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HomeMy WebLinkAbout1987-04-27 167 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 27, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room. I Municipal Building, April 27, 1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel. Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes Mayor Mathre noted the minutes of the April 20, 1987, Commission meeting have not been completed. She then requested that the Commission defer action for a period of one week. Open bids - construction of 1986 Sidewalk Program This was the time and place set to open the bids for the construction of the 1986 Sidewalk Prog ram. The affidavit for the "Call for Bids" was presented. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the bids for construction of the 1986 Sidewalk Program be opened at this time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No. none. The following bids were then opened and read aloud: Base Bid Special Costs Total Bid I Norbert Herauf Masonry and Concrete Livingston, Montana License No. 3553A $149,037.78 $ 6,186.00 $155.223.78 Concrete Specialties, Inc. Bozeman, Montana License No. 4215A $120,269.68 $ 5,935.00 $126.204.68 Northwest General Construction Company, Inc. Belgrade. Montana License No. 5461 A $147,915.06 Negotiable $147,915.06 It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission refer the bids to staff for review and a recommendation to be submitted at the appropriate time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel. Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. This was the time and place set for the following: (1) a continued public hearing on a I Conditional Use Permit for the Southwood Center Planned Unit Development; (2) a continued preliminary plat review of the Amended Subdivision Plat for Lot lA. Block 6 of the Amended Subdivision Plat of Thompson's Fourth Addition; (3) a continued public hearing on a Conditional Use Permit for the Southwood Center Day Care Center; and (4) a continued public hearing on a Conditional Use Permit for the Southwood Center Convenience Store. All four items are requested by Clair Daines for Southwood Partners; and the subject parcel is located along the north side of Kagy Boulevard between South Tracy Avenue and South Willson Avenue. (1) Mayor Mathre opened the continued public hearing on the Conditional Use Permit re- quested by Clair Daines on behalf of the Southwood Partners for the Southwood Center Planned 04-27-87 163 Unit Development. City Manager Wysocki noted that several concerns were registered at last week's meeting. He then suggested that during the decision-making process on these four items, the Commission may wish to add conditions that the protective covenants and developmental guidelines be amended to require that the catch basin be cleaned a minimum of once each year and to require that the operating hours for retail activities be limited. Mr. Clair Daines, 2001 Fairway Drive, stated that the planned unit development and the I preliminary plat need to be modified to adjust the west property line of Lot 1A-8 ten feet, ad- justing the lot lines to the west for the parking lot, and Lot 1 A-7 will be decreased by ten feet. He stated that the structure on Lot lA-8 will be moved ten feet to the west, increasing the front yard setback to 35 feet. He noted that this increase in lot size will provide flexibility for the fencing and landscaping on that lot. Mr. Daines stated that this revision will probably reduce the total number of parking spaces on the site by two; however, that reduction will not affect the project until possibly the last building is constructed. Commissioner Martel asked if the stakes on the site reflect the 35-foot setback; and Mr. Daines indicated that they do. Commissioner Vant Hull asked if more mature vegetation can be utilized in landscaping to minimize impact on the residents of Woodbrook. She also asked if landscaping can be incorporated along the outside of the fence to create a more attractive project. Mr. Daines stated that he plans to move some of the trees currently on the site over to South Tracy Avenue; and he proposes to use 15-foot evergreens in landscaping around the site. Mr. Gerald Lapeyre, 1704 South Willson Avenue, noted that the developmental guidelines adopted for this planned unit development will basically eliminate the "T" portion of the zoning designation. He expressed concern that this process will thus eliminate the public hearing pro- cess and the possibility of placing additional conditions upon approval of the request. He then submitted a written statement of opposition to that process and requesting that the Commission place a condition on approval that the "T" designation and its process remain in effect. Mr. Ed Ward, 11 Hoffman Drive #17, reminded the Commission of the area around the South- I wood Center, noting that the homes are nice. well-maintained and nicely landscaped. He then stated support for Mr. Lapeyre's statement. He further stated that he feels that fencing should be required along the setback line rather than the property line; and an environmental impact statement should be required for the gas station. Mr. Howard Busching, 1914 Spring Creek Drive, stated that he feels the burden of proof has been improperly placed on the neighbors in the area rather than on the developer. He further noted that the question of need has not been addressed during the public hearings. Zoning Administrator Mike Money stated that eight public interest criteria must be re- viewed under state law. He noted that one of the items addressed during the zoning designation process is need; therefore, that item was considered during that prior process. Mr. Sherman Janke stated he owns two lots in the general area. He indicated that he would prefer that this riparian area not be disturbed, noting that the wooded area will be affected by the proposed development. He then stated that he is not opposed to the proposed day care center; however, he feels a gas station is out of character in that neighborhood. He also expressed con- cern that contamination could occur from that facility since the groundwater level is high. He then indicated concurrence in Mr. Lapeyre's request if the Commission decides to approve this planned unit development. Mr. Robert Macdonald, 11 Hoffman Drive #20, reminded the Commission that the immediate residential area is almost unanimously opposed to this proposed project, and encouraged them to help try to maintain the quality of the neighborhood. Mr. Ben Berg, attorney representing Kwik Way, reminded the Commission that when Kwlk I Way indicated its interest in installing