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HomeMy WebLinkAbout1994-05-16 ccm "<.".,:~:..;;;"..... . MINUTES Of THE MEETING Of THE CITY COMMISSION BOZEMAN, MONTANA May 16, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 16, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Vincent asked if any of the Commissioners wanted to remove any of the Consent Items for discussion. City Manager Wysocki asked that the request for connection of 2111 Sourdough Road to the City's sewer be removed for discussion. Minutes - May 9. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . minutes of the regular meeting of May 9, 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. Signinq of Notice of sDecial City Commission meeting time (to set early start time) A copy of the Notice of Special City Commission Meeting Time was included in the Commissioners' packets. This Notice changed the meeting time to 3:00 p.m., as a result of action taken by the Commission at last week's meeting due to the length of the agenda. The Commissioners, in turn, signed the Notice of Special Commission Meeting Time. . Continued discussion - Drecaration for town meeting scheduled for 7:00 c.m. on Thursday. May ~ City Manager Wysocki noted that, included in the Commissioners' packets, was information on the proposed general obligation bond issue for transportation projects. This information includes a tentative agenda, a listing of proposed projects, information on projected 05-1 6-94 ":::" - 2 - financial impacts and copies of press releases for the town meeting scheduled to be held at 7:00 p.m on Thursday, May 19, 1994 in the Choral room at Bozeman Senior High School. City Manager Wysocki stated that some of the committed major improvements or items budgeted in this year's budget could be completed this fall; and others may be started . early next summer. Responding to Commissioner Frost, Director of Public Service Forbes stated that the costs for the projects involving Durston Road have been increased to accommodate the installation of storm drainage. City Manager Wysocki reviewed the minor changes which have been made in the listing of projects since the initial list was submitted at last week's meeting. Commissioner Frost noted that reversing the order of the staff presentations and introductory remarks was discussed at last week's meeting. A majority of the Commissioners then expressed an interest in having those two items reversed prior to the town meeting. Responding to Commissioner Youngman, the City Manager indicated that during staff presentations, the current funding for transportation items could be briefly discussed. . Commissioner Stiff asked if monies from a successful general obligation bond issue could be appropriated for other projects if some of those listed on this sheet receive funding from another source, such as through a special improvement district. The City Manager responded that would be possible. He then cautioned that there will be overages and underages in the projects listed; however, he noted that, hopefully, the bottom line will work out. Commissioner Stiff then expressed concern about proposing that only $200,000 be set aside for right-of-way acquisition. He stated that if the Commission is serious about addressing development of a belt loop, more monies should be set aside. City Manager Wysocki stated that, hopefully, the County will contribute a like amount toward that project. . Commissioner Stiff then asked if the Commission is going to assume that impact fees will be in place before a general obligation bond issue is voted on. He noted it could be beneficial if that were the case. City Manager Wysocki cautioned that the entire review and approval process must be completed before impact fees can be implemented. He noted that only impact fees for the 05-1 6-94 .-...------ - 3 - transportation system could possibly be in place before voters are asked to make a decision on the general obligation bond issue; and he does not anticipate that process could be completed until at least September 1994. Responding to questions from Commissioner Stiff, Mayor Vincent suggested that . during introductory comments, each Commissioner forward his or her statements. He noted that anything relevant to the issue would be appropriate. The Commission then discussed the process to be followed during the town meeting. It was determined that staff will make their presentations, followed by introductory comments from the individual Commissioners, and then public comment. If an individual's testimony is proceeding on a misunderstanding, immediate clarification will be provided so that the individual's comments can be adjusted accordingly. The Mayor then reviewed the items he will have set up in the room for the meeting. He stated there will be no need for microphones because the room has been designed with good acoustics. Responding to Commissioner Stiff, Administrative Services Director Gamradt stated . that, typically, bond issuance costs are 2 to 2 Y2 percent of the bond issue. He estimated in this instance, issuance costs will probably total $150,000 for a $5 million bond issue; and that amount will be subtracted from the amount of the bond issue, with the City receiving the remainder of the monies. Mayor Vincent asked that staff prepare the appropriate hand outs for the town meeting. He noted that after the Commission has heard comments from the public, it may be ready to make a decision on whether to place a general obligation bond issue on the ballot. Continued Dublic hearina . Commission Resolution No. 2966 - intent to create SDecial Improvement District No. 659 - caving and storm drains - North 19th Avenue from West Oak Street to Baxter Lane This was the time and place set for the continued public hearing on Commission . Resolution No. 2966, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2966 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. 659 FOR STREET IMPROVEMENTS FOR THE CONSTRUCTION. INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL 05-1 6-94 .--:;='".,~. n_..__ - 4 - BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,390-FOOT PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki requested that this continued public hearing be continued to 3:30 p.m. on May 31, 1994, to allow staff the time needed to finalize its recommendations for . Commission consideration. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the public hearing be continued to 3:30 p.m., on Tuesday, May 31, as requested by the City Manager. 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 - Dreliminarv Dlat - Babcock Meadows Subdivision - Anson H. Crutcher. Babcock Place Partners - subdivide 27.2 acres into 83 residential lots - SW~. Section 11. T2S. R5E. MPM (3100 block of West Babcock Street) P-9414 This was the time and place set for the public hearing on the preliminary plat for Babcock Meadows Subdivision, as requested by Anson H. Crutcher, Managing Partner of . Babcock Place Partners, under Application No. P-9414, to allow subdividing of 27.2 acres located in the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 83 residential lots. The subject parcel is commonly located along the south side of the 3100 block of West Babcock Street. Mayor Vincent noted that, typically, the Commission does not conduct public hearings on preliminary plats. In this instance, however, because of public notices, the Commission is conducting a public hearing. He emphasized that this is an exception, noting that no public input will be received on the preliminary plat which is being considered later in this meeting. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that the original . staff report has been previously submitted to the Commission in detail. He then noted that, included in the packet, was a memo dated May 12, in which he forwarded a revised set of conditions for Commission consideration; a copy of the letter from Mike lilly, dated April 29, which forwarded a set of proposed conditions; a copy of Resolution No. P-9414, which was adopted by the City-County Planning Board on April 5, 1994; and a letter from Esther Reiter, 05-1 6-94 - - 5 - 3006 West Babcock Street, dated May 11. The Senior Planner then distributed copies of his memo dated May 16 to the Commissioners, noting it forwards a new proposed Condition No. 8 for Commission consideration. The Senior Planner reminded the Commission that at the April 18 meeting, a . comprehensive review of the record from the Planning Board meeting was conducted; and the applicant's representatives made their presentations. He then indicated that at this time, he will highlight the new information which has been submitted. Senior Planner Skelton highlighted the revisions to conditions, which he has included in his memo of May 12. He noted those revisions apply to Condition Nos. 7, 8, 11, 13, 17, 23, 26 and 29. He reviewed those revisions as well as the reasons they are being proposed. He noted that in No.7, trails have been excepted from the 35-foot streambank setback requirement for buildings or structures. In Condition No.8, a revised condition has been forwarded for Commission consideration, which requires that West Babcock Street from West Main Street to Fowler Avenue be improved to a 40-foot-wide City street standard prior to filing of the final plat. He then distributed a memo dated May 16, in which he proposed yet another . option, under which an acceptable mechanism for funding of improvements to West Babcock Street is in place. Condition No. 13 also contains alternative language for Commission consideration. In the alternative, rather than requiring immediate paving of Donna Avenue as a secondary access for Phase I, it allows for development of the roadway to a gravel standard for a maximum of two years or until the plat for Phase II is filed, with a financial guarantee to ensure that it is properly completed. The Director of Public Service, the City Engineer and the Planning Director have indicated that this alternative is a workable solution to the developer's concerns. The Senior Planner stated that Condition No. 17 has been revised to allow for utility easements to be located along the front yard lines rather than along the rear and side yard lines. He noted with this revision, a variance from Sections 16.12.050.8.1. and . 16.12.050.B.1. are necessary. He noted that Condition No. 18 from the Planning Board resolution has been eliminated because it is essentially the same as Condition No. 11. Senior Planner Skelton stated that under Condition No. 20, staff was originally concerned that the building envelopes may not be large enough on Lot Nos. 11 and 67. He stated that, after further review of the plan, staff has decided that a building could be located 05-1 6-94 --- .... --"'. - - " ... .-..... .-----...--....- - 6 - on those lots and that redesigning of the lots is not necessary. He then noted that staff also reviewed the fact that some of the lots on the cul-de-sacs do not have a 50-foot-wide frontage; however, they are at least 50 feet wide at a point 25 feet back from the property line. Staff also recommends that a variance be granted to Section 18.50.070.A. of the zone code to allow . a six-foot-high fence in the front yard along Lots 65 and 66 to minimize impacts to what is essentially a rear yard on those two lots, even though it abuts a street and is technically considered a front yard. The Senior Planner noted that a 1-foot-wide no access strip should be identified along Lots 65 and 66 to ensure that there is no direct access onto Donna Avenue or Connie Court and along Lot 39 to ensure no direct access onto West Babcock Street. Condition No. 29 was not included in the Planning Board's resolution; however, it was contained in the staff memo dated April 14. That condition requires that an emergency access be provided from the Main Mall, with the final location to be approved by the Main Mall as well as several key City staff members. This revised condition provides more flexibility than the originally submitted condition, which mandated that the emergency access be located across Lot 62. . Senior Planner Skelton reminded the Commission that the applicant has granted a two-week extension to allow time to resolve the issues which had arisen during the April 18 meeting. He cautioned that, unless another extension is granted, the Commission must take action today. Senior Planner Dave Skelton entered into the record a letter from Esther Reiter, 3006 West Babcock Street, in which she suggested that a five- or six-foot chain link fence be required around the development and that the covenants stipulate only single-family development. He noted the applicant has already included the latter issue in his proposed covenants. Responding to Commissioner Stueck, the Planner stated that with the wording in Condition No. 20, he feels that allowing a six-foot-high fence in what is essentially a front yard . setback will not create an undesirable precedent because that approval is based on the fact that it actually serves as the rear yard for the two subject lots. Responding to Commissioner Frost, the Planner stated that an acceptable funding mechanism, as an alternative to an SID, has not yet been identified. 05-1 6-94 .-.--.