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HomeMy WebLinkAbout2002-05-20 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 20, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 20, 2002, at 7:00 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, Staff Attorney Patricia Day-Moore, and Deputy Clerk of the Commission Carolyn Wilmont. 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 April 22 and May 13, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of April 22, 2002, be approved as submitted. 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. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13, 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 Cape-France Enterprise - 38.67 acres described as Tracts A-1 and A-2, COS No. 1827 (lying along Valley Center Road, along east side of North 27th Avenue) Commission Resolution No. 3517 - annexing 38.67 acres described as Tracts A-1 and A-2, COS No. 1827 (lying along Valley Center Road, along east side of North 27th Avenue) COMMISSION RESOLUTION NO. 3517 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. Exemption from subdivision review - allow relocation of common boundary between Lot lA and common area in Northern Rockies Subdivision PUD (southeast corner of Highland Boulevard and Ellis Street) - John Campbell, LLC and Gary F. Lusin, LLC (E-02006) Exemption from subdivision review - allow relocation of common boundary between Tract A and Tract B, located in Lot 26, Block 7, Werre Rearrangement of Blocks 3, 4, 5, 6 and west portion of Blocks 2 and 7, West Side Addition (304 South 13th Avenue) -Mike N. Steiner Trust (E-02007) 05-20-2002 -2- Award bid - one new horizontal baler with below ground conveyor for Landfill - Excel Manufacturing, Inc., St. Charles, Minnesota - in the bid amount of $78,865.00 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, and Mayor Kirchhoff; those voting No, none. Ordinance No. 1564-establish initial municipal zoning designation of"B-2" on 38.67 acres described as Tracts A-1 and A-2, COS No. 1827 (Valley Center Road at North 27th Avenue) Included in the Commissioners' packets was a copy of Ordinance No. 1564, as approved by the City Attorney, entitled: ORDINANCE NO. 1564 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 38.67 ACRES LOCATED IN THE El/2 SW% OF SECTION 26, TlS, R5E, P.M.M., GALLATIN COUNTY, MONTANA. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No. 1564, establishing an initial municipal zoning designation of "B-2" on 38.67 acres lying along Valley Center Road at North 27th Avenue 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, and Commissioner Hietala; those voting No being Mayor Kirchhoff. Public hearing - COA with deviation from Section 18.18.050, Bozeman Municipal Code, to allow new two-car garage to encroach 3 feet into required 5-foot side yard setback on Lots 3 and 4, Block 1, Butte Addition - Robert and Carol Bramblett, 806 South Tracy Avenue (Z-02062) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Robert and Carol Bramblett under Application No. Z-02062, with a deviation from Section 18.50.050 of the Bozeman Municipal Code to allow the construction of a new two-car garage on Lots 3 and 4, Block 1, Butte Addition, which encroaches 3 feet into the required 5-foot side yard setback. The subject property is located at 806 South Tracy Avenue. Mayor Kirchhoff opened the public hearing. Historic Preservation Planner Jim Jenks presented the staff report. He stated that the applicant is requesting a single deviation to build a two-car garage which encroaches 3 feet into the required minimum 5-foot side yard setback. He stated that staff has reviewed the application in light of the applicable criteria in the zone code, and staff's comprehensive findings are contained in the written staff report. He noted that staff believes this project meets the three criteria for the granting of deviations as described in the zoning ordinance and recommends conditional approval of this request. Historic Preservation Planner Jenks reviewed two of those criteria; the first being historic appropriateness of the project. It is located in the South Tracy Historic District, a small district comprised of seven homes and properties. Of those seven homes, five currently have garages that encroach into setbacks. Therefore, the precedent is set; and staff believes continuing this pattern is in the best interests of historic preservation. The second criteria is the potential adverse effect on abutting properties, which is especially important for this project. Staff recognizes the impact to the viewshed for the adjacent properties, and that construction of this garage will definitely affect the view of the neighbor to the south. Staff looked 05-20-2002 3- at different options and concluded that with the slope of the side yard and a slope at the back of the property, the applicant's proposed site is the most logical. He noted that the neighbor to the south has submitted a formal protest; and that Shirley Sedivy, who owns the prOperty at 820 SouthTracy Avenue, has verbally stated her support for the project. Mr. Robert Bramblett, applicant, concurred with Jim Jenks' summary of the project and the reasons for the proposed location of the garage. He addressed the issue of the property's slope, stating that to locate the garage at the back of the lot with access off the alley would require considerable excavation to match the grade of the alley. Access from the existing driveway to a location at the back of the property would require extensive fill in the side yard and would create a very long driveway. He then pointed out that the proposed location is basically in line with the existing driveway and shifting it farther north would create a difficult angle for getting cars into and out of the garage. He noted that construction of the garage would be followed by removing an unsightly metal shed and landscaping of the back yard, thus improving the overall appearance of the properly. He concluded by stating that the proposed garage is historically correct and matches the design of their 1925 Craftsman style house, and is essentially the same design as the one on the Barton property. Mrs. Carol (Endicott) Bramblett stated that accessing the garage from the alley would be very difficult due to the slope and the fact that the alley is never plowed in the winter. Mrs. Karen Barton, 810 South Tracy Avenue, stated that the proposed location of the garage would destroy their viewshed, and the view was a huge consideration when they purchased their home in 1996. She pointed out that their yard once contained the same slope as the Brambletts'; however, they have spent a considerable amount of money to have it filled in and leveled. She suggested that the garage could be moved farther back on the property to align with their own garage. She noted that most of the garages in the neighborhood are single-car garages with shared driveways, and that a double-car garage with light green vinyl siding is not historically appropriate. She stressed that allowing the garage in the proposed location with the setback deviation would take away their view, and the eaves would be only 12 inches from their property line. She concluded by stating that such a large garage belongs on the alley. Zachary Barton concurred with his mother's comments. Responding to Karen Badon's comment on historical appropriateness, Historic Preservation Planner Jenks