HomeMy WebLinkAbout1994-07-05 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 5, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, July 5, 1994, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost,
Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - June 13 and June 27. 1994
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the regular meetings of June 13 and June 27, 1994, be approved as submitted.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
those voting No, none.
Decision - Zone Code Amendments - amend in a portions of Chapters 18.04. 18.42. 18.43.
18.50. 18.51. 18.52. 18.53. 18.54. 18.56. 18.58. 18.62 and 18.65 of the Bozeman
Municipal Code to clarify and simplifv development review processes. standards and criteria
(Z-9445)
This was the time and place set for the decision on the Zone Code Amendments
amending portions of Chapters 18.04. 18.42, 18.43. 18.50. 18.51, 18.52, 18.53, 18.54,
18.56, 18.58, 18.62 and 18.65 of the Bozeman Municipal Code to clarify and simplify
development review processes and development standards and criteria.
. Included In the Commissioners' packets was a memo from Senior Planner Kevin Wall,
dated June 28. forwarding a list of proposed revisions to the amendments contained in the
June 7 recommendations forwarded by the City-County Planning Board, in response to
comments forwarded by Commissioners at last week's meeting, as they responded to
testimony received during the public hearing.
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At the Commission's request, Planning Director Epple reviewed the nine revisions
which have been forwarded in the memo, as follows:
1. Section 18.42.010. Change the clause "will have substantial
weight" to "be given careful consideration".
2. Section 18.42.010. Reinstate Subsection "F", with modifications
. stipulation "with the exception of certain sketch plan applications
with potentially little neighborhood impact"; and add provision
that "aggrieved persons will have the right to appeal design
review decisions".
3. Section 18.42.060. Correct spelling of "nuisances".
4. Section 18.42.090. Correct spelling of "demolition".
5. Section 18.43.020. Change the clause "will have substantial
weight" to "be given careful consideration". (provides for parallel
construction between neighborhood conservation overlay district
and entryway overlay district)
6. Section 18.51.01 O.C. Add the clause "upon the approval of the
City Commission" to the provision for procedural rules; and
reinstate one non-professional member with the qualifications in
the current code; and make slight revisions to the quorum
requirements.
7. Section 18.52.020.B. Add the statement "Review and approval
. authority for sketch plans that require Certificates of
Appropriateness shall rest with the DRB if the ADR staff consists
of less than two members."
8. Section 18.52.020.C. Add the qualifier "exclusive of any legal
nonconforming conditions" to more specifically identify violations.
9. Section 18.58.020.B. Change the language to read" ADR to City
Commission, upon consideration and comment by the DRB".
The Planning Director addressed the administration of the Administrative Design
Review staff from a practical standpoint. He noted that, even when there are two qualified
design professionals on staff, there are times when only one staff member will review an
application. He stated those times will most likely occur when one staff member is on vacation
or otherwise out of the office for a few days. Also. if a project is very minor and straight
forward, he does not feel it is necessary for two staff members to review the project. He noted
. that, since he signs all Certificates of Appropriateness as the Planning Director, those projects
will actually undergo a second in-house review. He emphasized the collaborative effort which
is utilized in the Planning Office, noting that if any problems or questions arise during a review,
the Commission can be assured that the project will be reviewed by more than one planner.
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Commissioner Frost expressed concern about this process, noting that cross-
germination is one of the key components which makes the Design Review Board reviews so
successful.
The Planning Director reminded the Commission that the purpose of this change was
. to allow for a two- to three-day turn-around time for minor projects that require a minimal
amount of review. He then stated that, from a practical standpoint, if he identifies a pattern
of unreasonable, arbitrary and capricious decisions by an ADR staff member, the appropriate
steps will be taken to correct the behavior. He further noted that if he, as administrator of the
Planning Office, is not administering that office in a manner which the Commission feels is in
compliance with their goals and policies, he can always be removed from office.
Responding to Mayor Vincent, the City Attorney stated the revisions listed above are
the result of the Commission's discussion at last week's meeting. He then stated that if the
Commission wishes, these changes will be incorporated into the revisions contained in the
amendments forwarded in the document dated June 7. He also reminded the Commission that
after they approve the amendments and revisions, staff will prepare an ordinance to enact the
. changes; and it will be brought back to the Commission for adoption. He then stated that, due
to the number of amendments to be incorporated into the ordinance, it will probably take two
to three weeks to prepare the ordinance. He noted the Commission can adopt the ordinance
on first reading upon its completion; and the second reading and final adoption can be delayed
until after the Planning staff has prepared the requested charts, if necessary.
Commissioner Youngman suggested that the wording on Page 173A, under Section
18.43.030.C.1. be amended to read "The Board shall consist of six (6) professional and one
(1) non~professional members as follows: Professional members who are degreed in their
respective disciplines and/or otherwise licensed or certified by their respective professional
authorities n three architects; two of the following three: architectural historian, landscape
architect/designer, or urban planner; and one non-professional member n an individual with a
. demonstrated interest in and knowledge of urban design and/or historic preservation. The
Planning Director or designee shall serve as an ex officio, non-voting meeting chair..."
Commissioner Frost reiterated his concern about the anticipated manner in which the
Administrative Design Review staff will operate. He feels it is important to have more than one
person review a proposal, rather than relying on one person's opinion. He further emphasized
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the importance of the ADR staff members being "person friendly", cautioning that bad public
relations can cause the general public to become disgruntled. He asked what safety net is
available for those who become disgruntled with the process but do not go through an appeal
process.
. Planning Director Epple stated that if a member of the public is disgruntled with how
he or she has been treated by staff, that individual often calls and talks directly to him, as he
is administrator of the department.
Acting City Manager Brey reminded the Commission that the amendment was
originally considered because of the Commission's interest in making the process more user
friendly, while maintaining the same quality of review, for smaller projects. He cautioned the
Commission that, in order to accomplish the desired streamlining of the process, some of the
small straight-forward projects will be reviewed by only one staff planner. He reminded the
Commission that under the current process, only one staff person prepares the staff report on
small projects. He stated that to require two staff people to become involved in review of
minor projects will defeat the purpose of this proposed amendment.
. Commissioner Frost recognized the purpose of the proposed amendment, and the
benefit of turning around minor projects as quickly as possible. He noted, however, that even
those minor projects are design driven; and he does not feel that only one person should be
involved in the decision-making process. He then stated that he feels this item needs to be
closely monitored to make sure it is working properly and that the level of customer service is
satisfactory.
Commissioner Stiff noted that the members of the Planning staff are professionals;
and the Commission should be able to expect professional performance from them. He noted,
however, that a statement could be included on the application form which lists a contact
person in the event that a problem arises.
Mayor Vincent stated he is willing to try the process, as outlined by Planning Director
. Epple. He noted that everyone is aware of the importance of monitoring this process very
closely, to ensure that it is working properly. He then emphasized the importance of all City
employees being "user friendly" and having good public relations, since all employees are
representatives of the City and may be the single contact a citizen may have with the City. He
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stated that if this process does not work as anticipated, it can always be changed through the
zone code amendment process.
