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HomeMy WebLinkAbout2002-10-21 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 21, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 21,2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18, 2000, and May 13, October 2, October 3, October 7, October 8, and October 14, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of October 3, October 7 and October 14, 2002, be approved as submitted. The motion carried bythe following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13, October 2 and October 8, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1581 - establishing the monthly salary of the Municipal Judge, effective July 1, 2002; finally adopt ORDINANCE NO. 1581 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE MONTHLY SALARY OF THE MUNICIPAL JUDGE OF THE CITY OF BOZEMAN AS REQUIRED BY THE BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3552 - authorize City Manager to sign Change Order No. 18 for SID No. 669 (downtown streetscape enhancement) and fire service lines - Concrete Specialties of Montana, Inc., Belgrade, Montana - add $524.00 and 0 calendar days COMMISSION RESOLUTION NO. 3552 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CONCRETE SPECIALTIES OF MONTANA, INC., BELGRADE, MONTANA. 10-21-2002 Commission Resolution No. 3553 - authorize City Manager to sign Change Order No. 1 for WVVTP Modifications - Williams Plumbing and Heatino. Inc., Bozeman, Montana - add $1,000.00 and 2 calendar days COMMISSION RESOLUTION NO. 3553 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH WILLIAMS PLUMBING AND HEATING, INC., BOZEMAN, MONTANA. Commission Resolution No. 3554- relating to $106,000 Special Sidewalk, Curb, Gutter and Alley Approach Bonds, Series 2002 (for the 2000 Sidewalk Program) COMMISSION RESOLUTION NO. 3554 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $106,000 SPECIAL SIDEWALK, CURB, GUTTER AND ALLEY APPROACH BONDS, SERIES 2002; MAKING CERTAIN FINDINGS WITH RESPECT TO THE PLEDGE OF THE REVOLVING FUND TO THE SECURITY THEREOF. Authorize City Manager to sign - Payback Agreement for Baxter Lane Sewer Improvements with Tange Family L.L.C. (108.43 acres generally bounded by West Oak Street, Baxter Lane, Simmental Way and North 9th Avenue extended) Authorize City Manager to sign - Acceptance of Water Pipeline Access Easement and Agreement - Orville F. Christenot Trust and Annette F. Christenot Trust - 20- foot-wide easement across Tract 6, Smith's Subdivision (for Westglen Subdivision) Authorize staff to proceed with process for refinancing of Transportation GO Bonds, Series 1995 Appointment of Commissioner Cetraro and Commissioner Youngman to sub- committee to review Pledged Securities as of September 30, 2002 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting No, none. Proclamation - "Make a Difference Day" - October 26, 2002 Included in the Commissioners' packets was a copy of the proclamation for"Make a Difference Day." Ms. Even Howard, Community Service Office at MSU, requested that the Commission proclaim October 26 as "Make a Difference Day," as part of the national program. She indicated that, as part of this program, MSU students will participate in a day of service on a monthly basis, and offered those resources to the City for upcoming projects or for meeting community needs. Mayor Kirchhoff read the proclamation into the record, after which he presented a signed copy to Ms. Howard. The Commissioners concurred in that proclamation. 10-21-2002 -3- Public hearing - Major Site Plan with Certificate of Appropriateness - Allied Engineering for Gallatin Center Limited Partnership - allow construction of a _+19,107-square-foot retail business on Lot 9.1, Gallatin Center Subdivision PUD (PetsMart, 2997 Max Street) (Z-02171) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Allied Engineering for Gallatin Limited Partnership under Application No. Z-02171, to allow the construction of a +19,107-square-foot retail business on Lot 9.1, Gallatin Center Subdivision Planned Unit Development. The building is to be located at 2997 Max Street and provide retail space for PetsMart. Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this application, the proposed retail space is to be constructed on the south end of the building located on the western boundary of the subdivision that currently houses Target and Bob Ward's Sporting Goods. He indicated that staff has reviewed this application in light of the applicable criteria in the zone code, and staff's comprehensive findings are contained in the written staff report. The Senior Planner briefly summarized the staff's findings and some of the recommended conditions. He noted that, since this is to be part of a multi-tenant retail structure, the Design Review Board has recommended the continuation of materials used on the previous buildings. He indicated that they also discussed the roof form at length, particularly since it is proposed as a hip roof versus the gable roof on Bob Ward's. As a result of that discussion, the Board recognized their concern is more with the signage that was proposed than with the actual roof form. In light of those concerns, the applicant has revised the plan and considerably reduced the signage. The Senior Planner noted that the Board also discussed pedestrian circulation and the need for a link between Max Street and the stores. As a result of that discussion, they recognized that an additional link is not needed at this time, but that one will be needed in conjunction with future development of Lot 12. The Planner then highlighted some of the specific conditions, requesting that Condition No. 33 be deleted since it is a duplicate of Condition No. 30. He concluded by noting no public comment has been received to date. Mr. Steve Claussen, architect representing the developer, voiced his concurrence with the staff report and indicated a willingness to respond to questions. Responding to Commissioner Brown, Mr. Claussen stated he is the architect for the front elevation of the structure and not for PetsMart. He noted that, from what he can recall of their plans, he does not believe any skylights are proposed. No one was present to speak in opposition to the proposed development. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Major Site Plan with Certificate of Appropriateness, as requested byAllied Engineering for Gallatin Limited Partnership under Application No. Z-02171, to allow the construction of a +19,107-square-foot retail business on Lot 9.1, Gallatin Center Subdivision Planned Unit Development, be approved subject to the following conditions: 1. The final site plan shall be adequately dimensioned. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. 10-21-2002 -4- o o 10. 11. 12. 13. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. All existing utility and other easements must be shown on the final site plan. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be 10-21-2002 -5- 14. 15. 16. 17. 18. 19. 20. 21. 22. contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State waters. Cleanouts spaced at intervals as required by the Uniform Plumbing Code shall be installed on the sewer service line. That the final plat for Lot 9.1, Gallatin Center Subdivision P.U.D. be filed and recorded at the Gallatin County Clerk and Recorder's Office prior to final site plan approval and issuance of a building permit to proceed with construction of the project. That the applicant specify the exterior light fixtures, both free-standing and wall- mounted, to be used for exterior illumination of the project that also includes a typical manufacturer's "cut-sheet" detail of the fixture depicting the type of illumination bulb and illumination output to be used, for review and approval prior to final site plan approval. All exterior light fixtures shall be so arranged to direct light downward and/or away from any adjoining properties, shall not detract from driver visibility on adjacent streets, and shall not exceed a maximum height of twenty (20) feet from grade. All retention/detention ponds located in the required yard setbacks shall not exceed a maximum slope of 1 -in-4 (i.e., 25% slope) and a depth of 1 ½ feet, and that it be noted accordingly on the final site plan. That all roof-top and/or ground-mounted mechanical equipment shall be noted accordingly on the site plan and exterior elevations, and shall be properly screened from adjoining properties and public streets, and that typical details of all screening devices shall be noted accordingly on the site plan, for review and approval prior to final site plan approval. The exterior elevations shall delineate the placement and height of all rooftop mechanical equipment in relationship to the top of the parapet wall and/or screening device and the site plan shall locate all utility equipment, including ground-mounted mechanical power and telephone boxes, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to final site plan approval. That the applicant delineate on the final site plan the 80-foot wide stream corridor for West Catron Creek and that a notation be provided on the final site plan stating that all landscape improvements, landscape features, and public pedestrian trail system be installed and maintained by the landowner of said Lot 9.1, and that it also be noted accordingly in the Improvements Agreement for said project, for review and approval by the Planning Office. That the applicant provide a typical cross-section detail and specifications on the site plan for installation of a Class II pedestrian trail that parallels the west side of West Catron Creek, for review and approval by the Planning Office. That the applicant provide the Planning Office with written documentation of review and approval of this project by the Gallatin Center Construction Committee, which states compliance with the General P.U.D. Developmental Guidelines, Landscape Guidelines, Signage Guidelines, and Lighting Guidelines prior to final site plan approval. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments bythe Planning Office; and one copy shall be retained in the Planning Office file. 10-21-2002 -6- 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. Thata building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. That the applicant upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval has been satisfied. That the applicant continues the landscape features at the north and south extremes of the west building facade, similar to that of the Bob Ward and Son's retail store, and that the landscape plan be revised accordingly, for review and approval prior to final site plan approval and issuance of a Certificate of Appropriateness. That all wall-mounted and free-standing light fixtures reflect similar fixture style to that of the approved fixtures presently installed for said multi-tenant structure, and that typical details and cut-sheets be provided on the site plan for review and approval. That the building facade include a covered walkway along the south side of the building entrance similar to that of the existing walkway represented on the north side. That the applicant continue to extend the articulated parapet wall of the structure, maintain the variation in masonry CMU features, materials, patterns, and introduction of EFIS as an architectural feature, and continues to implement variation in the color scheme of the pigmented CMU walls to suggest the horizontal wainscot at the base of the structure. The applicant shall provide a common signage plan and legend for all signs proposed on said location, general style, overall dimensions, lettering size, area, materials, color, and method(s) of illumination, for review and approval by the Planning Office prior to final site plan approval. Said signage shall complywith the Bozeman Sign Ordinance and the P.U.D. Developmental Guidelines, unless the City Commission grants a deviation. That the main entrance to the building be modified so that the wall behind the wall- mounted sign will be more transparent and that the area of the wall-mounted