HomeMy WebLinkAbout1994-08-01 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,
MONTANA
August
1, 1994
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e The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 1, 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
Mayor Vincent deferred action of the minutes of the regular meeting of
July 11, the
special meetings of July 12 and 15, the regular meeting of July 18, the special meetings of
I July 19 and 22 and the regular meeting of July 25, to a later date.
Decision - aDDeal of Planning Board's decision for apDroval of maior site Dlan to allow
construction of 85 residential condominiums on 19.09 acres - COS No. 1917. located in the
NW~. NE~. Section 11. T2S. R5E. MPM (2400 Durston Road) -
Human Resource
DeveloDment Council (Z-9452)
This was the time and place set for the decision on the appellate hearing
on the
appeal filed by the Human Resource Development Council of the Planning Board's decision for
approval of a major site plan for Willowbrook, to allow the construction of 85 residential
condominiums on 19.09 acres, under Application No. Z-9452. The subject parcel is known as
Certificate of Survey No. 1917, located in the northwest one-quarter of the northeast one-
quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and is
e more commonly located at 2400 Durston Road.
Included in the Commissioners' packets was a copy of a letter from Assistant
Planner
Lanette Windemaker to Ken LeClair, dated July 26, regarding proposed revisions to conditions
of approval resulting from a meeting between the property owner, the applicant and
representatives of the City.
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City Manager Wysocki reviewed some of the proposed revisions, noting that staff has
recommended that the requirements for paving of West Beall Street and North 25th Avenue
be extended to the middle of the intersections involved. He stated that on Condition No.7,
staff has recommended that the sidewalks along Durston Road be installed in conjunction with
e Phase I and that the sidewalks along West Beall Street and North 25th Avenue be installed in
conjunction with the streets. Condition No.9 is to be amended to require a graveled secondary
access to West Beall Street prior to Phase III or when the driveway from Durston Road exceeds
500 feet, with that secondary access to be barricaded. Condition No. 15 is to be amended to
reflect that the figures contained in the conditions are strictly estimated payback costs, and are
not necessarily designed as the figures to be contained in the payback agreement between the
City and HRDC.
The City Manager stated that the last page of the letter contains estimated payback
costs for each of the lines involved. He then stated that since the final payback costs will not
be determined until after the agreement has been executed by the City and HRDC, he does not
believe that the recommended condition conflicts with the existing agreement between the City
I and HRDC.
The City Manager noted that a couple additional items have been entered into
discussions pertaining to this appeal; however, they may not be considered in this decision-
making process.
Responding to Commissioner Frost, the City Manager stated that, since portions of
West Beall Street and North 25th Avenue lie outside city limits, it may be necessary to utilize
a joint SID/RID for improvements. He then stated that the alignment of West Beall Street has
been pushed southward against the north boundary of the HRDC property, rather than dividing
the Fellows property and creating a very narrow strip of land along the south side of the
roadway. He noted that with this adjustment, the property owner along the south side of the
street and the property owner along the north side of the street will be responsible for one-half
e a local street standard; and at some time in the future, that may result in the City's becoming
involved in those costs which will be assessed against the HRDC property.
Responding to Commissioner Youngman, the City Manager stated that improvements
to West Beall Street and North 25th Avenue could be required at the same time, even though
the recommended conditions provide for two different times. He noted, however, that if West
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Beall Street is installed earlier, an alternative route into town would then be available. He then
suggested that if the Commission wishes, improvements to both roadways could be required
prior to any homes being constructed in Phase V.
Further responding to Commissioner Youngman, City Manager Wysocki stated that
e these proposed revisions to the conditions have been reviewed by the Human Resource
Development Council, the property owner and the applicant. He stated that, while these
conditions do not meet what the HRDC was anticipating in terms of a payback, the calculations
are based on the actual length of the water and sewer lines involved in the payback. He noted
it is now the Commission's decision.
Responding to questions from Commissioner Stiff, Planning Director Epple stated that
the Improvements Agreement for this property, which will include any waivers of right to
protest the creation of future SID's, will be recorded at the Clerk and Recorder's office after
execution and will, therefore, surface in any title report.
At Mayor Vincent's request, City Attorney Luwe reviewed the alternatives available
to the Commission, which include upholding the decision of the Planning Board, overturning
I the decision of the Planning Board. or modifying the decision of the Planning Board. He noted
that in this instance, staff is suggesting that the decision be modified by revising some of the
conditions for approval.
Responding to Commissioner Stueck, Planning Director Epple stated that the proposed
payback fees are for the payback only, and that the tap fee is a separate fee paid at the time
the service line is installed.
Responding to Commissioner Youngman, the City Manager stated that he does not
believe the recommended conditions conflict with the fact that a payback agreement has not
yet been finalized.
City Attorney Luwe stated that the Human Resources Development Council appealed
the conditions approved by the Planning Board because they felt those conditions did not
e satisfy the terms of the agreement between HRDC and the City. He acknowledged that the
conditions do contain estimated payback amounts; however, he noted they are identified as
estimates, recognizing that an agreement has not been finalized. He further noted
that the
agreement between the City and HRDC does not require that the payback amount be finalized
before taps are allowed to the line.
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It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission modify the Planning Board's decision on the major site plan,
under Application No.
Z-9452, to allow construction of 85 residential condominium units on
19.09 acres known as
Certificate of Survey No. 1917, located in the northwest one-quarter
of the northeast one-
e quarter of Section 1 t, Township 2 South, Range 5 East, Montana Principal Meridian, by
amending the conditions to read as follows:
1. Approval
is contingent upon the annexation of the property to the
City
of Bozeman,
and obtaining the appropriate
zoning
designation;
2. The
single development identification sign must comply with the
zoning
ordinance, in that a) it must be designed as a "low profile"
sign;
b) cannot be higher than five feet; and, c) cannot exceed 12
square
feet in sign area. A detail of the sign must be included on
the
final site plan;
3. The
landscaping plan must be prepared and certified by either a
registered
Montana Landscape Architect; an individual with a
degree
in landscape design and two years of professional design
experience;
or an individual with a degree in a related field and at
least
five years of professional design experience. The landscape
plan
must include tabulation of landscaping requirements and
enhancements.
The landscaping plan may be approved with
, phases;
4. Development phases shall be clearly delineated
on the final site
plan and a phasing schedule provided for the review
and approval
of the
Planning office;
5. A 45-foot
right-of way, as measured from the section line, must
be dedicated
for Durston Road along all of Fellows property
between
North 25th Avenue and North 23rd Avenue. The
developer
shall grant a 60-foot-wide roadway and utility easement
for
West Beall Street in an alignment immediately adjacent to
West
Babcock Subdivision (HRDC);
6. The
developer shall design and construct a City-standard street
from
the existing improved end of West Beall Street to connect
with
the existing North 25th Avenue presently traveled way
(south
of the future West Beall Street intersection, which
currently
serves Simkins and Egbert Subdivisions) through a SID,
and/or
RID, and/or mutual agreement between the developer and
the
City of Bozeman, and/or by other means determined by the
City
of Bozeman. The design of the street shall occur with Phase
3 (prior
to permits for Phase 4). The construction of the street
e shall
occur with Phase 4 (prior to permits for Phase 5). The
developer shall be ultimately responsible for
the costs of one-half
of a City standard street consisting of 1 6 Y2
feet of pavement, plus
curb,
gutter, storm drainage appurtenances and sidewalk adjacent
to this
property from the existing improved end of West Beall
Street
to the centerline of North 25th Avenue. The cost of design
and
construction shall be included in the SID and/or RID, if these
options
are selected;
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7. Sidewalks
on Durston Road must be installed along all of Fellows
property
between 25th Avenue and 23rd in conjunction with
Phase
I. Sidewalks along West Beall Street and North 25th
Avenue
must be installed in conjunction with construction of
those
streets;
8. Developer
shall file with the Gallatin County Clerk and Recorder's
Office,
prior to final site plan approval, an executed waiver of right
e to protest
the creation of SID's for future improvements to
Durston Road, to include paving, curb/gutter,
sidewalk and storm
drainage, and for signalization of the intersection
of Durston Road
and
North 19th Avenue. Developer shall file with the Gallatin
County
Clerk and Recorder's Office, prior to final site plan
approval,
an executed waiver of right to protest the creation of
RID's/SID's
for future improvements to West Beall Street and
North
25th Avenue, to include paving, curb/gutter, sidewalk and
storm
drainage. A copy of the final documents must be submitted
to the
Planning office prior to the final site plan approval;
9. Prior
to construction of Phase 3, or 500 feet of driveway access
length
from Durston Road, a graveled secondary emergency
access
to the existing West Beall Street must be provided. This
access
shall be barricaded at both ends in a manner acceptable to
the
Fire Department, until the permanent paved access to West
Beall
Street is completed;
10. Driveway
access must be improved (paved) from Durston Road to
West
Beall Street prior to construction of dwelling units in Phases
7, 8,
9 and/or 10, or prior to construction of the 51 st dwelling
I unit.
Driveway access for each phase must be improved (paved)
prior to occupancy;
11. Developer must obtain written approval from Farmer's
Canal
Company
for the proposed
handling of the
canals and
stream/ditch
crossing this property prior to submission of final site
plan.
A 310 permit and/or any other applicable permits must be
obtained
prior to final site plan approval;
12. The
developer shall submit a legal instrument providing for the
perpetual
maintenance of the landscaping, common open space,
parking
lots and driving lanes, and the stream/ditch and irrigation
canals.
The instrument shall include a guarantee and cost
assessment
process;
13. Developer
shall file with the Gallatin County Clerk and Recorder's
Office,
prior to final site plan approval, an executed waiver of right
to protest
the creation of SID's for a park maintenance district.
A copy
of the final documents must be submitted to the Planning
office
prior to the final site plan approval;
14. Final
site plan must include the required number of parking
e spaces;
183 regular plus 6 accessible spaces. The 19 exterior
spaces should be distributed throughout the site
and screened
from residential adjacency;
15. Developer
must make the following paybacks prior to construction
of the
infrastructure;
1) Main
Mall sewer at $ .01/sf of property to be paid to
the
City of Bozeman, for subsequent dispersal to the
previous
developer.
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2) HRDC
10-inch water main payback at an estimated
$.21/sf
(final cost
to be determined upon
final
completion
of the water main installation).
3)
HRDC 8-inch water main - one (1) fire hydrant
payback
at an estimated $0.05/sf
(Va of original
estimated
$.15/SF) on 2.47 acres. Final cost to be
determined
upon final completion of the water main and
e fire
hydrants installation;
16. A Stormwater Drainage/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
prior to final site plan approval. The plan must
demonstrate
adequate site drainage (including sufficient spot
elevations),
stormwater detention/retention basin details (including
basin
sizing and discharge calculations, and discharge structure
details),
stormwater discharge destination, and a stormwater
maintenance
plan;
17. Developer
shall restrict parking on one side of each interior
driveway,
and shall delineate a pedestrian walkway in that
location,
with the location and final design subject to approval of
the
Planning Director;
18. The
dead end driveway shown in Phase 10 shall directly access
onto
North 25th Avenue, unless at Phase 8 the City determines
that
a 28-foot-wide driveway connection between the dead end
driveways
of Phases 8 and 10 or an emergency only access to
I North
25th Avenue is more appropriate;
19. The developer shall design and construct a City-standard
street
(North 25th Avenue) from Durston Road to West
Beall Street
through
a SID, and/or RID, and/or by mutual agreement between
the
developer and the City of Bozeman, and/or by other means
determined
by the City of Bozeman. The design of street shall
occur
with Phase 3 (prior to permits for Phase 4), unless the City
determines
that a later
Phase is more
appropriate. The
construction
of the street shall occur with Phase 4 (prior to
permits
for Phase 5), unless the City determines that a later Phase
is more
appropriate. The developer shall ultimately be responsible
for
the costs of one-half of a City standard street consisting of
16%
feet of pavement, plus curb, gutter, storm
drainage
appurtenances
and sidewalk adjacent to this property from the
centerline
of Durston Road to the centerline of West Beall Street.