stated that modern needs require different designs and sizes of structures, citing the larger cars being driven today compared to those in the horse and buggy days. In regard to the siding type and color, he pointed out that one of the considerations in historic preservation is to complement the house and not to match it exactly. In response to Commissioner Youngman, Karen Barton stated that moving the garage toward the alley would open up their view of the Bridgers and the "M." She stressed the importance of their view of the Bridgers, in terms of both property value and enjoyment of life. She again voiced her objection to such a large structure being built so close to her property line and stated she wants it as far away from her living space as possible. Mr. Robed Bramblett reiterated that the proposed location is the most logical. He pointed out that moving the garage farther north would put it in the middle of his back yard and would still impact the view, and that moving it to the back of the property would be economically unfeasible due to the cost of excavation or bringing in fill. Commissioner Youngman requested that the public hearing be continued and that the decision be delayed for one week. She suggested that, in the meantime, the Community Mediation Center may be able to help the neighbors work through the issues and reach a compromise. Commissioner Brown expressed his support for the requested continuance. Responding to Commissioner Hietala, Mr. Bramblett said the garage would essentially be in the same place as the existing driveway, ending where the driveway ends. Mayor Kirchhoff continued the public hearing to May 28 at 7:00 p.m. 05-20-2002 -4- Public hearing - preliminary plat for Bridger Peaks Town Center minor subdivision - Morrison- Maierle, Inc., for Bridger Peaks LLC - subdivide 2.08 acres described as Lot lA, amended plat of Bridger Peaks Town Center, into two lots for commercial development (north side of West Oak Street, approximately 800 feet east of its intersection with North 19th Avenue) (P-02014) This was the time and place set for the Public hearing on the preliminary plat for Bridger Peaks Town Center Minor Subdivision, as requested by Morrison-Maierle, Inc, for Bridger Peaks LLC under Application No. P-02014, to subdivide 2.08 acres described as Lot lA, Amended Plat of Bridger Peaks Town Center, into two lots for commercial development. The subject properly is located along the north side of West Oak Street, approximately 800 feet east of its intersection with North 19th Avenue. Mayor Kirchhoff opened the public hearing. Associate Planner Chris Saunders presented the staff report. He stated that this is a proposal to subdivide one lot into two within an existing commercial subdivision. He noted that all public interest issues have previously been addressed through a major site plan review for the Bridger Peaks Town Center planned unit development, as well as through the major subdivision review process. Associate Planner Saunders stated that staff has reviewed the application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Staff has identified no conditions and only one code requirement for this project, which is to make corrections to some certificates for the final plat, and recommends approval of the application. Mr. Jonathan Roen, Morrison-Maierle, representing the applicant, stated a willingness to answer any questions. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the preliminary plat for Bridger Peaks Town Center Minor Subdivision, as requested by Morrison-Maierle, Inc, for Bridger Peaks LLC under Application No. P-02014, to subdivide 2.08 acres described as Lot lA, Amended Plat of Bridger Peaks Town Center, into two lots for commercial development be approved subject to the following condition: 1. The final plat shall contain all required and properly worded certificates. 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 - preliminary plat for Laurel Glen Subdivision, Phases 1 through 4 -Allied Enclineerin_cl for Hinesley Family Limited Partnership, Sidney & Ethel M. Dykstra, Pedro J. & Olga M. Adrian, and Alan L. & Rhonda Rose Drecksler -subdivide 156.96 acres described as Lots 1, 2 and 3, Minor Subdivision No. 201, into 83 single-family residential lots, 179 multi-family lots, 8 condominium lots and 2 neighborhood commercial lots, with variance to Section 16.18.050.D.7., Bozeman Municipal Code, to allow development of Phase 1 with a Level of Service less than "C" at the intersection of arterial and collector streets (north side of Durston Road, approximately % mile west of its intersection with Cottonwood Road) (P-02012) This was the time and place set for the public hearing on the preliminary plat for Laurel Glen Subdivision, Phases I through 4, as requested by Allied Engineering for the Hinesley Family Limited Partnership; Sidney and Ethel M. Dykstra; Pedro J. and Olga M. Adrian; and Alan L. and Rhonda Rose Drecksler under Application No. P-02012, to subdivide 156.96 acres described as Lots 1, 2 and 3, Minor Subdivision No. 201, into 83 single-family residential lots; 179 multi-family lots; 8 residential condominium lots; and 2 neighborhood commercial lots. The applicant is also seeking a variance from Section 16.18.050.D.7. of the Bozeman Municipal Code to allow development of Phase 1 with a Level of Service (LOS) less than "C" at the intersection of arterial and collector streets. The subject property is located along the north side of Durston Road, approximately one-quarter mile west of its intersection with Cottonwood Road. 05-20-2002 -5- Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that this is a proposal to subdivide 156.96 acres to include a mix of residential and commercial development with lot sizes ranging from 6,100 sq. ft. for the smaller residential lots to 4.49 acres for one of the neighborhood commercial lots. This design will implement some of the goals and policies of the Bozeman 2020 Community Plan, and this development has received preliminary approval for annexation to the City, as well as preliminary approval to establish municipal zoning designations. Approximately 19 acres of dedicated parkland and open space are being proposed and will include land along the Aajker Creek tributary, which flows through the southwest corner of the property, as well as land along Baxter Creek, which runs the entire length of the properly from north to south. A trail system along Baxter Creek will provide an important link in the trail corridor identified in the 2020 Plan, which will extend from the Billion Plaza Subdivision north to East Valley Center Road. Senior Planner Skelton 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 noted that the staff report includes 44 conditions of approval to address the impacts identified with development of the property. The Senior Planner then drew attention to three areas of concern; the key item being the need to address and mitigate traffic impacts. He indicated that a traffic study has projected that the intersection of Huffine Lane and Cottonwood Road would fall below Level of Service (LOS) "D" during development of this subdivision; and the applicant has requested a variance to allow Phase 1 to proceed, with the understanding that LOS "C" must be maintained for Phases 2, 3 and 4. The developer has also requested that Phase 1 be allowed to proceed before the improvements to Durston Road are completed, with the