HomeMy WebLinkAbout2002-02-25 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 25, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, February 25, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee H ietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City
Attorney Paul Luwe and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Minutes - January 18, 2000, and January 14, january 22, February 8 and February 19, 2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of February 8, 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 January .
14, January 22 and February 19, 2002 to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3512 - authorize City Mana.qer to si.qn - Change Order
Nos. 2 through 11 for SlD No. 669 (downtown streetscape improvements) and
fire lines - Concrete Specialties of Montana, Inc., Bel_Qrade, Montana - add a
total of $$6,753.65 and 3 calendar days
COMMISSION RESOLUTION NO. 3512
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CONCRETE
SPECIALTIES OF MONTANA, INC., BELGRADE, MONTANA.
Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor
Kirchhoff; those voting No, none.
Ordinance No. 1558 - establishinq initial municipal zoninq designations of"R-2" and "R-3A" on 18.7
acres located along the north side of West Babcock Street, east of its intersection with Valley Drive
Included in the Commissioners' packets was a copy of Ordinance No. 1558, as approved by the City
Attorney, entitled:
02-25-2002
ORDINANCE NO. 1558
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL
ZONING DESIGNATION OF "R-2" (RESIDENTIAL SINGLE-FAMILY, MEDIUM DENSITY
DISTRICT) AND "R-3A" (RESIDENTIAL TWO-FAMILY, MEDIUM DENSITY DISTRICT)
ON 18.7 ACRES SITUATED IN THE SOUTH HALF, NORTHWEST QUARTER OF
SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN
MONTANA, AND LOCATED NORTH OF WEST BABCOCK STREET AND EAST OF
VALLEY DRIVE.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No.
1558, establishing initial zoning designations of "R-2", Residential--Single-family, Medium-density, and
"R-3A", Residential--Two-family, Medium-density, on 18.7 acres located along the north side of West
Babcock Street, east of Valley Ddve, be provisionally adopted and that it be brought back in two weeks for
final adoption. The motion carded by the following Aye and No vote: those voting Aye being Commissioner
Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those
voting No, none.
Ordinance No. 1559 - amendinq Section 15.01.010, providinq for adoption of current editions of
various model buildinq technical codes by administrative order
Included in the Commissioners' packets was a copy of Ordinance No. 1559, as approved by the City
Attorney, entitled:
ORDINANCE NO. 1559
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING
SECTION 15.01.0101 PROVIDING FOR THE ADOPTION OF THE CURRENT EDITIONS
OF THE VARIOUS MODEL BUILDING TECHNICAL CODES BY ADMINISTRATIVE
ORDER OF THE CITY MANAGER, AND PROVIDING A PENALTY FOR VIOLATIONS.
Responding to Commissioner Brown, City Attorney Luwe indicated that the City received notification
from the State regarding adoption of the model technical codes approximately five weeks ago. He then
noted that the codes may be adopted by ordinance or by administrative order of the City Manager, and the
administrative order process is the easier and quicker method.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Ordinance
No. 1559, providing for adoption of current editions of various model building technical codes by
administrative order, 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 Cetraro,
Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting
No, none.
Work session - continued budqet presentation
City Manager Johnson posted the goals for the upcoming year as identified by staff. ,As he posted
the goals, he provided information on each issue, as follows:
Continue current level operations. The City Manager cautioned that, in some instances, the
result may be a decrease in service level, citing streets and parks as examples.
As available, efforts to preserve East Willson School. This project is now reaching a more
critical point and the next step in moving forward is to contribute $10,000 toward a study to determine if the
building can be architecturally preserved while functioning as City Hall. He indicated that someone who has
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done historic restoration needs to do this study, because identifying the actual costs of such a project is
difficult.
Commissioner Brown noted that the requirement for additional office space needs to be carefully
considered, particularly since more space is needed in City Hall but not all of the space in the Professional
Building is needed. He suggested that consideration be given to the possibility of not selling the current
library building after the new building is constructed. Another alternative might be the Armory, since it is his
understanding this large building with fiber optic connections, might be given to a public entity for $1.
The City Manager recognized that, from the standpoint of money spent for usable space, the East
Willson School is not a good deal; but from an historic preservation standpoint, it could be. He then
reviewed the other existing City building and the Armory and concluded by suggesting that, if the
Commission feels it is important for the City to retain its presence in the downtown, one alternative might
be to move City Hall to the old library building temporarily and to construct a new building on this location.
Commitment to build and maintain neighborhood councils. VISTA volunteers were to be used
for this; however, the City was unable to obtain any this year. As a result, the neighborhood councils are
operating on their own. Last year, $2,000 was budgeted to pay for copies for the neighborhood councils,
and an additional $1,000 was budgeted for neighborhood projects. The City Manager noted that if a full-time
neighborhood coordinator is to be funded, the estimated cost is $55,000. He stated that in the final budget
meeting last year, a proposed half-time person in the Clerk's office was converted to a half-time grants
person. That position has not yet been filled, however, and staffing of this new coordinator position could
possibly occur prior to July 1 through those vacancy savings.
Additional financial support to parks. The City Manager noted that the Commission has
earmarked $75,000 for a matching grant fund for development of parks in each of the last several years,
and suggested that amount be increased to $150,000 this year, particularly since the Commission has
already committed $75,000 toward Rose Park and disc golf. He indicated the other issue is whether more
staff should be added for the parks.
Water conservation. Commissioner Youngman noted that the committee has met and identified
changes to the recommendations in the consultant's report; however, the consultant has not yet submitted
a revised document. She suggested that the Commissioners reserve their comments on this item until the
report has been submitted.
City Manager Johnson noted that some of the recommendations in the draft report have budgetary
implications. Those implications include creation of a loan program for people wishing to make
improvements that result in water conservation and hiring a person to ensure that, upon sale, properties
are brought into compliance with possible new regulations that require bringing properties into compliance
with water conservation requirements. ·
Public safety. The City Manager identified several large financial considerations, including the
costs of constructing a third fire station and the on-going staffing and equipping of that station. In addition,
he anticipates a request to increase staffing to provide for four-person companies on every shift.
Revenue enhancement. The Commission included a half-time grantwriter in the current year, but
that position has not yet been filled. The City Manager noted research has revealed that successful
grantwriters are expensive employees, often receiving a guaranteed base salary plus a percentage of the
new monies generated.
Responding to Commissioner Brown, the City Manager stated some grants allow for no
administrative costs while others may allow for ten to fifteen percent.
Commitment to public health. The City Manager noted this item pertains to solid waste, including
siting and construction of a transfer station, continued operation of the landfill through closure of the current
cell, and continued solid waste collection services. He noted that the Commission's responses to these
issues will determine when the City becomes part of the County's solid waste district and recommended that
the City continue its solid waste collection services whether it becomes part of the district or not.
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Maintain quality Infrastructure and working environment. This item includes possible purchase
of property for a new city shop complex. The City Manager noted that the City currently has an opportunity
to purchase the 160 acres owned by Tom Lane, between Baxter Lane and West Oak Street, west of North
19th Avenue, for $4.8 million, He suggested that, by using 80 acres of that site, the City could construct
a new shop complex with active playing fields and Parkland buffering it from any possible future residential
development. He indicated that the County might purchase the other half of the site, which would meet Mr.
Lane's desire to keep this parcel in one piece and not developed. He stated that, if the City were to
purchase only half of the site, the cost would be approximately $2.5 million; and that could mean increases
in the rates for each of the enterprise funds.
Responding to Commissioner Brown, the City Manager stated that the City needs twenty acres for
the shop complex and noted that if the City purchases one-half of the 160-acre parcel, the site could be
surrounded by parks.
Administrative Services Director Gamradt stated that an appraisal of the current shop complex site
revealed the best alternative for the site would be to raze the structures and sell it as "R-3" zoned property;
two years ago the net value was estimated at $600,000 to $700,000.