--. ---- ------ - 7 - Commissioner Frost suggested that Condition No.8 be amended to require that the monies are deposited with the City, so that those monies are readily available when improvements to West Babcock Street begin. On that basis, he proposed that the language in Condition No.8 to read "That the applicant provide funding for improvements to West . Babcock Street ..." Responding to questions from Commissioner Frost, the Senior Planner stated that the West Babcock Street right-of-way is to be 90 feet wide, with a 40-foot-wide street. Commissioner Youngman stated her preference for a lower minimum house size, suggesting that a 1 ,200-square-foot home is not necessarily affordable. She then asked if any consideration has been given to narrower cul-de-sac streets. The Senior Planner stated that past experience has shown that the narrower streets typically do not work well in a residential subdivision. He noted staff's preference is to require the installation of City standard streets in subdivisions. Further responding to Commissioner Youngman, the Planner stated that under Condition No.9, efforts are being made to address the vehicle/bicycle/pedestrian conflicts that . exist along West Babcock Street. He characterized this as a short-term solution until West Babcock Street is improved. City Manager Wysocki stated he has just received a note from Administrative Services Director Gamradt stating that the Supreme Court has just ruled, 7 to 0, that the Carbon County case regarding special improvement districts is incorrect. He stated that now makes special improvement districts a viable alternative. Mr. Mike Lilly, attorney representing Babcock Meadows Partnership, noted the revised conditions which have been forwarded for Commission consideration. He then distributed to the Commission a sheet containing revisions which he would like to have incorporated into the final decision. He stated that in Condition No.7, he feels it is important to clarify that the 35- foot setback from the streambank is from both sides of the stream. He also suggested that any . reference to the trail system can be eliminated from this condition, since the setback pertains to buildings or structures. He then suggested that the last portion of Condition No. 15 be deleted because reference to townhouses is in direct conflict with Condition Nos. 26 and 27, which limit development to single-family residences. He then proposed that in Condition No. 05-1 6-94 -. .- - 8 - 24, easements be required across additional lots to provide better access to the trail system within the development. Mr. Lilly stated that, in addition to those clarifications, the applicant has some substantive concerns about Condition NO.5 and the looping of the water main in conjunction . with Phase I. He stated the developer still prefers to loop these water lines with the Main Mall water system, after it has been accepted by the City. He stated this loop is desirable for the City, since it would also provide a looped water system for the Main Mall as well. He then asked that the Commission accept the wording for Condition No.5 as he has forwarded in his memo of April 29. Mr. Lilly stated he feels the bicycle/pedestrian path along West Babcock Street, as proposed by the applicant, is a good short-term solution; and he is disappointed that staff does not share that view. He then expressed concern that Condition No. BA, as proposed in the staff memo dated May 12, would effectively kill this project because it is not possible to know when West Babcock Street will be improved. He reminded the Commission that if this preliminary plat is approved, the developer has three years in which to file the final plat. . Mr. Lilly stated that when this subdivision was first considered, it was to be a 10-acre subdivision. Because it had no secondary access, staff suggested that a larger parcel be considered. In response to that feedback, the applicant did acquire additional acreage and has provided a secondary access. He stated that all through the various processes, including annexation, master plan amendment, zone map amendment and subdivision, the applicant has relied on the City's policy to require waivers of right to protest the creation of a special improvement district for improvements to West Babcock Street; and he is concerned that the City policy now seems to be changing in mid-stream pertaining to this project. He stated that he feels a special improvement district is the only viable way to improve West Babcock Street, and encouraged the Commission to approve this preliminary plat with Condition No. B and not the alternatives which have been proposed. . Mr. Phil Mazuranich, 24 North Western Drive, stated he is still concerned that townhouses might be constructed in this development. He noted that if the property is subdivided with the idea of allowing single-family dwellings to be constructed on those lots, then that is what should occur. He noted that in Westgate Subdivision, which was designed to accommodate single-family dwellings, duplexes are now being constructed. He suggested 05-1 6-94 - .. .-..---.- ~_. -- - --.--. .-.. ..- - 9 - the Commission should review that situation and determine how to avoid that problem in the future. Ms. Judy Worley, 3028 West Babcock Street, stated it is obvious that the notice for the Westgate Subdivision, which stated 10.6 acres were to be subdivided into 31 single-family . residential lots, is not being developed in that manner. She then stated that she has complained about the traffic on West Babcock Street whenever a development is proposed; and it has been to no avail. Ms. Worley stated she feels it is important to stipulate, in some enforceable manner, that only single-family residential development will be allowed in this subdivision. She also asked that some consideration be given to design, rather than just allowing rectangles to be constructed. She noted that Mr. Crutcher has indicated his intent to live in this subdivision; however, that is no assurance that the subdivision will be developed in a manner which is compatible with the existing neighborhood. Mr. Bob Davis, 6284 Davis Lane, spoke on behalf of the Farmers Canal Company. He distributed copies of a memo to the City, dated April 11, in which the Farmers Canal . Company had asked that seven issues be included in approval of this application; however, he does not feel they have been addressed. Mr. Mike Lilly stated that he viewed the entire parcel with Mr. Davis, and his concerns are well taken. He noted that ditches in some of the most recently developed subdivisions have been abused, and he feels that the Farmers Canal Company concerns are valid and should be taken into consideration. He stated that he has no objection to including the items Mr. Davis has forwarded in the conditions for approval of this subdivision, noting it is the developer's intention to treat the ditch in a way that will serve as a model for future developments. Senior Planner Skelton reminded the Commission that they had received the memo from the Farmers Canal Company in previous packet information. He then stated that, rather . than state each of these conditions in the resolution, they have been addressed by requiring that the "applicant provide documentation of review and written approval from the Farmers Canal Company, Soil Conservation Service and Montana Department of Fish, Wildlife and Parks for any realignment of the existing stream/ditch or tributary ditch on said property". 05-1 6-94 - 10- Responding to Commissioner Stueck, Mr. Davis stated the Farmers Canal Company does not want people to use this ditch for recreational purposes. He then stated that liability is a primary concern to the Company; and that is one of the reasons the seven issues have been raised. . Responding to Commissioner Youngman, Senior Planner Skelton stated the linear park is to be located along both the main ditch and the tributary ditch. He noted that the Farmers Canal Company must approve any relocation of the ditch; and if that approval is not obtained, the result may be some major redesigning of this proposed subdivision. He cautioned that if the redesign is significantly different from the current proposal, it would be subjected to the entire review process. Responding to the City Manager, Senior Planner Skelton stated that when ditches are involved in an application for development, the Farmers Canal Company is contacted. He then stated that for this particular application, no written response was received; however, he did meet with representatives from the Company. He noted that Condition No. 28 was written to accommodate their concerns. . Responding to Commissioner Frost, Senior Planner Skelton stated that reference to townhouses was included in Condition No. 15 to ensure that if townhouses are to be constructed, the necessary water and sewer services are stubbed to the property line so the streets aren't cut and patched. He then indicated that Mr. Lilly's proposed revision is acceptable. Further responding to Commissioner Frost, the Senior Planner stated that since the subject parcel does not lie in an overlay district, the issue of design is not addressed. Senior Planner Skelton reminded the Commission that the Planning Board's recommendation on this item is included in its resolution. He then noted that the memos he has forwarded are designed to provide alternative conditions for discussion purposes. He then . reviewed the requested revisions forwarded by Mr. Lilly. He noted it is anticipated that the City will accept the Main Mall water system; however, there is the potential that a different looping system may be necessary if it is not accepted. He then stated he has no problem with amending Condition No. 7 to reflect that the setback is from both sides of the stream; however, he feels it is important to retain the language pertaining to the trail system because any paved surface is considered a structure. 05-1 6-94 ------------- .. _..~~-_. - 11 - Responding to questions from Commissioner Frost, the City Manager indicated that the City may initiate a special improvement district; however, if more than 50 percent of the property owners protest, the district cannot be created. He stated that accumulating the waivers of right to protest the creation of a special improvement district helps to reduce the . potential that a district will receive sufficient protest to kill it. He then estimated that it will take approximately six months to create a special improvement district, which means that the improvements would not be installed until next summer. He indicated that until the boundaries of the district are known, the percentage of waivers in hand cannot be determined. He then cautioned that the County has indicated it is not willing to participate in a joint SID/RID for this project, although it might be possible to gain their participation through other means. Mr. Lilly noted the issue of improvements to West Babcock Street must be addressed; and the existing problems are not the result of any development on the subject property. He stated that with the different options for Condition No.8, the developer is being caught in the middle on this issue. He then indicated that he feels Condition No. 28 adequately addresses the Farmers Canal Company concerns, noting the developer's commitment to work with the . Company on issues pertaining to the canal as it traverses the site. Since there was no Commissioner objections, Mayor Vincent closed the public hearing. City Manager Wysocki suggested that special improvements districts were intended to provide a mechanism for installing improvements where there were a lot of improved properties along the improvement; and that is the case with West Babcock Street. At the Mayor's request, each of the Commissioners addressed the suggested revisions to the conditions. Commissioner Stueck stated he is willing to accept the revisions to Condition No. 15 as proposed by the applicant; and he is willing to accept Condition NO.7 with the revision to reference both sides of the stream. He then stated that on Condition No.8, he is concerned . about Commissioner Frost's request that the City have the money in hand for the improvements, particularly since that would be a change in policy. He then stated he is glad to hear the Supreme Court ruling has made SID's a viable option once again. He then stated support for allowing the water line to be looped to the Main Mall water system. 05-1 6-94 ...____..___u ___.....__.... -,,---- - 12 - Commissioner Frost stated concurrence with Commissioner Stueck on the proposed changes to the various conditions. He reminded the Commission that Condition No. 8A was proposed when it was thought that SID's may not be a viable option. Commissioner Frost then stated he feels that anyone who brings a proposal for . development that will impact West Babcock Street should be aware of the fact that if it is determined that an SID cannot be used to improve the street, he will be the first to vote "no" on the next project. He then asked staff to analyze the possibility of creating a special improvement district and provide that data to the Commission as soon as possible. He also expressed an interest in having staff review the Westgate Subdivision issue which was raised during the public hearing. City Manager Wysocki stated that in the Westgate Subdivision, someone from outside came in and recognized that the lots could be divided. The individual did so and constructed duplexes because there were no covenants prohibiting it. He stated that in this subdivision, that could not occur because of the covenant restrictions. Commissioner Youngman reiterated her interest in affordable housing, suggesting that . 