color samples, with no direction on which ones to use, he will select three of those
colors in response to the ORB comments.
Responding to Senior Planner Skelton, Mr. Daines stated he feels the trail should be kept
. as far from the buildings as possible, suggesting it could cross the edge of the wetland area
without negative impact.
The Commissioners discussed the issue of whether the old bridge should be used or if
a new bridge should be allowed across the creek. Following a substantial amount of discussion
on the issue, Planning Director Epple suggested that Condition No. 15 be amended to add the
following language: "That applicant obtain a determination from the Army Corps of Engineers
regarding the most appropriate and least disruptive location for the proposed trail system, with
the stipulation that said trail be located a minimum of 20 feet south of the southernmost
building and, if determined it is most appropriate in the southwest corner, that the applicant
shall commit to a revegetation and rehabilitation plan for closure of the old crossing site,
subject to review and approval by the Planning Office."
I Responding to Commissioner Stiff, the Planning Director stated he feels the Army Corps
of Engineers is willing to provide a recommendation on what type of trail crossing will be least
disruptive to the wetlands area.
Commissioner Stiff stated his preference for requiring that the creek crossing be at the
southwest corner and that the trail be relocated to connect at that point.
Commissioner Stueck stated a willingness to accept either alternative. He suggested
that, with its expertise, the Corps of Engineers should be capable of making the best judgment
on the location of the trail.
Responding to questions from Commissioner Youngman, City Attorney Luwe stated that,
hopefully, within several weeks a determination will be made on whether this project must go
through the subdivision process. He noted that if the Commission takes action now, with this
. condition included, then the applicant can move forward into that process more quickly than
if the Commission waits until after a determination has been made before acting on this appeal.
Commissioner Youngman stated that, based on this discussion and previous discussions,
she is willing to accept staff's statements regarding safety and the capacity of the sewer line.
She stated that she is still interested in having a tests run on this sewer main and other sewer
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mains in the immediate area next spring; however, she characterized that
as a separate issue
from the decision in this appeal.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck,
that the
Commission modify the City-County Planning Board's decision to deny construction
of six
e duplexes on Lot 2, Guy's Second Addition, under Application No. Z-93177, as submitted by
Clair Daines, by approving the application, subject to the following
conditions:
1. That
typical street trees be installed at a minimum of fifty (50) feet on
center
along both sides of the private driveway, and that the landscape
plan
and landscape legend note the number of street trees accordingly for
review
and approval by the Planning Office prior to final site plan approval;
2. That
the applicant obtain a Certificate of Appropriateness from the Planning
Director
and building permit from the Building Department prior to
proceeding
with the project;
3. That
the applicant comply with all twelve (12) conditions of approval
outlined
by Randi Triem, Community Development Engineer, City of
Bozeman,
in the memorandum to the DRC dated March 8, 1994; comply
with
all nine (9) conditions outlined by Fred Shields, Superintendent of
Water/Sewer,
in the memorandum to the DRC, dated March 2, 1994; and
comply
with all four (4) conditions outlined by Roger Sicz, Superintendent
of Street/Sanitation,
in the memorandum to the DRC, dated January 18,
1994,
prior to final site plan approval;
. 4. That
the site plan accurately identify and delineate the floodplain and
flood way boundaries for Mathew Bird Creek and
the existing physical
location of the creek for review and approval
by the City Engineer's Office,
and that the site plan accurately delineate the
35-foot stream setback prior
to final
site plan approval;
5. That
the applicant submit to the City Engineer's Office for review and
approval,
typical details and elevations for installation of a barricade at the
south
end of South Bozeman Avenue for vehicular traffic that still allows
for
pedestrian and bicycle traffic to access the subject property, as well as
the
Gallagator Park further south, and that the barricade be installed by the
applicant
prior to occupancy of the first duplex;
6. That
the site plan, landscape plan, exterior elevations, floor plans and any
other
documents that were part of the application for major site plan
Review
remove any reference to the proposed development being a
planned
unit development, and that the correct property dimensions and
area
of the parcel, of record at the Gallatin County Clerk and Recorder's
Office,
be provided on the site plan for review and approval by the Planning
Office
prior to final site plan approval;
. 7. That
the sidewalk along the east side of the private driveway be
constructed as a five (5) foot wide City standard
curb sidewalk, that it will
be installed along the entire length of the north
and west side of the private
driveway
such that it will link Alderson Street with the sidewalk along the
west
side of Dell Place, that the sidewalk also extend to the north end of
the
subject property providing pedestrian access to the South Bozeman
Avenue
right-of-way, and
that the pedestrian sidewalk be
noted
accordingly
on the site plan for review and approval by the Planning Office
prior
to final site plan approval;
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8. That
the two (2) pedestrian crossings be constructed with a change in
materials
to delineate attention to the crossings across the private
driveway,
that a typical section of the pedestrian crossings, noting
materials,
dimensions and specifications be submitted to the Planning
Office
and City Engineer's Office for review and approval, and the details
be provided
on the site plan prior to final site plan approval;
9. That
the applicant provide a ten (10) foot wide water right diversion
e easement
from Mathew Bird Creek for the adjacent southwest corner
property owner, Mr. Ken Bryson, that the applicant
submit documentation
of the easement being be filed and recorded at
the County Clerk and
Recorder's
Office prior to final site plan approval, and that the site plan
note
the location of the easement for review and approval by the Planning
Office
prior to final site plan approval;
10. That
the applicant provide the required off-street disabled accessible
parking
spaces as set forth in the zoning ordinance and Uniform Building
Code;
11. That
the applicant maintain a twenty (20) foot setback along the east and
west
sides of the subject property, that the three (3) off-street parking
spaces
at the north end of the property be a minimum of eight (8) feet
from
the property line, and that the setbacks be noted accordingly on the
site
plan prior to final site plan approval;
12. That
the applicant maintain the existing mature vegetation (i.e., quaking
aspens,
willow trees) located at the southwest corner of the subject
property,
the hedge along the north property line, mature vegetation along
Mathew
Bird Creek, replace the dirt road along the north boundary with live
. vegetative
landscape (i.e., grass), transplanting and/or replacing as much
of the remaining mature vegetation (i.e., bushes,
hedges, etc.) as possible,
and that it be noted accordingly on the site plan
prior to final site plan
approval;
13. That
the location of the residential exterior light standards be noted on the
site
plan for review and approval by the Planning Office prior to final site
plan
approval;
14. That
the applicant identify on the site plan the location of the Montana
Power
Company gas line and/or service line located in the south central
area
of the property for review and approval by the Planning Office prior to
final
site plan approval;
15. That
the applicant submit documentation to the Planning Office of
obtaining
a 404 Permit from the U.S. Army Corp of Engineers for said
property
prior to final site plan approval. The applicant shall obtain a
determination
from the Army Corps of Engineers regarding the most
appropriate
and least disruptive location for the proposed trail system, with
the
stipulation that said trail be located a minimum of 20 feet south of the
southernmost
building and, if determined it is most appropriate in the
southwest
corner, that the applicant shall commit to a revegetative and
e rehabilitation
plan for closure of the old crossing site, subject to review and
approval by the Planning Office.
In addition
to any 404 permitting requirements, the wetlands area south of
the
southernmost duplex shall remain generally undisturbed with the
exception
of removal of rubble and shall be replanted and rehabilitated with
native
vegetation endemic to wetlands environment;
16. That
the site plan numerically identify all six (6) duplexes, and that four (4)
exterior
elevations (i.e., north, south, east and west elevations) for each of
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the
six (6) duplexes indicating the variation in exterior treatment as
reviewed
by the Design Review Board be submitted to the Planning Office
for
review and approval prior to final site plan approval;
17. That
the exterior color scheme for said duplexes be limited to three (3) of
the
six (6) colors in the palette considered by the Design Review Board and
City
Commission, and that the color palette be made part of the final site
plan
documents prior to final site plan approval;
e 18. That
the applicant install the five (5) foot wide public sidewalk along the
east boundary of said property, that a ten (10)
foot wide public pedestrian
easement
be provided on the site plan, centered on the pedestrian trail, and
that
a legal description of the easement be filed and recorded at the County
Clerk
and Recorder's Office prior to final site plan approval. If the
pedestrian
trail traverses property to the southwest corner of the site to
link
to the existing trail at Mathew Bird Creek, it shall be located in a
manner
to leave the described wetlands undisturbed;
19. That
the applicant install Alderson Street to a twenty-six (26) foot wide
City
street standard (back-of-curb to back-of curb), with curb and gutter on
both
sides, and sidewalk on the north side only, that the public street begin
its
taper to the private driveway width at the property line, not prior to, and
that
typical cross section profile of the Alderson Street improvements be
provided
on the site plan for review and approval by the City Engineer's
Office
prior to final site plan approval;
20. If a
determination is made that subdivision regulations apply to this
development,
the proposal shall be subject to review in accordance with
applicable
subdivision and platting regulations contained in Title 16 of the
Bozeman
Municipal Code, prior to final site plan approval;
I 21. That
eight (8) copies of the final site plan and landscape plan containing all
of the conditions, corrections, and modifications
approved by the Planning
Board shall be submitted for review and approval
by the Planning Director
within
six months of the date of Planning Board approval, that a written
response
which addresses how each condition of approval has been met
shall
be submitted with the final site plan, and that signed copies shall be
retained
by the City Planning, Building, Street/Sanitation, Water/Sewer,
Engineering,
Fire and Code Compliance Departments, and one signed copy
shall
be retained by the applicant;
22. That
the applicant shall enter into an Improvements Agreement with the
City
to guarantee the installation of required on-site improvements at the
time
of final site plan submittal. Detailed cost estimates, construction
plans,
and methods of security shall be made a part of the Agreement;
23. If occupancy
of anyone (1) of the six (6) structures is to occur prior to the
installation
of all improvements, the Improvements Agreement must be
secured
by a method of security equal to one and one-half times the
amount
of the estimated cost of the scheduled improvements not yet
installed.
