HomeMy WebLinkAbout1993-09-20 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 20, 1993
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, September 20, 1993, at 3:30 p.m. Present were Mayor Swanson,
Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Acting City
Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Swanson asked if any of the Commissioners wish to remove any of the Consent
Items for discussion. Acting City Manager Brey requested that the modifications for Anderson
Precast be removed for discussion.
Minutes - September 13. 1993
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes
.f the regular meeting of September 13, 1993, be approved as amended. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
Commission discussion - settina of public hearina date to review sidewalk Dolicv. as set forth in
Commission Resolution No. 2816
Acting City Manager Brey stated that, included in the Commissioners' packets, was a copy
of the current sidewalk policy, as set forth in Commission Resolution No. 2816. He then
distributed copies of one page from the minutes of August 9 to the Commissioners, which contains
their previous discussion on this item and generally indicates an interest in conducting a public
hearing in conjunction with review of the sidewalk policy; as well as copies of a letter from Ms.
.Shi Simsarian, 313 North Western Drive, regarding sidewalks. He then forwarded the
recommendation that the pUblic hearing be set for November 15, which will allow time for input
from the Commissioners and any staff response as well as allow the newly-elected Commissioners
to attend and listen to the public input, so they know why any changes may be made to the
existing policy.
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Mayor Swanson asked that the Commissioners forward their comments to the staff, so
that they may addressed in the staff's presentation at the beginning of the public hearing. He then
forwarded his initial comments, as follows. He noted there is no mechanism in the current policy
for neighborhoods, such as those along cul-de-sacs who feel there is no need for a sidewalk along
_heir streets to address safety and need issues, to participate financially in the installation of
sidewalks or street enhancements along other streets. He asked staff to explore the possibility of
including such a provision, so that those living where there does not appear to be a need for
sidewalks can participate in larger projects that may benefit more people.
Commissioner Vincent asked for a matter-of-fact overview of the current sidewalk policy
at the beginning of the public hearing. He suggested this overview could be accomplished in five
to ten minutes.
Responding to Commissioner Knapp, the Assistant City Manager asked that any
Commissioner comments or concerns be forwarded to staff by October 12, so there is adequate
time to explore possibilities and forward responses at the beginning of the public hearing.
Commissioner Frost noted the timeline that has been given for installation of sidewalks
en new subdivisions, which requires that sidewalks be installed immediately upon development of
the lot or within three years from approval of the subdivision, is in conflict with the sidewalk policy;
and suggested that the language in the policy be revised to accommodate that condition on future
subdivisions.
Mrs. Shirley Sedivy asked if the policy includes curb cut designs.
Acting City Manager Brey stated that the policy includes a general statement requiring that
new installations will be accessible and designed in conformance with current adopted standards.
He stated that those standards are now the ADA standards, which accommodate corner cuts. He
noted that staff has identified the option of perpendicular curb cuts as the preferred alternative,
although corner cuts do meet ADA standards.
Mrs. Sedivy cautioned that the blind can become very disoriented on a corner cut, because
. places them at an angle and affects their direction of hearing.
Commissioner Stiff stated this is an issue which he also wishes to discuss with the Acting
City Manager. He noted that, since his recent surgery, he has discovered that the curb cuts along
Main Street are difficult to negotiate.
Acting City Manager Brey stated this section of the sidewalk policy can be carefully
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reviewed, and possibly more comprehensive language inserted. He cautioned that some flexibility
for design must be retained, particularly given the latitude in the ADA standards.
Commissioner Vincent noted the curb cut recently installed by MSU at West Cleveland
Street and South 7th Avenue, noting it is a perpendicular cut. He also cited the new curb cuts in
._owntown Livingston as a good example. He then stated his interest in ensuring that well-designed
curb cuts are completed the first time, instead of creating a need to go back and redo those cuts
within a few years.
Mrs. Sedivy stated that the curb cut at the northeast corner of Cooper Park was installed
several years ago and is an excellent design.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission set the public hearing for review of the sidewalk policy, as set forth in Commission
Resolution No. 2816, for November 15, 1993. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp,
Commissioner Frost and Mayor Swanson; those voting No, none.
rdinance No. 1375 - Salar Ordinance for Fis 3-1994
Acting City Manager Brey presented Ordinance No. 1375, as approved by the City
Attorney, entitled:
ORDINANCE NO. 1375
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
HEADS OF DEPARTMENTS, CITY JUDGE AND ALL EMPLOYEES OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW.
The Acting City Manager reminded the Commission of the statutory requirement for them
to set salaries for specified positions. He then recommended that the ordinance be provisionally
adopted and that it be brought back in two weeks for final adoption.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
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. .ommission provisionally adopt Ordinance No. 1375, setting the monthly salaries and official bonds
for specified employees, and that it be brought back in two weeks for final adoption. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Vincent,
Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting
No, none.
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Reauest for modification of Conditional Use Permit for Planned Unit Develocment (Acclication No.
Z-0944) - Anderson Precast - to allow sliaht increase in building size. and alterations to the building
architecture and landscaoe design: cer DRB recommendations
Acting City Manager Brey reminded the Commission that he had requested this item be
removed from the Consent Items for discussion, as the result of questions raised by Commissioner
.Knapp. Planning Director Andy Epple reviewed the information forwarded in the packet, which
included a memo dated September 16, forwarding the Planning Staff's and Design Review Board's
recommendations for approval of the requested modifications, subject to five conditions; copies
of correspondence; minutes from the Design Review Board meeting of September 7; and revised
site plans.
The Planning Director stated this item has been removed from the Consent Items because
of concerns raised about the proposed access onto North 19th Avenue, at the northwest corner
of the property. He noted no specific questions have been raised about the building design or
elevations or about the landscaping proposed.
Director Epple stated that under this application, the building is to be relocated; its size
.increased by 19 percent; and its orientation is to be reversed. He stated that the primary access
is to be from Baxter Lane, with a paved parking area for customers and employees. The access
from North 19th Avenue is to be used for trucks and delivery access only. He noted that questions
which have arisen because North 19th Avenue between Baxter Lane and the interchange has been
designated as a limited access road. He stated that conversations with personnel at the State
Department of Transportation reveal that seven access points in that stretch of North 19th Avenue,
which is approximately one-half mile, have been approved; and they have indicated that the
chances of additional access points being approved are "nil" and "none". He noted that this
proposed access point is 500 + feet from the Baxter Lane/North 19th Avenue intersection. He
further noted that a continuous left turn lane is proposed along this section of North 19th Avenue,
so traffic can continue to flow smoothly in the driving lanes. The Planning Director noted that this
.ccess point has been negotiated between the Department of Transportation and Mr. Anderson,
as a part of the right-of-way acquisition process.
Commissioner Knapp stated that her concerns revolve around the long term, not just this
particular project. She noted that the verbal assurances which the Planning Director has received
from the Montana Department of Transportation reflect that the limited access will be maintained;
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and she would like to see those assurances reduced to writing. She then suggested that action on
this application be delayed until the written assurance is in hand, if it does not inconvenience the
applicant too much.