understanding that Durston Road must be improved to a minor arterial standard prior to development of Phase 2. He noted that Durston Road has been the subject of many discussions between the City and the developers since the timing of the improvements is critical. He further noted that the applicant, along with Mr. Walt Wolf and Valley West, LLC are working together to implement an SID for the improvements from North 19th Avenue to Fowler Avenue. He pointed out that staff is recommending the condition as provided in the Planning Board resolution. The second area of concern was the high groundwater in the area. He stated that staff and the Development Review Committee entertained placing restrictions on construction of full or partial basements, but, upon further review, determined that there are high points in the topography where basements could be constructed. In lieu of that restriction, staff recommended a notation on the plat that professional engineering advice should be sought prior to considering a full or partial basement. Senior Planner Skelton then addressed the third area of concern, that being dedicated parkland. He stated that the proposal contains 8.413 acres of parkland, which is approximately 4.244 acres shod of that required by subdivision regulations. Staff has recommended dedication of the entire Baxter Creek stream corridor situated in Phases 3 and 4, which would provide an additional 10.663 acres. Staff also recommends that if there is no dedicated parkland along the Aajker Creek tributary, a public access easement should be provided for the trail corridor. The Senior Planner concluded by noting that at its May 7 meeting the Planning Board, on a vote of 6-0, recommended conditional approval of the preliminary plat application; and on a vote of 5-1, recommended denial of the requested variance. Break - 8:10 to 8:20 p.m. Mayor Kirchhoff declared a break from 8:10 p.m. to 8:20 p.m. in accordance with Commission policy. 05-20-2002 -6- Public hearing (continued) - preliminary plat for Laurel Glen Subdivision, Phases 1 through 4 -Allied Engineering for Hinesley Family Limited Partnership, Sidney & Ethel M. Dykstra, Pedro J. & OI.qa M. Adrian, and Alan L. & Rhonda Rose Drecksler -subdivide 156.96 acres described as Lots 1, 2 and 3, Minor Subdivision No. 201, into 83 single-family residential lots, 179 multi-family lots, 8 condominium lots and 2 neighborhood commercial lots, with variance to Section 16.18.050.D.7., Bozeman Municipal Code, to allow development of Phase 1 with a Level of Service less than "C" at the intersection of arterial and collector streets (north side of Durston Road, approximately ¼ mile west of its intersection with Cottonwood Road) (P-02012) Responding to Commissioner Brown, Senior Planner Skelton stated that the 12-inch sewer and water mains in Durston Road extend just beyond its intersection with Cottonwood Road and are adequate for development of Phases I and 2, as well as for Gary Metcalf's adjoining property. He noted, however, that Phases 3 and 4 will require main extensions in West Oak Street. Mr. Chris Budeski, Allied Engineering, representing the applicant, reviewed the proposed development noting that they have incorporated roundabouts and mixed uses into the design, including affordable housing, in accordance with goals and policies of the 2020 Plan. He then stated that a trail corridor along Baxter Creek is planned, and applications for the required permits have been submitted to the State. Mr. Budeski then addressed the requested variance, stressing that it is only for construction of Phase 1, to allow a LOS less than "C" at the intersections of Huffine Lane/Cottonwood Road and Durston Road/North 19th Avenue. He stated that they have met with Jason Giard of the MDOT, and an updated warrant analysis is being completed for signalization of the Huffine/Cottonwood intersection. In anticipation of a decision that a signal is warranted and justified, the applicant has requested proposals for the design from a couple of traffic engineers. He noted that options for funding the signal are to work with developers in the area or to create an SID; thus they are moving forward with plans for funding of the signal. Mr. Budeski turned his attention to the issue of required improvements to Durston Road. He noted that an SID is currently being created for Durston Road; however, County-owned property along its route is delaying the process, and they have no control over it. Until the property is acquired by the City or an easement is granted, construction cannot begin. Mr. Chuck Hinesley, applicant, expressed his appreciation for the Commission's help on this project. He acknowledged the importance of completing the improvements to Durston Road and stated that the SID for improvements from North 19th Avenue to Fowler Lane is currently stalled. He stated that he and two other developers are participating in that SID and attempting to raise around $500,000 to get it completed. He noted that the other two developers, Walt Wolf and Valley West, LLC, have phases already approved and requested that the Commission approve Phase 1 of this project to allow his participation in the SID. He then addressed the condition requiring that the signal at Cottonwood Road and Huffine Lane be operational prior to final plat approval. He stated the condition as currently written would allow only about four months for completion of the signal, which is not adequate, and asked that Phase I be excepted from that condition. Mr. Terry Threlkeld, Allied Engineering, responded to Commissioner Youngman, stating that the monkey flower, stone plant and slender wedgegrass are native plant species which have been identified on adjoining property, but the land where this development is to occur has been intensively farmed as alfalfa or grain crops. He then noted that the riparian or wetland areas within the development will be maintained. Dr. Richard Nollmeyer, adjacent property owner, questioned what the proposed starting date is, what the time frame is for construction of the infrastructure, and what area Phase 1 encompasses. He then stated his appreciation for the Commission's decision to not allow high-density development on the property abutting his and for the parkway running through it. Senior Planner Dave Skelton explained that Phase 1 is in the southwest quarter of the property, and Phase 2 is the northwest quarter. He noted that construction will begin once the preliminary plat is approved and infrastructure is completed, which typically takes three to six months. 