Said method of security shall be valid for a period of not less
. than
twelve (12) months; however, all on-site improvements shall be
completed by the applicant within nine (9) months
of occupancy to avoid
default on the method of security; and
24. That
a building permit must be obtained within one year of final site plan
approval.
Building permits will not be issued until the final site plan is
approved.
The application for a building permit shall include all signs, or
a separate
building permit will be required before signs are installed.
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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.
e Invitation to attend oroundbreaking ceremonies for Interfaith Housing
Rev. John Plummer extended an invitation for the Commissioners to attend
the ground-
breaking ceremonies for the Bozeman Interfaith Housing project at the
corner of North 4th
Avenue and West Peach Street at 2:00 p.m. on Sunday afternoon.
He also asked that the
Mayor be prepared to make a few brief comments.
The Commissioners thanked Rev. Plummer for his invitation.
Continued work session - recommendations forwarded bv Housina Task Force
Included in the Commissioners' packets was a memo from Neighborhood Coordinator/
Grantsperson
Goehrung, dated September
30, forwarding a revised
listing of the
recommendations forwarded by the Housing Task Force, based on the discussion
at last week's
. meeting.
. Commissioner
Stueck asked if the Commission
is going to be
refining these
recommendations over the next few months, prior to possible adoption
of a policy. He also
asked if staff input will be available during this process.
Commissioner Youngman stated she is impressed with the revised organization
of the
recommendations under five major goals. She suggested, however, that
the definition needs
revision.
She then suggested that the Commission consider raising the percentages in the
affordability guidelines, particularly for ownership of single-family
homes.
Commissioner Stiff stated he has selected some elements from programs
which have
been successful in other communities and forwarded them to staff. He
then asked if staff has
had an opportunity to review those items, such as increased densities
and fast track options.
e He then noted that at a meeting he attended last week, he heard some interesting comments
from the building industry about this issue.
Planning Director Epple stated that in his day-to-day dealings with the
development
community, one of the biggest assurances they are seeking is a level
of predictability, noting
that the lack of predictability seems to be one of the most frustrating
and costly aspects of
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their business. He suggested that should be one of the primary considerations
when looking
at the possibility of creating an affordable planned unit development
process.
Commissioner
Stiff noted that for a developer, time is money; and in this community,
most of those are small businesses. He then stated that the flexibility
and density bonus, along
e with other options available, can cause problems for the development community when they
try to utilize them, particularly in light of neighborhood input.
Mayor
Vincent stated that he attended the same meeting as Commissioner Stiff and it
became apparent to him that, under the current process, a lot of time
and money is expended
before a proposal comes to public hearing before the City Commission.
He noted that it is
important for the developer to work with a neighborhood as much as possible
when preparing
his plans, to ensure that neighborhood opposition is minimized and that
the application can
move forward quickly.
City
Manager Wysocki noted that staff has encouraged developers to go to the
neighborhood with a conceptual plan before beginning the formal process,
in an effort to
determine whether a proposal might be acceptable.
He noted that can help to alleviate
. problems and costly delays further into the process.
. Commissioner
Stiff stated that the "Not In My Back Yard (NIMBY)" factor is a very real
one. He cautioned
that the Commissioners must be able to take this into account when
considering proposals, recognizing that their decisions may not always
be popular with a
particular segment of the community.
City
Manager Wysocki suggested that, by talking to staff, developers may be able to
learn what type of proposal might be acceptable and what might tend to
create problems. He
then stated concurrence with the Planning Director's comment that a level
of predictability is
important.
He then recognized that there are good reasons for the standards which are in
place; however, if the Commission so directs, staff will review those
standards to determine
if they could possibly be altered to accommodate more affordable projects.
e Planning
Director Epple suggested that if a project meets the minimum standards and is
located in an area essentially identified for affordable planned unit
developments, the most cost
effective item the City could offer would be predictability and assurances
in the review process.
Responding
to City Manager Wysocki, Neighborhood Coordinator Goehrung stated that
he delivered a copy of this revised list of recommendations to the building
industry on Friday.
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Commissioner Stueck stated the problem with "pre-approval" or preference for an
affordable planned unit development project is that the first time some issue arises that makes
the project not approvable, the developers will be back to the same position they are in now.
He then characterized concessions for setbacks and lot widths as a "drop in the bucket" when
e trying to save costs.
Commissioner Stiff stated that care must be taken to ensure that none of the
concessions negatively impact the public health, safety and welfare. He then cited the program
in Lacy, Washington, as a successful example for providing affordable housing units. He noted
that one of the elements of that program is that the costs of utilities are underwritten, resulting
in a cost savings of $2,000 per unit. He then noted that optimum
value engineering is a
concept which has been approved by the Department of Housing and Urban Development. He
noted that contractors in the area suggest, however, that implementation of this provision will
probably not generate much saving because the contractors are doing just about everything
possible to construct projects in a cost effective manner.
Neighborhood Coordinator/Grantsperson Goehrung stated he has placed timelines on
. each of the objectives, which are the revised recommendations from the Housing Task Force.
. He suggested that if any of these is a priority item, it should be identified so that the
appropriate staff persons can begin working on it as quickly as possible, since some of the
objectives are estimated to take up to six months to complete.
Responding to Mayor Vincent, the Neighborhood Coordinator stated that, since the
recommendations pertaining to inclusionary zoning did not come forward from the Housing
Task Force with unanimous support, they have not been included in his revised format.
He
recognized that some of the provisions of the proposed policy, such as mixed neighborhoods,
move toward that philosophy.
Commissioner Youngman suggested that the Commissioners forward input on the revised
policy. She then proposed that more importance be given to mobile and modular housing. She
e suggested that it may be helpful to publicize that mobile home parks are being encouraged.
Commissioner Stiff noted that in the October edition of the AARP Bulletin, one of the
front page articles listed some of the problems which mobile home owners in mobile home
parks are facing. He then stated that it appears those problems are encountered
on a
nationwide issue, not just in Bozeman.
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Commissioner
Youngman stated her support for ensuring handicapped accessibility in
affordable units.
Commissioner
Stueck stated that under No. 4d., which prioritizes the uses of the
Community Housing Fund monies, he feels that rental assistance and assistance
with down
e payments are more important that most of the other items on the list and should be moved up
to third or fourth position. He noted the importance of providing assistance
to single parent
families whenever possible, allowing them to get into affordable rental
units.
Mayor
Vincent stated he feels that the items listed under No. 4d. need further review
and possibly a change in priority ranking.
Commissioner
Frost indicated that the availability of living units is a critical issue.
Commissioner
Youngman suggested that items listed under No. 4d. should be reviewed
and prioritized annually, since the needs in the community are ever changing.
Neighborhood
Coordinator/GrantspersonGoehrung summarized the revisions which have
been enumerated, including revisions to the mission statement, language
for mobile/modular
housing, the addition of HUD standards for accessibility, information
on density bonuses and
. modification of the priority list for use of the Community Housing Fund monies.
. The
Coordinator then encouraged the Commission to include the development
community in further review and revision of this policy.
The
Commissioners discussed the adoption of an affordable housing policy and the
process and timeline for such adoption. They concluded that the policy
should be revised to
reflect the changes which they have identified during this discussion.
The policy should then
be distributed to the Commissioners, staff, the Housing Task Force, the
building industry and
the Library in anticipation of a public hearing.
Mayor
Vincent asked Neighborhood Coordinator/Grantsperson Goehrung to prepare a
final schedule for accepting additional input, and subsequent revision
and adoption of the
policy.
e
Discussion - FYI Items
City
Manager Wysocki presented to the
Commission the following "For Your
Information" items.
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(1 ) A number
of letters and memos addressed to the Commission regarding the
Alderson project, acted on above, which were late submittals.
(2) Invitation
to attend an open house at the Montana Law Enforcement Academy
tomorrow from 5:30 to 7:00 p.m., sponsored by the Bozeman Area Chamber
of Commerce.
e (3) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, October 4, in the Commission Room.
(4) The
City Manager submitted his weekly report, as follows. (1) Attended the
University Relations Committee meeting at the ICMA Conference a week
ago. He noted that
a number of issues were discussed, including the use of people from the
University to assist
in beginning GIS mapping. He noted that the cost of developing GIS mapping
for the City is
estimated at $1 million; however, he suggested that through cooperation
with the University,
it may be possible to develop the GIS mapping over a five-year period
at a minimal cost. (2)
Encouraged the Commissioners to become active in speaking to various
service clubs in the
community about the general obligation bond issue which is on the ballot.
He indicated that
a staff member should attend each of those meetings, to respond to questions
as needed. (3)
. Asked the Commissioners to consider other methods of getting information
to the public about
. the bond issue, possibly through advertisements. (4) Announced
that City staff people will
review the old Army Reserve Building at the corner of South Tracy Avenue
and East Babcock
Street tomorrow, noting that all interested parties have been invited
to attend the walk through.
(5) Distributed a copy of the Court decision in the Rice case, which
is for the City. He noted
there has been a substantial amount of media interest in this case.
(5) The City Manager forwarded a request from Bozeman Interfaith Housing
that the City
allow the old foundation to be dumped at the landfill at no cost. He
cautioned that the policy
is that fees will be paid for all waste taken to the landfill; and estimated
that the cost of
dumping the concrete will be $6,000 to $7,000.
Commissioner Stueck stated there are several places in the community
where concrete
e and other fill material is being sought. He then indicated a willingness to pursue this issue and
try to find a satisfactory alternative.
(6) Commissioner
Stueck submitted the following. (1) Attended a meeting on Friday
morning regarding extension of Fowler Avenue to West Main Street. He
stated that, hopefully,
that project will be completed by the end of this month or early next
month. (2) Announced
1 0-03-94
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that he has been invited to attend President Malone's round table discussions
on Thursday.
(3) Announced that his wife got out of the hospital today, after her
recent surgery. (4) Noted
there will be some proposals for affordable housing units and higher
densities going through
the planning process within the next few months.
e (71 Commissioner Frost asked that a work session with the County Commission, for
the purpose of discussing the gas tax, be placed on an upcoming agenda,
possibly for the
October 24 meeting.