Mayor Swanson suggested the possibility of approving the requested modifications, with
,.he stipulation that written assurances must be received from the Department of Transportation.
Acting City Manager Brey suggested that revisions to Condition No.3 could adequately
accommodate the Commission's concerns, and ensure that the City receives the desired written
assurances.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission approve the request for modification of the conditional use permit for the planned unit
development approved under Application No. Z-0944, as requested by Anderson Precast, to allow
a slight increase in the building size, and alterations to the building architecture and landscape
design, subject to the following conditions:
1. That a revised landscape plan be submitted for review and approval by
the City-County Planning Office, reflecting the use of landscape berms
and evergreen trees in the front yard areas along North 19th Avenue
and Baxter Lane prior to final site plan approval;
. 2. That documentation of approval of the Simmental Property Owners'
Association for the revised building elevations, site improvements and
location be provided to the City-County Planning Office prior to final
site plan approval;
3. That written documentation from the State of Montana Department of
Transportation be provided to the City-County Planning Office ensuring
that the proposed driveway approach onto North 19th Avenue is
approved and confirming that limited access restrictions will apply to
that portion of North 19th Avenue between Baxter Lane and the
interchange, prior to final site plan approval;
4. That building permits for the construction project be drawn by no later
than October 7, 1993, or Planned Unit Development Application No.
Z-9044 shall expire and become null and void; and
5. That all other applicable conditions of Zoning Application No. Z-9044
be complied with.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
enapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those
voting No, none.
Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
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Information" items.
(1 ) Letter from GalaVan, dated September 14, thanking the City for its contribution
to their operations budget for this fiscal year.
(2) Agenda for the Highway Commission meeting to be held on Wednesday,
.september 22. Notice that there will be no County Commission meeting on Tuesday, September
(3) 21, along with daily minutes for the week of September 6.
(4) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, September 21, at the Carnegie Building.
(5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, September 21, at the Carnegie Building.
(6) The Acting City Manager submitted his weekly report, as follows. (1) Has been
working with the consultant for the downtown improvement committee, providing him with
information and documents. (2) Announced that on Wednesday, he will meet with representatives
from the State Department of Fish, Wildlife and Parks to review accounting procedures for Land
end Water Conservation Fund grants, as it pertains to the Burke Park site. (3) Announced that the
bid opening for the expansion of the Senior Center will be conducted on Thursday afternoon; and
ratification of their recommendation for award of bid will be on the Commission agenda for the
October 4 meeting. (4) Is working on developing a program for extension of sewer lines within the
city limits, concentrating on the South Wallace Avenue main extension. He indicated this line is
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anticipated to serve several properties upon its completion. (5) Announced that Neighborhood
Coordinator/Grantsperson Goehrung has been guiding a representative from the Local Government
Energy Office through many of the City's buildings to determine if any steps could be taken to
reduce energy consumption. He noted some projects have been identified that have very short
payback periods; and it may be beneficial to proceed with them.
(7) Responding to Mayor Swanson, the Acting City Manager stated that work on the
.ax increment financing district has been moving very slowly. He stated that data has been
gathered for a very large area; however, much of that area includes residential areas, which must
now be deleted, requiring that the data be adjusted accordingly.
(8) Commissioner Knapp attended a Broad Valleys Federation of Libraries semi-annual
meeting in Deer Lodge on Saturday. She noted substantial discussion revolved around the impact
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of State budget cutbacks on the state and local libraries. There was also discussion about
negotiating franchise agreements in a manner that will provide services needed by the library as
well as other City services.
(9) Commissioner Frost submitted the following. (1) Attended the downtown
_mprovement steering committee meeting on Tuesday morning, at which substantial technical data
was submitted by the city, county and state. (2) Attended the Interfaith housing committee
meeting on Wednesday. He indicated that less than $10,000 is needed to cover the $49,000 cost
of the lots. (3) Attended the Parade of Homes this weekend, noting the good craftsmanship and
construction represented in those homes.
(10) City Attorney Luwe submitted the following. (1) Distributed copies of an Order
of Dismissal with Prejudice in the case Mark Duffy and Pamela Duffy versus the City of Bozeman,
et aI., noting this concludes the case. (2) Announced that the Northeast Neighborhood Alliance
request will not be placed on the September 27 agenda for further discussion. He noted the
request is to overturn the Planning Director's decision as zoning administrator; the appropriate
avenue for such appeals is to the Board of Adjustment; and Karst Stage did not submit an
epPlication for conditional use permit by the 5:00 p.m. deadline on Tuesday, so there is no basis
for appeal at this time. He then indicated that the issue has been turned over to him for
enforcement; and he is currently reviewing possible legal actions, such as an injunction, declaratory
judgment or criminal prosecution.
(11 ) Clerk of the Commission Sullivan submitted the following. ( 1) Reviewed the
agenda for next week's meeting. (2) Asked the Commissioners if they wish to set a work session
for the October 12 meeting and, if so, to set it at next week's meeting.
( 12) Responding to Commissioner Stiff, Commissioner Vincent stated he has made
a decision to not attend the NLC Congress of Cities in Orlando.
( 13) Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce,
reminded the Commission of the Commission candidates' forum set for 7:00 p.m. on Wednesday
.t the Emerson Cultural Center.
(14) Mayor Swanson suggested the possibility of cancelling the regular Commission
meeting for December 27. He then requested this item be discussed further at an upcoming
meeting.
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(15) Mayor Swanson submitted the following. (1) Stated that on Friday, he will be
presenting MSU with a copy of the resolution creating Burke Park, for inclusion in the time capsule
they are creating in conjunction with their centennial activities. (2) Reminded the Commission of
the "We Share the Road" public forum to be held at 7:15 p.m. on Thursday at the Library.
*31 Announced that he will be welcoming the Montana County Treasurers at 8:30 a.m. tomorrow.
(4) Reminded the Commission of the Bozeman Creek/Mount Ellis study group meeting with the
Governor, scheduled for tomorrow at the Holiday Inn. He noted discussions will include the
possibility of a trail extension across State land to the City and Forest Service lands.
(5) Announced that he will participate in festivities to be held on Sunday, at which time the Library
will recognize donors who helped them reach their goal of $250,000 in the endowment fund. (6)
Announced that next Tuesday, he will be giving a "State of the City" address to the Rotary Club.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Reauest for cermission to conduct Homecoming Parade - Bozeman Senior Hiah
School Council - Fridav. October 1. 2:00 c.m. - Main Street from
. Church Avenue to 15th Avenue
Reauest for cermission to tie onto City sewer system - Dr. and Mrs. Ronald
Woodv. 27589 Frontage Road: apcroval subiect to conditions in City
Engineer Brawner's memo dated Sectember 9. 1993
Authorize excenditure of $7 .362.53 to Jewel
Corcoration as cartial
reimbursement for costs billed by the Montana Decartment of Health
and Environmental Sciences for the Bozeman Solvent Site
Authorize Mavor Swanson to sign - Findings of Fact and Order for Brentwood
Subdivision. Phase II
Authorize absence of Mavor Swanson from meeting of October 12, 1993. in
comcliance with Section 7-3-4322(2). M.C.A.
