HomeMy WebLinkAbout11-26-07_June 18, 2007_2LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 18, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, June 18, 2007 at 6:00 pm. Present were Mayor
Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, Cr. Steve Kirchhoff, City
Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple,
Finance Director Anna Rosenberry, Assistant City Attorney Tim Cooper, and Deputy City Clerk
Cynthia Jordan Delaney.
0:16:59 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order.
0:17:02 B. Pledge of Allegiance and a Moment of Silence
0:18:00 Changes to Agenda
City Manager Chris Kukulski wanted to remove item G. "Special Presentation - Bozeman
Intermodal Facility Financing and Timeline (Pope, Rosenberry, and Goehrung)" and item H. 1.
"Award of Base Bid for Construction of the Bozeman Intermodal Facility (Goehrung)" from the
agenda because they are tied to the parking garage downtown. They are waiting for final approval
from the federal government for the $4 million grant, and have been advised not to go ahead with
the bid awards until the final approval. He anticipates that they will be appearing before the
Commission in the next 30 days.
0:19:53 C. Public Service Announcement - Fireworks (McLane)
0:20:04 Lt. Rich McLane, Bozeman Police Department
With Independence Day approaching, Lt. McLane gave guidelines for the legal and safe use of
fireworks.
0:22:42 D. Minutes - May 7, 2007 and June 7, 2007 Policy Meeting
0:22:47 Motion and Vote to approve the Minutes of May 7, 2007 and June 7, 2007.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Minutes of May 7, 2007
and June 7, 2007.
Those voting Aye being Crs. Becker, Rupp, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:23:05 E. Consent
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1. Authorize payment of claims (LaMeres)
2. Approve Resolution No. 4017, Genesis Business Park II Annexation #A-06003 (Skelton)
3. Provisionally adopt Ordinance No. 1703, Genesis Business Park II Zone Map Amendment
#Z-06133 (Skelton)
4. Authorize City Manager to sign Notice of Award for 2007 Landfill Sewer Service
Improvements (Johnson)
5. Approve Resolution No. 4028, Street Vacation Request for Portion of East Lamme Street
(Kerr)
6. Finally adopt Ordinance No. 1708, Davenport Zone Map Amendment #Z-06151 (Sanford)
7. Approve staff recommendations for the Mayors' Climate Protection Agreement Task Force
(MCPATF) (Baker)
8. Authorize City Manager to sign Notice of Award for the 2007 Street Improvements Contract
(Kerr)
9. Authorize City Manager to sign Water Pipeline and Access Easement and Agreement for
Woodhaven Village Condos (Heaston)
10. Authorize Contract for Floor Plan Drafting for Existing City of Bozeman Facilities
(Henderson)
11. Authorize City Manager to sign Public Access Easement for Library Approach (Kerr)
12. Approve Resolution No. 4029, Intent to Create Special Improvement Lighting District #698,
Alder Creek Subdivision Phases 4 and 5 (Shannon)
13. Authorize City Manager to sign Public Access Easement for Partridge Condos (Heaston) 14.
Approve Resolution No. 4031, Baxter Creek Growth Policy Amendment #P-07019
(Skelton)
15. Approve Resolution No. 4032, Schroeder Growth Policy Amendment #P-07016 (Knight)
0:23:14 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:23:37 Motion and Vote to approve Consent items E. 1-15.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve Consent items E. 1-15.
Those voting Aye being Crs. Rupp, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
0:23:53 F. Public Comment
Mayor Krauss opened public comment.
0:24:33 Wren Bade - Public Comment
Ms. Bade resides at 304 South 9th Avenue. She is very concerned about our parks and how they are
funded, especially Bogert Park. The tennis and basketball courts, which are in a state of disrepair,
are scheduled to become a parking lot. She said that Bozeman will lose a great resource for kids
who can't afford expensive sports. She said that the problem in our community is having to have
bake sales for skate parks and tennis courts. Revenue-generated sports need to put money back into
the community.
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0:27:51 Peter Rugheimer - Public Comment
Mr. Rugheimer resides at 1404 Story Mill Road. He stated that there will be a combined meeting
here in 1½ weeks that involves the City of Bozeman, Gallatin County, and the Montana Dept. of
Transportation to take public input for a master plan of transportation needs. On the north side of
town where he lives, Mr. Rugheimer stated that there are no sidewalks or bike corridors for kids to
get to the Boys and Girls Club or the Tae Kwon Do Club. What is the next step to making the
sidewalks and paths happen in the north end of town to access all the new developments? Is it
appropriate to have a representative of the City Commission be at this meeting to guide the efforts?
0:32:09 Mayor Krauss
Mayor Krauss responded that the Rouse Corridor is already in the Bozeman Area Transportation
Plan for the kind of improvements Mr. Rugheimer suggested, but they await the funding of the next
federal Transportation Bill in 2009 or 2010.