(8) Commissioner
Stiff submitted the following. (1) Attended the meeting with
developers and contractors on Wednesday morning. He congratulated the
Gallatin Development
Corporation on organizing these meetings. (2) Attended the meeting with
the consultant which
the County retained for impact fees.
He characterized it as a very interesting early morning
meeting.
(9) City
Attorney Luwe stated that he spent the last two weeks at Operation Safe
Haven in Panama; and he is glad to be back from the hot, rainy weather.
(10) Clerk
of the Commission Sullivan submitted the following. (1) Reminded the
. Commissioners that lists of possible topics to be discussed at the joint
meeting with the
. Planning Board and the Design Review Board are due next week. (2) Reminded the
Commissioners of the invitations they received to attend the open house
at Eco Farm, asking
them to respond to that invitation. (3) Reviewed the agenda for next
week's meeting, which
is an afternoon session only.
(11 )
Mayor Vincent submitted the following. (1) Announced that he has been asked
to talk about the bond issue at the Bozeman Property Owners' Association
meeting, which is
to be held at 7:30 p.m. on Thursday evening. (2) Noted that in yesterday's
edition of the Great
Falls Tribune, there is an article about the City Manager challenging
the firefighters in a fitness
course.
e Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
ADDlication for Kennel License - John Garre. 1321 South Montana Avenue
-
Calendar
Year 1994
10-03-94
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- 14 -
Commission
Resolution No 3012
- levving and assessing
garbage
assessments
for Fiscal Year 1995: set public hearing for October 17. 1994
COMMISSION RESOLUTION NO. 3012
A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL
REAL
PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE
e OF MONTANA,
UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST
AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING
OF SOLID WASTE
UNDER THE PROVISIONS OF ORDINANCE NO. 1323, AS
AMENDED BY
ORDINANCE
NO. 1367, OF THE CITY OF BOZEMAN MUNICIPAL CODE.
Commission
Resolution No. 3013 - levYing and assessing assessments for
SDeciallmDrovement
District No. 662 - street imDrovements on North 19th
Avenue
between Baxter Road and West Oak Street - $295.900: set Dublic
hearing
for October 17. 1994
COMMISSION RESOLUTION NO. 3013
A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES
UPON
ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO.
6621N
THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA,
TO DEFRAY
THE COST OF CONSTRUCTION AND MAKING THE IMPROVEMENTS
WITHIN
SAID SPECIAL IMPROVEMENT DISTRICT NO. 662
Commission
Resolution No. 3014
- relatina to $295.900
SDecial
ImDrovement
District No. 662 bond issue: fixina the form and details and
. Drovidina
for the execution and delivery thereof and security therefor
RESOLUTION NO. 3014
. RESOLUTION
RELATING TO $295,900 SPECIAL IMPROVEMENT DISTRICT NO.
662 BONDS; FIXING THE FORM AND DETAILS AND PROVIDING
FOR THE
EXECUTION
AND DELIVERY THEREOF AND SECURITY THEREFOR
Authorize
absence of Commissioner Frost from meeting of October 10.
1994,
in comDliance with Section 7-3-4322{2L M.C.A.
It was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the Consent Items as listed, and authorize and direct
the appropriate
persons to complete the necessary actions. The motion carried by the
following Aye and No
vote:
those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner
Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none.
e Recess - 5:17 p.m.
Mayor
Vincent declared a recess at 5: 17 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
1 0-03-94
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Reconvene - 7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
e Public hearing - District IX Human Resource Development Council application for Community
DeveloDment Block Grant (CDBG) monies for housina: Commission Resolution No. 3015 _
authorizing City Manager to submit aDDlication for Community DeveloDment Block Grant
housing proaram
This was the time and place set for the public hearing on the application for Community
Development Block Grant (CDBG) monies for a housing project, as submitted by the District IX
Human Resource Development Council.
Mayor Vincent opened the public hearing.
Neighborhood Coordinator/Grantsperson James Goehrung noted that the sheets from the
application containing the core information were included in the Commissioners' packets. He
briefly summarized the application, noting it is for a portion of the West Babcock Street project.
He stated that, if the Commission approves the submittal of this application, it will be taken to
Helena tomorrow, to meet the deadline for this round of applications.
. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, asked
. for Commission support of the application for Community Development Block Grant monies for
their land trust project on West Babcock Street. He reminded the Commission that under the
original projections for this project, ten single-family homes were to be constructed this summer
and fall, with ten more single-family homes to be constructed next summer and the twenty-four
rental units to be started when those units were completed. He stated that, because Montana
Board of Housing monies for multi-family units became available, in an extremely attractive
financing package, they chose, instead, to begin construction of the four-plexes more quickly
than originally planned. He stated that this $400,000 grant application, if successful, when
combined with the monies from MBOH, will help to provide the affordable housing project
e which has been undertaken. He then encouraged the Commission to approve this application,
which will help to construct the twenty-four rental units in their project. He stated that the
rents for these units are projected at $357 for the smaller units and $437 for the larger units
in today's market.
No one was present to speak in opposition to submittal of the grant application.
10-03-94
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- 16 -
Mayor Vincent closed the public hearing.
City Manager Wysocki submitted Commission Resolution No. 3015, as approved
by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 3015
e A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
TO THE MONTANA DEPARTMENT OF COMMERCE FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) HOUSING PROGRAM.
Commissioner Frost announced that, due to his employment with the Human
Resource
Development Council, he will abstain from voting.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission adopt Commission Resolution No. 3015, authorizing the City
Manager to submit
an application to the Montana Department of Commerce for the Community
Development Block
Grant (CDBG) Housing Program on behalf of the District IX Human Resource
Development
Council.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor
Vincent; those
voting No, none. Commissioner Frost abstained.
I Public Hearing - Conditional Use Permit - William Dabney. Farmhouse Partners. LTD. for Bob
Pearson - allow construction of a 24-unit 8Dartment comDlex on a Dortion
of Tract A. COS No.
1161. located in the SE % of Section 8. T2S. R6E. MPM (south of Haggerty
Lane on the east
side of Ellis Street) (Z-941 04)
This was the time and place set for the public hearing on the Conditional
Use Permit
requested by William Dabney, Farmhouse Partners, L TD, for Bob Pearson,
under Application
No. Z-94104, to allow construction of a 24-unit apartment complex on
a portion of Tract A,
Certificate of Survey No. 1161, located in the Southeast one-half of
Section 8, Township 2
South, Range 6 East, Montana Principal Meridian.
The subject parcel is more commonly
located south of Haggerty Lane on the east side of Ellis Street.
Mayor Vincent opened the public hearing.
e Assistant Planner Lanette Windemaker presented the staff report. She
stated that the
subject parcel is adjacent to the Klondike Planned Unit Development.
Under this application,
24 apartments units are to be provided in three two-story buildings,
totalling 20,000 square
feet. The project is designed to provide affordable housing units, targeted
at families earning
less than 60 percent of median household income. Access to two of the
units will be from
1 0-03-94
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Haggerty Lane, while access to the third unit will be via a common private
driveway from Ellis
Street.
The Assistant Planner stated that the developer has proposed that City sewer and a
private well system serve the development. The topography of the triangular
shaped parcel
e includes a 25-foot difference in elevation from the southeast corner to the northwest edge.
The Assistant Planner stated that the subject property is a portion of the Klondike
office/commercial complex which was approved in July 1981. That project
was for nineteen
buildings, to be constructed in five phases, which were to be serviced
by City sewer and a
private well system. This
parcel was to contain five buildings under that project; however,
approval of that planned unit development has since lapsed. The Assistant
Planner reviewed
the surrounding land uses, which are generally agricultural and single-family
uses, with the
office complex immediately to the east.
Assistant Planner Windemaker stated that staff has reviewed this application in light of
the six criteria set forth in Section 18.53.030 of the Bozeman Municipal
Code. She noted that
the comprehensive staff findings are contained in the written staff report,
which was previously
I distributed to the Commission. She briefly highlighted those issues which were identified as
a result of that review, noting that conditions have been recommended
to ensure that the
issues are appropriately addressed. She noted that, to address traffic
impacts, Ellis Street is
to be improved; and the developer will be asked to participate in the
costs of signalizing the
intersection of Haggerty Lane and East Main Street. Buffering from adjacent
uses is required,
to ensure that this project is compatible with surrounding development
and uses.
The Assistant Planner stated that fire protection has been identified
as a critical issue,
since the property is located at the westerly edge of the Fort Ellis
Rural Fire District. She stated
that, to ensure adequate water for firefighting activities, staff recommends
that this site be
serviced by City water since all other alternatives seem not to be acceptable
for a variety of
reasons.
e Assistant Planner Windemaker stated that three letters of public comment
have been
received; and copies of those letters have been attached to the staff
report. She then indicated
that the City-County Planning Board conducted its public hearing on this
application at the
September 20 meeting. Following that public hearing, the Board forwarded
its recommendation
10-03-94
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for approval, subject to 27 conditions. One of those conditions requires
that approval of this
application be contingent upon annexation of the entire Klondike parcel.
Mr. William "Dab" Dabney, applicant, stated that, through the use of
tax credits, this
project is economically feasible. He noted that the people who live in
these units will probably
e include recent college graduates who are looking for work, those in entry level jobs, and young
families who are earning $17,000 to $21,000 a year. He stated that the
two-bedroom units
will be initially rented for $432 a month, with those rents increasing
at approximately the rate
of inflation over the next fifteen years.
Mr. Dabney provided a brief overview of the tax credit program, which
was created in
1986 to provide rental housing for the elderly, handicapped and those
with modest means.
Under the program, rents are restricted for a period of fifteen years.
In exchange, the developer
is given an allocation of tax credits to raise equity and offset the
lack of income and the lack
of ability to make a profit. These credits include a dollar-for-dollar
credit against the federal
income tax liability over the next ten years.
He noted that, without this type of program, it
would not be possible to build affordable apartments in Bozeman.
I Mr. Dabney stated it is his objective to create a project which looks bener than
competing properties. He also noted the importance of using high quality
materials which
require minimal operation and maintenance costs. He noted that it is
also important to operate
this type of project in a manner which attracts and keeps good tenants
who are interested in
maintaining the amenities and the site.
