HomeMy WebLinkAbout1994-07-18 ccm
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 18, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, July 18, 1994, at 3:00 p.m. Present were Mayor Pro Tempore
Stueck, Commissioner Youngman, Commissioner Stiff, Commissioner Frost, City Manager
Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
Mayor Vincent was
absent in compliance with Section 7-3-4322(2), M.C.A.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Pro Tempore Stueck asked if any of the Commissioners wished to remove any
of the Consent Items for discussion. City Manager Wysocki requested that the Findings of Fact
for the Mathew Bird Creek Subdivision be removed from this week's agenda and placed on next
week's agenda, to allow one of the Commissioners an opportunity to discuss those findings
with staff.
.
Minutes. Mav 23 and Julv 5. 1994
Responding to Mayor Pro Tempore Stueck, Clerk of the Commission Sullivan noted
that the minutes from the regular meeting of May 23 were approved at last week's meeting.
She noted, however, that a careful review of the minutes during this past week revealed that
one of the conditions for the Mathew Bird Creek Subdivision was inadvertently omitted from
the listing of conditions, even though it had been included in the discussion portion of the
minutes. She then asked that the minutes from that meeting be amended at
this time to
include the condition in the listing of conditions.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the regular meeting of May 23 be amended per the memo forwarded by the Clerk
. of the Commission and that the minutes of the regular meeting of July 5, 1994, be approved
as submitted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore
Stueck; those voting No, none.
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Decision - aD Deal of Planning Board's decision for aDDroval of maior site Dlan to allow
construction of 85 residential condominiums on 19.09 acres - cas No. 1917. located in the
NWY4. NEY4. 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 requested
by Human Resource Development Council, to appeal 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. 2-9452. The subject parcel is known as Certificate of
Survey No. 1917, located in the Northwest one-quarter, Northeast one-quarter of Section 11,
Township 2 South, Range 5 East, Montana Principal Meridian, and is more commonly located
at 2400 Durston Road.
City Manager Wysocki stated that he met with the applicant and contractor the
middle of last week to discuss several of the issues which were raised at last week's hearing.
He then stated that both parties agreed that it would be best to ask that the decision on this
item be delayed until after those issues can be answered and, therefore, ask that the decision
be tabled to a future date.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
. decision on the appeal of the Planning Board's decision for approval of major site plan under
Application No. Z-9452, as requested by the Human Resource Development Council, be tabled
until staff has had an opportunity to address the issues raised during appellate process. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting
No, none.
Decision - P.C. DeveloDment. Inc. - (a) CUP for PUD - allow a nine-lot business/commercial
develoDment (Z-9458); and (b) Dreliminarv Dlat for Vallev Commons Business Park Subdivision
PUD to create nine lots with a Drivate street (P-9424) on 15.2 acres located in the SEY4 and
SWY4 of the SEY4. Section 10. T2S, R5E, MPM (northeast corner of Ferguson Avenue and US
191 )
. This was the time and place set for the decisions on applications forwarded by P.C.
Development, Inc., for development of 15.2 acres located in the Southeast one-quarter and the
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 2-9453, to allow a nine-lot business/commercial
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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 private street.
The
subject property is more commonly located at the northeast corner of Ferguson Avenue and
US 191.
. City Manager Wysocki noted there was some confusion among some of the parties
involved about when the decision on these applications would be made. He then stated that
on Friday afternoon, he talked to a representative of P.C. Development to make sure that he
understood that the Commission would not be taking action on these applications until August
1, particularly in light of the sixty-day review requirement for preliminary plats. He noted that
the applicant has acknowledged that extension; however, he felt it was important to place this
item on the agenda to avoid any potential for misunderstanding. He then recommended that
the Commission delay its decisions on these applications until August 1.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission delay the decisions on applications forwarded by P.C. Development, Inc., as
follows: (a) for a Conditional Use Permit for a Planned Unit Development,
under Application
. No Z-9453, 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 private street, until the August 1 Commission meeting, when a full
Commission will be present. The motion carried by the following
Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor
Pro Tempore Stueck; those voting No, none.
Pledaed Securities as of June 30. 1994
In compliance with the provisions of Sections 7-6-201
to 7-6-212, M.C.A.,
Commissioner Youngman and Commissioner Stiff have examined the receipts of Depository
Bonds and Pledged Securities held by the Director of Finance as security for City funds
. deposited in Bozeman banks. The inventory of Depository Bonds and Pledged Securities was
found to be in order.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission approved the Pledged Securities as of June 30, 1994, listed as follows:
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DEPOSITORY BONDS AND SECURITIES
JUNE 30, 1994
RATE
MATURITY RECEIPT NO.
TOTAL AMOUNT
FIRST SECURITY BANK - Bozeman
. Federal Deposit Insurance Corporation
$
100,000.00
Trusteed with National Bank of Commerce
Dupage Cnty, III SID #045 Bds
6.1 06/01/2001 048037
$ 300,000.00
Newton, IA Bonds SRS 1989
9.50 06/01/1998 046762
150,000.00
Sartell, Minn Indpt SID #748
4.50 02/01/1995 050936
245,000.00
Cowlitz Cnty WA SID #401
6.30 06/01/2000 048236
290.000.00
Sub.Total - First Security Bank - Bozeman
$
985,000.00
Pledaina Amendment to Reourchase Aareement:
Trusteed with National Bank of Commerce:
Fed Home Loan Banks
floater 07/28/1997 052396 $ 1,000,000.00
Fed Home Loan Banks
6.625 07/10/1997 052192
800,000.00
. Sub-Total - Repurchase Agreement
$ 1 ,800,000.00
TOT AL - First Security Bank - Bozeman
$ 2.785,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the National Bank
of Commerce for the Depository Bonds held by the Director of Finance as security, for the
deposit for the City of Bozeman funds as of June 30, 1994, by the banks of Bozeman and
approve and accept the same.
JOHN VINCENT, Mayor
JOE N. FROST, Commissioner
ALFRED M. STIFF, Commissioner
. DON E. STUECK, Commissioner
MARCIA B. YOUNGMAN, Commissioner
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those
voting No, none.
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Appointments to Parking Commission
Included in the Commissioners' packets was a memo from the Clerk of the
Commission, dated July 14, 1994, listing the applicants for the vacancies
on this board.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
. Commission re-appoint Jim Westberg and appoint John M. Shadoan to replace Les Hausauer
on the Parking Commission, with four-year terms to expire on June 30,
1998. The motion
carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff,
Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck;
those voting
No, none.
City Manager Wysocki stated the Parking Commission is currently considering the
possibility of expanding its membership to seven members within the next
few months. He
suggested that the other application be held for that appointment process
and that the
applicant be so notified; the Commission concurred.
Discussion - FYI Items
. City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Notice of Special Meeting to be held at 7:00 p.m. on
Tuesday, July 19.
(2) Notice of Special Meeting to be held at 2:30 p.m. on
Friday, July 22.
(3) Letter from Susan Higgins, dated July 8, announcing her
resignation from
the Bozeman Beautification Advisory Board as well as Joanne Tackle's
resignation, which
occurred several months ago.
(4) Copy of a letter from Tiffany Knutson, American Diabetes
Association,
regarding the Walktoberfest, which is to be held on October 1.
(5) Several
communications in opposition to the installation of "no parking"
signs along both sides of South 8th Avenue, including: a letter from
Carrie Mikkelson, 210
. South 8th Avenue, dated July 14; memo forwarding comments from a telephone call received
on July 14 from Beulah and Frank Uhl, 220 South 8th Avenue; letter from
Howard L.
VanderVos, 221 South 8th Avenue; note regarding telephone call from Joyce
VanderVos, 221
South 8th Avenue, received on July 18; and a petition requesting the
halting of the installation
of "no parking" signs along South 8th Avenue, signed by 47 residents
of the general area.
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Ms. Carrie Mikkelson stated she is present and wishes to address the Commission
regarding this issue if possible; Beulah and Frank Uhl also noted their presence at this meeting.
The City Manager distributed copies of an article from the December 5, 1993 edition
of the Bozeman Daily Chronicle, in which the banning of parking along both sides of South 8th
. Avenue between West Cleveland Street and West Main Street was mentioned. He then
reminded the Commission that the Commission's public hearing on the transportation plan was
held on February 1, 1993; and work sessions were conducted on February 22, March 1, 8, 22
and 29, and April 19 and 26, 1993, before final adoption of the transportation plan on April
26, 1993. He noted that, more recently, during review of the proposed neighborhood parking
district near the Montana
State University campus, City staff
reviewed the various
transportation system maintenance (TSM) projects in that immediate area which would be
implemented in conjunction with that parking district.
Ms. Carrie Mikkelson stated she is the one who started the petition asking that the
installation of the "no parking" signs be stopped. She stated that she has obtained the minutes
from many of the Commission meetings which were mentioned above; and this project is not
. mentioned in any of them. She also noted that the newspaper
article is written about the
neighborhood parking district; and the statement in that article says "With the commission's
approval, parking could be banned from: Both sides of Eighth Avenue between Cleveland and
Main streets. ..."
Mayor Pro Tempore Stueck noted that, since this is an FYI item, if the Commission
wishes to discuss it, it can be placed on next week's agenda as a discussion item.
The City Manager stated that this project is in progress right now and, if the
Commission does not direct staff to stop the process, it will be completed before next week's
Commission meeting.
Responding to questions from Commissioner Youngman, Director of Public Service
Forbes stated that parking is to be removed from one side of South 11 th Avenue, both sides
. of South 8th Avenue, one side of West College Street, the east side of South 6th Avenue and
the south side of West Grant Street under this summer's implementation of TSM projects. He
then stated that, even though the TSM projects and the neighborhood parking district are two
separate issues, they are somewhat inseparable.