Commissioner Stueck stated that, as long as the Planning Director reviews and signs
the Certificates of Appropriateness for all projects, and as long as the appeal process is
. available, he is willing to support this proposed amendment.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the amendments contained in the Revisions to Proposed Zoning Ordinance
Amendments, dated June 7, as amended by Senior Planner Wall's memo, dated June 28, with
the revised wording for Section 18.51.01 O.C., as forwarded by Commissioner Youngman. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those
voting No, none.
Ordinance No. 1384 . amending the boundaries of the MSU residential parkinQ district to
Drovide for annexation of specified streets into neighborhood residential parking district
. This was the time and place set for the approval and final adoption of Ordinance No.
1384, as approved by the City Attorney, entitled:
ORDINANCE NO. 1384
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING
SECTION 10.32.395.A. PERTAINING TO THE AREA DESIGNATED AS THE
MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE INCLUDED
WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M OF THE
BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR
REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-
STREET PARKING PERMIT REGULATION PROGRAM.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve and finally adopt Ordinance No. 1384, annexing specified sections of
streets into the neighborhood parking district. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner
. Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none.
Discussion . format for submission of housing task force recommendations to public for
comment
Included in the Commissioners' packets was a draft copy of the housing task force
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recommendations, in a more expanded format, dated June 1994, as prepared by Neighborhood
Coordinator/Grantsperson James Goehrung.
Neighborhood Coordinator/Grantsperson Goehrung stated that he has found a couple
of typographical errors in the draft of the recommendations; and he will correct those prior to
. preparing copies for distribution to the public. He then asked if the Commission wishes to
forward these recommendations to the public in a public hearing format or in a town meeting
format.
Responding to Commissioner Stueck, the Neighborhood Coordinator stated that the
breakdown of construction costs was based on documentation submitted by the Homebuilders'
group. He noted that information was based on a study from Washington, with figures
adjusted as needed to reflect the costs in Bozeman. He noted that, as a result of those
adjustments, for example, the percentage of land costs changed from 32 percent in
Washington to 22 percent in Bozeman.
Responding to Commissioner Youngman, the Neighborhood Coordinator stated that
copies of this draft have been distributed to the Commissioners and the Clerk of the
. Commission. He stated that once he has reviewed the document and ensured its accuracy, he
will make more copies.
Commissioner Youngman noted that the statement about the housing occupancy
rates on Page 7 is misleading. She stated that at the present time, a 1-percent vacancy rate
is typically used; however, the chart shows a 4-percent vacancy rate.
Neighborhood Coordinator Goehrung stated that the 4-percent vacancy rate is taken
from the 1990 census information, which is also used by the Department of Commerce when
reviewing applications for funding for housing projects. He noted that the 1-percent vacancy
rate is based on discussions with large property managers, the numbers of apartments
administered by each and the number of vacancies.
Commissioner Youngman suggested this information could be beneficial when
. depicting the current conditions of the housing market. She then noted that the more current
information could be used to reflect the current market, if the appropriate footnotes were
attached to indicate that the current information is not from the same type of source as the
1990 information.
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Responding to questions from Commissioner Youngman, Neighborhood Coordinator/
Grantsperson Goehrung stated that under banking standards, one-third of an individual's income
may be utilized for housing costs. He noted, in reality, college students spend a substantially
higher portion of their income for housing costs.
. Commissioner Youngman noted the shortage of assisted rental units in Bozeman. She
noted there is a four-year waiting list for those units, which is another indicator of the need for
more low- and moderate-income housing in the community. She also suggested that might be
another useful bit of information that could be used to provide the whole picture.
Commissioner Youngman then thanked Neighborhood Coordinator Goehrung for the
work he has done on this document, noting the graphs and charts are extremely helpful.
Commissioner Stiff also thanked the Neighborhood Coordinator for the booklet. He
then noted the contents are "pretty meaty", asking how such a substantive issue might be
handled in a public meeting.
Mayor Vincent asked whether the Commission wishes to submit this for public
comment in a public hearing or in a town meeting.
. Commissioner Frost suggested that it be the subject of a town meeting. He also
suggested that the meeting be held at the Choral Room at the Bozeman Senior High School,
preferably on a Monday evening. Each of the Commissioners, in turn, indicated support for that
proposal. Alternative sites suggested included the High School Cafeteria, Community Room
at the Courthouse, Willson Auditorium, the meeting room at the Public Library and possibly
classrooms or the theatre at the Montana State University campus. They also determined that
a late July or early August meeting date would be best.
Commissioner Stiff asked who the Commissioners feel should attend the meeting.
Discussions among the Commissioners revealed that anyone interested in affordable housing,
builders, contractors, developers, rental housing managers, the banking community, the
business community, and possibly members of the Design Review Board and the City-County
. Planning Board should probably be represented. They further determined it might be
appropriate to send letters to the various groups they identified, rather than relying on a notice
in the newspaper to attract people to the meeting.
Mayor Vincent requested that this item be placed on next week's agenda for further
discussion on setting of the location and date for the town meeting.
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Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
Information" items.
(1 ) Calendar of events for preparation of the budget for Fiscal Year 1994-1995,
. reflecting the dates which were set at last week's meeting.
(2) Letter from Matthew Brower, dated June 28, declining his appointment to
the Beautification Advisory Board because of his appointment at the same time to the Design
Review Board.
(3) Letter from the Montana Department of Transportation, dated June 15,
stating that, unless objections are received from the City or the County, the MDOT staff will
forward a recommendation to the Highway Commission that the North 19th Avenue
interchange be named in memory of Kenneth Erhardt, who was working as a bridge
construction engineer on the project at the time of his death.
(4) Copy of a press release prepared by Neighborhood Coordinator James
Goehrung regarding branches hanging over sidewalks and shrubs encroaching over the
. sidewalk.
Commissioner Stiff noted this is a positive approach to addressing a real problem in
the community, stating it is a well written press release.
(5) Agenda for the Development Review Committee meeting which was held
at 10:00 this morning.
(6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on Wednesday, July 6, in the Commission Room.
(7) Agenda for the County Commission meeting which was held at 1 :30 p.m.
today at the Courthouse, along with daily minutes for the week of June 20 and the minutes
for the public meeting held on June 14 and the special public meeting held on June 17.
(8) Letter from the Montana Department of Commerce, dated June 27,
. announcing a meeting of the Montana Board of Housing to be held at the Gallatin County
Courthouse from 8:30 to 11 :00 a.m. on July 8.
The Acting City Manager stated he will forward a copy of this letter to Neighborhood
Coordinator/Grantsperson James Goehrung.
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(9) The Acting City Manager submitted his weekly report, as follows. ( 1 )
Announced that he has been working with Commissioner Frost and other members of the
downtown improvement sub-committee, noting that some recommendations will be forwarded
by the group in the near future. (2) Stated that Chris Boyd, Executive Director of the Gallatin
. Valley Land Trust, will be working with members of the International Order of Foresters to
improve approximately 500 feet of the southernmost end of the Sourdough Ridge Trail with
some new material, to determine how well it might work. (3) Noted that under Consent Items,
he is recommending that the only bid received in the second round of advertising for installation
of signs for the neighborhood parking district be rejected. He stated that the work will be done
in-house, along with all of the other steps needed to implement the district.
