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HomeMy WebLinkAbout2002-07-08 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 8, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 8, 2002, at 3:00 p.m. Present were Mayor Pro Tempore Andrew Cetraro, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Patdcia Day-Moore and Clerk of the Commission Robin Sullivan. Mayor Steve Kirchhoff was absent. 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, May 20, June t 7, June 24 and July 1, 2002 It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the minutes of the meetings of June 17, June 24 and July 1, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. Commissioner Youngman abstained. Mayor Pro Tempore Cetraro deferred action on the minutes of the meetings of January 18, 2000, and May 13 and May 20, 2002, to a later date. Authorize absence of Mayor Kirchhoff from this meeting It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Mayor Kirchhoffs absence from this meeting be approved. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Brown, CommissionerYoungman, Commissioner Hietala and Mayor Pro Tempore Cetraro; those voting No, none. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manaqer to si.qn - Acceptance of Public Street Easement - TCI Cablevision of Montana, Inc. - 20-foot-wide easement across Lot 1, Minor Subdivision No. 145 (for Davis Lane) Authorize City Manager to siqn - Acceptance of Public Street Easement - George E. Westlake and Kay Westlake Martinen 4S-foot-wide easement across unplatted property extending west from Davis Lane (for the northern portion of Deadman's Gulch) Authorize City Manager to sign - Agreement with Dick Walter Motors - for use of 2002 Ford pickup by the Fire Department Authorize City Manager to sign - Acceptance of Trail Corridor Easement - Laurence Vosti, President of Tablerock Ventures, Inc., and Fund of Funds -30-foot-wide easements generally extendinq west from Manley Road to Cherry River Fishing Access 07-08-2002 -2- Authorize Mayor Pro Tempore to si.qn - Findings of Fact and Order - preliminary plat for O'Dell's Minor Subdivision (subdivide 1.2S-acre tract known as Tract 29, Northeast Annexation, into three lots) (P-0045) Authorize Mayor Pro Tempore to siqn - Findings of Fact and Order - Walker Minor Subdivision variances - to eliminate requirement to install 100 lineal feet of curb, _~utter and sidewalk alonq North Rouse Avenue side of Tract 29, Northeast Annexation (2104 North Rouse Avenue) (P-0045A) Approval of final plat for O'Dell's Minor Subdivision (subdivide 1.25-acre tract known as Tract 29, Northeast Annexation, into three lots) (P-02026) Authorize Mayor Pro Tempore to si.qn - Findings of Fact and Order - preliminary plat for StoneRidqe PUD Major Subdivision, Phase 2B - subdivide 15.20 acres described as the remaininq tract created by Minor Subdivision, Phase I of the StoneRidcle Subdivision Planned Unit Development into 16 lots (along west side of North 19th Avenue, north of North 22nd Avenue) (P-02017) Approval of final plat for Harvest Creek Subdivision, Phase V - subdivide 13.3001 acres into 46 residential lots (north side of Durston Road, at Michael Grove Avenue extended) (P-02018) Exemption from subdivision review - Firstco, L.L.C. - subdivide Lot 6, LeClair Subdivision into Lots M1 and M2 for mortea~e purposes only (227 South 18th Avenue) (E-02008) Acknowledqe receipt of request for annexation - Norman Benjamin - 1.75 acres described as Tracts tA and 2A, Longacres Subdivision (southeast corner of Ka~v Boulevard and Sourdough Road); refer to staff 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 and Mayor Pro Tempore Cetraro; those voting No, none. Pre-application for Broadwater Court Major Subdivision - subdivide 3.20 acres into 45 townhouse lots (northeast corner of Ferquson Avenue and West Babcock Street) (P-02022) Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated July 2, forwarding the pre-application for the Broadwater Court major subdivision. Assistant Planner Karin Caroline briefly reviewed the proposal, which is to subdivide Block J of the Ferguson Meadows Subdivision into 45 townhouse lots. She stated that this block was originally created for a condominium development; and the proposed change is in response to financing issues. She noted that the initial proposal for condominium development included eight or nine fewer units than proposed in the townhouse development. The Assistant Planner stated that the Development Review Committee reviewed this pre-application, and their comments were included in the information submitted in the packet. She indicated that no traffic update is needed in conjunction with the proposed increase in the number of units. Access to the development is to be from West Babcock Street and Broadwater Avenue, with no access from Ferguson Avenue or Sanders Street. She noted that staff has suggested the proposed disabled parking spaces be replaced with a hammerhead or other emergency turn-around area. She concluded by noting that there is no parkland or open space requirement for development of this block, since those requirements were met with the original subdivision. 