900- to 1100-square-foot homes could be nicely interspersed among the 1200-square-foot homes. She recognized, however, that no requirement can be made. Commissioner Youngman then expressed concern about having homes built in this subdivision before West Babcock Street is improved. She stated that, except for that concern, she is comfortable with the conditions as outlined by Commissioner Stueck. Commissioner Stiff stated it appears the Commissioners agree on Condition Nos. 7, 1 5 and 24. He stated that he is tempted to set his feet on improvements to West Babcock Street; however, it does not seem to be the right time to do so. He then stated an interest in adding the language which the applicant has proposed to Condition No.9, pertaining to a temporary bicycle/pedestrian facility. He noted that as long as the developer is willing to contribute toward those costs, the City should accept it. . Mayor Vincent stated his concurrence with the comments which have been forwarded. He noted that the news of the Supreme Court ruling makes a tremendous difference. He then stated that Commissioner Frost makes a good point; and that impacts on infrastructure must be carefully considered in future review and decision-making processes. 05-1 6-94 __.._._.._ n____ --..------ -.--..-- ..~. ~- - _._u - 13 - There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the preliminary plat for Babcock Meadows Subdivision, as requested by . Anson H. Crutcher. Managing Partner of Babcock Place Partners, under Application No. P-9414. to allow subdividing of 27.2 acres located in the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 83 residential lots, subject to the following conditions: 1. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates and corrected certificates with the appropriate language, as referenced in the staff report; 2. That the applicant obtain Montana Department of Health and Environmental Sciences approval of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805, A.A.M.; 3. That a storm water master plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots must be . provided to and approved by the City Engineer prior to final plat approval. The master plan must depict the maximum sized detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport run-off to the storm water receiving channel. The plan shall include sufficient site grading and elevations information (particularly for the basin site), typical storm water detention basin and discharge structure details, basin sizing calculations, and storm water maintenance plan; 4. That the applicant provide the City Engineer with the necessary documentation to determine if an erosion/sediment control plan is required, that the Montana Department of Health and Environmental Sciences, Water Quality Bureau shall be contacted by the applicant, to determine if a storm water discharge permit is necessary as prescribed by the City Engineer, and that it be submitted for review and approval by the City Engineer prior to final plat approval; 5. That a looped water main shall be completed with Phase I of the . subdivision to facilitate a water main loop system, either from West Babcock Street or from the Main Mall. If said loop is extended from West Babcock Street water main via Donna Avenue, then the applicant shall also extend a water main to its south property line for future connection to the Main Mall water line; 6. Plans and specifications and a detailed design report for water and sewer main extensions, and the public street prepared by a professional engineer shall be provided to and approved by the 05-1 6-94 ._~-- .-...--..---.- .~---_. ...-- ... ._..,,_.__ _...~..r.__..~,_.'__.. _.. _ _._~ .- - 14 - City Engineer (water, sewer and streets) and the Montana Department of Health and Environmental Sciences (water and sewer), that the applicant provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings, and that construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted . by the City Engineer's Office. City standard residential boulevard sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any home constructed on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct said sidewalk for their lot(s), regardless of whether other improvements have been made on the lot. This condition shall be included on the plat and in the covenants for the subdivision. Handicap ramps shall be constructed at all street corners in accordance with current A.D.A. requirements. City standard boulevard sidewalks shall be placed along all parks and open space frontages within the subdivision and illustrated as such on the plans and specifications, and installed prior to final plat approval; 7. That the final plat identify and dimension the minimum thirty-five (35) foot stream setback from both sides of the intermittent stream ditch for any buildings or structures, exclusive of any trail . system, and that it be noted accordingly in the protective covenants prior to final plat approval; 8. That the applicant provide documentation of executed waivers, recorded and filed at the County Clerk and Recorder's Office, of right to protest creation of special improvements districts or participation in another funding mechanism subject to approval of the City Commission for 1) improvements to West Babcock Street to a full forty (40) foot wide City standard street for pavement, curb, gutter, storm drainage and sidewalks, and 2) signalization improvements at the intersection of West Babcock Street and West Main Street prior to final plat approval; 9. That the applicant provide on the final plat a forty-five (45) foot ~ dedicated public right-of-way for West Babcock Street along the frontage of said property. The applicant shall participate on a pro rata basis with other similarly situated persons on contributing twenty percent (20%) of the cost together with the City and County, which shall contribute eighty percent (80%) of the cost in constructing a pedestrian/bicycle path along West Babcock Street; . 10. That the water mains within the subdivision streets maintain a minimum of ten (10) feet from each side of the street right-of- way, and should the easements along the front of the lots be permitted the final plat shall define them as easements for "public and private utilities"; 11. That the applicant provide documentation of obtaining a temporary turnaround easement from the adjacent east property owner, filed and recorded at the County Clerk and Recorder's 05-1 6-94 -..-----. - - 15 - Office, to locate and construct a temporary cul-de-sac at the end of Donna Avenue for review and approval by the Planning Office prior to final plat approval; 12. That the applicant provide documentation of full payment for his share of the payback to Mr. and Mrs. Harry Daum for construction of the University Trunk Sewer Line prior to connection to the City sewer main; . 13. That the applicant develop Donna Avenue as a secondary gravel access road, twenty-four (24) feet wide, with the filing of Phase I of the preliminary subdivision plat, that the Improvements Agreement for Phase I require the developer to supply the City of Bozeman with an acceptable method of security approved by the City Attorney, equal to one hundred fifty (150) percent the cost of paving Donna Avenue by the applicant to a thirty-three (33) foot wide paved street, with no curb, gutter or sidewalks, within two (2) years from the date of filing the subdivision plat for Phase I. Should Phase II of the preliminary subdivision plat be filed at any time within two (2) years of filing Phase I, Donna Avenue shall be improved to a full City standard street with curb, gutter, sidewalks, sewer and water; 14. That the final plat contain the following notation regarding high groundwater on the property, in bold, uppercase letters, a minimum of 3/16 inch high: "Due to the relatively high groundwater table within areas of the subdivision, it is not . recommended that residences with full basements be constructed. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three feet below the top of the curb of the street from which it is served"; 15. That the applicant extend the 10-inch sanitary sewer main in West Babcock Street to the west end of the subject property, that it be noted on the plans and specifications submitted to the City Engineer for the extension of sewer and water mains; 16. That all infrastructure improvements shall be completed or financially guaranteed as part of an Improvements Agreement with the City of Bozeman prior to final plat approval, and that pursuant to City Code, no building permits may be issued until the improvements have been completed, inspected and accepted by the City Engineer's Office; 17. That the final plat graphically delineate and identify twelve (12) . foot wide public utility easements along the front yard lines for installation of new underground utilities, that the utilities be installed in the last inside five (5) feet of the easements, that it be reviewed and approved by the City Engineer prior to final plat approval, and that the applicant be granted a variance to Sections 16.12.050.B.1. and 16.12.050.B.2. of the Bozeman Municipal Code; 18. That the park land be dedicated to the public on the final plat, that if storm water detention/retention ponds are located within the dedicated park land area, they shall be in addition to the required 05-1 6-94 ~ ---..---. ..-- - 16 - minimum one-ninth park land dedication (2.0 acres), and designed to be conducive to the use of the park land, and the design shall be approved by the City Engineer and Park Superintendent prior to final plat approval. All building material, fence post and wire, unused head gates, metal and other debris shall be removed from the park land, detention/retention ponds and West Babcock Street right-of-way, . and any park land that is disturbed during construction shall be repaired and reseeded prior to final plat approval. All park land boundaries shall be marked and delineated to the satisfaction of the Park Superintendent, prior to final plat approval. The existing barb wire fences on along the east, south and west boundaries of the subdivision must be removed and replaced with a fencing material acceptable to the Planning Office (not barb wire) prior to final plat approval; 19. That the applicant request that the Bozeman City Commission and Park Superintendent institute a Parks Maintenance District for the proposed development prior to final plat approval, and should the City Commission elect not to form the District at this time, then the property owner shall provide and file with the County Clerk and Recorder's Office an executed waiver of right to protest the creation of a Park Maintenance District; 20. That the actual number of residential single family lots proposed on the subdivision plat is eighty-three (83) lots, that Lot No. 15 be identified on the final plat, that Lot No.1 and Lot NO.7 provide the minimum lot width of fifty (50) feet, that Lot Nos. 12, 13, 49, 67, 69 and 70 are found to be consistent with the minimum lot . width for single family dwellings provided that the minimum fifty (50) foot wide frontage exists at the building setback line, that the building setbacks be noted accordingly on the final plat, and that the following variance to the zone code be granted: From Section 18.50.070.A - That a six (6) foot high fence, instead of the maximum four (4) foot high fence in a front yard, be allowed to be constructed behind the twelve (12) foot wide utility easement fronting Donna Avenue for Lot Nos. 65 and 66 and that landscaping be established on the street side of the fence to aid in screening Lot Nos. 65 and 66, that the house and garage for said lots shall front onto Connie Court, and that all of the above be noted accordingly in the homeowner's restrictive covenants; 21. That the applicant provide written documentation by the County Weed Control Officer approving a Weed Control Plan for the subdivision, that it be included in the protective covenants and restrictions, and that a signed copy of the Weed Control Plan be submitted to the Planning Office prior to final plat approval; e 22. That the protective covenants and restrictions shall be amended per the comments contained in the staff report, and that covenants shall be submitted to the Planning Office for review and approval prior to final plat approval; 23. That a one (1) foot "No Access" strip be placed on the final plat restricting access to West Babcock Street from Lot No. 39, and restricting access to Donna Avenue from Lot Nos. 65 and 66, that the single-family dwelling and residence for Lots Nos. 65 and 66 front onto Connie Court, and that the above restrictions be noted 05-1 6-94 --- -.--... ---.-. .-. - 17 - accordingly in the homeowner's association covenants and restrictions prior to final plat approval; 24. That the applicant provide on the final plat a ten (10) foot wide public access easement across the designated open space park in the vicinity of Lot Nos. 31, 32 and 33, and in the vicinity of Lot Nos. 52, 53 and 54 for public access to the linear park land prior to final plat approval; . 25. That approval of the final plat be contingent on completion of the formal documents by the City of Bozeman for annexation, master plan amendment and zone map amendment for said property; 26. That a deed restriction be place directly on the final plat which limits the land use of the residential subdivision to single-family dwelling units and that it noted accordingly in the homeowner's association covenants and restrictions for review and approval by the Planning Office; 27. That the Bozeman City Commission be made party to any revisions, mod ifications and/or additions to the protective covenants for the homeowner's association as it relates to development of the proposed single-family dwelling units; 28. That the applicant provide documentation of review and written approval from the Farmers Canal Company, Soil Conservation Service and Montana Department of Fish, Wildlife and Parks for any realignment of the existing stream/ditch and or tributary ditch on said property prior to final site plan approval; . 