0:35:07 Public Comment closed.
Mayor Krauss closed public comment.
0:35:16 G. Special Presentation - Bozeman Intermodal Facility Financing and Timeline
(Pope, Rosenberry and Goehrung) REMOVED
Mayor Krauss stated that G. was pulled from the Agenda.
0:35:18 H. Action Items
0:35:19 1. Award of Base Bids for Construction of the Bozeman Intermodal Facility
(Goehrung) REMOVED
Mayor Krauss stated that H. 1. was pulled from the Agenda.
0:35:25 2. Rialto Building Site Plan/Certificate of Appropriateness/Change In Use #Z-
07019, opened and continued from May 14, 2007; continue to July 9, 2007 (Bristor)
0:35:29 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:35:42 Motion to open and continue to July 9, 2007 the Rialto Building Site Plan/Certificate
of Appropriateness/Change In Use #Z-07019.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to open and continue to July 9, 2007
the Rialto Building Site Plan/Certificate of Appropriateness/Change In Use #Z-07019.
0:36:43 Vote to open and continue to July 9, 2007 the Rialto Building Site Plan/Certificate of
Appropriateness/Change In Use #Z-07019.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, to open and continue to July 9, 2007
the Rialto Building Site Plan/Certificate of Appropriateness/Change In Use #Z-07019.]
Those voting Aye being Crs. Jacobson, Becker, and Mayor Krauss.
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Those voting No being Cr. Rupp.
The motion carried 3-1.
0:36:50 3. Schroeder Growth Policy Amendment #P-07016, opened and continued from
May 14, 2007 (Knight)
0:37:06 Martin Knight, Assistant Planner
Mr. Knight presented the staff report.
0:39:25 Susan Kozub, Applicant
Ms. Kozub, of Intrinsik Architecture at 111 North Tracy, added a brief history of the project and
stated that this area is compatible with residential uses.
0:41:22 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:41:46 Motion and Vote to approve the Schroeder Growth Policy Amendment with
contingencies listed on page 7 of our staff report.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the Schroeder Growth Policy
Amendment with contingencies listed on page 7 of our staff report.
Those voting Aye being Crs. Becker, Rupp, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
Contingencies:
1. The applicant shall submit, within forty-five (45) days of approval by the City
Commission, an 8½- x 11-inch or 8½- x 14-inch exhibit entitled "Schroeder Growth Policy
Amendment" to the Planning Department containing an accurate description of the property
for which the growth policy designation is being amended. The exhibit must be acceptable to
the Planning Department.
2. The resolution for the growth policy amendment shall not be drafted until the applicant
provides an exhibit of the area to be re-designated, which will be utilized in the preparation of
the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community
Plan.
0:42:15 4. Louis Zone Map Amendment #Z-07073 (Riley)
0:42:34 Doug Riley, Associate Planner
Mr. Riley presented the staff report.
0:47:18 Bill Lewis, Applicant
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Mr. Lewis resides at 1242 Thomas Drive. He stated that Thomas Drive will be a 27th collector, and
the area is growing. The R-4 units to the south are beautiful and have improved the area a lot. The
goals of the community are to allow for a large diversity of housing types and character, and he
commended the City Planning Department.
0:48:49 Public Comment
Mayor Krauss opened public comment.
0:49:02 Blair McGavin - Public Comment
Mr. McGavin resides at 1013 Thomas Drive, and he was a part of the Davenport-McGavin
Annexation to R-4. He has been asked to show Davenport's support for this amendment, as well as
the support of the neighbor to the north.
0:49:43 Public Comment closed.
Mayor Krauss closed public comment.
0:50:01 Motion to approve Zone Map Amendment #Z-07073 with the three recommended
contingencies listed in the report.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve Zone Map Amendment #Z-
07073 with the three recommended contingencies listed in the report.
0:52:30 Vote to approve Zone Map Amendment #Z-07073 with the three recommended
contingencies listed in the report.
[It was moved by Cr. Rupp, seconded by Cr. Jacobson, to approve Zone Map Amendment
#Z-07073 with the three recommended contingencies listed in the report.]
Those voting Aye being Crs. Rupp, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
Those abstaining being Cr. Kirchhoff.
The motion carried 4-0.
Contingencies:
1. The applicant shall submit a 24" x 36" mylar zone map titled "Louis Zone Map
Amendment," 8½-inch x 11-inch, or 8 ½-inch x 14-inch paper exhibit; and a digital copy of
the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the
preparation of the ordinance to officially amend the City of Bozeman Zoning Map. Said map
shall contain a metes and bounds legal description of the perimeter of the subject property(s),
total acreage of the property(s), and adjoining rights-of-way and/or street access easements.