As a result of discussion, the Commissioners added the following items:
Public art. Mayor Kirchhoff stated he envisions an on-going program funded through grants that
provides a place for displaying art to the public. He noted that this is a great way to enhance what would
otherwise be an ordinary experience and energize the community.
Commissioner Youngman noted that the Beautification Advisory Board had previously discussed
the idea of poudng sculpture slabs in parks for artists to display sculpture on a temporary basis. She
suggested that, if the City were able to obtain grant monies and the neighborhood coordinator had some
flexible time, this could be a good activity to undertake.
Mayor Kirchhoff stated that he is aware of grant monies with a May application deadline and
indicated a willingness to write that application.
Additional personnel. City Manager Johnson responded to several questions about areas where
additional personnel are most needed.
Trail maintenance. Commissioner Youngman requested that this item be added, noting that, since
most interested groups have already adopted trail segments and the Gallatin Valley Land Trust has
indicated its intent to concentrate more on trail development than on trail maintenance, the City needs to
step up its commitment to trail maintenance.
Annual allocation in CIP for bike lanes. Mayor Youngman suggested that a modest amount be
included in the annual capital improvement program for the improvements necessary to implement a
practical network for the commuting bicyclists.
City Manager Johnson noted that this type of program works well, citing the park improvements that
have been made in recent years through the matching funds.
Connectivity corridors. Commissioner Hietala noted that in Moscow, Idaho, they have created
corridors connecting various segments of the community including medical services, the downtown and the
university. He suggested that a similar effort could be undertaken in Bozeman, noting that adding
streetscape improvements along North 7th Avenue to make it look like Main Street could be a step in the
process. He also proposed designation of South 4th Avenue as a bike lane and utility easement, thus
eliminating other possible bike lane needs in residential areas.
After additional discussion of these items, in which the Commissioners identified interest in the
various goals, they established the following list of'top priorities:
Continue current level operations
Revenue enhancement (grantwriter)
02-25-2002
Commitment to build and maintain neighborhood councils
East Willson School determination study
Additional financial support for parks, including staffing
City Manager Johnson stated he will use this information in developing his budget recommendations,
cautioning the Commissioners it is possible that only the top one or two priorities can be funded.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Letter from Gillilan Associates; inc., dated February 19, inviting Commissioners to attend a
presentation on floodplain regulations in Missoula County at 2:00 p.m. on February 28 at the Library.
(2) Letter from Philip Howard Gary, 1207' Souih .Black AvenUe, dated February 14, forwarding
a complaint log on the large black dog at 121'9 South Tracy Avenue
(3) Letter from the Gallatin Development Corporation Small Business Development Center,
dated February 14, forwarding statistical data on how contributions to the program were leveraged in 2001.
(4) Letter from the Montana Department of Environmental Quality, dated February 19,
forwarding proposed amendments to the Montana Water Quali(y Act administrative penalty rules.
(5) COpy of a letter frOm the Gallatin Canyon Consolidated Rural Fire District to the 9-1-1
Administrative Board, dated February 11, expressing concerns and frustration with the constant problems
they are encountering with consistency and coverage of the paging system.
(6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February
26, at the Senior Center.
(7) Agenda forthe County Planning Board meeting to be held at 6:00 p.m. on Tuesday, February
26, in the Commission Room.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, February 26, at the Professional Building. ~
(9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, February
26, at the Professional Building.
(10) City Manager Johnson asked the Commission to consider cancelling the April 1 meeting,
since the entire senior staff will be attending a University of Virginia leadership program; the Commissioners
concurred.
(11) Mayor Kirchhoff distributed copies of an e-mail message he had received from Lee Meyer
regarding software to assist in developing and approving bioterrorism plans.
(12) Mayor Kirchhoff noted that CoUnty Commissioner Bill Murdock has approached him about
a joint City and County Commission meeting on a neutral site, with no agenda or staff persons. After
discussion, the Commissioners indicated a willingness to attend such a meeting, and suggested that it be
a breakfast meeting, scheduled to begin at 7:30 a.m, preferably on a wednesday;
(13) Mayor Kirchhoff stated he has turned down the County Commission's recommendation of
Mark Evans as the County appointee on the City Planning Board, and 'is now awaiting another
recommendation. However, the City Attorney and County Attorney have now become involved, which may
result in a lengthy process before the next recommendation is forwarded. Three of the Commissioners
identified a variety of conflicts of interest that would be encountered by Mark Evans because of his
employment as the Executive Director of the Southwest Montana Building Industry Association, the
professional organization to which a vast majority of developers and builders belong. As a result of
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discussion, the Commissioners agreed that someone representing the building interests that does not have
such significant conflicts could be given favorable consideration.
Recess - 5:35 p.m.
Mayor Kirchhoff recessed the meeting at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of
conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled
public hearings.
Continued public hearinc~ - Major Site Plan and Certificate of Armropriateness to allow construction
of a 7,500-square-foot building to be used*as warehouse for buildinq materials and a mechanic
shop on Lots 1-6, Block 1, Rouse's Addition, with deviations from Sections 18.50.110.B.1. and
18.50.110.B.5., Bozeman Municipal Code, to allow backinq into public riqht-of-way and to reduce
the aisle width frOm 26 to 21 feet - Simkins Properties, L.L.C., for 609 East Mendenhall Street
(Z-01235)
This was the time and place set for the continued public hearing on the Major Site Plan and
Certificate of Appropriateness, as requested by Simkins Properties, L.L.C., under Application No. Z-01235,
to allow construction of a 7,500-square-foot building to be used as a warehouse for building materials and
a mechanic shop on Lots 1 through 6, Block 1, Rouse's Addition, with deviations from Sections
18.50.110.B.1. and 18.50.110.B.5. of the Bozeman Municipal Code, to allow backing into a public right-of-
way and to reduce the aisle width from 26 feet to 21 feet. The subject property is located at 609 East
Mendenhall Street.
Mayor Kirchhoff reopened the continued public hearing.
Urban Designer Don Grund presented the staff report. He stated that under this application, an
existing residence is to be demolished and a 7,500-square-foot building is to be constructed for use as a
warehouse for building materials and a mechanic shop. The existing 3,000-square-foot office building is
to remain on the subject property, which is located at the northeast corner of the intersection of North
Wallace Avenue and East Mendenhall Street: He then reviewed the surrounding zoning designations and
development, which include a mix of industrial and commercial zoning designations, and the uses, which
include a mix of industrial, commercial and residential.
The Urban Designer reviewed the requested deviation to allow backing into the public right-of-way
and to reduce the aisle width from 26 feet to 21 feet. He indicated that the parking lot on the site is to be
for employees only and the width of the alley triggers the requirement for reduction in aisle width. He
stressed that this site is not typically visited by customers; rather, it is a storage area and the site at which
their vehicle maintenance is to occur.
Urban Designer Grund stated that staff has reviewed this application in light of the applicable criteria,
and their comprehensive findings are contained in the written staff report. He briefly summarized the staff
findings and forwarded recommendations for approval from staff and the Design Review Board, subject to
several conditions. He then noted that three letters have been received concerning this proposal, voicing
concerns about the lack of a residential component, taking out a residential unit, and increasing the
industrial/commercial components in this mixed use area. He noted that other concerns pertaining to the
lack of boulevard trees and the proposal to remove one mature spruce tree have been resolved through
the submittal of a revised plan.
Responding to Commissioner Hietala, the Urban Designer stated that the building and landscaping
will provide some noise reduction and will. help get rid of the cluttered look of the existing outdoor storage
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area. He also noted that, with the new site design, truCks will be able to move through the site rather than
backing into or out of it.
Mr. Dick Prugh, Prugh and Lenon Architects, enumerated three advantages this project has for the
local neighborhood: (1) eight off-street employee parking spaces, (2) on-site parking for semi trucks that
currently park on the street and (3) indoor storage rather than the current outdoor storage.