(10) Commissioner Frost submitted the following. (1) Stated that he participated
in a pitch for local option taxes and for cities to be allowed to implement local option gasoline
taxes to Governor Racicot and others. (2) Attended the meeting of the Downtown Bozeman
Association and the downtown improvement steering committee, which are working on tax
increment financing. (3) Announced that on Thursday, the enhancement steering committee
. forwarded its rankings for next year's allotment of enhancement monies to the Planning
Department. He noted that this item will be coming to the Commission in the near future for
final action.
(11 ) Commissioner Youngman stated that she has distributed information to the
Commissioners regarding the ad hoc cable television franchising committee meeting scheduled
for 7:00 to 9:00 p.m. on Tuesday, July 12, at the Public Library, at which Ms. Mary Canty will
make a presentation. She then asked if the Commissioners are interested in attending a
breakfast meeting with Ms. Canty at 7:00 a.m. on Wednesday; the Commissioners indicated
they will need to contact her later.
(12) Commissioner Stiff noted the heavy traffic along Durston Road, even at mid-
day. He stated that usually during mid-day, traffic can move rather easily along Durston Road;
. however, this week that is not the case.
Mayor Vincent noted that projections suggest that the traffic volumes on Durston
Road will be dramatically reduced with the extension of North 19th Avenue, and that time will
prove whether those projections are accurate.
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(13) City Attorney Luwe reminded the Commission that the last item to this
evening's lengthy agenda is an appellate hearing, which is substantially different from the
regular public hearing process. He then reviewed that procedure, cautioning the Commission
that their final decision is to be based on the record from the Planning Board meeting, and that
. all testimony received this evening is to be based on the grounds of the appeal.
Commissioner Stueck asked about controlling the meeting, to ensure that all
testimony is properly directed.
The City Attorney recognized the difficulties in doing so. He then indicated that the
Mayor typically does a good job in ensuring that testimony is appropriate, noting that he will
assist if necessary.
(14) Mayor Vincent noted the number of public hearings on the agenda for this
evening's session. He then suggested that, unless a decision is clear cut, the public hearings
should be conducted, with the decisions being deferred to a later date.
(15) Clerk of the Commission Sullivan reviewed the agenda for next week's
meeting.
. (16) Commissioner Stiff requested that discussion on financing for the
transportation projects be placed on the agenda. He noted that possible sources of funding
include a bond issue; however, he cautioned that probably won't fly unless the City implements
an impact fee.
(17) Commissioner Stueck noted that conditions for recent subdivision approvals,
particularly for Crutcher and Potter, have included the requirement that written approval for any
relocation of the Farmers' Canal be received from the Farmers' Canal Company. He stated the
Company representatives are being less than cooperative; and it may become an issue in trying
to obtain approval of the final plat. He also asked for a legal determination on what the
Farmers' Canal Company actually owns.
City Attorney Luwe noted he has received a letter from Mike Lilly, attorney
. representing the Babcock Meadows project, regarding this matter. He then stated that it may
be necessary to seek a modification of conditions for those projects if the condition cannot be
met. He also cautioned that, unless he can obtain all of the necessary documents, which may
not be public record, he may not be able to render any type of legal opinion on the issue of
what the Company actually owns.
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(18) Mayor Vincent submitted the following. (1) Noted that he welcomed the
International Order of Foresters to Bozeman this morning; however, he is unable to give them
a farewell address on Saturday morning. He asked any interested Commissioner to contact him
following the Commission meeting for further information on this item. (2) Reminded the
. Commission of the impacts which the two constitutional initiatives may have on the City, if
they pass. He also noted the importance of pursuing impact fees, and possibly trying to get
the County to pursue an optional gas tax. He suggested that in the upcoming legislative
session, with the sales tax no longer a viable option, it may be possible to pursue local (city)
option taxes and possibly expansion of the resort tax to include larger communities. He
stressed the importance of taking steps to alleviate some of the property tax burden,
particularly in communities such as Bozeman, which are feeling the impacts of a high growth
community.
(19) Mayor Vincent noted the letter which the Commissioners recently received
from Jim Sergaent, regarding the encroachment of trees, bushes and shrubs onto the public
sidewalk. He noted that with resources being devoted to planning and transportation, other
. issues are sliding by without being addressed. He then suggested that either the regulations
should be enforced or the codes should be revised.
Commissioner Stiff noted that the press release prepared by Neighborhood
Coordinator Goehrung should help to draw attention to this type of issue.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Commission Resolution No. 2986 - establishina 1994 Sidewalk Proaram
COMMISSION RESOLUTION NO. 2986
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, ESTABLISHING THE 1994 SIDEWALK PROGRAM AND
ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF
. BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110.
MONTANA CODE ANNOTATED.
Reiect bid for installation of signs for neighborhood parkina district and
associated TSM croiects
Authorize cancellation of stale dated NSF checks. totalling $135.61. and
City checks and warrants. totallina $81.21. as submitted with
memo from Controller Pea Biekert, dated June 21. 1994
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Authorize Actina City Manaaer to sian - Aareement with Gallatin Countv for
Disaster Emergency Services
Authorize issuance of temporary special use permit for Bridaer Creek Golf
Course - to allow public play on the "bottom" nine holes this
summer
Authorize expenditure of UP to $500 from the "Other" line item in the City
. Commission's budaet unit for miscellaneous expenses incurred bv
the ad hoc cable television franchise committee
Authorize absence of Mavor Vincent from meeting of Julv 18. in
compliance with Section 7-3-4322(2). M.C.A.
Authorize use of annual leave ~ City Manaaer Wysocki - June 28 through
Julv 5. 1994; confirm appointment of Assistant Manaaer Ron
Brey as Acting City Manaaer
Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
.
Recess - 4:30 p.m.
Mayor Vincent declared a recess at 4:30 p.m" to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
Public hearina ~ Commission Resolution No. 2977 - intent to create Special Improvement
District No. 660 - improvements to Vallev Unit Park
. This was the time and place set for the public hearing on Commission Resolution No.
2977, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2977
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENTS
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DISTRICT NO. 660 FOR PURPOSES OF IMPROVING THE VALLEY UNIT
PARK IN THE CITY OF BOZEMAN, MONTANA.
Mayor Vincent opened the public hearing.
Acting City Manager Brey stated that under this proposed special improvement
district, improvements to Valley Unit Park would be made; and those improvements include
. planting of grass, trees and shrubs, installation of a walking path and an open ball playing area,
and purchase and installation of all playground equipment and necessary appurtenances. He
stated the estimated cost is $135,000; and the total assessable area is approximately 4.5
million square feet. He then entered into the record one letter of opposition dated June 16,
submitted by Mr. Robert G. Tudor, 515 Flathead Avenue.
NeighborhoodCoordinator/GrantspersonJames Goehrun9 provided a brief staff report.
He stated that Valley Unit Park is an 8.6-acre parcel located between Valley Unit Subdivision
and Bridger Peaks Subdivision, between Durston Road and Cascade Street. He stated that this
parkland was dedicated with the original Valley Unit Subdivision, but has never been developed.