The
cost of design and construction shall be included in the SID
and/or
RID, if these options are selected;
20. Seven
(7) copies of the final site plan, with dimensions and line
weighting,
containing all of the conditions, corrections and
modifications
approved by the Planning Board shall be submitted
e for
review and approval by the Planning Director within six
months of the date of approval;
21. 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
estimated, construction plans and methods of security shall
be made
a part of that Agreement;
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22. A building
permit must be obtained prior to the work, and must be
obtained
within one year of final site plan approval. Building
permits
will not be issued until the final site plan is approved.
Minor
site surface preparation will be allowed upon conditional
approval
by the Planning Board but prior to final site plan approval
and
issuance of a building permit. This shall include excavation
for
foundations and the preparation of forms; however, no
concrete
shall be poured and no further construction shall
e commence
until final site plan approval;
23. If occupancy of the structure is to occur prior
to the installation
of all
improvements, the Improvements Agreement must be
secured
by a method of security equal to one and one-half times
the
amount of the estimated cost of the scheduled improvements
not
yet installed. Said method of security shall be valid for a
period
of not less than
12 months; however,
all on-site
improvements
shall be completed by the applicant within nine
months
of occupancy to avoid default on the method of security;
24. Within
60 days of final completion of all site work, the applicant's
licensed
architect or engineer overseeing the project shall certify
to the
City-County Planning Department that all improvements
have
been completed in accordance with the approval of final site
plan;
and
25. In addition
to the above stated conditions, any applicable City
Engineer
conditions as outlined in the memo of May 25, 1994.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
I Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
those voting No, none.
Decision - P.C. DeveloDment. Inc. - (a) CUP for PUD - allow a nine-lot business/commercial
develooment (Z-9458): and (b) preliminarv olat for Valley Commons Business Park Subdivision
PUD to create nine lots with a Drivate street (P-9424) on 15.02 acres located in the SE~ and
SW~ of the SE~. Section 10. T2S. R5E. MPM (3290 West Babcock Street)
This was the time and place for the decision on applications forwarded by P.C.
Development, Inc., for development of 15.2 acres located in the Southeast one-quarter and
Southwest one-quarter of the Southeast one-quarter of Section 10, Township 2 South, Range
5 East, Montana Principal Meridian, as follows: (a) for a Conditional Use Permit for a Planned
Unit Development, under Application No. Z-9458, to allow a nine-lot business/commercial
e development; and (b) for a preliminary plat Planned Unit Development for Valley Commons
Business Park, under Application No. P-9424, to create nine lots with a private street. The
subject property is more commonly located at the northeast corner of Ferguson Avenue and
U.S. 191.
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Responding to questions from Commissioner Frost, Planning Director Epple stated that
the four specific uses listed for Lots 3 and 4 is more restrictive than the list of BP uses.
Responding to additional questions from Commissioner Frost, Mr. Mike Potter stated
that any underlying BP uses could be constructed on any of the lots. He then stated it is their
e intent to create a development which includes a combination of shops and offices. He then
noted that in the list of uses, it has simply addressed those non-BP uses for each lot, with the
underlying assumption that the allowed BP uses would remain in place. He then noted that,
on that basis, offices would be allowed on Lot 2.
Responding to Commissioner Youngman, Planning Director Epple stated that Assistant
Planning Director Arkell had not prepared formal responses to the questions which she had
submitted. He did, however, review the notes from the file, which do provide
the answers.
He noted that the issue of not allowing bars and casinos is already addressed in the
recommended conditions. With the fact that the number of non-BP uses per lot is limited, it
is not possible to reach a 78-percent level of retail use in this development, although it is
difficult to determine exactly what percentage it might be. The zone code specifically prohibits
I glare from lights and signs within the development impacting surrounding properties and public
rights-of-way; and that prohibition should adequately address concerns about lighting within
the development. The Planning Director noted that concern about trash was raised. He noted
it is possible to require exterior publicly-accessible trash cans, in an effort to minimize that
potential. He then stated that calculations reveal that adequate off-street
parking is being
provided within this development. He noted that since much of the parking is designed with
"nose to nose" stalls, it is possible for large vehicles to pull through and use two stalls to park.
He cautioned that parking is allowed on public streets, unless otherwise posted; and there is
no way to require that all vehicles park within the development. He noted that if the on-street
parking becomes a problem, that is an enforcement issue rather than a zone code issue.
Further responding to Commissioner Youngman, the Planning Director reminded the
e Commission that the current master plan contains a high degree of flexibility which was not
available under the previous master plan. He also noted that under the list of conditional uses
in the BP zoning district in the zone code the last item is "any use approved through a PUD".
He noted the key to the master plan is the concept that any uses can be made compatible with
any adjacent land use through good site planning. He also noted
that the traffic generation
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calculations reflect that the difference between traffic generated by this proposed development
and a development which is in strict compliance with the BP zoning is very minimal. He also
noted that the Engineering Department has reviewed those figures and will require any
additional information on levels of service at specific intersections as they determine necessary.
e He then suggested that the issue of making Yellowstone Avenue less appealing as a through
corridor, possibly through the installation of traffic circles, should be discussed with the
Engineering Department and administration before any possible condition is added.
Planning Director Epple then addressed the issue of security lighting
along Fallon
Street, suggesting that the typical street lights would probably be more appropriate along that
street frontage than the lights which are to be located within the development.
Responding to questions from Commissioner Youngman, the Planning Director
indicated it would be possible to require that the street lights be installed prior to development
of any of the lots, rather than at the time a lot is developed, based on public safety concerns.
The Planning Director noted there is extensive documentation on the installation
of
a traffic signal at West Main Street and Ferguson Avenue. He cautioned the Commission that,
. until traffic warrants are met, the Department of Transportation will not approve the installation
of that signal.
Responding to Commissioner Youngman, the Planning Director stated that
when
people contact the Planning office about uses allowed in the BP district, staff not only reviews
the list of uses allowed, but cautions that through the PUD process, that list of uses can be
substantially expanded.
Planning Director Epple continued to respond to the list of questions
forwarded by
Commissioner Youngman. He noted that off-site traffic impacts
are a big concern with any
proposal. In this instance, impacts to West Babcock Street is a concern;
and that may be
adequately addressed with the applicant's efforts to encourage traffic to use West Main Street
and Ferguson Avenue to reach the site.
e The Planning Director noted that the covenants prohibit the retail uses
about which
residents in the area are most concerned. He then cited several examples in Bozeman where
commercial development is located adjacent to residential development, noting that through
screening and other buffering mechanisms, the impacts can be minimized. He further reminded
the Commission that this subject tract has always been designated for some type of
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technology/business development, although retail development was not allowed until the
current master plan was adopted.
Responding to Commissioner Youngman, the Planning Director stated it
would be
possible to extend the hours of operation to include all of the development, except possibly for
e the hotel, rather than just those lots adjacent to Fallon Street.
Further responding to Commissioner Youngman, the Planning Director stated
it would
be extremely difficult to limit the numbers of non-BP uses allowed within the development at
anyone time, particularly with the potential of constantly changing uses.
Commissioner Stiff stated his concerns revolve mainly around the movement
of
traffic. He noted that the perceived problems on Yellowstone Avenue are
anticipated to
increase with this development. He further noted there has been
discussion about the
installation of traffic circles to minimize those problems; however, he does not really support
that idea. He stated, rather, the only way to solve the problem is by creating better alternatives
for traffic movement that are attractive. He noted the
applicant's interest in a payback
mechanism for other large landowners along Ferguson Avenue, particularly in light of the fact
. that a number of them along both sides of Ferguson Avenue have either submitted applications
for development or are about to submit applications. He then stated that, while he recognizes
that Yellowstone Avenue is a problem, no one has arrived at a good answer.
He suggested
that addressing Ferguson Avenue and Fallon Street might be the better approach.
Commissioner Stiff noted that one of the conditions for approval of this
application
is that the applicant provide 15 Y2 feet of asphalt paving on Ferguson Avenue between West
Babcock Street and Durston Road. He suggested that the condition be amended to require that
the applicant also provide 15 Y2 feet of asphalt paving along Durston Road from Ferguson
Avenue to the existing paving.
Commissioner Stiff then stated that, for him to support any of the large
acreage
developments proposed in this area, it is imperative that the developers get together and begin
e to solve the transportation problems. He noted the need to extend Fowler Avenue from U.S.
Highway 191 to Durston Road, engineering design for West Babcock Street from Fowler
Avenue to West Main Street and engineering design for Durston Road from North 7th Avenue
to Ferguson Avenue.
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Commissioner Stiff noted that water and sewer services are available in this area; and
the area is master planned as a growth area, all the way to Cottonwood Road. He suggested
that if this area is to be developed, then steps must be taken to move the traffic generated by
the development.
e Commissioner Frost stated it appears that three conditions need to be added to
approval of this application, pertaining to (1) payback for improvements to Ferguson Avenue,
(2) traffic signal at U.S. Highway 191 and Ferguson Lane and (3) street lights along Fallon
Street. He suggested that a condition be added which requires that street lights be put in on
Fallon Street and Valley Commons Drive in conjunction with boulevard landscaping and
sidewalk improvements, noting this will eliminate the need to tear out improvements later to
accommodate the installation of lights. He also noted that this will address any public safety
issues that might arise if the installation of lights were tied to the development of each lot.
Responding to Commissioner Stueck, Mr. Mike Potter stated that the street lights will
be served by a common meter owned by the property owners' association.
Responding to Commissioner Frost, Commissioner Stiff stated he feels that requiring
. the large landowners along Ferguson Avenue must recognize the need to mitigate impacts on
roadways which their projects may create. He stated that includes not only improvements to
Ferguson Avenue but engineering design of Durston Road from Ferguson Avenue to North 7th
Avenue.
Commissioner Frost questioned whether the Commission can approve this application
with a condition on development of other large land holdings in the immediate area.
City Manager Wysocki cautioned that the Commission must act on this application
as a freestanding application. He then suggested the Commission can direct staff to be aware
that any development in this area must agree to participate in the improvements which have
been required of this applicant for this development.
Responding to Commissioner Frost, Planning Director Epple stated
it is his
e understanding that, prior to final site plan approval for any development projects in this area,
the engineering design and specifications for improvements to West Babcock Street must be
in place, based on Commission discussion surrounding other recent projects.
Commissioner Frost stated he feels it is important to be fair to this developer, rather
than requiring him to bear all of the costs of engineering design.
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The City Manager suggested that it might be possible to somehow recognize
this
developer's upfront costs for engineering design when a special improvement
district is created
for installation of the improvements, provided the subject property is
included within the
boundaries of the district.
e Planning Director Epple noted that in his letter of July 25, Mr. Potter suggests a
payback for some of the major improvements. He suggested that engineering
design for West
Babcock Street could possibly be subject to those same payback provisions.
Responding to Commissioner Stueck, City Attorney Luwe cautioned that
the City
cannot require the applicant to participate in the costs of any improvements
that have already
been installed.
Commissioner Frost stated his support for including the engineering design
for West
Babcock Street in the payback provisions.
He also stated support for the requirement for
paving of Ferguson Avenue, with a payback provision, as contained in
the applicant's letter of
July 25. He also stated support for requiring the installation of lights
along Fallon Street, citing
that as a safety issue.
. Commissioner Frost suggested that a condition pertaining to the traffic
signal at U.S.
191 and Ferguson Avenue be added; the Planning Director suggested that revision of one of
the recommended conditions could accommodate that item.