07-08-2002 -3- Responding to concerns voiced by Commissioner Youngman, the Assistant Planner indicated that staff will review the conditions for the Ferguson Meadows Subdivision to ensure that the standard requirements for participating in improvements on West Babcock Street are included. Mr. Lowell Springer, architect representing the applicant, stated that banks have started to look at fee simple ownership as the preferred alternative for financing, which means a person owns both the building and the lot under it. For a condominium project, the national trend has been to require that at least 60 percent of the units are owner-occupied to obtain a good interest rate; and that is a difficult requirement to meet. Mr. Spdnger stated the layout for the proposed townhouse project is to be essentially the same as what was originally proposed for the condominium project; the major difference will be in how water and sewer services are provided to the units. He proposed that, if the Commission wishes, it could impose a requirement for a temporary right out only access onto West Babcock Street to ensure that traffic uses Ferguson Avenue at least until West Babcock Street is improved. He suggested that drivers will naturally use this route since the roads are much better, but the diverter would give added assurance. Responding to Commissioner Brown, Mr. Springer estimated that lot sizes will average 3,000 square feet, and the townhouses will be two-story units averaging 1,200 to 1,300 square feet. All of the units will have garages with parking in front of those garages. Responding to Commissioner Youngman, Mr. Springer stated that a vocabulary of colors will be identified, with those colors being mixed to create a variety of appearances. He also assured her that the color palette will not include beiges. The Commissioners thanked Mr. Springer for the opportunity to review this pre-application, and indicated they concur with the Development Review Committee recommendations. Work session re employee performance appraisals City Manager Johnson stated that evaluation forms for both the City Manager and Clerk of the Commission were distributed in this week's packet. Those forms are essentially the same as the forms used last year, except that the number of questions has been reduced from over twenty to nine or ten. He then distributed copies of the Management and Mid-Management Performance Evaluation and Pay Policy Effective February 19, 2002 to the Commissioners, noting this is the policy and process being used for other employees not in bargaining units. He concluded by asking if the Commissioners wish to use the same process for evaluation of their two employees or establish a different process. Responding to Mayor Pro Tempore Cetraro, the City Manager indicated a variety of appraisal processes and evaluation tools have been used in the past. Following a brief discussion, the Commissioners chose to follow the same process utilized for other employee evaluations. They also indicated that a short evaluation form to outside agencies, such as the Chamber of Commerce and the County, could provide valuable information for evaluating the City Manager. CommissionerYoungman asked when the Commissioners will receive the peer and self evaluations, as well as previous evaluations, noting that information is valuable when completing the supervisor evaluations. City Manager Johnson indicated that the peer evaluations and self evaluation for the Clerk of the Commission, as well as the previous evaluation, can be included in next week's packet. He asked that the Commissioners determine how his peers are to be selected; the Commissioners concurred that he should choose two and that Assistant City Manager Ron Brey should select two on their behalf. The Commissioners recognized that the City Manager's evaluation process must be extended beyond the July 17 date in the memo, but that the Clerk of the Commission's evaluation process can proceed on schedule. 