Buildina Inscection Division report for August 1993
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons
.0 complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner
Knapp and Mayor Swanson; those voting No, none.
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Recess - 4: 14 D.m.
Mayor Swanson declared a recess at 4: 14 p.m., to reconvene at 7:00 p.m. for the
purpose of conducting the scheduled public hearings.
.Reconvene - 7:00 p.m.
Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the
scheduled public hearings.
Public hearina - Conditional Use Permit - Mike Monev for Kendall Johnson - allow construction of
residential dUDlex on lot 4. Block 12. Annie Subdivision (800 and 802 North 22nd Avenue)
This was the time and place set for the public hearing on the conditional use permit
requested by Mike Money for Kendall Johnson, under Application No. Z-93111, to allow the
construction of a residential duplex on lot 4, Block 12, Annie Subdivision. The subject site is more
commonly known as 800 and 802 North 22nd Avenue, and is located in an "R-O", Residential--
Office, zoning district.
Mayor Swanson opened the public hearing.
. Associate Planner Kevin Wall presented the staff report. He stated that, since this
application is to allow construction of a duplex in an R-O zone, it must go through the conditional
use process. He briefly highlighted the staff report, noting that the applicant proposes to construct
a duplex in one large mass, containing approximately 3,100 square feet, with a 6: 12 pitch roof.
He stated that landscaping is to include quaking aspen and rose tree of china. He stated that
boulevard trees have already been planted.
Planner Wall stated this application was reviewed by the Development Review Committee,
but not by the Design Review Board because it does not lie in an overlay district. He stated that
following Planning staff and Development Review Committee review of this application, in light of
the six criteria set forth in Section 18.53.030, they forwarded a recommendation for approval of
.hiS application, with only the boilerplate conditions attached. He stated that the Planning Board
considered this application on the consent agenda at their September 8 meeting, concurring with
the recommendation forwarded to them.
Mr. Mike Money, applicant, stated he feels this application is appropriate and is in line with
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existing development in that immediate area. He then indicated a willingness to respond to any
questions.
No one was present to speak in opposition to the requested conditional use permit.
Acting City Manager Brey stated that no written testimony regarding this application has
.been received.
~ , It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the public
hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor
Swanson; those voting No, none.
Mayor Swanson closed the public hearing.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
customary one-week waiting period for land use decisions be waived. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp,
Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none.
Commissioner Stiff announced that he encounters a conflict of interest in this issue. He
__.stated that he has discussed this issue with the City Attorney and, based on that conversation, the
City Attorney has concurred it would be appropriate for him to abstain from discussion and voting
on this application.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission approve the conditional use permit requested by Mike Money for Kendall Johnson,
under Application No. Z-93111, to allow the construction of a residential duplex on Lot 4, Block
12, Annie Subdivision, subject to the following conditions:
1. That seven (7) copies of the final site plan, containing all of the
conditions, corrections and modifications approved by the
City
Commission, shall be submitted for review and approved by the
Planning Director within six (6) months of the date of City Commission
approval. Signed copies shall be retained by the City departments
represented on the Development Review Committee, and one signed
-- copy shall be retained by the applicant;
2. That the applicant shall enter into an Improvements Agreement with the
City to guarantee the installation of required on-site improvements at
the time of final site plan submittal. Detailed cost estimates,
construction plans and methods of security shall be made a part of that
Agreement;
3. That a building permit must be obtained within one (1) year of final site
plan approval. Building permits will not be issued until the final site
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plan is approved. No site work, including excavation, may occur until
a building permit is issued;
4. That if occupancy of the structure or commencement of the use is to
occur prior to the installation of all improvements, the Improvements
Agreement must be secured by a method of security equal to one and
one-half (1 'Y2) times the amount of the estimated cost of the scheduled
improvements not yet installed. Said method of security shall be valid
. for a period of not less than twelve (12) months; however, all on-site
improvements shall be completed by the applicant within nine (9)
months of occupancy to avoid default on the method of security;
5. That the right to use and occupancy permit shall be contingent upon
the fulfillment of all general and special conditions imposed by the
conditional use permit process;
6. That all of the special conditions shall constitute restrictions running
with the land use and shall be binding upon the owner of the land, his
successors or assigns;
7. That all conditions specifically stated under any conditional use listed
in the zone code shall apply and be adhered to by the owner of the
land, successors or assigns; and
8. That all of the special conditions shall be consented to in writing by the
applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none.
.ommissioner Stiff abstained.
Public hearing - Conditional Use Permit for Planned Unit DeveloDment - Bozeman Interfaith Housina.
Inc. - allow the develoDment of nine residential housina units in two buildinas for low- and
moderate-income families on Lots 5 and 6. Block 1. Westlake's First Addition (northeast corner of
intersection of West Peach Street and North 4th Avenue)
This was the time and place set for the public hearing on the conditional use permit for
a planned unit development requested by Bozeman Interfaith Housing, Inc., under Application No.
Z-93110, to allow the development of nine residential housing units in two buildings for low- and
moderate-income families on Lots 5 and 6, Block 1, Westlake's First Addition. The subject parcel
is located at the northeast corner of West Peach Street and North 4th Avenue extended and is
zoned "R-4", Residential--High-density.
. 'MaYOr Swanson opened the public hearing.
Acting City Manager Brey provided a listing of the documents included in the
Commissioners' packets pertaining to this application. He noted that, in addition to the information
forwarded by the Planning Department, the packets also included a memo from Mary Lathrop, 616
North Willson Avenue, dated September 15.
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Assistant Planning Director Debbie Arkell presented the staff report. She highlighted the
lengthy written staff report, a copy of which was included in the Commissioners' packets. She
stated that the subject application is for a conditional use permit for a planned unit development,
to increase the density allowed on the subject lots, so that nine dwelling units may be constructed
en two buildings. She stated that Bozeman Interfaith Housing, Inc., represents a consortium of local
churches whose intent is to provide low-income rental housing. She stated that the rental units
are to be constructed in condominium style, which means that the units will be side-by-side, not
above one another.
The Planner noted that this project is intended to target very low-income families, which
are identified as those earning 30 percent or less of the median income level for Gallatin County.
She noted that Interfaith has received a Montana Board of Housing loan in the amount of
$355,000, based on the guarantee that this project will be a permanent low-income housing
project.
Planner Arkell stated that under the City's zoning ordinance, seven dwelling units could
be developed on the lots through a minor site plan review. With the 30-percent density bonus
.vailable under the planned unit development process, she noted that a total of nine dwelling units
may be constructed on the two lots.