The City was approached by a number of residents who were interested in seeing the park
developed; and they learned that the park was not a high priority for development. They
. learned that through the creation of a special improvement district, the process could be
speeded up; and the City then received a petition with a substantial number of signatures
requesting that an SID be created for development of the park.
Neighborhood Coordinator Goehrung noted that the City adopted a master plan for
development of the Valley Unit Park, dated March 1992. The original cost estimates were
$70,000; however, the engineer who has been retained to oversee this project has estimated
those costs of the special improvement district at closer to $135,000. He noted that a portion
of the increase in costs is the fact that the estimated cost cannot be exceeded, so that figure
is set high.
The Neighborhood Coordinator stated that approximately 330 properties lie within the
. boundaries of this proposed special improvement district. Based on an estimated cost of 3
cents per square foot for creation of the improvement district and .00155 cents per square foot
for the maintenance district, and based on an average lot size of 8,000 square feet, park
development would result in an annual cost of $42.00, and park maintenance would cost
$11.63 annually, for a total annual cost of $53.63. He stated that these estimates include an
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a-percent interest on the bonds for this special improvement district. He then noted that under
the proposed maintenance district, the estimated cost of $7,000 is one-half of the costs of
annual maintenance; and the City will pay the other half.
Mr. Robert Tudor I 515 Flathead, noted that in his letter of protest, he raised the fact
. that the existing natural area provides an openness among the back-to-back houses and a nice
serenity. He then noted the number of small animals and birds which currently reside in that
natural area, expressing concern that the proposed park improvements will result in eliminating
that natural habitat. He then expressed concern about the financial impact this will have on
residents of the area, particularly when coupled with other increasing taxes. He characterized
this park as a luxury item that the residents cannot afford.
Mr. Tudor then questioned the original petition and number of signatures received.
He also expressed concern that residents of Bridger Peaks Estates and Cascade Subdivision are
bound by a waiver of right to protest the creation of this special improvement district.
Mr. Tudor stated that two families on his street have threatened to move because of
increased taxes. He noted that, while $50 a year for seven years may not sound like much,
. those on fixed incomes will be dramatically impacted. He also noted the strong potential that
the maintenance assessments will increase over the years. He then stated that the children in
the community already receive the benefit of 59 cents of every tax dollar, since that is the
amount spent for schools; and he feels that rather than spending more money to create parks
and playgrounds for the youth, these monies should be spent on the older people. He noted
that when he was a youth, they did not require groomed and established playing fields, but
took advantage of the open space available.
Mr. Tudor then addressed the method of assessment which has been proposed and
other alternatives for assessment. He suggested that, rather than assessing on a flat square
footage basis, those homes located along the perimeter of the park area should be required to
pay a higher assessment rate. He noted that improvements to the park will be enjoyed most
. by those living adjacent to the park; and they are the ones who will benefit from increased
property values. He concluded by suggesting that, instead of developing the Valley Unit Park,
these monies would be better used to purchase some of the field to the north of Valley Unit
that is now for sale, to provide some protection of the mountain scenery.
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Mr. Jim Krall, 402 Yellowstone, stated his back yard is adjacent to the park. He
stated that if something isn't done pretty soon, the park "will go to the dogs, literally". He
stated that at the present time, the park cannot be enjoyed by people because of all the dog
droppings. He noted that if the park is developed, the dogs must be controlled; or it won't be
~- possible to enjoy the improvements.
Mr. Krall stated he is a professional agronomist. He then stated that if the City does
not do something with the parkland in the near future, it will become a haven for spotted
knapweed and Canadian thistle. He noted that, even if the parkland is not developed, a more
aggressive maintenance plan than mowing twice a year will be necessary to address these
weed issues.
Mr. Don Borgeson, 311 Teton Avenue, stated his opposition to the proposed special
improvement district. He questioned why another park is needed, particularly here in Montana.
He stated that, at 71 years of age, he cannot afford to pay additional taxes. He noted that he
will be paying for the installation of sidewalks in the near future; and that will include $150 to
relocate a tree. He further noted that he pays a tree maintenance assessment but has no trees
- in the boulevard. He then stated that his money is already being used to develop and maintain
other parks around town and asked why he should be asked to pay for development and
maintenance of a park in his subdivision in addition.
Ms. Shirley Powell, 8 Teton Avenue, stated she thinks the plan for development of
the park is great; however, she does not feel she can afford it. She then asked several
questions about the costs involved and whether the figures which have been given are annual
or if they will be assessed on a semi-annual basis.
Neighborhood Coordinator Goehrung responded by reviewing the figures he had
previously submitted, assuring those in the audience that these are annual costs rather than
semi-annual costs. He then stated that initial discussions about the maintenance district have
suggested that the maintenance district will be assessed for three to five years and that once
. the community has grown around Valley Unit Subdivision, that the City will absorb all of the
maintenance costs for the park.
Ms. Powell noted that the City has benefited from the tax sale of lots in the Valley
Unit Subdivision. She then suggested that some of those monies should be used to develop
the park, rather than assessing another special assessment against the properties within that
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subdivision. She noted that those who moved into Valley Unit Subdivision many years ago
suffered with the stigma of that subdivision for several years. She then stated she feels there
are many unanswered questions that need to be considered before proceeding with any type
of park development. She cautioned the Commission that with other impending special
. assessments, for items such as improvements to Babcock Street, she does not feel it is
appropriate to add this one, particularly to those who are on fixed incomes or those who will
soon be on fixed incomes.
Mr. Don Wright, 514 Flathead Avenue, stated he bought his lot from someone who
had purchased it at an auction sale. At the same time, he paid off the outstanding SID
balances and was assured that no other SID's would be placed against the property. He stated
his concurrence with the previous speakers, noted he is retired, on a fixed income and cannot
afford more taxes.
Mr. Wright stated there are sufficient improved parks in the community, which are
easily reached; and he really questions the need for another. He suggested, instead, that the
City subdivide the parkland and sell the lots, which would create an additional tax base.
. Mr. Wright stated that if taxes continue to increase, he will be forced to dispose of
his property. He even noted that, in anticipation of this public hearing, he contacted a realtor
and received an estimate on the value of his home. He cautioned that others in the subdivision
feel the same way, as evidenced by conversations he and Mr. Tudor have had with other
property owners in the subdivision.
Mr. Gary Salaz, 414 Yellowstone Avenue, stated he lives adjacent to the park. He
then stated that he was one of those who signed the petition to have the park developed
because he feels it is a good development plan. He stated, however, that after listening to the
testimony which has been submitted tonight, he is feeling "a little ambivalent". He also noted
his concern about the wildlife and the little birds which inhabit the parkland currently. He
stated that, because of the dog excrement, the park is not a suitable location for children to
. play; however, if it were cleaned up, he feels that it could be used without any development.
He encouraged the City to enforce the dog leash law, suggesting that could help to improve
the situation, as well as appealing to people's common courtesy.
Mrs. Wright, 514 Flathead, stated that she has had dogs for many years; and every
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time she walks her dog, she does so with a plastic bag and paper towels. She then suggested
that if other pet owners were as responsible, the problem would not exist.