2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description, including digital text copy, prepared by a
licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the
preparation of the ordinance to officially amend the zone map.
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3. With the original annexation and ZMA of these properties, the applicants/property
owners paid Cash-in-Lieu of Water Rights for respective zoning designations of R-S, R-1, and
R-3. With a new zoning designation of R-4, additional Cash-in-Lieu of Water Rights, or
equivalent, must be paid prior to approval of the Ordinance for the ZMA.
0:52:41 Mayor Krauss
Mayor Krauss recognized the arrival of Cr. Kirchhoff.
0:53:13 5. Resolution No. 4030, Police & Municipal Court Facility and Staffing Plans
(Tymrak)
0:53:31 Mark Tymrak, Director of Public Safety/Police
Chief Tymrak presented the staff report. He shared the updated plan for the Police Dept. regarding
the facility, municipal court, and a staffing analysis to address the proposed needs of the City of
Bozeman for the next 20 years.
0:55:54 Public Comment
Mayor Pro Tem Jacobson opened and closed public comment. No person commented.
1:08:23 Motion to adopt Resolution No. 4030 endorsing the Needs Assessment and Facility
Plan prepared by Carter Goble Lee, as well as the staffing methodology previously presented.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to adopt Resolution No. 4030
endorsing the Needs Assessment and Facility Plan prepared by Carter Goble Lee, as well as
the staffing methodology previously presented.
1:11:13 Vote to adopt Resolution No. 4030 endorsing the Needs Assessment and Facility Plan
prepared by Carter Goble Lee, as well as the staffing methodology previously presented.
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to adopt Resolution No. 4030
endorsing the Needs Assessment and Facility Plan prepared by Carter Goble Lee, as well as
the staffing methodology previously presented.]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
1:11:23 Motion to set a benchmark of 30 minutes of proactive time for the Bozeman Police
Department.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to set a benchmark of 30 minutes of
proactive time for the Bozeman Police Department.
1:12:06 Vote to set a benchmark of 30 minutes of proactive time for the Bozeman Police
Department.
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[It was moved by Cr. Jacobson, seconded by Cr. Becker, to set a benchmark of 30 minutes of
proactive time for the Bozeman Police Department.]
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
1:12:22 Mayor Krauss
Mayor Krauss declared a five minute break.
1:12:28 Break
1:23:50 6. Baxter Meadows Phase IV Preliminary Planned Unit Development/Conditional
Use Permit with Relaxations #Z-07049 (Windemaker)
1:24:07 Lanette Windemaker, Contact Planner
Ms. Windemaker presented the staff report of the Preliminary Plan for Phase IV of Baxter
Meadows. Baxter Meadows is asking for five relaxations.
1:27:50 Jason Leep, Applicant
Mr. Leep is with Potter Clinton Development, presenting on behalf of Baxter Meadows West LLC.
Their goal with Phase IV is to introduce an additional housing choice for residents of the area and
to get as many residents as possible into the area to encourage this commercial node to the north to
develop.
1:35:11 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:37:05 Motion to approve Baxter Meadows Phase IV Preliminary Planned Unit
Development/Conditional Use Permit with relaxations #1 thru #5, subject to the conditions of
approval and code provisions outlined in the staff report.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Baxter Meadows Phase IV
Preliminary Planned Unit Development/Conditional Use Permit with relaxations #1 thru #5,
subject to the conditions of approval and code provisions outlined in the staff report.
1:38:52 Vote to approve Baxter Meadows Phase IV Preliminary Planned Unit
Development/Conditional Use Permit with relaxations #1 thru #5, subject to the conditions of
approval and code provisions outlined in the staff report.
[It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Baxter Meadows Phase IV
Preliminary Planned Unit Development/Conditional Use Permit with relaxations #1 thru #5,
subject to the conditions of approval and code provisions outlined in the staff report.]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
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The motion carried 5-0.
Relaxations #1-5:
1. Section 18.42.040, Blocks; to allow block length to exceed 400 feet but not exceed 1,087
feet. See recommended condition #1 and #3.
2. Section 18.42.040, Blocks; to allow block width to be less than 200 feet or more than
400 feet in width. See recommended condition #2.
3. Section 18.42.150.C.5, Lighting; to allow local street light mounting heights to be less
than 25 feet. See recommended condition #4.
4. Section 18.44.050, Street and Road Right of Way Width and Construction Standards;
to allow a 55 foot right of way width for local streets. This relaxation was addressed by the
following Engineering condition with the Preliminary Plat - "The minimum right of way
width that would be supported by Engineering under a relaxation request would be 55’ with
the proposed 31’ wide street section. This would provide for 6’ wide boulevards for adequate
snow storage and planting area. If this relaxation is approved, the streets shall be privately
maintained, and shown as such on the final plat, as shall any streets that do not meet the
City’s design standards (i.e. roll over curb)."