Mr. Dab Dabney stated that the Human Resource Development Council is
to serve as the
day-to-day property manager for this project, including collection of
the rent and maintenance
of the facilities.
He noted that with the stringent rules which will be established for this
development, he feels that it will be an asset to the community.
Mr. Dabney stated that he has received a reservation of tax credits from
the Montana
Board of Housing and a commitment for financing from a local bank.
He noted that if the
e project is approved, he hopes to have the foundations poured by the middle
of next month and
the units completed in six months.
Mr. Dabney then stated he is in agreement with virtually all of the conditions
recommended by the Planning Board. He noted that the major issue to be
resolved is how to
meet the City's requirements for fire protection.
1 0-03-94
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Mr. Dan Kamp, architect for the project, stated there is no way to build apartments for
a reasonable rental rate without the type of assistance which this developer has obtained. He
noted that the subject site, with its configuration and topography, provides unique and
interesting characteristics as well as a challenge for creating a design which meets the zone
e code requirements. He noted that a density of twelve units per acre is high for the Bozeman
area; however, he feels that the design which had been forwarded to the Commission does
provide that type of density in an attractive manner. He indicated that fully accessible units
and units which can be made accessible in the future are included in the project.
Mr. Kamp stated that, because of the topography of the site, it is not possible to provide
an interior access to all three buildings. He noted that the Fire Marshal has agreed that, as long
as the addresses of the buildings are easy to find and read, the proposed design is acceptable.
Mr. Kamp stated that he feels the way the buildings have been designed, with gable
ends, dormers and various roof pitches, provides a nice project with character. He noted that
the extensive amount of landscaping which has been proposed, particularly along the
perimeters of the project, will help to screen the project and will minimize any impacts on
. adjacent properties.
. Mr. Kamp then forwarded concerns about some of the recommendations which have
been forwarded regarding the parking lot and the turn-around required for emergency vehicles.
He noted that the trash enclosure has been relocated so it is no longer in the front yard. He
then encouraged Commission approval of this application.
Mr. Rick Kerin, consulting engineer, noted that the City water line is currently stubbed
to the Life of Montana building, which is probably 500 feet from the Klondike property. He
estimated that when the line is extended from the Klondike property through this development,
the main extension will total close to 800 feet.
Mr. Martin Molendyk, 8456 Haggerty Lane, stated he is not opposed to development of
this parcel; however, he is concerned that too much development is being proposed for the
e site. He noted that if the site is developed as proposed, there will be no place for the children
to play; and he feels that is an important amenity that must be considered. He further noted
that the triangular configuration limits development of the site, a constraint which would not
be encountered if the parcel were more square.
10-03-94
_u
- 20 -
City Manager Wysocki emphasized the importance of understanding the difference
between extending the water main and looping the water main. He then
indicated that staff
is currently negotiating with the applicant on this issue, to ensure
that adequate water is
available for fire protection.
e Mr. Dabney stated he feels this project will be an asset to the neighborhood and to the
community. He noted that, while he recognizes and understands Mr. Molendyk's
concerns, he
has witnessed this type of project as a success in all types of neighborhoods.
Responding to Commissioner Youngman, Mr. Dabney stated that he can live
with the
conditions which have been recommended by staff and the Planning Board.
Responding to Commissioner Stiff, Mr. Dabney stated that two of the units
will be
disabled accessible when the project is initially completed.
He further noted that the
appropriate ramps are being provided on the site to accommodate wheelchairs.
Since there were no Commissioner objections, Mayor Vincent closed the
pUblic hearing.
Commissioner Stueck suggested that Condition No.5 be revised to read:
"Plans and
specifications for any water and sewer main extensions be prepared by
a Professional Engineer
e licensed by the State of Montana. ..."
. Commissioner Stueck then proposed that the Commission consider granting
a variance
to the required number of parking spaces. He noted that 53 parking spaces are required; and
they have been provided in the plans before the Commission. He suggested
that, through a
variance for four or five of those parking spaces, a tot lot could be
provided for the children
living in this complex. The Commissioner further proposed that Condition
No. 16 be deleted
and replaced with a statement that the site is to be landscaped in a
manner which is
appropriate for the area. He feels that the landscaping proposed for
the site is overkill for this
area and that a more appropriate landscape plan for the area would benefit
everyone.
Commissioner Stueck asked about the waiver of right to protest for future
improvements
to Ellis Street, suggesting that since this is an affordable housing
project, it may be appropriate
e to exclude the site from an improvement district. He expressed concern that the creation of
an improvement district in the future could create an undue financial
burden on this project,
thus compromising its success. He noted that these are the types of concessions
for affordable
housing projects which were discussed at this afternoon's meeting.
10-03-94
.- -_..-
- 21 -
Responding to Mayor Vincent, Assistant Planner Windemaker stated that the language
in Condition No. 16 could be made less specific, if the Commission so chooses.
Mr. Dan Kamp reminded the Commission that the code allows an exchange of up to five
parking spaces for additional amenities provided. He then stated that, in addition to a tot lot,
e additional landscaping could be provided along Haggerty Lane in exchange for five parking
spaces. He recognized that in this type of development, there are fewer households with two
cars than normal; therefore, the parking impacts will be less. He noted that this type of request
is addressed by the Design Review Board. He indicated that approval of the
request could
assist in developing the project.
Assistant Planner Windemaker affirmed that the proper avenue for seeking a deviation
to allow less parking spaces in exchange for additional landscaping is through the Design
Review Board. She noted that an additional 350 square feet of landscaping is required for each
parking space deleted.
Commissioner Stueck expressed concern that the ORB will require more landscaping in
exchange for the parking spaces; and he feels there is already an excess of landscaping shown
I in the plans. He then stated his preference would be to see the area where the five parking
spaces would have been located just planted with grass rather than requiring additional
landscaping.
City Attorney Luwe cautioned that, under the zone code, landscaping in lieu of parking
spaces must be in addition to the required landscaping.
Assistant Planner Windemaker stated that when reviewing this type of application, the
ORB members look at the quality of the landscaping proposed as well as the quantity of
landscaping. She then reminded the Commission that, because of the single-family residential
adjacencies, a substantial amount of screening is needed to ensure the compatibility of this
project with the area.
Responding to questions from the Commission, the City Manager suggested that
e Assistant PlannerWindemaker could adequately forward the Commission's attitude to the DRB
regarding a request for a deviation to allow landscaping in lieu of parking spaces. The City
Manager then cautioned against providing concessions, based on affordability, since an
affordable housing policy has not yet been established.
10-03-94
. --- ....-..
- 22 -
City Attorney Luwe recommended that Condition No.1 be amended to delete
the last
portion of the last sentence.
He expressed concern that with the condition, as written, the
conditional use permit would not be approved until after the annexation
process is complete
and, in this instance, he feels that is inappropriate.
e The City Manager concurred with the City Attorney's comments, suggesting that the
applicant be required to sign a waiver of right to protest instead.
There were no Commissioner objections to waiving the customary one-week
waiting
period for land use decisions, the Commission proceeded to the motion
and vote.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck,
that the
Commission approve the Conditional Use Permit requested by William Dabney,
Farmhouse
Partners, L TO, for Bob Pearson, under Application No. 2-94104, to allow
construction of a 24-
unit apartment complex on a portion of Tract A, Certificate of Survey
No. 1161, located in the
Southeast one-half of Section 8, Township 2 South, Range 6 East, Montana
Principal Meridian
subject to the following conditions:
1. Approval
is contingent upon the annexation of the entire property (Klondike
I and
Comstock) to the City of Bozeman. Developer must sign a waiver of
right to protest annexation of the subject property
prior to approval of the
Conditional Use Permit;
2. City water must be provided to the site, preferably
with an adequately
looped
water line, prior to issuance of any building permits;
3. Montana
Department of Transportation approval of the approach onto
Haggerty
Lane must be received prior to approval of the final site plan. An
encroachment
permit for the access onto Ellis Street must be obtain from
the
Gallatin County Road Office prior to final site plan approval;
4. That
the applicant comply with the applicable conditions of approval set
forth
by the City Engineer, as listed below, prior to final site plan approval;
a.
The final site plan shall be adequately dimensioned;
b.
A stormwater d ra i nage/treatment
grading plan and
maintenance plan for a system designed to remove solids,
silt, oils, grease, and other pollutants must be provided to and
approved by the City Engineer. The plan must demonstrate
adequate site drainage (including sufficient spot elevations),
e
stormwater detention/retention basin details (including basin
sizing and discharge calculations, and discharge structure
details), stormwater discharge destination, and a stormwater
maintenance plan;
A stormwater, easement must be established on the adjacent
property and filed with the County Clerk and Recorder's
Office for the retention pond and discharge course if located
off the subject property.
10-03-94
- 23 -
c. Plans
and specifications for any water, sewer and/or storm
sewer
main extensions, and public and private streets
(including
curb, gutter
& sidewalks) prepared by
a
Professional
Engineer (PE) shall be provided to and approved
by the
City Engineer. Water and sewer plans shall also be
approved
by the Montana
Department of Health
and
Environmental
Sciences. The applicant shall also provide
professional
engineering services for construction inspection,
e post-construction
certification, and preparation of mylar
record drawings.
Specific comments regarding the existing
and proposed infrastructure shall be provided
at that time.
Construction
shall not be initiated on the pUblic infrastructure
improvements
until the plans and specifications have been
approved
and a preconstruction
conference has been
cond
ucted;
No building
permits will be issued prior to City acceptance of
the
infrastructure improvements.
d. All
infrastructure improvements including 1) water and sewer
main
extensions, and 2) public and private streets including
curb/gutter,
sidewalks, and storm drainage infrastructure
improvements
shall be financially guaranteed or constructed
prior
to occupancy. No building permits will be issued prior
to completion
and acceptance of the public infrastructure
improvements;
e. Plans
and specifications for any fire service line must be
prepared
in accordance with the City's Fire Service Line
I Policy
by a Professional Engineer (PE), and be provided to and
approved
by the City
Engineer prior to initiation
of
construction of the fire service or fire protection
system. The
applicant shall also provide professional engineering
services
for construction inspection, post-construction,
certification,
and
preparation of mylar record drawings;
f. Sewer
and water services shall be shown on the final site
plan
and approved by the Water/Sewer Superintendent. City
of Bozeman
applications for service shall be completed by the
applicant;
g. The
location of existing water and sewer mains shall be
properly
depicted, as well as nearby fire hydrants. Proposed
main
extensions shall be noted as proposed;
h. The
drive approach shall be constructed in accordance with
the
City's standard approach (Le. concrete apron, sidewalk
section,
and drop-curb) and shown as such on the final site
plan.