Commissioner Youngman stated herconcurrencewith CommissionerStiff's comments
regarding Yellowstone Avenue, noting that improvements to Ferguson Avenue,
Fallon Street
and Fowler Avenue should address the problems. She noted, however, that
because of the
number of people who are currently using Yellowstone Avenue to gain access
to the new
USDA building, she feels that making Yellowstone Avenue less appealing
should also be
considered. She suggested this could be accomplished through the installation
of four-way
stop signs or possibly traffic circles at Toole Street and Ravalli Street.
Commissioner Frost stated his support for requiring traffic circles on
Yellowstone
e Avenue, noting that four-way stop signs will not meet warrants. He noted that traffic circles
tend to slow traffic, which is an important factor.
Commissioner Stueck stated he does not support the idea of requiring
traffic circles
on Yellowstone Avenue at this time. He suggested that improvements to
West Babcock Street,
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Fowler Avenue and Ferguson Avenue should be accomplished before any changes
are
considered for Yellowstone Avenue.
Commissioner Stiff stated his concurrence with Commissioner Stueck's
comments,
noting it is more important to provide better traffic circulation patterns
than it is to impact
e traffic movements on existing streets.
City Manager Wysocki reminded the Commission of the existing policy regarding
traffic circles, and the fact that the policy requires the residents
in the immediate area to bear
the costs of a permanent traffic circle, if a temporary circle proves
beneficial.
Responding to Commissioner Youngman, the City Manager noted that the
USDA
building is the only non-residential structure in the Valley Unit Subdivision
at this time. He also
noted that has been recently constructed; however, comments about the
traffic on Yellowstone
Avenue are not new.
He stated that, if the Commission so desires, it could require the
developer to install a couple of temporary traffic circles.
Commissioner Youngman stated support for that suggestion, noting it could
be
removed when Ferguson Avenue and Fowler Avenue are constructed.
I Commissioner Stiff stated he does not support the suggestion.
Commissioner Stueck stated that the traffic circles will require engineering.
He
suggested that, rather than requiring the developer to install them immediately,
the Commission
could ask staff to address the issue.
City Manager Wysocki reminded the Commission that Yellowstone Avenue
was
designed to function as it does. He noted that the subject parcel has
always been designated
for business park type development, with no direct access onto U.S. 191.
Responding to Commissioner Stiff, the Planning Director stated that the
restriction
on business hours on certain lots within the development is 7:00 a.m.
to 11 :00 p.m. He then
stated that under the proposal forwarded by Commissioner Youngman, that
restriction would
apply to all development within the PUD except for a motel.
e City Manager Wysocki asked the Commissioners to respond to the suggestion
that
the applicant be required to provide engineering design for West Babcock
Street and Durston
Road, with a possible payback provision.
Commissioner Frost stated he could support the requirement for engineering
design
of West Babcock Street but not Durston Road.
08-01-94
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Commissioner Stueck stated concurrence, particularly because of the additional
requirements for improvements to Ferguson Avenue.
Commissioner Youngman stated her concurrence as well.
Commissioner Stiff stated the Commission has heard more about travel on Durston
e Road west from North 7th Avenue than it has heard about West Babcock Street. He stated
that with improvements to Durston Road and Ferguson Avenue, the amount of traffic on that
street will probably increase; and he feels it is important to upgrade the road as quickly as
possible. He also noted that impact fees are not yet in place; therefore, he feels the developer
should provide the improvements.
Planning Director Epple suggested that it would be appropriate to expand No. 28 in
Mr. Potter's letter dated July 25 to include the short strip along Durston Road.
Commissioner Stiff stated he feels the large land owner to the north of Durston Road
should be included in the payback, particularly if Durston Road is included in any conditions for
approval of this project.
Responding to questions from the Commission, Planning Director Epple stated that
I the 15 Y, feet of asphalt mat being required along Ferguson Avenue and Durston Road is to be
installed along the west side of the asphalt mat being required from the developers of Courtyard
Subdivision, to provide an adequate pavement for two-way traffic. He stated that when the
property to the west is developed, that applicant will then be required to provide paving for the
west portion of the street, which will then bring the street to the designated arterial standard.
City Manager Wysocki suggested the potential that the property to the west might
develop before Courtyard Subdivision does. He then noted that the condition should be flexible
enough to accommodate the center 15 % feet of asphalt mat being required for this project to
be installed when the first half of Ferguson Road improvements are completed, on whichever
side of the roadway.
Responding to Commissioner Youngman, the Planning Director stated that revisions
e to the covenants resulting from revisions to the conditions will be addressed during the final
site plan review and approval process.
Responding to Planning Director Epple, the Commissioners determined that the street
lights along Fallon Street must be completed prior to final plat approval. They also determined
08-01-94
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that the street lights along Valley Commons Drive are to be installed in conjunction with those
street improvements.
Responding to Commissioner Youngman, a majority of the Commissioners stated they
are comfortable with the proposed restriction on retail uses within the development.
e Responding to questions from Commissioner Stiff, a majority of the Commissioners
stated they do not support requiring this applicant to obtain right-of-way dedications for Fallon
Street and Fowler Avenue.
Mayor Vincent stated that, while he does not feel that approval of this application
would be appropriate for the area, he does support requiring the installation traffic circles on
Yellowstone Avenue on a temporary basis.
Responding to City Attorney Luwe, a majority of the Commissioners indicated they
would support adding a condition to require that temporary traffic circles be installed on
Yellowstone Avenue.
Mayor Vincent stated he cannot support this application, although he feels it is
substantially better now that it has gone through the process than when it was first submitted.
, He stated, however, the Commission cannot realistically anticipate the impacts of this
subdivision, particularly since up to 78 percent of the development could be retail. He noted
that type of business is designed as a magnet, to draw people; and those people will use any
route they deem appropriate and convenient to access the site. He stated
that, even if 80
percent of those accessing the development did so on the roads designated as the primary
access corridors, that still leaves 20 percent of the traffic using neighborhood residential streets
to access the site; and he finds that unacceptable. He stated that same situation is occurring
throughout the older established neighborhoods in Bozeman; and he does not feel it is
appropriate to encourage that same degradation of a neighborhood in a newer part of the
community.
Mayor Vincent stated he is also concerned about the compatibility of this proposed
e development with the master plan. He recognized that the new master plan update contains
a provision for flexibility, but he feels this proposed development stretches the element of
flexibility beyond acceptable limits. He stated that, while the property
is zoned as Business
Park, in actuality, this proposal is for a shopping mall.
08-01-94
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Mayor
Vincent noted that residents in the area have testified that they purchased their
homes knowing about the BP zoning, but deciding that they could live
with that type of
development. He noted, however, that under this application, the rules
seem to have changed,
so that retail development can now occur; and he feels the impacts of
that type of development
e are too great for a family-oriented residential neighborhood to absorb.
Mayor
Vincent also raised the issue of infrastructure, noting that there are several
unanswered questions about when some of the improvements in this area
may occur.
City
Manager Wysocki reminded the Commission that when this subdivision was
originally platted, the residential area just north of the subject parcel,
which was zoned T-R,
Technology--Research, was zoned for high-density residential development.
He noted that area
was to serve as a buffer between the technological development along
the highway and the
lower-density residential area further to the north. He reminded the
Commission, however, that
the area which was originally zoned for high-density multi-family residential
development has
actually been developed as single-family residences; and that buffer
has now been lost. The
result is that two substantially more conflicting uses are now much closer
together. He
, cautioned that is not totally the result of this application, but is the result of development on
the north side of Fallon Street as well.
It was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the applications forwarded by P.C. Development, Inc.,
for development
of 15.2 acres located in the Southeast one-quarter and Southwest one-quarter
of the Southeast
one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal
Meridian, as
follows:
(a) for a Conditional Use Permit for a Planned Unit Development, under Application
No. Z-9458, to allow a nine-lot business/commercial development; and
(b) for a preliminary plat
Planned Unit Development for Valley Commons Business Park, under Application
No. P-9424,
to create nine lots with a private street, subject to the following conditions:
1.
Seven copies of the final site
plan for the Planned Unit
e
Development which contains all of the conditions, corrections,
and modifications approved by the City Commission shall be
approved by the Planning Director within three years following the
approval of the preliminary plan by the Bozeman City Commission.
Upon application and for good cause, the Planning Director may
administratively extend the period for filing a final site plan for
two successive six-month periods. Any additional six-month
extension must be approved, if at all, only by the Planning Board.
The final site plan shall comply with Section 18.54.060{C) of the
Bozeman Zoning Ordinance, as printed in the 9-93 Codification of
08-01-94
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the
Bozeman Municipal Code. The final site plan must be
approved
prior to final subdivision plat approval.
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. These
improvements
will include the U.S. 191 pedestrian path and
landscaping
within one year of final subdivision plat recording, and
e the
walks, berms
and landscape improvements
to Valley
Commons Park, within three years of final subdivision
plat
recording.
Detailed cost estimates, construction plans and
methods
of security for on-site improvements shall be made a part
of that
Agreement;
2. That
the final subdivision plat shall conform to the Uniform
Standards
for final subdivision plats, contain all appropriate
certificates,
page titles, and be accompanied by all appropriate
documents,
including a Platting Certificate. The final subdivision
plat
must be approved within three years from the date of
preliminary
approval by the Bozeman City Commission. Prior to
the
expiration date, the subdivider may submit a letter of request
to the
Planning Director for a one year extension. Thereafter, the
City
Commission may approve an extension for not more than one
additional
calendar year.
The
final subdivision plat may not be filed until the final site plan
is approved.
If it is the developer's intent to file the final
subdivision
plat prior to the completion of all required subdivision
improvements,
which includes, but is not limited to, interior
I streets,
curb, gutter, water and sewer, and Ferguson Avenue
paving, curb, gutter and sidewalk improvements,
a Subdivision
Improvements Agreement shall be entered into with
the City of
Bozeman guaranteeing the completion of all improvements
in
accordance
with the preliminary plat submittal information and
conditions
of approval. If the final subdivision plat is filed prior to
the
installation of all improvements, the developer shall supply the
City
of Bozeman with an acceptable method of security equal to
150%
of the cost of the remaining improvements;
3. Approval
of the final subdivision plat from the Subdivision
Program
of the Montana Department of Health and Environmental
Sciences
Water Quality Bureau
must occur prior to Final
Subdivision
Plat approval, pursuant to Section 16.16.101 through
16.16.805,
ARM. The appropriate review fee for that review
must
be submitted to the Planning Office so it may be forwarded
to the
Water Quality Bureau with all other applicable information;
4. The
development's Design Guidelines shall be amended as follows
and
submitted to the Planning Office for approval prior to final site
plan
approval:
e a.
Submittal & Review Process - #2(c) Final Plan
Review (oage 3):
Amend last sentence to: "If the
building complies with the Master plan as approved
by
the
City of Bozeman, only an in-house review by the
City
Planning, Water, Fire and Building Departments
shall
be required."
b. Section
I.B.2 (oage 7): Amend fourth paragraph to
indicate
that interior modifications and/or improvements
08-01-94
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to existing buildings will require a City of Bozeman
Building Permit.
c. Section
I.B.3(b and c) (oage 10): Amend these
sections to clearly discuss the role of the building
envelope and building footprints.
e d. Section II.A.2 (oage 12): This section clarifies the
need for sight triangles, per the Zoning Ordinance, and
is duplicative of the Ordinance. If is not necessary to be
in the Guidelines, but can remain for clarification, if
desired.
e. Section II.A.3 (oace 12): This section requires each
structure to provide parking according to the standards
established in the PUD Master Plan. This section should
be amended to state "as established by the City of
Bozeman" .
f. Section
II.A.5 (oace 14): This section on public
terraces should be clarified to be more explicit about the
meaning of the word "enhance", by clarifying common
materials, axial arrangement, etc.
g. Section II.B.4 (oage 16): This section requires that
garbage shall be kept except in sanitary, bearproof
containers.