Mr. George Kittrell, 541 East Mendenhall Street, spoke in opposition to the application, stating that
noise will bounce off the wall of the building and into his house. He noted that noise from the beeping of the
forklifts and the trucks idling while they wait for the business to open make it difficult to enjoy his back yard.
He stated that, with the maintenance shop to be located at this site, the noise .and smell of trucks idling and
the noise of air wrenches will further impact the neighborhood. He indicated that their new location on North
Broadway Avenue is large enough to accommodate the proposed new building and suggested that it be
located there rather than on this site, where it can so dramatically impact the nearby residences.
Mr. Dan Guggenheim, 418 NOrth Wallace Avenue, voiced concerns about the local traffic
infrastructure, noting this is the second major expansion of a truck dependent industry in this neighborhood
in the past year and a'half.
Ms. Oshi Simsarian, 710 East Fridley Street, stated her main concern is the traffic issue, particularly
since people will be traveling through the residential area between the two business sites with the proposed
expansion at this location. She noted that she shops at Simkins Hallin on a regular basis, and it is not
uncommon to be directed from the Broadway location to the Wallace location for materials.
Ms. Bear McKay stated she lives atthe corner of North Wallace Avenue and East Davis Street. She
noted that she drives through the alley to get or]to East' Lamme Street every morning, and vehicles are often
parked along that street to pick up materials. Also, she has almost been hit by fast moving forklifts. Her
other concerns about this proposed new facility revolve around noise, particularly back-up beepers at night.
She encouraged the Commissioners to consider the retail and office development occurring along East Main
Street and stated that large industrial facilities in this neighborhood are not an appropriate use any longer.
She concluded by encouraging the Commission to protect the neighborhood from the huge semi trucks and
the noise that will result from approval of this application.
Mrs. Jeanne Wesley-Wiese, 707 North Wallace Avenue, stated she also owns the property at 307
North Wallace Avenue. She noted that twelve years ago, she encountered problems on North Wallace
Avenue due to large trucks being parked in the street. Because of the impacts they were having on this
area, Simkins-Hallin was encouraged to move onto North Broadway Avenue. She is concerned about their
proposal to now expand back to the North Wallace Avenue property, particularly since it is an isolated M-1
zoned parcel with no buffering between it and the adjacent residential uses. She concluded by asking the
Commission to protect the neighborhood from industrial noise and traffic.
Mr. Don Bachman, 3910 Sourdough Road, stated he previously lived at ~109 North Broadway
Avenue and is familiar with the pressures and concerns of the neighborhood. He noted that moving the
Simkins-Hallin store to North Broadway Avenue alleviated the problems from the trucks, and their business
blended well with the neighborhood. He stated he does not believe businesses should extend their
operations into the public right-of-way by having trucks park in the street, and concluded by encouraging
the Commission to support the neighborhood by not approving this application.
Mr. Jon Gerster, 719 North Wallace Avenue, stated that he likes having a lumberyard in the
neighborhood, but it is important to deal with the adverse impacts created. He voiced concern that the
recently adopted noise ordinance does not protect residences in the M-1 zone from noise, particularly the
annoying noise of back-up beepers that can become intolerable. He stated the buildings on this sliver of
M-1 zoned property adjacent to residentially zoned property will not mask the noise from back-up beepers,
forklifts and trucks running 24 hours a day. He read into the record the mission statement for this portion
of the community, noting he has approached thirty businesses with a total of 190 employees who have all
indicated support for it. He then recognized that Simkins-Hallin needs the ability to expand; however, he
suggested that they do it in their own area.
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Mr. Rich'ard Smith, 2916 South Third Avenue, noted that the M-1 zon!ng designation has been on
this subject property for many years; and many.of the people now complaining purchased their homes close
to this site knowing of the existing business. He stated that under this application, it appears the site will
be more organized and cleaned up. He noted that this is a locally grown business that is trying to stay
downtown and be vital.
Mr. Christopher Nixon, 719 North Wallace Avenue, stated that the neighborhood is not against
development, noting they have a history of supporting' good projects. He does not believe that the current
use of this property or its expansion is appropriate; noting that this use would not be allowed under today's
standards. He voiced concern that the diesel vehicles used on this site generate a bigger problem with the
fumes they expel. He noted that this project includes the removal of a residence close to the downtown,
where the City is encouraging infill development. He suggested that this Property be rezoned, possibly for
townhouses, noting that would be a more appropriate use.for the area. He concluded by stating that, while
he supports development in the heart of the community, he cannot support this requested expansion.
Mr. Tom Simkins, applicant, indicated this is truly a local' business that has been. in Bozeman since
1950. He stated they are trying to expand and remain in Bozeman, noting that it will result in getting the
semi trucks off the street and allow.his staff to' work on the company trucks inside a building instead of
outside. This application will also allow employees to park on-site instead of on the street. He stated that
their business closes at 5:00 p.m. or 6:00 p.m., so the back-up beepers are not coming from their site. He
noted that the building will also allow fo.r storage of materials inside instead of the helter skelter look that
results from outside storage. He concluded by reviewing the benefits of approving this application and by
noting his local business has over 100 employees, and he wants'to keep them in Bozeman.
Responding to Commissioner Youngman, Mr. Simkins stated that the new mechanic shop will be
designed to accommodate the large boom trucks that are too tall for the shop. He acknowledged that trucks
sometimes arrive before they open in the morning, but they will stay at this location whether the
improvements are made or not.
Responding to Mayor Kirchhoff, Mr. Simkins indicated that having the vehicles inside with the doors
closed will reduce the noise impacts on the area.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Each of the Commissioners voiced concurrence with the staff report and indicated support for this
application, particularly in light of the improvements it will provide.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Major Site
Plan and Certificate of Appropriateness, as requested by Simkins Properties, L L.C., under Application No.
Z-01235, to allow construction of a 7,500-square-foot building to be used as a warehouse for building
materials and a mechanic shop on Lots 1 through 6, Block 1, Rouse's Addition, with deviations from
Sections 18.50.110.B.1. and .18.50.1 i0.B.5, of the Bozeman Municipal Code, to allow backing into a public
right-of-way and to reduce the aisle width from 26 feet to 21 feet, be approved subject to the following
conditions:
Any cracked or broken portions of sidewalk along North Wallace Avenue and East
Mendenhall Street frontages shall be replaced. Handicap ramps shall be added at
the intersection if they do not already' exist.
Should signage be proposed, the applicant shall provide a comprehensive signage
plan for said project depicting location, general style, limitations of graphic design,
dimensions, materials, color and method(s) of illumination, for review and approval
by the Planning Office pdor to final site plan approval.
That the applicant provide on the site plan and exterior elevations the location of all
roof-top and/or ground-mounted mechanical and utility equipment, including ground-
mounted mechanical power and telephone boxes, as well as a typical detail(s)
illustrating the materials, color and method of screening used to screen the
equipment from adjacent properties and public streets, for review and approval by
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the Planning Office prior to issuance'of a Certificate of Appropriateness and final site
plan approval.
That the applicant obtain a building permit within one (1) year of receiving a
Certificate of Appropriateness and major site plan review approval and prior to
proceeding with construction of the project.
Any lighting, including that for security purposes, used to' illuminate an off-street
parking area, sign or other structure, shall be arranged so as to deflect light down
and/or away from any adjoining properties and shall not detract from driver visibility
on adjacent streets. Luminaires and lenses shall not protrude below the edge of the
light fixture.
Landscape plans shall be prepared and certified by a registered Montana landscape
architect, an individual with a degree in landscape design and two years of
professional design experience, or an individual with a degree in a related field and
at least five years of professional design experience.
No fence, wall or planting in excess of thirty inches above the street centedine grade
shall be permitted in street sight triangles.
Single-stem canopy trees may be pe~'mitted in street sight triangles provided that the
mature trees do not significantly affect safe driving conditions and are maintained
such that no canopy foliage exists below a height of ten feet above centerline of
streets.