gas facilities at the corner of Kagy Boulevard and South Willson Avenue, it was discouraged from doing so. He stated that he does not know of any changes in need; and requested that the Commission treat this application in the same manner as that request was, and that the proposal b~ denied. Mr. Robert Lee, 2101 Fairway Drive, stated support for the proposed convenience store with gas facilities. noting that convenience and good access are Important factors in his life. He stated that the proposed development of this site does comply with the Master Plan and the intent of the B-1 zoning. Mr. Lee further reminded the Commission that Kagy Boulevard is an arterial; 04-27-87 169 and commercial uses provide a buffer from that street for the residential area. Mr. Lee stated that the proposed project will provide a better quality of development than often occurs in a commercial zone. He also noted that the gas station proposal includes much higher standards than required. Mrs. Lapeyre, 1704 South Willson Avenue, asked how many units could be constructed on the two residential lots within this development. I Planning Director Steve Lere stated that one single-family residence could be constructed on each of the two residential lots unless they seek a Conditional Use Permit. He then noted that any permitted use in this development must be processed as a minor planned unit development. He indicated that under that process, the Zoning Commission does an in-house review; and if they feel problems need to be addressed, they may require that the application go through the entire public hearing process. Mr. Doug Williams. Woodbrook #29, stated he is concerned about the hours that commercial uses may be open. as well as the traffic which may be generated. He then suggested that a four- way stop may be necessary at the corner of Kagy Boulevard and South Tracy Avenue if this appli- cation is approved. Mr. Dana Schrupp, Woodbrook #83. asked if there will be any type of barrier between the commercial development and the park to the north, expressing concern that young children in the park should not be able to get to the gas station easily. He also expressed concern about the developmental guidelines eliminating the requirements of the "T" designation on the subject parcel. He then requested that the Commission consider the strong feelings of the neighborhood during their decision-making process. Mr. John Parker, Woodbrook #6. stated that if the City felt it unsafe or unwise to put gas pumps in the mid-1970's, it should consider the same action on this request unless there are significant differences. Mr. Gerald Lapeyre, 1704 South Willson Avenue, reiterated his concern about eliminating the "T" designation requirements for this property. I Planning Director Steve Lere stated that the developmental guidelines address the "T"-type requirements which are imposed on a project. He reminded the Commission that all proposed uses undergo an in-house review; and the Zoning Commission does still have the power to invoke the public hearing process if it deems appropriate. Mrs. Doris Ward, Woodbrook #17, asked what protection the neighborhood will have if the "T" requirements are removed and the developmental guidelines are submitted on a voluntary basis. Zoning Administrator Mike Money stated that the applicant is currently going through the Conditional Use Permit process to address the reasons the "T" designation was placed on this site originally. He noted that this "T" designation was imposed to provide an opportunity to review proposed signs, concerns about detrimental impact on the residential area, height of proposed buildings, access to the site. exterior building designs. and landscaping and buffer- ing. He stated that the developmental guidelines address each of those points, noting that if more stringent conditions are to be imposed, they can be required through those guidelines. Mr. Clarence Kommers. Woodbrook #49, noted that moving the day care center ten feet to the west and increasing the buffering space is an improvement. He then asked if it would be possible to move the convenience store and gas station to the west as well. Planning Director Lere indicated that the convenience store is already six feet from the required setback except for that portion where the gable is located. He stated that relocation would also create design problems on that lot. Mayor Mathre closed the public hearing. I City Manager Wysocki recommended that the Commission approve the Conditional Use Permit for the Planned Unit Development, with the conditions recommended by the Zoning Commission as well as a condition that the developmental guidelines be amended to require that the storm drainage catch basin be cleaned at least once a year. Commissioner Stiff asked if a traffic control device may be required at the corner of Kagy Boulevard and South Tracy Avenue as a result of this commercial development. He suggested that if so, the developer should possibly be required to participate in the costs. Planning Director Lere stated that the projected traffic counts are not close to those necessary to warrant a traffic control device ; therefore, the item need not be addressed. 04-27-87 170 Commissioner Stiff then asked about the concern raised about children crossing from the park into the commercial development and to the gas station. Zoning Administrator Money stated that under this Planned Unit Development, the staff and the developer are trying to preserve the natural amenities. He further noted that fencing will be placed between the day care facility and the park; but that is the only fence under consideration at this time. He then indicated that the subject concern need not be addressed. Commissioner Vant Hull asked if a condition should be imposed to require mature vegeta- I tion as a part of the landscaping. The Zoning Administrator stated that if mature vegetation is to be required on the entire site, it should be included in the developmental guidelines; otherwise, that condition should be attached to each separate Conditional Use Permit. Commissioner Vant Hull reminded the Commission that Mrs. Druckenmiller has indicated that open fencing for at least a portion of the yard would provide a better environment for the children. She then asked if Condition No. 11 for this item should be revised to include "with one exception: that interior fencing may vary from the criteria, with approval of the Planning staff. " Zoning Administrator Money stated that the developmental guidelines do not limit the fences to sol id wood. He noted the intent of this section is to provide fences of material similar to the structure to ensure a quality project. He stated that the Planning staff will have the ability to work with the developer on the type of fencing to be utilized under this condition as recommended by the Zoning Commission. Commissioner Vant Hull then asked if the setback requirements should be addressed under the Planned Unit Development. Planning Director Lere stated that the setbacks should be addressed under each specific Conditional Use Permit. It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Stiff, Commissioner Jordan and I Mayor Mathre; those voting No being Commissioner Vant Hull. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion approve the Conditional Use Permit requested by Clair Daines for Southwood Partners for the Southwood Center Planned Unit Development, subject to the following conditions: 1. That Section III, Modification and Amendment. of the Land Development Guidelines (LDG) be amended to more closely reflect the procedures outlined in Sections 18.62.080 and 18.54.280 of the Zoning Code. 2. That Section III of the LDC also be amended to more clearly define what is considered to be a minor or insignificant change. This may include possible examples. 3. That Section III be further amended to accurately reflect the final approval process of the development proposal. 4. That paragraphs #2 and #4 of Section IV, "Uses," be removed from the LDG and that the remaining two paragraphs be reworded to read as follows: "The permitted uses shall include all those uses permitted in a B-1 zone by the Bozeman Zoning Code (see Section 18.28.020) and uses which may be approved by a zone change or code amendment." Also, changing the third paragraph of that section to read "Conditional uses permitted under Section 18.52.140(K) in the Zoning Code as of (the date of approval) are permitted uses under Section 18.28.020 of the Zone Code as of (the approval date) are . . . and then list those uses." 5. That the applicant work closely with the Planning Staff to revise Section V "Review and Approval Process" to ensure it reflects the requirements of the Zoning Code. 6. That Item #2 of the "Architectural Elements" be altered to be consistent I with Item #2 of the "Building and Architectural Section" of the LDG. 7. That the "Site Development" subsection of Section VI of the LDC be incorporated into the Design Theme of Section IV. 8. That the "Building Architectural Details" subsection of Section IV be revised as suggested in the Staff Report and that the individual details be coded to correspond to the individual sketches provided in the sketch book. 04-27-87 171 9. That the applicant work with the Planning Staff to determine what improvements he will be responsible for with this approval of the P. U. D. and LDG. 10. That the appropriate sections of the Zoning Code be called out as it relates to signs within the "Signs" subsection of the LDG. 11. That the "Fencing" subsection be amended to reflect the same criteria established for the trash enclosure. I 12. That the "Lighting Theme" be established and included in the LDG prior to final site plan approval. 13. That snow removal storage areas not be designated in off-street parking stalls. 14. That the "Schedule for Off-Street Parking" be revised to provide a running balance column. 15. That the Parking and Landscaping Plan be revised to comply with Section 18.62.120, "Design Standards--Screening," of the Zoning Code. 16. That efficient buffering techniques be utilized to screen the commercial uses fronting on South Tracy Avenue. 17. That the paving, drainage and curbing details be reviewed and approved by the City Engineer prior to final site plan approval. 18. That the final parking and landscaping plans provide details for the signing that will be used to designate the parallel parking stalls, handicapped stalls and compact car stalls. 19. That the covenants be amended to reflect that the open space shall be controlled and maintained by the Property Owners Association. 20. That the covenants and developmental guidelines be amended to require that the catch basin for the storm drainage system be cleaned and maintained a minimum of once a year. 21. That the developer enter into an Improvements Agreement with the City of Bozeman. The structures may not be occupied until all required I improvements have been installed and inspected and accepted by the City of Bozeman. If occupancy is to occur prior to the installation of the required improvements, the Agreement, with an acceptable method of security equal to one and one-half times the amount of the cost of the scheduled improvements, shall be provided to secure completion. 22. That four copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval and prior to issuance of a building permit for the project. One signed copy shall be retained by the Building Inspection Division, one by the Planning Director, one by the applicant, and one by the Architectural Review Committee. 23. That on-site improvements (i.e., paving, landscaping, etc.) shall be completed within 18 months of the Conditional Use Permit as shown on the approved final site plan. 24. That the Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I (2) This was the time and place set for the continued review of the preliminary plat of the Amended Subdivision Plat for Lot lA, Block 6 of the Amended Subdivision of Thompson's Fourth Addition. Mayor Mathre asked for any additional comments on the preliminary plat; and none were received. City Manager Wysocki recommended that the Commission approve this preliminary plat. subject to the conditions recommended by the City-County Planning Board. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No 04-27-87 17~ vote: those voting Aye being Commissioner Jordan, Commissioner Stiff. Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No. none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the preliminary plat of the Amended Subdivision Plat of Lot 1 A, Block 6 of the Amended Subdivision Plat of Thompson's Fourth Addition, subject to the following conditions as recommended by the City-County Planning Board: 1. final site plan approval shall be granted for the Planned Unit Develop- I ment indicating compliance with all appropriate zone code requirements prior to final plat approval. 2. Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to final plat approval. 3. All storm drainage shall be privately owned and maintained and Section "I 2 (h) of the Covenants, Conditions and Restrictions should be revised to specifically include the maintenance of those storm drainage facilities. All storm drainage detention facilities must be located within utility easements. 