A City curb cut and sidewalk permit shall be obtained
prior
to final site plan approval;
e L Typical
curb details (Le. raised and/or drop curbs) and typical
asphalt paving section detail shall be provided
and approved
by the City Engineer.
Concrete curbing shall be provided
around
the entire new parking lot perimeter and adequately
identified
on the final site plan;
j. The
configuration of the off-street parking shall comply with
the
requirements of 18.50.120 of the Zone Code unless a
deviation
or variance is granted by the governing body. This
10-03-94
..-.-"-.
- 24-
includes parking stall dimensions, drive aisle widths, lot
surfacing, and curbing;
k.
All existing utility and other easements must be shown on the
final site plan;
I.
Adequate snow storage area must be designated outside the
site triangles, but on the subject property (unless a snow
e
storage easement is obtained for a location off the property
and filed with the County Clerk and Recorder);
m.
Drive approach and public street intersection sight triangles
shall be free of plantings which at mature growth will obscure
vision within the sight triangle;
n.
A sewer service sample manhole shall be provided on the
sewer service. Location shall be identified on the final site
plan and a detail for the unit shall be provided and approved
by the City Engineer;
o.
A Pretreatment Program Sanitary Sewer Survey shall be
completed by the applicant and submitted to the Engineering
Department prior to final site plan approval;
p.
An Occupancy Permit must be obtained from the Montana
Department of Transportation for location of water and sewer
mains within the Department's right-of-way;
q.
If construction activities related to the project results in the
I
disturbance of more than 5 acres of natural ground, an
erosion/sediment control plan may be required. The Montana
Department of Health and Environmental Sciences, Water
Quality Bureau shall be contacted by the applicant, to
determine if a Storm Water Discharge Permit is necessary. If
required by the WQB, an erosion/sediment control plan shall
be prepared for disturbed areas of 5 acres or less if the point
of discharge is less than 100 feet from state waters;
5. Plans
and specifications for any water and sewer main extensions be
prepared
by a Professional Engineer licensed by the State of Montana.
Plans
and specifications shall be provided to and approved by both the City
of Bozeman
and State DHES. Applicant shall also provide P.E. services for
construction
inspection; post construction certification and preparation of
mylar
record drawings to be furnished by the City of Bozeman;
6. Location
of the sewer and water services shall be shown on the final site
plan
and approved by the City of Bozeman Water/Sewer Superintendent.
Size
of proposed service lines must also be indicated on the final site plan;
7. Applications
for water and sewer service must be completed by the
applicant
at the City of Bozeman Engineering Office;
e 8. Water
service lines must be installed to City of Bozeman standard and must
be inspected prior to covering by the City of
Bozeman Water/Sewer
Department;
9. Proposed
water and sewer mains must be accurately shown on both final
site
plan and final landscape plan;
10. The
applicant shall sign a waiver of right to protest future street
improvements
to Ellis Road and Haggerty Road and possibly signal light
10-03-94
-.. - ___..n
- 25 -
improvements
at Highland Blvd. and East Main Street. Since Ellis Road is
under
the County jurisdiction, the County Road Supervisor should be
allowed
to comment on this project;
11. The
garbage enclosure and appropriate size dumpster shall be placed so
that
access is readily available to the collection vehicle;
12. Access
roads in excess of 150 feet in length are required to provide for an
e approved
emergency vehicle turn around. The turn around is required to
be signed adequately to assure it is available
for use at all times. This
comment applies to the access off of Haggerty
Lane;
13. Water
supply meeting the requirements of Appendix ilia of the 1991
Uniform
Fire Code shall be supplied by on site fire hydrants;
14. Two
separate unconnected accesses from two separate roadways is highly
undesirable.
Access to the entire development should b from one roadway
or the
two parking lots should be connected t facilitate emergency
response
and apparatus movement within the development. It may be
possible
to negate this problem with separate street addresses for the
building
off of Ellis Street and the buildings off of Haggerty Lane, and
highly
visible numbers subject to approval by the Fire Department;
15. Drive
access widths shall be 35 feet measured at the inside edge of the
drive
access extended, at its intersection with the projected curbline of the
street.
Two way drive access shall be a minimum of 24 feet;
16. The
landscaping plan is required to meet the landscape performance
standards
for residential adjacency. The addition of two small trees along
I Haggerty
Lane, three large canopy trees along the western access
easement, and two landscaped islands in the southern
parking lot with a
minimum
of a large canopy tree in
each island will meet
these
requirements;
17. Final
site plan must include the required number of parking spaces; 53
regular
plus 3 accessible spaces, unless a deviation is approved by DRB.
Thirteen
parking spaces could be compact;
18. Trash
enclosures and the backup area of the parking lot shall not be located
in the
required front yard. The final location shall be subject to review and
approval
by the Street/Sanitation Superintendent;
19. A tot
lot shall be provided on site;
20. Seven
copies of the final site plan containing all of the conditions,
corrections,
and modifications approved by the City Commission shall be
submitted
for review and approval by the Planning Director within six
months
of the date of City Commission approval. Signed copies shall be
retained
by the City departments represented on the Development Review
Committee,
and one signed copy shall be retained by the applicant;
e 21. The
applicant shall enter into an Improvements Agreement with City to
guarantee the installation of required on-site
improvements at the time of
final site plan submittal.
Detailed cost estimates, construction plans and
methods
of security shall be made a part of that agreement;
22. A Building
permit must be obtained within one (1) year of final site plan
approval.
Building permits will not be issued until the final site plan is
approved.
No site work, including excavation, may occur until a building
permit
is issued;
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-
23. If occupancy
of the structure or commencement of the use is to occur prior
to the
installation of all improvements, the Improvements Agreement, must
be secured
by a method of security equal to one and one-half times the
amount
of the estimated cost of the scheduled improvements not yet
installed.
Said method of security shall be valid for a period of not less
than
twelve (12) months; however, all on-site improvements shall be
completed
by the applicant within nine (9) months of occupancy to avoid
default
on the method of security;
e 24. That
the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions
imposed by the conditional
use
permit procedure;
25. That
all of the special conditions shall constitute restrictions running with
the
land use and shall be binding upon the owner of the land, his
successors
or assigns;
26. That
all conditions specifically stated under any conditional use listed in
this
title shall apply and be adhered to by the owner of the land,
successors
or assigns; and
27. That
all of the special conditions shall be consented to in writing by the
applicant.
The motion carried by the following Aye and No vote: those voting Aye
being Commissioner
Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent;
those voting No,
none. Commissioner Frost abstained.
I Commissioner Youngman stated her delight in approving this application, which is the
first truly affordable project forwarded by the development community.
She also noted that
this application was filed less than two months ago.
Mayor Vincent stated he is also pleased with this application.
He then thanked Mr.
Dabney for doing everything possible to accommodate young children on
this restricted site.
Public hearina - Master Plan Amendment - Don Hannah for Sourdough Creek
Procerties -
chanae land use designation from Suburban Residential to Urban Residential
- CDS No. 1735.
located in the NE%. Section 25. T2S. R6E (147.23 acres located at the
northeast corner of the
intersection of South Third Avenue and Goldenstein Lane) (P-9441)
This was the time and place set for the public hearing on the Master
Plan Amendment
to change the land use designation from Suburban Residential to Urban
Residential, requested
e by Don Hannah for Sourdough Creek Properties under Application No. P-9441 , on Certificate
of Survey No. 1735, located in the Northeast one-quarter, Section 25,
Township 2 South,
Range 6 East, Montana Principal Meridian. The subject 147.23-acre parcel
is more commonly
located at the northeast corner of the intersection of South Third Avenue
and Goldenstein Lane.
Mayor Vincent opened the public hearing.
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Senior
Planner Dave Skelton presented the staff report. He distributed copies from a
portion of the April 4, 1994 minutes pertaining to the public hearing on the intent to annex this
subject parcel. He stated that this property abuts the southern city limits between South Third
Avenue and Gardner Park Subdivision. The property is traversed by three perennial streams,
e Sundance Springs Creek, Mathew Bird Creek and Nash Spring Creek.
The
Senior Planner reminded the Commission that four different review processes must
be completed prior to any urban-density development occurring on this parcel.
The first is
annexation; and in April the Commission voted 4 to 1 to direct staff to prepare a resolution of
annexation, after addressing seven different issues and execution of the Annexation
Agreement. The second step is amending the master plan land use designation, which is the
subject of this public hearing; and the third step is amending the zone map amendment, which
is the subject
of the next public
hearing. The fourth step
is an application for
sUbdivision/development of the parcel.
The
Senior Planner highlighted the findings contained in the written staff report. He
stated that four criteria are outlined in the master plan for review of applications for master plan
I land use designations; and those comprehensive findings are contained in the staff report.
The
Senior Planner stated that the Planning Board recognized there are environmentally
sensitive lands in the subject parcel. Based on
what is a perceived direction from the City
Commission to protect those lands through implementation of a critical lands assessment and
policy, the Board found the amendment was not consistent with the overall intent of the master
plan. He emphasized that the critical lands study and policy
is not designed to impede
development, but to guide and direct development in areas where sensitive lands have been
identified and to protect the Quality of life in the city and its jurisdictional area.
Mr.
Joe Sabol, attorney representing the applicant, introduced those who will be making
presentations on behalf of the applicant at this hearing, after which he briefly commented on
the staff report. He noted that the staff report and discussion at the Planning Board meeting
e revolved around the direction which the Planning staff believes it has received from the City
Commission regarding the critical lands assessment.
