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HomeMy WebLinkAbout2002-09-23 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 23, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 23, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe 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 and September 16, 2002 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13 and September 16, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manager to sign - Annexation Agreement with George E. Westlake and Kay H. Martinen for annexation of 22.842-acre parcel located in the NE%, Section 1, T2S, R5E, and the NW%, Section 6, T2S, R6E, MPM (east of WalMart, between Oak Street and Interstate 90) Commission Resolution No. 3542 - annexing 22.842-acre parcel located in the NE%, Section 1, T2S, R5E, and the NW¼, Section 6, T2S, R6E, MPM (east of WalMart, between Oak Street and Interstate 90) COMMISSION RESOLUTION NO. 3542 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1577 - establishing an initial municipal zoning designation of "B-2" on 22.842-acre parcel located in the NE%, Section 1, T2S, R5E, and the NW¼, Section 6, T2S, R6E, MPM (east of WalMart, between Oak Street and Interstate 90); provisionally adopt and bring back in two weeks for final adoption ORDINANCE NO. 1577 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 22.842 ACRES SITUATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, AND NORTHWEST QUARTER SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA. 09-23-2002 -2- Ordinance No. 1578 - discontinuing and vacating those portions of North 5th Avenue and Baxter Lane located between the north right-of-way line of West Oak Street and the east right-of-way line of North 7th Avenue; provisionally adopt and bring back in two weeks for final adoption ORDINANCE NO. 1578 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING AND VACATING THOSE PORTIONS OF NORTH 5TH AVENUE AND BAXTER LANE GENERALLY LOCATED BETWEEN THE NORTH RIGHT-OF-WAY LINE OF WEST OAK STREET AND THE EAST RIGHT-OF-WAY LINE OF NORTH 7TH AVENUE IN THE CITY OF BOZEMAN, MONTANA. Authorize City Manager to si~_n - Aqreement with Mountain Peaks, Inc., for Misdemeanor Supervision Services through June 30, 2003 Authorize City Manager to sign - Professional Services Agreement with HDR En;ineerinq. Inc., for WVVTP Struvite Investigation Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, 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 Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Presentation of water conservation plan - Bill DeOreo, Aquacraft, Inc. Included in the Commissioners' packets was a copy of the City of Bozeman Water Conservation Study, dated March 2002, as prepared by Aquacraft, Inc. City Engineer Rick Hixson introduced the subject by providing a history of the issue. He stated that over the past two years, Mr. Bill DeOreo, Aquacraft, Inc., has worked with staff to prepare this report. He noted that report was determined necessary by a group of people involved in a broad spectrum task force, and two years ago the Commission directed staff to retain a consultant to prepare a water conservation plan for Bozeman. He indicated that Mr. DeOreo is recognized as a leader in the country in preparing water conservation plans, and he has prepared this plan taking into consideration a substantial amount of input from a variety of different people. He noted that water conservation in times of shortage is straightforward; this plan is to consider if conservation is fiscally responsible at all times. City Engineer Hixson stated the plan is simply being presented at this time, with no formal action anticipated. He asked, however, that the Commission give careful consideration to adopting it after revisions have been made. He indicated that this plan currently contains one provision that may not be allowed under State law, and that issue needs to be referred back to City staff. He noted the study provides a financial model that can be used to determine if it makes sense to adopt a conservation plan to defer capital improvements. He concluded by noting that, hopefully, the Commission will adopt the plan as a working document to guide steps in spending capital. Mr. Bill DeOreo, Aquacraft, Inc., presented the plan, noting the title of his power point presentation is "Conservation in Paradise." He noted that people's impressions of Bozeman are the water, streams, fishing, lakes and unspoiled environment, and it is the ethic of the residents to preserve and maintain that resource in as unspoiled a state as possible. He indicated one of the key questions to be answered is whether it makes sense to conserve in such a water rich environment. Mr. DeOreo stressed that the City's water department is not a water company; rather, it is a utility that provides a service to its customers. He indicated that, from a customer's standpoint, the amount of water used is inconsequential as long as the service is good and their needs are met. 09-23-2002 -3- Mr. DeOreo noted that the current demand of 4,600 acre feet per year is projected to nearly double in thirty years, to 8,000 acre feet per year. He stated that immediate problems include the need for expansion of the plant capacity, and there is uncertainty about the need for new storage and the possible need to purchase more water rights. As a result, he spent time collecting data and developing a demand projection model both with and without water conservation and linked that to a financial model. Mr. DeOreo noted that the City's existing system is surface supplies from mountain watersheds with one filtration plant and a second to be added for the Lyman Creek water source. He indicated that the City essentially charges a flat rate of $2.10 per 1,000 gallons for residential service. He stated the City has a legal supply estimated at 13,230 acre feet and a reliable supply of 10,370 acre feet, based on the worst case scenario since 1984. He provided statistical data about the City's water usage, noting that approximately 12 percent of the water is unaccounted for and suggested that a leak detection program could be beneficial. He indicated that a review of water delivered from 1989 to 2000 revealed a slight decrease, which could possibly be a random variation. Mr. DeOreo reviewed water usage by category, noting that residential uses 56 percent, commercial uses 27 percent and MSU uses 16 percent. Single-family residential development also dominates the peak demands, followed by commercial uses. The study further revealed that 75 percent of the water usage is indoor, with 25 percent being outdoor. The national average indoor use is 70 gallons per capita per day, with showers, clothes washing and toilets being the largest consumption. He suggested that compliance with the Energy PolicyAct, which includes 1.6 gallon toilets and 2.5 gallon-per-minute shower heads, could reduce that consumption by 10 gallons per capita per day; and using the best available technology could probably reduce the consumption to 40 gallons per capita per day. Mr. Bill DeOreo stated that looking at residential indoor efficiency makes sense, suggesting that education and incentives would be a good wayto approach the issue. Also, reducing the unaccounted water could increase the amount of water available to the community. He briefly reviewed the table of conservation options, which range from doing nothing to implementing various levels of water conservation indoors and reducing irrigation use outdoors. Mr. DeOreo reviewed the changes in the financial models and how various conservation measures would impact the financial state of the department. Of the various options run, he recommended Option B, cautioning there will be a two to three-year lag in seeing results. He also recommended that the flat rate billing system be abandoned, that alternate day irrigation measures be implemented to control peaks, that a leak detection program be implemented, and that an education program be undertaken. He indicated that higher efficiency in new buildings is critical. He concluded by stressing the importance of recognizing that future costs will be much higher than today's costs. Responding to Commissioner Brown, Mr. DeOreo stated that requiring new developments to drill wells for irrigation may not save much water; however, it does make a great deal of sense to use well water rather than treated water for that purpose. Responding to City Manager Johnson, City Engineer Rick Hixson stated the City does have leak detection equipment; however, it is not currently being used in a systematic program. He then indicated he feels the 12-percent rate identified by the consultant is relatively accurate. Commissioner Youngman thanked Mr. DeOreo for the report, noting it is responsive to the local culture and is sensitive to local needs. Commissioner Hietala suggested that development potential be considered, noting he has seen information that suggests there are adequate developable water supplies to sustain a population of 200,000 at current consumption rates. Commissioner Youngman responded that two studies have already been done, and the committee recommended that conservation be considered first. She then identified some other studies that have been completed, including the broad spectrum task force, the dam study and the deep aquifer studies. A majority of the Commissioners indicated interest in revisiting those reports. The Mayor thanked Mr. DeOreo for his presentation. 