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City Manager Wysocki stated he thought the staff had been given adequate direction
to begin this process.
Commissioner Youngman forwarded her hesitation to revisit a previous Commission's
decision.
. Commissioner Frost noted the number of opportunities for public input during the
transportation plan process. He noted that the decisions were not easy to make the first time;
and he does not feel the Commission should be required to make those decisions over and over,
particularly since they were made for a reason the first time.
The City Manager reminded the COmmission that there are 70 + TSM's in the
transportation plan update; and four or five of them are being implemented now. H
e noted
there are several others which will be undertaken in the near future.
Commissioner Stiff stated he shares the concerns of those who are present at this
meeting, particularly since he lived on that street at one time. He then
stated that he had
concerns about this particular project when the transportation plan was adopted; and he still
has those concerns. He noted that if the decision was consciously made, then it should not
. be reconsidered; however, if "there is any question about the bona fides of the decision", it
should be addressed.
Mayor Pro Tempore Stueck stated he understands the neighborhood concerns;
however, he is reluctant to turn over a previous Commission process.
Ms. Mikkelson thanked the Commission for their consideration. She then noted that
since the City has the addresses of all those who live along the street, it would have been nice
to receive notice that the signs would be installed. She also reminded the Commission of the
median in the middle of the street, suggesting that if it were removed, bicycle lanes could be
provided without removing the on-street parking.
Mrs. Beulah Uhl stated that the inability to park in front of one's home will create a
problem, particularly for visitors. She noted that removal of the boulevard was considered at
. one time; and she feels that would be a viable alternative in this situation.
Director of Public Service Forbes stated that, while the removal of the boulevards was
not a part of the discussions revolving around the transportation plan, it has been a topic of
staff discussions. He reminded the Commission that the curbs and gutters around
the
boulevards are pretty well gone; and staff has considered narrowing, but not removing, those
07-18-94
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medians. He cautioned that this change would create a substantially more expensive project
than was originally anticipated.
Mayor Pro Tempore Stueck stated that, in light of the Commissioner comments, there
will be no change in the status of this project. He then asked that
staff review this issue
. further, monitoring whether the elimination of on-street parking has created problems for the
residents, to ensure that impacts are minimized. He noted that if an alternative is identified,
it should be carefully considered.
(6) Letter from Jim Berry and Shelle Egbert, March for Jesus, dated July
11,
providing a report on their march.
(7) Memo from Planning Director Epple, dated July 8, forwarding the revised
work program and budget for Fiscal Year 1994-1995 for the Planning Board.
(8) Agenda for the Gallatin County Commission meeting to be held at 1 :30
p.m.
on Tuesday, July 19, along with daily minutes for the week of July 4 and the minutes for the
pUblic meeting held on June 21 .
(9) Agenda for the Development Review Committee meeting to be held at 10:00
. a.m. on Tuesday, July 19, at the Carnegie Building.
(10) Agenda for the City-County Planning Board meeting to be held at 7:00
p.m.
on Tuesday, July 19, in the Commission Room.
(11 ) The City Manager submitted his weekly report, as follows. (1)
Announced
that the best and final proposals for the telephone system are due on Friday. They will then
be reviewed and tabulated, with a recommendation to be forwarded within the next few days
thereafter. (2) Announced that the Beall Park Arts Center has sent a letter requesting that the
City consider a mill levy for operation of the arts center. He cautioned the Commission that
this item has not been included in the budget. He further noted that the City already donates
the building, which is a substantial value. (3) Stated he has been working on the budget and
negotiations this past week, including two work sessions with the Commission. (4) Announced
. that applications for participation in Leadership Bozeman will be due shortly. He noted that,
typically, the City sends one elected official and one employee, and asked any interested
Commissioner to contact him in the near future. He noted this requires the commitment of one
Thursday a month for a period of nine months. (5) Announced that he will be meeting with the
Department of Fish, Wildlife and Parks regarding the Bozeman Ponds.
He noted that the
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Department is interested in having the City take over responsibility for maintenance of the
ponds or leasing them; and he is concerned about the impacts that may have on the City's
resources. (6) Announced the annual City picnic, which is scheduled for 5:30 p.m. on Friday,
August 5, at the Bogert Pavilion. He asked the Commissioners
to be prepared to indicated
. whether or not they plan to attend within the next week or so.
(12) Commissioner Youngman stated the cable television franchising committee
meeting was excellent. She noted that the meeting, which was both video taped and audio
taped, received good coverage in the Billings Gazette.
( 13) Commissioner Stiff stated that he attended a gathering of people
who
graduated from Gallatin County High School fifty years ago; and one of the main topics of
conversation was the problems encountered when trying to go from one place to another in
Bozeman.
(14) City Attorney Luwe announced that Police Chief Boyer has issued a press
release, which will be the basis of a article in tonight's Bozeman Daily Chronicle.
He stated
that, while he has not seen the press release, he has been informed that it includes admission
. to misconduct based on inappropriate use of the telephone and a City vehicle. He stated that
this issue is currently being reviewed internally, and that appropriate restitution will be sought.
( 15) Clerk of the Commission Sullivan submitted the following. (1)
Asked how
many of the Commissioners plan to attend the "green building" meeting to be held at 4:00 p.m.
tomorrow, so she can provide a response to Mr. Bancroft's office; three of the Commissioners
indicated their intent to attend. (2) Reviewed the agenda for
next week's meeting, which
includes an afternoon agenda only.
( 16) Mayor Pro Tempore Stueck noted that a couple of weeks ago, he
suggested
setting a meeting which includes members of the Commission, the Design Review Board and
the City-County Planning Board to discuss various issues, including affordable housing and
transportation. He suggested that, if possible, that meeting should be held before the August
. 8 town meeting.
(17) Mayor Pro Tempore Stueck asked City Attorney Luwe if there is any problem
in having an individual who recently served as a paid intern in the Planning Office serving as
an appointee on both the Board of Adjustment and the City-County Planning Board. He stated
there appear to be no rules prohibiting an individual from serving on two boards at the same
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time; however, he feels the potential for encountering conflicts as a
result of serving on these
two extremely important boards at the same time could cause some problems
that might have
been avoided.
City Attorney Luwe stated that Planning Director Epple does a good job
of monitoring
. potential conflicts of interest; and if he has any questions. he is in contact with the City
Attorney prior to the Board's meeting. He then noted that the individual
must also be
responsible for monitoring potential conflicts and raising those issues
and, if a conflict exists,
stepping aside and not participating in that process.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Deviation from Section 18.43.060.0.1. of the Bozeman MuniciDal Code.
to
allow
CanODY to encroach 34 feet into reauired 50-foot front yard
setback
from entryway corridor - Town PumD. 2607 West Main
Street:
oer DRB recommendations
Commission
Resolution No. 2988
- levying and
assessing street
maintenance
district for FY95: set Dublic hearing for Auaust 1.
~
.
COMMISSION RESOLUTION NO. 2988
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 1995 UPON ALL REAL PROPERTY IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY
THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET
MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN.
Commission Resolution No. 2989 -Ievyina and assessina tree maintenance
district
for FY95: set Dublic hearing for Auaust 1. 1994
COMMISSION RESOLUTION NO. 2989
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 1995 UPON ALL REAL PROPERTY IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY
THE COST
AND EXPENSE
INCURRED IN THE
CITY-WIDE TREE
MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN.
. Authorize Mayor Pro Temoore to sian - Contracts between the City of
Bozeman and the State Deoartment of Commerce and
between
the
City of Bozeman and Bozeman Interfaith Housing - for nine-
unit
affordable rental housinQ oroiects
Authorize City Manaaer to sign - Utility PiDeline Easements and Aareements
- SE
~. Section 11. T2S. R5E. MPM (extending between West
Main
Street and West Babcock Street)
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Award bid for DrODertv insurance coverage for Fiscal Year 1994-1995 to
Western
States Insurance. Der memo from Administrative Services
Director
Gamradt. dated Julv 12. 1994
Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
. the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and Mayor Pro Tempore Stueck; those voting No, none.
Break - 3:43 to 3:46 D.m.
Mayor Pro Tempore Stueck declared a break from 3:43 p.m. to 3:46 p.m., in
accordance with Commission policy established at their regular meeting of March 14, 1983.
Work session - selectina of tranSDortation Droiects to be included in aeneral obligation bond
issue
At Mayor Pro Tempore Stueck's request, each of the Commissioners forwarded
. his/her views on the proposed bond issue, using last week's discussion as a beginning point.
Commissioner Stiff stated he feels it is critical to include those transportation projects
which cannot be funded through any other source in the next decade into this bond issue. He
then suggested that, rather than just including three intersections along Durston Road in this
bond issue, improvement of Durston from North 7th Avenue to North 19th Avenue should be
considered. He then cautioned that the amount of the bond issue must make
sense to the
community, to receive the needed support.
Commissioner Frost stated his willingness to support a $4 million bond issue noting
that, in addition to the projects he had identified at last week's meeting, he would be willing
to add improvements to South Third Avenue and an additional $.5 million for improvements to
. Durston Road.
Mayor Pro Tempore Stueck suggested that the extension of 7th Avenue from Main
to Babcock and extension of 15th Avenue from Main to Babcock be removed from the list, that
a $250,000 contingency be added, to cover any overages in the projects selected, with any
remaining funds available being applied to the purchase of right-of-way. He also suggested that
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the Commission not select a specific dollar amount and try to make the projects fit; rather, it
would be better to select the projects to be funded and then set that as the amount of the bond
issue.