He stated that, without that perceived
direction, there is little doubt that staff and the Planning Board would have recommended
approval of this application. He noted that the minutes from the Planning Board meeting reflect
that, even though the Board recognized the merits of the proposed amendment, they felt the
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importance of completing the critical lands assessment prior to approval
of this type of
application outweighed the merits of the proposal. He suggested that
this application complies
with the master plan and the zone code to a greater degree than many
of the applications
which have been approved by past Commissions.
e Mr. Sabol expressed concern that the recommendation for denial is based on the fact
that a study of the critical lands in and around the community has not
yet been started, and
certainly has not been completed. He suggested that this represents a
change in the rules in
the middle of the game. He further noted that selective review has not
been the City's style
in the past, but has chosen to apply the rules equally on all applications
submitted.
Mr. Sabol stated that the information which has been prepared by the
applicant and the
documentation which has been prepared by the Planning staff represent
a more comprehensive
review of this subject parcel and its critical lands than any generic
community-wide critical
lands assessment will contain.
Mr. Joe Sabol noted that the master plan has been updated and amended
several times
since 1970; however, the same four criteria for review of master plan
amendments have
I remained in place. He noted that each of those four criteria is addressed in the staff report.
He reiterated his position that this was a difficult report for the Planning
staff to prepare, since
their recommendation would have been for approval if it had not perceived
the City
Commission's urgency in preparing a critical lands study applications
involving such lands being
approved.
Mr. Sabol reminded the Commission that the subject parcel has been designated
for
development since 1970; and its status has not been changed through the
various amendments
to the master plan.
He also noted that this application and the subsequent application have
been filed, in response to two of the seven conditions which staff recommended
in conjunction
with approval of the application for annexation. He then urged Commission
approval of this
application.
e Mr. Robert Lee, planning consultant representing the applicant, noted
that the staff
report suggests there are adequate optional sites for urban residential
development. He pointed
out that, rather than the decline in growth which was projected during
development of the new
master plan, growth has actually increased; and this has resulted in
a chronicled shortage of
lots in the last few years.
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Mr. Lee also noted that some of those areas in the community which were
designated
for urban residential development have been used in other ways, citing the Valley View Golf
Course as an example. He further noted that other areas
designated for urban residential
development have inherent problems, which make development extremely difficult.
e Mr. Robert Lee recognized that this master plan amendment would benefit the property
owner; however, he suggested that the amendment would not benefit just the property owner.
He noted, instead, that it will provide additional sites for urban residential development within
the urban growth area; and this could help to alleviate some of the housing shortage within the
community.
Mr. Jim Cummings, Thomas, Dean and Hoskins, addressed the issue of traffic,
noting
that his firm completed the traffic study for the subject property in October 1993 and the
update in March 1994. He stated that the impacts of this
subdivision are included in the
Bozeman Area Transportation Plan Update, which was completed last year. He then suggested
that, based on this master plan amendment and the subsequent zone code amendment, actual
traffic counts could be lower than projected in that update.
He also noted that when
I intersections in the area reach a Level C service, improvements must be made; however, at the
present time, those intersections enjoy a Level A service.
Mr. Bob Lee reminded the Commission that the subject parcel has been
planned for
residential development since 1973. He further suggested that appropriate development on this
parcel will not negatively impact the livability in the community.
Mr. Lee noted that staff has determined this application is inconsistent
with the overall
intent of the master plan because the critical lands assessment has not yet been completed.
He suggested that, in reality, this application is consistent with the master plan. He stated that
of the 31 goals in the master plan, 16 of them apply to this project; and of those 16, 8 should
be considered during subdivision review and this application complies with the remaining 8
goals.
e Mr. Don Hannah, applicant, stated there is a shortage of R-1 zoned lots
on the market
at the present time. He stated that the amount of property designated
for urban residential
development and the number of lots in that designation are not as critical as the number of lots
available for development.
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Mr. Hannah stated that a private underground sewer treatment system has
already been
approved by the Department of Health and Environmental Sciences for the subject property.
He stated this will allow for an economically feasible development to occur within the county,
at a density of up to six units per acre under the present zoning designation. He feels it would
. be ~ore beneficial to the entire community if this parcel were to develop within city limits. and
on city services.
Mr. Hannah stated that two extremes have been suggested for this 147-acre
parcel; and
he feels that neither of those would serve the community well. The first is that the entire 147-
acre parcel be acquired for a park, which he estimated would cost $4 to $5 million.
The
second extreme is to develop the parcel at a higher density than is compatible with the
surrounding neighborhoods. He then emphasized the importance
of providing parkland and
open space, which will help to protect wildlife habitat and the wetlands which exist on the
subject parcel, suggesting that this could be accomplished through clustered development.
As a result of concerns forwarded by Mayor Vincent, Mr. Hannah eliminated
references
to his proposal for development of this site from the remainder of his testimony.
I Mr. Hannah stated that development of this property could result in significantly more
parkland for the community. He noted that parkland from this site, when combined with the
7-acre McLeod Park and the 17 acres of parkland in Gardner Park Subdivision, could result in
73 acres of parkland and open space in this immediate area.
Mr. Hannah once again emphasized the benefits of having this 147-acre
parcel develop
within the city limits, on city water and sewer services. He also noted a secondary benefit for
the neighbors is that the sewer main would be close to their homes when their septic systems
fail. He expressed concern that septic systems in this area can pollute
the wetlands area,
which the City is so interested in protecting. He cited a recent
incident near Helena, where
septic systems for homes which were located further from a critical area than existing homes
in this area contaminated the groundwater. He pointed out the fact that development in the
. county will result in drilling of wells; and that could also negatively impact aquifers in the area.
Mr. Don Hannah concluded his presentation by noting that development
of this parcel
as a city development could result in more housing on the market. He stated that, even if this
housing is at an upper end level, it will result in movement throughout the spectrum of houses
10-03-94
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available, opening some of the more affordable units in the community for those who need
them.
Mr. Joe Sabol concluded the applicant's presentation by stating he feels
it would be in
the community's best interests to approve this master plan amendment.
e Mr. Carter Williams, stated that Sourdough Creek Properties, for which he was President
and a principal shareholder for 27 years, is the owner of the subject 147-acre parcel. He stated
that he and his sister purchased 500 acres in that immediate area 28 years ago, with the
purpose of developing it. In 1975, they prepared a master
plan for development of the
Sourdough Creek Properties parcel as a planned community; and that plan was presented to
the Planning Board. He further stated that the master plan includes this 147-acre parcel; and
that plan calls for much the same type of development that Mr. Hannah is proposing. He noted
that the plan included a total of 17 subdivisions, with every subdivision to be reviewed by the
Planning Board.
Mr. Williams stated he is proud of the development which has occurred
in the Sourdough
Creek Properties subdivisions to date. He noted that during an informal hearing on June 18,
. 1991, the Planning Board indicated that it could not support development of this subject 147-
. acre parcel in one-acre parcels, as the other subdivisions had been; rather, the Board indicated
it would prefer that this parcel be developed as a city subdivision. At this time, he has sought
a developer who would be interested in pursuing the steps necessary to develop this parcel as
a city subdivision; and Mr. Hannah has shown that interest.
Mr. Greg Vidmar, representing the Southwest Montana Building Industry
Association,
submitted a letter of support for this project to the Commission, which he read into the record.
He voiced their concern about the Planning Board's recommendation that this master plan
amendment be denied, based on the fact that the critical lands assessment and policy have not
been complete. He characterized this as a moratorium on growth,
which concerns the
Association, and asked the Commission to favorably consider this application.
. Mr. Guy Graham noted that he had attended this afternoon's meeting, where
one of the
issues discussed was establishing some predictability for developers who are bringing projects
to the City. He suggested that predictability should extend beyond affordable housing projects
to projects of this type as well. He noted that when the Commission considered annexation
of this subject parcel, issues which were identified included the need for a master plan
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---~ ----.
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amendment and a zone map amendment to allow urban density development. He stated that
with these directions, the Commission essentially made the statement that this project was
going to move forward. He noted this is the type of direction which developers look for when
determining whether to move forward to the next step, with the feeling that it will be approved.
e He then stated he feels it would be in the community's best interests to approve this master
plan amendment, and encouraged the Commission to do so.
Mr. Daniel Silverman, 210 Graf, explained that, while he is an investor in this project,
he is not a partner. He stated that his decision to invest in this project was based on the fact
that he believes it will be good for the community. He emphasized that to have
the site
develop as a city subdivision, with city services, is environmentally responsible; and he feels
that is an important issue to consider. He expressed concern about residents being forced to
move into the county, noting that they still impact the city services. He stated that by allowing
this subdivision to develop within the city will add to the tax base, to which the City is
rightfully entitled.
Mr. Silverman noted that Mr. Hannah is willing to listen to the concerns of those who
. have reviewed his plans for this site. He stated that is evidenced by the number of changes
that have been made in his development plans. He suggested that the neighbors should be
delighted with the changes which have been made in the plans to accommodate their concerns.
Mr. Silverman noted traffic concerns have been raised by the neighbors, despite the
figures which are contained in the comprehensive traffic analysis that has been prepared. He
further noted that the neighbors have also indicated an interest in access to the parkland and
trails which would be provided with this development. He stated that
if this master plan
amendment and the subsequent zone map amendment are not approved, those neighbors will
be trespassing if they walk across this subject 147 acres.
Mr. Silverman stated that if approval of this application is delayed for a year or two, until
after the critical lands assessment has been completed, this project will be killed.
He then
. encouraged the Commission to approve this application.
Mr. Russ Squire, Southwest Montana Building Industry Association, compared this
process to a football game. He noted that if the boundaries of a football field were changed,
it would represent a change in the rules; and he cautioned that to require that a critical lands
1 0-03-94
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33 -
assessment be completed before this application is considered would represent a similar change
of the rules.
Mr. Kevin Click, builder with a degree in land use planning, stated that a review of the
plans for development of this subject site are well thought out.