5. Section 18.16.050.A, Yards; to allow a corner side yard (front yard) to be a minimum
of 10 feet. See recommended condition #5.
Conditions of Approval:
1. Due to topography, the presence of critical lands, access control, and adjacency to
open space, block lengths may exceed 400 feet but may not exceed 1,087 feet, and shall not
exceed 600 feet without a 30 foot right of way with pedestrian walkway.
2. Due to separation of residential development from traffic arterials and to overcome
specific disadvantages of topography and orientation, block widths may be less than 200 feet
or more than 400 feet in width.
3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide,
shall be required in Lot 12, Block 7 in alignment with the pedestrian walk bisecting Block 8
and extending across the spring ditch to intersect with the trail on the west side of the spring
ditch. Unless the pedestrian right-of-way is a minimum of 30 feet wide, the setback adjacent
to it shall be a minimum of 15 feet.
4. In keeping with the previous approved residential subdivisions within the Baxter
Meadows PUD, street light pole heights may be 17.5 feet within the interior of the subdivision.
Street light pole heights at interior street intersections with Vaquero Parkway shall be 20 feet.
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5. The corner side yard (front yard) setback of Lots 1 & 9, Block 3 and Lots 10 & 20,
Block 4 may be 10 feet.
6. A community center that is intended for use solely by the residents of this
development, and privately or jointly owned, is an accessory use, and as such would not be
subject to Section 18.40.210. Lot 11, Block 7 shall be designated for a community center for
the sole use of the residents of the development on the final plat, final PUD plan and in the
covenants. The community center shall be subject to site plan review in accordance with the
BMC.
7. The lots along Baxter Lane and Davis Lane shall have double-front architectural
features facing those roads as found on the front of the dwellings units, for example; covered
porches, varied roof lines, multiple façade materials, varied façade plane, and decorative
lighting. These architectural requirements shall be addressed and demonstrated in the
covenants/development guidelines.
8. Fences located in the side or rear yard setback of properties adjacent to any park or
open space shall not exceed a maximum height of 4 feet, and shall be of an open construction.
This requirement shall be addressed and demonstrated in the covenants/development
guidelines.
9. The development guidelines shall include thumbnail sketches to demonstrate
architectural requirements.
10. The owner shall execute and submit documents the following prior to final plan
approval:
a. A certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section 18.34.130.B.
b. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
11. That the right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit procedure
pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code.
12. That all of the special conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his successors or assigns, shall be consented to in writing, and
shall be recorded as such with the County Clerk and Recorder’s Office by the property
owner prior to the issuance of any building permits, final site plan approval or
commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman
Municipal Code.
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13. The final site plan shall comply with the standards identified and referenced in the
Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
14. The open space landscaping plans shall exceed the standards of Chapter 18.48, similar
to that demonstrated in Alternative C. The applicant should consider revising Alternative C
to include seating along the trail system and additional planting to break up the grassed areas
adjacent to Baxter Lane.
1:39:01 7. Baxter Meadows Phase IV Planned Unit Development Major Subdivision
Preliminary Plat #P-07011 (Windemaker)
1:40:45 Ms. Windemaker
Ms. Windemaker presented the staff report. She read the revised condition 13 relating to the fire
station site (this rewrite is in the revised memo dated June 18, 2007):
"Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be granted until an
appropriate fire station site within the area defined in the adopted Bozeman Fire Protection Master
Plan (i.e., between Flanders Mill Road and North 27th Avenue, and between Durston Road and
Baxter Lane) has been secured.
Subdivider shall enter into an agreement with the Fire Department whereby the Subdivider shall
design, construct, and warranty, the full design section of Vaquero Lane (less sidewalk on the south
side of Vaquero) including a temporary cul-de-sac, and the water main extension adjacent to and
along the frontage of the proposed fire station/911 center, located at the intersection of Vaquero and
Davis Lane in the Gallatin County Regional Park. The water main extension shall include a water
service stub to the site as directed by the City Engineering Department. Phase 1 infrastructure plans
shall include these improvements and the extensions will be made upon receiving a written request
from the City Fire Department."
1:44:11 Mr. Leep, Applicant
Mr. Leep expressed his concerns with conditions #5 and #13. As to condition #5, Restricted Size
Lots (RSL’s) were calculated wrong initially but have been corrected and resubmitted. He is asking
to strike the second sentence in condition #5 and allow them to meet the requirements of the UDO.
As to condition #13, they have reservations about the way the condition is worded now because
they can't affect the outcome of the fire station.