09-23-2002 Work session with Bay Area Economics (BAE) re needs assessment for affordable housin~l Mr. Paul Peninger, Bay Area Economics (BAE), noted that the City has retained BAE to conduct an affordable housing needs assessment and prepare an implementation plan to address the housing portions of the Bozeman 2020 Community Plan. He stated the needs assessment is to identify real needs and to project needs over a twenty year period, then prepare an action plan. He indicated that he is on an initial information gathering tour of the community, meeting with as many people and groups as possible to gather information and culminating in a town meeting on Wednesday evening. He stated that in this meeting, he is seeking Commission feedback on why this studywas commissioned and what the results are to be, along with any other comments or questions. Mayor Kirchhoff noted the City is now in the process of implementing the growth policy that was adopted less than a year ago. One of that policy's provisions calls for multiple housing types, particularly on larger tracts of land, and removing the hard edges of zoning districts. He is particularly interested in strategies to overcome the community resistance to integration of housing types. He asked that the plan take into account the transit system, and that it reflect input from the development community, the financial community and those served by the affordable housing. Fui'ther, he requested any design components that could make affordable housing a friendlier neighborhood, such as design of buildings, lot layout, traffic circulation, parking, and livability. He concluded by noting the City already has a housing policy that has not generated the desired results, and stressing the importance of a relationship with the community. Responding to Mr. Peninger, Mayor Kirchhoff stated that during community input on the growth plan, there were visual preference surveys, but no direct input on different densities and types of housing. Responding to Commissioner Hietala, Planning Director Epple stated that if a project is located in an overlay district or a planned unit development, visual impacts are considered; however, in other areas, not much attention is paid to the appearance during the review and approval processes. Commissioner Brown noted that he participated in a bus tour that looked at most of the examples of affordable housing in the community, and he was impressed by the amount and diversity of that housing. Commissioner Youngman stated a similar tour is planned for Mr. Peninger and the Community Affordable Housing Advisory Board, noting that any interested Commissioners may also participate. Mr. Peninger indicated that the Board feels a ground survey is needed, and that will be administered by local sources. Depending on the survey, he projected that the needs assessment will be completed in three to six months, stating that he has done quite a bit of analysis to date. Responding to City Manager Johnson, Caren Roberty, HRDC, indicated that the Board felt a current needs assessment is an essential part of applications for housing grants. She noted that everyone says there's a need for more affordable housing in Bozeman, but no one is really sure what the primary need is or who needs to be served most. This study will allow the Board to understand the most vital housing needs. She confirmed that this study will replace the study completed by the White Sulphur Springs firm in 1995. She concluded by indicating that the study is to be funded through the City's housing fund. Responding to Commissioner Hietala, Commissioner Youngman stated that it is questionable whether information from a seven year old needs assessment would be accepted as valid in a grant application. She noted that the 1995 study was completed because the City had been unsuccessful in a grant application because it lacked a current needs assessment. Planning Director Epple requested that the study provide more policy recommendations than previous studies. Responding to City Attorney Luwe, Mr. Peninger indicated that he can provide specific language recommendations for regulatory change or he can provide broad policy recommendations, depending on the Commission's desire. He then noted the Bozeman 2020 Community Plan indicates a plan will be prepared every five years, with steps and actions, and that the zone code and subdivision regulations will also be reviewed every five years. 09-23-2002 5- City Manager Johnson stated a broad study is not valuable; rather, he wants specific recommendations. He noted that a review of the implementation comments revealed that they are open to a substantial amount of interpretation without those specifics. Mayor Kirchhoff noted the Commission is groping toward inclusionary zoning in new annexations, with conditions pertaining to affordability and permanent affordability. He acknowledged that these demands on developers are driving up the costs, and Bozeman needs a document that reflects experience and a working knowledge of the community. He then characterized the affordable housing issue as a political one and encouraged the consultant to be mindful of that in providing a report that is specific and delicately balanced. Commissioner Brown stated that Montana State University has a significant impact on the community's housing marking. He acknowledged that the impact is temporary, but it is real and needs to be addressed. As a result, he suggested that the University may not be adequately represented in the agenda of meetings for this initial visit to the community. Mayor Kirchhoffthanked Mr. Peninger for attending this work session and seeking Commissioner input. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Judith W. Mortensen voicing concerns about the negative impacts of the Super WalMart in Great Falls. (2) E-mail from Carol Wester indicating that the Town and Country Foods proposal is inappropriate for the site at the corner of South Third Avenue and Kagy Boulevard. (3) Letter from the Museum of the Rockies, dated September 16, expressing concerns regarding the proposed planned unit development at the corner of South Third Avenue and Kagy Boulevard. (4) Invitation to attend an open house sponsored by the Sierra Club, to be held at the Big Horn Deli at 6:30 p.m. on Tuesday, September 24. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 24, at the Professional Building. (6) Notice that the Design Review Board meeting for Tuesday, September 24, has been cancelled due to the lack of agenda items. (7) Notice that the County Commission meeting for Tuesday, September 24, has been cancelled. (8) Resignation from the Community Affordable Housing Advisory Board, submitted by Dab Dabney via e-mail dated September 19. (9) E-mail from Robert and Carol Flaherty, 416 West Arnold Street, in opposition to the proposed planned unit development for the property at the intersection of South Third Avenue and Kagy Boulevard. (10) September 20, 2002, update of planning projects to be considered at upcoming Commission meetings. (11 ) Memo from Staff Attorney Tim Cooper, dated September 23, forwarding the initial draft of an ordinance implementing the recommendations of the big box task force. (12) City Manager Johnson noted that next week's meeting is at 3:00 p.m. only and includes a public hearing, which is not normal for an afternoon session. 09-23-2002 -6- (13) City Manager Johnson provided an update on his attendance at the Clean Cities Coalition meeting last Wednesday. He noted that the group, which includes representatives from Idaho Falls to Bozeman and Livingston, to Jackson Hole, including the two national parks, is looking at alternative fuels. He indicated that representatives from the national clean cities group were also in attendance. He noted that grants may be available through this source to help in developing a transit system, particularly if alternative fuels are used; and grant monies could also be available to build the infrastructure needed to provide alternative fuels locally. He stated that a prototype of a new red bus that can use any fuel, including an electric hybrid, was unveiled at that meeting; and that prototype is based on the old park service buses. (14) Commissioner Brown stated that a small, non-controversial part of the transit committee met with theASMSU Executive Council last week, and a follow-up meeting with the full student senate is scheduled for October 17. He noted that the Bobcat transit is funded through student fees and, while the students may not be willing to increase their assessment, they may be willing to be a part of a community-wide transit system. Break - 4:50 to 4:55 p.m. Mayor Kirchhoff declared a break from 4:50 p.m. to 4:55 p.m., in accordance with Commission policy. Executive Session re litigation stratec~v At 4:50 pm., Mayor Kirchhoff announced that, pursuant to Section 2-3-203(4)(a), Montana Code Annotated, and the Montana Supreme Court rulings, he, as presiding officer, has determined that the discussion of strategyto be followed with respect to litigation in open meeting would have a detrimental effect on the litigating position of the City. He then called an executive session for the purpose of discussing litigation strategy and requested that all persons except the Commissioners, City Manager, City Attorney and the Clerk leave the room. Ms. Erin Everett, reporter for the Bozeman Daily Chronicle, voiced her opposition to closing of the4 meeting. Mayor Kirchhoff left the meeting at 5:20 p.m. At 5:50 p.m., Mayor Pro Tempore Cetraro closed the executive session and reconvened the open meeting. Recess - 5:50 p.m. Mayor Pro Tempore Cetraro recessed the meeting at 5:50 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Ordinance No. 1579 - revising Section 10.32.250 of the Bozeman Municipal Code, establishing requirements for compliance with posted time limits for parking Included in the Commissioners' packets was a copy of Ordinance No. 1579, as approved by the City Attorney, entitled: 09-23-2002 ORDINANCE NO. 1579 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.250 