sign be reduced. That the applicant obtain a building permit within one (1) year of receiving a Certificate of Appropriateness and Major Site Plan review approval, and prior to proceeding with construction of the project. That the applicant includes a colored concrete driveway to be installed across the main entry and the off-street parking lot. 10-21-2002 -7- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Continued public hearing - intent to annex 1.75 acres described as Tracts lA and 2A, COS E-9-C, Longacres Subdivision (southeast corner of intersection of Kagy Boulevard and Sourdough Road) - Norman Benjamin (A-02008) This was the time and place set for the continued public hearing on the intent to annex 1.75 acres described as Tracts lA and 2A, Certificate of Survey No. E-9-C, Longacres Subdivision, as requested by Norman Benjamin underApplication No. A-02008, as established by Commission Resolution No. 3538, entitled: COMMISSION RESOLUTION NO. 3538 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Kirchhoff reopened the continued public hearing. Assistant Planner Susan Kozub presented the staff report. She stated the subject 1.75-acre parcel is located at the southeast corner of the intersection of Kagy Boulevard and Sourdough Road. She reviewed the surrounding zoning designations, which includes "R-2" zoning to the north and county"R-S" zoning to the south, east and west; and the developed properties surrounding this parcel contain single-family residences. The Assistant Planner stated that staff has reviewed this application in light of the goals and policies contained in Commission Resolution No. 3137. As a result of that reviewand staff's comprehensive findings, which are contained in the written report, staff has forwarded a recommendation for approval, subject to the following issues being addressed prior to or in conjunction with the annexation agreement: The owner shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs to be filed with the Annexation Agreement for the following: a) A City-wide Parks Maintenance District. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the said improvements on a fair share, proportionate basis such as square footage, taxable valuation of the property, traffic contribution from the development, or a combination thereof. As the parcel is less than 10 acres in size, water rights, or cash in-lieu, must be provided at the time the Annexation Agreement is submitted. The Annexation Agreement, which addresses all terms placed on the annexation application bythe City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. The applicant shall submit an annexation map with a legal description of the property; show the existing public utilities (water, sewer, roadways and storm drainage) improvements on the property; and show adjacent developments (subdivision name, block and lots). The map shall also show rights-of-way and public easements within and adjacent to the property with the Annexation Agreement. The map must be 10-21-2002 -8- 10. supplied on: 1 ) one mylar copy (18-inch by 24-inch) for City records; 2) one digital copy on a double-sided, high density 3½-inch floppy disk; and 3) one paper copy on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a) Street improvements to Sourdough Road; including paving, curb and gutter, sidewalk, and storm drainage improvements. b) Signalization of the intersection of South Church Avenue and Kagy Boulevard. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The annexation agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. Prior to anydevelopment of the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. According to the Greater Bozeman Area Transportation Master Plan, 2001 Update, Sourdough Road is designated as a minor arterial street, which requires a 100-foot wide right-of-way. Based on available records, the existing right-of-way for Sourdough Road appears to be only 70 feet wide. Therefore, the applicant shall grant the required additional public street and utility easements to the City of Bozeman for one-half of a 100-foot right-of-way (50 feet) for Sourdough Road. A detailed Traffic Impact Analysis Report will be required prior to future development of the subject annexation. Prior to development of the property annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identifythe water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. 10-21-2002 1. The applicant is advised that water main extensions in excess of 500 feet must be looped. The Assistant Planner stated the Planning Office has received a petition and several letters opposing the requested annexation. She indicated that, since this is not a zoning issue, those statements of opposition do not trigger the requirement for a super-majority vote. Mr. Erik Nelson, architect representing the applicant, enumerated the benefits that would result from annexation of the subject property, including an increase in tax base for the City; connection to City services, which will provide both ecological and environmental benefits; and contribution to planned growth for the city. Responding to questions from Commissioner Brown, Mr. Nelson stated that City water and sewer services are currently available at the southeast corner of the intersection of Kagy Boulevard and Sourdough Road. He recognized that the water line must be looped through the subject property and indicated that, through proper engineering, both the water and sewer services can be extended to this site. Ms. Mary Ackermann, 2855 Sourdough Road, submitted an additional 17 names for the petitions of opposition to both this annexation and proposed zoning, noting that brings the total to over 140 signatures from neighbors or people who have families in the immediate area. She identified the topography of this site as one of her major concerns, noting that both the site and the immediate area are quite hilly. She suggested that, if this property is annexed and rezoned and the applicant then finds extension of services is difficult, he may simply