Commissioner Youngman suggested the possibility of purchasing the right-of-way
for
. extension of 7th Avenue from Main to Babcock, with a life tenancy provision on any homes
involved.
Responding to Commissioner Stiff, the City Manager estimated that an
additional $.5
million should be sufficient to allow for improvements to Durston Road from North 7th Avenue
to North 19th Avenue. He stated that those improvements will probably include provisions for
bicycles, curb and gutter and possibly new sidewalks. He then indicated that storm drainage
must also be addressed; and that is probably the most expensive component of the entire
project.
Mayor Pro Tempore Stueck asked if it would be beneficial to have each
Commissioner
list his/her top priority items; Director of Public Service Phill Forbes responded that it would.
The Mayor Pro Tempore then stated his priorities are West Babcock Street from Main to
. Ferguson, Durston Road and South Third Avenue.
Commissioner Stiff stated his top priority is Durston Road.
Commissioner Frost stated that Durston Road is the biggest bottleneck
in the city
right now. After that, he lists West Babcock Street, followed by some of the smaller items that
will make a big difference, such as traffic signals.
Commissioner Youngman stated she feels the little neighborhood traffic
items are
extremely important; and she also feels that Durston Road and West Babcock Street are high
priority items.
As a result of discussions on the list of projects which had been submitted
for
possible consideration, the Commissioners agreed on the following revisions:
decrease the
amount for design of South 19th Avenue between Main and Kagy from $300,000 to
. $175,000; eliminate extension of 7th Avenue from Main to Babcock; decrease the amount for
design of the Rouse and Peach intersection from
$386,000 to $125,000; and add
approximately $.5 million for improvements to Durston Road between 7th Avenue and 19th
Avenue.
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City Manager Wysocki emphasized the importance of having one or two preliminary
designs on the shelf, particularly for streets which are also State highways because the City
could possibly obtain some State funds for those projects at some time in the future if it can
move quickly.
. Mayor Pro Tempore Stueck reiterated his interest in establishing a contingency and
increasing the amount of right-of-way acquisition.
Commissioner Stiff emphasized the importance of implementing an impact fee as
quickly as possible, in an effort to make this general obligation bond issue palatable for the
public.
The Commissioners reviewed the rough figures generated as a result of the revisions
to the list of projects which had been submitted, estimating the total at just under $4 million
plus the costs of improving Durston Road.
Mayor Pro Tempore Stueck suggested that the intersections of West Babcock Street
with South 8th Avenue and South 11th Avenue may need improving with the extension of
15th Avenue from Main to Babcock. He then asked what the costs of those projects might be.
. Commissioner Frost requested an estimate of costs for improvements to Durston Road
before making a final decision on the project list.
City Manager Wysocki noted there had been some Commission discussion about
placing this issue on a mail ballot rather than on the general election ballot in November. He
then forwarded his recommendation that the issue be placed on the general election ballot.
Mayor Pro Tempore Stueck requested that a proposed list of projects, based on this
discussion, be brought back next week for further consideration and finalization.
Recess - 4:23 D.m.
Mayor Pro Tempore Stueck declared a recess at 4:23 p.m., to reconvene at 7:00
p.m., for the purpose of conducting the scheduled public hearings.
.
Reconvene - 7:00 D.m.
Mayor Pro Tempore Stueck reconvened the meeting at 7:00 p.m., for the purpose of
conducting the scheduled public hearings.
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Public hearina Commission Resolution No. 2980 - intent to annex 3.557-acre Darcel known as
Tract A. COS No. 573 located in the SWY4. Section 13. T2S. R5E. MPM (1800 West Kaav
Boulevard)
This was the time and place set for the public hearing on Commission
Resolution No.
2980, as approved by the City Attorney, entitled:
.
COMMISSION RESOLUTION NO. 2980
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
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
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Pro Tempore Stueck opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He reminded the
Commission
that the subject 3.557-acre parcel is located approximately one block east of the intersection
of Kagy Boulevard and South 19th Avenue. Access to the subject property is to be from Kagy
Boulevard, and possibly South 19th Avenue. He noted that the density of development on the
subject parcel will determine whether a secondary access is needed; and that is an issue to be
. addressed during development of the site. Adequate infrastructure is located close to the site,
with water and sewer mains being located in Lincoln Road. On-site detention/retention facilities
will need to be provided; and that is another issue to be addressed during development of the
site.
The Senior Planner reminded the Commission that it just recently approved
rezoning
of this parcel from R-S to R-3a. This parcel,
with its new zoning, is designed to provide a
buffer between the higher density residential development to the west and the single-family
low-density residential development to the east.
Senior Planner Skelton stated this application has been reviewed in light
of the eight
goals and twelve policies set forth in Commission Resolution No. 2716; and the detailed staff
findings are included in the written staff report. He stated this application generally meets the
. goals, except for its size and the fact that it borders the city on only one side. The application
also generally meets most of the policies set forth; and with the conditions which are proposed
to be met in conjunction with the annexation agreement, the application should be in
compliance with all of the policies.
07-18-94
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The Senior Planner then reviewed the three issues which staff recommends
be
addressed in conjunction with annexation of this subject parcel:
1. That
the landowner execute documents for recording and filing at
the
Gallatin County Clerk and Recorder's Office for waivers of
right
to protest the following:
. A.
Creation of special
improvement districts
and/or rural
improvement districts for
improvements to Kagy Boulevard;
B.
Creation of special improvement districts for
improvements to South 19th Avenue;
C.
Creation of special improvement districts for
signalization at the
intersection of Kagy
Boulevard and South 19th Avenue; and
D.
Creation of special improvement districts for
signalization at the
intersection of Kagy
Boulevard and South 11th Avenue;
2. That
the landowner provide the appropriate fee in lieu of usable
water
rights in accordance with the calculated amount determined
by the
Director of Public Service; and
3. That
the applicant provide a mylar record annexation map which
includes
legal metes and bounds description completed by a
. Montana
licensed surveyor of the annexation request, identifying
the general area of the parcel in question and
the adjacent public
road right-of-way.
Mr. Joby Sabol, attorney representing the applicant, stated concurrence
with the staff
report and indicated a willingness to respond to any questions.
No one was present to speak in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Pro Tempore Stueck
closed the
public hearing.
There were no Commissioner objections to waiving of the customary one-week
waiting period for land use decisions, so the Commission proceeded to
the motion and vote.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission direct staff to bring back a resolution of annexation upon
the applicant fulfilling
. Condition Nos. 1 through 3, as listed above, and execution of the Annexation Agreement. The
motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore
Stueck; those
voting No, none.
07.18-94
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Public hearing - Conditional Use Permit for Planned Unit DeveloDment
- Kevin Shrover - to allow
residential development on 22.94 acres located in NW%. Section 16. T1
S. R6E. MPM (500
Bozeman Trail Road)
(Z-9480)
This was the time and place set for the public hearing on the Conditional
Use Permit
for Planned Unit Development as requested by Kevin Shroyer under Application
No. Z-9480 to
. allow residential development on 22.94 acres located in the Northwest one-quarter Section of
Township 1 South, Range 6 East, Montana Principal Meridian. The subject
site is more
commonly located at 500 Bozeman Trail Road.
Senior Planner Dave Skelton stated that the Planning Board has not completed
its
review of this application and requested that the public hearing be opened
and continued until
the Planning Board has forwarded its recommendation.
Mayor Pro Tempore Stueck opened and continued the public hearing to 7:00
p.m.,
August 1, 1994.
Public hearing - Zone MaD Amendment - establish initial zonina as R-3
- Dennis Balian for Ed
Heimbura - Tracts 3 and 4. Van Horn Subdivision. located in the NW%.
SW%. Section 11.
T2S. R5E. MPM (3316 West Babcock Street)
(Z-9456)
. This was the time and place set for the public hearing on the Zone Map
Amendment
as requested by Dennis Balian for Ed Heimburg, under Application No.
Z-9456, to establish
initial zoning as R-3, Residential--Medium-density, on Tracts 3 and 4
of the Van Horn
Subdivision, located in the northwest one-quarter of the southwest one-quarter
of Section 11,
Township 2 South, Range 5 East, Montana Principal Meridian.
The subject parcel is more
commonly known as 3316 West Babcock Street.
Mayor Pro Tempore Stueck opened the public hearing.
Senior Planner Dave Skelton presented the staff report.
He stated the subject
property is located along the south side of West Babcock Street, just
east of the Fowler Road
extension. The subject 6.1-acre parcel is immediately north of the fish
ponds, which are owned
by the State of Montana Department of Fish, Wildlife and Parks, with
vacant land immediately
. to the west. The parcel is currently located in County Zoning District No.1 and, therefore, has
not been included in the Master Plan land use classification or on the
zone map which
accompanies the zone code.
He also reminded the Commission that an application for
annexation has just recently been filed; and that annexation process
must be completed before
an urban land use designation or zoning can be finalized.
07-18-94
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The Senior Planner stated that staff has reviewed this application in
light of the twelve
criteria set forth in the Montana Code Annotated; and the detailed staff findings are included
in the written staff report.
Senior Planner Skelton stated that the City-County Planning Board held
its public
. hearing on this application on July 6, carefully considering each of the twelve review criteria.
Following that review, the Board voted unanimously to recommend approval of this requested
zoning, contingent upon completion of a master plan amendment which will establish an initial
land use classification for this property and annexation.
The Senior Planner briefly highlighted some of the issues which were
raised at the
Planning Board meeting. He noted that concern was raised by residents
along Wilda Lane
about the fact that the city is beginning to surround them. He also stated that some concerns
were raised about the impacts which development of this site might generate; and those issues
will be addressed in conjunction with any development proposal which may be forwarded.