All boulevard trees must have effective weed control taken within the four foot tree
grate area, appropriate black weed paper installed, and wood chips placed to grate
height. All tree grates must meet ADA guidelines and be approved by the Planning
Office pdor to final site plan approval.
Permanent irrigation systems shall be proVided to all landscaped areas.-Details and
specifications shall be noted on final landscape plans.
The applicant must submit seven (7)'copies of the final site plan within six months
of preliminary approval containing all of the conditions, corrections and modifications
to be reviewed and approved by the Planning Department.
A building permit must be obtained prior to the work and must be obtained within one
year of final site plan approval. Building permits will not be issued until the final site
plan is approved. Minor site surface preparation and normal maintenance shall be
allowed pdor to submittal and approval of the final site plan, including excavation
and footing preparation, but NO CONCRETE MAY. BE POURED UNTIL A
BUILDING PERMIT IS OBTAINED.
The applicant shall enter into an .Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. If occupancy of the structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be secured by
a method of secudty equal to one and one-half times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security shall
be valid for a Period of not less than twelve (12) months; however, all on-site
improvements shall be completed' by the. applicant within nine (9) months of
occupancy to avoid default on the method of security.
The final site plan shall be adequately dimensioned.
A S{ormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, ! irease and other pollutants must be provided
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27.
to and approved by the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), stOrm water detention/retention basin
details (including basin sizing and discharge calculations and discharge structure
details), stormwater discharge destination and a stormwater maintenance plan.
A stormwatereasement must be established on the adjacent property and filed with
the County Clerk and Recor'der's Office for the retention pond and discharge course
if located off the subject' property.
Plans and specifications for any fire service line must be prepared in accordance
with the City's Fire Service Line Policy by a Professional Engineer (PE) and be
provided to and approved by'the City Engineer pdor to initiation of construction of
the fire service or fire protection system. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification and preparation of mylar record drawings.
Sewer and water services shall be shown on the final site plan and be approved by
the Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
The location of existing water and sewer mains shall be properly depicted, as well
as nearby fire hydrants.
The ddve approach shall be constructed in accordance with the City's standard
approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such
on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior
to final site plan approval.
Typical curb details (i.e., raised and/or drOp curbs) and typical asphalt paving
section detail shall be provided to and approved by the City Engineer. Concrete
curbing shall be provided around the entire' new parking lot perimeter and
adequately identified on the final site plan.
Adequate snow storage area must be designated outside the sight triangles, but on
the subject property (unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and Recorder's office).
Detail ·shall be provided on the final site .plan identifying the design of any wall-
mounted lights. All lighting 'shall be arranged so as to deflect light down and/or away
from any adjoining, properties and shall not detract from driver visibility on adjacent
streets. Luminaires and lenses shall not protrude below the edge of the light fixture
per Section 18.50.035.1.
Per SeCtion 18.50.110. B. 14 "Snow Removal Storage Areas", snow removal storage
areas shall be placed in such a manner as to avoid damage to landscaping. No
snow storage shall be depicted on top of trees and shrubs.
The landscaping provided shall be in accordance with the performance standards
Outlined in Section 18.49.070 and the landscape plan shall be prepared and certified
by a registered Montana landscape architect, an individual with a degree in
landscape design and 2 years of professional design experience, or an individual
with a degree in a related field and at least 5 years of professional design
experience per Section 18.49.040.C.3, "Preparation of Landscape Plan".
The location for and a detail of a bike rack shall be shown on the final site plan per
Section 18.50.035.R.
Per Section 18.50.035. D, trash enclosures shall be constructed so that contents are
not visible from a height of five feet above grade from any abutting street or
02-25-2002
property. Details and specifications shall be shown on final site plan. For the City of
Bozeman garbage collection service, the trash enclosure location and size shall be
approved by the City Sanitation Division prior to final site plan approval. For private
garbage collection service, a copy of the proposed final site plan showing the
enclosure location and size shall be submitted to the private company for their
review and approval. A copy of the proposed final site plan which has been
approved and signed by a representative of the Private company shall be submitted
with the final site plan application.
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.
Public hearinq - Major Site Plan with Certificate of Appropriateness to allow construction of 94,980-
square-foot building with 18,884~square-foot outdoor .qarden center and two retail/restaurant
satellite lots, on Lot 2, COS No. 2089 with deviation from Section 18.34.060 to allow the main peaked
entrance to exceed the maximum buildinq heiaht by 8 feet - Home Depot USA for Cape-France, Inc.
(west side of North 19th Avenue, south of Baxter Lane) (Z-02011)
This was the time and place set for the public hearing on the Major Site Plan with Certificate of
Appropriateness' requested by Home Depot USA for Cape-France, Inc., Under Application No. Z-02011, to
allow construction of a 94,980-square-foot building with an 18,884-square-foot outdoor garden center and
two retail/restaurant satellite lots on Lot 2, COS No. 2089, with a deviation from Section 18.34.060 of the
Bozeman Municipal Code to allow the main peaked entrance to exceed the maximum building height by 8
feet. The subject property is located along.the west side of North 19th Avenue between Tschache Lane
extended and Baxter Lane.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Kadn Caroline presented the staff report. She stated that, in addition to
construction of a 94,980-square-foot building with an 18,884,square-foot outdoOr garden center, two satellite
lots for retail or restaurant' uses are to be created, one to the north and one to the east of the new building.
The applicant is also seeking a deviation to allow the peaked entrance to exceed the 40-foot maximum
building height by 8 feet, or a 20-percent deviation.
The Assistant .Planner stated that staff has reviewed this application in light of the applicable criteria
set forth in the zone code, and staffs comprehensive findings are contained in the written staff report. She
briefly summarized those findings and forwarded staffs recommendation for approval, subject to seventy
conditions. She then highlighted some of the conditions as recommended by the Design Review Board,
including redesign of the southeast corner of the building, making the peaked roofs a more integral part of
the overall design of the building, and adding pedestrian amenities to the site. She stated that the applicant
has indicated acceptance of those design changes.
Responding to Commissioner Brown, the Assistant Planner stated that the zone code provides for
a 35~foot setback from streams, with the first five feet to be in natural vegetation. Under this application
Home Depot proposes ten feet of natural vegetation, with amenities for customers and employees within
the 35-foot setback, but no paving or structures within the setback.
Mr. Dave Guetig,.Home Depot Site Development Coordinator, stated his concurrence with the staff
report. He introduced the development team members in attendance, including Susan Swimley, Dave
Kautz, Lowell Springer and Bill White. He then stated that they have been working closely with the Montana
Department of Transportation and have a draft Memorandum of Understanding for the design and
installation of two traffic signals and road improvements.
Ms. Susan Swimley, attomey representing the applicant, stated that they agree with 69 of the 70
recommended conditions. She forwarded their disagreement with Condition No. 36 as recommended,
characterizing it as being vague and not identifying what is desired from the impact study. She asked that
02-25-2002
12-
attention be focused on this Home Depot application, stressing they are not WalMart and don't want to go
down the same path.
Ms. Swimley stated the first Home Depot store was opened in 1979, and.they now have 1,600 stores
and have never had a closure. She stated that Home Depot has done.a market analysis, taking into
consideration the expected next competitor in line; and they believe the two large stores can co-exist and
provide good, healthy competition. She noted that growth in Gallatin County exceeds that in most of the
state, with the construction industry.being one of the fastest growing segments of the economy. She
stressed that there is a significant difference between contractor's prices and shelf prices, and Home Depot
will fill the niche for the "weekend warrior" who is interested in the "do it yourself" projects. In addition, this
business will bring 150 jobs, 60 percent of which are to be full-time, to the community. Wages for those
positions will be based on comparable wages in the community plus ten to fifteen percent, and benefits will
include disability insurance, health insurance, sick leave, vacation, holiday pay, stock purchase program,
401K retirement program and a tuition reimbursement program.