29. That the applicant provide a thirty (30) foot wide emergency access easement for emergency access to the subject property from the Main Mall, that the final location of said easement be reviewed and approved by the Main Mall, City Engineer, Fire Department and Planning Office, that the location be noted accordingly on the final plat, that a twelve (12) foot wide "grasscrete" surface be installed by the applicant that would withstand the load of emergency vehicle equipment for review and approval by the Fire Department prior to final plat approval, and that the emergency access easement may be considered for elimination at such time that another emergency access from the Main Mall is obtained and is agreed upon by the City of Bozeman, Main Mall and Fire Department; and 30. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. . 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. City Attorney Luwe stated that the Findings of Fact will be submitted for Commission action in the next week or two. 05-1 6-94 --- - 18 - Decision - reauest for Dermission to extend City sewer service to Fort Ellis leisure Community - Planned DeveloDment. Inc. (Bozeman Trail Road/Canarv lane) Included in the Commissioners' packets was a memo from Director of Public Service Phill Forbes, dated May 6, for consideration in the decision-making process on this request for permission to extend City sewer service outside city limits to Fort Ellis leisure Community. . Director of Public Service Forbes reviewed the contents of his memo. He noted that one of the points of discussion is the developer's proposal to establish an escrow account in the estimated amount of anticipated impact fees for sewer service. He stated that the Brown & Caldwell study from 1983 contains the most current information in impact fees for Bozeman's sewer system. He stated that when the figures contained in that report are adjusted to reflect 1994 dollars, the recommended impact fee for sewer would be $450 per single-family dwelling unit. He noted that his recommendation to the Commission, if they decide to approve this request, is to base the escrow account on that $450 figure and to provide a sunset provision so that if the City does not have impact fees in place within two years, the escrow monies will be returned to the developer. The Director of Public Service stated he feels this is not a timely request; however, . he recognized that the decision rests with the Commission. He then asked for a Commission indication of whether they wish to require an escrow account for future impact fees, since that will influence staff recommendations for future subdivisions inside and outside the city limits. He stated that if the Commission approves this request, in his opinion, that would represent a change in policy. The Director then stated that if the Commission approves this request at the conceptual level today, a host of details will need to be addressed before a formal proposal can be forwarded to the Commission for action. Commissioner Youngman asked if properties located inside city limits can be treated differently than properties outside city limits, to accommodate the disproportionate impact on . the system. City Attorney Luwe stated that all subdivisions must be treated the same; however, he suggested that the escrow fee could be addressed during the annexation process. He then stated this request represents a unique situation since it is located an extended distance from the current city limits. He noted that until the subdivision regulations are changed, he does not 05-1 6-94 --- - - ~~- - .-- ----- .--~- - -. .--- ~._..._._----- - 19 - believe an impact fee can be required. He cautioned that it is difficult enough to defend impact fees, let alone requiring an escrow account before impact fees are in place. He further cautioned that the imposition of impact fees must be uniform. Commissioner Frost stated that, typically, he does not think City services should be . offered without annexation. He noted, however, he feels this is a unique situation in which provision of City services may be beneficial. He then asked that staff review the policy to see if it can be rewritten so that the same stringent conditions attached to this development could be imposed on other developments, so that the Commission could ensure that environmental issues are mitigated. Director of Public Service Forbes noted that one of the items which was promoted as a big plus for this request was the fact that the infrastructure would be extended at no cost to the City. He then reminded the Commission that is a requirement for all subdivisions wishing to utilize City services. He noted the mains are to be extended at the developer's cost; and after the project is completed in a satisfactory manner, the City accepts ownership and maintenance of those lines. He then suggested that one of the issues the Commission should . consider is what the ultimate size of Bozeman should be, so that concept can be used as the basis for updating of the facilities plan. Commissioner Stueck suggested that if the Fort Ellis leisure Community is allowed to connect to the City sewer, the number of units to be connected should be identified. He stated that information could be beneficial as staff tries to determine when an upgrade to the plant is needed. Director of Public Service Forbes concurred. He then stated that the facilities plan, which is in process, is being developed on the basis of the defined service area. Commissioner Stiff stated that if the Commission expands the circle in which sewer service is provided, as requested, a substantial amount of land is included; and he cannot accept the precedent that would create. He also stated concern about the impact fee issue. . Commissioner Frost stated concurrence with Commissioner Stiff' comments, stating that while the proposal is appealing, approval would represent a substantial departure from established policy and create a precedent for consideration of other proposals within the service area. He stated that this proposal seems to be unique; however, the next ones won't be if this 05-1 6-94 ~ - 20 - application is approved and the precedent is set. He then stated his intent to stick with established policy. City Manager Wysocki suggested it may be more appropriate to extend sewer services into an area which has higher groundwater. He reminded the Commission that the subject area . is relatively dry, when considering groundwater conditions. Commissioner Youngman asked that, even if the Commission does not approve this request, the staff still address the questions and issues that have been raised. Commissioner Frost emphasized the importance of making a decision in compliance with policy. He stated that if the Commission begins to make decisions on a case-by-case basis, policy loses its value. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission not give conceptual approval to this request for permission to tie onto City sewer for Fort Ellis Leisure Community, as requested by Planned Development, Inc. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No being . Commissioner Stueck. Continued creliminarv clat review - Mathew Bird Creek Subdivision - Garv L. Voiat for Gene Graf - subdivide 26.918 acres into 68 sinale-familv residential lots. parkland and public streets- SW%. Section 19. T2S. R6E. MPM (south of SDring Meadows Subdivision) (P-9413) This was the time and place set for the review of the preliminary plat for Mathew Bird Creek Subdivision, as requested by Gary L. Voigt for Gene Graf, under Application No. P-9413, to allow subdividing of 26.918 acres located in the southwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, into 68 single-family residential lots, parkland and public streets. The subject parcel is more commonly located south of Spring Meadows Subdivision, at the south end of Graf Street. . Assistant Planning Director Debbie Arkell presented the staff report. She stated the subject parcel is located in Graf's Fourth Addition, which was annexed in 1972 and zoned R-2, Residential--Single-family, Low-density. She stated that this subject 26.918-acre tract is a portion of the 97.693 acres which comprise Graf's Fourth addition; and a minor subdivision of the Graf's Fourth Subdivision has been submitted, along with a conceptual master plan for the entire 97 + acres. She stated that in conjunction with the subdivision being considered at this 05-1 6-94 --- - - - .-.-- - 21 - time, 4 acres of parkland are to be dedicated; and 5 acres will be dedicated for street rights-of- way. The Assistant Planning Director stated that the Mathew Bird Creek Subdivision is to be located on Lot 3 of the proposed minor subdivision of Graf's Fourth Addition. She noted . that in conjunction with this subdivision, Graf Street is to be extended to the southern boundary of Graf's Fourth Addition, which is also the north boundary line of the Hannah property, for which the Commission recently approved annexation. The Assistant Planning Director stated that a recorded emergency access easement extends from the subject property to Sourdough Road. The applicant proposes to use that emergency access rather than providing a paved secondary access, as required in the subdivision regulations. She noted that the conceptual master plan shows where parks are proposed, as well as a linear trail. Pods of development are proposed, at a density of six units per acre, which will allow protection of the wet areas and the portions of the site which are covered with dense stands of trees. Assistant Planning Director Arkell stated the applicant proposes to develop this . subdivision in two phases, with Phase I containing 32 lots, dedicated parkland and linear trails; and Phase II containing the remaining 36 lots and the streets. The Assistant Planning Director stated that the Planning Board reviewed this application at their regular meeting of May 3. At that time, one member of the public spoke, expressing the intent of the property owners to the east that the emergency access easement is to remain as an emergency access only, and not as a secondary access that is to be used for daily traffic. She noted that three letters were submitted, expressing concern regarding density, the status of the emergency access to the east, traffic impacts on South Third Avenue and Graf Street, and the potential of pollution from wood stoves. Assistant Planning Director Arkell stated that the Planning Board reviewed this application in light of the five criteria set forth in the Montana Code Annotated, taking into . consideration staff comments contained in the written staff report. She then highlighted those findings in the staff report. She stated that this proposed subdivision will remove 26 + acres from productive agricultural use. She reminded the Commission, however, that this subject property has been annexed for over twenty years and is zoned for single-family residential development. She stated that the Police and Fire Departments have indicated that response 05-1 6-94 - 22 - times are approximately eight to ten minutes. City water and sewer services can be provided to the property; and the postal service has indicated no problem with serving the site. She cautioned that effects on the Bozeman School District should be considered as well, since all subdivisions add a burden to that system. . The Assistant Planning Director stated that a corner of the subject property is located in the flood plain; and no lots are proposed in that area. She also noted there are some identified wetlands; and those areas will be protected through reviews by the Army Corps of Engineers and the Soil Conservation Service. No effects on wildlife or their habitat have been identified by the Montana Department of Fish, Wildlife and Parks, since the linear trail and streambank setbacks will provide protection for small animals and birds. The Assistant Planning Director stated that this subdivision will increase the volume of traffic on South Third Avenue. She noted, however, that improvements to the transportation system in this area have been scheduled for this area, including improvements to the Willson/Kagy/Third intersection and to South Third Avenue from Kagy Boulevard to Graf Street. She cautioned that the issue of secondary access versus emergency access must also . be carefully considered. She noted that primary access is to be via South Third Avenue and Graf Street. Emergency accesses are also available through the emergency access easement to Sourdough Road, to the south when the Hannah property is developed, and to the north through Spring Meadows Drive and the emergency access to Fairway Drive and Kagy Boulevard. In addition to those emergency accesses, a paved secondary access should also be required to ensure no detrimental effects to the public health and safety occur. Assistant Planning Director Debbie Arkell stated that, after reviewing the five criteria and taking into consideration the comments received, the City-County Planning Board voted to recommend approval, subject to seventeen conditions. She characterized those conditions as standard conditions for subdivisions, generally pertaining to infrastructure improvements. . The Assistant Planning Director stated that twice during the public hearing before the City-County Planning Board, it was noted that additional public testimony would not be taken by the City Commission; and that statement was also included at the end of the written staff report. Responding to Commissioner Stiff, the Assistant Planning Director pointed out that Sourdough Trail is to the east ofthe subject property, on Gene Graf's property. She noted that 05-1 6-94 --..