OF SAID CODE, ESTABLISHING REQUIREMENTS FOR COMPLIANCE WITH POSTED TIME LIMITS FOR PARKING ON THE SAME BLOCK FACE OR WITHIN 500 FEET OF WHERE ORIGINALLY PARKED. Mr. Chris Pope, Chair of the Parking Commission, characterized the revisions in this ordinance as technical changes that will serve as the centerpiece for future changes. He noted that the Parking Commissioners undertook a program two years ago to educate themselves on downtown parking needs. These two ordinances provide for a revision in regulating the two-hour time limit and a revision in the fine structure for overtime parking. He noted that at the present time, a car can be rolled forward or backward eight feet and trigger a new two-hour period; under this ordinance, the car must be moved from that block face. The next agenda item is an ordinance which establishes a straight $15 fine for infractions of the two-hour limit, replacing the sliding scale. Mr. Pope stated the Parking Commission is planning a number of initiatives for this year and next year to address parking issues for customers, residents, employers and employees, particularly since parking has been identified as the centerpiece for making the downtown area thrive. These changes include new technology for writing tickets, which will allow law enforcement to be more efficient; doubling the number of lease spaces available, starting in January identifying parking needs for the future; and developing long-range facilities plans. He concluded by stating the Parking Commission wishes to continue providing the free park ng downtown, which is unique to Bozeman, while minimizing regulation. He indicated that this ordinance will help the Parking Commission address those individuals who poorly use or misuse the existing on-street parking. Responding to Commissioner Hietala, Mr. Pope stated that the current ticket writing technology cannot handle the sophistication of histories on all automobiles that is required for the escalating fine system. He indicated that with the new technology, a flat fee will be easier to manage and better understood by the public. The $15 fine proposed is higher than the $5 fine for first offense and the $10 fine for second offense, and results in an impact on those who are actively problematic. He indicated that these revisions should result in keeping on-street parking spaces open for shoppers. Further responding to Commissioner Hietala, Mr. Pope stated the current lease rate is $20 per month. With the addition of lease spaces, the Parking Commission is proposing fees that range between $20 and $30 per month, with those closer to the core bearing the higher rate. Commissioner Hietala suggested that striping on Mendenhall Street and Babcock Street seems inconsistent and suggested that a review and restriping along those streets could result in an increased number of on-street parking spaces. Assistant City Manager Ron Brey stated that e-mail and phone chains alert violators when law enforcement is approaching; thus, people can park all day in the two-hour parking spaces. Under the revisions proposed in this ordinance, a vehicle must be moved a minimum of 500 feet to remain on the same block face; and even the long blocks in the downtown area do not provide that minimum separation. As a result, a vehicle must be moved to a different block face, which could be just around the corner or across the street. After three hours, the vehicle can be moved to the original block face; but the result is to stir up the parking in the downtown and keep spaces open. He suggested that the increased number of lease spaces should help to alleviate some of the existing problems. The Assistant City Manager stated that the effective date of both of these ordinances is January 6, 2003, which is the first Monday in the new year. He noted that the new software is to be delivered on November 15, and the January effective date allows a cushion if delivery is late as well as an opportunity to identify and fix any bugs in the system. it was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No. 1579, establishing requirements for compliance with posted time limits for parking, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried bythe following Aye and No vote: those 09-23-2002 -8- voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Ordinance No. 1580 - revising Section 10.32.410 of the Bozeman Municipal Code, adjusting the fines for overtime parking Included in the Commissioners' packets was a copy of Ordinance No. 1580, as approved by the City Attorney, entitled: ORDINANCE NO. 1580 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.410 OF SAID CODE, PROVIDING FOR ADJUSTMENTS IN FINES FOR OVERTIME PARKING. Assistant City Manager Ron Brey reviewed the revisions to the ordinance, which result in eliminating the accelerated fine structure for overtime parking and implement a $15 fine. He indicated this is the only change resulting from the new ordinance. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No. 1580, providing for adjustments in fines for overtime parking, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Decision - Zone Map Amendment - establish initial zoning designation of "R-3" on 7.836 acres described as Parcel B1, COS No. 1790B - C&H Engineering for Bill Phillips and Bart Manion (parcel lyinq between South Rouse Avenue and South Church Avenue at Accola Street extended) (Z-02135) This was the time and place set for the decision on the Zone Map Amendment requested by C&H Engineering for Bill Phillips and Bart Manion under Application No. Z-02135, to establish an initial zoning designation of"R-3," Residential-Medium-density, on 7.836 acres described as Parcel B, Certificate of Survey No. 1790B. The subject property lies between South Rouse Avenue and South Church Avenue at Accola Street extended. Planning Director Andy Epple reminded the Commission that the public hearing was closed at last week's meeting. In light of questions arising about the impacts of the petition on the decision and whether a super-majority vote was required to approve certain zoning designations, the Commission tabled action on its motion to implement an "R-I" zoning designation. He indicated that the planning and legal staffs have determined the petition triggers a super-majority for approval of an "R-1 ," "R-2," "R-3-A," or "R-3" zoning designation; however, the "R-S" zoning designation could be approved by a simple majority vote. Responding to Mayor Kirchhoff, Planning Director Epple confirmed that the Commission must establish a municipal zoning designation that will become effective with the annexation of this property. The Commission took action on the following motion, which was tabled at last week's meeting: "It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Zone Map Amendment requested by C&H Engineering for Bill Phillips and Bart Manion under Application No. Z-02135, be approved by establishing an initial zoning designation of"R-1 ", Residential-Low-density, on 7.836 acres described as Parcel B, Certificate of Survey No. 1790B, subject to the following conditions: That the ordinance of the Zone Map Amendment shall not be adopted until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 09-23-2002 -9- That the applicant submit a zone amendment map, titled "Phillips/Manion Zone Map Amendment," 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 City of 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 failed by the following Aye and No vote: those voting Aye being Commissioner Cetraro and Commissioner Hietala; those voting No being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff. Commissioner Youngman stated she could support an initial "R-S" zoning designation, recognizing that after the subarea plan is completed, a different designation that allows flexibility for development consistent with the plan may be needed. Commissioner Brown indicated that he, too, could support an "R-S" zoning designation, stating he is very concerned about access. Mayor Kirchhoff stated he feels "R-S" zoning is appropriate for this "extraordinary piece of Bozeman." It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Zone Map Amendment requested by C&H Engineering for Bill Phillips and Bart Manion under Application No. Z-02135, be approved by establishing an initial zoning designation of "R-S", Residential-Suburban, on 7.836 acres described as Parcel B, Certificate of Survey No. 1790B, subject to the following conditions: That the ordinance of the Zone Map Amendment shall not be adopted until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. That the applicant submit a zone amendment map, titled "Phillips/Manion Zone Map Amendment," 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 City of 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. o 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 Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No being Commissioner Hietala. 09-23-2002 -10- Public hearing - Conditional Use Permit for Planned Unit Development - Springer Group for Dave MacDonald - allow construction of four 2-story apartment buildings with basements on 2.79 acres described as Lot 1, Block 3, corrected plat of Kagy Crossroads Subdivision, with relaxation from Section 18.50.060.D., Bozeman Municipal Code, to reduce the 50-foot watercourse setback for on-site parking by 15 feet; from Section 18.50.060.D., to allow small sports court to be built within the 50-foot watercourse setback; and from Section 18.24.030, to increase residential net density bythe allowable 30 percent - Kagy Crossroads Apartments (west of South 19th Avenue and north of Remington Way) (Z-02166) This was the time and place set for the public hearing on the Conditional Use Permit for a Planned Unit Development requested by Springer Group for Dave MacDonald under Application No. Z-02166, to allow construction of four 2-story apartment buildings with basements on 2.79 acres described as Lot 1, Block 3, corrected plat of Kagy Crossroads Subdivision, with relaxations from Section 18.50.060.D. of the Bozeman Municipal Code, to reduce the 50-foot watercourse setback for on-site parking by 15 feet; from Section 18.50.060.D., to allow a small sports court to be built within the 50-foot watercourse setback; and from Section 18.24.030, to increase the residential net density by the allowable 30 percent. The subject project is located west of South 19th Avenue, along the north side of Remington Way and is to be known as the Kagy Crossroads Apartments. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Karin Caroline. He stated the proposed apartment complex is to be constructed in the northwestern portion of Kagy Crossroads Subdivision, a mixed use subdivision consisting of community commercial and high density residential development. The proposal includes two 15-unit buildings and two 12-unit buildings, with access to be via South 22nd Avenue and Remington Way. He indicated that the applicant has requested a 30-percent density bonus, which enables him to achieve a density of 16 units per acre on the site. The Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He indicated that, as a result of those findings, staff has forwarded a recommendation for approval subject to several conditions. He forwarded a revision to Condition No. 13, to change it from an advisory statement to a requirement by eliminating the first phrase. Planning Director Epple stated there is a classified stream/ditch along the eastern edge of the property. He noted that this stream/ditch previously ran through the subject property, but was relocated in conjunction with the Kagy Crossroads Subdivision to minimize its impacts on development. He indicated that this relocation has resulted in concerns from the Evangelical Free Church, located immediately to the north, since the stream/ditch relocated close to their property line renders a portion of their property ineligible for development. He noted that staff has spoken with the Department of Fish, Wildlife and Parks about the reclassification of streams, ditches, and stream/ditches; and with that reclassification, this stream/ditch may no longer qualify as a naturally flowing stream. In light of its current designation and the zone code, a 50-foot setback from the stream/ditch is required. The Planning Director stated that the plan submitted to the Commission depicts 54 to 56 feet between the stream and the parking lot. Early in the process, there was some discussion, based on comments from the Design Review Board, about shifting the parking area 15 feet to the west, to provide more usable open space adjacent to the building. That idea has been abandoned; thus, the deviation for the parking lot is no longer needed. The proposal does include a request to allow construction of a small recreation facility, including a basketball hoop and possibly striping for hockey, in the 50-foot setback. Since this is flatwork and provides an amenity for residents in an area with limited space, the Design Review Board and staff have recommended approval of the deviation. Mr. Lowell Springer, architect representing the applicant, stated concurrence with the staff report. He noted that, under the newest zoning ordinance, this project falls within the parameters and the requested density bonus is not needed. He then indicated that the parking lot is set back the required distance from the stream/ditch, even though no water has run in it for over a year. The only deviation being requested in conjunction with this application is for the recreation facility, and the applicant would accept the Commission not approving that if they determine it is not appropriate. 09-23-2002 -11 - Mr. Dave MacDonald, applicant, noted that one of the things he looks at in terms of density and affordable housing is the need for more diversified housing. He stated that zoning has pushed a lot of development into three-bedroom units; and he is looking at one and two-bedroom units in this development. He indicated that, with current land prices, it is important to develop a higher-density complex and provide more housing mix. He indicated that this development will make it possible for a young couple earning minimum wage to afford a one-bedroom unit and allow people to live alone if they choose. He also noted that, even though this project is located close to the University, it will promote a diversified community, which is healthy. Mr. MacDonald turned his attention to the appearance of the project, noting that the buildings will have a substantial amount of brick. Also, landscaping will be used to dress up the appearance of the overall project. He concluded by stating he is sensitive to affordable housing issues, particularly since those who rent generally require that type of housing. Mr. Jim Loessberg, Council Chair of the Evangelical Free Church, stated they have no dispute with the proposed development; in fact, he likes the idea of a family unit being located on the site. He noted that after the Church purchased its five acres from Mr. Aaker, they chose not to purchase additional property because it was located in the streambank setback. Since then, however, the developer of the subdivision relocated the stream/ditch to the border of the property, triggering setback requirements on the church property. He voiced concern that the result is a loss of usable property for the church with no opportunity for response to the relocation. He concluded by voicing his support for the proposed project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Mayor Kirchhoff stated he is pleased to see more detail in the buildings and the interior courtyard. He voiced his concern about pushing the parking to the edge of the property since that could potentially impact adjacent development, suggesting that may be a topic for future discussion with staff. Itwas moved by Commissioner Hietala, seconded by Commissioner Brown, that the Conditional Use Permit for a Planned Unit Development requeSted by Springer Group for Dave MacDonald under Application No. Z-02166, to allow construction of four 2-story apartment buildings with basements on 2.79 acres described as Lot 1, Block 3, corrected plat of Kagy Crossroads Subdivision, with relaxations from Section 18.50.060.D. of the Bozeman Municipal Code, to reduce the 50-foot watercourse setback for on-site parking by 15 feet; from Section 18.50.060.D., to allow a small sports court to be built within the 50-foot watercourse setback; and from Section 18.24.030, to increase the residential net density bythe allowable 30 percent, be approved subject to the following conditions: Proposed snow storage areas shall not interfere with pedestrian circulation or the small sports court. Applicant shall install additional landscaping near the northeast corner of the subject property to offer additional screening and more aesthetics to the proposed detention pond. Applicant shall verify with the Fire Department that there are adequate turning radii within the parking lot for emergency vehicles. The final site plan shall show the location of proposed bike racks. There shall be at least one bike rack per proposed building. 5. Final site plan shall show detail for proposed pole light near the sports court. Applicant shall construct the proposed trash enclosure to better match the architectural character and materials of the proposed two buildings. Chain link with plastic slats is not architecturally consistent. Applicant shall relocate one disabled parking space near proposed building A in the northwest corner of the subject property, ensuring all units have an accessible disabled space. 09-23-2002 -12- 10. 11. 12. 13. 14. 15. 16. 17. 18. Details of the sports court, including any benches, shall be shown on the final site plan. Any roof-top and/or ground-mounted mechanical and utility equipment, including ground-mounted mechanical power and telephone boxes, shall be noted and shown accordingly on the final site plan, landscape plan, and exterior elevations. Typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets shall be provided and noted accordingly on the final site plan, for review and approval prior to final site plan approval. All plans (site, landscaping and paving/drainage) shall show proposed and existing water and sewer lines, including services to the buildings, utility lines, etc. Applicant shall provide additional landscaping along the eastern boundarywithin the 50-foot stream setback according to Section 18.50.060.D.2.g (Watercourse Setbacks) and shall be shown on the final site plan. Color and material palette, including brick type, cultured stone, DryVit or synthetic stucco, roofing material, etc., shall be submitted to the Planning Department for review and approval prior to any approval of final site plan or issuance of building permits. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of an S.I.D. for a crossing facility (underpass or other appurtenance as required) across South 19th Avenue in the vicinity of Lincoln Road. The document filed shall specify that in the event an S.I.D. 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. Remington Way, including pavement, curb, gutter, and sidewalk, shall be extended all the way to the west property line of the proposed development. Landscape plans shall be prepared and certified by a registered Montana landscape architect; an individual with a degree in landscape design and two years of professional design experience; oran individual with a degree in a related field and at least five years of professional design experience. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. All landscape plans shall meet the requirements of the Landscape Performance Standards. Twenty-three landscaping points are required for this project and need to be shown on the final landscaping plans. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude belowthe edge of the light fixture. Final site plan shall show the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. 09-23-2002 -13- 19. 20. 21. 22. 23. 24. 25. 26. 27. Any proposed or existing wall-mounted lights, including those used for security, must be shown in detail on the final site plan. Applicant shall submit manufacturer's cutsheets for proposed lights to ensure that they complywith the Bozeman zone code. A 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 must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Director. 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. 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 have been satisfied or met. Plans and specifications for the water main, sewer main, and street extensions, prepared by a Professional Engineer (PE)licensed in the State of Montana, shall be provided to and approved by the City Engineer. Water and sewer main extension plans and specifications shall also be provided to and approved by the Montana Department of Environmental Quality (DEQ). The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans, specifications and shop drawings have been approved bythe City and a pre-construction conference has been conducted. Plans and specifications for any fire service line shall be prepared in accordance with the City's Fire Service Line Policy by a professional engineer, licensed in the State of Montana, 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. City of Bozeman applications for sewer and water service shall be completed by the applicant. A Stormwater Drainage and Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants from the stormwater runoff for the site must be provided to and approved by the City Engineer. The plan must demonstrate that adequate site drainage will be provided by means of including sufficient spot elevations and flow arrows, existing and proposed contour lines, stormwater detention/retention basin details including basin sizing and discharge calculations, discharge structure details, pond typical section and stormwater discharge destination. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. A stormwater maintenance plan must also be provided for review and approval. The Maintenance Plan shall include the following: description of maintenance operations, 09-23-2002 14- frequency of inspections and maintenance, responsible parties and record keeping methodology. 28. All drive approaches shall be constructed in accordance with the City's standard commercial approach, i.e. concrete apron, sidewalk section, and drop-curb, and shown as such on the preliminary plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to preliminary plan approval. 29. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 30. The Montana Department of 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 shall be obtained prior to final plan approval. 31. 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearing - Variance from Section 18.50.060.A.2., Bozeman Municipal Code- to allow new carport installation in University Subdivision No. 2 to exceed maximum allowed adjusted side yard encroachment by an additional 30 inches - Impact Drafting and Design, Inc., for GreenTree Condo Association (1104 South Montana Avenue) (C-02005) This was the time and place set for the public hearing on the variance from Section 18.50.060 of the Bozeman Municipal Code, requested by Impact Drafting and Design, Inc., for GreenTree Condo Association under Application No. C-02005, to allow a new carport installation in University Subdivision No. 2 to exceed the maximum allowed adjusted side yard encroachment by 30 inches. The subject property is located at 1104 South Montana Avenue. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Karin Caroline. He indicated that under this application, the owner proposes to install monopole carport covers. He indicated that the carport covers are to be one-wing type roof structures with only one angle and no ridgeline. The proposed canopy will encroach into the side yard setback 30 inches beyond what is allowed under the zone code. The Planning Director stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings, noting that paving extends to the property line and that having the ability to provide covered stalls will be beneficial to residents in the winter. He concluded by forwarding staff's recommendation for approval of the requested variance. Mr. Dave Johnston, Impact Drafting and Design, voiced his concurrence with the staff report and recommendation. He indicated that this should result in an enhancement of the existing site. Mr. Leroy Casagranda, 219 Circle Drive, stated his four-plex abuts the subject property; and he is concerned about drainage onto his property, in light of the slope to the property line. He noted that he has several trees in their third year of growth, and that excess moisture could create difficulty for those trees. Planning Director Epple stated that Condition No. 2 requires the installation of a gutter system that takes the run-offto landscaped areas on the subject property. With that condition, he feels Mr. Casagranda's concerns are adequately addressed. 09-23-2002 -15- Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Mayor Kirchhoff voiced his concurrence with the staff report. He noted that the reasons cited for approval of the variance are appropriate and adequate. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the variance from Section 18.50.060 of the Bozeman Municipal Code, requested by Impact Drafting and Design, Inc., for GreenTree Condo Association under Application No. C-02005, to allow a new carport installation in University Subdivision No. 2 to exceed the maximum allowed adjusted side yard encroachment by 30 inches be approved subject to the following conditions: There shall be a minimum 26-foot drive aisle between carports to allow two-way traffic. The carports shall not extend into any part of the 26-foot drive aisle, including the vertical space above to insure that emergency vehicles (i.e. ladder trucks, etc.) have adequate room. Applicant shall install a built-in gutter system to capture any water and to direct it toward the west and east sides of the carport area into the landscaped area. 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. Public hearing - Certificate of Appropriateness to allow construction of a new second dwelling unit and relocation of a garage, with deviations from Section 18.18.050, Bozeman Municipal Code, to allow proposed dwelling unit to encroach 15 feet into required 20-foot front yard setback and 3% feet into required 5-foot side yard setback, and from Section 18.50.050.F., to allow proposed garage to encroach 81/2 feet into required 10-foot rear yard setback on Lots 1-6, Block 16, Park Addition - Melissa and Dennis Steinhauer, 404 West Curtiss Street (Z-02182) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Melissa and Dennis Steinhauer under Application No. Z-02182, to allow construction of a new second dwelling unit and relocation of a garage on Lots 1-6, Block 16, Park Addition, with deviations from Section 18.18.050, Bozeman Municipal Code, to allow the proposed dwelling unit to encroach 15 feet into the required 20-foot front yard setback and 3½ feet into the required 5-foot side yard setback, and from Section 18.50.050. F., to allow the proposed garage to encroach 8½ feet into the required 10-foot rear yard setback. The subject property is located at 404 West Curtiss Street. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Susan Kozub. He indicated that the subject property is located at the southwest corner of the intersection of South 4th Avenue and West Curtiss Street, with an alley along its southern boundary. He characterized this as an eclectic part of the community, and the subject lot is an oversized lot with one house on it at the present time. The applicant is proposing to construct a new house on the rear of the lot and to relocate the garage from next door to the rear of this property. Three deviations are being sought in conjunction with this application, to allow the new dwelling unit to encroach 15 feet into the required 20-foot front yard setback along South 4th Avenue and 3½ feet into the required 5-foot side yard setback along the alley and to allow the garage to encroach 8½ feet into the required 10-foot rear yard setback. He indicated that these deviations are predicated on the assumption that the South 4th Avenue frontage is the front yard of the new residence. The Planning Director indicated that there are no definitive plans at the present time to split the property; however, staff is concerned that at some time in the future, it could be split and sold as two separate parcels. There is adequate property to allow for the split and still meet minimum lot sizes, and staff has recommended a condition that will ensure any future split does not result in additional zoning nonconformities. Planning Director Epple stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He then forwarded staff's 09-23-2002 -16- recommendation for approval of the requested deviations, since the result will be consistency with the character of the neighborhood. Mr. Dennis Steinhauer, applicant, stated that he approached former Historic Preservation Planner Jim Jenks when he was researching the 26-foot by 50-foot barn that existed where the proposed new house is to be constructed on a 22-foot by 26-foot footprint. He noted that the barn was removed because it had become "totally dependent on a power pole," and he spent two weeks this summer pulling the nails out of the lumber from that barn to salvage it. Also, he stated the "new" garage is simply a relocation of the garage adjacent to the old store next door, since that property owner intended to remove it. He indicated that the deviations are being requested not only to maintain consistency in the neighborhood, but to save the mature landscaping on the lot. He then confirmed that, at some time in the future, he intends to subdivide the property, but that will not occur for an extended period of time. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Itwas moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Certificate of Appropriateness requested by Melissa and Dennis Steinhauer under Application No. Z-02182, to allow construction of a new second dwelling unit and relocation of a garage on Lots 1-6, Block 16, Park Addition, with deviations from Section 18.18.050, Bozeman Municipal Code, to allow the proposed dwelling unit to encroach 15 feet into the required 20-foot front yard setback and 3¼ feet into the required 5-foot side yard setback, and from Section 18.50.050.F., to allow the proposed garage to encroach 8½ feet into the required 10-foot rear yard setback, be approved subject to the following conditions: The property owners must record a deed restriction (of which the City of Bozeman must be a party) that precludes the owners from selling a portion of the six-lot property without proper zoning approval. ,, Due to workload conditions the Water/Sewer Department will allow the contractor to dig to the water and sewer mains, provide trench protection and the department will tap the water main and tap and place a saddle on the sewer main. The contractor will then run the service lines to the building. No splices will be allowed from the water main to the curb box. The water department will inspect the entire water service line and the building department will inspect the sewer line. Application for both services will be made at the Building Department. Per Building Code specifications, the construction of eaves along the western elevation of said new garage shall not be over half the distance to the property line, a distance of nine (9) inches. Per Building Code specifications, the construction of eaves along the southern elevation of said new dwelling shall not be over half the distance to the property line, a distance of 14.5 inches. o Said garage shall be constructed with one-hour walls to offset potential fire danger to the adjacent property. ° As with construction of all new single family residences in the City of Bozeman, the applicant shall install boulevard trees along South Fourth Avenue at one tree per fifty (50) linear feet of street frontage. The trees shall be installed within the property line. Applicant shall contact the Building Division to obtain the necessary boulevard tree permits. Applicant shall make sure all locations for boulevard trees are located a minimum of 10 feet from any service line (i.e., water, sewer, utility line). The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 09-23-2002 17- This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zone code. 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. Public hearing - Conditional Use Permit - allow conversion of 982 square feet in existing residence on Lots 22, 23 and 24, Block 22, Northern Pacific Addition, into an accessory dwelling unit - Christopher Kaufmann, 20 South Cypress Avenue (7-02193) This was the time and place set for the public hearing on the Conditional Use Permit requested by Christopher Kaufmann under Application No. Z-02193, to allow conversion of 982 square feet in the existing residence located on Lots 22, 23 and 24, Block 22, Northern PacificAddition, into an accessory dwelling unit. The subject property is located at 20 South Cypress Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Lanette Windemaker presented the staff report. She noted that the subject property is located in the neighborhood immediately east of Lindley Park, and is adjacent to the Blue Sky Motel. She indicated that under this application, 982 square feet in the existing residence will be converted into an accessory dwelling unit. Staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings and the recommended conditions of approval, noting that Condition No. 1 is the same condition that was applied to the accessory dwelling located in the southeast corner of the neighborhood. Mr. Chris Kaufmann, applicant, stated that the existing house was remodeled to convert the former garage into part of the house and a new garage was added. He indicated that the previous remodel resulted in a double hallway, and converting that area into an accessory dwelling unit will allow for creating a normal setup in the downstairs portion of the home. Mrs. Susan Swimley, 207 McAdow Avenue, stated her home is located southeast of the subject property. She thanked Mr. Kaufmann for the extensive work he has done to clean up the outside of the house and the property, noting the previous owners let it fall into a sad state of disrepair. She also voiced her appreciation for the recommended Condition No. 1, stating she feels a continual review of accessory dwelling units is needed, particularly in a single-family neighborhood, to ensure that they do not negatively impact the character of the area. She then indicated that this property is not located in the same subdivision as most of the homes in this area, which is bounded by Lindley Park, the cemetery, the Old Elk's Country Club and Highland Boulevard. She concluded by encouraging approval of this application. No one spoke in opposition to the proposed accessory dwelling unit. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Commissioner Brown, Planning Director Epple stated that staff will put a tickler in the system and contact the applicant when the three-year review is required. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Conditional Use Permit requested by Christopher Kaufmann under Application No. Z-02193, to allow conversion of 982 square feet in the existing residence located on Lots 22, 23 and 24, Block 22, Northern Pacific Addition, into an accessory dwelling unit, be approved subject to the following conditions: This application for a Conditional Use Permit will be valid for a three-year period, at which time, the CUP application will be reviewed one time for continued compliance. 09-23-2002 -18- The review will require a posting of the site and formal public hearing before the City Commission for continued approval of the CUP. The principal structure must be actually and physically occupied by at least one owner of record who possesses at least an estate for life or a fifty percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. As a condition, the applicant must furnish the Planning Office with a copy of a binding deed restriction or covenant enforcing the single rental restriction. In addition to the parking required for the principal residence, one paved off-street parking space must be provided for the exclusive use of the accessory dwelling unit. The drive access opening shall not exceed twenty-four feet in width measured at the right-of-way line and thirty feet in width measured at the curb line. Noted on the final site plan and included within the lease agreement for the accessory dwelling unit, there shall be a clause limiting the occupancy of the accessory dwelling unit to not exceed two persons. 6. The applicant shall comply with City of Bozeman Building Department standards. 7. The appropriate permits shall be applied and paid for with the Building Department. No modification in the domestic water supply (to the meter) shall be allowed without consent of the water superintendent. 9. Backflow protection must be in compliance with current code requirements. 10. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 11. All of the special conditions shall constitute restrictions running with the land use; shall apply and be adhered to by the owner of the land, successors or assigns; shall be binding upon the owner of the land, his successors or assigns; shall be consented to in writing; and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. 12. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. 13. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the 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, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 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. 