The Assistant Planning Director stated that the North 4th Avenue right-of-way has been
dedicated; however, no improvements have been made. She then reviewed the surrounding land
uses, noting that most of the property south of Peach Street has been developed as single-family
residential, with a few duplexes and multi-family units mixed in; to the east are the North Edge
Dairy buildings, a single-family house and a large older house which has been converted into a six-
plex; and to the west is the Darlinton Manor, which is a 100-unit senior housing project. The land
to the immediate north is vacant, and approximately 200 feet north of the subject site is Westlake
Park.
Assistant Director Arkell stated that two of the nine units are to be fully accessible to the
eisabled. She noted each of the two-story buildings is to be 32 feet by 66 feet. The gabled 10: 12
pitch roof is to be finished with metal standing seam roofing; and vinyl lap siding and vinyl-clad
windows will provide a low-maintenance exterior. A laundry building and dumpster enclosure are
to be constructed between the parking area and the courtyard; and tenant storage is to be provided
in the north end of the easternmost structure. Access to the parking lot is to be from the extension
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of North 4th Avenue. Because two accessible apartments are to be constructed, staff recommends
that two disabled parking spaces be required in the off-street parking lot.
Assistant Planning Director Arkell stated that this application has been reviewed in light
of the thirteen objectives for planned unit developments, as set forth in Section 18.54.020. She
.stated that the staff findings are included in the written staff report. She summarized those
findings by indicating that this application addresses each of those objectives, some of them more
positively than others; and it does not directly conflict with any of the objectives. She stated the
structures are designed to be visually compatible with the surrounding residential uses; and they
generally reflect the architecture of the 1940's and 1950's. She further noted the site is close to
downtown, parks and schools; and lies within an area designated for urban residential infill.
The Planner stated that under the City's zone code, up to fifteen units per acre is allowed
under the underlying zoning; and with the allowable 33-percent density bonus, twenty units per
acre may be constructed. She stated that under the zone code requirements for off-street parking,
20 parking spaces plus one disabled parking space would be required for this development;
however, since this is a planned unit development, the Commission may set a different
.requirements. She noted that the applicants have proposed 17 parking spaces plus one disabled
parking space. Staff has recommended that, because two disabled apartments are to be
constructed, two disabled parking spaces should be required.
Planner Arkell stated that under this application, 9 percent of the site can be considered
usable open space, indicating that when considering the surrounding development, this is an
appropriate percentage. She noted that a rounded concrete wall, 1 Y:z to 2 feet high, is to be
installed at the southern edge of the open space between the buildings, to provide an area for
amenities such as play equipment and a barbecue. A basketball hoop is to be installed by the
parking lot. She stated that with the proximity of North Grand Park, Westlake Park and the Whittier
School, impacts of the lack of play area are minimized.
Assistant Planning Director Arkell reminded the Commission that their No.1 goal for Fiscal
.ear 1993-1994 is "Affordable housing (code modifications/land availability). Continue to assist
in any way possible the development of affordable housing." She stated that the Human Resource
Development Council has 151 families on a waiting list for affordable housing; and 92 families have
left Bozeman with usable vouchers for subsidized housing because there were no units available
for rent. She noted the average rent rates have increased 40 percent since July 1990; and the
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vacancy rate is extremely low. She noted that, with the commitment to retaining this project as
permanent low-income housing and its central location, this seems to be an appropriate effort to
meet the Commission's goal.
The Assistant Planning Director stated that, although this property is not located in an
.overlay district. the Design Review Board reviewed the project and suggested several changes to
. I the architecture and siting of the buildings; and most of those suggestions have been incorporated
into the proposal that is now before the Commission. She stated that the main issue addressed
by the Development Review Committee, during its review of this project, was the improvement to
North 4th Avenue adjacent to this site. She noted that, as a result of their review, the DRC
concluded that the applicant should be responsible for the installation of curb, gutter and sidewalk
on the east side of the street only.
The Assistant Director stated that this application has also been reviewed in light of the
six criteria set forth in Section 18.53.030 for consideration of conditional use permit applications.
She stated the staff findings are included in the written staff report, reviewing those findings.
Planner Arkell stated that the Planning Board considered this application at its meeting of
.september 8, 1993. She noted they received three letters regarding this proposal, two in support
and one expressing concern. She also noted that she received one telephone call from a resident
in the 600 block of North Willson Avenue, expressing concern about another low-income housing
project in the area and the potential for additional thefts and vandalism, although Police Department
review of the application did not result in such concerns. She then stated that two people spoke
at the Planning Board hearing on this application. She stated that, following their public hearing,
the Planning Board voted to recommend approval of this application, subject to 27 conditions. She
then reviewed each of those conditions, cautioning the Commission that they may wish to adjust
Condition No. 15, which pertains to the number of required off-street parking spaces.
Mr. Nick Davis, Treasurer, co-founder and member of the Board of Directors for Bozeman
Interfaith Housing, stated it is a non-profit corporation founded in June 1993. He noted that the
.oard of Directors is comprised of twelve people, representing six churches in Bozeman. He stated
they are in the process of acquiring the subject property, upon which they plan to construct five
two-bedroom and four three-bedroom apartments in two buildings. He stated the two-bedroom
units will rent for $250 to $300 per month; and the three-bedroom units are to rent for $350 to
$400 per month.
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Responding to Commissioner Vincent, Mr. Davis stated that the grants and loans which
they have received are based on the construction of nine dwelling units.
Responding to Commissioner Frost, Rev. John Plummer, co-founder and President of
Bozeman Interfaith Housing, forwarded their definition of a low-income person. He characterized
_hem as individuals living within 30-percent of the median income level for Bozeman, as defined
by HUD, which is set at $34,400 for a family of four. He noted that under this formula, the
housing is targeted toward those families of four with a combined income of $10,200 to $20,400.
Responding to Commissioner Vincent, Mr. Davis stated that applicants will be screened,
based on a set of criteria that is to be established. He indicated that they intend to make these
units self-sustaining and self-supporting; and they intend to take every step possible to ensure that
those selected can and will make their rent payments.
Mr. Chuck Miller, Gallatin Gateway, stated he is a member of the Board of Directors for
Interfaith Housing and is a member of the Grand Avenue Christian Church. He stated their church
is supportive of the project and has agreed to donate $10,000 toward the purchase of the
property.
. Mr. George Vinyard, Gallatin Gateway, read a letter of support from Mr. Ken VanDyken,
consultant for the Christian Reform World Relief Committee. He noted this proposal responds to
one of Bozeman's most crucial needs, which is affordable housing. He indicated that one low-
income family was recently relocated to Townsend because there was no housing available in
Bozeman.
Mr. Verne Klingensmith, 2175 Butch Cassidy Drive, stated he is a realtor and a member
of the Board of Directors for the Habitat for Humanity. He stated support for this project, noting
it addresses a definite need. He then forwarded the following statistics for Commission
consideration. In September 1991, the average price for a condominium or townhouse was just
over $72,000; in 1992 it increased 17 percent to $84,122; and in 1993, it increased another 16
percent, to $97,907. He noted that the combined two-year increase of 34 percent is close to the
eercentage increase for rents. He noted that the low end of the labor market has not had any
substantial wages increases during that time; and this trend has resulted in a larger percentage of
the population not being able to rent or buy.