05-20-2002 7- Commissioner Brown stated that his only real concern is with the adequacy of the roads and the deterioration in the Level of Service. He pointed out that the Planning Board recommended denial of the variance on a vote of 5-1, based on the Iow LOS. Planning Director Epple clarified that the variance relates to the signal at Huffine Lane and Cottonwood Road, which correlates to a subdivision code provision dealing with Levels of Service lower than "D." He noted that the intersection currently has LOS "F"; thus the condition that the signal must be installed prior to issuing building permits. He further explained that the Durston Road issue is not a variance, but is the subject of a recommended condition. Senior Planner Skelton confirmed that the applicant is requesting modifications to Conditions Nos. 9 and 11, which basically deal with infrastructure improvements for Phase 1, and that the variance is for Condition No. 10. Mayor Kirchhoff stated that he is not in favor of modifications to the recommended conditions, noting the improvements to Durston Road, as well as the signal, should be put into place as quickly as possible. He pointed out that the situation on Durston Road is more like deferred maintenance, and the City has delayed action long enough for the burden of the SID to be on the developers and not on the City. Ms. Holly Brown, attorney for the applicants, emphasized that the dilemma is how much the private sector can do without the City's involvement. She stated that the developers are very close to a solution for the financial issues pertaining to the SID; however, they have no way to resolve the right-of-way questions for the county property since they have no power of eminent domain. She stressed that without the City's participation to obtain the needed rights-of-way for the SID, no one can proceed with the improvements to Durston Road. She then noted that if the City requires the SID for Durston Road to be in place before Mr. Hinesley can proceed, he will not have the ability to sell lots to provide for his share of financing for the SID. Commissioner Cetraro expressed his support for approving Phase 1, noting that would resolve the Durston Road issues. Commissioner Youngman stressed that there is an intersection at LOS "F", which is utterly unacceptable. She also noted that the Commission has restricted additional phases of Harvest Creek and Valley West until improvements to Durston Road have been made. She voiced her appreciation for Mr. Hinesley's commitment to affordable housing but emphasized that the Commission should not make the same mistake with Durston Road as with West Babcock Street. She concluded by emphasizing that Durston Road, which has no sidewalks or bike lane, is a dangerous street regardless of the LOS for vehicles. Mr. Chris Budeski noted that according to a traffic study done by Robert Peccia and Associates, the intersection of North 19th Avenue and Durston Road currently is LOS "C" in the morning and "F" in the evening. With completion of proposed improvements, it is expected to be "C" in the morning and "D" in the evening; and it will likely always be at "D" during peak hours due to the fact that it is one of the busiest intersections in the City. He acknowledged that Cottonwood/Huffine is at a LOS "F" and a signal is imperative; all they are asking for is more time to put the signal in place. He stated that everything is set to move forward; and they would like to do the development this summer, which is why they are asking for the variance. Responding to Commissioner Brown, Mr. Budeski stated that the improvements to Durston Road th th from North 7 Avenue to North 19 Avenue will not help their situation at this time; however, future extensions of West Oak Street and Annie Street will relieve some of the pressure on Durston Road. Mr. Gary Metcalf, 3955 Durston Road, stated that this is a "Catch 22" situation for himself and for the City. The City must come up with the money for the improvements to Durston Road, and his family would like to participate in the SID and give the 15-foot right-of-way needed; however, that 15 feet is in the middle of their houses. He further stated that because their land is worth a lot of money, the cost of participating in the SID is prohibitive. He noted there is probably only one piece of property holding up improvements to Durston Road, and that one piece could be a problem for many years. He encouragedthe Commission to allow this subdivision go forward in order to generate the money for improving Durston Road. 05-20-2002 -8- Ms. Holly Brown proposed setting a date certain for installation of the signal at Cottonwood Road and Huffine Lane and allowing the variance only for that period of time. She offered a time frame of nine months from today; and if the signal is not completed by that date, no further building permits would be issued. Commissioner Brown stated that this may be a solution to the signal issue, but that the Durston Road issue is still a problem. City Manager Johnson reviewed the proposed SID for Durston Road. He stated that the total cost of the SID from North 19th Avenue to Fowler Lane is $2,279,000. Of the property in that area, 22 percent, representing $501,380, is not annexed. He explained that when city and county properties are in an improvement district, it becomes an SID/RID; and the County residents within that district have indicated they will protest out. If the City had an impact fee program, approximately $213,000 from those fees could be contributed toward capacity expanding elements of the project; but since it does not, the developers have agreed to pay that amount. In return they will receive impact fee credits, which they hope to recover as development in the area continues. He noted that the developers have shown a lot of good faith to keep this moving forward since they have also agreed to fund the $501,380 that is attributable to the county propedies. He agreed that the City will probably have to exercise its power of eminent domain in order to acquire the rights-of-way necessary to complete the road. He stressed that if the City takes the position that the road must be finished, in effect it will have declared a moratorium on development in the area until those issues are resolved. This does not, however, address the already existing problem of the road's inadequacy to accommodate vehicles, pedestrians and bikes in a safe manner. The City Manager reiterated that the developers in this particular case have come forward with a substantial amount of money to speed the process along, and that in order to make those dollars work, they probably do need to sell some property. If the street must come first, however, the right-of-way is still a roadblock to putting the SID in place. He proposed narrowing the road at the point where the right-of-way is problematic by eliminating the center turn lane. Mr. Chuck Hinesley noted that 78 percent of Durston Road from North 19th Avenue to Fowler Lane, which is approximately 5,400 feet in length, could be completed to a full arterial standard; and, with the exception of the capacity expansion portion, the cost could be covered under the SID. He suggested that the small section along the county properties could be narrowed and not necessarily improved to a full standard. Full sidewalk and curb and gutter could be run along the entire north side, and only a 500-foot section along Western Drive on the south side would have no sidewalk and curb and gutter. Planning Director Epple confirmed that sidewalk and curb and gutter could run along the entire north side and along the south side to the unannexed county properties where it could narrow, and then transition again into a full arterial standard. He noted, however, that the Engineering Department has not yet endorsed this proposal. The Planning Director noted that the need for the Cottonwood/Huffine traffic signal is reflected in a hard and fast failure in the LOS. On the other hand, Durston Road is not failing at this time based on the LOS for vehicular traffic; but it does not include bike and pedestrian facilities. He reminded the Commission that staff's recommendation has been that Durston Road should be fully improved along its entire length. City Manager Johnson noted that although