- -- ~ - 23 - a linear trail is proposed along Mathew Bird Creek and a 30-foot-wide trail is proposed along the north boundary of this parcel. She stated that with the development of the Hannah property, it is hoped that the trail can be extended southward. She also noted that the linear trail will be a portion of the park dedication requirements. . Further responding to questions from Commissioner Stiff, the Assistant Planning Director reminded the Commission that Mr. Gary Voigt is the applicant for this subdivision; and improvements involving Mr. Graf's property would be inappropriate. She then stated that, given the conceptual master plan for the entire 97 + acres which has been submitted, she is confident that the desired trail links will be provided as the area develops. Responding to questions from Commissioner Frost, the Assistant Planning Director reminded the Commission that the conceptual master plan for the remaining two tracts is a guide to the development of those tracts. She stated that, while the street locations on those two tracts may not be exactly accurate, the location of the parkland will probably not change substantially. Commissioner Frost noted the confusion that can be created by changing the names . of streets, i.e., Durston Road/Peach Street and South Third Avenue/Graf Street. He then suggested that care be taken when naming the streets within this subdivision to avoid confusion. Commissioner Frost noted that a portion of the subject site is located in the 500-year flood plain. He then asked about the location of the trees which line the creek. He expressed concern that those trees may extend quite a distance into the back yards of some of the lots; and he feels it is critical to protect those trees if at all possible. Assistant Planning Director Arkell stated she does not recall seeing any mature trees that would be located an extended distance into the building lots. Commissioner Frost then expressed concern that the proposed alignment of the trail is located in some dense tree stands; and development of a trail in that location would result . in cutting down several trees and some shrubbery, thus impacting the habitat for small animals and birds. He suggested that a condition be added which would mitigate that impact, possibly through requiring a curvilinear trail which skirts around those natural obstacles. He also suggested that this item should be referred to the Recreation and Parks Advisory Board for review and recommendation. 05-1 6-94 .._..,"~_,_m. ...- - 24- Assistant Planning Director Arkell reminded the Commission that the dedicated parkland is designated as unimproved at this time. She then stated that the existing fence line is generally not located in the trees. Commissioner Frost reiterated the importance of not losing any trees because of this . development. Responding to additional questions from Commissioner Frost, Assistant Planning Director Arkell stated that the waivers of right to protest the creation of special improvement districts were recommended by the applicant's traffic engineer. She stated that after review of the list of waivers, the Director of Public Service stated he felt that they would adequately mitigate impacts from this proposed subdivision. Commissioner Frost stated he does not want to see South Willson Avenue widened and improved, suggesting that careful consideration should be given to other accesses to the downtown area from developments along the south edge of town. Mr. Mike Money, realtor and planning consultant representing the applicant, stated he has two primary concerns about the recommended conditions for approval as forwarded by . the City-County Planning Board. He stated concern about the proposed requirement to install sidewalk along Graf Street from South Third Avenue to Colter Avenue. Mr. Money noted that some confusion about the ownership of this property has been noted. He stated that Mr. Gary Voigt is the applicant; and he is not working in partnership with Mr. Gene Graf. Mr. Money stated the applicant is extremely concerned about the secondary access issue. He noted that the applicant has negotiated with Mr. Gene Graf to purchase property for a secondary access; and with permission from Mr. Carter Williams and Mr. Don Hannah, a secondary access could be provided to the south. He stated, however, this would be extremely expensive. Instead, the applicant wishes to utilize the emergency access to the east as well as the emergency access to the north, both of which currently exist, until more development . occurs in this area. Mr. Mike Money reminded the Commission of the history of the subject property, which was annexed in 1972 and zoned for single-family residential development. At that time, neither Westridge Meadows nor Spring Meadows existed. When Westridge Meadows was developed, there was substantial discussion about whether Fairway Drive should be a public 05-1 6-94 - 25 - street or a private street; and it was determined that the street should be private, with a public access easement. Mr. Money stated that Graf Street is designed and constructed as a collector street; and in this subdivision, access onto that street from private lots would be restricted. He noted . that five lots on Graf Street between South Third Avenue and Colter Avenue do have direct access onto the street, but no direct access is provided east and south of Colter. He then stated that with the access from a collector street and the emergency access which exist, he does not believe that a secondary access is needed. Mr. Money stated that under the subdivision regulations, any subdivision which has over six lots must provide a secondary or emergency access. He emphasized the fact that with the current street configuration, in case of emergency, there are three different exits from the proposed subdivision. He stated that with the fact that Graf Street is a collector street, the traffic from this subdivision would not be great enough to require a secondary access for daily use. Mr. Money stated his appreciation for Commissioner Frost's concerns about the . treeline. He then stated that neither the trail nor the building lots are proposed to encroach into that treeline, thus minimizing impacts on wildlife and their habitat. He noted that the one-ninth parkland dedication has been met in this subdivision. Mr. Rick Gustine, Survco, engineering consultant, stated that the trail is to be generally located in the existing field. Mr. Money noted that he had submitted a letter to the Commission, dated May 13, which provides additional information. He stated that letter had been submitted so that he could keep his comments brief during this review process. Mr. Joby Sabol, attorney representing the applicant, stated that no adverse public comment has been received regarding this application. He noted the only individual from the public who provided comment before the Planning Board was Mr. Jim Goetz, attorney . representing the property owner to the east, emphasizing the fact that the dedicated access to Sourdough Road is for emergency purposes only, and not to be used on a daily basis. He stated that a secondary access above and beyond emergency access levels is not needed for this subdivision. He then encouraged Commission approval of this preliminary plat. 05-1 6-94 - 26 - Responding to Commissioner Stueck, Mr. Money stated that utility easement often follow road corridors. He then indicated that two roads will terminate at the southern boundary; and utilities will be extended along those roadways. He stated that any southward extension of those utilities would be addressed during the subdivision process for Mr. Hannah's . property. Planning Director Epple stated that, since it appears the Hannah property will be annexed, there should be provision in approval of this subdivision for extension of utilities to the southern property line along the Graf Street right-of-way. He stated this should be required even if a secondary access is not. Commissioner Stueck stated he views this application as Phase I of a three-phase development. He then asked if a condition of approval could be that secondary access be provided with any further phased development of the entire site. Planning Director Epple responded that such a condition could be placed on the minor subdivision which accompanies this subdivision. He noted that before the final plat for this subdivision can be recorded, the minor subdivision plat will need to be recorded. . Mr. Money stated that both Mr. Voigt and Mr. Graf have indicated they recognize that any additional development beyond this proposal will trigger the need for a secondary access. Mayor Vincent requested that this item be placed on next week's agenda for a decision. He then asked the Commissioners to submit any questions they have to staff by Wednesday, to provide staff an opportunity to respond. Recess - 6: 15 c.m. Mayor Vincent declared a recess at 6: 15 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 D.m. . Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. 05-1 6-94 ---..-- ___n._.. __ - 27 - Public hearina - Zone Code Amendments - amending. modifYing or reDealing certain Dortions of ChaDters 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 zone code to SimDly. clarify and eXDedite deyeloDment review Drocedures. standards. and criteria (Z-9445) This was the time and place set for the public hearing on the Zone Code Amendments, under Application No. Z-9455, which amend, modify or repeal certain 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 zone code to simply, clarify and expedite development review procedures, standards and criteria. City Manager Wysocki stated the City-County Planning Board has not completed its public hearing on this application, and recommended that the Commission open and continue this public hearing until a recommendation is received from the Planning Board. Mayor Vincent opened and continued the public hearing until a recommendation is received from the City-County Planning Board. Public hearina - Zone Map Amendment - R-S to R-4 - Elden Chana for Yelew Builders - Tract A. COS No. 573. located in Section 13. T2S. R5E. MPM (1800 West Kaay Boulevard) (Z- . 9422) This was the time and place set for the public hearing on the Zone Map Amendment requested by Elden Chang for Yelew Builders, under Application No. Z-9422, from R-S, Residential--Suburban Country Estates, to R-4, ResidentialnHigh-density, on Tract A, Certificate of Survey No. 573, located in Section 13, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly known as 1800 West Kagy Boulevard. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated the subject property is located approximately one block east of the intersection of Kagy Boulevard and South 19th Avenue. He noted the applicant has also submitted a request for annexation of this 3.557-acre parcel; and that application is now in process. Surrounding land uses include multi- . family residential to the north; single-family at a suburban density and agricultural uses to the south; single-family to the east; and multi-family residential to the west. The Senior Planner stated that the City-County Planning Board conducted its public hearing on this application at its May 3 meeting. He stated that review included consideration of the twelve criteria set forth in the Montana Code Annotated, based in part on the written 05-1 6-94 ---.-".- - 28 - findings contained in the staff report. He noted that a petition of opposition was submitted at that public hearing. To date, he has not had an opportunity to review the signatures to determine if it contains 20-percent of the adjacent property owners. H e cautioned the Commission that if it does, at least 3/4 of the Commissioners must vote for approval of this . requested zone map amendment to pass the motion Senior Planner Skelton stated that the Planning Board recognized that this parcel serves as a buffer between existing single-family and high-density multi-family development. Based on the existing development of the surrounding area, the Planning Board determined that the requested R-4 zoning does not comply with the twelve criteria set forth in the Montana Code Annotated; however, an R-3a zoning would. He stated this recommended zoning would allow for development of single-family residences and duplexes. The Senior Planner stated that, based on its determinations, the Planning Board has forwarded Resolution No. Z-9422, recommending approval of rezoning from R-S to R-3a for the subject 3.557-acre parcel rather than the requested R-4 zoning. He then requested that when the Commission takes action on this application, the rezoning be made contingent upon . annexation. Mr. Joby Sabol, attorney representing the applicant, provided a brief history of the subject parcel. He noted that in the mid-1970's, an unsuccessful attempt was made to rezone the subject parcel from R-S to R-4. A new application was then submitted to rezone the subject parcel from R-S to R-3; and that application was approved by the Commission. That decision was challenged by the neighbors; and then District Court Judge Lessley rescinded the Commission's decision on the basis of procedural deficiencies because the twelve points contained in the State statutes were not individually examined. Mr. Sabol noted that since the mid-1970's, the surrounding area has undergone substantial development; and its character has changed substantially. He stated that the zone map amendment under consideration at this time has been appropriately reviewed, with each . of the 12 criteria being carefully considered; and the proposed rezoning is in compliance with the master plan land use designation of urban residential infill. Mr. Sabol noted that at the Planning Board, the main concerns raised by residents in the area was the height of buildings allowed in the R-4 zoning district and the use of high- density development on property which actually serves as a buffer between high-density and 05-1 6-94 -------. .