The Senior Planner stated that a minor subdivision plan for this property
has been
submitted; and staff has denied that application because of the current inability to obtain
. access from Fowler Lane across the strip of property which is currently owned by the
Department of Fish, Wildlife and Parks. He stated that until such time as the applicant is able
to obtain a secondary access from the subject parcel, development will not be allowed to
occur.
Responding to Mayor Pro Tempore Stueck, the Planner stated that the strip
of land
immediately to the west of this parcel is approximately 100 feet by 1100 feet.
Further responding to Mayor Pro Tempore Stueck, the Planner stated that
up to
twelve units can be constructed on this parcel with only a primary access; however, if more
than twelve units are to be constructed on the parcel, a secondary access will be required.
Mr. Dennis Balian, applicant, stated concurrence with the staff report
and indicated
a willingness to respond to any questions.
. Since there were no Commissioner objections, Mayor Pro Tempore Stueck
closed the
public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
Commission approve the requested zone map amendment, and direct staff to bring back an
ordinance to implement that amendment upon completion of the master plan amendment and
07-18-94
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annexation processes. The motion carried by the following Aye and No
vote: those voting Aye
being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and
Mayor Pro
Tempore Stueck; those voting No, none.
. Public hearing - CUP for PUD - Planned DeveloDment Resources (Fort Ellis Leisure Community) -
to develoD 146.18 acres for residential. neighborhood commercial and
recreational uses - Tract
1. COS 748A; Tracts 1.2.3.4 and 5. COS 748C; and two tracts in the SE%
of Section 16.
T2S. R6E. MPM (northeast corner of Canary Lane and Bozeman Trail Road)
(Z-9460>
This was the time and place set for the public hearing on the Conditional
Use Permit
for the Planned Unit Development requested by Planned Development Resources
for the Fort
Ellis Leisure Community, under Application No. Z-9460, to develop 146.18
acres for residential,
neighborhood commercial and recreational uses on Tract 1, Certificate
of Survey No. 748A;
Tracts 1, 2, 3, 4 and 5, Certificate of Survey No. 748C; and two tracts
in the Southeast one-
quarter of Section 16, Township 2 South, Range 6 East, Montana Principal
Meridian. The
subject property is more commonly located at the northeast corner of
Canary Lane and
Bozeman Trail Road.
. Mayor Pro Tempore Stueck opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She noted that
the subject property is located at the northeast corner of the intersection
of Canary Lane and
Bozeman Trail Road and the northwest corner of the intersection of Fort
Ellis Road and
Bozeman Trail Road. She reminded the Commission that this property was
recently the subject
of a rezoning from A-S, Agricultural--Suburban, to R-S, Residential Suburban--Country
Estates
in anticipation of the application which is now before them.
She further reminded the
Commission that they had reviewed a concept for this property; and the
final application differs
from the concept plan to some degree.
The Assistant Planning Director stated that, in addition to this Planned
Unit
Development, the applicant has also filed an application for a subdivision
planned unit
. development; and the County Commission will be considering that application at its meeting
tomorrow. She stated that under the subdivision application, this development
is to be divided
into two phases, and each one of those will be further broken down into
phases. The first
phase is to include the 48 single-family lots along the northern edge
of the property and the
07-18-94
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commercial development along the southern edge, with the remainder of
the site being included
in the second phase.
Under the zoning planned unit development, 48 single-family 1 + -acre
lots are to be
developed along the northern edge of the parcel. A total of 188 dwelling
units are proposed,
. with a minimum of 23 lots being designated for duplexes. All of those duplex lots are to be
included within the interior of the site, in the area designated for
clustered development. A
majority of the interior lots are proposed for duplex development; however,
the market will
dictate how development actually occurs.
Assistant Planning Director Arkell reminded the Commission that the planned
unit
development process allows for a mix of limited commercial development
in conjunction with
a residential development.
In this instance, the Planning Board has recommended that the
commercial site be relocated to the east side of the interior street,
thus moving it to a more
central location.
The Assistant Planning Director stated that under the first phase, a
3.73-acre
recreational lot will be created around the existing agricultural building,
which is to be
. remodeled into a recreational facility that can be used by the residents
of this development as
well as rented or leased by anyone in the community or surrounding area.
This development is to be served by one east/west road along the northern
edge,
named Golden Trout, and one north/south road named Northern Pike.
In addition, several
private cul-de-sac streets will provide access to the clusters of development
in the interior of
the site. The main roads are to be constructed to a county paved standard
and are to be offset
in the right-of-way to allow for a separated surfaced bicycle/pedestrian
facility. The minor
roads are to be constructed to a 20-foot paved width, which has already
been approved by the
County Road Department.
In conjunction with Phase I, 7.1 acres of public parkland is to be
dedicated to the County.
A public trail network as well as a private trail network are to be
provided on the site, thus providing access from or through this property
to the State lands
. abutting it on two sides and to the public roads in the area.
Primary access to the site is to be from East Frontage Road and Fort
Ellis Road. It is
hoped that, by paving Fort Ellis Road, traffic will be encouraged to
use that route rather than
Canary Lane. The applicant will also be required to pave Bozeman Trail
Road from the end of
the paving to Canary Lane.
The County Road Superintendent recognizes that Canary Lane
07-18-94
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needs improvements; however, he believes that should be accomplished
through a rural
improvement district rather than becoming the responsibility of this
developer.
Assistant Planning Director Arkell stated that separate wells and septic
systems are
to be installed for the large single-family lots along the north edge
of the property, while
. community wells and septic systems will serve the clustered developments.
The Assistant Planning Director then stated that a building envelope
has been
designated on each of the lots; and all buildings, including accessory
buildings, must be located
within that designated envelope. While the remaining portion of the lot
is in private ownership,
it is considered as open space; and any landscaping on that portion of
the lot must be in
accordance with the landscape plan for the planned unit development.
She further noted that
the area outside the designated building envelope is to be designated
as a "no build zone". The
"no build zone" extends along the northern boundary line, adjacent to
Clover Meadows
Subdivision, and along the public park; and that zone is a minimum of
1 00 feet wide.
Assistant Planning Director Arkell noted the intent of the PUD concept
is to promote
maximum flexibility and innovation in the development of land and the
design of development
. projects while ensuring the protection of the public health, safety and
welfare. In light of that
intent statement, 13 objectives are listed in the zone code; and those
objectives and detailed
staff findings are included in the written staff report which the Commissioners
have received.
She stated that, through recommended conditions, this application generally
complies with
those objectives and does not directly conflict with any of them. The
zone code further lists
14 review criteria for consideration of a planned unit development; and
those criteria and
detailed staff findings are included in the written staff report.
The Assistant Planning Director stated that during the review process,
the Design
Review Board reviewed this application. One of the DRB members stated
opposition to this
planned unit development, based on the fact that this type of development
caters to people
from outside the community who would not contribute to the community.
She noted that
. comments from other DRB members include an observation that the development does not
"open itself up to the community", and a concern that the development
guidelines are too
general. A majority of the DRB members felt that the clustering in this
development gives more
the appearance of a continuation of the city rather than suburban sprawl.
They further
recognized the importance of connecting this type of development to City
water and sewer
07-18-94
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services when they become available to minimize the potential for pollution. She noted that
the minutes from the ORB meeting did create some confusion; and she has had a verbatim
transcript of a portion of those minutes completed to clear up that confusion. A copy of that
transcript was included with the information submitted to the Commission.
. Assistant Planning Director Arkell stated that the Master Plan designates this land as
suburban residential; and there are three development options available under that designation.
The applicant has chosen to develop the site under the planned unit development process,
which requires a minimum of one dwelling unit per acre, or at least 146 dwelling units in this
instance.
The Assistant Planning Director then addressed the issue of traffic impacts,
noting
the paving improvements which the applicant will be required to provide for Bozeman Trail Road
and Fort Ellis Road. She stated that several major streets exist
in this area; and it has been
determined that those roads are sufficient to accommodate the estimated 1,745 average daily
vehicle trips that this development is projected to generate.
Assistant Planning Director Arkell stated that lot sizes are to range
from ~ acre to 1 %
. acre in size. Also, five affordable homes are to be constructed within the clustered portion of
the development; and those units are not to be identified or isolated from the remainder of the
development. Those homes are to be sold to qualified buyers who meet the requirements for
affordable housing.
The Assistant Planning Director then addressed the commercial development
portion
of this project, noting that staff is requesting that a market analysis be provided, to
demonstrate that less than 50 percent of the market required to support the business is located
outside this planned unit development. Staff has also reviewed the location of the proposed
commercial site, since such a site must be located at the intersection of two arterials or an
arterial and a collector, and has determined that a commercial node is appropriate since the
entire parcel is located at the intersections of arterials and collectors.
. Assistant Planning Director Arkell stated that the Planning Board conducted
its public
hearing on this application at its July 6 meeting. At that time, seven members of the public
spoke, raising concerns about a number of items, including traffic impacts on Canary Lane and
the Clover Meadows Subdivision, the availability of domestic water and impacts on surrounding
wells, and the increased potential for fires. In addition to considering the public testimony, the
07-18-94
- 22 -
Planning Board considered this application in light of the objectives
and criteria set forth in
Chapters 18.53 and 18.54 of the zone code. Following that review, the
City-County Planning
Board forwarded its recommendation for approval of the planned unit development,
subject to
thirteen conditions in addition to the standard conditions. She briefly
highlighted some of those
. conditions, which will help to ensure that this development is appropriately completed. She
then stated that a couple of these conditions are included in the recommendation
for approval
of the preliminary plat planned unit development; however, a majority
of the conditions are
different. She noted that the County Commission will probably wait for
the City Commission's
decision on this zoning planned unit development before taking action
on the subdivision
planned unit development, since it would be difficult to approve one
without the other.