07-08-2002 4 Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Memo from Assistant Director of Public Safety -~ Fire Operations Chuck Winn, dated June 19, forwarding a proposed draft resolution to put a fire equipment replacement bond issue on the ballot. (2) Letter from Victoria Scharen voicing concern about the proposed Town and Country grocery store at the intersection of South Third Avenue and Kagy Boulevard. (3) E-mail letter from JP Pomnichowski, President of the SouthEast Neighborhood Association, regarding the proposed grocery store at the intersection of South Third Avenue and Kagy Boulevard. (4) Copy of a letter to the editor from Don Bachman, dated July 2, regarding the proposed grocery store at the intersection of South Third Avenue and Kagy Boulevard. (5) (6) (7) School. Copy of the final minutes and comments from the Big Box Task Force, dated June 12, 2002. Agenda for the Development Review Committee meeting that was held on Tuesday, July 2. Agenda for the County Commission meeting that was held on Tuesday, July 2, at the Willson (8) Agendas for the Zoning Commission meeting and the City Planning Board meeting which were held on Tuesday, July 2, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 9, at the Fairgrounds. (10) Agenda for the Development Review Committee to be held at 10:00 a.m. on Tuesday, July 9, at the Professional Building. (11) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 9, at the Professional Building. (12) Newsletter from Headwaters Recycling announcing that the next meeting will be held on July 10 at Boulder. (13) City Manager Johnson stated that Dr. Freilich, land use consultant, is scheduled to be in Bozeman and will be making a presentation followed by discussion regarding zone codes and subdivision regulations beginning at 8:00 a.m. on Thursday, July 11. Planning Director Epple noted that Dr. Freilich also specializes in unified development codes, which he suggested may be beneficial to consider. Mayor Youngman suggested that identifying ways to address community concerns arising from implementing the Bozeman 2020 Community Plan would be beneficial. (14) City Manager Johnson noted that a lady and gentleman from Livingston who are publishing a regional guide and map of the area have been in contact with him and Mayor Kirchhoff and have requested an opportunity to make a ten-minute presentation to the Commission. He indicated that advertising in this publication will have budgetary implications. Some Commissioner concerns about receiving a commercial presentation were voiced; and the Commissioners chose to delay action until Mayor Kirchhoff can provide additional information. (15) Planning Director Epple announced that Historic Preservation Planner Jim Jenks has submitted his resignation, effective August 1. He will be pursuing his PhD in History and teaching. 07-08-2002 -5- (16) Staff Attorney Patdcia Day-Moore announced that she is preparing a resolution of condemnation for two parcels of land for Durston Road right-of-way between North 7th Avenue and North 19th Avenue for consideration at an upcoming Commission meeting. After that resolution is completed, she will be preparing a similar resolution for properties along West Babcock Street. (17) Director of Public Service Debbie Arkell submitted the following. (1) Stated that with the nice spring rains, the grass in the parks is growing faster than the crews can mow it, particularly since one of the mowers ~s down. (2) Announced that she will be attending a weapons of mass destruction seminar for next three days. (18) Commissioner Hietala stated that a lady from Wheelchair America will be in Bozeman on Thursday and Friday, and he will be taking her to Burke Park, Eagle Mount and the Bozeman Public Library on Thursday. (19) Commissioner Youngman reported that she attended an astounding three-week program at Harvard. Because she was a Fannie Mae fellow, she attended additional workshops on affordable housing; and she is now part of a national network on affordable housing. She stated there were 73 people in the program, from the United States and eight other countries; and she will provide tiny snapshots from that experience as issues arise before the Commission. She emphasized the importance of the outward bound weekend and the strong teams that resulted in a very short period of time, and suggested that type of approach in Bozeman as a way to address times when issues or working situations become gnarly. (20) City Manager Johnson reminded the Commissioners of the City picnic, scheduled for 5:30 p.m. on Thursday evening. (21) Commissioner Brown reported on the transit committee, noting that Brian Close was selected as the chair. He noted that members of the committee are visiting the public transit systems in Helena and Great Falls today and will visit Missoula and Butte on Wednesday. He stated the Western Transportation Institute (WTI) has taken the leadership role on the tours, and the committee is essentially receiving free consultant work from them. City Manager Johnson noted that the Transportation Coordinating Committee is meeting next week and would be interested in receiving an update from the transit committee. Commissioner Brown noted he spent the past week in Boulder, Colorado, which has what is viewed