Staff questions the need for bearproof
containers in the City of Bozeman.
I h. Section
II.B.5 (page 16): This section on Screen
Service Areas should be made more explicit, perhaps by
adding "similar/same materials", and that the screens
shall be integrated with the building design or designed
as a
"mini-building" if completely detached. The
maximum height of 1 0 feet seems excessive, without
detailing provided from each screen. Could perhaps be
something that could be reviewed by the CDR and Staff
during building permit review.
i. Section II.B.6 and 7 (oace 17): An illustration should
be used
to explain
acceptable and unacceptable
examples of exterior lighting and site accessories. The
specification that all white or all pale yellow lighting is
good.
j. Section
II.C.3 (oage 19); Should amend last
sentence to state that the deciduous trees and shrubs
should (instead of can) be placed on southern and
western sides.
A basic idea of how many plants are
sufficient should also be incorporated into this section.
e k. Section II.C.5 (oage 19): The paragraph with regard
to sturdy plant types in the snow storage areas shows
good forethought in planning.
I. Section
II.C.12 (oage 22): Installation of common
improvements.
Page 18 of the Traffic Study (Section
IV) states that the developer "will participate in their
share of their impacts by" completing curb/gutter and
sidewalk along the east edge of Ferguson Avenue,
construction
of Valley Commons
Drive (including
08-01-94
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curb/gutter),
pedestrian pathway along
US 191,
perimeter
sidewalks along Fallon
Street, and
participation in the cost of signalization at US 191 and
Ferguson.
The "common improvements" referred to in Section
II.C.12
include those in
the boulevard of Valley
Commons Drive and in the Common Open Space to the
e south and the Common Open Space easement on Lot 7.
This section should be amended to read as follows, to
comply with existing City policy:
12.a) City
standard sidewalks shall
be
constructed on all public and private street
frontages on each lot prior to occupancy of
any structure on the lot. Upon the third
anniversary of the plat recordation of any
phase of the subdivision, any lot owner who
has not constructed
said sidewalk shall,
without further notice, construct said sidewalk
for their lot(s), regardless of whether other
improvements have been made on the lot.
12.b) Boulevard landscaping shall be installed
on all public and private street frontages on
each lot in
conjunction with
sidewalk
installation.
,
12.c) Common area landscaping shall be
installed at the time each lot is developed, or
within three years of the plat recordation.
12.d) The park areas shall be installed within
three years from the date of plat recordation,
or at the time 50 percent of the lots are
developed, whichever first occurs.
m. Section
III.B.1 (oage 24): In
addition to the
diagram provided for roof pitches, the narrative should
state the roof styles generally accepted. Based on the
"wall form" section, a note should be added here that
roof forms should visually correlate to the exterior wall
forms.
n. Section
III.B.3 (oage 25): The entry definition
generally
discusses roof forms
and overhangs.
Something should be added that the entrys should be
emphasized, perhaps through the use of columns,
fenestration, materials around the door, overscaled,
doors, etc., as examples of types of emphasis.
The
e conflict between the text and the sketch shall be
eliminated.
o. Section 111.8.4 (oage 26): This section on skylights
and solar collectors appears somewhat ambiguous.
It
should be noted that skylights and solar collectors
"should
be designed as
an integral part
of the
structure" .
08-01-94
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- 20 -
p. Section
III.B.5 (oaae 26): The Architectural
Reviewer has noted that this is a good section.
q. Section IV.B.1 (oaae 28): A note is made that this
section may be too limiting.
Areas of masonry in
addition to the base of exterior wall surfaces may
complement a structure if an entire massing is covered.
However, if it is the developer's intent that masonry
e may only be used at the base of exterior wall surfaces,
that is acceptable.
r. Section IV.B.2 (oage 29): Stone should be added to
the list
of materials that may be used to finish
foundation exposure over 8 inches, to correlate to
Section IV.B.1.
s. Section
IV.B.3 (oage 29): As in letter "0" above,
coverage of an entire massing with stucco would be
acceptable with the Architectural Reviewer, but the
change is not mandated.
t. Section IV.B.4 (oage 29): Specific examples of the
siding should be given, i.e., lap - 6" or less exposure,
shiplap, etc.
u. Section
IV.B.5 (oage 30): The second paragraph
could
be clarified by
stating that "No
chimney
enclosures shall be clad in wood or non-masonrv
aooearing materials."
I v. Section
IV.C.1 (oage 31 ): This section on scale,
composition and proportion of exterior windows and
doors appears to want distinction between "wall" and
"fenestration", and should be clarified to say so. Also,
the window and door patterns and reveals should be
designed to create interest and variety, not just be
"carefully studied".
w. Section
IV.D.1 (oage 33): This section on porch
and balcony
design should
describe the spatial
relationship of porches and balconies to buildings. This
relationship is already illustrated, but the text demands
compliance; sketches are only viewed as illustrations.
The definition should stay in line with the design and
architectural standard.
x. Section IV.E (Daae 34): Examples of the earth tones
and accent colors should be listed, i.e. "such as:
"
The color scheme shall not eliminate the
--
possibility of strong accent colors, and should not be so
limiting that the colors become monotonous.
e y. Section VI.C (oage 38) and Section VI.D (page 39):
Section C should be redrafted to clarify that signs will
be reviewed with the building design and site elements
and features for compatibility of size, material, color.
Also,
a 250-square-foot wall-mounted sign
which
identifies multiple tenants in a single building is very
excessive. This section must be completely revisited so
that a maximum area is designated for these signs (such
08-01-94
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as 30-40
square feet or a certain percentage of the wall
area,
like 5%),
z. Section
D: Must be reworked, so that there is only
250
square feet (or the lesser of 2% or 1.5 linear feet)
of signage
total on anyone building.
aa.
The Design Guidelines narrative shall clarify that
e street
lights, as shown on the Valley Commons Drive
Typical Streetscape Section, shall be installed
at the
time Valley Commons Drive is developed;
5. Sidewalk,
pedestrian and landscaping improvements, as shown on
the
final landscape plan, shall be installed per the following
schedule.
Both the Design Guidelines and the Bylaws for the
Valley
Commons Owners' Association shall contain the schedule:
a) The
US 191 Pedestrian Path and Common Open Space area
shown
on the final site plan shall be completed by the developer
within
one year (1) of final subdivision plat recording. The
Pedestrian
Path shall connect to the path installed or proposed on
Lot
3A to the east.
b)
The sidewalk and landscaping improvements shown on the
final
site plan for the Open Space Connector Path Easement on
the
east side of Lot No. 7 shall be completed by the lot owner of
Lot
No.7 at the time the property is developed or within three (3)
years
of final subdivision plat recording, whichever first occurs.
t c)
The walk, berm and landscape improvements in the Valley
Commons Park and the perimeter sidewalk/boulevard
landscape
improvement along Fallon Street adjacent to the
Park will be
completed by the developer within three years
of final subdivision
plat
recording.
d) The
perimeter sidewalks/boulevard landscape improvements
for
Valley Commons Drive, Fallon Street and the Yellowstone
Avenue
easement shall be completed by each lot owner as each
lot
is developed, or within five years from final subdivision plat
recording,
whichever first occurs.
e) Standard
street lights shall be installed along Fallon Street prior
to final
plat approval. Street lights, as detailed on the Valley
Commons
Drive Typical Streetscape Section, shall be installed in
conjunction
with Valley Commons Drive street improvements;
6. All
water and sewer lines, both existing and proposed shall be
shown
accurately on the final site plan. All water and sewer
mains,
service lines and easements, both existing and proposed,
shall
be shown on the final landscape plan. All water and sewer
line
sizes shall be accurately shown on the final site plan.
e The
Building Permit plans for each building shall be submitted to
the City of Bozeman Water/Sewer Department for
review and
approval
of water service line location and meter-fire line riser
location
inside of building;
7. The
10-inch water main shown on Ferguson Avenue shall be
extended
to the south property line of this development when the
main
is extended to serve this development. The main shall be
extended
prior to final subdivision plat approval;
08-01-94
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8. Ferguson
Avenue shall be improved to a full City standard from
US 191
to the north side of the intersection of Fallon Street and
Ferguson
Avenue, including curb, gutter, and sidewalk on the east
side
of the street, prior to final subdivision plat approval. If a
meandering
sidewalk is proposed along Ferguson Avenue, a
pedestrian
easement must be provided on the final subdivision plat
for
all portions of the sidewalk which meander out of the right-of-
way.
A pedestrian easement must be provided on the final
e subdivision
plat for the pedestrian walk in the common open
space adjacent to US 191;
9. The
developer shall fund 1 5 V2 feet of asphalt paving on Ferguson
Avenue
from West Babcock Street to Durston Road, and along
Durston
Road to the east for a distance of approximately 640
feet.
The work shall be completed at the time either property
adjoining
this section of Ferguson Road is developed, and shall be
subject
to payback provisions to established by the City of
Bozeman;
10. Plans
and Specifications and a detailed design report for water,
sewer,
and storm drain main extensions, and the public and
private
streets, prepared by a Professional Engineer (PE), shall be
provided
to and approved by the City Engineer and the Montana
Department
of Health and Environmental Sciences (water and
sewer
only). The applicant shall also provide Professional
Engineering
services for
Construction Inspection, Post -
Construction
Certification, and preparation of Mylar Record
Drawings.
Construction shall not be initiated on the public
infrastructure
improvements until the plans and specifications
I have
been approved and a preconstruction conference has been
conducted;
11. All infrastructure improvements including 1) water
and sewer main
extensions,
and 2)
public and private streets, curb/gutter,
sidewalks
fronting public streets, and related storm drainage
infrastructure
improvements shall be financially guaranteed or
constructed
prior to any building occupancy. No building permits
will
be issued prior to completion and acceptance of municipal
sewer,
water, storm
sewer, and the public
and private
infrastructure
improvements unless specific phasing plans are
accepted
and approved by the governing body;
12. The
drive approaches into the PUD shall be constructed in
accordance
with the City's standard approach (i.e. concrete
apron,
sidewalk section, and drop-curb) and shall be shown as
such
on the final site plan. A City curb cut and sidewalk permit
shall
be obtained prior to final site plan approval.
Drive
approaches
and public street intersections shall be free of
plantings
which, at mature growth, will obscure vision within the
sight
triangle;
e 13. Adequate
snow storage areas for each lot shall be designated
outside the sight triangles but on the subject
properties on the
final site plan, unless a snow storage easement
is recorded for a
location
off the property;
14. The
internal roads shall be shown either as "utility and access
easements"
or as a "private street" rather than right-of-way, on
both
the final site plan and on the final subdivision plat.
Easements
for the water and sewer main extensions, a minimum
of 30
feet in width, shall be provided on the final subdivision plat.
08-01-94
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-
The
utility shall be located in the center of the easement, and shall
in no
case be less than ten feet from the edge of the easement;
15. The
level of Service evaluation for the intersection of Ferguson
Avenue
and US 191, as well as the engineer's basis for the signal
warrant,
shall be submitted to the City Engineer prior to final site
approval;
e 16. A Stormwater
Master Plan for the subdivision for a system
designed to remove solids, silt, oils, grease,
and other pollutants
from the runoff from the public streets and all
lots must be
provided
to and approved by the City Engineer prior to final site
plan
approval.
While
the runoff for the individual lots will be dependent on the
intensity
of use on each lot, the maximum sizing of the storm
retention
facilities for each lot will be established based on
maximum
site development. Final facility sizing may be reviewed
and
reduced during design review of the final site plan for each
lot.