Ms. Nadia Beiser, partner in Planned Development Resources, stated that
under this
application approximately 98 acres of the 146 acres is to be preserved
in open space; and that
land will be protected from development now and in the future, through
a series of legal
documents. She then stated that, rather than reviewing the entire project,
she will limit her
comments to the changes between the concept plan and this application.
. Ms. Beiser stated that all of the comments which they have received during
meetings
and reviews by the various City agencies and the surrounding neighborhood
have been
incorporated into the plan to make it a better one than the concept plan.
In addition to
enhancing this development, it should improve the surrounding area as
well. She then reviewed
some of those items, beginning with the parkland. She noted that, rather
than the large box-
shaped park which had been originally proposed, a long narrow internal
public park has been
designed along with little pocket parks for each of the clusters.
Ms. Beiser stated this application meets most of the goals and objectives
contained
in the master plan, highlighting some of those goals.
She then stated that the Assistant
Planning Director has done a good job of evaluating the 13 objectives
for planned unit
developments in the written staff report; and she believes this application
meets those
. objectives.
Ms. Beiser reminded the Commission that the concept plan for this project
was
approved; and the Zone Map Amendment received unanimous approval.
Ms. Beiser then addressed the affordable housing component of this application,
noting that five affordable units have been included as a result of Commissioner
comments.
07-18-94
-.
- 23 -
She stated these units are not rentals; and they will not be segregated
from the remainder of
the project, but will be scattered throughout the project and will not
be identified as such. The
units are to be marketed through a first time buyers' program, probably
with no down payment
required and with a low interest rate. She noted that she has had success
when dealing with
. this type of program in past projects; and she feels it could be successful again.
Ms. Beiser stated that the larger buildings, containing more units, have
been
eliminated, with single-family dwellings and duplexes to be constructed
under this application.
The lots are of varying sizes, including small, medium and large; and
the configuration of those
lots is designed to protect the view both into and out of this development.
The roads have also
been redesigned into a curvilinear format, which allows them to take
advantage of the natural
topography of the site and results in a decreased need to move dirt.
She also noted that the
trail system through the development is designed to link it with the
surrounding area as well
as the State lands. Also, the internal trail system is designed to encourage
residents to walk
to the commercial area rather than driving to it. The redesigned public
park is in a location and
configuration that is designed to attract people; and it includes a paved
path for easy crossing.
. Ms. Beiser stated that pocket parks have been added to the design. These
are to be
located in each clustered development, and will be improved in a manner
agreeable to the
residents of that cluster. This design will help to ensure that all dwelling
units will front on an
open space. She also noted that with the redesigned layout, five large
open space areas are
to be provided.
Ms. Nadia Beiser stated that, at the request of the Fort Ellis Volunteer
Fire
Department's Chief, two fill ponds are to be provided on the site. This
improvement will serve
not only this
development, but will provide increase fire
protection for surrounding
developments as well.
Ms. Beiser stated that 2.75 percent of the site is to be included in
the commercial
convenience center node. Although the original proposal included a limitation
on the types of
. uses that could be constructed on that site, it has now been revised to state that all uses
included in the permitted uses in the B-1, Neighborhood Service, zoning
district will be allowed.
She then noted that no negative comments have been received regarding
this proposed
commercial development.
07-18-94
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Ms. Beiser stated that the recommended conditions are acceptable to the applicant.
She suggested, however, that three of those conditions be slightly revised to clarify their exact
meaning. Those revisions are as follows: (1) Change the wording of Condition No. 5.c)1) to
read "preliminary approval of Phase B of the subdivision, according to the PUD regulations;"
. (2) change the wording in Condition No. 5.el to read "That all uses within the commercial lot
shall be restricted to B-1 zoning uses. The hours of business for all uses within the commercial
lot shall be limited to 7 a.m. through 9 p.m."; and (3) change the wording in Condition No. 10
to read "The phases of the project shall be clearly shown on the final site plan and shall clearly
define the phased installation of infrastructure, as proposed in the planned unit development
submittal. "
Ms. Beiser asked that the Commission approve this application with the conditions
as clarified. She further asked the Commission to waive its customary one-week waiting period
for the decision, since the County Commission will be considering the subdivision planned unit
development at its meeting tomorrow.
At Commissioner Stiff's request, Ms. Beiser addressed the affordable housing issue.
. She stated that those units are to be located in the interior clustered portion of the
development, which is a part of the second phase. The units are to be spread throughout the
clustered portion of the development, with one or two units to be constructed in each phase
of that development. The sale of these units is to be administered through an existing local
agency, to ensure that the purchasers meet the affordable housing requirements. A waiting
list could then be established; and any future resale of the units would be to a qualified buyer
at a price that recognizes the increase in value but would not allow for an individual to take
advantage of a windfall. She noted that, through deed restrictions, the continued proportionate
affordability of those units can be assured in perpetuity.
Responding to questions from Commissioner Stiff, Ms. Beiser stated that the
community water and sewer systems are to be constructed in a manner that will allow them
. to be easily connected to the City's water and sewer system when they become available.
Responding to Commissioner Youngman, Ms. Beiser confirmed that when discussing
affordable housing, it is based on HUD guidelines. Commissioner Youngman then noted that
means an "affordable duplex" would cost $105,000.
07-18-94
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Commissioner Youngman then asked about Condition No. 3.g), pertaining to light
fixtures. She noted the importance of lighting which is appropriate to the area, preferable low
and shielded. Ms. Beiser responded it is her preference that the lighting be low and directed
downward.
. Further responding to Commissioner Youngman, Ms. Beiser stated that the issue of
aquifers and wells is to be resolved by the State of Montana Department of Health and
Environmental Sciences. She stated that an extensive application must be
prepared and
submitted to that entity, for review and approval, before final approval of this project is
granted. Included in that submittal is a requirement for extensive data from the monitoring of
test wells. She further reminded the Commission that the State of Montana has some of the
most stringent regulations in the country.
Responding to Commissioner Frost, Ms. Beiser stated that a list of acceptable species
of plantings in the open space is included in the submittal information. She stated that includes
grasses and some low shrubs, with no tall trees being allowed outside the building envelopes.
She then stated it is her intent to continue haying the large sections of open space, thus
. minimizing the need for irrigation. She also indicated an intent to discourage lawns as much
as possible, opting instead for native grasses which require minimal watering and maintenance.
She then stated that plantings and landscaping will be done along the bike paths and around
the signs denoting this development.
Mr. Gary Lennerson, 9449 Star Lane, stated that the impacts on people as well as
the impacts to infrastructure must be considered. He stated that, while the plan may be good
for a large metropolitan area, he is not sure it is appropriate for Bozeman or the intermountain
west. He noted this project would negatively impact the residents of the surrounding area, and
encouraged the Commission to not approve this application.
Mrs. Jacquie Warddrip, 1429 Robin Lane, expressed concern about the fire situations
this proposed subdivision might cause, particularly with proposal to encourage native grasses
. rather than manicured lawns. She emphasized the fact that the
Fort Ellis Volunteer Fire
Department is truly a volunteer fire department; and the fire truck may not roll until there are
two firefighters aboard. As a result of the response times typically involved, the fire rating in
this district is a 9, with 10 being the worst. She stated that the idea of more people and tall
dry grasses causes her extreme concern.
07-18-94
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Mrs. Warddrip also expressed concern about the wells for this development impacting
the water table in the area. She noted that some of the residents to the west
have already
encountered problems with their wells; and this development could further negatively impact
the situation. She then stated her concern about the density of development proposed for the
. site and about the traffic impacts which the development will have on the Clover Meadows
Subdivision.
Mrs. Seidi Albertsen, 1414 Robin Lane, submitted a petition of opposition, containing
the signatures of 130 residents in the general area. She emphasized the fact that they are not
opposed to development, but they are concerned about this proposed development for a
number of reasons.
Mrs. Albertsen then distributed a packet of information.
She reviewed that
information, concentrating on those portions which had been highlighted.
She noted that
approximately one-third of the subject property is located outside the urban growth area, as
identified in the Bozeman Area Master Plan Update.
Mrs. Albertsen stated that she called the Department of Health and Environmental
. Sciences about this proposed development. She noted that the
Department requires a
minimum lot size of one acre per dwelling unit if on-site water and sewer services are to be
utilized, questioning how the requested 188 dwelling units can be allowed on the subject 146
acres.
Mrs. Albertsen noted that most of the subject property is currently in grass and hay.
The grass is waist high now and is drying out, causing the residents in Clover Meadows
Subdivision some concern about potential fire danger. She expressed concern that under the
proposed development, this fire danger could remain as high or possibly even higher if tall
grasses are allowed or encouraged.
Mrs. Albertsen then expanded on the issue of density. She noted
that Clover
Meadows Subdivision, which contains 74 1-acre lots, is located on 100 acres, with the
. remaining 26 acres being dedicated to roads and parkland. If the same density were allowed
in the Fort Ellis Leisure Community, there would be 107 dwelling units, or 81 less than
proposed.
Mrs. Albertsen stated that people use the most direct route when traveling, which
means that many of the residents within this development will use Canary Lane and Haggerty
07-18-94
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Lane, rather than Fort Ellis Road and East Frontage Road. She
noted that at one point, the
developer suggested placing hay bales across Canary Lane to discourage that practice;
however, she does not feel that is an appropriate alternative. She stated another route that
may become frequently used by residents from this development would include Bozeman Trail
. Road, Kagy Boulevard and Willson Avenue. She noted the report states that 20 percent of the
traffic from this development will use Bozeman Trail Road; 80 percent will use Fort Ellis Road;
and 0 percent will use Canary Lane. She then forwarded her position that those figures are not
accurate.