Mr. James Smith, 105 Teton Avenue, stated that this proposed special improvement
district would increase his assessment burden by one-fourth; and he feels that is an undue
. hardship. He stated that he works at the University, which is essentially a fixed income; and
he has taken in boarders in an effort to afford his home. He stated his current boarder is an
ornithologist; and he has noted the many different types of birds that scurry from the bushes
when one walks by. He then noted that the property directly across Durston from the parkland
is substantially closer to the parkland than his home, and questioned whether that property is
included in the district. He also asked about development of the parkland south of Babcock
Street and whether the residents will be later asked to pay for improvement of that park as
well.
Mr. Smith noted that with the school property adjacent to the other section of
parkland, there is a potential that a school and playground will be available for the children in
the subdivision. He then questioned the need to add playground equipment to the parkland
. under discussion, suggesting that planting grass and adding a paved walkway would cost much
less than $135,000.
Responding to Mr. Smith, Neighborhood Coordinator Goehrung reviewed the
boundaries of the proposed district, noting that Durston Road is the north boundary.
Responding to some of Mr. Smith's comments, Commissioner Stueck stated that
along the south side of West Babcock Street, the School District owns 9.75 acres and the City
has 4 + acres of parkland. At the present time, two full-size soccer fields are being developed
on the school property and three minor league T ball fields are being constructed on the City
property. The cost of these fields is being split by the County, City, Bozeman Baseball and
many service organizations, in addition to donated materials and labor from contractors. He
noted that in the next five to ten years, an elementary school may be built on the site; but that
. school is not a priority at this time.
City Attorney Luwe reminded the Commissioners that they must first make a
determination as to the sufficiency of the protests received. He noted that one written protest
has been received, in accordance with State statutes; and that is the only valid protest. He
noted, however, that even if the Commissioners rule that the protests are insufficient to kill the
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district, the Commission may still choose not to proceed with creation of the district. He noted
that once the public hearing is closed, those decisions must be made and suggested if the
Commission is not prepared to take action tonight, that the public hearing be continued.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
. Commission continue the public hearing to 3:00 p.m. on Monday, July 11. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those
voting No, none.
Public hearino - Commission Resolution No. 2978 - intent to create Special ImDrovement
Maintenance District No. 661 - maintenance of Valley Unit Park
This was the time and place set for the public hearing on Commission Resolution No.
2978, as approved by the City Attorney entitled:
COMMISSION RESOLUTION NO. 2978
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
. BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT
MAINTENANCE DISTRICT NO. 661 FOR PURPOSES OF MAINTAINING,
PRESERVING AND CARING FOR THE IMPROVEMENTS TO V ALLEY UNIT
PARK TO THE CITY OF BOZEMAN, MONTANA.
Mayor Vincent opened the public hearing.
City Attorney Luwe noted that, since this public hearing pertains to maintenance of
the improvements which would be installed under the special improvement district considered
in the previous public hearing, the testimony received in the above agenda item can also be
considered a part of the record for this public hearing.
Mr. Scott Mayer, 3611 Cascade Street, stated that since this is a City park, he feels
that the costs of developing and improving the park should be spread out on a city-wide basis.
Mr. Jim Krall, 402 Yellowstone, stated his support for this proposed district. He
stated that if a path were developed around the park, it would provide a much better place for
. people to walk than in the street. He suggested that to leave the park essentially like it is,
except maintained, would create a nice quiet park setting.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission continue the public hearing to 3:00 p.m. on Monday, July 11. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
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Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No,
none.
Public hearing - Commission Resolution No. 2982 - intent to create Special ImDrovement
District No. 662 - paving and storm drains - North 19th Avenue from West Oak Street to Baxter
. Lane
This was the time and place set for the public hearing on Commission Resolution No.
2982, as approved by the City Attorney entitled:
COMMISSION RESOLUTION NO. 2982
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 662 FOR
STREET IMPROVEMENTS FOR THE ENGINEERING, CONSTRUCTION,
INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT
PAVING. GRAVEL BASE COURSES AND SUBGRADE PREPARATION,
STORM DRAINAGE. AND ALL NECESSARY APPURTENANCES TO
CONSTRUCT A 2,691-FOOT PORTION OF NORTH 19TH AVENUE
BETWEEN BAXTER ROAD AND WEST OAK STREET. IN THE CITY OF
BOZEMAN, MONTANA.
Mayor Vincent opened the public hearing.
. Acting City Manager Brey stated that this proposed special improvement district is
for paving of that portion of North 19th Avenue between West Oak Street and Baxter Lane.
He stated the district is to be assessed on a lineal foot basis, with a total of 5,590 lineal feet
bearing the costs of the district, which is estimated to cost $295,900. He reminded the
Commission that this project was previously considered under a resolution of intent to create
Special Improvement District No. 659, which was based on a square foot assessment; and,
after conducting its public hearing, the Commission chose not to proceed with that district.
No one was present to speak in support of or in opposition to the proposed special
improvement district. The Mayor noted that there were no protests filed.
Mayor Vincent closed the public hearing.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
. Commission authorize and direct staff to bring back a resolution creating Special Improvement
District No. 662. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff
and Mayor Vincent; those voting No, none.
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Public hearing - variance from Section 18.65.050.C. of the Bozeman Municipal Code - Dr. P.
Brian Roaers - to allow two freestanding low-profile signs on sin ale lot - Tract 1. Fm 16. Pg
1154. located in the SWy.... Section 12. T2S. R5E. MPM (northeast corner of West Colleae and
South 19th) (C-941 0)
This was the time and place set for the public hearing on the variance from Section
18.65.050.C requested by Dr. P. Brian Rogers, under Application No. C-9410, to allow two
. freestanding low-profile signs on single lot known as Tract 1, recorded on Film 16, Page 1154,
located in the Southwest one-quarter of Section 12, Township 2 South, Range 5 East, Montana
Principal Meridian. The subject parcel is more commonly located at the northeast corner of
West College Street and South 19th Avenue.
Mayor Vincent opened the public hearing.
Assistant Planner Lanette Windemaker presented the staff report. She stated the site
of the new building to be constructed is located immediate south of the new First Security Bank
drive-in facility and immediately west of Dr. Rogers' existing office building. She reviewed the
site plan, noting that Dr. Rogers is proposing to construct a second building, with a second
freestanding low-profile sign, on the west end of the lot. She stated that Dr. Rogers has also
. requested a deviation to allow the new sign to exceed the maximum size of 12 square feet by
20 percent, for a 14.4-square-foot size. She noted that issue is listed in the agenda item
below.
The Assistant Planner stated that the current zone code allows one freestanding sign
per zone lot, with a maximum of 32 square feet of signage on a single lot in the R-O,
ResidentialnOffice, zoning district.
Assistant Planner Windemaker stated that the Design Review Board has reviewed this
application, since the subject property lies within the South 19th Avenue entryway overlay
district. Following its review, the DRB forwarded a recommendation for approval of the
Certificate of Appropriateness, with a deviation for size.