Mr. Klingensmith stated that his experience with Habitat for Humanity has shown him that
sometimes it takes tough love to make a project practical and beneficial for everyone concerned.
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He noted that the information the organization has gathered and the criteria that it uses can be
valuable to this group, and help to ensure the success of the project.
Rev. Beaulieu, Holy Rosary, stated he has been at the church, which has approximately
650 families, for three years. He stated that during this period of time, he has witnessed increased
.demands for housing and the number of people who are requesting assistance because of increased
rents. He stated that when he was invited to participate in this project, he submitted it to the
council and congregation; and the response in money was the largest single collection he has seen
in this church. He then forwarded his wholehearted support for this project.
Rev. Charles Wilming, Pastor of the First Presbyterian Church and Vice President of the
Board of Directors for the Interfaith Housing, stated he will be submitting this issue to his church
on Thursday night. He stated his personal support for the project, noting his hope that his church
will agree. He then stated that before he moved to Bozeman six years ago, he lived in Eugene,
Oregon, for eighteen years. He stated that the Presbytery there constructed 80 units of low-
income housing, which recently celebrated its twentieth anniversary. He noted that churches
should not compete with business interests; however, he noted there does not seem to be
.sufficient profit in low-income housing projects to entice private individuals. He reiterated his
interest in this project and encouraged Commission approval.
Ms. Oshi Simsarian stated she is a counselor and a member of the Board for Interfaith
Housing. She indicated support for the nine-unit project, noting that she frequently sees the need
for housing. She informed the Commission that she often works with very desperate people; and
they find it extremely difficult to be productive when in such crisis. She stated that she is serving
on the selection committee, which is in the process of establishing criteria. She stated their intent
to select people who are willing to become involved in the project and invest time in maintenance
and upkeep of the site.
Ms. Simsarian stated that one of her tasks as a Board member has been to talk to the
neighbors in that area. She stated that frequently voiced concerns revolve around the stereotype
eOf a low-income person, which includes stealing, vandalism and making noise. She stated that with
the accountability that they intend to emphasize, these problems should not occur. She also
indicated that she has given her telephone number to many of the residents in the area and
encouraged anyone encountering problems with residents of the project to call her.
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Ms. Simsarian noted that she is pleased residents of the neighborhood were willing to talk
to her openly and share their concerns. She suggested that since the neighbors are willing to talk
about their concerns, they may also be willing to become involved with the project and help the
residents to be a part of the community. She then encouraged Commission approval of this
_roject. indicating it will hopefully be a model project with more developments to follow.
Mr. Verne Klingensmith stated the tax law changed a few years ago, so that the incentive
for the private sector to develop rental properties no longer exists. He suggested that, until the
laws change to re-institute the old tax breaks, the lack of rental housing will probably remain.
Mr. Rob Burda, 1114 South Black Avenue, stated he is an architect working with architect
Ron Hess on this project. He presented a model of the project to the Commission, stating he is
excited about working on a low-income housing development. He reviewed the model, noting the
efforts that have been made to enhance the appearance of the structures and the site. He stated
that the plantings are to be at essentially two levels, with lower trees being planted within the site,
many of them to provide fruits, and taller trees in the boulevard. He noted the simplicity of the
structures, stating he feels that helps them blend into the neighborhood and enhance the mountains
.in the background.
Mr. Ron Hess, architect of record, stated he served as the architect of record on the
homes recently constructed by the Habitat for Humanity. He noted that minimal design criteria and
standards are used when developing plans for this type of housing; and that typically provides a
design that is compatible with the area. He observed that there has been considerable discussion
about the Peach Street facades and the lack of windows in that end. He noted that when
designing low-cost housing, the rooms are typically of minimum size; and the placement of
windows can dramatically impact the usability of that space. He stated, therefore, they are very
selective about where windows are placed; and that accounts for the minimum number of windows
on the southern elevations.
Mr. Les Knox, member of the Board of Directors for Interfaith, stated he is appearing in
.upport of this application.
Ms. Roxanne Klingensmith, 2571 Butch Cassidy Drive, stated she works for the Job
Service, with job training being her primary function. She stated that, as such she often works
with low-income people; and one of their basic needs is adequate housing. She indicated her
support for this project, encouraging Commission approval.
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Rev. Terry Halstead, Grand Avenue Christian Church, noted that the $10,000 commitment
from their church is a large one for a church to make.
Ms. Ruth Steele, 513 North 4th Avenue, stated she had submitted a letter to the Planning
Board and the City Commission raising several issues and concerns that she feels need to be
.ddressed. She applauded the efforts of the various churches and the Interfaith board to address
the issue of low-income housing; however, she noted this project is to be constructed in her
neighborhood, not in the neighborhood of anyone serving on the board.
Ms. Steele noted the only access to this proposed development is to be from Peach Street
via North 4th Avenue, which is actually a glorified driveway. She noted the heavy traffic load
which Peach Street already carries, indicating it will often be difficult for residents of this
development to get onto the street. She also noted the lack of crossing guards at Whittier School,
and the impacts that children from the proposed development may have on the school. She also
questioned whether the Fire Department can adequately access the site, noting that is one of the
issues which surfaced when an office complex was contemplated on this property a few years ago.
Ms. Steele then addressed the design of the proposed structures, stating that it will not
.e attractive from her house across the street. She also expressed concern about the proposed
play area in the front yard close to Peach Street, and the potential for safety problems. She noted
the majority of the homes in that area are single-family homes which people have attempted to
maintain; and she is not sure that trying to design a structure that looks like a "rundown 1940's
home" is necessarily a compliment to the neighborhood.
Mr. William Vanderbos stated he owns the property at 524 North 4th Avenue. He
concurred with Ms. Steele's assessment that North 4th Avenue will actually be a driveway, with
all of the traffic exiting onto West Peach Street. He noted that with the traffic backed up at the
stop light on North 7th Avenue, this could result in gridlock at certain times of the day. He also
expressed concern about the potential of vehicles parking on Peach Street in front of this
development.
. Mr. Vanderbos also expressed concern about the play area in the front yard, and the
potential that a child may be hit by a vehicle if extreme care is not taken. He also noted that, with
the noise from the street, the front yard is typically not an attractive or friendly place to be. He
stated that, while the idea of providing housing for low-income families is commendable, he is not
certain that this is the appropriate location; and the neighborhood concerns are genuine.