Mrs. Albertsen stated that if the private open space is taken out of the total amount
of open space on the subject site, only 19 percent remains.
She noted that one statement
from the staff report indicates that it appears that as many structures are crowded onto the site
as possible. She suggested that this is "Debbie's sweet way of saying this is too dense".
Mrs. Albertsen expressed concern about potential impacts on the availability of water
for existing residences, citing current problems in the surrounding area. She suggested that
even if the wells for Fort Ellis Leisure Community are drilled deeper than other wells in the area,
. there is no assurance that they will not negatively impact those wells. She then encouraged
the Commission to not approve this application.
Mr. Bill Lee, 380 Fort Ellis Road, stated he is concerned about the density of the
proposed development and the flow of traffic. He noted the number of children who live along
Fort Ellis Road, expressing concern for their safety if the projected additions in traffic volume
are realized. He also forwarded concern about his well, which is approximately 58 feet deep,
and the impacts which wells for this development may have on the availability of water at his
residence. He concluded by stating that, while he is not opposed to development
of the
subject property, he is opposed to the proposed density.
Mr. Greg Daily, 1577 Bozeman Trail Road, stated his concerns include traffic, water,
high density, fire, police and septic systems, which are all issues which have previously been
. addressed. He noted that four units per acre in a clustered development is entirely too dense
for this area, stating he feels that a less dense development would be more appropriate. He
suggested that, rather than approving this application, it may be beneficial for the Commission
to establish guidelines for what is acceptable to the community, and then entertain proposals
which meet those guidelines.
07-18-94
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Ms. Nadia Beiser stated the concerns about fire are shared by everyone
involved. She
noted that the developers cannot change the fire department's response
time; however, she
does feel that the two fill pond sites will improve fire protection for
everyone in the area. She
noted that the lawns and streets will provide fire breaks, which should
minimize fire hazards.
. She also indicated that, with professional site management staff, the site should be maintained
In an attractive state.
Ms. Beiser then reviewed the definition of open space, noting it is simply
areas within
a development upon which no development may occur. She suggested that
such areas may
be in private ownership, public ownership or common ownership.
She then noted the
comments regarding crowding of dwelling units, noting that is the main
point of clustering and
is preferable to suburban sprawl.
Ms. Beiser then assured the Commission that the issue of wells and impacts
on
surrounding wells will be addressed as a result of State requirements.
She further noted that,
even though a portion of the dwelling units are to be clustered at what
may appear to be a high
density for this area, the average is 1.29 dwelling units per acre.
. Responding to questions from Mayor Pro Tempore Stueck, Ms. Beiser estimated
that
this development will be completed in six to ten years. She then stated
that it is their intent
to obtain approval of Phase II of the subdivision as soon as possible
after approval of Phase I,
so that some of the clustered housing can be developed at the same time
as some of the
single-family housing on the larger lots.
She then estimated that there will be three to six
months separation in approval of the final plats for these phases, and
that construction of both
phases can be undertaken in next year's construction season.
Assistant Planning Director Arkell noted that Commissioner Frost had
posed a
question regarding Condition No.3 for the preliminary plat. She noted
that condition contains
an error and should read "Fort Ellis Road shall be improved from its
intersection with East
Frontage Road to Bozeman Trail Road..."; and she will make that correction
when she appears
. before the County Commission. She then stated that she has no problem with the clarifications
which have been proposed by Ms. Beiser.
Responding to Commissioner Frost, the Assistant Planning Director stated
she feels
it would be appropriate to amend Condition No. 3.g) to include the wording
from the zone code
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which states "Lighting fixtures must incorporate cut-off shields to direct
light downward.
Luminaires shall not be visible from adjacent streets or properties,"
or some similar wording.
Commissioner Youngman suggested that Condition No.7 be amended to stipulate
that HUD gUidelines are being used. She also expressed an interest in
seeing a higher number
. of affordable units being required for this project within the density bonus, particularly since
there is no financial hardship involved.
Responding to questions from Mayor Pro Tempore Stueck, Ms. Beiser stated
she has
not checked to see what local agencies might assist in the marketing
and monitoring of the
affordable units. She then stated she feels that $105,000 is high for
a duplex unit, particularly
in light of income levels, suggesting that the price could be set at
a percentage of HUD values,
like maybe 75 or 80 percent. She indicated a willingness to discuss this
issue with the housing
task force, if the Commission so desires.
Responding to questions from Commissioner Youngman, Assistant Planning
Director
Arkell stated that in the original development plans, there was no direct
access onto Canary
Lane; however, the County Road Superintendent required that one be provided.
She noted
. that, while Golden Trout could be curved further southward where it enters
Canary Lane, it will
still generate traffic on that road.
Further responding to Commissioner Youngman, the Assistant Planning Director
cautioned that the State has the final say on the issue of wells; and
it would be inappropriate
to require any type of local review in addition to the State's decision.
Responding to Mayor Pro Tempore Stueck, the Assistant Planning Director
stated that
146 housing units could be located on this site without a density bonus,
and 190 dwelling units
with a density bonus.
Since there were no Commissioner objections, Mayor Pro Tempore Stueck
closed the
public hearing.
Since at least one Commissioner stated objection to waiving of the one-week
waiting
. period, Mayor Pro Tempore Stueck requested that the decision on this application be placed on
next week's agenda.
Break - 9:40 to 9:45 D.m.
Mayor Pro Tempore Stueck declared a break from 9:40 p.m. to 9:45 p.m.,
in
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accordance with Commission policy established at their regular meeting
of March 14, 1983.
Public hearings - Lonnv and Kim Walker - (a) CUP for PUD - allow a 45-lot
planned unit
develoDment for sinale-familv. detached manufactured and modular housing
units (Z-9470); and
(b) preliminary plat for Countryside Subdivision PUD to create 45 lots
on 7.4-acre tract
(P-9428) - cas 522. in the SW%. Section 11. T2S. R5E. MPM (3290 West
Babcock Street)
. This
was the time and place set for the public hearings 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 (b) for a preliminary
plat Planned Unit
Development for Countryside Subdivision, under Application No. P-9428,
to create a 45-lot
subdivision.
Mayor
Pro Tempore Stueck opened the public hearings.
Senior
Planner Kevin Wall presented the staff report. He stated that this application
. is for a zoning planned unit development as well as a subdivision planned
unit development.
Under the application, a 45-lot subdivision for single-family, detached manufactured and
modular units is proposed on 7.41 acres.
This represents an approximate density of 10
dwelling units per net acre; and under the planned unit development,
12 dwelling units per acre
would be allowed without a density bonus. While it has been indicated
that the subdivision is
intended for affordable housing, the applicant has provided no assurances
that the residences
will be sold in the $80,000 range which has been mentioned. The proposed
lots will range
from approximately 3,400 square feet to 5,500 square feet in size.
The
Senior Planner stated that the subject parcel was annexed in 1980. Access to
the tract is via a 60-foot-wide strip from West Babcock Street; and a
second access is
proposed via the extension of Ravalli Street. Streets within the subdivision
are proposed to be
. 24 feet wide, with a 4-foot-wide sidewalk along one side. The applicant
proposes an 18-foot-
wide strip of open space along each side of the access road from West Babcock Street, in the
60-foot right-of-way. Also, a 30%-foot strip along the east boundary
of the site and a 25-foot
strip in the interior of the site is proposed. This open space represents
a total of 17 percent
open space on the site, exclusive of setbacks.
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The
Senior Planner stated that if the development is to develop in two phases instead
of just one phase, that portion of the site lying north of Ravalli Street
would be developed first.
The subdivision is designed for manufactured and modular homes; and site
built homes are
prohibited in the covenants.
. Senior
Planner Wall stated that a number of relaxations to the regulations are being
requested through this planned unit development. Those relaxations are from requirements for:
(1) a minimum lot size of 5,000 square feet for a majority of the lots;
(2) front yard setbacks
to be 15 feet instead of the required 25 feet; (3) rear yard setbacks
to be 10 feet instead of
the required 20 feet; (4) provision of at least three off-street parking
spaces per lot; (5) a
maximum of 40-percent lot coverage; (6) private streets in lieu of public
streets; and (7) 30-
percent open space. The applicant has proposed that 17 percent open space
be provided, and
has further expressed a willingness to provide a partial cash-in-lieu
of parkland payment.
Senior
Planner Kevin Wall stated that the City-County Planning Board reviewed these
applications at its regular meeting of July 6. Following those public
hearings, the Board voted
to recommend denial of the application based on the rationales which
are set forth in the staff
. report.
He stated that staff had determined in the written staff report, after conducting a
comprehensive review of the application in light of the thirteen criteria
for planned unit
developments, the six criteria for planned unit developments and the
five criteria for subdivision
reviews, that conditions of approval of these applications do not exist.
Responding
to Commissioner Frost, the Senior Planner stated that secondary access
is to be provided via extension of Ravalli Street, which must first be
extended across the Fish,
Wildlife and Parks property and then the Balian property before it reaches
this subject property.
He reminded the Commission that the minor plat for the Balian property
was recently denied,
on the basis that an easement or right-of-way dedication for the extension
of Ravalli Street
across the State lands had not yet been obtained.
Mr.
Lonny Walker, applicant, stated the intent of Countryside Subdivision is to provide
. afford ability . He stated that, given the costs of
developing and the current regulations and
criteria, it is becoming more and more difficult to meet that goal. He
noted that he is trying to
utilize the planned unit development to accomplish affordabilitynin a
project with no subsidies,
no free land and no free infrastructure.