The Assistant Planner stated that staff has reviewed this application in light of the
. three criteria set forth in Section 18.56.060 of the Bozeman Municipal Code; and those
findings are contained in the written staff report. She summarized those findings, noting that
staff does not believe that this application is contrary to the public interest, and has not
identified any factors which would compromise public safety or health. She stated that staff
has identified two physical conditions on the property which must be carefully considered. She
07-05-94
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noted that access to the subject property is from West College Street, which is higher than the
level of the property. Also, the property has a substantial amount of mature vegetation which
the applicant proposes to preserve and supplement with additional landscaping. When those
factors are combined, literal enforcement of the code could result in unnecessary hardship.
. Staff does not feel that this application has been submitted in an effort to breach or circumvent
the integrity of the zone code. On the basis of these findings, staff has forwarded a
recommendation for approval, subject to two conditions which limit the sizes of the signage
allowed.
Responding to Commissioner Stueck, Assistant Planner Windemaker stated that
neither the support structure nor the street address are counted when calculating the square
footage of a freestanding low-profile sign.
Dr. Brian Rogers, applicant, stated he operates a busy medical practice in the existing
building on the site, serving at least 15,000 annually from around the state as well as
Wyoming. He stated that with many of the people being unfamiliar with Bozeman, and with
the traffic nightmares that are being encountered in this community, it is important that signs
. be set so they can easily identify the appropriate structure. He noted this is particularly
important in this instance, with two separate buildings, two separate parking lots and two
separate entrances located on the same lot, near a particularly busy intersection. He noted the
importance of being able to quickly identify the buildings and the appropriate accesses. He
further noted that the Fire Department representative who reviewed this application at the
Development Review Committee meeting emphasized the importance of being able to quickly
identify the buildings in an emergency situation.
Dr. Rogers emphasized the fact that his application is to erect a second freestanding
low-profile sign on the lot. He noted that the lot around the new building is to be as well
landscaped as his existing building; and he is not attempting to circumvent the code in any
way. He stated that one option available would be to place the signage on the building;
. however, he noted that would result in a need to remove much of the landscaping which he
feels makes his current business an attractive one.
No one was present to speak in opposition to the requested variance to the sign code.
Since there was no Commissioner objections, Mayor Vincent closed the public
hearing.
07 -05-94
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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 Frost, seconded by Commissioner Youngman, that
the Commission approve variance from Section 18.65.050.C requested by Dr. P. Brian Rogers,
. under Application No. C-9410, to allow two freestanding low-profile signs on the single lot
located at the northeast corner of the intersection of West College Street and South 19th
Avenue, subject to the following conditions:
1 . The maximum square footage of the second freestanding low-profile sign
not exceed 14.4 square feet; and
2. The maximum square footage of the zone lot not exceed 32
square feet.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent;
those voting No, none.
Reauest for deviation from Section 18.65.050 of the Bozeman Municipal Code - Dr. P. Brian
Rogers - to allow sian to exceed the maximum size for a freestandina low-profile sign bv 20%.
. from 12 SQuare feet to 14.4 SQuare feet
City Attorney Luwe stated that the testimony from the public hearing conducted in
the previous agenda item may be considered a part of the record for this agenda item as well.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission approve the requested deviation from Section 18.65.050 of the Bozeman
Municipal Code, as requested by Dr. P. Brian Rogers, to allow a freestanding low-profile sign
to exceed the maximum 12-square-foot size by 20 percent, or a maximum size of 14.4 square
feet. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and
Mayor Vincent; those voting No, none.
Public hearin - Zone Ma Amendment. R-O and A-S to R-Q and R-S - Susan Ta lor Nelson -
23.852 acres known as Tract 4A. COS No. 1498C, Section 25. T1S, R5E. MPM (1500 and
1620 Reeves Road) (Z-9454)
This was the time and place set for the public hearing on the Zone Map Amendment
requested by Susan Taylor Nelson, under Application No. Z-9454, to amend the current zoning
designations of R-O, ResidentialnOffice, and A-S, Agricultural-.Suburban, to R-O, Residential-.
07-05-94
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Office and R-S, Residential--Suburban Country Estates, on the 23.852-acre tract known as
Tract 4A, Certificate of Survey No. 1498C, located in Section 25, Township 1 South, Range
5 East, Montana Principal Meridian. The subject property is more commonly located at 1500
and 1620 Reeves Road.
. Mayor Vincent opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated this
application is for rezoning of 23 + acres located along the north side of U.S. Highway 10, east
of Reeves Road. A majority of the parcel is zoned A-S, with the exception of a small piece of
R-O zoned property, which was zoned with the original planned unit development which was
approved a couple of years ago. Under this proposal, the zoning would be changed from A-S,
Agricultural --Suburban, and R-O, Residential--Office, to R-S, Residential--Suburban Country
Estates, and R-Q, Residential--Qffice, which would allow for a variety of development on the
property. She stated that an application has been submitted to the Planning Office for a
conditional use permit to incorporate the property into the Walker Property Subdivision Planned
Unit Development. This would require that development on the subject 23 + acres be done in
. compliance with the guidelines of the planned unit development, which are rather stringent.
Assistant Planning Director Arkell stated that the Planning Board held its public
hearing on this zone map amendment at the June 21 meeting. At that time, no public
testimony was received.
The Assistant Planning Director stated that the Board reviewed this application in light
of the twelve criteria set forth in the Montana Code Annotated, taking into consideration the
staff findings for each of those criteria, as set forth in the written staff report. She highlighted
the findings of the staff report, noting that staff determined that the requested rezoning to R-S
and R-Q does not comply with several of the criteria including the fact that the R-Q zoning is
not in compliance with the land use designation contained in the Master Plan, would not give
consideration to the peculiar suitability of the property for particular uses, would not give
. reasonable consideration to the character of the district, would significantly impact the value
of existing residential buildings, and would not encourage the most appropriate use of the land.
She stated, however, that the Planning Board did concur in the staff findings that rezoning of
the entire 23.852 acres to R-S, Residential--Suburban Country Estates. would be in compliance
with the twelve criteria and recommends to the Commission that this rezoning be approved.
07-05-94
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Assistant Planning Director Arkell stated that the applicant has discussed the
recommended rezoning to R-S with staff and has indicated her agreement with the
recommendations.
No one was present to speak in support of or in opposition to the requested rezoning.
. Since there was no Commissioner objections, Mayor Vincent 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 Stiff, seconded by Commissioner Stueck, that the
Commission approve the Zone Map Amendment requested by Susan Taylor Nelson, under
Application No. Z-9454, by amending the current zoning designations of R-O, Residential--
Office, and A-S, Agricultural--Suburban, to R-S, Residential--Suburban Country Estates, on the
23.852-acre tract known as Tract 4A, Certificate of Survey No. 1498C, located in Section 25,
Township 1 South, Range 5 East, Montana Principal Meridian, and direct staff to bring back
an ordinance enacting the Zone Map Amendment. The motion carried by the following Aye and
. No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner
Frost, Commissioner Youngman and Mayor Vincent; those voting No, none.
Public hearing - Conditional Use Permit - Springer GrouD Architects for Richard Kountz - allow
construction of one golf course. with clubhouse on a 58.18-acre portion of Section 15. T2S.