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Ms. Mary Cain Lathrop, 616 North Willson Avenue, stated her concerns are similar to
those expressed by Ms. Steele and Mr. Vanderbos. She noted that they all reside in this
neighborhood; those who have spoken in favor of the application do not. She stated that her
primary concerns revolve around crime. She noted that this project will create a third subsidized
.roject within a five or six block radius, the others being Greenwood Plaza at 802 North Grand
Avenue and the Heritage housing project at the corner of West Lamme Street and North Willson
Avenue. She then noted the Habitat for Humanity project at the corner of North Grand Avenue and
East Peach Street, characterizing that as a good project. She concluded by asking the Commission
to adhere to the zone code and to give the neighborhood assurances that their concerns will receive
careful attention.
Responding to Commissioner Frost, Mr. Hess stated the play equipment is to be located
behind a two-foot-high concrete wall. He stated this wall is designed to not only keep children in,
but to provide a place for the parents to sit and watch the children. He also noted it is designed
to serve as a community gathering spot; and he is proposing landscaping which will protect and
enhance the center spine of the project.
. Commissioner Vincent noted the question of access onto Peach Street has been raised
several times. He noted the traffic load that the street carries, particularly during rush hours,
primarily because it is the street that has the stop light on North 7th Avenue. He further noted the
concern about lack of a crossing guard at the Whittier School, which is a definite safety issue. He
then addressed the proposed play area, stating his interest in making that a safe and pleasant area
to be.
I
Commissioner Vincent noted the lack of windows in the south end of the structure, asking
if the idea of passive solar had been considered. He noted this might require a change in
orientation of the structures, to maximize the southern exposures.
Mr. Ron Hess responded that passive solar was considered. He noted, however, that
ahen considering the greatest benefits for the nine-unit project as a whole, the model represents
hat was determined to be the most appropriate design.
Responding to Mayor Swanson, Mr. Hess stated he does not anticipate that residents of
the project will park on West Peach Street.
Responding to Mayor Swanson, Ms. Simsarian stated she would be willing to work with
the tenants in an effort to avoid parking along West Peach Street. She then asked about the
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possibility of the City designating that portion of the street as a "no parking" area, and installing
the appropriate signage. She stated that she has observed many children playing along Peach
Street, noting they don't seem to be as concerned about traffic noises as adults are. She noted,
however, that she does support the ideal of enclosing the play area to ensure that the small
.Children do not have access to Peach Street.
Mr. Nick Davis forwarded his closing comments, emphasizing the need for low-income
housing. He noted the problems that have been encountered in others communities, such as Aspen
and Boulder, Colorado, and their attempts to now address the issue of affordable housing. He
noted that the subject parcel is attractive for this type of project, particularly with its proximity to
shopping, parks and schools.
Responding to Mayor Swanson, Planning Director Epple suggested that the installation of
a traffic signal at the intersection of North 7th Avenue and West Tamarack Street should occur
within the next two years. He then estimated that the extension of Oak Street may occur in three
to five years.
Responding to Commissioner Frost, Assistant Planning Director Arkell stated the Fire
eoepartment has not indicated any concern about gaining access to the proposed project. She
stated that if the fire hydrant is not located so that it is within 150 feet of all points of the
buildings, it may be necessary to install another fire hydrant.
Responding to Mayor Swanson, Planner Arkell reviewed the issues of open space in a
planned unit development and how the allowable density in a zoning district is determined. She
indicated that a planned unit development usually involves a mixed use or an out-of-district use;
however, in this instance, it is a residential use in a residential zone. She stated, therefore, the
extra open space would result in a project that is not compatible with the surrounding
neighborhood. She then reviewed how densities are calculated, noting that when fractions occur,
staff typically rounds up because fractions of dwelling units cannot be constructed. She stated
that the Planning Board concurs with that method of applying the code provisions.
. At Commissioner Frost's request, the Planner reviewed the off-street parking requirements.
She stated that to help ensure afford ability, staff felt it appropriate to approve the applicant's
proposal to provide two parking spaces per unit rather than the 2.2 parking spaces listed in the
code. She noted that this does not allow for guest parking; however, she suggested that North
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4th Avenue, along this site, will be available for parking. She also noted that low-income families
often cannot afford two vehicles, so there may be some empty spaces in the parking lot.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public
hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being
.commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor
Swanson; those voting No, none.
Mayor Swanson closed the public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
customary one-week waiting period for land use decisions be waived. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent,
Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none.
Commissioner Vincent stated an interest in discussing the possibility of additional
landscaping to mitigate the appearance and height of the southern exposure of the buildings, and
the possibility of adding a condition regarding enclosure of the play area. He noted that the
proposed landscaping will provide some nice screening after twenty years; however, he is
.concerned about the tall exposures now.
Assistant Planner Director Arkell stated that was a concern of the staff's architectural
reviewer; and his summary discusses that issue briefly. She stated that, as a result of those
concerns, the DRB and the Planning Board added a condition requiring that foundation plantings
be provided adjacent to the street-facing facades and that street boulevard trees be required. She
also noted that, as a result of the staff review, a double-hung window in the middle of the second
floor on the south end was added. She then indicated that a fence is being required along the east,
north and west sides of the parking lot, to provide some screening of the parking lot from the
street.
Responding to further questions from Commissioner Vincent, the Planner stated that
1 %-inch caliper trees, which are approximately 8 to 10 feet tall, are necessary to meet landscape
.reqUirements.
Acting City Manager Brey cautioned the Commission that when staff was developing the
criteria regarding the size of trees required for landscaping, the landscape professionals informed
them that 1 %-inch caliper was the largest potted size they carry in stock and readily available. He
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noted that if larger trees are required, they will be much more costly and their success may not be
assured.
Commissioner Vincent asked if staff is satisfied that the play area is safe and secure.
Assistant Planning Director Arkell responded that the play area is designed to serve only
.s an amenity and an area for people to gather. She reiterated that staff recognizes this area is not
- . large enough to serve as a playground, but that the residents will need to utilize the public facilities
that are available close by. She then stated that fencing off the front area from the street would
ensure the safety of the younger children.
Commissioner Vincent noted how quickly a young child can move or disappear. He voiced
his extreme concern that to not fence the front area could result in tragedy if a child were to run
into the street.
Responding to the Mayor, City Attorney Luwe stated that if the Commission approves this
application as recommended by the Planning Board, it will automatically determine that this project
provides the appropriate amount of open space to be compatible with the neighborhood and will
determine that the requested density bonus is appropriate. He noted that the Commission will need
eto revise Condition No. 15 if it feels that 18 parking spaces are adequate.
Commissioner Vincent noted the definite need for low-income housing projects and the
limited spaces available in Bozeman for such projects. He stated that until Oak Street is extended
and a stop installed at the Tamarack Street/North 7th Avenue intersection, traffic on Peach Street
cannot be mitigated. He stated that he does not believe traffic from this project will dramatically
impact the current traffic problems on Peach Street, although he noted it may sometimes be
difficult for them to get onto the street. He noted his concern about the lack of a crossing guard
at the Whittier School, suggesting that with this development, it may be appropriate for the
applicants to approach the School District to determine if it would be appropriate to hire one
because of the intensity of traffic during rush hours.