The
Master Plan must depict the maximum sized detention or
retention
basin location, and locate and provide easements for
adequate
drainage ways within the subdivision to transport runoff
to the
stormwater receiving channel. The plans shall include
sufficient
site grading and elevations information (particularly for
the
basin site and across lot drainage ways), typical stormwater
detention/retention
basin and discharge structure details, basin
sizing
calculations, and a stormwater maintenance plan;
I 17. 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. A
response
from MDHES shall be submitted with the final site plan;
18. The
property owner shall provide and file with the final subdivision
plat
an executed waiver of right to protest creation of SID's. The
Waivers
shall specify that in the event SID's are not utilized for
the
completion of these projects, the applicant shall agree to
participate
in an alternate financing method for completion of said
improvements
on a fair share, proportionate basis as determined
by the
square footage of the property, linear front footage of the
property,
taxable valuation of the property, or combination
thereof.
Said waiver shall include the following improvements,
and
shall be a covenant running with the land and shall not expire:
a)
Street improvements to Ferguson Avenue from Fallon Street
to Durston
Road, including paving, curb/gutter, sidewalk, and
storm
drainage; and
b) Signalization
at US 191 and Ferguson Avenue;
e 19. If the
project is to be phased, the project phasing shall be clearly
shown on the final site plan and shall clearly
define the phase
installation
of infrastructure;
20. Stop
signs shall be installed on Valley Commons Drive at the
intersection
of Ferguson Avenue, Yellowstone Avenue right-of-
way,
and Fallon Street, as well as all necessary street marker
signs,
prior to final subdivision plat approval;
08-01-94
"" --
- 24-
21. The
existing utility easement between Lots 5A and 6A shall be
vacated,
and appropriate utility easements shall be provided on
the
final subdivision plat;
22. The
final subdivision plat shall contain the following notes:
a)
Due to the relatively high groundwater table within the
subdivision,
it is not recommended that structures with full or
e daylight
basements be constructed. If daylight basements are
incorporated in the construction of structures,
they should not
have a depth greater than three feet below the
top of the curb of
the
street from which it is served.
b) No
direct access to Fallon Street will be allowed from Lots 1
and
4.
c) No
direct access to Ferguson Avenue will be allowed from Lot
9.
d)
No direct access to US 191 will be allowed from Lots 5
through
9;
23. The
County Weed Control Office shall approve a Weed Control
Plan
for the subdivision, and a signed copy of the Plan shall be
submitted
to the Planning Office prior to final subdivision plat
approval;
24. The
Design Guidelines and Bylaws from the Owners' Association
shall
both contain the following, or similar, language:
I At the
time of application for a City of Bozeman building permit
application, each lot owner shall enter into an
Improvements
Agreement with the City to guarantee the installation
of required
on-site
and perimeter improvements, as shown on the final site
plan.
Detailed cost estimates, construction plans and methods of
security
shall be made a part of that Agreement.
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 lot owner within nine (9) months of occupancy
to avoid
default on the method of security.
25. That
all businesses within the development, with the exception of
the
motel, shall be restricted to the business hours of 7 a.m. to
11 p.m.;
e 26. Prior
to final plat approval, the developer shall provide the City of
Bozeman with an engineered design for improvements
to West
Babcock Street from Fowler Avenue to West Main
Street.
Aspects
to be included in the design shall be verified with the
Director
of Public Service prior to development of the design. The
cost
of the design shall be subject to payback provisions to the
developer,
to be established by the City of Bozeman;
27. The
developer shall pre-engineer a traffic light at the intersection
of Ferguson
Avenue and US 191 in conformance with the
08-01-94
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requirements
of the City of Bozeman and the Montana Department
of Transportation
prior to final plat approval. The developer shall
further
guarantee funding of the installation of the traffic light, in
a payback
relationship, for 50 percent of the total costs, with
other
large acreage landowners in the area, in a
manner
acceptable
to the City of Bozeman, prior to final plat approval;
28. The
developer shall install temporary traffic circles on Yellowstone
, Avenue at the intersections of Toole Street and Ravalli
Street,
with the design and location to be reviewed and approved by the
Director of Public Service prior to final plat approval. Permanent
traffic circles is to be paid for by property owners in the
immediate
vicinity of the traffic circles, per City policy;
29. That
bars/casinos shall not be permitted on any lot. Restaurants
serving
alcoholic beverages with lounges will be permitted on Lots
7, 8
and 9 only;
30. The
right to use and occupancy permit shall be contingent upon
the
fulfillment of all general and special conditions imposed on the
Conditional
Use Permit procedure;
31. 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; and
32. That
all of the special conditions required by the City Commission
shall
be consented to in writing by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
_ Stueck, Commissioner F
rost and Commissioner
Youngman; those voting No
being
Commissioner Stiff and Mayor Vincent.
sa 101 cttJi Gl\, ""6\(j
C11~
I\f-z; /'1+
Decision - Lonny and Kim Walker - (a) CUP for PUD - allow a 4 (PII ill I) lltJre.
)ment
for single-familY. detached manufactured and modular hOI ka Vl Cbl )
Id (b)
Dreliminary Dlat for Countryside Subdivision PUD to create 45 Ie
~28) -
COS 522. in the SW*. Section 11. T2S. R5E. MPM (3290 West Babcock Street)
This was the time and place for the decision on the applications forwarded
by Lonny
and Kim Walker for development of 7.4 acres known as Certificate of Survey No. 522, located
in the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana
Principal Meridian, as follows: (a) for a Conditional Use Permit for a Planned Unit Development,
under Application No. Z-9470, to allow a 45-lot development for single-family, detached
, manufactured and modular housing units; and (bl for a preliminary plat Planned Unit
Development for Countryside Subdivision, under Application No. P-9428, to create a 45-lot
subdivision. The subject property is more commonly located at 3290 West Babcock.
City Manager Wysocki submitted to the Commission a letter from Mr. Lonny
Walker,
received on July 26, requesting that action on this item be delayed for a period of one week
08-01-94
- 26 -
since he is out of town today. He then cautioned the Commission
that a preliminary plat is
involved; and the applicant has previously granted an extension of the GO-day review period
through today. He noted this letter does not address the issue of granting an additional one-
week extension in conjunction with the requested delay of action.
, City Attorney Luwe suggested that if the Commission wishes to honor the applicant's
request, it would be appropriate to grant the requested one-week delay on the decision, with
the understanding that the request includes a one-week extension and, if it does not, that the
project is denied. He cautioned that if the Commission does not take action
within the
specified review period, an automatic approval results. He stated it appears that the applicant
intended to grant the one-week extension in conjunction with his request for delay, although
that is not specifically stated in the letter.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission delay action on this item for a period of one week, as requested by the
applicant, with the understanding that the request includes a one-week extension and, if it does
not, that the applications for development of 7.4 acres known as Certificate of Survey No.
e 522, located in the southwest one-quarter of Section 11, Township 2 South, Range 5 East,
Montana Principal Meridian, as follows: (a) for a Conditional Use Permit for a Planned Unit
Development, under Application No. Z-9470, to allow a 45-lot development for single-family,
detached manufactured and modular housing units; and (b) for a preliminary plat Planned Unit
Development for Countryside Subdivision, under Application No. P-9428, to create a 45-lot
subdivision, be denied. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner
Stueck and Mayor Vincent; those voting No, none.
Discussion - status reDort re closure of Perkins Place
Clerk of the Commission Sullivan stated that just prior to the meeting, she received
. a letter from Ms. Lisa Banick, attorney representing Mr. and Mrs. Rudolph Svehla, requesting
that this item be deferred until August 15.
City Attorney Luwe reminded the Commission that this item is strictly listed as a
status report, with no action scheduled at this time.
08-01-94
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- 27 -
Due to the lateness of the meeting and due to the fact that Neighborhood
Coordinator/Grantsperson Goehrung had left for the day, the Commission delayed this item until
August 15.
Commissioner Youngman requested that the language of the item be revised on that
, agenda to allow for Commission action.
Ordinance No. - Tentative Accrocriation Ordinance for Fiscal Year 1994-1995
City Manager Wysocki presented the Tentative Appropriation Ordinance for Fiscal
Year 1994-1995, approved by the City Attorney, entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT
EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY
TO OPERATE
AND MAINTAIN CITY
SERVICES FOR SALARIES,
OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF
MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30,
1995.
The City Manager reminded the Commission that this ordinance has been prepared
_ after several work sessions on his recommendations for the Fiscal Year 1994-1995 budget.
He then recommended that the Commission adopt this ordinance and set a public hearing for
August 22.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission adopt the Tentative Appropriation Ordinance for Fiscal Year 1994-1995, and set
the public hearing for August 22, 1994. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck,
Commissioner Frost and Mayor Vincent; those voting No, none.
Break - 5:10 to 5:13 c.m.
Mayor Vincent declared a break from 5: 1 0 p.m. to 5: 13 p.m., in accordance with
I Commission policy established at their meeting of March 14, 1983.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
08-01-94
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----.-"..
- 28
-
(1 ) Letter of resignation from the Design Review Board, as submitted by
Matthew Brower, dated July 27, 1994,
(2) Status report on design and construction of specific transportation projects
for the month of July 1994.
, (3) Summary sheet on the list of transportation projects to be funded through
a general obligation bond issue.
Commissioner Stiff suggested that a footnote should be included which indicates that
the Durston Road project is phased, and that the extent of the improvements is dependent upon
the potential decrease in traffic as a result of the North 19th Avenue improvements, and
stipulating that any monies set aside for this project but not used would be transferred to the
Front Street project,
The City Manager reminded the Commission of his position that the entire street
should be completed, He particularly emphasized the need for sidewalks, since there are three
schools in close proximity to this roadway.
Commissioner Frost stated he feels the project should be left as it is. He noted that
e the figure in this summary assumes that the roadway must be completely rebuilt, including new
base and, in fact, it may be possible to use much of the existing base. He then stated that any
monies not spent for complete improvements to Durston Road between North 7th Avenue and
North 19th Avenue could be earmarked for the Front Street project.
Commissioner Stueck and Commissioner Youngman stated
concurrence with
Commissioner Frost's comments.
Commissioner Stiff stated he views this as four separate projects, being the
intersections of Durston Road with North 7th Avenue, North 11th Avenue and North 15th
Avenue and the remainder of the roadway. He noted that the total of the three intersection
projects was approximately $ Y2 million in the transportation plan.
He stated that if the only
remaining concern after those intersection improvements have been made is the installation of
. sidewalks to ensure the safety of the children, that can be accomplished for less than
$ 800,000.
City Manager Wysocki asked that the Commission give him final direction on the list
of projects at next week's meeting. He reminded them that the
ballot question must be
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.-...----.. -..- .-. ..---- - ~-
- 29 -
forwarded to the County soon; and the list of projects must be finalized so that information on
the bond issue can be prepared.
Commissioner Stueck suggested that the extension of North 15th Avenue from West
Main Street to West Babcock Street should be reconsidered.
He noted that if the street is
, extended. it will eliminate the parking lot for the Round House and will. in fact. be very close
to the building. He also noted there is a large white house fronting on Babcock which sits in
the middle of the right-of-way. He then questioned whether the amount listed for this project
is sufficient if the right-of-way for this street has not already been acquired.
Responding to the City Manager, a majority of the Commissioners indicated they feel
it would be appropriate for the Director of Public Service to carefully review that figure again.
(4) Copy of a notice that the deadline for filing to serve on the study
commission is 5:00 p.m. on August 25.
(5) Copy of the analysis of rates for the solid waste activities.
The City Manager noted that resolutions setting new rates for garbage collection and
landfill gate fees will be brought back within the next week or two for Commission
e consideration.
(6) Notification of Alert from the National League of Cities, regarding the
anti-
crime legislation, anti-mandates legislation and telecommunications legislation.