R5E. MPM (south of Huffine Lane along the east side of Cottonwood Road) (Z-9453)
This was the time and place set for the public hearing on the Conditional Use Permit
requested by Springer Group Architects for Richard Kountz, under Application No. Z-9453, to
allow construction of one golf course, with clubhouse, on a 58.18-acre portion of Section 15,
Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more
commonly located south of Huffine Lane along the east side of Cottonwood Road.
Mayor Vincent opened the pUblic hearing.
. Assistant Planner Lanette Windemaker presented the staff report. She stated the
subject 58.18-acre parcel is located approximately 750 feet south of Huffine Lane/U.S.
Highway 191, along the east side of Cottonwood Road. An artificial lot containing
approximately 54,000 square feet is to be designated under this conditional use permit, upon
which the 1,440-square-foot clubhouse and associated parking lot and landscaping
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requirements are to be located. The remainder of the site is to be used for a nine-hole golf
course. The Farmers' Canal traverses the subject property; and the golf course is to be
irrigated with water rights from that waterway. Ponds are planned in the golf course, taking
advantage of the existing wet areas on the subject property.
. Assistant Planner Windemaker stated that staff has reviewed this application in light
of the six criteria set forth in Section 18.53.030 of the Bozeman Municipal Code; and the
written findings are contained in the staff report. She briefly highlighted those findings, as
follows. Due to the additional traffic impacts, the applicant should be required to file a waiver
of right to protest the future creation of a special improvement district/rural improvement
district for signalization at the intersection of Cottonwood Road and Huffine Lane. The applying
of large amounts of fertilizers, pesticides and herbicides is typical in a golf course situation and,
because of the apparent wet conditions on at least a portion of the site, staff would
recommend that steps be taken to ensure that the use of those products does not contaminate
the groundwater.
The Assistant Planner stated that the land use designations contained in the master
. plan for the subject site include commercial in the northernmost portion, public open space
along Farmers' Canal, suburban residential in the southeastern portion and rural residential in
the southwestern portion. The proposed clubhouse and parking lot are located within the
commercial designation; and the golf course lies within the open space and residential
designations. This proposal seems to be in general compliance with the master plan, providing
open space for surrounding residential development. Since a linear trail corridor has been
identified in this general area, staff is recommending that a linear trail be required, in a general
alignment with the Farmers' Canal corridor.
Assistant Planner Windemaker stated that, as a result of its review of this application,
staff has recommended approval of the conditional use permit, subject to eighteen conditions.
She briefly highlighted the four conditions which address the issues raised in the above
. discussion.
The Planning Board conducted its public hearing on this application at its meeting of
June 21, after which it concurred with staff's recommendation.
Mr. Lowell Springer, architect and applicant, stated his basic agreement with the staff
report and the conditions recommended for approval of the application. He asked, however,
07-05-94
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that he be given an opportunity to discuss with the City Attorney the issue of requiring a
pedestrian walkway across the property, particularly in light of a recent landmark decision in
Oregon.
Responding to Commissioner Youngman, Mr. Springer stated that approximately 250
. feet of the northern boundary of the property, approximately where the ponds are proposed,
there appears to be a natural wetland. He then noted that area will be basically left in its
natural state.
Further responding to questions from Commissioner Youngman, Mr. Springer stated
that the depth of the water table has not been tested on this site. He estimated, however, that
it is essentially the same as it is for all of the property from the Advanced Technology Park
west, which is approximately five feet below ground level.
Responding to Commissioner Stiff, City Attorney Luwe stated he feels the
Commission needs his legal advice on the court case prior to making a decision on this
application. He then stated that he has already requested a copy of the court's decision, but
has not yet received it. He requested that the Commission delay its decision for a minimum
. of two weeks, to allow him time to receive and review the decision; and further recommended
that the public hearing not be closed until after his opinion has been submitted.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission continue the public hearing to a 3:00 p.m. session of the Commission meeting,
allowing a minimum of two weeks for the City Attorney to complete his review and forward
his findings. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Vincent; those voting No, none.
Public hearinas - P.C. Development. Inc. - (a) CUP for PUD - to allow a nine-lot
business/commercial development (Z-9453); and (b) preliminarv Dlat for Vallev Commons
Business Park - a subdivision planned unit development to create nine lots with a private street
. on 15.2 acres located in the SEY<.. and SWY<.. of the SE% of Section 10. T2S. R5E. MPM
(northeast corner of Ferguson Avenue & U.S. 191) (P-9424)
This was the time and place set for the public hearings on applications forwarded by
P.C. Development, Inc., for development of 15.2 acres located in the Southeast one-quarter
and Southwest one-quarter of the Southeast one-quarter of Section 10, Township 2 South,
Range 5 East, Montana Principal Meridian, as follows: (a) for a Conditional Use Permit for a
07-05-94
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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 a private street.
The subject property is more commonly located at the northeast corner of Ferguson Avenue
. and U.S. 191.
Mayor Vincent opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
this application is for both a zoning planned unit development and a subdivision planned unit
development, under which nine lots are to be created for commercial/industrial use on property
which is zoned BP, Business Park. The subject property is located within the West Main Street
entryway overlay district. The property was originally platted as Lots 4A, 5A and 6A, Block
1, Valley Unit Subdivision, Phase I, in 1980.
The Assistant Planning Director stated that under this application, access to the nine
lots is to be via a private street constructed in a 50~foot-wide right-of-way. Secondary
accesses is to be provided to Fallon Street between Lot 3 and the Valley Commons Park and
. to Yellowstone Avenue/Fallon Street via an access easement along the west edge of the USDA
property.
The Assistant Planning Director stated that the applicant proposes to create nine lots
and open space areas on the subject 15 +-acre tract. A pedestrian trail along U.S. Highway
191 is proposed in conjunction with this application; and the applicant is working with the
Montana Department of Transportation to acquire a 25-foot-wide beautification easement
within the highway right-of-way, in addition to the setbacks and landscaping proposed on the
site itself. She stated that with the beautification easement, the 40-foot common open space
and the 25-foot to 30-foot setback, buildings will be set back approximately 140 feet from the
edge of the new pavement. She also noted that boulevard landscaping is proposed within the
development; and 0.54 acre is set aside for a park. Under the development guidelines, each
. building is required to have a patio or terrace area, which will provide additional open space
within the development.
The Assistant Planning Director stated that the applicant has established a list of
allowable uses for each of the lots within this proposed subdivision. Under his proposal, if a
building is to be constructed within the identified footprint for the lot, and if the use is included
07-05-94
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on the list of allowable uses, and if the building complies with all of the architectural
requirements contained in the development guidelines, a building permit can be issued with no
further public reviews required. If, however, anyone of those items is not met, the project will
be subjected to full review.
. Assistant Planning Director Arkell stated that under the development regulations/
guidelines for this project, all buildings must have four fronts, with no side and no rear allowed.
All accesses to the structures are to be from Valley Commons Drive; and the entryways must
be clearly delineated.
The Assistant Planning Director briefly highlighted the adjacent land uses, noting they
include residential to the north, highway and vacant farm land to the south, the USDA complex
to the east and vacant business park land to the west.