Ms. Swimley stated that, in addition to $795,225 in fees, Home Depotwill pay an estimated $166,405
in property taxes, based on 2001 taxes. The applicant will also provide community enhancements, including
pedestrian trails and sidewalks, and has reached an agreement in principle with a local affordable housing
developer.
Mr. Dab Dabney, Farmhouse Partners, announced that he has reached an agreement in principle
with Home Depot under which the applicant will contribute $100,000 to an existing project operated by
Farmhouse Partners. These monies will allow him to repay the $50,000 loan from the Community Affordable
Housing Advisory .Board, thus saving interest costs. The remaining $50,000 is to be used to subsidize the
rents for four to eight units, allowing him to rent to tenants at as Iow as 40 percent of area median income,
a market he is unable to reach without this kind of assistance. He concluded by indicating his excitement
at this prospect and noting that this arrangement speaks volumes about the kind of neighbor they will be.
Ms. Ashley Brandt, 526 West Cameron Bridge Road, asked that big box "category killers" be
required to evaluate community !mpacts. She noted that large retail stores eliminate small businesses, thus
reducing tax revenues and damaging the community's identity. She noted that many other communities
have dealt with big box issues, in an effort to create a level playing field and maintain their character.
Ms. Kerry Petitt, 2375 Whitetail Road, stated a community is defined by the character of its people
and how they treat their neighbors. She recognized that, while a community is not defined by retail
businesses or their architecture, it would be great if businesses and homes were designed in an
aesthetically pleasing manner. She stressed that Bozeman is not immune to change; rather, it is important
to accept change and manage it fairly and wisely. She noted that, as a fourth generation Montanan, she
grew up in small towns with populations of 500 or less and little opportunity for work: She voiced her
support for the free market economy, which gives residents a right to choose where they wish to work, live
and shop. She concluded by encouraging approval of this application.
Mr. Matt McKennan, 2910 Donna Avenue, stated he firmly believes Home Depot will be a huge
benefit to the community with its new jobs and new tax revenues. He encouraged the Commission to
expeditiously approve this application. He noted that it will give people the opportunity to purchase products
at a more competitive price without going outside city limits. He concluded by encouraging the
Commissioners to lay aside their own personal agendas and to consider the entire community.
Mr. Greg Metzger, representing the Bozeman Area Chamber of Commerce, stated the Chamber
endorses the right of Home Depot to operate in Bozeman as a basic tenant of the free enterprise system.
He noted one of the issues of concern is the vagueness of Condition No. 36, stating the Chamber cannot
endorse that condition as proposed. He concluded by noting that competition results in better business and
better service.
Mr. Chris Ogle, 825 South Willson Avenue, stated he works in a lumber yard and, while many days
are busy, there are days when "one could shoot a cannon through the place." He noted that, while they
would like to have a much larger store than they currently have, the market does not exist to support it.
02-25-2002
13-
Mrs. Leo Keller, 849 St. Andrews Drive; noted they built a new house this year and made five trips
to Billings for accessories. She encouraged Commission approval of this application so she could shop
locally for that house as well as the five other properties they own.
Mr. Richard Smith, 2916 South Third AvenUe, reminded the Commission that North 19th Avenue
was constructed with taxpayer monies to improve infrastructure and encourage businesses to locate in a
specific area. He noted that anchor tenants, such as Home Depot, Lowe's and Costco, are needed to
attract other businesses and clients to this cOrridor; and eliminating the anchor tenant decreases the viability
of other development. He cautioned that if this type of development is driven outside city limits or to another
community, the city will lose potential tax dollars and the burden on residents will be increased.
Mr. John VVatkins, 177 Lucille Lane, stated locally owned businesses depend on anchor stores and
encouraged approval of this application.
Mr. Scott Olson, 22 Jefferson Court, stated the biggest winner in competition is the consumer, and
there are over 60,000 in the area. He noted that if businesses sell at lower prices, his real income goes up.
'Mr. George Morales, 343 Lower Rainbow Road, stated that Bozeman is no longer a small
community. He stated that approval of Home Depot will be of more advantage to the public than to
contractors and encouraged Commission support:
Mr. Mike Bowen, 424 Ryan Ddve, stated he is impressed with what Home Depot is willing to bring
to the community. He noted that the local lumber yards will find their way to compete and cautioned that
those.most impacted will be the local businesses in other communities, such as Three Forks.
Mr. Ken. Green, 54 Medin Drive, voiced his opposition to this application, noting he has been a
traveling salesman working with small businesses for over ten years. He cautioned that the local business
owners are making a decent living but not getting rich, and allowing this large business to come in could
dramatically impact them. He concluded by 'noting that the monies from local businesses stay in the
community, but Home Depot's will not.
Mr. Bdan Gertiser, 1010 East Olive Street, noted that this country's free market economy has
worked for 225 years and, while he hates to see change, he wants the choice that Home Depot offers. He
stated that Home Depot will serve as an anchor to bdng in customers who currently go to Billings, and that
will help to enhance the local economy. He noted that commercial property uses only 40 percent of the tax
monies they generate, thus providing the City with additional untagged revenues. He concluded by voicing
his strong desire to support the downtown but recognized that the Community extends beyond downtown.
Mr. Dave Kraft, 8670 Fowler Road, stated he prefers to spend his monies in Bozeman but will go
to other communities when necessary to get the products he needs. He 'noted that he does not feel
approving Home Depot will be detrimental to the community.
Mr. Don Bachman, 3910 Sourdough Road, stated that, while he agrees with the Philosophy of small
towns and home-owned businesses, he can see the benefits of approving this application. He noted that
Simkins-Hallin and Kenyon Noble will survive even if big business comes in. He then reminded the
Commission that a substantial portion of the North 19th Avenue project was funded with federal monies as
another transportation cordd.or to the community. He noted that attached to that corddor was the realization
that the vacant land would be developed. He concluded by recognizing that Condition No. 36 should
probably be revisited.
Mr. Scott Miller, 2611 Lilly Drive, stated he has been working on his new home for two years and
has found it hard to get what he needs locally. He does not believe the downtown will be affected by
allowing Home Depot to build here. He concluded by stating it is time to allow large retail stores to construct
in Bozeman, providing a better selection of products and generating additional tax revenues.
Mr. Joe Hamner, 11 i Michael Grove Avenue, voiced his support for this application. He noted that
he sold building supplies in this valley and elsewhere for over 24 years, and he found Home Depot to be
a good competitor that treats its employees very well. He stated that Home Depot will have their niche and
02-25-2002
he local businesses will have their niche, and all shOuld survive. 'He concluded by enc.ouraging
Commission approval of this application.
Mr. Rod Wilkerson, 114 North Yellowstone Avenue,.encouraged'Commission approval of this
application, stating he agrees with comments from the. previous, speakers.
Mr. Larry Bowman, 2614 Spring Creek Drive, voiced concern that local businesses cannot compete
with Home Depot because of volume buying. He noted that, initially, their prices will probably be lower than
those in local businesses; but as soon as they flush out the local competition, Prices will go up. He
encouraged the Commissioners to recognize this impact will extend beyond the lumber yards to a variety
of other businesses, including carpeting stores and .landscape businesses.. He asked the Commissioners
to not approve this application and to ~refully consider the economic impacts this will have.
Mr. Paul Landsgaard, 1411 Bohart Lanel stated his support for this application. He noted that a
local hardware store in California has actually seen an increase in business since Home Depot and Lowe's
have moved into close proximity.
Mr. Christopher Nixon, 719 North Wallace Avenue, noted that Home Depot is the first large store
to come forward .with an offer to address the affordable housing issue.' He suggested that small local
businesses may need to find a different way to compete, but noted that they can do so successfully. He
questioned what type of trees are to be planted on the site, encouraging that the landscaping be more like
that at Costco than that at Target.
Mr. Frank Palazzi, 3115 Fieldstone, noted that Home Depot offers a good selection and encouraged
apprOval of this application. He voiced his. support for competition, noting that everyone wins and the
community is better for it.