Commissioner Vincent suggested that some temporary methods of mitigating the impacts
- et the southern exposures may be possible until the vertical vegetation takes over, encouraging the
applicants to pursue such alternatives. He then reiterated his concerns about the lack of fencing
in the front yard.
Commissioner Vincent forwarded his belief that low-income people are good people. He
suggested that to allow a resident of the neighborhood to serve on the board for this housing
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project could help to ensure that this project is a successful one and allow the residents to gain
neighborhood confidence.
Commissioner Knapp stated her support for the project, stating it is a step toward
addressing the issue of affordable housing in Bozeman. She stated appreciation for the work which
.he architects have done on the project, in an attempt to make it as attractive as possible while
addressing the issue of affordability.
Commissioner Frost stated he supports the project, although he recognizes the concerns
which have been raised by the public. He noted the importance of making the North 7th
Avenue/Tamarack Street traffic signal a high priority, to alleviate some of the traffic on Peach
Street. He then stated his interest in seeing a fence constructed in the front yard area to minimize
the potential of small children running into the street.
Commissioner Stiff stated his support for this project. He then noted this project
represents the start of an effort to address the issue of affordable housing. He acknowledged the
concerns raised by those who have testified, particularly with this type of project. He then
challenged the Interfaith Housing board to look at sites in other areas of the community for their
.ext project, indicating he would have to think long and hard before considering approval of a
second project in this same area.
Mayor Swanson noted his concern about the traffic issues. He noted that a similar
proposal off West Babcock Street resulted in even stronger efforts to address the intersection of
West Main and West Babcock. He suggested that, hopefully, this project will attract attention to
the problem on Peach Street and possibly result in hastening the installation of a traffic signal at
North 7th Avenue and Tamarack Street.
Mayor Swanson stated that, while he doesn't really like the south side of this project, he
understands the reasoning. He further noted that when viewing the project from the west and the
east, it is a pleasantly simple structure that he feels will enhance the neighborhood. He concurred
in Commissioner Vincent's interest in seeing the southern exposure broken up. He then indicated
.is support for this project.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission approve the conditional use permit for a planned unit development requested by
Bozeman Interfaith Housing, Inc., under Application No. Z-9311 0, to allow the development of nine
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residential housing units in two buildings for low- and moderate-income families on Lots 5 and 6,
Block 1, Westlake's First Addition, subject to the following conditions:
1. That, due to the utilization of the density bonus, the applicant shall
provide documentation that demonstrates perpetual affordability of the
units for review and approval by the Planning staff prior to final plan
approval;
. 2. That the building facades facing West Peach Street shall include the
addition of one double-hung window in the center of the second floor
! of each building. The entries on the easternmost facade shall be
buffered either by a fence that matches the others proposed for the site
or by a hedge;
3. That foundation plantings (shrubs, flowers, etc.) shall be provided
adjacent to the street-facing facades. Street trees shall be provided per
Section 18.50.100.D.5(e), Street Frontage Landscaping Required, of
the zoning ordinance. A boulevard planting detail shall be provided
with the final plan which complies with the Engineering Department
standards. Root barrier material shall be used.
Drive approach and
public street intersection sight triangles shall be free of plantings which,
at mature growth, will obscure vision within the sight triangles;
4. That screening shall be provided along the east, west and north edges
of the parking area (fence or plants). A large tree shall be provided in
the landscaped island at the northeast corner of the site. All landscape
areas shall be irrigated in accordance with Section 18.50.1 00.D.5(i) of
the zoning ordinance (page 137). The method of irrigation shall
be
illustrated or noted on the final plan. The landscape schedule on the
. final plan shall list the minimum plant sizes at the time of installation,
and shall comply with the acceptable landscape materials listed on page
136 of the ordinance;
5. That an outdoor recreational amenity/fixture that is appropriate to the
scale and programmatic requirements of the development shall be
provided;
6. That revised plans, including
elevations of all facades, which
incorporated Condition Nos. 2 through 5 shall be subject to review and
approval by staff prior to final plan approval;
7. That the final plan shall be adequately dimensioned. Existing facilities
shall be distinguished from proposed improvements (Le., infrastructure).
Two disabled parking stalls shall be provided, with each stall being a
minimum of 13 feet wide. The stalls shall be signed as such and a sign
detail shall be provided on the final plan;
8. That the parking area shall be paved and curbed per Section 18.50.120
of the zoning ordinance (pages 151-152). Typical curb details
(Le.,
raised and/or drop curbs) and typical asphalt paving section details (for
. the parking lot) shall be provide and approved by the City Engineer.
Curbing shall be provided around the entire parking lot perimeter and
adequately identified on the final plan. The parking stall length shall
comply with code standards, i.e., 18-foot-lon9 stalls with curbs at the
"nose end" shall be provided with a 2-foot overhang for a total length
of 20 feet;
9. That a stormwater drainage/retention grading plan and maintenance
plan for a system designed to remove solids, silt, oils, grease and other
pollutants must be provided to and approved by the City Engineer. The
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plan must demonstrate adequate site drainage (including sufficient spot
elevations), stormwater detention/retention basin details (including
basin sizing and discharge calculations, and discharge structure details,
stormwater discharge designation, and a stormwater maintenance plan;
10. That the following street improvements shall be completed:
a. North 4th Avenue shall be designed and improved from
. West Peach Street to the centerline of the alley
immediately north of West Peach Street to a City local
street standard (37-foot width), including paving and
storm drainage facilities. Curb, gutter and
sidewalk
shall be installed on at least the east side of the street;
b. The alley immediately north of the subject property
shall be improved to a City gravel alley standard from
North 4th Avenue to the subject property's east
property line;
c. City standard dead end barrier and a concrete header
shall be installed on the north end of North 4th Avenue.