1:51:36 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:54:56 Tim Cooper, Assistant City Attorney
Mr. Cooper (and Ms. Windemaker) clarified that the second sentence of condition #5 has no
application if the revised plat has met the correct % of RSL’s.
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1:56:22 Motion to approve the application of #P-07011, subject to the conditions of approval
in Planning Board Resolution with condition 13 being the language submitted in the June 18
memo.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the application of #P-
07011, subject to the conditions of approval in Planning Board Resolution with condition 13
being the language submitted in the June 18 memo.
1:56:48 Cr. Jacobson
Cr. Jacobson wants to remove the second sentence of condition #5: "The additional RSL's not
identified as a single household detached dwelling unit on the preliminary plat shall be designated
as single household attached Restricted Size Dwelling Units within the multi family lot, Lot 12,
Block 7."
1:57:29 Amendment to Motion
It was moved by Cr. Becker, seconded by Cr. Jacobson, to remove the second sentence of
condition number #5: "The additional RSL's not identified as a single household detached
dwelling unit on the preliminary plat shall be designated as single household attached
Restricted Size Dwelling Units within the multi family lot, Lot 12, Block 7."
2:02:08 Vote on Amendment
[It was moved by Cr. Becker, seconded by Cr. Jacobson, to remove the second sentence of
condition number #5: "The additional RSL's not identified as a single household detached
dwelling unit on the preliminary plat shall be designated as single household attached
Restricted Size Dwelling Units within the multi family lot, Lot 12, Block 7."]
Those voting Aye being Crs. Jacobson and Becker.
Those voting No being Crs. Rupp, Kirchhoff, and Mayor Krauss.
The motion failed 2-3.
2:06:50 Mayor Krauss
Mayor Krauss feels the second paragraph commits to putting the fire station there (condition #13),
and they are far enough down the road with the siting of the fire station to leave the condition as
written.
2:10:21 Vote to approve the application of #P-07011, subject to the conditions of approval in
Planning Board Resolution with condition 13 being the language submitted in the June 18
memo.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the application of #P-
07011, subject to the conditions of approval in Planning Board Resolution with condition 13
being the language submitted in the June 18 memo.]
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
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Those voting No being none.
The motion carried 5-0.
Conditions of Approval:
1. The right-of-way widths of "A" Way and "B" Street shall not be less than 55' wide.
Any street with a ROW less than 60' wide shall be subject to the following conditions:
Per Section 18.44.020.A, all streets within the proposed development shall be dedicated
to the public.
Per Section 18.44.020.A.2.b, a permanent funding source, such as the levying of
assessments against all properties within the development, for street maintenance is
established and the funding levels will be adequate for all future private street maintenance.
Per Section 18.44.020.A.2.b, an executed waiver of right to protest the creation of
SIDs, or other perpetual legal instrument, acknowledging that the City will not assume
dedication and/or maintenance of the streets unless the street is brought up to City standards,
or the property owners have agreed to an assessment to fund improvements required to bring
the street up to City standards. The developer shall record the waiver, or other legal
instrument, at the time of final plat recordation, or prior to issuance of building permits if no
final plat recordation is required.
Per Section 18.44.020.A.2.c, documented proof of adequate maintenance funding and
scheduling, for all private streets, shall be provided, subject to Section 18.72.030.
2. Street light locations and specifications shall be provided to the City Engineer for
review and approval with the public improvements plans and specifications.
3. Street lighting SILD information shall be submitted to the Clerk of Commission
directly after Preliminary Plat approval in hard copy and digital form. The final plat will not
be deemed complete until the resolution to create the SILD has been approved by the City
Commission.
4. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and
shall always be provided unless written confirmation is submitted to the Planning
Department from ALL utility companies providing service indicating that front yard
easements are not needed.
5. Pursuant to Section 18.42.180, the subdivider shall ensure that a minimum of 10
percent of the net buildable acreage is dedicated to Restricted Size Lots (RSLs). The
additional RSL's not identified as a single household detached dwelling unit on the
preliminary plat shall be designated as single household attached Restricted Size Dwelling
Units within the multi family lot, Lot 12, Block 7.
6. Pursuant to Section 18.50.110, the developer shall install all trails/pathways. A
minimum of 25 foot wide public access easement shall be provided for all trail/pathway
corridors. Trail/pathway locations and specifications shall be provided to the City Engineer
for review and approval with the public improvements plans and specifications.
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7. Notes shall be included on the plat describing ownership and maintenance
responsibility for parks and/or open space, e.g.: public park, dedicated to the city and
maintained by the homeowners' association; and open space, public access, owned by the
landowners, maintained by the homeowners' association, etc.
8. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by
the City Engineer is due with the final plat.
9. A note shall be included on the plat describing park dedication for Lot 12, Block 7, e.g.
park dedication requirements have been met for 8 dwelling units per acre, the equivalent of a
total of 48 dwelling units; at the time of subsequent development, when net residential density
becomes known, park dedication requirements shall be met for any additional density in
accordance with the BMC.