Ms. ~susan Swimley stated that planning staff has given the applicant specific instructions on the
type of species allowed for landscaping in various areas. She then suggested that Condition No. 36 could
be revised to require a contribution to affordable housing, stressing that the applicant does not want to do
an impact study because it is too intangible. She concluded by noting that prOfits go back to the employees
in the form of wages and benefits.
Mr. Dave Guetig reiterated the applicant's agreement with 69 of the 70 conditions recommended.
Mayor Kirchhoff noted that a few months ago, WalMart was given approval for its expansion, with
a Condition No. 44 that looks much like Condition No. 36 for this application. That condition is unmet as of
this date, and it is bothersome to have unfinished business. He voiced his appreciation for the good faith
effort this applicant has made; however, he stated that to say it satisfies the condition would be to short
circuit what the City is doing With WalMart.
Break - 9:05 to 9:18 pm.
'Mayor Kirchhoff declared a break from 9:05 p.m. to 9:18 p.m., in accordance with Commission
policy.
Public hearin(~ (continued) - Major Site plan with Certificate. of. Appropriateness to allow
construction of 94,980-square-foot buildin.q with 18,884-square-foot outdoor aarden center and two
retail/restaurant satellite lots, on Lot 2, COS No. 2089 With deviation from Section 18.34.060 to allow
the main peaked entrance to exceed the maximum buildinq hei.qht by 8 feet - Home Depot USA for
Cape-France, Inc'. {west side of North 19th Avenue, south of Baxter Lane) {Z-02011)
Mayor Kirchhoff announced that, dudng the break, he talked to representatives of Home Depot but
was unable to reach any type of agreement regarding Condition No. 36. As a result, he noted the
Commission can apprOve the application either with the conditions recommended by staff or as amended.
02-25-2002
-15-
Commissioner Cetraro stated he has problems with Condition No. 36, because it is vague and
leaves a lot of question marks. He suggested that theimpacts from this home improvement store and its
competitor will be positive, noting that competition is a.good thing. He suggested that, in lieu of Condition
No. 36, a level playing field be provided for existing businesses by creating a 70,000-square-foot cap with
an expansion capability based on the growth rate in the area. He voiced concern about the impacts that
230,000 square feet of home improvement businesses could have on the community, and those could be
mitigated with his proposal;
Commissioner Youngman voiced her appreciation for Home Depot's concrete offer, characterizing
it as a start. She proposed that Condition No. 36 be left in as recommended, possibly with an additional
clause stating that it could be eliminated through a negotiated mitigation package. She recognized that an
economic impact study costs time and money, noting that a negotiated agreement would be more consistent
with their desired timetable.
Commissioner Brown stated that during review of the recommended conditions he, too, had
problems with Condition No. 36. He voiced his appreciation for Home Depot's concrete proposal for
mitigating some of the detrimental effects, noting affordable housing is probably the one he is most
interested in. He stated that Condition No. 36 is hard to define and an impact study is a slow process, with
the final product being no more useful than the data provided and that is sometimes hard to interpret. He
concluded by stating he feels it is appropriate to move forward with this project with the mitigation presented.
Commissioner Hietala stated he is for the free enterprise system and also for opportunities for small
businesses. He suggested the applicant should be given the option of accepting approval with Condition
No. 36 or accepting a cap of 70,000. or 75,000 square feet with an expansion credit at a rate that
approximates the growth of the industry, which would probably be between 15 and 20 percent. He stated
this option would result in either a study that defines the impacts or a smaller store that would have less
impact on local businesses initially.
City Attorney Luwe cautioned that conditions are to be imposed on a major site plan approval as
determined to protect the health, safety and welfare of the community, not because they have been imposed
on previous applications.
Mr. Dave Kautz, Home DePot real estate, stated that downsizing the building is not an option, noting
they have already decreased the standard size of 115,000 square feet with a 25,000-square-foot nursery
down to 94,000 square feet plus an 18,000-square-foot nursery. He then asked that the Commission make
a decision tonight, indicating a willingness to work with the City in an effort to define the perceived impacts
and mitigations.
Commissioner Youngman suggested that Condition No. 36 be revised to add "... economic impact
study ... approved by the Commission unless agreement can be reached between Home Depot and the
Commission on a suitable mitigation plan." She voiced appreciation for what she views as a "low ball but
solid good faith offer," noting this is the type of effort she is looking for.
Mr. Kautz responded that he feels they have brought a lot to the table, including traffic mitigation,
wages and benefits, and a concrete proposal to address the affordable housing issue. He indicated a
willingness to listen if the Commission wants to expand the mitigation, but he does want the process to drag
out.
Commissioner Brown voiced his support for Commissioner Youngman's proposal.
Commissioner Cetraro stated he continues to be concerned with the vagueness of Condition No.
36, even with Commissioner Youngman's proposed addition, and reiterated his interest in seeing an initial
size cap because it is more concrete.
Mr. Kautz reiterated his willingness to negotiate the mitigation plan tonight, noting that Home Depot
has been in business since 1979 and has had no closures.
02-25-2002
Break - 9:56 to 10:17 p.m.
Mayor Kirchhoff declared a break from 9:56 p.m'. to 10:17 p.m., in accordance with Commission
policy, to allow the applicant to negotiate a possible mitigation plan with staff.
Public hearing (continued) - Major Site Plan with Certificate of Appropriateness to allow
construction of 94,980-square-foot buildin.q with 18,884-square-foot outdoor.qarden center and two
retail/restaurant satellite lots, on Lot 2, COS No. 2089 with deviation from Section 18.34.060 to allow
the main peaked entranceto exceed the maximum buildin.q height by 8 feet - Home Depot USA for
Cape-France, Inc. (west side of North 19th Avenue, south of Baxter Lane)' (Z-02011)
City Manager-Johnson forwarded the,suggestion that, at the time of opening, Home Depot will
continue its commitment for $100,000 for' affordable housing. In addition, $400,000 will be placed in an
escrow account to be used for mitigation of economic impacts identified in the economic impact study, paid
for by the applicant and done by a consultant agreed on byboth the City and Home Depot. If the mitigations
are less than $400,000, the balance will be returned to Home Depot. The $400,000 cOntribution to cover
impacts is to be paid over a two-year period, at $200,000 per year.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
' Commissioner Youngman characterized this as an innovative approach that she is willing to support.
She noted that the study will hopefully provide much of the data that the Commission is looking for as it
considers applications for large retail operations. .. '
Mayor Kirchhoff stated he is encouraged by what Home Depot has done but, while he appreciates
their offer, he cannot support this application.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Major Site Plan
with Certificate of Appropriateness requested by Home Depot USA for Cape-France, Inc., under Application
No. Z-02011, to allow construction of a 94,980-square-foot building with an 18,884-square'foot outdoor
garden center and two retail/restaurant satellite lots on Lot 2, COS No. 2089, with a deviation from Section
18..34.060 of the Bozeman Municipal Code to allow'the main peaked entrance to exceed the maximum
building height by 8 feet, be approved subject to the following conditions:
1. No building or parking shall be constructed closer than twenty-five feet (25') from
any-public street fronting property lines. The south elevation of the building and
parking ar. ea encroaches into the required 25-foot setback and shall be relocated
and/or redesigned to accommodate this PUD requirement.
2. All rooftop-mounted equipment including, but not limited to, HVAC units, Vents and
miscellaneous pene.trations, must'be integrated into the overall roof design.
Applicant shall provide three (3) line-Of-sight cross-sections showing that no
exposed mechanical equipment is visible from a point six feet (6') above finished
grade of the site or from North 19th Avenue along the property line from a distance
of 500 feet.
3. All rooftop and/or extedor mechanical equipment must be screened from view and
must be shown on the final site plan. All equipment and locations are sUbject to
review and approval, of the Administrative Design Review staff. Applicant shall
submit a rooftop plan noting the propOsed locations of the mechanical'equipment in
relationship to the parapet walls.