as the ultimate transit system. He stated that in 1994, Boulder made a conscious decision to maintain traffic at that level and to encourage bicycles and walkways rather than additional traffic. (22) Commissioner Brown reported that he and Commissioner Hietala attended the seminar on council effectiveness at Big Sky nearly two weeks ago. He noted it included an excellent session on policy governance, which is based on the John Carver method of governance. This training is to be repeated on December 3 in Salt Lake City, at the beginning of the National League of Cities Congress of Cities, and Kandy Rose, one of the trainers, encourages whole commissions to attend. Commissioner Brown stated he has information on the leadership training institute seminars to be held at the beginning of the NLC conference and will have a copy made for each of the Commissioners. (23) Mayor Pro Tempore Cetraro stated that last Monday, the coach of the Bozeman Bucks Legion Baseball team called him to voice concern that the sign they post at the Van's County Market site at the corner of North 7th Avenue and West Tamarack Street to announce games in progress had been removed. He responded to that call by suggesting Mr. Wheeler call the Code Enforcement Officer. City Manager Johnson noted that the Code Enforcement Officer was addressing the issue of fireworks signs inside city limits at that time, He then stated that the increased concentration on code enforcement has allowed more issues to be addressed and suggested the Commission may want to consider some revisions to the code if the regulations are too restrictive. Planning Director Epple suggested that the baseball sign may have been inadvertently caught in the sweep of illegal fireworks signs. He then indicated a quick review of the sign code reveals that a 07-08-2002 -6- temporary sign permit may be all that is needed to allow the sign to remain. He voiced his interest in retaining the good working relationship that the City staff has developed with representatives from Legion Baseball through remodeling of their field. (24) Clerk of the Commission Sullivan reminded the Commissioners of the invitation to participate in a noon luncheon and GalaVan bus ride next Monday. Recess - 4:20 p.m. Mayor Pro Tempore Cetraro declared a recess at 4:20 p.m., to reconvene at 7:00 p.m. Reconvene - 7:00 p.m. Mayor Pro Tempore Cetraro reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearinq - Ordinance No. - annexinq east side of South 9th Avenue from West Babcock Street south to the alley between West Babcock Street and West Olive Street into the Bozeman Hiqh School neiqhborhood parking district This was the time and place set for the public hearing on the request to annex the east side of South 9th Avenue from West Babcock Street south to the alley between West Babcock Street and West Olive Street into the Bozeman High School neighborhood parking district, as requested by Kline Dental Care. Mayor Pro Tempore Cetraro opened the public hearing. Assistant City Manager Ron Brey presented the staff report. He stated that this request is to add a half block occupied by Kline Dental Care to the Bozeman High School neighborhood parking district. He indicated that reviews of the four to five parking spaces involved in this proposed annexation to the district have been conducted at various times of the day, and those spaces have always been fully occupied. He characterized this as a unique circumstance, with the alley and street intersection creating easily identified boundaries and a commercial use located immediately outside the district being negatively impacted. The Assistant City Manager stated that staff has reviewed this application in light of the criteria set forth in the Bozeman Municipal Code, and staff's comprehensive findings are contained in the written staff report. He briefly summarized those findings and concluded by forwarding staff's recommendation for approval. Responding to Commissioner Hietala, the Assistant City Manager stated that signage will be in compliance with national standards. Ms. Barbara Wetzler, Kline Dental Care, indicated a willingness to respond to questions. No one was present to speak in opposition to the requested annexation into the parking district. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. Included in the Commissioner's packets was a copy of a proposed ordinance annexing the subject area into the Bozeman High School neighborhood parking district, entitled: ORDINANCE NO. 1568 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SUBSECTION A OF SECTION 10.32.396 PERTAINING TO THE AREA DESIGNATED AS 07-08-2002 -7- THE BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL PARKING DISTRICT TO INCREASE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT, PURSUANT TO SUBSECTION N OF SECTION 10.32.396, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF THE BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL PARKING DISTRICT. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No. 1568, annexing the east side of South 9th Avenue from West Babcock Street south to the alley between West Babcock Street and West Olive Street into the Bozeman High School neighborhood parking district, 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 Hietala, Commissioner Brown, Commissioner Youngman and Mayor Pro Tempore Cetraro; those voting No, none. Public hearinq - Zone Map Amendment - David MacDonald for the Estate of Eula May Lessley - establish initial municipal zoninq designations of"R-3" and "R-O" on a 10.64-acre parcel described as Tract 2, COS No. 1855, and a portion of 48 FM 220 (north side of 2300 block of West Babcock Street) (Z-02033) This was the time and place set for the public hearing on the Zone Map Amendment requested by David MacDonald for the Estate of Eula May Lessley under Application No. Z-02033, to establish initial municipal zoning designations of"R-3", Residential--Medium-density, and "R-O", Residential--Office, on a 10.64-acre parcel described as Tract 2, Certificate of Survey No. 1855, and a portion of 48 FM 220. The subject property is located along the north side of the 2300 block of West Babcock Street. Mayor Pro Tempore Cetraro opened the public hearing. Senior Planner Dave Skelton stated that when the Commission considered the resolution of intent to annex this property, Mayor Kirchhoff knew he would not be present at this meeting and asked that the public hearing date be set for July 15. The advertisement setting the public hearing for the zone map amendment for July 8, however, had already been prepared. He requested that the Commission continue this hearing for one week, so the annexation and zone map amendment can be considered together. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the public hearing be continued to July 15 per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Pro Tempore Cetraro; those voting No, none. Public hearinq - Certificate of Appropriateness with deviation from Section 18.18.050, Bozeman Municipal Code, to allow construction of a rear addition which encroaches 10 feet 6 inches into required 20-foot rear yard setback on Lots 5 and 6, Block B, Lindley and Guy's Addition - David and Kristi Crawford, 218 Lindley Place (Z-02107) This was the time and place set for the public hearing on the Certificate of Appropriateness as requested by David and Kristi Crawford under Application No. Z-02107, with a deviation from Section 18.18.050 of the Bozeman Municipal Code, to allow construction of a rear addition which encroaches 10 feet 6 inches into the required 20-foot rear yard setback on Lots 5 and 6, Block B, Lindley and Guy's Addition. The subject property is located at 218 Lindley Place. Mayor Pro Tempore Cetraro opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Historic Preservation Planner Jim Jenks. He identified the location of the subject property and the location of the proposed addition and new garage. He stated the addition is to be located where a previously unfinished portion of the original house was located; as a result, this addition will enhance the site and the area, as well as improve the function of the home. He indicated that the home is a contributing element on the national register, and this proposed addition will help to maintain its historic characteristics. 07-08-2002 -8- The Planning Director noted that Mr. Bill Clinton, 216 Lindley Place, has submitted an e-mail voicing some concerns about the impacts the proposed addition will have on his property. He indicated that, after visiting the site, staff feels the proposed additions are in keeping with the goals and objectives of historic preservation and will not negatively impact Mr. Clinton and, therefore, recommends approval. Mr. Rob Pertzborn, architect representing the applicant, responded to questions from Commissioner Youngman. He noted that Mr. Clinton's property is located behind this subject property and was originally the carriage house for what is now the Crawford home. The plan before the Commission is the result of working with the neighbors and represents as much adjustment as possible. He indicated that the narrowest possible single-car garage is proposed, with an additional six feet in length to accommodate bicycles and the lawn mower. He concluded by encouraging approval of the requested addition and deviation. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. It was moved by CommissionerYoungman, seconded by Commissioner Hietala, that the Certificate of Appropriateness as requested by David and Kristi Crawford under Application No. Z-02107, with a deviation from Section 18.18.050 of the Bozeman Municipal Code, to allow construction of a rear addition which encroaches 10 feet 6 inches into the required 20-foot rear yard setback on Lots 5 and 6, Block B, Lindley and Guy's Addition, be approved subject to the following conditions: The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 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 Youngman, Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. Public hearinq - Zone Map Amendment - Fae B. Rolfe Revocable Trust and William A. Rolfe Revocable Trust - amend the zoninq desi.qnation from "B-P" to "B-2" on 20.33-acre tract described as COS No. 331 (2501 North 19th Avenue) (Z-02115) This was the time and place set for the public hearing on the Zone Map Amendment requested by the Fae B. Rolfe Revocable Trust and William A. Rolfe Revocable Trust under Application No. Z-02115, to amend the zoning designation from "B-P", Business Park, to "B-2", Community Business, on a 20.33-acre tract described as Certificate of Survey No. 331. The subject property is located at 2501 North 19th Avenue. Mayor Pro Tempore Cetraro opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Associate Planner Jody Sanford. He noted that this subject property was annexed slightly over a year ago and, at that time, it was given a Business Park zoning designation. Subsequently, the Bozeman 2020 Community Plan was adopted, and that plan designates this area as regional commercial. During the adoption process, staff recognized the "B-P" zoning designation on this parcel was inappropriate and would require amendment; and the applicant has come forward with this application. The Planning Director stated that staff has analyzed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He concluded by indicating that staff recommends approval of the rezoning; and the Zoning Commission concurs with that recommendation. 07-08-2002 -9- Mr. Joel Shouse, representing the applicant, indicated concurrence with the staff report and encouraged approval. No one was present to speak in opposition to the requested rezoning. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Zone Map Amendment requested by the Fae B. Rolfe Revocable Trust and William A. Rolfe Revocable Trust under Application No. Z-02115, to amend the zoning designation from "B-P", Business Park, to "B-2", Community Business, on a 20.33-acre tract described as Certificate of Survey No. 331, be initially approved and that staff be directed to bring back an ordinance enacting the zone map amendment subject to the following condition: The applicant shall provide a metes and bounds legal description and an 8% -inch by 11-inch or 8% - inch by 14-inch map 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Pro Tempore Cetraro; those voting No, none. Public hearinq - modifications to conditions of approval for minor subdivision to subdivide 19.6 acres described as Tract 1, COS No. 1846, into $ commercial lots - Morrison-Maierle for 360 Ranch Corporation and R&D Holdinq - modify Condition No. 2, to allow access from proposed Lot 1 onto West Babcock Street; modify Condition No. 7, to allow an additional shared access between Lots 3 and 4; and modify Condition No. 8, to allow direct access onto West Babcock Street from Lot 1 and allow a shared access between Lots 3 and 4 with access onto Cottonwood Road (northeast corner of Huffine Lane and Cottonwood Road) (P-02007A) This was the time and place set for the public hearing on the modifications to conditions of approval of a minor subdivision to subdivide 19.6 acres described as Tract 1, Certificate of Survey No. 1846, into five commercial lots, as requested by Morrison-Maiede for the 360 Ranch Corporation and R&D Holding under Application No. P-02007A. The requested modifications include: (1) modifying Condition No. 2, to allow access from proposed Lot 1 onto West Babcock Street; (2) modifying Condition No. 7, to allow an additional shared access between Lots 3 and 4; and (3) modifying Condition No. 8, to allow direct access onto West Babcock Street from Lot 1 and allow a shared access between Lots 3 and 4 with access onto Cottonwood Road. The subject property is located at the northeast corner of Huffine Lane and Cottonwood Road. Mayor Pro Tempore Cetraro opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She reminded the Commission that this preliminary plat was approved at the April 8 meeting. She noted that the subject parcel is long and narrow, lying along the east side of Cottonwood Road between Huffine Lane and West Babcock Street. She reviewed the requested modifications to Condition Nos. 2, 7 and 8, which staff had recommended to limit the number of accesses onto the adjacent collectors and arterials. The Assistant Planner stated that staff has reviewed the requested modifications and found that