10. The final plat shall include a notation that due to high ground water conditions in the
area full or partial basements are not recommended. Buildings proposed for construction
with crawl spaces or basements shall include Engineer Certification regarding depth of
ground water and soil conditions and proposed mitigation methods to be submitted with each
Building Permit.
11. Applicant shall provide a soils report, along with building plans, to the Building
Division, recommending types of foundations. If development shall occur in phases, the soils
report may address those lots within the proposed phase.
12. The final plat shall comply with the standards identified and referenced in the
Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
13. Final plat approval for Baxter Meadows Phase 4 Major Subdivision shall not be
granted until an appropriate fire station site within the area defined in the adopted Bozeman
Fire Protection Master Plan (i.e., between Flanders Mill Road and North 27th Avenue, and
between Durston Road and Baxter Lane) has been secured. Subdivider shall enter into an
agreement with the Fire Department whereby the Subdivider shall design, construct, and
warranty, the full design section of Vaquero Lane (less sidewalk on south side of Vaquero)
including a temporary cul-de-sac, and the water main extension adjacent to and along the
frontage of the proposed fire station/911 center, located at the intersection of Vaquero and
Davis Lane in the Gallatin County Regional Park. The water main extension shall include a
water service stub to the site as directed by the City Engineering Department. Phase 1
infrastructure plans shall include these improvements and the extensions will be made upon
receiving a written request from the City Fire Department.
14. The 100-year floodplain shall be delineated for the Spring Ditch along the entire
length of the subdivision. The floodplain shall be shown on the final plat. If the limits of the
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flooding encroach onto any proposed lots, minimum floor elevations for any structures on the
lots shall be specified.
15. Per Section 18.42.060.D.4 and 18.42.080.C, stormwater shall not be discharged into
irrigation ditches. One section of the preliminary plat application refers to the Spring Ditch
as a Stream/Ditch, while another just a ditch. Evidence of the current classification shall be
provided and the stormwater dealt with accordingly.
16. Vaquero Parkway shall be constructed to meet the 35' back of curb to back of curb
local street standard as shown in the Greater Bozeman Area Transportation Plan 2001
Update. The entire street section exclusive of the sidewalk on the adjoining properties side of
the right of way shall be constructed.
17. Warrants must be met in order to install the three way stop control at Vaquero and
C Street as stated in the preliminary plat approval.
18. A 1' No Access Strip shall be shown on the plat along the entire lot frontage of Davis
Lane and Baxter Lane.
19. All street light poles shall be installed a minimum of 10' from any water or sewer
main or appurtenance.
20. Each phase of the subdivision shall have a minimum of two separate water main
feeds. Single source loops created by phasing will not be allowed.
21. The sidewalks adjacent to Baxter and Davis/Fowler shall be 6'wide, and shall be
installed at the time the street improvements are done.
22. The minimum right of way width that would be supported by Engineering under a
relaxation request would be 55' with the proposed 31' wide street section. This would provide
for 6' wide boulevards for adequate snow storage and planting area. If this relaxation is
approved, the streets shall be privately maintained, and shown as such on the final plat, as
shall any streets that do not meet the City's design standards (i.e. roll over curb).
23. Water and Sewer stubs shall be provided to the lot to the west of Vaquero Parkway.
24. The property owners dependent on the sewage lift station shall be responsible for
financing the costs of its operation and maintenance, which will be the responsibility of the
City. The applicant shall agree in writing to a surcharge to cover the costs of operating and
maintaining the lift station. The agreement shall be filed with the final plat and shall apply to
all heirs, successors, and assigns. The agreement shall be subject to approval by the City
Engineer and the City.
2:11:11 8. Conditional Use Permit to Modify Legends at Bridger Creek II Planned Unit
Development with Relaxation #Z-07086 (Windemaker)
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2:11:56 Ms. Windemaker
Ms. Windemaker presented the staff report.
2:16:22 Van Bryan, Applicant
Mr. Bryan is with Studio Architects, representing the applicant. He wanted to restate that the
density (the overall number of lots within the subdivision) has not changed, nor has the original
number of RSL's. They are simply trying to shift a number of lots over to have multiples of two to
make duplexes. That has adjusted the overall lot sizes slightly.
2:17:55 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:19:01 Motion and Vote to approve the CUP to modify Legends at Bridger Creek II Planned
Unit Development with relaxation #1 subject to the conditions of approval and code
provisions outlined in the staff report.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the CUP to modify
Legends at Bridger Creek II Planned Unit Development with relaxation #1 subject to the
conditions of approval and code provisions outlined in the staff report.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those
voting No being none. The motion carried 5-0.