4. The high groundwater warning note contained on the plat shall be revised to read: "Due to the possibility of high groundwater within the subdivision, it is recommended that an investigation of the seasonal high groundwater levels be made by a qualified engineer or soil scientist prior to construction of structures with a lowest floor level more than three feet below the top of the curb on the street from which it is served." prior to final plat approval. 5. Lots 1 A-ll and lA-12 shall be deeded to and controlled by a properly formed property owners association including all properties within the subdivision. In no case shall restrictions be placed on those lots which are inconsistent with the intent and purpose of common open space areas in planned unit developments. 6. No landscape elements or other design features shall be allowed which would block emergency access to Lots lA-4, lA-5, lA-6 and 1A-7. 7. The final plat shall include all required certificates as outlined in the Bozeman Area Subdivision Regulations. I 8. The existing mortgage surveys must be released prior to final plat approval. 9. The following amendments to the Land Development Guidelines and Covenants, Conditions and Restrictions must be made prior to final plat approval. a. Section IV of the Land Development Guidelines shall be revised to include a reference to the subdivision review procedures outlined in the Bozeman Area Subdivision Regulations. b. Covenants, Conditions and Restrictions and Property Owners Association documents shall be revised to include all properties within the subdivision including Lots 1 A-l and 1 A-2. c. The Covenants, Conditions and Restrictions shall be made per- petually binding with no expiration date. d. Section I. Part 5, of the Covenants, Conditions and Restrictions shall indicate that Lot 1 A-ll must always remain common open space. e. Section I, Part 6, of the Covenants, Conditions and Restrictions shall be revised to indicate that all common open space is under the control and ownership of the Property Owners Association. f. References to phases shall be removed from the Covenants. 10. The property owners of record shall file with the Gallatin County Clerk a waiver of right to protest the creation of 5.1. D. IS for improvements to South Willson Avenue and Kagy Boulevard. I 11. The final construction plans for all streets, water, sanitary sewer, storm drainage and sidewalks shall be prepared and submitted pursuant to Chapter 16.26 of the Bozeman Area Subdivision Regulations. 12. The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and conditions of approval. If the final plat is to be approved prior to the installation of all improvements, the d~veloper shall supply the City of Bozeman with an acceptable method of security equal to the amount of 150 percent of the cost of the remaining improvements. 04-27-87 173 13. A partial waiver of the environmental assessment and community impact analysis be granted and the dedication of park land be waived, as adequate common space areas are being created as part of the Planned Unit Development. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull. Commissioner Jordan and Mayor Mathre; those voting No, none. I B rea k - 3: 37 to 3: SOp. m . Mayor Mathre declared a break from 3:37 p.m. to 3:50 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. (3) Mayor Mathre opened the continued public hearing on the Conditional Use Permit requested by Clair Daines on behalf of Southwood Partners for the Southwood Center Day Care Center. Mayor Mathre stated the Commission has received the following letters since the public hearing was continued at last week's meeting: Allan H. Roush, 1615 South Black Avenue #72. dated April 23, 1987; Robert S. Macdonald, 11 Hoffman #20, dated April 22, 1987; Ed and Doris Ward, not dated; Hugh and Charlotte Reid, dated April 23, 1987; Douglas and Patty Williams; Margaret Heath, 1620 South Willson Avenue. dated April 23, 1987; James Dobrowski, 1209 South Montana, dated April 23, 1987; Gerald Lapeyre; Howard Busching, 1914 Spring Creek Drive, dated April 27,1987; Lee Allinger, 419 North 20th Avenue, dated April 26.1987; Tim and Emily I Swanson, 1716 South Willson Avenue, dated April 27,1987; and Ardis and DeLyle Stevens, 1910 Spring Creek Drive, dated Apri I 27, 1987. She noted most of the letters apply to this item as well as the following item. Commissioner Vant Hull noted that this building does meet the 24-foot height restriction according to the method used for determining height, although the peak of the roof is actually 27t feet above ground. She then asked if there is any way to lower the building so that it does not exceed 24 feet at the peak. Mr. Clair Daines, applicant, stated that the style of the building does affect the height of the peak, noting that the building is not any higher than the Woodbrook development across the street. He then noted that the offsetting advantage to the height of the building is its style. Mrs. Jan Druckenmi IIer, Director of Pooh Corner, noted that the question of need was raised during the first public hearing. She stated that the need for day care services has already been demonstrated in her business. Mrs. Doris Ward, Woodbrook #17, stated that the trash enclosure will be visible from many of the windows in her living area. She then requested that additional buffering be required to minimize the visual impact of the trash area and the playground equipment. City Manager Wysocki noted that Linda Brock, architect for the project, had suggested at last week's meeting the possibility of angling the fence across the corners, which could provide additional landscaping outside the fenceline. He then asked Mr. Daines if that is still a possibility; and Mr. Daines indicated it is. The City Manager then asked Mr. Daines if he would be willing to provide a landscape I buffering along South Tracy Avenue in the park area just north of the day care center to provide additional protection for the residents of Woodbrook. Mr. Daines stated he would be willing to work with the staff on that issue, noting that he could relocate some of the aspen trees currently on his property to that area. He then stated a desire to relocate those trees as soon as possible, since summer is rapidly approaching. Mayor Mathre closed the public hearing. City Manager Wysocki recommended that if the Commission approves the Conditional Use Permit, it be with the recommendations suggested by the Zoning Commission and adding a condition to require that unique landscaping. including the use of mature vegetation, be installed along 04-27-87 171+ both sides of the fence fronting on South Tracy Avenue; a condition that landscaping be required along South Tracy Avenue in the park area just north of the day care center; and a condition requiring that a 35-foot front yard setback be provided. The City Manager then stated that, although the developer may construct the fence along the property line, he would encourage him to consider installing a broken line or uneven fence with landscaped areas and vegetation. Commissioner Jordan stated support for the proposed project, noting that he feels it is a good one. He then cautioned Mr. Daines to follow through on what he has indicated he will do I in this project, making sure that it blends into the neighborhood. He stated that performance on this project could become a factor in future decisions involving this development. He then noted that, if done properly, this project could become a model. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No. none. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion approve the Conditional Use Permit requested by Clair Daines for Southwood Partners for the Southwood Center Day Care Center. subject to the following conditions: 1. That the final subdivision plan and Land Use Development Guidelines for Southwood Center Planned Unit Development be filed and recorded at the Clerk and Recorder's Office, Gallatin County, Montana, and that the Land Use Development Guidelines for Southwood Center Planned Unit Development be reviewed and approved prior to final site plan approval. 2. That the final site plan provide adequate spot elevations and that the site surface drainage plan be reviewed and approved by the City Engineer prior to final site plan approval. 3. That the day care facility be limited to one facade sign and that the logo on the north elevation of the building not be permitted. 4. That the final site plan comply with Section 18.62.130(B) of the Bozeman Area Zoning Code and that wood chips not be permitted as lie vegetation within the front yard setback. I 5. That the Conditional Use Permit be limited specifically for use by the following: a day care, limited to 70 children and 6 employees; a resource room for parenting; a fami Iy counseling office; and a property management office: . 6. That exterior light fixtures, as identified in the Land Use Development Guidelines, be indicated on the submitted elevations, prior to final site plan approval. 7. That the developer shall incorporatt: unique landscaping features involving fence, sidewalk and a substantial amount of mature vegetation along South Tracy Avenue to provide buffering for the residential properties across the street. The landscape plan shall be reviewed and approved by the Planning Director prior to final site plan approval. 8. That the developer shall install a substantial amount of mature vegetation along South Tracy Avenue within the City's park land to provide additional buffering for the residential properties across the street. The landscape plan shall be reviewed and approved by the Planning Director prior to final site plan approval. 9. That the developer shall establish a 35-foot front yard setback along South Tracy Avenue, as well as adjusting the west lot line westward an additional 10 feet. 10. That 19 off-street parking spaces be specifically designated and provided for the developer's proposed day care center, family education and counsel ing service, and CD Property Management. 11. That the location of the garbage refuse area be reviewed and approved I by Three Rivers Disposal Service prior to final site plan approval. 12. That the proposed fence comply with the conditions set out in the Land Development Guidelines. and that chain link fencing not be permitted. 13. That the developer shall enter into an Improvements Agreement with the City of Bozeman. The structure may not be occupied until all required improvements have been installed and inspected and accepted by the City of Bozeman. If occupancy is to occur prior to the installation of the required improvements, the Agreement, with an acceptable method of security equal to one and one-half (1 t) times the amount of the cost of the scheduled improvements, shall be provided to secure completion. 04-27-87 1 7~) 14. That three copies of the final site plan containing all the conditions. corrections and modifications approved by the City Commission be sub- mitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to the Issuance of a building permit for the project. One signed copy shall be retained by the Building I nspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. I 15. All on-site improvements (i.e., paving. landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit as shown on the approved final site plan. 16. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period. the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. (4) Mayor Mathre opened the continued public hearing on the Conditional Use Permit requested by Clair Daines on behalf of the Southwood Partners for the Southwood Center Convenience Store. Mayor Mathre stated the Commission has received the following letters since the public hearing was continued at last week's meeting: Allan H. Roush, 1615 South Black Avenue #72, dated April 23, 1987; Robert S. Macdonald, 11 Hoffman #20, dated April 22, 1987; Ed and Doris Ward, not dated; Hugh and Charlotte Reid, dated April 23. 1987; Douglas and Patty Williams; Margaret Heath, 1620 South Willson Avenue, dated April 23, 1987; James Dobrowski, 1209 South Montana, dated April 23, 1987; Gerald Lapeyre; Howard Busching, 1914 Spring Creek Drive, dated April 27, 1987; Lee Allinger, 419 North 20th Avenue, dated April 26, 1987; Tim and Emily Swanson, I 1716 South Willson Avenue, dated April 27,1987; and Ardis and DeLyle Stevens. 1910 Spring Creek Drive, dated April 27, 1987. She noted most of the letters apply to this item as well as the preceding item. Mr. Howard Busching noted that a question was raised during the previous public hearing on whether this structure could be moved ten feet to the west as well as the Pooh Corner facility. Mr. Clair Daines, developer, stated that the structure has already been set back an addi- tional six feet, except that area where the gable is located. He further noted that the structure will be placed on the site with the gasoline facilities toward the interior of the project, thus minimizing impact on the surrounding residential area. Mr. Richard Clark, representative of Kwik Way, submitted to the Commission a letter from former Commissioner Robert A. Taylor, dated April 27. 