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Mr. Walker stated that, based on comments received during reviews by the
Development Review Committee and the Design Review Board, the original
proposal for 51 lots
has been reduced to 45 lots, and now down to 41 lots with the latest
proposal, which is
depicted in the artist's rendering displayed on the easel. He stated
this latest design eliminates
. the need for two of the relaxations which were originally requested.
Mr. Walker reviewed the features of the latest proposal. He stated that now there
are 11 lots with 3,000 square feet or more, 12 lots above 5,000 square
feet and 2 lots in
excess of 6,000 square feet. Under this new proposal, the homes are to
be set back 15 feet
from the street, with garages being a minimum of 20 feet from the street.
This will allow for
adequate off-street parking for each lot because most of the lots will
have four off-street
parking spaces, and three lots will have three parking spaces.
He noted that, where Ravalli
Street was originally planned to extend to the east property line, it
will now stop at the interior
street, with the area for the extension being landscaped open space instead.
That will increase
the open space to 20.11 percent instead of the 17 percent contained in
the previous proposal.
He noted that since market research showed that most people in the affordable
housing range
. prefer a double-car garage, such garages have been incorporated into
the design of this
subdivision.
Mr. Walker stated that the reconfigured subdivision eliminates the concern about
exceeding the 40-percent lot coverage, since the average lot coverage
will not be 37 percent.
He further noted that some of the relaxations from setbacks will no longer
be required either.
He then stated that some of the open space has been relocated to the
north.
Mr. Lonny Walker stated that the proposed 24-foot-wide paved private street is wider
than is required. This is due to the Acting Fire Marshal's comments regarding
widening of the
street and the removal of on-street parking so that emergency vehicles
have adequate space
in which to maneuver.
He indicated that a "no through traffic" sign will be posted at the
entrance to this subdivision to discourage traffic from using the road
to travel through the
. subdivision. He then stated that, to encourage pedestrian travel through this subdivision, he
is now proposing a 3-foot-wide sidewalk on each side of the interior
street. Also, a linear trail
is to be installed, connecting West Babcock Street to the ponds.
Mr. Walker characterized the ditch which runs through the subject property as an
overflow ditch which has running water for only a portion of the year.
He then stated his intent
07-18-94
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to relocate that ditch to the eastern edge of the property, since his
previous attempts to
incorporate it into the design of the park have proven unsuccessful.
Mr. Walker stated he feels this subdivision will provide an opportunity
for some of the
residents to purchase homes who cannot do so at the present time. The
subject property is
. close to one of the most popular recreational areas in the community
and close to shopping.
Access is to be from West Babcock Street and from Ravalli StreeL
He noted that he has
reached an agreement with Mr. Balian which allows the use of Ravalli
Street as a secondary
access, stating that the Department of Fish, Wildlife and Parks has agreed
to cooperate with
the developers in allowing Ravalli Street to extend across the State
land.
Mr. Walker noted that Residential Goal No.2 in the master plan encourages
a full
range of housing types and costs, including manufactured and modular
homes. He further
noted that this proposal meets the goal of clustering because the units
are designed so that the
garages are close to the one on the adjacent lot, providing more of a
sense of open space
around the home.
Responding to Commissioner Stiff, Mr. Walker stated that the final cost
of the lots
. has not yet been determined. He further noted that most of the lots will
be sold as developed
lots, rather than selling the lots to individuals who will then place
homes on them. He then
estimated that the costs of the lots will be in the high $20,OOO's to
possibly the $30,000'5.
He then stated that under this proposal, good quality homes that meet
standards can be
provided for a price in the $80,OOO's.
He noted that his original hope had been to sell in the
$70,OOO's; but that is not possible.
Ms. Judy Worley, 2813 West Babcock Street, stated that urban residential
intill
versus safety and traffic is an on-going battle along West Babcock Street.
She noted that
when Babcock Meadows was approved, one of the Commissioners made the
statement that
he would have to vote "no" on the next development proposal along this
road if it is not
improved. She stated the road in front of her house is 20 feet wide,
with no shoulders; and
. the volume of traffic has increased dramatically over the past tew years. She stated that these
factors, when combined with the number of bicyclists, walkers and joggers,
makes this road
a real hazard.
Ms. Worley then raised questions about the stream/ditch issue, and whether
it is a
07-18-94
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part of the Farmers' Canal Company network.
She suggested those questions should be
answered before any proposed relocation of the stream/ditch is allowed
to occur.
Ms. Worley reiterated that her primary concern is the road.
She recognized that
affordable housing is needed in Bozeman, noting that she has no problem
with the concept of
. this proposed development.
Mr. AI MacSween, 314 Wilda Lane, stated that West Babcock Street is beyond
capacity; and something has to be done with the street before more traffic
is added. He also
expressed concern that there is only one access to be provided to the
subdivision, and further
expressed concern that a secondary access to Wilda Lane may be attempted.
Mr. MacSween then addressed the issue of setbacks and the width of the
street
through the subdivision.
He suggested that City street standards should be met, including
paving width, curb, gutter and sidewalks along both sides. He also questioned
how affordable
an $80,000 house really is.
Mr. MacSween suggested that if the stream/ditch is to be relocated, it
should be
moved to the center of this development rather than over to the eastern
property line. He
. noted that way, if it overflows, it will not flood the residents along
Wilda Lane. He further
cautioned that the septic system for one of the houses along Wilda Lane
is located very close
to the property line; and relocation of the stream/ditch to the property
line could have negative
results.
Mr. MacSween stated he feels the subject property is too valuable to
divide into tiny
lots for manufactured and modular homes.
He also noted that he feels the applicant should
provide the required parkland rather than making a cash~in~lieu payment.
He then encouraged
the Commission to not approve this application.
Ms. Cheryl Smith, 405 North Weaver in Belgrade, stated she owns the property
at
217 Wilda Lane and just recently moved from that location. She forwarded
her opposition to
the proposed development, stating she does not feel that it simply reflects
a "NIMBY" attitude,
. even though the subject parcel is immediately behind her back yard.
She characterized the
Fish, Wildlife and Parks ponds as a special place, noting she does not
feel they should be
degraded by having 45 mobile and modular homes beginning only a few feet
away, particularly
since the four along the south end would create a substantial visual
impact. She stated that,
at a minimum, the standard setbacks should be required along that property
line.
07-18-94
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Ms. Smith stated that her septic tank and drainfield are within fifteen
feet of the
property line; and she is not sure how moving of the stream/ditch might impact it. She then
stated that, while she does not have a problem with development occurring behind her
property, she does have a problem with 45 lots, because she feels that is twice as many as
. there should be. She also stated that she feels the property should be developed with City-
standard streets, City standard lot sizes and City standard setbacks.
Ms. Smith stated that affordable housing does not exist in Bozeman, unless
it was
purchased several years ago. She noted that the value of her home has gone up substantially
since she purchased it six years ago; and she is concerned that the proposed project would
result in the value actually going down. She then encouraged the Commission to not approve
this application.
Mr. Jim Stephens, 2320 West Babcock Street, stated he also owns the property
at
415 Wilda Lane. He stated support of the comments by the previous speakers. He stated that,
while he is not opposed to this project, he feels that the proposed density is much too high.
He noted there are many nice homes in the immediate area and further to the west; and he
. does not believe that approving the requested relaxations to the code requirements would be
appropriate. He then expressed concern about moving the stream/ditch, particularly with the
existing septic system so close to the property line. He also requested that the Commission
protect the fish ponds, noting that is a beautiful, quiet area at the present time.
Mrs. Sandra Koch, 104 % Wilda Lane, stated she has lived at that address
for 29
years. She stated that she has no problem with a modular home subdivision or a mobile home
subdivision, as long as the lots are sized right. She stated that, in fact, she has lived in an 18-
foot-wide Gallatin mobile home for seventeen years; and she did manage a mobile home court
for a couple of years. She then stated she feels that even the new proposal, which contains
41 units, is much too dense.
Mrs. Koch noted that the area along Wilda Lane has flooded; and her home
has, in
. fact, been subject to that water. She also expressed concern about additional traffic on West
Babcock, noting that during discussions involving recent development proposals,
the
Commissioners have discussed the idea of not allowing any more development until that
roadway is improved. She also questioned the affordability of an $80,000 home, particularly
for younger families.
07-18-94
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Mrs. Koch concluded by stating that she does not want this proposed development
in her back yard.
Ms. Susan Smiley, 2502 West Babcock Street, noted that all developments
along the
west edge of Bozeman access the downtown area either along Durston Road or West Babcock
. Street. She noted that with the installation of a traffic signal at the intersection of West Main
Street and West Babcock Street, the amount of traffic using Babcock will probably increase.
Ms. Smiley stated she feels that Bozeman needs affordable housing, noting
that real
estate prices have risen at an alarming rate over the past four or five years. She then urged
the Commission to not just consider the need for affordable housing, but to consider the
impacts that this proposal will have on West Babcock Street. She
also suggested that
incorporating affordable housing projects into the community, rather than having affordable
units isolated on specific tracts would be much more appropriate.
Mrs. Virginia MacSween, 314 Wilda Lane, stated one of her main concerns
is the
traffic impacts of additional development along West Babcock Street. She stated that she is
not opposed to modular homes or manufactured homes; but it appears there are too many
. proposed for the subject site. She also expressed concern about the potential of Ravalli Street
being extended to Wilda Lane, which would add traffic to that street as well as to West
Babcock Street.
City Manager Wysocki entered into the record a letter from Mr. Don Beatty,
2520
West Babcock Street, dated July 5; and a copy of a letter from former Assistant Planner Dave
Grigsby to Mr. and Mrs. Walker, dated April 14, regarding their concept plan.