(7) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, August 2, at the Carnegie Building.
(8) Agenda for the City-County Planning Board meeting to be held at 7:00
p.m.
,
on Tuesday, August 2, in the Commission Room.
(9) Daily minutes for the County Commission for the week of July 18, along
with minutes from their public meetings of July 12 and July 19, 1994.
(10) The City Manager submitted his weekly report, as follows. (1) Attended
the
MMIA Board meeting in Helena on Friday, at which the Board granted a dividend for liability
. insurance programs. with the dividend to be paid in September. (2) Noted that he and other
staff members spent a considerable amount of time on development issues last week. (3)
Stated that, due to an oversight, monies were not included in the budget for the study
commission. He stated that can be entered into the record during the public hearing process,
and included in the final appropriation ordinance. (4) Announced that ramps were installed at
08-01-94
.,,~. ~'-.
- 30
-
the Bogert Pavilion so that the disabled could have access to the Farmers'
Market; and those
ramps are now causing problems because of the crowded situation in the
Pavilion. (5)
Reminded the Commission that Sweet Pea is this week. (6) Stated that
he toured the Law and
Justice Center this past week.
He noted that the furniture will arrive and be installed this
, week. He indicated that a tour will be set up for Commissioners to
view the new quarters for
the City Court and Police Department in the next few weeks. (7) Reminded
the Commission
of the forum on future development which is scheduled for noon on August
10 at the Holiday
Inn. He asked all interested Commissioners to contact the Clerk of the
Commission so that the
appropriate arrangements can be made.
(11 )
Commissioner Stueck submitted the following. (1) Met with the Optimists
this morning regarding the West Babcock Park project. (2) Stated he has
distributed a copy of
the trail alignment in the Highland Boulevard area.
He met with Mr. Gary Kenner and Mr.
Davidson, from the Hospital, regarding the trail, in an effort to resolve
trail alignment problems.
He anticipates that all issues can be resolved in the near future. (3)
Stated that he and his wife
installed culverts at the West Babcock Park over the weekend.
_ (12) Commissioner Frost submitted the following.
(1) Attended the Montana
~ .. League of Cities and Towns District 10 meeting on Tuesday.
(2) Toured the northeast
neighborhood this past week, reviewing illegal activities.
( 13)
Commissioner Frost stated that on Friday, he and Mr. Chris Pope met with
Dr. Emilio Arturo, Vice Mayor of Palermo, Italy, regarding the downtown
and preservation. He
noted that since Dr. Arturo is also the Director of Preservation, he
met with Planning Director
Epple and Historic Preservation Officer Derek Strahn earlier in the day.
Commissioner Frost noted the differences between the governments in the
two
countries. In Italy, the government decides what is to be done; and the
public is not involved.
Also, revenues are not generated locally, but come from the unified European
market, the
central government or the regional government.
Preservation of Italy's history is viewed as
. important; and the government is now taking back those items they feel
are important to the
country's history to ensure that they are appropriately preserved. He
then noted that many of
the items being preserved in Italy date back 2600 years.
Commissioner Frost stated that during the meeting, he indicated to Dr.
Arturo that
one of the biggest concerns in Bozeman is the traffic.
He stated that Dr. Arturo did not
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- 31
-
recognize that Bozeman has a traffic problem, particularly in light of the European cities, where
traffic really is bad.
(14) Commissioner
Youngman submitted the following. (1) Attended the ad hoc
cable television committee meeting last week. (2) Toured the northeast neighborhood this past
. week. ( 15) City
Attorney luwe stated that the Findings of Fact for Valley Commons
Business Park will be submitted for Commission action within the next two or three weeks.
( 16)
Clerk of the Commission Sullivan reviewed the agenda for next week's
meeting. She also reminded the Commission of the town meeting scheduled for next Monday
evening.
( 17)
Mayor Vincent submitted the following. (1) Stated that tomorrow, he and
Neighborhood Coordinator/Grantsperson Goehrung will be checking out the arrangements at
the High School to ensure it is appropriately set up for the town meeting. (2) Stated that he
also toured the northeast neighborhood. He noted the Commission may need to address some
of the concerns at some time in the future.
e (18) Mayor Vincent stated that he will submit a memo to the Commission
regarding his proposal to change the meeting format, for discussion and possible action on an
upcoming agenda.
( 19)
Mayor Vincent proposed that the 3:00 p.m. start time be continued after
school starts. He noted the extended time in the afternoon session seems to alleviate some
of the pressure which the Commission previously felt with the 3:30 p.m. start time.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Staff reDort - annexation reauest submitted bv Dennis Balian for Ed
Heimburg
- 6.10 acres known as Tracts 3 and 4, Van Horn
Subdivision.
located in the NW%, SW%. Section 11. T2S. R5E.
I MPM
(south of West Babcock Street. east of Vallev Creek
Subdivision. west of Wilda lane) (A-9405)
Commission Resolution No. 2992 - intent to annex 6.10 acres known as
Tracts
3 and 4. Van Horn Subdivision. located in the NW%.
SW%.
Section 11. T2S. R5E. MPM (south of West Babcock
Street.
east of Vallev Creek Subdivision. west of Wilda lane): set
Dublic
hearina for SeDtember 6. 1994
08-01-94
- 32 -
COMMISSION RESOLUTION NO. 2992
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN
MORE PARTICULARL Y DESCRIBED,
TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
I CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Staff reDort - annexation reauest submitted by Montana Power ComDany.
and Meraenthaler Transfer and Storage for the
Beyl family Trust.
Keith
Beyl and Patricia Hash - 12.333 acres described as the
remainina
Dortion of COS No. 157 A. located in the SW% of
Section
31. T1S. R6E. MPM. Parcel No. RFH 6091 (north side of
Griffin
Drive. east of Manlev Road) (Z-9404)
Commission Resolution No. 2993 - intent to annex 12.333 acres described
as the
remainina Dortion of COS No. 157A. located in the SW%
of Section
31. T1S. R6E. MPM, Parcel No. RFH 6091 (north side
of Griffin
Drive. east of Manley Road): set Dublic hearing for
SeDtember
6. 1994
COMMISSION RESOLUTION NO. 2993
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN
MORE PARTICULARL Y DESCRIBED,
TO EXTEND THE
e BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Commission Resolution No. 2994 - intent to budaet an increased amount
of ad
valorem tax revenue for Fiscal Year 1994-1995: set Dublic
hearina
for Auaust 22. 1994
COMMISSION RESOLUTION NO. 2994
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE CITY'S INTENT TO BUDGET AN INCREASED
AMOUNT OF AD VALOREM TAX REVENUE FOR FISCAL YEAR 1994-1995
Reauest for permission to close Aylsworth Street from East Babcock Street
to East
Curtiss Street - Tuesday. August 2. 5:00 D.m. to 7:00
p.m.
- for "Taste of Aylsworth" neiahborhood Dotluck dinner
Request for vacation of West Dickerson Street riaht-of-wav along south
side
of Lots
4 and 5. West Main Business Plaza - Warren Yeley on
behalf
of adiacent Droperty owners: refer to staff
I Award bid for 1994 Sidewalk ImDrovements - CMS Co.. Bozeman. Montana
- in the bid amount of $78.434.00
Claims
"-
It was moved by Commissioner Stiff, seconded by Commissioner Stueck,
that the
Commission approve the Consent Items as listed, and authorize and direct
the appropriate
persons to complete the necessary actions. The motion carried by the
following Aye and No
08-01-94
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'- =
- 33 -
vote: those voting Aye being Commissioner Stiff, Commissioner Stueck,
Commissioner Frost,
Commissioner Youngman and Mayor Vincent; those voting No, none.
Recess - 5:35 D.m.
I Mayor Vincent declared a recess at 5:35 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of
conducting
the scheduled public hearings.
Public hearing - Commission Resolution No. 2987 - intent to create Special
Improvement
District No. 663 - Davina and storm drainage - West Oak Street west of
North 19th Avenue
This was the time and place set for the public hearing on Commission
Resolution No.
2987, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2987
e A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT
NO. 663 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN,
CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF
ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE
PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE
AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 1,642-FOOT
PORTION OF WEST OAK STREET, FROM THE WEST EDGE OF NORTH
19TH AVENUE WEST, IN THE CITY OF BOZEMAN, MONTANA.
Mayor Vincent opened the public hearing.
Director of Public Service Phill Forbes stated that this proposed special
improvement
district is an extended district for paving, curb, gutter, sidewalks
and storm drainage
improvements on a section of West Oak Street extending west from North
19th Avenue a
I distance of 1,642 feet, which is approximately the west edge of the existing Annie Park. He
reviewed the boundaries of the proposed district, which are North 19th
Avenue on the east,
Annie Street on the south, an extension of the west edge of the existing
Annie Park on the
west and a line just south of the quarter section line on the north.
He stated that, included
within the boundaries of the proposed district, is Brentwood Subdivision,
Phase I.
08-01-94
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- 34-
Director of Public Service Forbes stated the road is to be constructed at a width of
42 feet, back-of-curb to back-of-curb, which is the City's collector street standard.
The
estimated cost of the project is $239,600, or approximately 6 cents per square foot. The City
Engineer has estimated that the average lot containing 8,300 square feet will be assessed
. $507, based on the estimated cost of the project. The life of the special improvement district
is fifteen years, with semi-annual assessments.
Responding to Commissioner Stueck, the Director stated that this district has been
requested by 66 percent of the owners within the district.
Mr. Mike Mazzatti, 1128 Woodland. expressed concern that a map of the proposed
district was not included with the notice which was mailed to the residents or in the
advertisement in the newspaper. He then questioned why the property
immediately to the
south of Brentwood, Phase I, was not included in the district.
He suggested that those
properties will also benefit from the extension of West Oak Street and, therefore, should be
included within the district. He asked if it would be possible to reconsider the boundaries of
the district, so that it includes what was originally platted as Annie Subdivision, Phase I.
e Mr. Mazzatti stated he is not opposed to the westward extension of West Oak Street,
because it will provide easy access for residents within the Brentwood Subdivision, rather than
limiting their options to Durston Road only. He noted that, because of its crowded condition,
most people within the Annie Subdivision will probably utilize the West Oak Street extension
instead of Durston Road and should, therefore, contribute toward those costs.
Mr. Mazzatti then stated that, because a map was not included with the notice which
was published in the newspaper, it may be difficult for those who are not used to reading legal
descriptions to determine what properties are
included within this proposed special
improvement district. He also noted that in the information which was
received by the
individual property owners, there was no reference to the term of the SID.
Mr. Bob Braaksma, 1208 Woodland, noted that the traffic problems in Bozeman are
I evident. He also noted there was an article in last week's newspaper about the Commission
making plans to ask the voters to approve a bond issue to fund several transportation projects
to improve traffic circulation. He then asked about the possibility of the residents in Brentwood
Subdivision receiving a credit on the amount to be paid for retirement of the bond issue for the
08-01-94
- 35 -
transportation projects in the same amount as the assessments which they are paying for
improvements to West Oak Street.
Mrs. Carolyn Mazzatti, 1128 Woodland, stated her concern isn't necessarily about
the proposed special improvement district; rather, it is a concern about the increased amount
I of traffic on her street. She suggested that, since her street is located very close to an
elementary school, a 15-mile-per-hour speed zone may be necessary to ensure the safety of
the children. She then questioned the value of this access to North 19th Avenue, particularly
if no traffic signal is planned for the intersection of North 19th Avenue and West Oak Street.
City Attorney Luwe stated that to change the boundaries of the district, the
Commission must pass a new resolution of intent to create the special improvement district and
complete the advertising process once again. He cautioned that all properties within
the
boundaries of the district must receive benefit from the improvement being installed, and that
the benefit is in proportion to the assessment that is to be levied.