1987, stating that the proposal to include gas facilities met with substantial resistance from the neighbors as well as the City government. He then reiterated Kwik Way's request that this application be treated in the same manner as their request. Mr. John Parker, Woodbrook #6, asked if the question of whether the situation has changed since Kwik Way was constructed has been addressed. Planning Director Lere stated that the files do not show that Kwik Way officially applied for gasoline facilities; therefore, that issue did not go through any public hearing process. Mr. Ben Berg, attorney representing Kwik Way, stated that Kwik Way did not go through the Conditional Use Permit process because the staff discouraged it. He then reminded the Com- mission that the Zoning Commission has recommended denial of this application and encouraged I them to concur in that recommendation. Mr. Daines reminded the Commission that his presentation before the Zoning Commission did not contain all of the technical and engineering data which was submitted during this public hearing. He noted that the Zoning Commission decision was based on concern for the environment; and he feels that the additional technical information has addressed those concerns. Commissioner Vant Hull noted that last week she had raised a question that she wished to direct to the Fish, Wildlife and Parks Division on whether they have any way to monitor this type of situation. She indicated that a conversation with that department this past week re- vealed that they do not; but that type of monitoring is done by the Department of Health and 04-27-87 17C EnvironmEntal Sciences. She further noted that the individual indicated that as long as the developer takes every possible precaution when installing the gasoline tanks, he does not feel that the department can object. Commissioner Vant Hull then noted that Mr. Carroll Henderson had expressed concern during the Zoning Commission meeting about possible impacts on his ponds located north of the subject site. She stated that a conversation with him during the past week revealed that he feels the applicant has adequately addressed the matter. I Mr. Jeff Rupp. 3116 Sourdough Road, encouraged the Commission to concur in the Zoning Commission's recommendation for denial, based on the public health, safety and welfare. Mrs. Nancy Lapeyre, 1704 South Willson Avenue, expressed concern about problems this facility could create if someone else were to buy it and not maintain it properly. She also questioned what will happen in thirty years, when the tank begins polluting the groundwater. Mr. Lowell Springer, 117 Hoffman Drive, noted that this subject site has been before the Commission on a number of occasions. He reminded the Commission that the property will be developed at some point in time. He encouraged them to strongly consider this project, which is being proposed as a quality project by a developer who can carry it out. Mr. Springer then reminded the Commission that the Planning staff has recommended approval of this application, subject to conditions. Commissioner Vant Hull noted that during last week's meeting, Mr. Springer had reminded the Commission of neighorhood opposition when Woodbrook was proposed. She then asked how much landscaping and buffering has helped to cause a change in attitude about that project. Mr. Springer stated that the landscaping and buffering helped substantially. He noted that such items are included in the Improvements Agreement for a site; and the Commission has every assurance that the necessary landscaping and buffering wi II be provided. Mayor Mathre closed the public hearing. City Manager Wysocki recommended that the Commission approve the requested Conditional Use Permit, subject to the conditions recommended by the Planning Staff and adding the following: That the applicant be required to install double-walled tanks for storage of gasoline. to include I double-walled piping. and a catch basin for overspill according to industry standards, and a visual monitoring systems with the results to be logged at least once a week, with the design and specifications being reviewed by the Fire Marshal and the Department of Health and Environ- mental Sciences and approved by the Planning Staff; that the applicant be required to install unique landscaping features, including substantial and mature vegetation, along the fence and sidewalk area; and that the applicant be required to provide an adequate system of buffering for the residential properties located to the east of this site, with those plans to be approved by the Planni ng Staff. The City Manager noted that the possibility of limiting hours of operation has been mentioned; and suggested that 7:00 a.m. to 11:00 p.m. might be appropriate. Commissioner Vant Hull asked about having a food service area within the convenience store, questioning whether any change in the amount of area devoted to that service would require addi- tional review. Zoning Administrator Mike Money stated that restaurants are a permitted use in the B-1 zone. He then stated that this application has indicated that some type of food service will b. incorporated into the convenience store. He noted that any additions to that service will be required to determine if additional off-street parking space is required; and any additional spaces will be subtracted from the overall allocation. He noted that if the convenience store becomes an accessory to the food service provided, a review through the minor planned unit development process would be required; and the Zoning Commission could require that the public hearing process be followed. Commissioner Stiff asked if the applicant agrees to the three additional conditions I recommended. City Manager Wysocki stated he has discussed the double-walled tank and landscaping requirements with the applicant, but not the hours of operation. Planning Director Steve Ler. stated that the staff recommendations did not include extension of the fence to this site. Following a brief discussion, the Commission concurred that fencing should not be required for this project; however, substantial and mature vegetation to provide additional buffering should be required. 