09-23-2002 19- Break - 8:15 to 8:20 p.m. Mayor Kirchhoff declared break from 8:15 p.m. to 8:20 p.m., in accordance with Commission policy. Continued public hearing - proposed Ordinance No. - extending urgency interim zoning ordinance to temporarily prohibit construction of wholesale or retail structures that are equal to or greater than 50,000 gross square feet This was the time and place set for the continued public hearing on the proposed ordinance extending the urgency interim zoning ordinance to temporarily prohibit construction of wholesale or retail structures that are equal to or greater than 50,000 gross square feet, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE URGENCY INTERIM ZONING ORDINANCE, AS ORIGINALLY ADOPTED BY ORDINANCE NO. 1561, TO PROHIBIT USES OF WHOLESALE OR RETAIL STRUCTURES THAT ARE EQUAL TO OR GREATER THAN 50,000 GROSS SQUARE FEET, FOR A PERIOD OF ONE (1) YEAR FROM THE EFFECTIVE DATE OF THIS ORDINANCE OR UNTIL AN ORDINANCE SUPPLANTING THIS ORDINANCE BECOMES EFFECTIVE, WHICHEVER OCCURS FIRST. Mayor Kirchhoff reopened the continued public hearing. City Attorney Luwe stated that an extension of the urgency interim zoning ordinance is needed to give sufficient time to process the zone code amendment necessary to implement new p. rovisions as a result of the recommendations from the big box task force. He then reminded the Commission that four affirmative votes are required to approve the extension. Ms. Ashley Brandt, 526 West Cameron Bridge Road, noted she was a member of the big box task force. She asked the Commissioners to respect the process they went through and the resulting unanimous recommendation by maintaining the moratorium until an ordinance can be enacted. Mr. Philip Saccoccia, 8991 Springhill School Road, stated that on March 25, the Commission stalled his development project and formed a task force that has recommended severe restrictions. He noted that when the moratorium was adopted, the indication was that the process of adopting new regulations would not take the full six months but could be accomplished in three to four months. He voiced concern that with the one-year extension under this ordinance, there is no guarantee that a permanent ordinance might be in place in the next six months. He suggested that this ordinance should not be extended until the issue with his property has been settled, and stated that his property should be exempted from inclusion if it is adopted. He noted that when the moratorium was initially enacted, there were two applications in process; the Home Depot application was approved and is proceeding even though it violated the Bozeman 2020 Community Plan, and his was blocked by this moratorium. He concluded by asking the Commission to not adopt this ordinance. Mr. Jim Lahey, 2708 Daisy Drive, indicated that for a consumer and resident, it is frustrating to see another extension. He noted the result is that residents continue to drive to other communities to do their shopping and businesses continue to wait with their plans for development. Mr. Carl Esbjornson, 236 Marilyn Court, stated he feels the extension is needed so the ordinance can be written. He noted that he believes in free enterprise, but he also believes in democracy and the ability to determine one's own economic destiny as well as the right to defend and improve the community. He then read excerpts from an article from an Arizona newspaper in the mid-1980s, when Tucson was encountering a similar issue, and concluded by cautioning that big box stores can potentially have huge negative impacts on the area. Mr. Hans Figi, 812 South 3rd Avenue, voiced wholehearted agreement with extending the moratorium. He noted that Bozeman is in a favorable and enviable position, with the opportunity to take up to a year to develop regulations that will guide growth for the future; and when one considers the history of a community, 09-23-2002 - 20 - that is a short time. He then indicated he is opposed to big box stores, particularly after seeing his hometown taken over by them and the downtown area decimated. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Mayor Kirchhoff, Commissioner Hietala indicated he had requested that action on this ordinance be postponed to this meeting to give him an opportunity to think about the one-year extension. He voiced a willingness to extend the moratorium for three months to give staff time to prepare a defensible ordinance. He proposed that, in the meantime, the City negotiate with Dr. Saccoccia on his issues. In response to Mayor Kirchhoff, City Attorney Luwe confirmed that state statute provides for a one year extension of an urgency interim zoning ordinance; it does not provide for "up to one year." In light of the wording of the statute and the lack of a Supreme Court determination on whether a shorter period can be invoked, he confirmed Staff Attorney Cooper's position that the safest approach is to extend the interim ordinance for one year, recognizing that it will hopefully be replaced by a permanent ordinance in a much more expedient manner. He identified the risk of enacting a shorter extension as being contrary to statute, and he is uncertain of the potential impacts. Commissioner Youngman noted that the language in the ordinance allows for supplanting upon adoption of the final ordinance and questioned the concerns. She suggested that, in a separate motion, the Commission could formally request that the ordinance be completed within a certain timeframe. City Attorney Luwe responded that such a motion would simply reflect a Commission desire. Commissioner Cetraro stated the information he has been provided reflects inefficiencies. He noted that the task force recommendations, which were forwarded with a letter dated July 25, have not been implemented; and he is concerned that a letter received by staff last Monday was just forwarded to the Commission today. He then asked for a work session on the draft ordinance and asked the Clerk of the Commission to provide a timeline for adoption of the ordinance to see if it can be done in 90 days. Clerk of the Commission Sullivan indicated that a work session can be scheduled for October 7, and that requires no public notification. She stated that staff must be given time to prepare the staff report on this zone code amendment. Also, a 15-day notice is required prior to the public hearing before the Zoning Commission. Since the Zoning Commission regularly meets on the first and third Tuesdays of the month, the first potential meeting would be November 6. The City Commission could then conduct its public hearing on November 12. If there are not extensive revisions to the ordinance, staff could bring back the ordinance for provisional adoption on November 18 and final adoption on December 2, which means the ordinance would be effective on January 2, 2003. If the Zoning Commission were to hold a special meeting on October 29, the process could be speeded up by one week; however, the ordinance would not be effective until December 25, which is 92 days from today. Mayor Kirchhoff acknowledged the Commissioners' desires to get this task completed as quickly as possible and to hold staff accountable; however, he suggested that everyone be given ample time to "do things right and not fast." Commissioner Cetraro indicated he had requested the overview of the process to identify a timeline that everyone can adhere to. He expressed concern that if the ordinance is simply extended for a year, it will be a year before the new ordinance is enacted. Commissioner Youngman voiced her willingness to support a schedule but cautioned that everyone must be willing to adjust that schedule based on new information or problems encountered. She stated that, had this been done before, everyone would have recognized that it was overly ambitious to expect the process to be completed in six months. In response to Commissioner Hietala, CityAttorney Luwe stated that, under state law, a 15-day notice is required; the Commission must have a recommendation from the Zoning Commission prior to conducting its public hearing; and there is a 12-day period between the two adoptions of the ordinance. 09-23-2002 21 - Commissioner Brown indicated he has a personal commitment to seeing the process move as quickly as possible; however, he does not feel the Commission should saddle itself with an unrealistic timeline. Mayor Kirchhoffsuggested that the Commission should keep in closer contact with staffto ensure this ordinance is enacted and effective on the heels of the holiday season. City Manager Johnson stated he feels it is appropriate for the Commission to draw a line in the sand, noting that staff will manage the risk within those parameters. Commissioner Cetraro stated that it appears 90 days is too aggressive and suggested that the Commission consider a 180-day extension. It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that Ordinance No. 1576, as amended to extend for a period of 90 days, the urgency interim zoning ordinance to temporarily prohibit construction of wholesale or retail structures that are equal to or greater than 50,000 gross square feet, be adopted. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the main motion be amended to extend the urgency interim zoning ordinance for a period of 180 days, and that staff be directed to complete the process within the 92-day timeline identified by the Clerk. The amendment carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala. The main motion, adopting Ordinance No. 1576 as amended, carried bythe following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala. Continued public hearing - comprehensive revisions to the Subdivision Regulations to bring them into compliance with statutory revisions and the Bozeman 2020 Community Plan (P-02024) This was the time and place set for the continued public hearing on comprehensive revisions to the Subdivision Regulations, under Application No. P-02024, to bring them into compliance with statutory provisions and the Bozeman 2020 Community Plan. Mayor Kirchhoff reopened the continued public hearing. Distributed just prior to the meeting was a letter from the Recreation and Parks Advisory Board, dated September 20, forwarding their comments regarding the proposed revisions, particularly as they pertain to parkland dedications and maintenance. Planning Director Andy Epple presented the staff report on behalf of Associate Planner Jody Sanford. He noted the primary reason for continuing this public hearing from last week was to give the Recreation and Parks Advisory Board an opportunity to provide their comments, and that was done via an e-mail dated September 20. He stated that the Board feels the parkland should be dedicated to the City and that both the parkland and the trails should be maintained by City crews to avoid potential complications. He then indicated that their memo references several