Director of Public Service Forbes stated that the process of setting boundaries for a
special improvement district is often a judgment call, noting that the criteria he follows revolve
e around whether or not the properties will be benefitted in proportion to the cost. He stated
that, because the R-4 zoned lots in Annie Subdivision are so close to Durston Road, he felt that
they would, in fact, use Durston Road rather than Oak Street. He recognized that all streets
in town are used by the traveling public, who do not contribute to the costs of a particular
street; however, they have probably participated in some portion of the network system. He
then indicated that staff drew the boundary where it was determined the benefit could be
identified.
The Director of Public Service stated that the School District property is included in
the district and will be assessed for its proportionate share of the improvements. He noted that
the transportation plan does not include a traffic signal at the intersection of North 19th
Avenue and West Oak Street; however, he does anticipate that a signal will be installed at the
I intersection of North 19th Avenue and Durston Road within the next few years.
Responding to Mayor Vincent, Director of Public Service Forbes stated this subject
section of West Oak Street is not in the peripheral loop system, while the sections of West Oak
Street between North 19th Avenue and North 7th Avenue and between North 7th Avenue and
North Rouse Avenue are included in that system. He stated, instead, this segment is classified
08-01-94
....-.---.-..---...-- --.--
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as a collector. He then reminded the Commission that the section of West Oak Street from
North 19th Avenue and North 7th Avenue is one of the City's top priority projects to be funded
through Federal Aid Urban monies.
Responding to Commissioner Youngman, the Director stated that the impending
. development of Brentwood Subdivision, Phase II, is one of the primary reasons for considering
this special improvement district. He noted that the developer of Brentwood, Phase II, and the
landowner to the north represent 66 percent of the total property ownership; and they have
combined to request that this special improvement district be created.
City Manager Wysocki cautioned the Commission that if the general obligation bond
issue passes, all property owners must be assessed equally for retirement of that debt.
He
stated that, because of that requirement, the credit proposed by Mr. Braaksma cannot be
considered.
Responding to Mayor Vincent, City Attorney Luwe stated the letter from Dr. Kenneth
Lane, 905 Woodland Drive, was received late and, therefore, cannot be considered a part of
the testimony in opposition to the creation of this special improvement district.
e The City Manager entered into the record letters from Tom and Shari McCoy, 1103
Brentwood Avenue, dated July 25; Gretchen L. Karstens, 1002 Brentwood Drive, dated July
19; Mr. R.L. Lindstrom, 1213 Brentwood, received on July 26; and Carlos William and Ann M.
de Onis, 918 Woodland Drive, dated July 28, 1994.
Responding to Mayor Vincent, Director of Public Service Forbes reminded the
Commission that the list of proposed projects to be included in the general obligation bond
issue is taken from the transportation plan update. He stated that, while this segment of West
Oak Street will provide a valuable link to the loop roadway system and will be used extensively
by residents of the immediate area, it will not improve the overall traffic circulation for the
entire community like the segments of West Oak Street between North 19th Avenue and North
7th Avenue and between North 7th Avenue and North Rouse Avenue will.
I Responding to Commissioner Youngman, the Director of Public Service stated it is
typical to have assessments for more than one street against a parcel. He further noted it is
not uncommon to have assessments for water and sewer extensions against those parcels as
well.
08-01-94
- 37 -
Since there was no Commissioner objections, Mayor Vincent closed the
public
hearing.
City Attorney Luwe reminded the Commission that the first determination
is whether
there are sufficient protests to bar further proceedings; and in this instance his recommendation
I is that the Commission determine there are not. He noted the Commission must then
determine whether it wishes to proceed with creation of the special improvement district.
It was moved by Commissioner Stueck, seconded by Commissioner Frost,
that the
Commission determine that there are not sufficient written protests to bar further action, and
authorize and direct staff to bring back a resolution of creation for Commission consideration.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent;
those voting No, none.
Public hearing - Conditional Use Permit - Marian Steffes and JoseDh Mangiantini for the
Cauahlin Estate - allow conversion of existing single-familv residence to "Bear Creek Respite
Care Center" . a arOUD home for adults with functional imDairments - Tract 1 and 2. Lonaacres
Subdivision (1002 East Kagy Boulevard) (Z-9474)
e This was the time and place set for the public hearing on the Conditional
Use Permit
requested by Marian Steffes and Joseph Mangiantini for the Caughlin Estate, under Application
No. Z-9474, to allow conversion of an existing single-family residence located on Tracts 1 and
2, Longacres Subdivision, into "Bear Creek Respite Care Center", a group home for adults with
functional impairments. The subject property is more commonly located at 1 002 East Kagy
Boulevard.
Mayor Vincent opened the public hearing.
Planning Director Andy Epple presented the staff report. He stated that
under this
application, the applicant wishes to convert a 2,400-square-foot single-family residence into
a day care facility for the elderly, with provision for some
overnight and weekend
I accommodations. He noted that up to six can be accommodated as day care clients, with a
total of no more than eleven on the site at anyone time. He stated the subject house is
located on the south side of Kagy Boulevard between Sourdough Road and Highland Boulevard
and is zoned R-S, Residential Suburban.
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The Planning Director noted the need for this type of facility in the community, noting
that it will provide a safe, protective setting for the clients, who are unable to stay at home
alone. He stated this type of facility is classified as a community residential facility because
of the overnight services to be provided, which has triggered the conditional use process. Five
I beds are to be provided for overnight services. which will allow those individuals to stay at the
facility.
The Planning Director stated that alterations to the existing single-family structure will
consist of interior remodeling, with a minimum of exterior work and site work to provide some
off-street parking spaces. Signage for the facility will be limited to information on the mail box
on Kagy Boulevard, which staff has determined is consistent with signage in a residential
zoning district.
Planning Director Epple stated the subject property is not within the city limits and
is not serviced by City water or sewer services. He then noted that single-family residential
properties surround this site.
The Planning Director ind:tated that staff has reviewed this application in light of the
e six criteria for review of conditional use permits; and the comprehensive staff findings are
contained in the written staff report, which was previously submitted to the Commission. He
briefly highlighted some of the findings contained in that staff report, noting that four parking
spaces, in addition to the two in the garage, will be needed for guests. The driveway does not
meeting required width standards for commercial development, since it is only 16 feet wide.
However, with the minimum amount of traffic anticipated for this use, the Director of Public
Service has granted a variance to allow the existing driveway to remain. He noted that, while
the average daily trips for a single-family residence are estimated at 9.55 trips per day, it is
projected this use will generate 13 trips per day. He characterized this as an
insignificant
increase, which the existing roadways can easily accommodate.
The Planning Director stated that the only pUblic comment received to date was from
I a neighbor immediately to the east, who was concerned that the driveway would be upgraded
with this proposal.
Planning Director Epple stated that, after reviewing this application in light of the
criteria set forth, staff forwarded its recommendation for approval, subject to thirteen
08-01-94
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-
conditions. Following its public hearing on this application at its meeting of July 19, the City-
County Planning Board concurred in that recommendation.
Mr. Joe Mangiantini, applicant, stated that a recent survey on needs in the community
revealed that a transitional home for people coming home from the hospital or recuperating
I from a long illness is an identified need. He stated that his wife has been a registered nurse
for twenty years, eight of those being in geriatrics. He then indicated a willingness to respond
to questions.
Mr. Don Walters, 2200 West Dickerson Avenue, No. 83, stated he is coordinator for
the American Association of Retired Persons and is on the board of the Gallatin County Council
on Aging. He noted the increasing number of seniors, and the fact that those seniors want to
stay out of a nursing home as long as possible. He stated that this facility will provide a place
for people to take their elderly while they go shopping, go for a holiday, or some other activity
which takes them away from home. He then encouraged Commission approval
of this
application.
Ms. Mary Vant Hull, 416 East Story Street, stated this is one of the most community-
e friendly facilities that has been before the Commission for consideration. She then encouraged
approval of this application.
Mr. Sherm Janke, 415 North 17th Avenue, stated he owns the vacant lot to the west
of this subject property. He stated his support for the application, noting that it will provided
a much-needed service in the community. He also noted the surroundings are very pleasant.
He indicated that his only reservation was with the adequacy of the existing septic system;
however, the applicants have alleviated that concern by indicating a willingness to work with
the Gallatin County Health Department to upgrade the system if it is deemed necessary.
Mr. Rodney Fulton, Executive Director of Child Care Connections, stated support for
this proposal. He noted that his business is no longer strictly limited to child care, but involves
dependent care. Because of the fact that elderly day care services do not
currently exist in
I Bozeman, he has no opportunity for referrals in that area. He then encouraged the Commission
to approve this application, noting it will break ground for providing this type of service in our
community .
Mr. Chuck Peden, 507 Ice Pond Road, stated that both of the applicants were
students of his at MSU; and he feels that with their backgrounds, experience and personalities,
08-01-94
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-
that they will be successful in this endeavor. He then encouraged Commission approval of this
application.
Responding to Mayor Vincent, Mr. Mangiantini stated that they will provide
as much
transportation of clients as possible with their van, thus minimizing the amount of traffic on the
I driveway. He then noted that they will make sure that the driveway is maintained so that
people can gain access to their facility.
Since there was no Commissioner objections, Mayor Vincent closed the
pUblic
hearing.
There were no Commissioner objections to waiving the customary one-week
waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission approve the Conditional Use Permit requested by Marian Steffes and Joseph
Mangiantini for the Caughlin Estate, under Application Z-9474, to allow conversion of an
existing single-family residence to "Bear Creek Respite Care Center", a group home for adults
with functional impairments, located on Tracts 1 and 2 of Longacres Subdivision, subject to
. the following conditions:
1. That four on-site parking spaces be created near the structure,
with
the design to comply with Code. Specifically, the parking
spaces
must be paved, provide adequate back-up and/or turning
maneuverability,
have wheel stops, and may not be "stacked".
The
location of the parking spaces shall be shown on the final site
plan,
for the final review and approval by the Planning Staff.
Additional
landscaping may be required on the perimeter of the
parking
area to ensure adequate buffering of adjoining property.
2. The
final site plan shall include a detail of any proposed signage.
Per
the Sign Code, signs in the R-S zoning district are limited to
two
square feet in size.
3. The
Gallatin County Environmental Health Office must verify, in
writing,
that the septic and well systems on the subject site are
adequate
for the proposed use, prior to final site plan approval.
4. The
Sourdough Fire District, which serves this property, shall be
notified
in writing by the applicant of the intended use of the
I property,
prior to final site plan approval.
5. The property owners shall provide and file with
the County Clerk
and Recorder's office executed Waivers of Right
to Protest
Creation
of SIDs, which shall specify that in the event SID's are
not
utilized for the completion of these projects, the property
owner
shall agree to participate in an alternate financing method
for
completion of said improvements on a fair share, proportionate
basis
as determined by square footage of the property, linear front
08-01-94
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footage
of the property, taxable valuation of the property, or
combination
thereof. The Waiver shall include the following:
a.
Street improvements to Kagy Boulevard including paving,
curb/gutter,
sidewalk, and storm drainage.
b. Signalization
at Kagy Boulevard and Sourdough Road.
I 6. Seven
copies of the final plan containing all of the conditions,
corrections, and modifications approved by the
City Commission
shall be submitted for review and approved by
the Planning
Director within six months of the date of City
Commission
approval;
7. 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 plan submittal. Detailed cost
estimates,
construction plans and methods of security shall be
made
a part of that Agreement;
8. 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;
. 9. A building
permit shall be obtained from the City of Bozeman
Building
Department for the
interior remodel prior
to
commencement of the remodeling;
10. The
right to a use and occupancy permit shall be contingent upon
the
fulfillment of all general and special conditions imposed on the
Conditional
Use Permit procedure;
11. That
all of the special conditions shall constitute restrictions
running
with the land use and shall be binding upon the owner of
the
land, successors or assigns;
12. That
all conditions specifically stated under any Conditional Use
listed
in the Zoning Ordinance shall apply and be adhered to by
the
owner of the land, successors or assigns;
13. That
all of the special conditions required by the City Commission
shall
be consented to in writing by the applicant.