A City standard stop sign and dead end sign shall be
installed at West Peach Street on North 4th Avenue,
along with a street marker. City standard "no parking"
signs shall be installed by the City of Bozeman, at its
discretion, along the west (uncurbed) side of North 4th
Avenue; and
d. Prior to final
plan approval, the applicant shall
demonstrate that a professional engineer has been
. retained and given notice to proceed with the North 4th
Avenue street design;
11. That sewer and water services shall be shown on the final plan and
approved by the Water/Sewer Superintendent. City of Bozeman
applications for service shall be completed by the applicant;
12. That the location and size of existing water and fire hydrants, sewer
and storm sewer mains shall be properly depicted. Proposed
main
extensions shall be noted as proposed. In particular, the plan must
depict the limit of the existing storm sewer in North 4th Avenue. The
supply of adequate water supply for fire protection, as provided on the
final plan, must be reviewed and approved by the Fire Marshal prior to
final plan approval;
13. That the drive approach shall be constructed in accordance with the
City's standard approach (i.e., concrete apron, sidewalk section and
drop curb) and shown as such on the final plan. A City curb cut and
sidewalk permit shall be obtained prior to final plan approval;
14. That a City standard sidewalk shall be installed and properly depicted
. at the standard location (i.e., one foot off property line) on the North
4th Avenue and West Peach Street property frontages;
15. That the applicant shall provide eighteen (18) off-street parking spaces,
two (2) of which shall be designed and designated as disabled parking
spaces on the final plan;
16. That a bike rack shall be provided with the location noted on the final
plan;
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17. That adequate site lighting shall be provided and illustrated on the final
plan with sufficient details. All site lighting shall be in conformance
with Chapter 18.50 of the zoning ordinance. The Planning Office
suggests "low key" lighting, such as would be accomplished with
bollard type fixtures;
18. That the location of the garbage enclosure shall be acceptable to the
Street/Sanitation Superintendent, and a construction detail of the
'. garbage enclosure shall be provided on the final plan;
19. That seven (7) copies of the final plan containing all of the conditions,
corrections and modifications approved by the City Commission shall
be submitted for review and approved by the Planning Director within
six (6) months of the date of City Commission approval;
20. That the applicant shall enter into an Improvements Agreement with the
City to guarantee the installation of required on-site improvements at
the time of final plan submittal. Detailed cost estimates, construction
plans and methods of security shall be made a part of that Agreement;
21. That if occupancy of the structure or commencement of the use is to
occur prior to the installation of all improvements, the Improvements
Agreement must be secured by a method of security equal to one and
one-half (1 Y2) times the amount of the estimated cost of the scheduled
improvements not yet installed. Said method of security shall be valid
for a period of not less than twelve (12) months; however, all on-site
improvements shall be completed by the applicant within nine (9)
months of occupancy to avoid default on the method of security;
22. That a building permit must be obtained within one (1) year of final site
. plan approval. Building permits will not be issued until the final plan is
approved;
23. That within sixty (60) days of final completion of all site work, the
applicant's licensed architect or engineer overseeing the project shall
certify to the City-County Planning Department that all improvements
have been completed in accordance with the approved final plan;
24. That a sign permit must be obtained from the Building Department prior
to the installation of any sign on the property if a sign identifying the
development is desired;
25. That the right to use and occupancy permit shall be contingent upon
the fulfillment of all general and special conditions imposed on the
conditional use permit procedure;
26. That all of the special conditions shall constitute restrictions running
with the land use and shall be binding upon the owner of the land, his
successors or assigns; and
27. That all of the special conditions required by the City Commission shall
. be consented to in writing by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those
voting No, none.
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Break - 9:12 to 9:20 c.m.
Mayor Swanson declared a break from 9: 12 p.m. to 9:20 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
This was the time and place set for the public hearing on comprehensive revisions to the
subdivision regulations contained in Chapter 16 of the Bozeman Municipal Code, under Application
No. P-9333, prepared by the City-County Planning Staff.
Mayor Swanson opened the public hearing.
Planning Director Andy Epple presented the staff report. He stated that, attached to
Resolution No. P-9333, as adopted by the City-County Planning Board following its public hearing
on September 8, is "Exhibit A", which includes all of the proposed revisions to the Bozeman Area
Subdivision Regulations, as a result of the Subdivision Platting Act amendments which were
adopted by the 1993 Legislature.
The Planning Director stated that several of the revisions can be characterized as
eYPOgraPhiCal or grammatical changes, which he will skip in his presentation. He then highlighted
the substantive revisions, which include elimination of the provision for "occasional sale" from the
definition section and procedural section of the code; a change in the definition of "subdivision"
changes the reference on size of parcel from not less than 20 acres to not less than 160 acres;
limits the exemption for gifts or sale to member of the immediate family to not more than a single
parcel in a county; and replaces the eight public interest criteria for review of an application with
five different criteria upon which review is to be based.
Planning Director Epple stated that, although the Legislature did delete the eight public
interest criteria from the basis for review and the decision-making process, the five criteria that it
implemented re-enact most of them. He stated that the three public interest criteria that were
eliminated include basis of need, expressed public opinion and effects on taxation. He noted that
planners across the State are fairly confident that they will still be able to review subdivisions in
a manner similar to past practice under the five criteria that have been enacted.
The Planning Director stated that some of the provisions in the legislation became effective
immediately upon the Governor's signing of the bill, such as the elimination of the occasional sale
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and the change in definition of subdivision; and the remainder of tpe provisions will be effective for
all subdivisions submitted after September 30. He stated there is no mandate for local
governments to enact the provisions of this new legislation; however, the legislation takes
precedence over local regulations. He noted, therefore, it is preferable to have local regulations that
.re in compliance with the Subdivision and Platting Act.
The Planning Director stated that the Planning Board conducted its public hearing on these
amendments at its meeting held on September 8, after which it voted unanimously to approve the
amendments.
Responding to Commissioner Vincent, the Planning Director stated that as staff prepares
written findings for the Commission to consider when reviewing an application for subdivision, it
will present those findings in response to the five criteria set forth. He noted that, while the
Commission may consider points raised in public testimony that pertain to those five criteria, it
cannot deny a subdivision simply on the basis of expressed public input. He noted the perception
of some legislators and lobbyists that numerous subdivisions around the state have been denied
on the basis of public comment; although he noted that in reality that has not occurred in this
eurisdiction.
Further responding to Commissioner Vincent, the Planning Director stated that the
Commission must still weigh the criteria set forth in the statute. He noted, however, that balancing
of those criteria is left to the individual Commissioner. He then emphasized that the key in
reviewing applications is to ensure that responses to each of the criteria are articulated, so that the
written findings are defensible.
Responding to Commissioner Knapp, the Planning Director stated that the City and the
County have been operating under slightly different subdivision regulations. He noted that the
revisions adopted by the County were considered by the City, but were not brought back in
ordinance form and, therefore, are not a part of the City's regulations. He suggested that those
revisions could possibly be included in the ordinance adopting these amendments. He then stated
.liS intent to complete a more comprehensive review of the subdivision regulations, with additional
revisions to be submitted for consideration sometime during the winter.
Mayor Swanson thanked the Planning Director and his staff for the work they have done
on revising the subdivision regulations.
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No one was present to speak in support of or in opposition to the proposed revisions to
the subdivision regulations.
Acting City Manager Brey stated no written testimony has been received.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public
_earing be closed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor
Swanson; those voting No, none.
Mayor Swanson closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
customary one-week waiting period for land use decisions be waived. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff,
Commissioner Vincent, Commissioner Stiff and Mayor Swanson; those voting No, none.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission approve the comprehensive revisions to the subdivision regulations contained in
Chapter 16 of the Bozeman Municipal Code, under Application No. P-9333, prepared by the City-
.county Planning Staff, and authorize and direct staff to prepare an ordinance enacting those
revisions. The motion carried by the following Aye and No vote: thoS't voting Aye being
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor
Swanson; those voting No, none.
Adjournment - 9:38 D.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent,
Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting
No, none.
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ATTEST:
~S~AN
Clerk of the Commission
09-20-93
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