He then encouraged the
e Commission to approve the annexation and master plan amendment for this site, noting the
importance of development occurring within city limits rather than scattered throughout the
county.
Mr. Jim Goetz, attorney representing the citizens' group opposed to this application,
stated that the recommendation for denial of this application, as forwarded by the Planning
staff and the Planning Board, is not based solely on the fact that a critical lands study has not
been completed. He stated that, while he does not agree with everything which is included in
the professionally prepared staff report, he recognizes that the staff recommendation takes
several different issues into consideration.
Mr. Goetz then highlighted comments from the staff report.
He noted that staff has
identified adequate optional sites for urban residential development. He further noted that the
a infrastructure is not in place to serve the subject site, particularly fire protection and
transportation system. He drew attention to the fact that it is not until Point No.4 of Criteria
No.3 that the issue of the critical lands study is mentioned, under "affecting the livability of
the area or the health and safety of the residents".
Mr. Goetz stated he does not believe that the staff's recommendation
represents a
changing of the rules in the middle of the game.
He further suggested that including the
requirement for the applicant to seek a master plan amendment and a zone map amendment
as a part of considering the request for annexation does not reflect an anticipated approval of
those applications or guarantee annexation. He indicated it is unfair to suggest that the staff
or the Planning
Board is
proposing a moratorium on
development, based on the
recommendation which has been forwarded, rather, that recommendation recognizes the need
e to ensure that the public good and public interests are protected in light of the extensive
development occurring in the city and the county at the present time.
Mr. Goetz
encouraged the
Commission to support the
Planning staff in its
recommendation for denial of this application. He noted the benefits which the subject parcel
provides to the community in its current state and encouraged the Commission to protect it.
1 0-03-94
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Mr. Chris Pope, resident of Bozeman, noted the amount of concern which
has been
expressed about growth in the community. He characterized his position
as pro-growth, noting
that growth is necessary to the success of his small business. He recognized
the importance
of protecting this area, noting that this parcel represents one of the
few remaining green
e spaces. He further recognized the developer's concerns about a level playing field. He asked
that the Commission carefully consider the importance of this subject
parcel, noting that if the
site is developed, the community's children and their children will be
unable to enjoy an amenity
that currently exists.
Mr. Allan Taylor, 13 Trails End, stated he recognizes the importance
of ensuring that the
need for additional housing and the need to protect public open space
must be carefully
balanced. He asked the Commission to carefully consider the impacts that
development of this
parcel might have on the waters which flow from south of town through
a single culvert under
Main Street. He cautioned that covering a portion of this site with impervious
surfaces could
increase the amount of water in those streams entering the community.
He then emphasized
the fact that Planning staff has recommended denial, and encouraged the
Commission to
. concur with that recommendation.
. Dr. Robert McKenzie, 17 Trails End, provided a history of master plans
and Planning
Boards in the community from 1955 to date. He stated that the current
master plan calls for
protecting stream corridors and wetlands. He noted that Bozeman is one
of the most rapidly
growing areas in the state; and the Commissioners are receiving pressure
from developers to
allow them to develop.
Dr. McKenzie noted that the subject 147-acre parcel is traversed by four
separate
streams; and he characterized it as a special place that needs to be
preserved. He quoted from
a flood plain study completed in 1972, cautioning that floods result
in personal and economic
loss. He stated that allowing this parcel to remain undeveloped will
help to minimize flooding
in the Bozeman Creek corridor.
e Dr. Garth Voigt, 3318 Sundance Drive, stated that water does not pay
attention to
zoning lines. He then provided some data and statistics he has gathered
from studying a 1970
photograph which reflects the maximum stream capacity. He stated that
was based on 3.42
inches of rainfall in May; and a review of daily records at MSU from
1961 to date shows that
more than 3.42 inches of rainfall was incurred in May of 13 years, in
June of 14 years, and in
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--..
..
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July of 2 years during the period 1961 to date. He suggested that, in
light of those statistics,
the potential for flooding is very real. He expressed concern that covering
some of this ground,
which currently acts as a sponge, with impervious surfaces will compound
the potential for
flooding. He encouraged the Commission to deny th.is application.
e Mr. Van Haderlie, 3502 Good Medicine Way, showed the map of the area which he had
used in the public hearing on the annexation, which shows the different
types of soils which
exist on the subject site. He cautioned the Commission to not confuse
high water table with
wetlands, noting that the ground characteristics are substantially different.
He cautioned that
many of the soils in the area are not suitable for septic systems and
others are not suitable for
construction.
He then encouraged the Commission to carefully consider those issues, and
concur in the staff's recommendation for denial.
Mr. Terry Lonner, 3602 Good Medicine Way, addressed the issue of wildlife,
particularly
in an urban setting.
He stated that the Sourdough Creek area has an abundance of wildlife
because it is a high quality wildlife habitat.
He encouraged the Commission to carefully
consider protecting that habitat in making its decision on this application.
. Mr. Lonner then addressed the issue of property rights.
He stated that open space
. reduces crime and stress as well as providing wildlife habitat; and it is a benefit to the overall
community, improving the property values of those in the immediate area.
Mr. Lonner noted that when the subject site was zoned for residential
development
twenty years ago, little development was occurring. He asked that the
Commission remember
the provisions for protecting this type of area which are contained in
the master plan when
considering this application.
He also reminded the Commission of their unanimous decision
earlier this year to proceed with a critical lands study to ensure that
valuable resources are
protected. He then asked that the Commissioners consider the cumulative
effects of allowing
development to occur on what is currently open space and wildlife habitat.
Mr. Allan Taylor stated that those who have spoken in opposition to this
application
e represent over 300 signators on a petition which has been submitted to the Commission. He
suggested that to approve this requested master plan amendment and the
subsequent zone
map amendment is not in keeping with the spirit or intent of the master
plan update.
Mr. Taylor reviewed some of the goals contained in the master plan, noting
that the first
goal emphasizes the importance of identifying and protecting areas with
special characteristics
10-03-94
- 36 -
in the jurisdictional area.
He asked that the Commission consider the concerns which have
been expressed tonight as well as in other sessions about the possible
development of this
subject site. He then addressed the third goal, as it relates to natural
drainage characteristics.
He stated the subject site is essentially a wetland and its current agricultural
use is
e complementary to its serving as a wildlife habitat.
Mr. Taylor stated there is not a chronic shortage of homesites in Bozeman,
as has been
suggested, particularly since his research has shown over 2900 properties
and homes available
in the Bozeman area at this time.
Mr. Taylor then noted that at the time the Commission approved moving
forward with
the annexation of this parcel, it was specifically noted that annexation
is no guarantee that a
proposed subdivision or development will be approved; rather, annexation
would allow for
better control over development of that site. He then reminded the Commission
that they have
received a recommendation that this application not be approved.
Mr. Allan Taylor further stated that citizens groups have been formed
to assist in the
purchase of properties for the public; and this subject 147-acre parcel
is prime land for
. acquisition as open space.
. Mrs. Leonard Sargent, resident of Wood brook, stated that she and her
husband recently
sold the property they had owned for the past thirty years, placing much
of it in conservation
easement to ensure that it is not subdivided or developed. She suggested
that such a process
would have been appropriate for this subject parcel; however, that was
not done. She noted
that New York City has Central Park; and Bozeman should have this parcel
as an open space.
Mr. Brian leland indicated his full support for a critical lands survey.
He also indicated
that he does not see the need to rush into development of the subject
parcel. He then
encouraged the Commission to not approve this application at this time,
but to possibly
consider it at a later date, after the critical lands survey has been
completed.
Mr. Don Weaver indicated he is representing those who walk the Sourdough
Trail. He
e stated that Mr. Hannah has been cooperative in his dealings on the Sourdough Trail and the trail
network for that area, noting that those trails and attendant open space
will help to ensure that
wildlife is protected. He stated the problem with agricultural land is
that it is often plowed up,
providing no cover for wildlife and birds. He suggested that, through
appropriate development
of this subject parcel, it could become an excellent place for birds
and wildlife, particularly
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along the creek. He then encouraged the Commission to take those issues into consideration
when making its decision.
Mr. Dave Crawford, Thomas, Dean and Hoskins, provided a brief lesson
in hydrology.
He stated this subject 147-acre parcel is a very small piece in a big picture when considering
e the Bozeman Creek watershed. He noted that urban hydrology is different from rural
hydrology, with particular attention being paid to ten-year storm drainage and potential plugging
of storm sewers as opposed to the 1 DO-year flood potential. He addressed the reference to this
parcel as a 147-acre sponge. He noted, however, that much of this parcel is subject to a high
water table and poor soil conditions.
Mr. Jim Cummings stated that he has been involved as a consulting engineer
in over 200
public works projects for the City since the early 1960's. He estimated that 80 percent of the
properties annexed to Bozeman during that period of time have been subject to high ground
water and poor soil conditions. He noted that, through good engineering practices and today's
technology, however, development can occur on those parcels. He stated that the soil types
which have been discussed this evening can be found in Figgins Addition as well as along
I Goldenstein Lane, Wagon Wheel Road, Kagy Boulevard, South 19th Avenue, South 7th Avenue
at Garfield Street and Hayes Street, and North 15th Avenue.
Mr. Cummings stated he has worked on planning of the Sourdough Creek
Properties
subdivisions for the past 25 years. He noted that those subdivisions
which have been
developed within this master planned area have been nice ones; and those who have spoken
in opposition to this requested master plan amendment this evening, in fact, live in the
Sourdough Creek Properties.
Mr. Cummings stated that he believes a project can be developed which
will protect the
wetlands and wildlife habitat, probably through clustering. Open space can be maintained, with
more of an urban density residential development on those portions of the site which are
satisfactory for development; however, the overall level of development could be compatible
e with the surrounding areas.
Mr. Bill Schafer, Schafer & Associates, set up a chart on an easel, entitled
"Sundance
Springs Subdivision Wetland Definition and Identification", in preparation for his presentation.