Mr. Lonny Walker responded to some of the comments and questions which
had been
raised. He noted that he has no intention of extending Ravalli Street
to Wilda Lane because
it could not be extended further east due to existing developments. He emphasized the fact
that on the new plan, the area that would be used for extension of Ravalli Street is a portion
of the open space for this project.
. Mr. Walker then reminded the Commission that under the existing R-3 zoning,
up to
fifteen units per acre could be constructed, with a density bonus, which would be 110 units
as opposed to his proposed 45 units. He then stated that with removal of the parking along
the street, he feels that the Fire Marshal's concerns have been addressed.
07~18-94
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Mr. Walker addressed the stream/ditch issue next. He noted that the waterway is not
subject to any head gates; and its flow is fairly minimal during parts of the year. He then stated
there is no easement on this property for the stream/ditch; and he does not believe it is a part
of the Farmers' Canal Company system. He then suggested that this stream/ditch
could be
. successfully relocated.
Mr. Walker stated that the homes will range from 1,000 square feet to 1,400 square
feet in size. He suggested that by incorporating zero lot lines where the garages meet, the area
around the home will be more open. He also noted that by reducing the number of lots from
45 to 41, the lot sizes have been increased.
Mr. Lonny Walker stated he lives on West Babcock Street; and he understands the
problems of that roadway and the concerns of the neighborhood.
Responding to Commissioner Youngman, Mr. Walker cited Chequamegon Village as
an example of a development where garages have been constructed with zero lot lines.
He
stated that the lots in Chequamegon are smaller than the lots in his proposed subdivision; and
staggering of the garages serves to break up the mass of the structures. He
also noted it
. serves to provide more privacy for the residences.
Responding to Mayor Pro Tempore Stueck, Senior Planner Kevin Wall stated that the
proposed secondary access to this property. through agreement with Mr. Balian, has not been
reviewed by staff, since that is an item raised with the new plan which was submitted this
evening.
Mr. Lonny Walker stated that he serves on a citizens' committee which is looking at
upgrading of the fish ponds area. He then indicated he feels that an easement can be obtained
across the strip of State lands to the north, for the extension of Ravalli Street, since a utility
easement already runs across the property at that location.
At City Manager Wysocki's request. Senior Planner Kevin Wall listed those items
which he has not reviewed. since they were just submitted with the new application. Those
. items include the lot layout; the realignment of the roadway; elimination of the open space
strip; elimination of the dedicated right-of-way for the extension of Ravalli Street; elimination
of homesites along the entrance from West Babcock Street; the concept of attached garages;
and the increase and reconfiguration of open space. The Senior Planner then addressed the
stream/ditch issue. noting that many of the documents reviewed identify this as a "ditch";
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however, the Department of Fish, Wildlife and Parks has suggested that
a 310 permit is
required, which indicates this is considered a stream.
He then noted that if this waterway is
a stream, then the 35-foot stream setback requirements must be met; and
that issue must be
resolved prior to approval of a preliminary plat.
. Senior Planner Wall reminded the Commission that this proposal is for affordable
housing, not necessarily low-income housing. He then cautioned that there
is no provision
within the subdivision regulations for a cash-in-lieu payment for planned
unit development open
space requirements. H
e then stated that the determination made by staff, and seemingly
endorsed by the Planning Board, is that there is no basis of hardship
for the variance to the
open space requirements which was requested in conjunction with this
application.
The Senior Planner then stated that the Planning Board suggested that
the applicant
should seek another location for this type of project.
He also noted that many of the issues
raised today were included in Assistant Planner Grigsby's letter to the
applicants in April
regarding the concept plan. He indicated that staff has not had an opportunity
to review the
revised plan in any comprehensive manner; however, brief review has raised
some concerns.
. The Senior Planner then addressed the issue of the secondary access,
noting that the
adjacent subdivision was just recently denied because of the lack of
a secondary access; and
that is one of the reasons for staff's recommendation for denial of this
application. He also
addressed the primary access, noting that the standard 60-foot right-of-way,
which this is the
width of this access, is designed for the standard street design.
He cautioned that if the
applicant is allowed to install the proposed open space corridors along
both sides of the access,
those lots which border that street will be unable to access it; therefore,
the lots will be
landlocked.
Senior Planner Wall stated that the applicant has given a 1 Owday extension
to the 60-
day review period for preliminary plats; and that extension expires on
July 29.
City Attorney Luwe noted that during public testimony, one individual
references the
. negative effect that manufactured and modular homes may have on site-built homes in the
immediate area.
He cautioned the Commission that testimony cannot be considered under
statutory provisions.
Responding to Mayor Pro Tempore Stueck, Planning Director Epple stated
that at the
Planning Board meeting, he tried to help the Planning Board members recognize
that the various
07-18-94
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- 39
-
elements of the plan do not result in an integrated plan. He stated that,
while he stressed the
secondary access issue, he also made it clear that resolving that one
issue did not take care
of the other flaws in the plan that also need to be addressed before
the application can be
approved. He recognized that the PUD guidelines encourage higher densities
and more open
. space; and that is not always compatible with affordable housing. He then recognized that
with a more traditional subdivision, there would be less lots for manufactured
and modular
homes.
He then stated that, according to national manufactured housing institute figures,
those homes provide a 10 to 15 percent savings over site-built homes.
Responding
to Mayor Pro Tempore Stueck, Senior Planner Wall indicated that if this
property were not subdivided into individual lots, but were developed
into a mobile home park
instead, the density could be increased and the streets could be narrower.
Mayor
Pro Tempore Stueck then suggested that this could result in better addressing
the low-income housing market. He noted, however, such a development
would be more of
a burden on the community and more of a burden on West Babcock Street
than the proposal
before the Commission.
. Planning
Director Epple recognized that the revised plan which the applicant just
submitted is better than the previous plans, although he does have some
concerns about the
scaling on the new plan.
He then stated that is the type of plan that should have been
submitted initially and forwarded through the process, rather than being
presented at the
Commission's public hearing.
Mr.
Lonny Walker responded to some of the staff comments, noting that flexibility
is part of the planned unit development process. He then stated that
the plan submitted with
this application was totally different than the concept plan; and it
has been revised several
times to address the issues raised by the various reviewing agencies.
He then noted that for
the last three years, he has consistently heard about the need for affordable
housing; and that
is why he tried to develop this type of proposal.
. Mayor
Pro Tempore Stueck stated that, in light of the substantial number of changes
that have been forwarded at the last minute, he would like at least a
one-week extension on
the deadline for making a decision on this application. He stated that
this will allow the staff
and the Commission adequate time to review all of the various issues
which surfaced as a
result of the new revised plan.
07-18-94
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- 40 -
Mr. Lonny Walker responded by stating he has no problem with granting
a one-week
extension to provide an opportunity to review the revised site plan.
Commissioner Frost stated he is concerned about the stream/ditch question,
the
secondary access, and changes contained in the new site plan. He stated
there are too many
. unresolved issues at this time to make any decisions at this time.
Planning Director Epple stated that when an applicant forwards an application,
that
plan goes through the entire review process. He then suggested that,
just because an applicant
submits a new application at the last step, that should not entitle him
to go back through the
entire loop again. He stated that if the Commission wishes to act on
this application without
the benefit of input from the advisory boards, he feels there are a few
technical questions to
which answers must be provided prior to making a decision.
Commissioner Youngman suggested that with the revised plan, it may be
possible for
staff to develop conditions for possible consideration.
She noted it would be beneficial to
carefully consider this application, to determine whether the issues
are resolvable or not.
Senior Planner Wall reminded the Commission that the fundamental conclusion
by
. staff and the recommendation forwarded by the City-County Planning Board, is that the project
needs to be a different project, not just modified. He characterized
the changes that have been
made as minor revisions to the old project, versus a new and different
project. He then
reminded the Commission that the recommendation for denial has been forwarded
after
determining that conditions for approval cannot be formed.
Commissioner Stiff stated he does not intend to support this application.
He noted
that during the afternoon session, the Commission discussed the need
for improvements to
West Babcock Street and possible funding for those improvements. He then
noted the need
for low-income housing, noting that it cannot be constructed on $25,000
lots.
City Manager Wysocki noted that he has listed roughly ten requests for
extensive
deviations to specific standards in the zone code; and it appears that
several additional
. deviations would be needed for a low-income housing project. He then expressed concern that
the estimated cost of these small lots is the same as the price for the
lots in Valley Unit
Subdivision. He reminded the Commission that this applicant has tried
to provide an affordable
housing project, which no one else has tried to date.
07-18-94
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Commissioner Youngman stated she feels it is important to have staff respond to the
questions that have been raised during review of this application, to
determine whether
affordable housing can be provided under the City's zone code requirements.
She then noted
it may be necessary to consider an affordable housing PUD, as the City
Manager has previously
. suggested.
Planning Director Epple reminded the Commission that this is the second midnight
meeting on this project. He stated that a lot of time has gone into review
of the application;
and he feels staff has already dealt with all of the issues and given
their responses.
Responding to Mayor Pro Tempore Stueck, Mr. Lonny Walker granted an extension
for decision on the preliminary plat to August 1, 1994.
Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the
public hearing.
Adjournment - 11 :40 C.m.
There being no further business to come before the Commission at this
time, it was
. moved by Commissioner Frost, seconded by Commissioner Youngman, that
the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor
Pro Tempore
Stueck; those voting No, none.
(JIM / ~
DON E. STUECK
Mayor Pro Tempore
ATTEST:
~ ~~
ROBIN L. SULLIVAN
. Clerk of the Commission
07-18-94