----- - 29 - low-density residential development. He stated that the R-3a zoning designation forwarded by the Planning Board addresses those concerns. He then stated this recommended zoning is acceptable to the applicant and encouraged Commission approval. Ms. Mary Price, 1615 Alder Court, stated the neighbors are willing to accept the . recommended rezoning to R-3a, noting that will provide a buffer zone. She then cautioned that one of the residents along Kagy Boulevard has an easement for a drainfield on this subject property; therefore, the amount of land available for development may not be as large as anticipated. Responding to questions from City Manager Wysocki, City Attorney Luwe stated that the petition submitted by the residents of the immediate area is in opposition to the requested R-4 zoning. He then suggested that if the Commission wishes to take action during this meeting, the Commissioners should assume that the petition is valid and in opposition to both R-4 and R-3a and that a 3/4 majority is needed for approval of rezoning to R-3a. Responding to Mayor Vincent, Senior Planner Skelton stated the difference between R-4 and R-3a is that R-4 allows apartments and multi-family structures at a height not to . exceed 38 feet, while R-3a allows single-family residences and duplexes at a height not to exceed 24 feet. He stated that in either zoning district, a maximum of 40 percent of the property can be covered by principle and accessory buildings. No one was present to speak in opposition to the recommended zone map amendment. Since there was no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Zone Map Amendment from R-S, Residential--Suburban Country . Estates, to R-3a, Residential--Two-family, Medium-density, on Tract A, Certificate of Survey No. 573, located in Section 13, Township 2 South, Range 5 East, Montana Principal Meridian, contingent upon completion of the annexation process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. 05-1 6-94 ..-....-.. .--. --. ,.- .~,~~. - 30 - Public hearing - Commission Resolution No. 2968 - intent to annex 1.51-acre tract known as Tract A. shown as the Ferauson and Bacon Tract on COS No. J-92-A. located in the SE~. Section 10. T2S. R5E. MPM (Southwest corner of Babcock and Fowler) This was the time and place set for the public hearing on Commission Resolution No. 2968, as approved by the City Attorney so entitled: . COMMISSION RESOLUTION NO. 2968 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. Planning Director Epple introduced Assistant Planner Lanette Windemaker to the Commission, stating she has been hired as a result of Dave Grigsby's resignation; and has taken over some of his projects. He stated that she has fourteen years of planning experience. Assistant Planner Lanette Windemaker presented the staff report. She stated that this application is for annexation of a 1. 51-acre parcel known as Tract A, shown as the Ferguson . and Bacon Tract on cas No. J-92-A, located in the southeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at the southwest corner of the future intersection of Fowler Avenue and West Babcock Street. The Assistant Planner stated that a single-family residence and two garages currently exist on this property. The applicant has acquired it to gain the right-of-way needed to extend Fowler Avenue to a recently-approved subdivision to the south; and additional right-of-way for widening of West Babcock Street is also to be dedicated. She then reviewed the surrounding land uses, noting that to the east is undeveloped County land, to the west is a vacant school site; to the north and further west is Valley Unit Subdivision, and to the south is vacant land which has recently been approved for development as an 86-lot residential subdivision. She . noted that the subject parcel is bounded by city limits on three sides. In exchange for the street right-of-way dedications, the applicant is asking that six large caliper trees be included in a special improvement district for improvements to West Babcock Street and that the City extend water and sewer services to the existing residence at no cost to the applicant. 05-1 6-94 - - 31 - Assistant Planner Windemaker stated that this request for annexation has been submitted to the various City departments; and those responses are contained in the written staff report. She stated that the subject property is currently located in County Zoning District No.1. Because of the soft edge of the master plan land use designations, this parcel can be . considered as being designated tor urban residential intill. The Assistant Planner noted that staff has reviewed this application in light of the eight goals and twelve criteria set forth in Commission Resolution No. 2716; and those findings are also contained in the staff report. She briefly summarized those findings, noting that this application is in general compliance, and is not in conflict, with a majority of the goals and policies. She then forwarded staff's recommendation that the following items be addressed in the Annexation Agreement: 1. Applicant shall provide executed waivers of right to protest creation of SID's for the following: a. Street improvements to West Babcock Street, including paving, curb/gutter, sidewalk and storm drainage; and b. Street improvements to Fowler Avenue, including paving, curb/gutter, sidewalk and storm drainage; . 2. In addition to the 50-foot Fowler Avenue right-of-way dedication, the applicant shall also dedicate the necessary right-of-way (45 feet to centerline) for West Babcock Street along the frontage of the property. The applicant shall be responsible for all dedication costs, including survey and platting costs; 3. City sewer main shall be made accessible to the subject property (associated with the completion of required infrastructure associated with any future construction of West Babcock Street construction under SID No. 658). Service stubs from the sewer main and the existing water main shall also be extended to the property by the City at that time. Within 90 days of the availability of sewer and water service, the applicant shall connect to City sewer and water. The cost of the entire service line connections (including reimbursement to the City for the cost of the stubs from the main to the property line) and abandonment of the existing private septic system in accordance with County Health Department requirements shall be borne solely by the applicant. Applications for water and sewer service shall be completed by the applicant. The existing septic tank on the property shall be pumped and either filled or removed . within 30 days of hookup to the City sewer main. Written verification that the tank has been either removed or filled must be presented to the City-County Planning Department by a member of the City Water/Sewer Department, County Environmental Health Officer, City Engineering Office or a licensed plumber; 4. The applicant shall file a deed restriction with the plat that prohibits townhouses on the parcel unless the proper number of sewer and water service stubs have been extended to the 05-1 6-94 ---.- - ---- -....,-. .. - 32 - property prior to road improvements on West Babcock Street and Fowler Avenue; 5. An appropriate urban zone map designation must be applied for and approved in accordance with applicable law. Said approval need not be prior to the Annexation Agreement; 6. Water rights or cash-in-lieu in an amount determined by the . Director of Public Service shall be provided at the time the Annexation Agreement is signed; and 7. The applicant shall provide a mylar record annexation map which meets the requirements of the Director of Public Service. No one was present to speak in opposition to the requested annexation. Mayor Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission direct staff to bring back a resolution of annexation upon execution of an Annexation Agreement which addresses Item Nos. 1 through 7 as listed above. 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. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviation from Section 18.50.060 of the Bozeman MuniciDal Code. to allow covered Dorch to encroach 10 feet into required front and 9~ feet into 10-foot corner side yard setback for architectural features - Brian Wagner . 702 North Tracv Avenue: Der DRB recommendations (Z-9444) Deviations from Section 18.16.050 of the Bozeman MuniciDal Code. to allow new garage to encroach 5 feet into reauired 8-foot side yard setback and 23 feet into 25-foot front yard setback - Brad and Virginia Stratton . 915 South Third Avenue: Der DRB recommendations (Z-944 7) Deviations from Sections 18.50.060.F.1.. 18.50.060 and 18.50.070.A.. Bozeman MuniciDal Code. to allow aaraae to encroach 5 feet into 10-foot rear yard setback for accessory structure. and 10 feet . into 15-foot corner side yard setback: and allow cedar fence to exceed 4-foot height bv 2 feet in front and corner side yard - Bob and Kimberlv Schlenker. 402 West Dickerson Street: per DRB recommendations (Z-9446) Deviation from Section 18.50.060 ofthe Bozeman MuniciDal Code. to allow covered Dorch to encroach 1 0 feet into reauired 20-foot front yard setback for architectural features - On Site Management. Inc.. 417 West Mendenhall Street: Der DRB recommendations (Z-9449) 05-16-94 ___..... _._.. n. __ - 33 - Authorize Citv Manager to sign acceDtance - ( 1) Water Pioeline Easement and Aareement and (2) Waiver of Riaht to Protest Creation of Soecial Imorovement Districts for Construction of Water Main Imorovements - David and Yvonne Jarrett - Lots 1. 2. 5 . 6. and 7. Tai Lane Addition It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the . Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Reauest for oermission to tie onto City sewer - Matthew G. Merrill. 2111 Sourdough Road; aooroval subiect to five conditions set forth in staff memo dated May 5. 1994 City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items for discussion. He then noted that a memo from City Engineer Craig Brawner, dated May 16, 1994, was distributed to the Commission just prior to the meeting. In that memo, the City Engineer has recommended that the conditions for approval of this application be revised to require that the property be annexed in conjunction . with approval of this application, rather than accepting a Waiver of Right to Protest Annexation. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the request submitted by Mr. Matthew G. Merrill, 2111 Sourdough Road, for permission to tie onto City sewer, subject to the following conditions: 1. The subject property, being currently contiguous to the city limits, shall be annexed to the City of Bozeman in order to receive City sewer service. In that the property's existing on-site sewer system is currently failing, upon providing an executed City standard form Waiver of Right to Protest Annexation and a completed City of Bozeman Application for Annexation with required fee, the property shall be allowed to make connection to City sewer concurrent with the property annexation; 2. The applicant shall make application for Sewer and Water Service at the City Engineering Department; . 3. Construction of service lines shall be in compliance with current City standards, with all associated construction and connection charges borne by the applicant. Since it is necessary to pump the sewage to the main, the system must be reviewed by Engineering and the Sewer Department prior to connection; and 4. The approval for connection is for only one single-family residential equivalent. Sewer service for any further development of the property is not implied but shall be reviewed under the City's subdivision review code. 05-1 6-94 _._...~.._- -~.............--.-- ----,.-~._..~-~_.- .-..-.--- -.-- - 34 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from the City-County Health Board, dated May 10, as submitted by Linda Belflower. (2) Copy of an article from the May issue of Planning magazine entitled How to Create a Subdivision with Character, as written by Randall Arendt. In that article, Mr. Arendt addresses the use of cul-de-sac streets, a practice which he discourages. (3) Letter from John Rompel, 509 South 12th Avenue, dated April29, regarding parking on the MSU campus. (4) Copy of a letter from the Montana Department of Transportation forwarding . the allocation of gas tax revenues for Fiscal Year 1995. (5) Copy of a letter from Bob Lashaway, Director of Facilities Services at MSU, to Director of Public Service Phill Forbes, dated May 10, regarding closure of Grant Street from 6th to 7th Avenues from May 16 through October 1, 1994, for construction of the new engineering building as well as closure of the intersection of 7th Avenue and Grant Street from May 16 through August 8. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 17, at the Carnegie Building. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 17, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on . Tuesday, May 17, at the Courthouse, along with daily minutes for the week of May 2, 1994. (9) The City Manager submitted his weekly report, as follows. (1) Announced that quarterly sampling and testing was done at the Bozeman Solvent Site this past week. (2) Met with one of the property owners involved in the proposed SID No. 659 last week; and, hopefully, staff will be able to meet with the other property owner next week. (3) Reviewed 05-1 6-94 - 35 - the proposed lease for the Law and Justice Center with the County Commission. (4) Crews finished removal of the tracks along the linear park just north of Kagy Boulevard. (5) Noted the number of requests for reviews which individual staff members are receiving. He reminded the Commission that the purpose of the DRC meetings is to allow all staff members to review a . proposal at the same time. (6) Stated that at the fiscal forum meeting to be held on May 25, he and Administrative Services Director Gamradt will be making a presentation on the City's finances. He noted the last two meetings have been devoted to school finances; and the next meeting will be devoted to county finances. (7) Stated that tent worms have been found in one tree in the community this past week, noting that City crews will continue to monitor that issue. (10) The City Manager distributed copies of a letter to the Commission from Duncan MacNab, received on May 13, in which he forwards a Parktrol proposal. He suggested it may be beneficial to establish a sub-committee of the Commission to pursue this idea. (11 ) Commissioner Stueck submitted the following. (1) Announced that the Recreation and Parks Advisory Board has received a letter from the Cemetery Board regarding . vandalism at the cemetery. He then asked about the possibility of hiring Rocky Mountain Security to patrol the parks and the cemetery on a regular basis, particularly during the school year. The City Manager responded that he is in the process of reviewing that issue. (2) Stated he has shown the preliminary plans for the little league and soccer fields at the intersection of West Babcock Street and Fowler Avenue to Planning Director Epple. (3) Announced that the contract for extension of North 19th Avenue from Durston Road to the interchange was recently awarded to Pioneer Ready Mix. he noted that, if the City moves quickly, Pioneer Ready Mix is willing to haul the top soil it strips off for the road to the City parkland along West Oak Street, north of Emily Dickinson School. He noted that Pioneer Ready Mix has also indicated a willingness to improve that portion of West Oak Street to a gravel standard. ( 12) Commissioner Frost submitted the following. (1) Attended the preservation . committee meeting last week. (2) Attended the enhancement steering committee meeting last week. He noted that they narrowed the number of projects on their list to 13; and they will try to prioritize those projects at their next meeting, which will be in approximately three weeks. (3) Noted that, just prior to the meeting, he distributed to the Commissioners copies of information on moderate-income housing developments in southern Florida. He noted that 05-16-94 - 36 - 1,100-square-foot homes with single-car garages start at $70,000. He stated the homes are constructed on smaller lots; and the subdivisions are very nice. He also noted that this particular subdivision includes a recreation center that has a swimming pool and basketball court. (4) Stated that he has completed his report on the meeting which he attended in Tampa, . Florida. He noted that he has provided copies of that report to each of the Commissioners. ( 13) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the agenda for next week's meeting. (2) Reminded the Commission that she will be out of town next week. (14) Mayor Vincent asked that a member of the Commission and possibly a staff member review the Parktrol proposal He then appointed Commissioner Frost to represent the Commission. He also suggested that the "no skateboard" and "no bicycle" insignias be repainted on the sidewalks and that the law be enforced. ( 15) Mayor Vincent stated he has received a telephone call from Jane Heath, Montana Department of Health and Environmental Sciences, inviting the Commissioners to attend public meetings scheduled for Thursday, June 2, at 4:00 p.m. and 7:00 p.m. at the . Holiday Inn regarding the Bozeman Solvent Site. He stated that he has suggested a member of the staff who is knowledgeable about the issue should be invited, instead. City Attorney Luwe suggested that he be given an opportunity to discuss this issue with Barry O'Connell, the City's attorney in this case. He expressed concern about a member of the Commission speaking at this type of meeting without legal counsel. ( 16) Mayor Vincent noted that today's meeting began at 3:00 p.m. because of the long agenda. He then stated he has informed staff that they may call an early meeting whenever they determine necessary; and he has suggested that the summer meetings can start even earlier than 3:00 p.m. if needed. Presentation of racort from housing task force - Neighborhood Coordinator/GrantsDerson . Goehrung Included in the Commissioners' packets for May 2, under "FYI Items, was a memo from Neighborhood Coordinator/Grantsperson James Goehrung forwarding the Bozeman Area Housing Task Force recommendations. Distributed just prior to today's meeting was a summary of the task force activities, dated May 16. 05-1 6-94 ------ . --.,.--. - 37 - Neighborhood Coordinator/Grantsperson Goehrung presented the housing task force report. He stated that, during meetings over the past nine months, 23 topics were identified by the task force, 17 of which have been forwarded with a unanimous recommendation from the committee, as follows: . 1. Develop educational materials for the general public regarding the planning, zoning and engineering requirements. 2. Develop educational materials for the builder/developercommunity regarding City policies and procedures. 3. Promote general housing practices for low and moderate income housing, particularly for mobile and modular housing. 4. Revise the planning and approval process with an eye toward streamlining the overall process and provide additional opportunities for in-house review by city staff. 5. Revise zone code requirements related to development density. 6. Revise development standards required by City staff of projects, maintaining overall health, safety and welfare and minimize housing construction costs. 7. Review "optimum value engineering" standards and identify and promote acceptable changes in building practices, maintaining . consistency with Uniform Building Code. 8. Revise requirements and promote regulations and zoni ng requirements that encourage the development of mobile home parks and modular home developments. 15. Accep t the definition of a Housing Trust Fund presented below and establish a Housing Trust Fund to address the housing concerns of low and moderate income citizens in the community. 16. Budge t $100,000 from the City general fund to fund the activities of a Housing Trust Fund for the next three years. 17. Evalu ate the effectiveness of the Trust at the end of three years. If the housing crisis is still occurring and the Trust is fulfilling a valid need in the community, continue funding the Trust to meet the low and moderate income housing needs of the community. 18. Encou rage the County Commission to establish a County-wide Trust to address affordable housing needs throughout Gallatin County. . 19. Encou rage the State-wide Housing Study Group to establish the necessary legislative measures to allow for a state-wide housing trust to be developed. 20. Utili ze the Housing Revolving Loan Committee to oversee the Housing Trust Fund. This committee would review applications for money from the Housing Trust Fund and make recommendations to the City Commission based on the amount of money available and the defined uses of the Housing Trust Fund money. 05-1 6-94 ..-..-- -- - ~ -- - 38 - 21. Adopt the list of acceptable uses of money from the Housing Trust Fund. These uses would be reviewed annually and updated as community needs change. 22. Estab lish an application process, evaluation criteria for ranking applications, a review process for applications, and a hearing process to award Housing Trust funds. . 23. Estab lish a revolving loan fund for the Housing Trust and the necessary accounting measures to assure repayment. Recommendations which were discussed by the task force, but which are not forwarded with a unanimous recommendation, include: 9. Developers of ten or more residential units are required to set aside or dedicate 15% of the units to low and moderate income families. 10. The affordable units would be comparable to other units in the development. 11. Ten percent of the units must be accessible under ADA standards. 12. Affor dable units can be spread throughout or clustered within a development. 13. Devel opers that agree to set aside more than the required minimum 15% will receive additional incentives. . 14. Allow for off-site construction of affordable units and the ability to pay in lieu of construction. Neighborhood Coordinator/Grantsperson Goehrung stated that the housing task force has been comprised of 22 members, representing a broad range of interests. He stated that the definition of "affordability" forwarded by the task force is: Housing for low and moderate income families that cannot afford to pay the prevailing rents or make monthly payments necessary to obtain housing in the community. Housing is considered affordable when a household pays no more than 30 percent of its adjusted monthly income for housing and utilities. The Neighborhood Coordinator stated that the housing task force is forwarding only those seventeen recommendations for which there was unanimous agreement. He noted that some of the task force members are concerned that the remaining six items have been . forwarded to the Commission. Commissioner Youngman asked if adopting the seventeen recommendations would make an impact on affordable housing, even if the inclusionary zoning provisions were not included. 05-16-94 ---'.... -,- -.-. ~.- - - 39 - Neighborhood Coordinator Goehrung stated that the seventeen recommendations which are forwarded for Commission consideration are inter-related and can playoff one another. He then noted that with the complexity of the issue, it is difficult to totally address the problem. He then provided some statistics to reflect the magnitude of the problem. He . stated that affordability is set at $60,000; and the median cost of a home is now $118,000. . He noted that by finding ways to change the zone code and planning processes, the cost of construction could be decreased; and the creation of a Housing Trust Fund could help to buy down the costs of development even further. Responding to Commissioner Youngman, the Neighborhood Coordinator stated that the task force has discussed the possibility of developing a handbook or manual which provides procedural information to the development community and homeowners. He also noted that the zone code amendments which are currently in process could work well with the recommendations which have been forwarded by the task force. He also noted that another round of Community Development Block Grant monies will be available this fall; and the City could submit an application for up to $400,000 to be used in conjunction with a 20-percent . local match to help fund the proposed Housing Trust Fund. Neighborhood CoordinatorGoehrung cautioned the Commission that when considering relaxation of standards and requirements, care must be taken to ensure that the public health, safety and welfare are not compromised. He also noted that climatic conditions must also be taken into consideration. The Neighborhood Coordinator stated that the trust fund monies would be available to developers with projects which include a guaranteed component of affordability. He suggested that those monies could be used to pay for items like water and sewer hook-ups, sidewalks and building permit fees. Commissioner Frost expressed concern that what he has viewed as a three legged stool has come back with only two legs. He further expressed concern about asking the . taxpayers to pay into a trust fund when the builders are not being asked to make a similar commitment. He recognized that the task force has done a lot of good work, but he is a little disappointed with the results. Neighborhood Coordinator Goehrung forwarded his interest in having the Commission conduct a public hearing on the recommendations forwarded by the task force. He suggested 05-1 6-94 .. -. .' ,~ . -.- - 40 - that during the public hearing process, members of the task force could forward their views on the recommendation and possibly raise awareness. Commissioner Stiff noted that a review of the six recommendations which were not forwarded by the task force, the comments beneath a majority of those recommendations . revealed that most of the task force members could support those recommendations with some changes. He then suggested that a careful look should be taken at those items to determine if there is something in those recommendations that warrants consideration. Commissioner Stiff then reminded the Commission that the "NIMBY" factor is real in this community. He stated that mobile home parks should be carefully considered, noting there has not been much encouragement for mobile home parks in the past. He also noted that the builders do not feel they are receiving much encouragement to address the affordable housing issue, particularly under the current zone code. He stated it is "complicated to do business with the City of Bozeman"; and he feels that the process must be simplified if the problem is to be solved. He then stated he feels that none of the 23 recommendations should be eliminated at this time just because they did not receive 100 percent of the vote of the task . force members. Commissioner Youngman stated that the task force has done a tremendous job of researching this issue. She then stated that the controversial recommendations need to be aired publicly. She also suggested that implementation of any of the recommendations would be a step in the right direction. She observed that in her fifteen years of monitoring affordable housing in Bozeman, she has noticed that, no matter what the regulatory climate, developers have not shown an interest in providing affordable housing. She stated, instead, that developers respond to the market. Commissioner Youngman noted that in many of the subdivisions, lots are nearly twice as big as the minimum lot size; and the minimum house size is bigger than it needs to be. She also noted that interest rates are going up, which further limits the ability of low and moderate . income persons to purchase a home. She then expressed her interest in considering something more than just vOluntary incentives to encourage the development of affordable housing. Commissioner Youngman then stated she wants a public hearing as soon as possible because she feels that implementation of a number of these recommendations will create a level playing field for all of the developers. She reiterated her position that there will not be 05-1 6-94 -- - ..