Mayor Vincent cautioned that this is a rebuttal period only; and this
type of presentation
should have occurred during the applicant's
presentation. He gave the applicant's
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representatives a chance to discuss whether they wish to make this presentation, after which
the opponents will be given a chance to comment, or if they wish to withdraw. Following a
brief discussion, the applicant indicated that the formal presentation will be withdrawn.
Mr. Schafer then responded to some of the information submitted regarding the soils on
e the subject site. He stated that an investigation of the soils actually on the site sometimes
results in different findings than are portrayed on a general map of the area. He noted that the
areas designated as wetlands may only contain 5 to 10 percent wetlands; however, when
mapping, those are to be denoted. He assured the Commission that any development on the
site will be done through taking into consideration the soil limitations and the appropriate steps
for development on those types of soils.
Mrs. Sue Frye, ERA Landmark, responded to the comments forwarded by Mr. Taylor.
She stated that the multiple listing service shows that in Bozeman itself, there are 31 building
lots and residences, and maybe a dozen duplexes and tri-plexes on the market at the present
time, with possibly 50 lots in preliminary plat status. In areas 2, 3, and 4, which are located
outside the Bozeman city limits, there are less than 400 properties on the market.
She
. reminded the Commission that when there is a shortage, the price goes up; and this is in direct
. conflict to the City's desire to encourage more affordable units in the community. She stated
it is important to have quality growth; and she feels that can be accomplished under the
requested master plan amendment.
Mr. Joe Sabol recognized that approval of the annexation did not in any way guarantee
approval of this requested master plan amendment or the subsequent zone map amendment.
He then reiterated his position that the staff recommendation for denial of this application is
based on the fact that a critical lands assessment has been identified as an important document
to be completed to ensure that such lands are appropriately protected. He then encouraged
the Commission to approve this application.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
e
Public hearing - Zone Map Amendment - Don Hannah for Sourdouah Creek PrODerties - chanqe
zoning from R-S to R-1. R-3 and B-1 - COS No. 1735. located in the NE%. Section 25. T2S.
R6E. (147.23 acres located at the northeast corner of the intersection of South Third Avenue
and Goldenstein Lane) (Z-9493)
This was the time and place set for the public hearing on the Zone Map Amendment
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from "R-S", Residential--Suburban Country Estates, to "R-1 ", Residential--Single-family, Low-
density, "R-3", Residential--Medium-density, and "B-1", Neighborhood Service District, as
requested by Don Hannah for Sourdough Creek Properties, under Application 2-9493, for a
147.23 acre parcel known as Certificate of Survey No. 1735, located in the northeast one-
e quarter of Section 25, Township 2 South, Range 6 East, Montana Principal Meridian. The
subject property is more commonly located at the northeast corner of the intersection of South
Third Avenue and Goldenstein Lane.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He reminded the Commission
that this is the same parcel that was the subject of the master plan amendment in the previous
public hearing. He indicated that the written staff report, which was previously submitted to
the Commission, contains a listing of the twelve criteria under which zone map amendments
are to be reviewed; and the comprehensive staff findings are found in that report. He stated
that, following review of the twelve criteria, staff comments and public testimony, the City-
County Planning Board has forwarded a recommendation for denial of this application, since
, a critical lands study has not yet been completed.
Mr. Joe Sabol, attorney representing the applicant, directed the Commissioners' attention
to the staff report. He emphasized the fact that the Planning Board recommendation is based
on the fact that a critical lands study has not been completed. He noted that as one reviews
the twelve criteria for consideration of a zone map amendment and the staff findings for each,
it appears that the requested amendment meets most of those criteria. He stated that, for the
most part, the applicant concurs with the staff recommendations. He indicated, however, that
he does not agree with the statement that urban growth, at any density, without a critical lands
assessment, is inappropriate. He noted that the master plan and the zone code are already in
place; and he feels there are sufficient controls in those two documents to ensure appropriate
development within the community. He then encouraged Commission approval of
this
e requested zone map amendment.
Mr. Bob Lee, planning consultant representing the applicant, addressed each of the
twelve criteria and staff's comments as contained in the written staff report. He reviewed the
purpose and intent of each of the zones requested, noting that R-3 is designed to buffer the
R-1 zoning from the intersection of Goldenstein Lane and South Third Avenue, with its small
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parcel of B-1 zoning; and the PLI zoning is located adjacent to McLeod Park, thus creating a
larger park area. He noted that the issue of emergency services and response times has been
raised in the staff report. He noted, however, that reference was not made to a letter from Fire
Chief Holst in which he indicated that the possibility of constructing a new fire substation on
e the south side of town is being considered. If
that occurs, the response time will be
dramatically reduced, to an acceptable level.
Mr. Lee stated that the proposed R-1 zoning will not allow greater density than the
existing R-S zoning. He noted that, while the R-S zoning allows the construction of up to six
dwelling units per acre, the R-1 zoning allows only four dwelling units per acre. He then noted
that, no matter what the zoning designation, only 65 percent of the subject 147-acre parcel
is usable for development.
Mr. Lee then addressed the potential impacts which development of this site may have
on the school system. He noted that the School District
has already decided to construct a
new elementary school and a new middle school in this immediate area, which suggests they
have recognized that this is the area in which growth is occurring.
I Mr. Lee took exception to the characterization of this site as "a pristine. natural setting".
... He noted that pristine means untouched; and at the present time, it is in agricultural use. He
reminded the Commission that since 1972,
this site has been zoned for residential
development. He cautioned that through urban zoning and regulations,
development of this
land can occur in a manner which will ensure protection of the sensitive areas.
He further
noted that with development of the site within city limits, the City's tax base will be enhanced.
He noted that at the present time, there are roughly 22,000 people paying for the infrastructure
which is used by 50,000 people.
Mr. Jim Goetz, attorney representing the citizens' group opposed to this application,
asked that his comments pertaining to the master plan amendment be incorporated into this
public hearing as well. He then addressed the issues of public
services and emergency
e services. He quoted excerpts from several of the responses forwarded, cautioning
that the
impacts on essential and emergency services have been identified.
He stated that each of
those responses indicates that development of this parcel will stretch City services, both in the
areas of capacity and distance.
Mr. Goetz argued that this requested zone map amendment does not meet the twelve
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criteria against which an application must be considered. He stated concurrence with most of
the comments contained in the staff report. He noted that, while development plans are not
to be addressed under this type of review, care must be taken to recognize that under the
proposed zoning, under certain conditions, six to twenty dwelling units could be constructed
e per acre. He also stated that commercial development in this area is inappropriate.
Mrs. Martha Lonner, 3602 Good Medicine Way, stated she has submitted a letter
containing a series of questions. She noted that she had originally
requested that these
questions be addressed prior to annexation; however, they have not been addressed to date.
She then asked that those which pertain to the zone map amendment be addressed at this
time.
Mr. Lou Spain, 1405 South Black Avenue, stated objection to the portions of the
application which change the zoning from R-S to R-3 and B-1. He owns the land immediately
to the east of this portion of the site; and he does not believe that medium-density residential
and commercial development are appropriate for that area.
He stated that he voiced these
concerns to Mr. Hannah last week. He expressed concern about
the types of development
I which could occur in the R-3 and B-1 zoning districts, stating he does not mind being called a
"NIMBY" because of his views.
Mr. Spain asked the Commission to carefully consider the positions of those who have
lived in the Bozeman area and paid taxes over a number of years. He noted that Mr. Hannah
has resided in Bozeman for a short period of time; and he has admitted that he plans to develop
this site for profit. He stated that he is a fifth generation Bozeman
native; and he owns the
oldest business in Bozeman, which was established in 1879. He then asked the Commission
to respect his views when making a decision on this requested zone map amendment.
Mrs. Jesse Nelson, 9 Trails End Court, stated her opposition to the proposed commercial
area. She suggested that the site is too close to the Kagy Corner complex to be successful.
Responding to the questions raised by Mrs. Lonner, City Manager Wysocki stated that
e all of them relate to a specific project and are, therefore, more appropriately addressed during
that type of review rather than under this process.
Senior Planner Skelton cautioned that the potential development of the subject site is not
under consideration this evening, rather consideration is to be limited to the requested master
plan amendment and zone map amendment, and whether they meet the criteria which have
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been set forth for such reviews. He recognized that those who live in
that immediate area are
used to the R-S zoning designation; and it is one with which they are
comfortable. He
cautioned, however, that with annexation, that zoning designation is
not allowed to remain.
He suggested that the Commission may wish to approve the requested R-1
zoning but not the
e R-3 and B-1 zoning.
Mr. Jim Cummings, consulting engineer representing the applicant, addressed
the
comments about public services. He noted that when the property to the
north was annexed,
staff wrote letters in support of the proposed annexation, recognizing
that it provided a logical
extension of services. He further noted that with the construction of
two new schools in the
immediate area, it appears the School District has consciously recognized
that this is the area
where those new buildings are needed.
Mr. Bob Lee stated that a letter from Dr. Paula Butterfield, Superintendent
of Schools,
dated March 8, 1994, and received on March 11, 1994, indicates that the
School District
remains neutral on the question of annexation.
He also noted that in a letter from Fire Chief
Aaron Holst, dated April 1, 1994, the Chief suggests that with the potential
construction of
, a new fire substation on the south side of town, adequate fire services could potentially be
provided to the site.
Mr. Joe Sabol concluded by stating that, on balance, the proposed zone
map amendment
meets the twelve criteria under which this type of application is analyzed.
He stated that a
careful review of the minutes from the Planning Board meeting at which
this was considered
reveal that, except for the staff indication that a critical lands study
is imperative, the Board
generally concurred that this application meets the review criteria.
He then asked the
Commission to carefully review the application, and to approve the requested
zone map
amendments.
Since there were no Commissioner objections, Mayor Vincent closed the
public hearing.
He then requested that this decision and the decision for the previous
public hearing, pertaining
e to the master plan amendment, be placed on the October 24 agenda.
Adjournment - 11 :47 p.m.
There being no further business to come before the Commission at this
time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the
meeting be
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adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and
Mayor Vincent; those voting No, none.
.
ATTEST:
GJi: ;/~
ROBIN L. SULLIVAN
Clerk of the Commission
I
e
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