Relaxation #1:
1. Section 18.16.040, Lot Area and Width; to allow lots to have a minimum area of 4,593
square feet.
Conditions of Approval:
1. The relaxation to allow a lot area minimum square footage of 4,593 square feet shall
be restricted to the 22 lots intended for single-household attached duplex townhouses.
2. Plans showing the location, size, and number of all sewer and water services with the
revised lot layout shall be submitted to and approved by the City Engineer and Water/Sewer
Superintendent. No building permits shall be issued prior to the installation and acceptance
of all service stubs.
3. Easements along the common property line between lots shall be provided where any
service is closer than 10' to the common line.
4. The location of all existing and proposed private utilities and appurtenances must be
shown on the service line plans.
5. The owner shall execute and submit the following documents prior to final plan
approval:
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a. A certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section 18.34.130.B.
b. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
6. That the right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit procedure
pursuant to Section 18.34.100.C.1 of the Bozeman Municipal Code.
7. That all of the special conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his successors or assigns, shall be consented to in writing, and
shall be recorded as such with the County Clerk and Recorder's Office by the property owner
prior to the issuance of any building permits, final site plan approval or commencement of
the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Municipal Code.
8. The final site plan shall comply with the standards identified and referenced in the
Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
2:19:28 9. Baxter Creek Development Growth Policy Amendment #P-07019 (Skelton)
2:20:24 Jody Sanford, Senior Planner
Ms. Sanford presented the staff report.
2:32:01 Eric Nelson, Applicant
Mr. Nelson is representing the Floweree Family Partnership and the owners of the property as well
as the ThinkTank Design Group. He respectfully disagreed with some of the points made by
Planning staff, and reviewed the four review criteria and why they feel these changes are necessary.
2:44:11 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:51:18 Motion to approve the Baxter Creek Development Growth Policy Amendment
Application #P-07019.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the Baxter Creek
Development Growth Policy Amendment Application #P-07019.
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2:52:54 Vote to approve the Baxter Creek Development Growth Policy Amendment
Application #P-07019.
[It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the Baxter Creek
Development Growth Policy Amendment Application #P-07019.]
Those voting Aye being none.
Those voting No being Crs. Jacobson, Becker, Rupp, Kirchhoff.
The motion failed 0-5.
2:53:08 Mayor Krauss
Mayor Krauss declared a ten minute break.
2:53:11 Break
3:09:02 10. Provisional Adoption of Ordinance No. 1710, Amending the Bozeman
Municipal Code by Revising Title 17 and Adding a New Chapter to be Numbered Chapter
17.02; Providing for a New Title for Housing and a New Chapter for Workforce Housing
(Brey)
3:09:09 Ron Brey, Assistant City Manager
Mr. Brey presented the staff report.
3:23:04 Public Comment
Mayor Krauss opened public comment.
3:23:10 Mary Vanthull - Public Comment
Ms. Vanthull resides at 416 East Story Street. She hopes that since the diminishment of parkland is
in the Ordinance, that wording could be added to reassure all the people who care very much about
park land, open space, and trails that the Commission isn't losing sight of that by passing this
Ordinance. She wants the Commission to make a positive statement on the record affirming their
support that the wetlands on the east side of town should remain as open space, and to support a
park along the stream setback on the Mandeville property in conjunction with the state land next
door.
3:25:34 Brian Caldwell - Public Comment
Mr. Caldwell resides at 733 South Tracy. He wanted to point out substantial deficiencies in the Bay
Area Economic report and their review of the Workforce Housing Ordinance. They incorrectly
calculated the number of workforce housing units. He explained how workforce housing units
actually should be calculated. The ordinance will create more affordable units than a 10%
calculation. It was the intent of the task force to meet or exceed the Commissions' expectations.
3:30:11 Jim Walseth - Public Comment
Mr. Walseth resides at 603 West Babcock. He complimented the City Commission for their
professionalism. As a lay person, he supports workforce housing. There isn't a large crowd tonight
because people recognize the importance of it. He stated that building and development aren't the
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only industries here, and people come because of the amenities including affordable housing. It is
appropriate for the Commission to take steps to maintain the long-term health of the community
and a good business environment for everyone, and not just to take away the risks of developers.
3:33:14 Public Comment closed.
Mayor Krauss closed public comment.
4:01:47 Mr. Brey
Mr. Brey read back the Commission's suggestions and provisions from tonight: consider adding in
the "Whereas" section a 2020 Plan reference and data regarding the current AMI and average
housing costs, amend 17.02.080 C and D for an appeal process, put hardship language in the
"Waiver" section with criteria to come later, and he will send out an email to the Workforce
Housing Task Force tomorrow identifying the concerns about the double dip and seeking
clarification as to their intent for the final adoption two weeks from tonight were the Commission
to pass this tonight with these provisions.