The motion carried by the following Aye and No vote:
those voting Aye being
I Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and
Mayor Vincent; those voting No, none.
08-01-94
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Continued Dublic hearing - Conditional Use Permit for Planned Unit Development - Kevin and
Shellv Shrover - to allow develODment of 22.94-acre residential develoDment - located in the
NW%. Section 16. T1 S. R6E. MPM (500 Bozeman Trail Road) (Z-9480)
This was the time and place set for the continued public hearing on the Conditional
Use Permit for a Planned Unit Development as requested by Kevin and Shelly Shroyer, under
I Application No. Z-9480, to allow residential development on 22.94-acre located in the
Northwest one-quarter, Section 16, Township 1 South, Range 6 East, Montana Principal
Meridian. The subject is property is more commonly located at 500 Bozeman Trail Road.
Mayor Vincent opened the continued public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that
under this
application, the applicant is proposing to convert approximately 23 acres of agricultural land
into 18 residential suburban lots, which will be developed in two phases. An internal looped
road system is designed to provide access onto Bozeman Trail Road, which is designated as
a rural minor collector.
The Senior Planner stated that the property immediately to the north, which is owned
by Mike and Judy Meagher, was subdivided into nine lots under a major subdivision review
. approximately 1 y, years ago. As that subdivision is developed, it is anticipated that the internal
road systems will connect, thus providing an access onto Haggerty Lane.
The Senior Planner stated that under this subdivision, 3.72 acres of open space is to
be provided, with that open space following along topographical features, including two
drainage swales. Approximately 1.4 acres of dedicated parkland is proposed along the south
boundary which will link with the trail easement on the property immediately to the south.
Senior Planner Skelton noted that this application appears to be consistent with the
trend in that immediate area. He stated the vicinity map shows the substantial
amount of
development which is occurring, through both the major subdivision and the minor subdivision
processes.
Senior Planner Dave Skelton reminded the Commission that in June 1994, they
I approved an application for a zone map amendment to change the zoning on this parcel from
A-S, Agricultural Suburban, to R-S, Residential Suburban. He stated that the application
currently under consideration is a two-part application. The first part is for a subdivision, which
will be considered by the County Commission; and the second part is for a conditional use
permit for a planned unit development, which is the subject of this continued public hearing.
08-01-94
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The Senior Planner stated that staff has reviewed this application in
light of the
extensive review criteria set forth for planned unit developments as well as the six criteria set
forth for conditional use permits. He stated that the
staff's comprehensive findings are
contained in the written staff report, which was previously submitted to the Commission. He
I briefly highlighted those findings, noting that this application will result in an average gross
density of one residence per acre.
The Senior Planner stated that the Design Review Board reviewed this
application and
proposed that the parkland be moved to a central location in the development, where it would
be more beneficial to the residents than its proposed location along the southern boundary.
Under the Planned Unit Development chapter of the zone code, 30 percent open space,
exclusive of required setbacks, is required. He noted that, after calculating the amount of open
space proposed, staff has determined that the proposal is .711 acres short of open space,
which must be provided if this application is approved.
The Senior Planner stated that the proposed lots will range from 3/4
acre to 1 acre
in size, and will accommodate single-family homes.
He emphasized the fact that no density
e bonus is being requested under this application; and it is designed for single-family residential
development only. He stated that, because of those facts, the architectural and design
guidelines are not as stringent or comprehensive as those for the Fort Ellis Leisure Community,
which is east of the subject site.
Senior Planner Skelton stated that this application will result in 23
to 24 dwelling units
on a site which contains approximately 23 acres; and that is in compliance with the master
plan. The identified physical constraints on the site, which include
the two swales, impact
approximately 20 percent of the total site, thus reducing the developable acreage to 18 acres.
The Senior Planner stated that Mr. James Kurk, Chief of the Fort Ellis
Volunteer Fire
District, has asked that the applicant provide an on-site fill site to ensure adequate fire
protection. This fill site is to be located in a manner that will allow it to be shared by this
I subdivision as well as Meagher's subdivision to the north. He noted that the developer is
proposing to improve the trails in a four-foot-wide format with wood chips, with landscaping
on each side. In addition, the dedicated parkland is to be landscaped in a manner similar to the
trail system; and the streetscape is to be completed in compliance with the zone code.
08-01-94
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Senior Planner Skelton stated that the City-County Planning Board conducted its
public hearing on this application at its meeting held on July 19. Following that public hearing,
the Planning Board forwarded its recommendation for approval of the conditional use permit,
subject to twelve conditions.
I Mr. Keith Belden, Morrison-Maierle/CSSA, engineering consultant representing the
applicant, stated a willingness to respond to questions. He also noted that the applicant is
willing to accept the conditions which have been recommended by the Planning staff and the
Planning Board.
Responding to Commissioner Stueck, the Senior Planner stated that the Planning
Board felt that the parkland would best serve the subdivision if it were more centrally located.
They further determined that this would be preferable to trying to use the parkland as a buffer
from the helicopter business to the south. He then stated that the helicopter operation is not
immediately to the south, but there is one property owner in between.
Responding to the City Manager, the Senior Planner stated that, prior to purchasing
lots along the southern boundary of this development, potential buyers will have an opportunity
. to assess those lots in relationship to the heliport., He noted that since the heliport is private,
it does not have many restrictions on approaches and take-offs.
Responding to comments from Senior Planner Skelton, Mr. Belden stated that, in
addition to using parkland along the southern boundary to serve as a buffer from the heliport,
it was to be used as a community drainfield since that is the flattest portion of the subject site.
He noted that the more interior location is marginal; however, he believes that it can serve as
a community drainfield as well.
Responding to questions from Commissioner Youngman, Mr. Belden indicated that
another segment can be added to the trail system to provide the link through which residents
within this development can gain access to the trail system in this area.
Responding to Commissioner Youngman, Senior Planner Skelton stated the road
I within this development is to be a 24-foot-wide paved road with two-foot-wide gravel
shoulders.
Commissioner Youngman noted that when the original minor subdivision was created,
this entire parcel under consideration for further subdivision was the open space for the four
lots that were created. She expressed concern that with this major subdivision, there will be
08-01-94
--.. ---.,.----
- 45 -
no open space for the original four lots. She noted that the 30-percent open space requirement
for this development has been based on only the 18 + acres under consideration at this time,
not the total of 22 + acres in the entire parcel.
Senior Planner Skelton reminded the Commission that this is a conditional use permit
I process, under which innovative design can be considered. He then stated that if the
Commission does not believe that the open space and dedicated parkland under this proposal
are adequate to mitigate identified impacts, it can require that additional open space be
provided.
Mr. Keith Belden stated that 4.44 acres of open space and parkland have been set
aside under this application. He then reminded the Commission that when the four-lot minor
subdivision was created, a cash-in-lieu of parkland was paid, even though there was no
requirement for a parkland dedication; and there were no covenants on this subject 18 + acres
which require that it be maintained in open space for the original four units.
Mr. Belden stated that when the original four lots were developed, the applicant asked
for a variance which would allow the lots to be .89 acre in size; but that request was not
. approved and the lots were created as '-acre lots.
Since there was no Commissioner objections Mayor Vincent closed the public hearing.
Commissioner Youngman expressed concern about the process which has been
followed in developing this subject property. She asked that the staff carefully review the zone
code requirements in an effort to minimize the potential of entertaining applications for
development of previously identified open space.
Senior Planner Skelton responded that this process has been utilized to incorporate
the original four-lot minor subdivision into the entire development. He further stated that, since
the planned unit development process has been utilized for the proposal for development of the
subdivision, he feels that it provides the amenities necessary to be compatible with the
surrounding area.
I There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the Conditional Use Permit for a Planned Unit Development as requested
by Kevin and Shelly Shroyer, under Application No. Z-9480, to allow residential development
08-01-94
- 46-
of 22.94 acres located in the Northwest one-quarter, Section 16, Township
1 South, Range
6 East, Montana Principal Meridian, subject to the following conditions:
1. That
the applicants relocate the dedicated parkland such that it is
more
centrally located
within the subdivision/planned unit
development
for review and approval by the Planning Office, and
that
it be identified accordingly on the final subdivision plat and
I exhibits
of the protective covenants prior to final conditional use
permit approval. The location of the park land
will be subject to
approval by the Department of Health;
2. That
the applicants install the four (4) foot wide, wood chip trail
system
along the perimeter and interior of the development as
described
on Figure One of the addendum to the protective
covenants
prior to final conditional use permit approval;
3. That
the applicants provide a landscape plan and landscape legend
for
a typical fifty (50) foot long section of the trial noting the
landscape
types and sizes to be installed along the entire trail
system,
and that the landscape plan for the trail system
incorporate
deciduous and coniferous trees to compliment the
proposed
streetscape and surrounding area for review and
approval
by the Planning Office, that the applicants also install a
similar
landscape plan within the dedicated park land, and that
exhibits
for the landscape plan and legend be included in the
homeowners'
association protective covenants prior to final
conditional
use permit approval;
4. That
the applicants install an adequate on-site water holding tank
. for
adequate fire protection facilities for review and written
approval by the Fort Ellis
Fire Service Area prior to final
conditional use permit approval, and that the
fill site must be in
place
and operable prior to construction of any buildings;
5. That
the applicants provide the required minimum thirty (30)
percent
open space, exclusive of required yard setbacks, and that
it be
noted accordingly in the protective covenants for the
homeowners'
association prior to final conditional use permit
approval;
6. That
the homeowners' association protective covenants provide
a section
and the appropriate language indicating that each
property
owner may be subject to the cost of urban services at
the
time the service(s) are provided to the area;
7. That
seven (7) copies of the final site plan for the Planned Unit
Development
which contains all of the conditions, corrections,
and
modifications approved by the City Commission shall be
approved
by the Planning Director within three (3) years following
the
approval of the preliminary plan by the Bozeman City
I Commission.
Upon application and for good cause, the Planning
Director may administratively extend the period
for filing site plan
for two successive six-month periods. Any additional
six-month
extensions must be approved, if at all, only by
the Planning Board.
The
final site plan shall comply with Section 18.54.080.C of the
Bozeman
zoning ordinance, as printed in the 9-93 codification of
the
Bozeman Municipal Code. The final site plan must be
approved
prior to final subdivision plat approval;
08-01-94
- 47 -
8.
That applicants shall enter into an Improvements Agreement with
the City to
guarantee the installation of
required on-site
improvements at the time of Conditional Use Permit final site plan
submittal. These improvements will include the construction of
the entire trail system during Phase One, landscaping along the
trail system, and landscaping within the dedicated park land;
9.
That preliminary subdivision plat approval must be granted for
I
each phase of the development, with the final plat filed prior to
the sale of any residential lots. A building permit will not be
issued for any new construction within the development until the
final plat is filed and until a public road is constructed and
accepted to serve the residential lot;
10. The
right to use and occupancy permit shall be contingent upon
the fulfillment of all general and special conditions imposed on the
Conditional Use Permit procedure;
11. 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 and assigns; and
12. That
all of the special conditions required by the City Commission
shall be consented to in writing by the applicants.
The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor
Vincent; those
voting No being Commissioner Youngman.
.
Adjournment - 8:30 D.m.
There being no further business to come before the Commission at this
time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the
meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and
Mayor Vincent; those voting No, none.
.--
ATTEST:
I ~ :i~
ROBIN L. SULLIVAN
Clerk of the Commission
08-01-94