staff has not offered much negative comment on the suggested alternatives, it is not the right way to build a road; and it should be built the right way the first time. Commissioner Youngman voiced that it might be in the best interest of public safety to proceed this way rather than to have it stalled for two or three years. Getting the north side improved would make the street safer and would allow progress. She noted that this could also put pressure on the county residents to move forward with improvements needed to complete the street. Mr. Chris Budeski stated that Portland has a similar problem since development has occurred where portions of the area are not annexed in. He indicated this type of road construction is common there, and it seems to work very well. Traffic flows smoothly once people get used to the roads and learn how to drive them. Improved roads entice other areas to develop, and the developers then construct additional sections of the road. He noted that allowing the improvements to Durston Road to proceed in this manner will provide a safe area for pedestrians and bikes on one side of the road. 05-20-2002 -9- Commissioner Youngman stated that she is willing to entertain the applicant's suggestion for a date certain work stop order in conjunction with Condition No. 11, but she asked for clarification on the date and whether the stop order applies to only new building permits or to those already issued. Commissioner Brown stated that the stop order should apply only to new permits since it would be unreasonable to revoke issued permits. Commissioner Hietala stated that he would support a complete work stop order, which would not involve revoking a permit but would just not allow any work to continue on the property. Planning Director Epple voiced concern that all the building permits for Phase 1 could realistically be issued in nine months, and that it would not be possible to go out and stop work. He also noted that if substantial progress is not made on the light by fall, it will not get done this year. Mr. Chuck Hinesley stated that they are asking for nine months to complete installation of the signal, noting that it would take three to five months to complete the infrastructure; and he anticipates no new traffic would be generated from the site any sooner than nine months. He pointed out that the signal could be completed sooner than that; however, that would depend on the State's approval of the engineering and letting the contract, which usually takes six months or more. Ms. Holly Brown reiterated that the light must be put out for public bid since Huffine Lane is a state highway, and that is the process that takes time. She also commented that the signal issue was not included in the Valley West conditions. Mr. Chris Budeski stressed that the MDOT wants the light installed as soon as possible and, in order to facilitate the project, has offered to provide the poles from their reserve supply to be replaced at a later date. City Manager Johnson noted that since the condition also requires a financial guarantee, the worst case scenario is that the City would have to step up and complete the light after the properties are occupied by the end of the building season a year from now. Mayor Kirchhoff expressed his general support for the subdivision but voiced concern over block lengths, the street layout, street widths, and irregularly shaped lots of different zonings. He stated his preference for the grid system to provide a more cohesive neighborhood, to keep drivers more disciplined and to make the lots more consistent. He forwarded his recommendation that the applicant replace the curvilinear street system with straight streets and intersections with 90 degree turns. Mr. Chris Budeski responded that streams and drainage swales put constraints on the layout since they wanted to minimize the number of streets crossing them, and alignment with streets and roads in adjoining developments also influenced the design. He did, however, express a willingness to work with staff on suggested street modifications. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Itwas moved by Commissioner Youngman, seconded by Commissioner Hietala, that the preliminary plat for Laurel Glen Subdivision, Phases 1 through 4, as requested by Allied Engineering for the Hinesley Family Limited Partnership; Sidney and Ethel M. Dykstra; Pedro J. and Olga M. Adrian; and Alan L. and Rhonda Rose Drecksler under Application No. P-02012, to subdivide 156.96 acres described as Lots 1, 2 and 3, Minor Subdivision No. 201, into 83 single-family residential lots; 179 multi-family lots; 8 residential condominium lots; and 2 neighborhood commercial lots, with a variance from Section 16.18.050.D.7. of the Bozeman Municipal Code to allow development of Phase 1 with a Level of Service less than "C" at the intersection of aderial and collector streets, be approved subject to the following conditions: 1. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. 05-20-2002 -10- The master plan must depict the maximum-sized retention basin location and show location of, and provide easements for, adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each tot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted, No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to initiation of construction. Ditch relocation: The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the proposed relocation and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. The applicant shall obtain written permission from the ditch owner for any proposed relocation. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. Project phasing shall be clearly defined, including installation of infrastructure. 05-20-2002 -11 - 10. 11. 12. 13. 14. 15. 16. 17. Prior to the filing of the final plat for Phase 2, 3 or 4, whichever occurs first, Durston Road, from North 19th Avenue west to approximately Fowler Lane (extended) shall be improved to a minor arterial standard. The need for improvements to Durston Road, from Fowler Lane (extended) to the west boundary of the Laurel Glen Subdivision, will be reviewed through traffic studies for future phases of Laurel Glen Subdivision, and/or as other developments occur west of Fowler Lane. Pursuant to Section 16.18.050.D.7.d.3. of the Bozeman Area Subdivision Regulations, all arterial and collector streets and movements on intersection approach legs designated as arterial or collector shall operate at a minimum Level of Service "C", unless a variance is granted by the City Commission. The applicant shall provide plans, acceptable to the Director of Public Service and the Montana Department of Transportation that will bring the level of service of the Cottonwood Road/Huffine Lane intersection up to a minimum Level of Service "C". The level of service with the mitigating measures in place will be certified by the applicant's engineer to the city. No construction shall begin until such time as the plans for these upgrades are approved. The final plat for Phase I may be approved if the signalization improvements at the intersection of Cottonwood Road and Huffine Lane are financially guaranteed in the amount of 150 percent of the estimated cost of the entire improvements and installed within nine (9) months of the decision of the governing body, being February 20, 2003. Building permits to proceed with construction on individual lots may be issued if