04-27-87 177 The Commission then discussed the suggested hours for operation. Commissioner Vant Hull stated she feels that 7:00 a.m. to 9:00 p.m. would be more appropriate in a residential area, but she could support 7:00 a.m. to 10:00 p.m. Commissioner Stiff noted that the Commission must be careful not to establish limits for the hours of operation that would make the project not feasible economically. He noted that, conversely, if the owner finds that keeping the business open between the hours of 7:00 a.m. I and 11:00 p.m. is not economically feasible, he may reduce those hours of operation. Following discussion, the Commission indicated concurrence in the City Manager's recommendation for limiting the hou rs of operation to 7: 00 a. m. to 11: 00 p. m. Commissioner Jordan stated that he discussed the proposed installation of the under- ground gasoline tanks with an expert in the field, receiving an affirmation that the proposed method is adequate. He then noted that technology in this area has changed substantially in the past four years; and the methods proposed by the developer will reduce risks possibly 500 to 1 ,000 times. The Commissioner reiterated his caution to the developer on the previous action, noting that his performance on this project could affect future decisions. Commissioner Stiff stated that he feels the developer has taken steps to make this project aesthetically compatible with the surrounding area. He then noted that the City has imposed a lot of restrictions on the project; and the developer has been given the message that he is expected to follow through on them. The Commissioner stated that he feels the applicant has addressed concerns about the safety of the underground gasoline tanks, and the area will be adequately protected. Commissioner Martel noted that the B-1 zoning protects the neighborhood; however. at the same time, the developer has the right to expect to be able to develop that property in accordance with the Zone Code. He stated the applicant has addressed the safety concerns involving the underground gasoline tanks. The Commissioner noted that the developer has indicated a willingness to accept the stringent conditions being placed on approval of the project; and he will support the application. I Commissioner Vant Hull stated that she feels the safety concerns have been addressed. The Commissioner then indicated that she does support the project; however, she still feels the hours of operation should be reduced so that the business would close no later than 10:00 p.m. She stated that if that revision is not made. she will vote against the application. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Com- missioner Vant Hull and Mayor Mathre; those voting No. none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Conditional Use Permit requested by Clair Daines for Southwood Partners for Southwood Center Convenience Store, subject to the following conditions: 1. That the final subdivision plat and Land Use Development Guidelines for Southwood Center Planned Unit Development be filed and recorded at the Clerk and Recorder's Office. Gallatin County, Montana, and that the Land Use Development Guidelines for Southwood Center Planned Unit Development be reviewed and approved, prior to final site plan approval. 2. That the final site plan provide adequate spot elevations and that the site surface drainage plan be reviewed and approved by the City Engineer prior to final site plan approval. 3. That the developer apply for an underground tank permit from the City Fire Marshal and provide a detailed plan showing the method of anchoring the tanks for review and approval prior to final site plan approval. 4. That the developer shall install a double-walled tank for storage of I gasol ine along with double-walled piping, as well as a catch basin for over-spill, to be installed according to industry standards and a visual monitoring system with the results to be logged a minimum of once each week. The design and specifications of the system must be reviewed by the Fire Marshal and Montana State Department of Health and Environmental Sciences and approved by the Planning Staff prior to final site plan approval. 5. That the developer shall install substantial and mature vegetation with unique landscaping features t to provide an adequate system of buffering for the residential properties to the east. The landscaping plans must be approved by the Planning Director prior to final site plan approval. 04-27-87 178 6. That the hours of operation for the convenience store andgilsoline facilities be limited no earlier than 7:00 o'clock a.m. and no later than 11 : 00 o'clock, p. m. 7. That the final site plan provide information regarding the type of materials and any method of indirect lighting used for ,the proposed signage. 8. That washed rock not be permitted for ground cover and that concrete curbing be used for landscape protection along the north side of the building, and that the final site plan show the above provisions prior to I final site plan approval. 9. That additional landscaping be provided within the front yard setback along South Tracy Avenue and that it be reviewed and approved by the Planning Director prior to final site plan approval. 10. That the developer enter into an Improvements Agreement with the City of Bozeman. The structures may not be occupied until all required improve- ments have been installed and inspected and accepted by the City of Bozeman. If occupancy is to occur prior to the installation of the required improvements, the agreement, with an acceptable method of security equal to one and one-half times the amount of the cost of the scheduled improve- ments, shall be provided to secure completion. 11. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval and prior to issuance of a building permit for the project. One signed copy shall be retained by the Building Inspection Division, one by the Planning Director, and one by the applicant. 12. All on-site improvements (I.e., paving, landscaping. etc.) shall be completed within 18 months of the Conditional Use Permit as shown on the approved final site plan. 13. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. I If all required conditions have been satisfied, the permit will be perma- nently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Vant Hull. Pledged Securities as of March 31, 1987 I n compliance with the provisions of Sections 7-6-201 to 7-6-212, M. C. A., Commissioner Martel and Commissioner Vant Hull had examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion approve the inventory of the Depository Bonds and Pledged Securities as of March 31, 1987, and a list of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 1987 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman ------- Federal Deposit I nsurance Corporation $ 100,000.00 Trusteed with United Bank of Denver: I North Slope Borough Alaska GO 9.5 06/30/90 312086 105.000.00 North Slope Borough Alaska GO 9.5 06/30/90 314724 45,000.00 Minn. Hgs. Fin. Ag. 9.10 02/01/93 144337 100,000.00 Blaine Minn. GO Tax I ncr. 8.10 02/01/97 478054 100,000.00 Saint Cloud, Minn. GO RFDG 8.25 02/01/97 478625 100,000.00 04-27-87 179 Bozeman, MT, S.I.D-..