-.-.- - 41 - affordable housing just because of small regulatory changes. She suggested that a Housing Trust Fund subsidy could assist in more affordable housing units being provided, particularly in light of the high land costs and high materials costs in the current market. Commissioner Stiff noted that if the Commission accepts the seventeen . recommendations forwarded by the housing task force, that includes setting aside $100,000 of taxpayer monies for each of the next three years. He then expressed concern about that possibility, stating he is not sure the City can buy a solution to the problem. Commissioner Frost stated his support for Commissioner Stiff's statement. He forwarded his interest in forwarding these recommendations for public comment; and he feels that the public hearing should be on all 23 recommendations. Commissioner Stueck stated he feels it is important to begin implementing at least some of the seventeen recommendations as soon as possible. He noted that a public hearing could then be held on the remainder of the recommendations at a later date. Commissioner Stueck noted that the more regulations there are, the more expensive the project will be. He cautioned that inclusionary zoning will increase land values and the . costs of other homes within a subdivision; and that will accelerate costs throughout the community. He suggested that would create a negative effect rather than the desired positive effect. Commissioner Stueck then stated he feels that encouraging mobile home parks is a good idea. He stated it is "high time Bozeman swallowed its pride" and determined that mobile home parks are acceptable, noting that they can be operated efficiently and inexpensively; and the tenants don't have to feel like they are second class citizens. Commissioner Stueck stated that if builders can construct homes in Belgrade for $65,000 to $70,000 and make a profit, then they should be able to construct such homes anywhere in Gallatin County and make a profit. He suggested that the only way that could be realistically accomplished in Bozeman would be for the City to purchase the land because of . the current market conditions. He then cited the Dickinson Manor project on North 22nd as an example, noting that the cost of the 160-unit apartment project has gone up over $1 million in this past year, due to forces outside the City's control. City Manager Wysocki stated that four years ago, he asked a member of the Southwest Montana Building Industry Association to show how he could build a home for 05-1 6-94 ----- -. --.- - 42 - $45,000 if the City were to buy ten acres for an affordable housing project; and he has not received an answer to date. He also encouraged the Commission to complete the implementation of impact fees as quickly as possible, stating that could be beneficial to this process as well. . City Manager Wysocki encouraged the Commission to not eliminate any of the 23 recommendations at this time. He then suggested the potential of creating a planned unit development for affordable housing projects only. He stated that the zoning regulations could remain the same as they are currently; but under this PUD, provision could be made for relaxation of some of those standards, ensuring that the public health, safety and welfare issues are not compromised. Commissioner Stiff noted that allowing a developer to move quickly through the process is essential. Neighborhood Coordinator Goehrung noted the cooperation which has begun between the City and non-profits, citing the Human Resource Development Council and Interfaith Housing projects as examples. He noted that, on a state-wide basis, in three of the last sixteen . HOME applications approved, the local government had purchased the land and provided guarantees of a long-term affordable housing project. Commissioner Stiff stated that many people in the community are quietly helping to address the issue of affordable housing, either on their own or through Interfaith. Responding to Mayor Vincent, the Neighborhood Coordinator stated the difference between the average selling price of a home and the affordability level is $58,000. He then questioned whether affordable housing needs to be provided through the construction of new housing or through rehabilitation of old housing. He noted that in other communities, there is a surplus of older housing that can be rehabilitated; however, in Bozeman, that is not the case. He further noted that in Bozeman, while one is trying to qualify for financing of a home, three others come in with cash offers. . The Neighborhood Coordinator stated that in Missoula, 300 new housing units are being constructed annually. He stated that to meet the 2 to 3 percent growth they are encountering annually and to construct enough new units to reach a 6 percent unoccupied housing rate, three times that number of units would need to be constructed. He stated that when reviewing the housing picture in Bozeman, there is less than a 1 percent vacancy rate; 05-16-94 ~ -.. - 43 - and land prices are high. He stated that the City will have to be creative when addressing our problem. Commissioner Youngman stated she would have preferred to have this issue solved by the private sector; however, because of the extreme market, she feels it is necessary for . the City to do something. Responding to questions from Commissioner Youngman, Neighborhood Coordinator Goehrung stated that no one recommendation will create affordable housing on its own. He noted, instead, that a number of factors must be addressed. He also cautioned that care must be taken to ensure that steps omitted during construction do not result in increased costs in the future, Le., leaving out insulation but incurring substantially higher utility costs as a result. Commissioner Stueck noted that people are not building large apartment buildings any more. Neighborhood Coordinator Goehrung noted that in 1986, tax incentives for providing low and moderate income housing changed. He stated that Montana gets $1.6 million in tax incentives each year, for which qualified developers can apply. . Responding to questions from Commissioner Stueck, the Neighborhood Coordinator stated that if the Housing Trust Fund is used to leverage monies, the proposed $100,000 annual funding level would be adequate. He suggested that this could be through a 20-percent match for State monies or, on a local level, serving as a second mortgage on a home for a first time homebuyer. He noted another option is to pay the first month/last month/deposit for a rental unit, with that money being repaid over a few months. Mayor Vincent stated he feels that all of the recommendations should be aired, possibly in a public hearing or a town meeting. He then asked that the Commissioners forward any comments or concerns they have to the City Manager in the next few days. He then requested that this item be placed on next week's agenda for further discussion. . Staff report re request to close Perkins Place - Neighborhood Coordinator/GrantsDerson Goehrung Included in the Commissioners' packets is a memo from Neighborhood Coordinator/ Grantsperson Goehrung requesting the a mid-block street closure of Perkins Place. Neighborhood Coordinator/Grantsperson Goehrung distributed to the Commission 05-1 6-94 ._ _'~._ '_..._"..___'_~,.'.._~~__~_'_.'._n._._.__ . ... ..-----.----------- - 44- copies of a memo dated May 16, in which he provided a series of questions to be addressed, in a flow chart format. The Neighborhood Coordinator provided a brief overview of this item. He noted the request to close the street by placing a barrier at mid-block was submitted to the Commission . quite some time ago. Since that time, the closure of Perkins Place has been identified as a TSM project in the transportation plan update. The Coordinator stated that, attached to his memo of May 4, are copies of responses from various staff members, many of which contain statements of opposition to the closure of the street. Commissioner Stiff asked if this street closure is to be financed by residents along the street, similar to what has been required in the past. The Neighborhood Coordinator stated that the transportation plan has suggested that possible sources of funding for this project include the General Fund and street maintenance district monies. He stated that, because of that proposal in the transportation plan, the neighbors are operating under the assumption that the closure will be paid for by the City. . Responding to Commissioner Frost, the Neighborhood Coordinator stated that those who signed the petitions have done so with the understanding that they would not be asked to bear the costs. He then noted the City Attorney already has some concerns about whether the petition is legally valid, since not all of the property owners for a lot have signed the petition. He suggested that if the Commission determines that the property owners must pay for the street closure, at a minimum, certified letters should be sent to all property owners, notifying them that closure of the street would be at their expense, with a mail ballot that is to be marked and signed so that signature may be verified. He then suggested that if the Commission is not inclined to approve this requested street closure, staff should not be spending its time trying to determine whether the petition meets all legal requirements. Commissioner Frost noted the Fire Marshal's memo states that the requested barrier . would cause significant slowing of emergency responses. He then asked if the City would be upholding its charge to protect the public health, safety and welfare of the community if the Commission approves this requested closure. City Attorney Luwe responded that is one of the items that must be taken into consideration. 05-1 6-94 - 45 - The City Attorney then expanded on the issue of whether the petition is legally sufficient. He emphasized the fact that he does not want to go through all of the work to determine whether the petition is legal, or to seek an Attorney General's opinion if necessary because of the ambiguities in the language of the statute, if the Commission is not inclined to . proceed with this requested street closure. Responding to Mayor Vincent, Neighborhood Coordinator Goehrung stated the transportation plan estimate for this closure is $2,000. He indicated there are forty properties abutting Perkins Place. Not all of those properties have Perkins Place addresses; rather, many of them have North Church Avenue, North Rouse Avenue or East Lamme Street addresses Responding to Mayor Vincent, City Attorney Luwe stated that under the state statute, those signing the petition for the closure are the ones who bear the costs of the closure. City Manager Wysocki suggested that if a five-year special improvement district were created, everyone would participate in the costs. Commissioner Stiff expressed concern about the proposed closure in light of the Fire Marshal's memo. . City Attorney Luwe reviewed the procedure for closure of a street. He noted that the Commission must first advertise a public meeting before it may take action on the petition. He stated that if the Commission decides to proceed with the closure, it must also determine the closure can be accomplished without detriment to the public interest. Commissioner Frost stated if the Commission closes the street, he feels the residents should pay for it. Commissioner Stueck stated he feels the property owners should pay for closure of the street. He then stated that, philosophically, he is opposed to closing any streets; however, he wants to visit the site before making a final decision on this particular request. Mayor Vincent stated that, since this street in unique, he is willing to consider the issue further. . Commissioner Youngman stated that she does not like to close street, either. She noted, however, that Perkins Place is a peculiar street, not of the normal width and not paved; and she is willing to consider the issue further. Commissioner Stiff stated he does not support closure of the street, particularly in light of the staff comments received. 05-1 6-94 -..... --. - ..-----.-- - 46- City Attorney Luwe suggested this item be placed on the May 31 meeting agenda, as an advertised public meeting, after which the Commission may take formal action on the request. The Commission concurred in the City Attorney's recommendation; and the Mayor . requested this item be placed on the May 31 agenda, at which time public input will be received and the Commission will make a decision on the requested street closure. Adjournment - 9:07 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. <--.-.. . ATTEST: {J~ of 2tk~ ROBIN L. SULLIVAN Clerk of the Commission . 05-1 6-94 .---. --- -..