sell to someone else who could seek a different zoning and cause the neighbors to revisit the issue. She concluded by encouraging the Commissioners to vote against the requested annexation. Ms. Margaret Hausser, 1102 Kagy Boulevard, stated she is against the annexation, reminding the Commission it is "something 150 neighbors abhor." Mr. Dan Harding, 3039 Candy Lane, stated he lives due west of the subject property and is very supportive of the requested annexation. He suggested it is time for people to become responsible for the growth of the communitywithin the city limits. He noted the traffic from development of this site will not impact the area; rather, the traffic from subdivisions to the south, such as Triple Tree and Eagle Rock, are stressing the intersection. He concluded by stating he feels it would be more appropriate to develop this site at higher densities with City services than to allow two homes to be constructed on the site with wells and septic tanks. Ms. Ann de Onis, 2115 Knaab Drive, voiced her opposition to the proposed annexation, stating she does not feel that various engineering issues have been adequately considered. Ms. Marian Steffes, 1002 East Kagy Boulevard, protested the proposed annexation, stating she views this as "part of poor planning by new neighbors." She noted it would make more sense to plan for the entire neighborhood than to annex this small parcel at this time. As a result, she encouraged the Commissioners to deny this annexation and allow a larger annexation to be considered in the future. Mr. Joe Mangiantini, 1002 East Kagy Boulevard, stated that when he went door-to-door about this proposed annexation and zoning, all but two people were against the annexation; and the opposition of 150 people in the neighborhood is a pretty strong signal. He noted that one of the biggest concerns is what will happen to the property if the applicant runs into roadblocks when he tries to develop it. He also voiced concerns that the applicant and his representatives did not even attempt to discuss plans for this property until very recently. He then turned his attention to the devastation that will occur on this property with the installation of the sewer line and looped water main given the fact that the site is hilly. He concluded by noting the applicant has indicated he would not want this type of development adjacent to his home in Shelby. Mr. Sherm Jahnke, 803 North 17th Avenue, stated he is the previous owner of this subject property. He stated that, while he would not ordinarily be opposed to annexation, he urges the Commission to vote "no" because of the ramifications of public sentiment and to forestall unwarranted development of the property. Mr. Paul House, 402 Bonner Lane, stated he grew up a couple miles south of the subject property, and he feels it is an excellent place to practice implementation of the Bozernan 2020 Community Plan, on a parcel within city limits close to alternative transportation. He noted that what used to be a wheat field along Sourdough Road now contains large homes with large lawns, and he is amazed by the amount of noise that 10-21-2002 10- is produced by lawnmowers and dogs. He encouraged the Commissioners to compare that type of development to a townhouse development, which is less impactive and requires neighborhood involvement in making decisions that affect their development. He concluded by voicing his strong support for annexation of this subject parcel. Mr. Bill Larson, 1012 East Kagy Boulevard, voiced his opposition to the requested annexation, noting that developing this property at urban densities would be inappropriate in an area where homes are located on one acre or more. Mr. John Lawson, 2856 Sourdough Road, noted he has submitted a letter of opposition. His reasons include the traffic on Kagy Boulevard, topography of the land, and the possibility of drainage from the site entering Sourdough Creek. Ms. Christine Yerley, 402 Bonner Lane, characterized townhouse living as fifteen neighbors working hard together in a quiet and unobtrusive setting. She stated that annexation gives the neighbors protections they don't receive from the County. She acknowledged it is different from the type of development that currently exists, but suggested that it could actually be beneficial to the immediate area as well as the community. Mr. Brad Garnick, 2505 Highland Boulevard, voiced strong opposition to the requested annexation, noting there are currently eighteen single-family residences and no duplexes along Sourdough Road. Ms. Eileen Torgerson stated she is the daughter of the applicant and is currently building a home just north of Kagy Boulevard. She stated that, as a realtor, she has found people like to live inside city limits, where they receive City services like water and sewer. She cautioned that development of this site in the county would probably not occur without those services because of their close proximity to the subject property. Assistant Planner Kozub responded to some of the concerns voiced, noting that run-off must be detained on the site and not allowed to run into Sourdough Creek. She then indicated that water and sewer services are currently available at the intersection and need only to be extended to this site. Mr. Norman Benjamin, applicant, stated that, as a farmer for 53 years, he is not a newcomer to adversity. He noted that he fell in love with the subject parcel when he saw it, and it is his intention to create a quality development on the site. He then indicated that it has been his intent to construct six to nine townhouses on the site, not the thirty or forty that have been recently rumored. He concluded by indicating he intends to complywith the City's rules and regulations and asking that the Commission approve the requested annexation. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Youngman noted that it inherently makes more sense to annex the property and have it develop within city limits. She noted that, while city residents are county taxpayers, county residents are not city taxpayers; rather, they impact City services without any offsetting revenues. She voiced concern that this property is across the street from Bozeman Creek, and a septic system could result in problems for that major waterway. Commissioner Hietala indicated his concurrence with Commissioner Youngman's comments. Commissioner Brown stated he, too, feels the property must develop within the city limits and on City services. Commissioner Cetraro and Mayor Kirchhoff stated that they, too, agree with the comments from the other Commissioners. Commissioner Youngman noted that one of the speakers had expressed concern that this annexation and development could have a domino effect on surrounding properties. She assured the county residents that, in the past, the City has not done any involuntary annexations; and she does not anticipate such annexations occurring in this area. 10-21-2002 -11 - Itwas moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission initially approve the annexation of 1.75 acres described as Tracts lA and 2A, Certificate of Survey No. E-9-C, Longacres Subdivision, as requested by Norman Benjamin under Application No. A-02008; and authorize and direct staff to bring back an Annexation Agreement addressing Item Nos. I through 11 listed above for Commission review and consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Continued public hearing - Zone Map Amendment - establish initial zoning designation of "R-2" on 1.75 acres described as Tracts lA and 2A, COS E-9-C, Longacres Subdivision (southeast corner of intersection of Kagy Boulevard and Sourdough Road) - ThinkTank Design for Norman Benjamin (Z-02150) This was the time and place set for the continued public hearing on the Zone Map Amendment requested by ThinkTank Design for Norman Benjamin under Application No. Z-02150 to establish an initial zoning designation of"R-2", Residential-Single-household, Medium-density, on 1.75 acres described as Tracts lA and 2A, Certificate of Survey No. E-9-C, Longacres Subdivision. Mayor Kirchhoff reopened the continued public hearing. Assistant Planner Susan Kozub presented the staff report. She stated that under this application, the land approved for annexation in the previous agenda item would receive an initial zoning designation of"R-2," Residential-Single-household, Medium-density. She stated that staff has reviewed this application in light of the twelve criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings and forwarded staff's recommendation for approval. She then stated that, following its public hearing on this application, the Zoning Commission forwarded its recommendation for approval of an "R-S," Residential-Suburban, zoning designation. The Assistant Planner noted there has been significant public comment regarding the requested zoning designation. To date, staff has received fifteen letters of opposition; four letters of support, including one from the applicant; and one neutral comment. Also, 11¼ of the 20 properties within 150 feet of the subject property are represented on a petition of opposition that has been submitted; and that triggers the requirement for a super-majority vote to approve an urban density zoning designation. The Assistant Planner turned her attention to the size of the subject property, which is 1.75 acres. She noted that after the right-of-way for roads is subtracted, 1.3 acres remain; and that is the area on which the density is estimated in her memo dated October 15. She briefly reviewed that information, noting that with a density bonus, 1.7 units would be allowed under the"R-S" designation, 6.8 units under the "R-1" designation, and 10.1 units under the"R-2" zoning designation. She then indicated that those numbers are rounded down when calculating the actual densities allowed, and stressed that the 1.3 acres is simply a rough estimation. Mr. Erik Nelson, ThinkTank Design, spoke on behalf of the applicant. He stated that a higher density of residential development seems appropriate on this site, which is located close to transportation corridors, utility services and cultural features. He noted that the urban density zoning is also ecologically responsible because it provides for more efficient use of services and eliminates the possibility of two septic tanks. He stated it makes no economic sense to annex and rezone to an "R-S" designation, plus the City's ability to control the location of houses is diminished. He suggested that allowing a townhouse development under an "R-2" zoning designation could result in more functional open space, reduce the impact of sprawl, eliminate septic systems, allow for efficient use of existing services, provide a mix of housing types, contribute to the character of the neighborhood, and contribute to solutions for traffic at the intersection of Kagy Boulevard and Sourdough Road. Mr. Brian Caldwell, ThinkTank, stated that under the proposed "R-2" zoning designation, they envision a smart growth development that is beneficial to the area and the community. He suggested that a townhouse project could be done in a manner that clusters the units and preserves open space and the natural topography of the site. He cautioned that not approving the requested "R-2" zoning could result in more large trophy homes being built in this area. 10-21-2002 12- Mr. Charles Pass, 2150 Chambers Drive, stated he grew up in Bozeman and retired back to the area about six months ago. He noted that his home overlooks the subject property, and he signed the petition of opposition because he did not know what would be constructed on the site and did not want to see commercial or haphazard housing there. After meeting with the owners of the property today and listening to the applicant's representatives, however, he feels the requested zoning is appropriate and supports it. Mr. Jim Wantulok, 3045 Sourdough Road, stated he purchased his home six years ago, taking into consideration the surrounding zoning and development. He noted that this is a residential area where homes are