#625 9.75 1/01/2001 SK155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00 North Slope Borough, AK GO 9.25 9/20/89 257806 200.000.00 State of Hawaii 11.5 8/01/90 181125 200,000.00 So. Dakota Health Ed Rev - 6.70 9/01/90 069431 100,000.00 U.S. Treasury Bill 10.0 5/15/88 447081 1,000,000.00 U.S. Treasury Notes Series Z 9.0 9/30/87 471600 3,000.000.00 I TOTAL - First Security Bank - Bozeman $5,075,000.00 MONTANA BANK - Bozeman Federal Deposit Insurance Corporation $ 100.000.00 Trusteed with Federal Reserve Bank of Minneapolis: Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/87-89 Hl127 3,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/90 H29829 1,875.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/89 H29972 3,750.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H 30312 19.000.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/87 H 1 046 2,500.00 Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 H943 120,000.00 TOT AL - Montana Bank of Bozeman, Montana $ 188,125.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with First National Bank of Minneapolis: U.S. Treasury Notes 8.875 7/31/87 9893 200.000.00 TOT AL - First Citizens Bank of Bozeman - Bozeman $ 200,000.00 I This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C.A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, for the Depository Bonds held by the Director of Finance as security for the deposit for the City of Bozeman funds as of March 31, 1987, by the several banks of Bozeman and approve and accept the same. JUDITH A. MATHRE, Mayor MARY B. VANT HULL, Commissioner DENNIS E. JORDAN, Commissioner ALFRED M. STIFF, Commissioner WALTER MARTEL, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter of resignation from the Historic Preservation Advisory Commission submitted by James Devitt. (2) A letter from Chief of Police George Tate to the City Manager concerning tank trucks parked on North Broadway Avenue. (3) Agenda and packet for the Zoning Commission/City-County Planning Board meeting to be held on Tuesday, Apri I 28. 04-27-87 18U (4) The City Manager stated that he tried to call Helena prior to the Commission meeting to determi ne the status of the 5 I D bi II. but was unable to get an answer. (5) Commissioner Vant Hull stated that a story in the Billings Gazette indicated that Montana Power Company is seeking an increase in electrical rates, including a 4.5-percent increase for street lighting. She suggested that this item should be placed on the agenda for discussion, to determine if the City should take action in an attempt to address the proposed increase. , Mayor Mathre requested that this item be placed on next week's agenda for discussion. I (6) Commissioner Jordan expressed an interest in discussing water rates, as well as the status of available water. City Manager Wysocki stated that the staff will provide an update on the status of the water supply at next week's meeting. He then indicated that the staff is currently preparing information concerning water and sewer rates, and the revenues generated, in preparation for seeking rate increases. Discussion - revisions to be made to draft Commission Resolution re proposed policy for creation of Special Improvement Districts The City Manager reminded the Commission they had conducted on April 20, 1987, the public hearing on the draft Commission Resolution establishing the proposed policy for creation of Special Improvement Districts, entitled: COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN RELATING TO SPECIAL IMPROVEMENT DISTRICTS AND ESTABLISHING A POLICY RELATING THERETO. City Manager Wysocki stated that Director of Finance Gamradt has prepared some revisions to the proposed policy and asked him to review those revisions. Director of Finance Gamradt submitted to the Commission a memo suggesting revisions to Sections 3. 02e. (1) and 3. 02e. (3) . He noted that the first revision would require the owners in I a pre-existing subdivision to deposit cash into an escrow account in the amount of 10 percent of the principal and interest payments for at least 80 percent of the total area rather than for the total area. He indicated this addresses those instances in which dissenters are not willing to deposit into an escrow. rather than requiring the willing parties to cover the costs of the dissenters. properties as well as their own. The Director of Finance stated that this revision may decrease the City's security position slightly; however, it is more equitable for the property owners. He stated that the 80 percent figure is arbitrary, noting that the higher it is set, the more difficult it may be to create the special improvement district and the lower the figure, the more the risk to the taxpayers. Commissioner Stiff asked what would happen in the event that one or all of the dissenters failed to pay their assessments, questioning whether the escrow account would be used to cover those delinquencies. Director of Finance Gamradt stated that the delinquencies would be covered through the City's Revolving Fund until such time as a tax sale was completed. He stated that monies from the escrow account could not be used to cover those delinquencies because the individuals involved would not have contributed. The Director of Finance stated that the s'econd revision also applies to the pre-existing subdivisions. It provides for the 5 percent Revolving Fund fee and the 3 percent administrative fee to be paid in total through the first year's assessment rather than prior to the sale of bonds. Following a brief discussion, the Commission concurred that the two proposed revisions should be made. I Director of Finance Gamradt then submitted to the Commission a memo concerning Section 8 of the policy, providing for acceleration of delinquent assessments. He noted that attached is a letter from Paula S. Rindels, Dorsey and Whitney, indicating that the City does have the right to accelerate delinquent assessments; however, the property owner must then pay the entire balance plus penalty and interest. He indicated that the staff is currently reviewing the matter and will submit a recommendation to the Commission on whether to continue or eliminate the acceleration policy. 04-27-87 181 City Manager Wysocki stated that the staff will make the necessary revisions and submit this Commission Resolution in final form at next week's meeting. Consent Items I Re for the Schnees' It was moved by Commissioner Jordan, seconded by Commissioner Stiff. that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff. Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 5:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff. seconded by Commissioner Martel. that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No. none. I JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I 04-27-87