all remaining subdivision improvements, exclusive of said signalization improvements, are installed and accepted by the City. However, building permits will no longer be processed and/or issued after nine (9) months of the decision of the governing body, being February 20, 2003, until such time that said signalization improvements are installed, in place and operational. Temporary cul-de-sacs shall be installed on the east end of Glenwood Drive and Annie Street, and on both ends of Oak Street. The Traffic Impact Analysis discussed the future need for some type of traffic control, possibly a roundabout, at the intersection of Laurel Parkway and Durston Road. If a roundabout is to be utilized at this location, sufficient right-of-way shall be dedicated with the final plat for Phase 1. Prior to commencement of Phase 3, sewer flow monitoring shall be performed to determine if the relief sewer main (N2) needs to be constructed. If it is determined that it is needed at that time, it shall be constructed and accepted prior to issuance of building permits for that phase. That prior to submitting for final plat review and approval for any phase(s) of the major subdivision, the applicant will have formally executed the Annexation Agreement and annexed said lands to the corporate limits of the City of Bozeman. That the applicant completes the contingencies and terms of approval for the zone map amendment to establish municipal zoning designations on said property and that the Zoning Ordinance be formally adopted by the City Commission, prior to submitting for final plat review and approval of any phase(s) of said major subdivision. That water rights, or cash in lieu thereof, shall be provided or paid for prior to final plat review and approval. If the final plat of the subdivision is filed in phases, water rights, or cash in lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash in lieu of water rights based on an amount determined by the Director of Public Service. 05-20-2002 -12- 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. That the sanitary sewer lift station will be located on a "common" lot owned by the property owners' association, and that it be noted accordingly in Declaration of Protective Covenants, for review and approval by the Planning Office. Traffic calming devices and/or street design improvements, subject to review and approval by the City Engineer, shall be installed at the intersections of Laurel Parkway with Annie Street and Glenellen Drive, and at said points that the Baxter Creek trail corridor crosses Glenwood Drive, Annie Street and Glenellen Drive. Pedestrian crosswalk pavement markings and signs shall be installed on Durston Road and West Oak Street at the intersection with all interior local subdivision streets and at the intersections of Laurel Parkway with Annie Street and Glenellen Drive. That a one (1)foot wide "No Access" strip be delineated and noted accordingly on the final plat for all lots fronting or backing onto Durston Road and West Oak Street, prior to obtaining final plat approval. That the developer submits a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Lands and the Recreation and Parks Advisory Board. Details of plantings, species, topography, irrigation system and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. A 20-foot wide public access easement along the Aajker Creek tributary shall be executed for the open space area in Phase 1, if said area is not dedicated parkland; and a public parkland easement for the public park in Phase 3 shall be executed with the first phase of the subdivision to be filed. Subsequent parkland dedications to the general public will be filed with each applicable phase of the subdivision that includes any or all of the dedicated parkland(s). Improvements shall be installed within all dedicated parklands according to the implementation plan and schedule approved by the Superintendent of Facilities and Lands and the Recreation and Parks Advisory Board. That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective covenants for the homeowners' association. That the by-laws and protective covenants of the homeowners' association include language that defines the front and rear yards of each individual corner subdivision lot as those yards that coincide with the orientation of all yards established by the interior subdivision lots of each block, and that the determination of all required yards shall be further reviewed and approved by the Planning Office during the processing of applications for building permits for each individual residential dwelling. That all corner subdivision lots for single-family detached dwelling units shall maintain a minimum lot width of not less than five (5) to ten (10) feet wider than the width of all interior subdivision lots located within each prescribed subdivision block. That all areas for the collection of stormwater runoff shall be described as "Common Open Space" owned and maintained by the homeowners' association, and noted accordingly in the by-laws and protective covenants, for review and approval by the Planning Office prior to final plat approval. That all subdivision lots located at the end of cul-de-sac streets shall maintain a minimum lot width of not less than sixty (60) feet at the front yard setback, or the minimum lot width prescribed by the applicable zoning district. 05-20-2002 -13- 28. 29. 30. 31. 32. 33. 34. 35. 36. That the declaration of protective covenants and restrictions note a twenty-five (25) foot yard setback is required for all lots adjoining the arterial streets, Durston Road and West Oak Street, and that no accessory structures are permitted in said yard setback. Per Section 16.14.130 "Watercourse Setbacks" of the City of Bozeman Interim Subdivision Regulations, the final plat shall establish minimum thirty-five (35) foot stream setbacks, or larger, from all three waterways existing within said subdivision, and that it be noted accordingly on the final plat and within the declaration of protective covenants and restrictions prior to final plat approval. That the final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 16.32"Certificates" of the City of Bozeman Interim Subdivision Regulations and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats, including provisions for all appropriate certificates and language and certification from the City Engineer that as-built drawings for public improvements were received and accompanied by all appropriate documents, including a Platting Certificate. Four mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the final plat on a double-sided, high density 3½-inch floppy disk, and five (5) paper prints. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805 A.R.M. That applicant submit with the final plat application, for review and approval by the Planning Office, protective covenants, restrictions and articles of incorporation for each phase of the preliminary plat as being party to the homeowners' association of Laurel Glen Subdivision, which shall be recorded and filed at the Gallatin County Clerk and Recorder's Office with the final plat for each phase. That prior to proceeding with any significant ground disturbance or installation of municipal infrastructure and/or streets, the applicant shall provide the Planning Office with a Cultural Resource Inventory determining if any unknown or unrecorded cultural resources exist on the site in question and, if such sites do exist, whether or not they will be impacted by the development of said lands. That the final plat contains the minimum twenty (20) foot wide utility easements on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all local utility agencies and the Director of Public Service agree in writing that utilities can be installed in the twelve (12) foot wide and ten (10) foot wide utility easements along the front and rear of the residential lots or other proposed easements, and that utility easements along the side property lines are not necessary. That the final plat submitted for review and approval by the Planning Office shall contain the following language, that is readily visible with bold lettering at a minimum width of 1/4-inch, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: "Due to relatively high groundwater table within the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction." Prior to filing the final plat for each phase, the applicant shall verify all street names with the Gallatin County GIS Department, County Road and Bridge Department, and City Engineer's Office to avoid duplication of street and road names countywide. 05-20-2002 -14- 37. 38. 39. 40. 41. 42. Prior to filing of the final plat for each phase of the subdivision the applicant must provide written documentation of having entered into a signed Memorandum of Understanding with the County Weed Control District and City of Bozeman Parks Depadment verifying the implementation of a noxious weed management and revegetation plan and for erosion control along all waterway channels for two (2) consecutive growing seasons after implementation of any stream enhancement activity. The applicant shall obtain approval from the City Engineer's Office for the location of all mailboxes within public right-of-way prior to proceeding with installation. No stormwater runoff swales and/or ditches shall be allowed in required yard setbacks unless installed underground in properly designed piping that is reviewed and approved by the City Engineer's Office and Planning Office prior to final plat approval. Street lighting shall be incorporated into the subdivision by one of the following: a) applicant shall install adequate street lighting throughout the subdivision. Lighting shall be maintained by means of the homeowners' association through protective covenants; or b) applicant shall participate in a street lighting district. Street lighting will provide the necessary lighting in accordance with applicable national safety standards consistent with the preservation of dark skies. All subdivision lighting provided shall conform to Section 18.50.035 of the Bozeman Zoning Ordinance. Details and specifications (cut sheets), including bulb type and size and locations, shall be provided with the final plat and be subject to review and approval by the Planning and Engineering Departments. In addition to current city standards, all outdoor lighting, residential, commercial or otherwise, shall be free of glare and shall be fully shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully shielded lights. Covenants of the development shall reflect these restrictions. For purposes of this paragraph, the following definitions shall apply: a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert; b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces; c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness; and d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. The subdivider shall ensure that all construction material and other debris is removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. That the applicant revise the subdivision design in Phase I by extending Shadow Glen Drive eastward to connect with Laurel Parkway and also eliminate the Gail Court cul-de-sac, prior to final plat review and approval. 05-20-2002 -15- 43. That where applicable, the subdivision design for all streets and street rights-of-way that are presently designed with a curved turning movement be revised to provide public streets and rights-of-way at 90 degrees to one another. 44. If the final plat for any phase of the subdivision is to be filed prior to installation, certification and acceptance of all required improvements by the City of Bozeman, the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval, and the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the estimated cost of the remaining improvements. 45. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for Phases I through 4. 46. That the applicant submits with the application for final plat review and approval of Laurel Glen Subdivision a written narrative stating how each of the conditions of preliminary plat approval have been satisfactorily addressed. 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. Break - 9:44 to 9:53 p.m. Mayor Kirchhoff declared a break from 9:44 p.m. to 9:53 p.m., in accordance with Commission policy. Public hearing - Zone Map Amendment - establish municipal zoning designations of PLI, R-3, R-2, R-O, R-S and B-1 on 117.8_+ acres located in the Walker Property Subdivision PUD, contingent upon annexation (northeast corner of US Highway 10 and Springhill Road) (Z-02052) This was the time and place set for the public hearing on the Zone Map Amendment requested by the City of Bozeman under Application No. Z-02052, to establish municipal zoning designations of "PLI", Public Lands and Institutions, "R-3", Residential-Medium-density, "R-2", Residential--Single-family, Medium-density, "R-O", Residential-Office, "R-S", Residential-Suburban, and "B-I" Neighborhood Commercial, on 117.8+ acres located in the Walker Property Subdivision Planned Unit Development, contingent upon annexation. The subject property is located at the northeast corner of Old US Highway 10/ Frontage Road and Springhill Road. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Susan Kozub. He identified the lots within the Walker Property Subdivision to be included in the various zoning designations as follows: (1) "PLI" -- Lot 1, Block 1; (2) "R-3" - Lots 2A, 3 and 4, Block 1; (3) "R-2" -- Lots 5, 6, 7, 8 and 9, Block 1; (4)"R-O" -- Lots 1, 2A and 3, Block 2, and Lots 1, 2 and 3, Block 5; (5) "R-S"-- Lot 10, Block 1, and all common open space; and (6) "B-I" -- Lot lA, Block 3, Lots 1A1, 2A and 3A, Block 4, and Lot lA, Block 6. He stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. The Planning Director explained that there will be multiple applications for annexation as individual property owners want to come in and stated that the purpose of this hearing is to pre-approve the zoning designations, for a period of up to two years, thus avoiding multiple zoning hearings in conjunction with the multiple annexation hearings. He noted that having the zoning in place should provide an incentive for property owners to come in within the two years since that will eliminate a step and an expense. He pointed out that the zoning for each annexation requires a separate ordinance. He indicated that these requested zonings are the same as those originally approved by the City under the City/County Planning jurisdiction; 05-20-2002 16- and this zone map amendment would simply allow for reimplementing those municipal zoning designations upon annexation. Planning Director Epple stated that the existing zoning designations will remain as these properties are brought into the City, with the exception of "AS" (Agricultural Suburban) which will be changed to "R-S". He also noted that a parcel of land purchased by Fish, Wildlife and Parks for a fishing access is in the floodplain; and if and when that comes into the City, the proposed designation is" PLI" since it is owned by a public entity. Responding to Commissioner Brown, City Manager Johnson stated this property is in the solvent site, although not currently in an area where there is pollution. At Mayor Kirchhoff's request, Planning Director Epple addressed statements in a letter from Gillilan Associates, Inc. which was included in the packet. He responded that as long as the City adheres to its floodplain regulations program, it would assume no increased liability by annexing these properties. He pointed out that all zoning designations are subject to floodplain development regulations and stream corridor setbacks; therefore, any future development in the floodplain would have to be in accordance with FEMA approved regulations. He stated that he believes anything already in the floodplain received county issued floodplain permits, and that homesites have been located outside the floodplain as currently designated by FEMA. He concluded by stating that staff considered the issues raised in the letter and determined that they did not need to be addressed at this stage. Ms. Kirsten Emborg, representing Sherwood, spoke in support of the proposed "R-3" zoning on the three lots to be developed as River Glen. She indicated an application for annexation is forthcoming so those units can be connected to City services. Mr. Jeff Kack, 6529 Jackson Creek Road, questioned whether fire, police, garbage and other city services are available immediately upon annexation or whether a certain percentage of properties need to be annexed first. Planning Director Epple confirmed that those services would be available to annexed properties. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Zone Map Amendment requested bythe Cityof Bozeman under Application No. Z-02052, to establish municipal zoning designations of"PLl", Public Lands and Institutions, "R-3", Residential-Medium-density, "R-2", Residential-- Single-family, Medium-density, "R-O", Residential-Office, "R-S", Residential-Suburban, and "B-I" Neighborhood Commercial, on 117.8+ acres located in the Walker Property Subdivision Planned Unit Development be approved contingent upon annexation and the applicant providing an accurate legal description; and that staff be directed to bring back an ordinance amending the Bozeman Zone Map to initially classify the land as such, subject to the following conditions: That the individual ordinances of this Zone Map Amendment shall not be adopted until individual resolutions of annexation are adopted by the City Commission. If an annexation is not approved, the provisional zoning designation shall be null and void. Annexation applications for properties located within the Walker Property Subdivision that are received and deemed complete by the Planning Office by May 20, 2004 shall be included in this zone map amendment. Annexation applications received after May 20, 2004 or annexation applications that request a different zoning designation from those listed within this application shall require a separate zone map amendment including the appropriate fee. 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. 05-20-2002 -17- Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Memo from Planning Director Epple dated May 15 forwarding the criteria and requirements for granting of both zoning and subdivision variances. (2) Letter from GalaVan dated May 9, forwarding statistical information and inviting the Commissioners to take a ride in their newest 16~passenger bus. (3) Letter from the Missouri Headwaters Preservation Trust dated May 15, requesting an opportunity to address the Commission regarding the ~'AE Fraternity/Story Mansion. (4) Letter from Ronald B. Kaiser, dated May 13, expressing opposition to the proposal of constructing a bridge across Nash Spring Creek bordering Sundance Springs. (5) Letter from Thomas L. Clinton, on behalf of Sundance Springs Property Owners Association and Potter Clinton Development, dated May 13, stating opposition to the proposed bridge across the creek at the park. (6) Copy of an e-mail announcing the free household hazardous waste collection event scheduled for Saturday, June 1, at the Gallatin County Fairgrounds. (7) Memo from Brian Close forwarding suggestions for the transit task force. (8) Memo from Bob Murray, Project Engineer, dated May 1 recapping an April 26 meeting with Peter and Lynn Rugheimer regarding their concerns with the proposed expansion at the Lyman Creek Reservoir. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 21, at the Willson School. (10) Agenda for the Development Review Committee meeting to be held on Tuesday, May 21, at 10:00 a.m. at the Alfred M. Stiff Professional Building. (11 ) Agenda for the Cemetery Advisory Board meeting to be held at 1:00 p.m. on Tuesday, May 21, in the Commission Room and minutes from the meeting held on February 19. (12) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board meeting to be held at 7:30 p.m. on Tuesday, May 21, in the Commission Room. (13) Agenda for the Montana Transportation Commission meeting to be held at 8:00 a.m. on Thursday, May 30 at the Transportation Building in Helena. (14) City Manager Johnson distributed copies of the City Manager's Budget Recommendation for Fiscal Year 2002-2003 to the City Commissioners. (15) Planning Director Epple submitted the following. (1) Stated that a land use facilitated meeting held last Thursday night concerning the Ice Pond Road project went very well. (2) Noted that he had been in Coeur D'Alene, Idaho, over the weekend and had a chance to see a roundabout in a new subdivision there. He reported that it appeared to work well and created an interesting feature in the neighborhood. (3) Provided a crib sheet on variances in a plastic sleeve for reference at upcoming meetings. (4) Announced that an agreement had been reached between the Brambletts and the Bartons on the garage issue. (16) Commissioner Youngman submitted the following. (1) Stated she had received a Fannie Mae fellowship to Harvard and will be absent from all Commission meetings in June. (2) Noted that the InterNeighborhood Council meets at 7:00 p.m. on the second Wednesday of the month at the Lehrkind Mansion. Commissioner Brown agreed to represent the Commission at the June 12 meeting. 05-20-2002 -18- (17) Commissioner Brown stated that he had attended a meeting of the GalaVan Board at which Brian Close, its chairman, talked about ideas for the task force on public transit. He noted that there is a conference on June 26-27 at Big Sky, sponsored by the Western Transportation Institute, at which Federal Transportation Administration and MDOT officials will discuss options and provide expertise on transit systems. (18) Mayor Kirchhoff stated that he will be absent from the afternoon sessions of the June 10 and June 24 meetings due to his summer teaching schedule, and that Commissioner Cetraro would serve as Mayor Pro Tempore. He also suggested cancelling the July 1 meeting to accommodate those who might have plans for the July 4 week; the Commissioners concurred. Adjournment - 10:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: CT~ROLYN/~,. WILMOI'qT Deputy Clerk of the Commission 05-20-2002