built on one acre or more. While he is not opposed to growth in the city, he is opposed to randomly changing things and the potential domino effect of those changes. He is also concerned about the traffic on Sourdough Road. He concluded by asking the Commission to not approve the requested rezoning. Mr. Tom Greason, 2003 Knaab Drive, stated he has lived in his home for nine years and overlooks this property and the intersection. He characterized this as an emotional and sensitive issue. He voiced support for an "R-S" zoning designation on the subject property, noting that two houses would fit very nicely on the site. He is very concerned about multi-unit housing on the site, cautioning that the result would be more traffic and more hazards. He concluded by voicing his opposition to either "R-I" or "R-2" zoning for the property. Mr. Tim Rudy, 314 North 9th Avenue, stated he supports both the annexation and rezoning of this property. He noted that when a woman came to his work at the Montessori school on Sourdough Road, she indicated that fifteen to twenty units of Iow-income affordable housing were being proposed for the property; so he signed the petition of opposition. However, after meeting with the applicant's representatives and learning about the project proposed, he feels it is appropriate and will have less impact than the SUVs speeding down Sourdough Road to the big homes south of town. Mrs. Barbara Greason, 2003 Knaab Drive, stated her concurrence with many of the comments in opposition to the higher density zoning. She noted that, when driving around town, she finds there is no shortage of multi-family housing in Bozeman; and she feels that adding multi-family housing in this area that is predominantly single-family is inappropriate. Ms. MaryAckermann, 2855 Sourdough Road, expressed her opposition to the requested "R-2" zoning designation. She indicated that her research revealed that in the past five years, 126 building permits have been issued for townhouses and 620 permits issued for medium-density units; and an additional 45 townhouses are now proposed and 206 condominium/townhouse units are under construction. Also, 79 townhouse and condominium units, 7 duplexes and 33 "R-2" zoned lots are on the market at the present time. Within a half mile of this site there are 112 single-family residences, 20 vacant lots and 54 condominium /townhouse units. In light of these statistics, she feels an "R-S" zoning is more appropriate than the "R-2" zoning designation. Mr. Paul House, 402 Bonner Lane, stated his support for the requested "R-2" zoning designation, noting that nine orten units will not significantly increase the amount of traffic. He suggested there is a high demand for cottage style development, and he anticipates it will be well accepted by the community. Ms. Margaret Hausser, 1102 East Kagy Boulevard, stated that thosewho support the requested zoning do not live in the vicinity and encouraged the Commissioners to carefully consider the comments of those who live in the area. Mr. Dan Harding 3039 Candy Lane, stated he feels the climate of opposition is based on fear and not on any real facts. He noted that he lives in one of the first subdivisions in Gallatin County, and there are three duplexes on his street. He stated that the sidewalks and trail connections that can result from development of this site will benefit the entire community. He concluded by expressing his support for the application before the Commission. Mr. Joe Mangiantini, 1002 East Kagy Boulevard, stated that when he went door to door with the petition, hedid not knowwhat type of development was being proposed; he found out onlytwo days before this hearing. He noted that in this area of single-family residences, he feels it is inappropriate to change the zoning from "R-S" to either "R-I" or "R-2" and, as a result, he urged the Commission to not approve the requested zone change. 10-21-2002 13- Mr. Sherm Jahnke, 803 North 17th Avenue, stated he and his wife owned this property from the mid 1980s until this spring; and it has never been his intention to see more than two houses constructed on this site. He noted that in recent years, he has placed two valuable properties in Michigan in conservation easements with stringent restrictions; however, he did not anticipate the need to do the same with this property because he did not expect a change in zoning. He apologized to the Commission for his failure to include such restrictions, and encouraged approval of an "R-S" zoning for this property. Mr. recognized As a result, Bill Larson, 1012 East Kagy Boulevard, stated he lives 250 feet east of the subject property. He that the concept plan for development of the site is well thought out; it's just in the wrong place. he encouraged the Commission to not approve the requested zoning. Mr. John Lawson, 2856 Sourdough Road, noted that he has encountered recent medical problems and, as a result, has been unable to learn about the proposals for this property. Ms. Marian Steffes, 1002 East Kagy Boulevard, asked that the Commission retain the "R-S" zoning district and allow single-family development on the site, noting she is opposed to both the "R-I" and "R-2" zoning designations. Ms. Herva Simpson, 2857 Sourdough Road, asked the Commissioners to retain the "R-S" zoning and to allow only two houses to be constructed on this property. Assistant Planner Kozub stated that under the "R-2" zoning, single-family development is allowed; however, an applicant can request up to four-plexes under a planned unit development. Mr. Erik Nelson noted that many of the neighbors have participated to a certain extent in the various meetings regarding this application and stated that at no time has the development team turned a cold shoulder to their desire to participate. He acknowledged that, at one time, the developer was considering twelve townhouse units on the site, but that is clearly not possible and nine are now being considered. He indicated that they are also contemplating the facilitated land use process, to involve the neighbors in the planned unit development. He concluded by noting that the residential neighborhood character can be retained with the requested "R-2" zoning and encouraged Commission approval. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Mayor Kirchhoff stated he is against density increases where land resources are so valuable that the increase would have a negative impact or where the resultwould be crowding and congestion. He noted that neither of those conditions exist in this case and, as a result, he supports the requested "R-2" zoning. Commissioner Brown voiced concerns about extending water and sewer services to this property given its topography and about the very dangerous road adjacent to this site. He indicated that"R-2" zoning would result in overbuilding for this property and further compound traffic safety issues. Commissioner Hietala stated his support for the requested "R-2" zoning. He noted that City services are close to this property, and its development will increase the City's tax base. He then indicated that adding seven to nine units will not have much impact on Sourdough Road, although it could help speed signalization of the intersection of Kagy Boulevard and Sourdough Road, thus alleviating existing traffic problems. He noted that, as a college community, homeowner occupancy runs 40 to 45 percent in Bozeman, compared to the 66 percent national average. Commissioner Brown stated that the surrounding properties to the south, east and west are all developed at one house per acre and, while the property to the north is zoned "R-2", it is developed more like the surrounding "R-S" development. He noted that, while he feels development on this site should be served by City water and sewer, he feels the existing "R-2" zoning should be retained. Responding to Commissioner Youngman, Planning Director Epple stated that The Headlands development is at 1½ times the density of surrounding development. Commissioner Youngman expressed her conflicting feelings about the requested rezoning, noting that neighbors onthree sides have developed in the county at an "R-S" density. She acknowledged that it makes 10-21-2002 -14- sense to construct a small cluster of townhouses or single-family homes near a busy intersection for buffering, and she recognizes that national statistics show those homes will have no adverse impact on the values of the larger homes in the area. She stressed that a zoning decision may not be based on a development proposal; rather, the Commission must trust the integrity of the applicant and his representatives. She noted that multi-family can be mixed with single-family development when done right and suggested that the facilitated land use process could help ensure that. She indicated her interest in an "R-1 "zoning designation, noting that would provide more protection for the property and the surrounding developments. She noted that, if through the facilitated land use process the applicant and neighbors agree on a plan that requires an "R-2" zoning designation, the Commission could entertain a rezoning of this property at a later date. Mayor Kirchhoff requested that the Commission begin its decision-making process with a motion to establish an initial zoning designation of "R-2" on the subject property, working backward until a motion is approved. He then reiterated his support for the requested zoning. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Zone Map Amendment, requested by ThinkTank Design for Norman Benjamin under Application No. Z-02150, to establish an initial zoning designation of"R-2", Residential-Single-household, Medium-density, on 1.75 acres described as Tracts lA and 2A, Certificate of Survey No. E-9-C, Longacres Subdivision, be approved subject to the following conditions: That the ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and adopted by the City Commission. If the annexation is not approved, the application shall be void. That the applicant submit a zone amendment map, titled "Benjamin Annexation," on: 1 ) a 24-inch by 36-inch mylar; 2) an 8½-inch by 11-inch or 8½-inch by 14-inch paper exhibit; and 3) 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 Cityof Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, description of the boundaries of each specific zoning designation, total acreage of the property, acreage of each specific zoning designation, and adjoining rights-of-way and/or street access easements. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Brown. Break - 9:25 to 9:35 p.m. Mayor Kirchhoffdeclared a break from 9:25 p.m. to 9:35 p.m., in accordance with Commission policy. Ordinance No. 1582 -adopting comprehensive revisions to subdivision regulations Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1582, as approved by the City Attorney, entitled: ORDINANCE NO. 1582 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A NEW SUBDIVISION ORDINANCE TO BRING THE CITY'S 10-21-2002 -15- SUBDIVISION REGULATIONS INTO COMPLIANCE WITH STATE STATUTE AND INTO CONFORMANCE WITH THE RECENTLY ADOPTED MUNICIPAL GROWTH POLICY. Commissioner Youngman requested that those who plan to vote "No" on final adoption of the ordinance identify their reasons for doing so. Commissioner Hietala suggested that, in light of the recent Attorney General's opinion, he does not believe immediate adoption of these revisions is necessary. He feels the setbacks along Bozeman Creek that were recently adopted don't take into consideration what has been built along that water course, resulting in the Commission considering any additional development along that corridor on a case-by-case basis. Commissioner Cetraro noted that the record from previous meetings reflects his concerns about subdivision requirements and the allowed uses in the "M-I" zoning district. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No. 1582, adopting comprehensive revisions to the subdivision regulations, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. Commissioner appointments to City-County Board of Health and City Planning Board It was moved by Commissioner Cetraro, seconded by Commissioner You ngman, that Commissioner Hietala be appointed to replace Mayor Kirchhoff on the City-County Board of Health and that Commissioner Brown be appointed to replace Commissioner Cetraro on the City Planning Board, for the remainder of the 2002-2003 term. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Discussion - possible cancellation of November 4 Commission meeting Mayor Kirchhoff stated that there are no items scheduled for the November 4 Commission meeting and, since it is the day before a holiday, it seems like a natural place to take a break from the weekly meeting schedule. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the November 4 Commission meeting be cancelled. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) E-mail message from the Montana Department of Fish, Wildlife and Parks regarding the Statewide Comprehensive Outdoor Recreation Plan (SCORP). (2) Copy of the notice for clean-up of leaves, scheduled to begin on Wednesday, November 6. (3) Information sheet from the Park and Gallatin Citizens' Alliance, dated October 8, regarding coalbed methane drilling. (4) Updated listing of planning projects to be considered at upcoming Commission meetings. (5) Draft minutes from the Community Affordable Housing Advisory Board meeting held on October 9. 10-21-2002 -16- (6) cancelled. Notice that the Gallatin County Planning Board meeting scheduled for October 22 has been (7) Agenda for the CountyCommission meeting to be held in the Commission Room at 9:00 a.m. on Tuesday, October 22. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 22, at the Professional Building. (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 22, at the Professional Building. (10) City Manager Johnson submitted the following. (1) Announced that the evening session of next week's meeting will be held in the Gallatin Room at the Holiday Inn. (2) Stated that he will be out of the office for surgery for a portion of next week. (11 ) Planning Director Epple gave a brief overview of projects being undertaken in his office. He noted that the application for the mixed use planned unit development on the Walton property was received today. Assistant Planner Susan Kozub and Associate Planner Jody Sanford are beginning work on the South Rouse/South Church Avenue sub-area plan. City staff and Dr. Robert Frielich have agreed on the terms of an agreement for preparing a unified development ordinance. (12) Director of Public Service Debbie Arkell submitted the following. (1) Announced that renovation of the water main in South Black Avenue is moving forward. (2) Responding to the City Manager, she indicated that South Church Avenue is to be reopened in mid-November; he asked that it be opened sooner if possible. (13) Director of Public Service Arkell sought direction to staff regarding presentations at next week's Commission meeting regarding siting of the solid waste transfer station. She cautioned that the Commission will be receiving the economic feasibility study at that meeting and may receive additional new information from the public, and suggested that delaying the decision might be beneficial. As a result of discussion, the Commissioners generally agreed that staff should provide an abbreviated power point presentation and be ready to respond to as many questions as possible, including comparative economic questions. The Commissioners are to submit questions they have identified or heard from the public by mid-week, so staff can be prepared to respond to them at the meeting. In response to a question from Commissioner Brown, it was determined that the Commission will consider written comments as valid input to be considered; voice messages and video tapes of the neighborhood meetings will not be considered part of the record for the meeting. Commissioner Youngman suggested that, since the economic feasibility study is to be presented at that meeting, the public be given until 5:00 p.m. on Friday, November 1, to submit written testimony; the Commissioners concurred. The City Manager indicated that additional input can be made available to the Commissioners on Monday, November 4, if they wish to have more time for review prior to the November 12 meeting. (14) Commissioner Youngman submitted the following. (1)Announced thata neighborhood in the northwest quadrant of the community has requested information on a neighborhood watch program. (2) Asked for Commissioner input regarding the first page of the newsletter, which is to be laid out tomorrow morning. (15) Mayor Kirchhoff distributed copies of a map of the northeast section of the city, noting that the 12-acre trapezoidal parcel immediately north of the Bridger Center commercial area and immediately west of the Bridger Creek Subdivision is for sale; and the owner would entertain the City as a potential purchaser. He suggested that this property could be an extension of the East Gallatin Recreation Area or could possibly be used for a disc golf course. The Commissioners agreed that it would be worth further investigation and suggested that Mr. Gary Vodenhal, Gallatin Valley Land Trust, be asked to do the necessary research. 10-21-2002 -17- (16) Commissioner Cetraro submitted the following. (1) Asked for an update on the big box ordinance; staff responded that it is scheduled for public hearing before the Zoning Commission at a special meeting on October 29 and before the City Commission on November 12. (2) Asked for an update on the Saccoccia case; the City Manager responded that the plaintiff's attorney had sought a two-week extension, which should end soon. He indicated that the City's attorney will then make a recommendation on the next step. (17) Commissioner Brown presented to the Mayor the plaque from ProtectMontanaKids.org that he had accepted on behalf of the City in recognition of the Commission's passage of the clean indoor air ordinance. Adjournment- 10:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 10-21-2002