Assistant Planning Director Debbie Arkell stated the intent of the planned unit
development concept is to promote maximum flexibility and innovation in the design of
development projects, while ensuring protection of the pUblic health, safety and welfare. In
light of that concept, Section 18.54.050.C(3) of the Bozeman Municipal Code contains
. fourteen review criteria for review of a zoning planned unit development. In addition to those
criteria, the zoning planned unit development must also be reviewed in light of the six criteria
for review of conditional use permits, as set forth in Section 18.53.030 of the Bozeman
Municipal Code. The preliminary plat must be reviewed in light of the five criteria set forth in
the Montana Code Annotated. The staff's comprehensive written findings for each of these
criteria are contained in the staff report.
The Assistant Planning Director stated that a minimum of 30 percent open space must
be provided in a planned unit development; and the subject plan provides just over 50 percent
open space. Uses not typically allowed in the Business Park zoning district are included in the
lists of uses to be provided on many of the lots within the planned unit development. She
noted, however, that through restrictions on the uses allowed on Lots 1 through 4 and through
. the development guidelines and covenants, the uses on those lots are designed to minimize
impacts on adjacent residential development. Lot 1 is the only lot upon which a convenience
center would be allowed; and Lot 2 could accommodate a food establishment. Allowable uses
on Lots 5 through 9, which are located along the south side of Valley Commons Drive, include
more retail uses, which typically generate more traffic. Some of the uses typically allowed in
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the BP zoning district, however, are not allowed on any of the lots within this planned unit
development; and those include manufacturing, pilot plants and hospitals. She noted that
under the list of proposed permitted uses, a motel could be located on Lot 7; and a restaurant
with lounge/casino could be located on Lot Nos. 7, 8 and/or 9. She stated that after the
. Planning Board conducted its review of this application, they determined that the proposed
lounge/casino use would be inappropriate; however, a restaurant which serves alcoholic
beverages as an accessory use would be acceptable.
The Assistant Planning Director stated there is no direct access from any of the lots
to U.S. Highway 191; and the only direct access onto Ferguson Avenue is to be from Lot 1.
Assistant Planning Director Arkell stated that when staff first reviewed the concept
plan for this proposed planned unit development, concern was expressed about the fact that
it might appear to be a strip commercial development. She stated that after reviewing this
proposal, staff feels that with all accesses to the lots being from Valley Commons Drive and
with the fact that the buildings will be located a minimum of 140 feet from the nearest
pavement on U.S. Highway 191, many of those concerns are alleviated. She also noted that
. the very, very detailed design guidelines for the project, which include architectural designs,
will help to minimize the appearance of a strip development.
The Assistant Planning Director stated that the Planning Board conducted its public
hearing on these two items. She noted that at that time, six members of the public spoke.
Concerns were expressed about some of the proposed uses, particularly the retail uses,
restaurants and motel. Also, concerns about traffic were raised, since the uses in this
development are designed to attract the traveling public from U.S. Highway 191 into the site.
Since it is difficult to get back onto U.S. Highway 191 at Ferguson Avenue, the residents of
Valley Unit Subdivision are concerned that traffic will travel through the subdivision, using
either West Babcock Street or Durston Road to gain access to the center of town. She noted
concern was also expressed about the amount of on-street parking that might occur. She cited
. the new USDA building and the amount of on-street parking which has been generated by that
structure, even though there is ample off-street parking on the site. She noted the Planning
Board also received a petition containing the signatures of 85 residents of Valley Unit
Subdivision; and showed the Commission a map depicting the parcels which those signatures
represent. She noted that concerns expressed in the petition include the fact that the subject
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property is zoned BP; this proposed planned unit development is perceived as a degradation of
the quality of life for nearby residents as well as decreased property values; and the impacts
of high traffic volume activities, i.e., a motel, in the development.
Assistant Planning Director Arkell stated that the Planning Board reviewed this
. application in light of the criteria set forth for review of a planned unit development, a
conditional use permit and a preliminary plat. Following that review and consideration of public
testimony, the Planning Board voted to recommend approval of the application, subject to 27
conditions. She noted that Resolution No. Z-9458/P-9424 has been forwarded, enumerating
all of those conditions. She then briefly highlighted some of those conditions.
The Assistant Planning Director stated that the applicant is to provide a waiver of
right to protest the creation of a special improvement district for the installation of a traffic
signal at the intersection of U.S. Highway 191 and Ferguson Road. She stated that traffic
counts indicate there are 450 average daily trips at the present time. No traffic signal is
included in the plans for the Bozeman to Four Corners project, although conduit for wiring for
a signal is to be installed with that project. She stated that representatives from the Montana
. Department of Transportation have indicated that with four traffic lanes and a center turning
lane, many concerns about getting onto the highway from Ferguson Avenue should be
eliminated. She also noted that installation of a traffic signal before it is warranted could create
a more dangerous situation than no signal at all.
The Assistant Planning Director stated that hours of business for those businesses
on Lot Nos. 1 through 4 are to be from 7:00 a.m. to 11 :00 p.m. This is designed to minimize
impacts on the residential development immediately to the north. Bars and casinos are not to
be allowed on any of the lots within the planned unit development; and alcoholic beverages,
as an accessory use, are to be sold on Lot Nos. 7 through 9 only.
Break - 8:45 to 8:50 p.m.
. Mayor Vincent declared a recess from 8:45 p.m. to 8:50 p.m., due to a power
outage.
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Public hearings (continued) - P.C. Develocment. Inc. - (a) CUP for PUD - to allow a nine-lot
business/commercial development (Z-9453); and (b) creliminarv plat for Vallev Commons
Business Park - a subdivision clanned unit development to create nine lots with a private street
on 15.2 acres located in the SE~ and SW~ of the SE~ of Section 10. T2S. R5E. MPM
(northeast corner of Ferauson Avenue & U.S. 191) (P-9424)
Mayor Vincent stated that staff has just reported to him that the back-up generator
. at the Fire Department is not functional at this time; and the emergency lights are rated to
operate for one-half hour. He then stated that, due to these facts, the Commission has no
alternative but to continue these public hearings and the following agenda item.
Mayor Vincent then continued these public hearings to 7:00 p.m. on Monday, July
11, 1 994.
Accellate hearina - acceal of Planning Board's decision for approval of maior site clan to allow
construction of 85 residential condominiums on 19.09 acres - COS No. 1917. located in the
NW~. NE~. Section 11. T2S. R5E. MPM (2400 Durston Road) - Human Resource
Development Council (Z-9452)
This was the time and place set for the appellate hearing requested by Human
Resource Development Council, to appeal the Planning Board's decision for approval of major
. site plan to allow the construction of 85 residential Condominiums on 19.09 acres, under
Application No. Z-9453. 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.
Due to the power outage, Mayor Vincent opened and continued the appellate hearing
to 7:00 p.m. on Monday, July 11, 1994.
Adjournment - 8:53 p.m.
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, Commissioner
Stueck and Mayor Vincent; those voting No, none.
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'"-
. ATTEST:
@ oIJ~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
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