the proposed accesses meet the current zone code and meet the new subdivision regulations that become effective on July 10. She indicated that, since Cottonwood Road is to be a four-lane road with a center median, access points on that road would be right in, right out only. She noted that, following its review of this application at its June 18 meeting, the City Planning Board forwarded its recommendation for approval of the requested modifications. Responding to Commissioner Youngman, the Assistant Planner stated that two Planning Board members initially voiced concern about the proposed additional accesses; however, based on the fact that the requested accesses would be in compliance with both the subdivision regulations and the zone code, 07-08-2002 -10- one of those members voted for the requested modifications. Also, the Board recognized the importance of adequate access to commercial lots and adequate traffic circulation on those lots. Planning Director Andy Epple noted that staff's recommended conditions for the preliminary plat limited access beyond the code requirements. The applicant has subsequently requested these modifications, and staff has indicated it will not oppose the modifications since the result still meets code. Mr. Tom Henesh, consulting engineer representing the applicant, stated that he was out of town when the original application for the preliminary plat was going through the review process, and he returned only the day of the Commission meeting. As a result, he did not adequately study the staff report and recommended conditions prior to the public hearing. Mr. Henesh stated that a ditch runs diagonally across the subject property, and the proposal for development of the site includes relocation of that ditch so it runs along Cottonwood Road, with only limited accesses being provided to the road. He cautioned that, with the limited accesses approved originally, blockage of one entrance could create problems for the entire subdivision. He concluded by requesting Commission approval of the modifications. No one was present to speak in opposition to the requested modifications. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. Commissioner Youngman voiced concern about the change in staff recommendations, particularly since the Transportation Plan has not changed. Planning Director Epple responded that the long frontage along a collector results in limited opportunities for access from what have previously been identified as preferred alternatives. Assistant Planner Kadn Caroline stated that, given the configuration of this property, staff feels allowing the additional accesses is appropriate. She then indicated that staff will continue to look carefully at accesses to collectors and arterials from other properties along this corridor and will try to ensure that they are limited and that they line up appropriately. Commissioner Youngman acknowledged the narrowness of the property and reluctantly indicated a willingness to support the modifications. She voiced appreciation for staffs continued commitment to ensuring that accesses are as limited as possible and that they are coordinated to the greatest extent possible. She noted that if too many accesses are allowed, these roadways and the City's transportation system will malfunction once again. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the modifications to conditions of approval of a minor subdivision to subdivide 19.6 acres described as Tract 1, Certificate of Survey No. 1846, into five commercial lots, as requested by Morrison-Maierle for the 360 Ranch Corporation and R&D Holding under Application No. P-02007A, be approved, and that those conditions shall read as follows: Lot Nos. 1 and 2, Lot Nos. 3 and 4, and Lot Nos. 4 and 5 shall utilize a shared access centered on the common lot line. These will be the only accesses allowed to Cottonwood Road for these lots. Easements for the shared access shall be dedicated on the face of the final plat. A one-foot no access strip shall be shown on the final plat along the entire Cottonwood Road frontage for Lot 3, except for the shared access between Lot Nos. 3 and 4, ---' "-- ~-':-^ ,A,--A, ~--,.~----,. O,.--A, ,.~--,----~ ' --' I. Cil I%,~ t,I I~;~ T~IILIIT~ YV~,~t L~O&JU'~%.~ ~7%1 ~.~;;~1, IIT~I ILC;IT,~J~ Of I..vi. 07-08-2002 -11 - The motion carded by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Pro Tempore Cetraro; those voting No, none. Adjournment - 7:40 p.m. There being no further business to come before the Commission at this time, it was moved by CommissionerYoungman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner ¥oungman, Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetr~aro;/ff~ose voting No, none. ANDREW L. CETRARO, Mayor Pro Tempore ATTEST: Clerk of the Commission 07-08-2002