4:09:49 Motion and Vote to suspend the Rules and continue this meeting past 10 pm.
It was moved by Cr. Becker, seconded by Cr. Rupp, to suspend the Rules and continue the
meeting past 10 pm.
Those voting Aye being Crs. Becker, Jacobson, and Mayor Krauss.
Those voting No being Crs. Rupp and Kirchhoff.
The motion failed 3-2 (need a super majority).
Cr. Kirchhoff changed his vote to Aye.
The motion carried 4-1.
4:20:00 Motion to provisionally adopt Ordinance No. 1710 and direct staff to return to the
Commission on July 2, 2007 for final presentation and final approval, amending Section
17.02.080, (deleting) the last sentence of Section F1.
It was moved by Cr. Becker, seconded by Cr. Rupp, to provisionally adopt Ordinance No.
1710 and direct staff to return to the Commission on July 2, 2007 for final presentation and
final approval, amending Section 17.02.080, (deleting) the last sentence of Section F1: "In
addition, the documented costs of major improvements necessary to maintain the good
condition of the house shall be reimbursed at closing."
4:23:44 Amendment to Motion
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to include the 2020 Plan statement
in the "Whereas" section, the data regarding AMI and median home prices for our area, the
ability to request a waiver from the absence requirement being no more than a year (finding
some hardship), and adding the word "hardship" in the "Waiver" section.
4:27:07 Vote on Amendment
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[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to include the 2020 Plan
statement in the "Whereas" section, the data regarding AMI and median home prices for our
area, the ability to request a waiver from the absence requirement being no more than a year
(finding some hardship), and adding the word "hardship" in the "Waiver" section.]
Those voting Aye being Crs. Kirchhoff and Jacobson.
Those voting No being Crs. Becker, Rupp, and Mayor Krauss.
The amendment fails 2-3.
4:27:20 Amendment to Motion
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that unless it can somehow be
demonstrated between this and the second reading that there is no double dipping going on
that under 17.02.060, Cost Offsets A1: "The reduction in parkland 1:1 ratio" should be
stricken.
4:31:01 Vote on Amendment
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that unless it can somehow be
demonstrated between this and the second reading that there is no double dipping going on
that under 17.02.060, Cost Offsets A1: "The reduction in parkland 1:1 ratio" should be
stricken:
"The reduction of parkland for WHU shall be a 1:1 ratio based on the required square
footage of the lot area. For example, if 50,000 square feet of WHU lots are required then
there shall be a reduction in the required parkland area of 50,000 square feet. If the
developer chooses to develop more than the required WHU lots the additional lot area square
footage, above the required, shall not reduce the parkland area in excess of the required. The
reduction of parkland shall be allowed for WHUs and/or lots provided offsite but only to the
extent of the required WHU lot area for the development applying for this parkland offset
and only applied on the site of the development applying for the parkland offset."]
Those voting Aye being Crs. Kirchhoff and Jacobson.
Those voting No being Crs. Becker, Rupp, and Mayor Krauss.
The motion failed 2-3.
4:37:14 Vote to provisionally adopt Ordinance No. 1710 and direct staff to return to the
Commission on July 2, 2007 for final presentation and final approval, amending Section
17.02.080, (deleting) the last sentence of Section F1.
[It was moved by Cr. Becker, seconded by Cr. Rupp, to provisionally adopt Ordinance No.
1710 and direct staff to return to the Commission on July 2, 2007 for final presentation and
final approval, amending Section 17.02.080, (deleting) the last sentence of Section F1: "In
addition, the documented costs of major improvements necessary to maintain the good
condition of the house shall be reimbursed at closing."]
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Those voting Aye being Crs. Becker, Rupp, and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Jacobson.
The motion carried 3-2.
4:38:34 11. Provisional Adoption of Ordinance No. 1709, Workforce Housing Revisions to
Title 18 of the Bozeman Municipal Code, Unified Development Ordinance (Brey)
4:39:02Mr. Brey
Mr. Brey presented the staff report.
4:48:53 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:49:21 Motion to provisionally adopt Ordinance No. 1709.
It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to provisionally adopt Ordinance
No. 1709.
4:50:52 Vote to provisionally adopt Ordinance No. 1709.
[It was moved by Cr. Kirchhoff, seconded by Cr. Becker, to provisionally adopt Ordinance
No. 1709.]
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 4-0.
4:51:02 I. FYI/Discussion
4:51:31 Cr. Becker
Cr. Becker asked if abandoned buildings, such as Hardee's, are required to cut their grass and
control their weeds. He wanted a Code Enforcement Officer to take a look.
4:52:05 J. Adjournment
Mayor Krauss adjourned the meeting.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
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PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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