issues and sections that are not proposed for change at this time, with manyof those sections simply reflecting statutory language or requirements. He concluded by noting that, to comply with State law, it is important that the ordinance enacting the revisions be placed on the October 7 agenda for provisional adoption and on the October 21 agenda for final adoption. Mr. Philip Saccoccia, 8991 Springhill School Road, asked if his letter expressing concerns regarding the proposed centers for commercial developments had been received; Planning Director Epple confirmed that it had and that staff has taken those issues into consideration. Mr. Gary Vodenhal, Gallatin Valley Land Trust, stated he feels it is important to provide some flexibility in the location of a neighborhood center. He noted, however, that the land dedicated for the center should not count toward the parkland dedication, particularly since those center uses may be significantly different from the uses of traditional parklands and open spaces. He then advocated that all trail corridors be dedicated to 09-23-2002 22 - the City as parklands and that they be maintained by the City. He noted that working with volunteers to maintain the trails can often be difficult at best. He suggested that if it is possible for City crews to maintain the trails under the current system, a park maintenance district be created. He concluded by supporting the Recreation and Parks Advisory Board recommendation that recreational pathways be 25 feet wide, noting that the narrower trails are not good for the trail users and can cause conflicts with adjacent property owners. Ms. Karin Jennings, 1075 Boylan Road, voiced her support for Mr. Vodenhal's comments. She stated the trail system in Bozeman is recognized nationally as a benefit to the community, noting it would be good to fund that system in some manner. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. At Mayor Kirchhoff's request, Planning Director Epple addressed some of the outstanding questions and issues. He noted that commercial subdivisions do not require dedicated centers. He stated that the Recreation and Parks Advisory Board echoed the concerns voiced by Mr. Vodenhal and Ms. Jennings regarding centers applying toward parkland dedications and suggested that it should be applied toward the dedication requirement only if the center functions like a park. He indicated that staff can revise the language in the ordinance to reflect that change prior to adoption if the Commission so desires. He then stated the shift in responsibility for maintenance of parks and trails is in direct response to the Parks Department's constant message that it cannot take on the responsibility for any more areas; and that issue can also be modified at Commission direction. Mayor Kirchhoff stated that, given public testimony regarding lighting standards, he feels that issue also needs to be addressed. Commissioner Brown voiced his agreement, noting that Mr. Close has indicated new industry standards are to be developed over the next few months in response to what has been perceived as overlighting. Planning Director Epple stated that, if directed to do so, staff will look at modifications to ensure that areas are not overlighted. He then noted that the Police Department has applauded staff's efforts to retain the lighting standard, acknowledging that lighting is viewed by many as a safety issue. CommissionerYoungman raised the issue of ridgelines, suggesting that section should be revised to take into consideration both the horizontal and vertical dimensions. She noted that a sliding scale that takes into account both dimensions would ensure better protection of the ridgelines. Commissioner Brown voiced his concerns about the cash-in-lieu of parkland provision, characterizing it as very weak since the payment is based on undeveloped value. Planning Director Epple indicated this provision was added to encourage development of parks to a certain level. He then cautioned that State law allows for cash-in-lieu, and the City cannot preclude that option. Responding to Commissioner Youngman, Planning Director Epple assured her that Planning staffwill work with the Recreation and Parks Advisory Board and the Gallatin Valley Land Trust to address their concerns about parkland dedications and maintenance as well as trail maintenance. Mayor Kirchhoff asked that the Commission provide direction on certain issues. Regarding trails, a majority of the Commissioners indicated that trails are to be dedicated to the City; but private maintenance is acceptable, at least until a parks maintenance district is implemented. Regarding lighting, the Commissioners agreed the standard needs to be less intense than what has been proposed. Planning Director Epple noted that one of the concepts in the plan is that certain trails in certain corridors are part of the transportation system; and staff has proposed that where the trails are part of a bonafide network system, they should not count toward parkland dedication. Commissioner Youngman suggested that the wording needs to be clarified regarding centers for regional commercial areas, and the concerns voiced by the Recreation and Parks Advisory Board about centers counting toward parkland dedications needs to be addressed. 09-23-2002 23 - Responding to questions from Commissioner Youngman, the Planning Director forwarded staff's proposal that the language regarding centers be revised to reference non-residential development. Responding to Commissioner Hietala, Planning Director Epple stated the concept of off-site parkland dedication is identified in the Bozeman 2020 Community Plan. He noted that there are some situations where it could be more desirable to have land added to a community park in an area rather than a series of small unusable tracts. He stressed that such off-site dedications would require Commission approval. Planning Director Epple announced that staffwill bring back an ordinance enacting the revisions to the subdivision regulations, amended as a result of this public hearing and Commission direction, for Commission consideration in two weeks. Staff update re transfer station siting process - Karen Finke, Project Engineer Included in the Commissioners' packets was a memo from Project Engineer Karen Finke, dated September 18, 2002, forwarding an update on the transfer station siting process. Project Engineer Finke briefly reviewed her memo. She noted that when the Love Lane site became available, staff asked the task force to meet for the sixth time. After reviewing the site, the task force members scored it, and it ranked third of the seven sites scored. She reminded the Commission that several sites have been eliminated for various reasons, noting that the four remaining are the East Griffin site, which scored 778; the Love Lane site, which scored 759; the Story Mill Road landfill site, which scored 610; and the Ogle site, which ranked 526. The Project Engineer stated that the task force forwarded a recommendation that the City wait until January 2003 before proceeding with the transfer station process to allow the Gallatin County Solid Waste Management District advisory committee to discuss the formation of a district. She noted that a transfer station will most likely be needed even if a district is formed; and the requested delay in this process could significantly delay construction of the transfer station, from the Fall of 2003 to the Spring of 2004. She noted that information received today suggests the existing landfill has an estimated life to November 2003, with potential to slightly extend that date. She indicated that the next steps in the process include the economic feasibility studies and the DEQ permitting process. Also, she suggested that the neighborhood meetings be scheduled for October 1, 2 and 3, and encouraged all Commissioners to attend those meetings if possible. Commissioner Brown suggested that the Ogle site be eliminated, noting that three viable sites would remain. Ms. Hallie Rugheimer, 1400 Story Mill Road, stated that having the neighborhood meetings for each site is very important. She asked that all of the Commissioners attend if possible, and noted that having those meetings be interactive would be beneficial. Mr. Dan Guggenheim, 418 North Wallace Avenue, spoke in support of eliminating the Ogle site from consideration, reducing to three the number of sites subject to neighborhood meetings. Responding to Mayor Kirchhoff, at least a majority of the Commissioners indicated that the Love Lane site should be added to the list of sites being considered and that the Ogle site should be eliminated from the list of sites being considered. Project Engineer Karen Finke reviewed the dates and locations for the three neighborhood meetings, and the Commissioners indicated whether they would be attending. Those meetings are as follows: Love Lane site. Tuesday, October 1,7:00 p.m., King Tool. Commissioners attending include Commissioners Youngman, Hietala and Brown and Mayor Kirchhoff. Commissioner Youngman is to take the minutes. O9-23-2OO2 - 24 - East Griffin Road site. Wednesday, October 2, 7:00 p.m., Microtel Inn and Suites. Commissioners attending include Mayor Kirchhoff and Commissioners Youngman and Brown for portions of the meeting. Mayor Kirchhoff is to do the minutes. Story Mill Road landfill site. Thursday, October 3, 7:00 p.m., Holiday Inn. Commissioners attending include Commissioners Youngman and Hietala and Mayor Kirchhoff. Commissioner Hietala is to prepare the minutes. The Commission thanked the Project Engineer for the update. Adjournment- 10:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. s'r.E~ENIR. KIRC_.~HOF-F, Mayor ATTEST: R'O'BIN L. SULLIVAN Clerk of the Commission 09-23-2002