· 4. Applicant shall provide pedest'rian benches along the east elevation under the
covered pedestrian walkway', in key locations for the use of employees and
customers. Details of and locations for the pedestrian benches shall be shown on
the final site plan.
02-25-2002
-17-
10.
11.
12.
13.
14.
15.
16.
17.
Prior to installation, the parking lot curbing near the northwest area shall be staked
and inspected by the City Engineering Department and Planning Department to
check for compliance with Section 18.50.060.C (Water Course Setback).
Applicant shall eliminate or redesign .the configuration of six (6) parking spaces near
the northeast entrance to offer better circulation for both vehicles and pedestrians
through the parking area.
The proposed concrete pedestrian pathways shall be of a different'color and texture
than that of.the rest of the parking area. The proposed stamp pattern for the
pathways will be subject to review and approval by the Planning Department prior
to final site plan approval; Final Site plan shall note, in detail, pattern and color
proposed.
Applicant shall provide a pedestrian Pathway, minimum 6 feet wide, of textured and
colored concrete from the employee parking area to the rear of the building at an
employee entrance area. Final :site plan shall show details and location of pathway.
The StoneRidge Subdivision Planned Unit 'Development requires each lot
development to have a minimum of 30 percent of the area within the property lines,
exclusive of required setbacks and rights-of-way, devoted to landscaped materials.
The 50-foot greenway corridor along North 19th Avenue may count towards the
required open space.
Per the PUD requirements, any parking area that abuts the pedestrian trails and
associated Waterway and Pedestrian Trail (W&PT) Zone shall be screened on the
side that faces the stream. Such screening shall consist of landscaping or berming
not less than thirty inches (30") in height above the surface of the parking area. Final
landscape plan shall show proposed screening.
Within the W&PT Zone, the applicant shall install the following: a minimum of three
(3) decidUous trees and a minimum of two (2) coniferous trees per 100 feet of trail
length. Final landscape plan shall show this requirement.
Applicant shall install.a silt fence along the west and northwest boundaries to protect
the dparian habitat. The silt fence shall be inspected and repaired after each storm
event and sediment removed when necessary. Applicant shall monitor this area daily
during construction to ensure that no construction debds enters the area. Any
construction debds shall be removed immediately and discarded properly.
Applicant shall meander the trail along the creek corridor to appear more natural in
form, rather than linear along the parking lot boundary. Details shall be shown on the
final site plan.
Applicant shall install landscaping near and around the proposed community
detention pond #2 to lend a more natural effect rather than man-made. Details shall
be shown on the final landscape plans.
Within the open space area towards the western boundary, the applicant shall
provide pedestrian amenities, such as picnic tables, benches or other amenities,
within a courtyard-like setting for the enjoyment of emPloyees and customers.
Details and location shall be shown on the final site plan.
Applicant shall install trees along the north side of Tschache Lane in the boulevard
area as required by Section 18.49.050 (Street Frontage Landscaping). Proper
locations shall be shown on the final landscape plans.
Within the 50-foot greenway corridor, applicant shall install proposed canopy trees
within 2~ feet of the meandering trail, offering shade to p6destrianS and trail users.
02-25-2002
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Applicant is encouraged to install plantings on both sides of the asphalt trail, rather
than solely On one side. Final' landscape plans shall show new locations for the
canopy trees..
The 'applicant shall provide, a detailed, cross-section 'of the proposed 50-foot
greenway corridor along North'19th Avenue, extending from-edge of asphalt to
parking lot curbing. The cross-sectiOn shall illustrate the location of proposed
landscaping, swale area, asphalt trail, etc. It is suggested' that the applicant use the
MacKenzie River Pizza site located at 145 Rawhide Ridge as a good exampl'e of a
landscaped swale area.
Applicant shall install more landscaPing along the east side of the asphalt trail along
North 19th Avenue. Per the PUD requirements, planting along North 19th Avenue
shall be mixed rows of conifers, deciduous trees and lawn placed in selected areas
on earthen berms to create a series of mixed groves. Details and locations Shall be
Shown on the final site plan.
Within the landscaping plan, ·the applicant shall provide maturity sizes for all
proposed landscaping as well aa planting heights for all trees, shrubs, etc. Applicant
is encoUraged to contact Natural Resources Conservation·Service (NRCS) and the
Gallatin Local Water Quality District (LVVQD) as good sources for landscaping
materials and/or landscaping information..
To reduce the conflict betWeen placement of proposed landscaping and parking lot
lighting, the final landscape plans shall show the proposed parking lot lighting
locations.
Applicant shall modify ,tree and .Plant Species to be a more hardy variety for those
areas within the parking lot that are reserved for snow storage duringwinter months.
Applicant shall landscape the proposed right-turn in/right-turn out median at the
entrance from North 19th Avenue with river rock or other similar material. If any
landscaping is proposed, r~o landscaping shall exceed thirty inches (30") in height
at matudty in order to safeguard the street vision triangle. Applicant must receive the
approval of Montana Department of Transportation for the landscaping locations.
Details of proposed landscaping shall be shown on the final site plan.
The proposed metal roof shall be non-reflective.
Per the StoneRidge Subdivision PUD development guidelines, long flat facades,
particularly in the horizontal plane, shall not be acceptable. The applicant shall add
Vertical components or elements to the building design, at downspout areas, to
break up the long facade along the west elevation, subject to rev ew and approval
of the Planning Department. ·
(3olor and matedal palette, including 'stone type, split-face cinder masonry unit,
roofing material, etc., shall be submitted to the Planning Department for review and
approval prior to any approval of final site plan or issuance of building permits.
Applicant shall redesign the parking lot lighting layout along, the west and northwest
boundary to reduce the number of light poles and incorporate multiple-head light
fixtures at these locations. · ..
The propoSed lights at0p. the 20-foot security fence around the outdoor garden
center will not be allowed since the lights exceed the maximum height of 20 feet.
ApPlicant is encouraged to in·corporate the lights into the overall design of the
proposed fieldstone veneer, columns within the garden center.
02-25-2002
29.
30.
31.
32.
33.
34.
35.
36.
Any lighting, including that 'for security purposes, used to illuminate an off-street
parking area; sign or other structure, shall be arranged so as to deflect light down
and/or away from any adjoining properties.and shall not detract from driver visibility
on adjacent streets. Luminaires and lenses shall not protrude below the edge of the
light fixture. Final site plan shall show the location for, and a detail of, any proposed
wall-mounted and/or signage lighting.
Lighting standards used to illuminate off-street parking areas shall not exceed twenty
feet or the height of the tallest building on the lot, whichever is lower.
Applicant shall be allowed one monument sign for the development. No other
freestanding signs will be permitted, including those for the two satellite areas.
All detached business identification signs shall be permanent "ground hugger" type
signs and shall not exceed a height of five feet above the underlying finish grade
unless otherwis~ approved in writing by the StoneRidge Design Review Committee
(SRDRC) and shall be subject to review and approval by the Planning Department.
That the applicant shall be allowed one' (1) temporary sign during construction. This
sign shall be a maximum of thirty-two square feet and'shall contain all necessary
and desired information (i.e.; names of developer, real estate agency, contractor,
financial institution, etc.). The applicant shall obtain the necessary sign permit
through the Planning Department.
Proposed signs must follow required sign permitting procedures. Details and
specifications shall' be shown on the final site plan.
Detached business identification signs may be illuminated by continuous and
uniform internal illumination, backlighting or ground lighting. No unprotected lamp
providing sign illumination shall be directly visible when viewed at any angle from a
distance of twenty feet or more. No sign illumination shall cast a glare which will be
viSible from a street or access drive. Any proposed sign lighting shall be shown on
the final site plan and shall be subject to review and approval by the Planning
Department.
Applicant shall provide a comprehensive sign plan for the main bUil'ding and the two
satellite areas. The purpose of the plan is to coordinate graphics and signs with
building design and shall be subject to review and approval by the Planning
Department. The comprehensive signage plan shall be submitted with the final site
plan application.
Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final site
plan approval. The amount of water rights required will be determined by the Director
of Public Service based on the proposed final site plan.
Applicant shall, at the time of opening, contribute $100,000 for affordable housing,
per the offer forwarded by Mr. Dab Dabney. In addition, the applicant shall establish
an escrow account in the name of the City of Bozeman, and shall contribute
$200,000 a year for two years (for a total of $400,000) to be used for mitigation of
impacts identified in the economic impact study. If the mitigation costs less than
$400,000, the balance in'the escrow account shall be returned to the applicant.
The applicant shall agree to an economic impact study, paid for by the applicant and
completed by a consultant upon which both the applicant'and the City have agreed,
including mitigation strategieSfor any negative impacts. Unless otherwise provided,
such information shall include an economic impact study, prepared by qualified
professional(s) that contains, at a minimum:
02-25-2002
37.
38.
39.
40.
41.
a)
C).
e)
a report on groWth and the rate of groWth anticipated for the City and
region, both without the .project and with the project as proposed;
a report which quantifies the impacts such groWth, including groWth
accelerated or attracted bythe proposal, will have in the area;
a report on the associated costs and benefits of such groWth, and
the ability of the City to'acCommodate such groWth;
a report on the additional coSts.0f public services and facilities
caused directly or indirectly by 'the Project, and the impacts on the
ability of the City to provide municipal or governmental services;
a report on the provision of needed and balanced housing
accessible to existing or planned development, both without the
project and with the project as proposed;
a report on plans and strategies for adapting the building for re-use
in the event of closure, including a closure plan describing how the
property will be disposed of, re-used, demolished, made available for
other uses, or otherwise reclaimed;
g)
a report on the impacts of the project's approval on the job market
in Bozeman and Gallatin County, including a comparison of wages
and benefits of existing businesses, and an analysis of the effects
of the project's approval on wages and benefits of existing
businesses; and
a report demonstrating applicant's plan to reduce or eliminate
adverse impacts identified in the analysis including, but not limited
to, any burden on the .ability of the City to provide municipal or
govemmental services.
The applicant shall obtain an access permit from the Montana Department of
Transportation for the access onto North 19th Avenue and shall comply with all
requirements of the permit.
The traffic im. pact analysis submitted for the project shall be approved by City
Engineering and the Montana Department of Transportation. All improvements
needed to provide an adequate level of service for the analyzed intersections must
be installed with the project. Based on the analysis, the signalization of Tschache
Lane and North 19th Avenue is a required off-site improvement for this project.
If the project is not approved for concurrent construction by the City Commission
under Ordinance No. 1532, no building permits shall be issued until all on-site and
off-site public infrastructure improvements are installed and accepted by the City of
Bozeman.
If the project is approved for concurrent constrUction by the City Commission under
Ordinance No. 1532, all conditions of the ordinance shall be met by the applicant.
No building permits will be issued in this case until plans and specifications for all
on-site and off-site infrastructure improvements have been approved for
construction by the appropriate gOverning body. No Occupancy permit shall be
issued until all said improvements have been installed and acCepted.
A traffic control plan which addresses ingress and egress of construction-related
traffic to the site shall be submitted.for review and approval to the City and the
Montana Department of Transportation. This should stipulate access points to be
02-25-2002
-21 -
42.
43.
44.
45.
46.
47.
48.
49.
50.
used and any traffic control signing needed, and should address mitigation for
dragging of matedal (i.e., mud, rocks, etc.) onto existing streets.
Trash enclosures shall be constructed so'that contents are not visible from a height
of five feet above grade from any abutting street or property. Color and materials of
trash enclosures shall blend with that of the proposed buildings. Details and
specifications shall be shown on final site plan.
For the City of Bozeman garbage collection service, the trash enclosure location and
size shall be approved by the City Sanitation Division pdor to final site plan approval.
For pdvate garbage collection service, a copy of the proposed final site plan
showing the enclosure location and size shall be submitted to the pdvate company
for their review and approval. A copy of the proposed final site plan, which has been
approved and signed by a representative of the private company, shall be submitted
with the final site plan application.
All accessible parking spaces shall be designated as reserved for the disabled by
a sign showing the symbol of accessibility at each space. Such signs shall not be
obscured by a vehicle parked in a space. Raised signs shall be located at a distance
no greater than five feet from the front of each accessible space and shall be subject
to review and approval by the Planning Department.
Landscape plans shall be prepared and certified by a registered Montana landscape
architect, an individual with a degree in landscape design and two years of
professional design experience, or an individual with a degree in a related field and
at least five years of professional design experience.
Permanent irrigation systems shall be provided to all landscaped areas. Details and
specifications shall be noted on final landscape plans.
The applicant must submit seven (7) copies of the final site plan within 6 months of
preliminary approval containing all of the conditions, corrections and modifications
to be reviewed and approved by the Planning Department.
The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. If occupancy of the structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be secured by
a method of secudty equal to one and one-half times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security shall
be valid for a pedod of not less than twelve (12) months; however, all on-site
improvements shall be completed by the applicant within nine (9) months of
occupancy to avoid default on the method of security.
The applicant, upon submitting the final site plan for approval by the Planning
Director, will also submit a written narrative outlining how each of the above
conditions of approval have been satisfied or met.
The final site plan shall be adequately dimensioned.
A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease and other pollutants must be provided
to and approved by the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), stormwater detention/retention basin
details (including basin sizing and discharge calculations and discharge structure
details), stormwater discharge destination and a stormwater maintenance plan.
'' 02-25-2002
- 22 -
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
A stormWater'easement must be established on the adjacent property and filed with
the County Clerk and Recorder'sOffice for the retention pond and discharge course
if located off the subject property.
Plans and specifications for any water, sewer and/or storm sewer main extensions,
and public or private streets (including curb~ gutter and sidewalks), prepared by a
prOfessional Engineer (PE), shall be provided to and approved by the City Engineer.
Water and sewer plans shall also be approved by the Montana Department of
Environmental Quality. The applicant shall alSo provide professional engineering
services for construction inspection, post-construction certification and preparation
of mylar record drawings. Specific comments regarding the existing and proposed
infrastructure shall be provided at that time. Construction shall not be initiated on
the public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No building permits 'will be issued prior to City acceptance of the
infrastructure improvements unless the project is approved for concurrent
construction under Ordinance No. 1532 by the City Commission.
Plans and specifications for any fire service line must be prepared in accordance
with the City's Fire Service Line.Policy by a Professional Engineer (PE), and be
provided to and approved by the City Engineer prior to initiation of construction of
the fire service line or fire protection system. The applicant shall also provide
professional engineering services for conStruction inspection, post-construction
certification and preparation of mylar record drawings.
Easements for the water and sewer main extensions shall be a minimum of 30 feet
in width, with the utility located in the center of the easement. In no caSe shall the
utility be less than 10 feet from the edge of the easement.
Sewer and water services shall be shown On the final site plan and be approved by
the Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
The location of existing water and sewer mains shall be properly depicted, as well
as nearby fire hydrants. Proposed main extensions shall be labeled "proposed."
The drive approach shall be constructed in accordance with the City's standard
approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such
on the final site plan. ^ City Curb Cut and Sidewalk Permit shall be obtained prior
to final site plan approval.
City standard sidewalk shall be inStalled and properly depicted at the standard
location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to
the standard alignment or location must be approved by the City Engineer.
Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving
section detail shall be provided to and approved by the City Engineer. Concrete
curbing shall be provided around the entire new parking lot' perimeter and
adequately identified on the final site plan.
The Montana Fish, Wildlife & Parks, Soil Conservation.service (SCS), Montana
Department of Environmental Quality and Army Corps of Engineers shall be
contacted regarding the proposed project; and any required permits (i.e., 310, 404,
turbidity exemption, etc.) Shall be obtained prior to final site plan approval.
All existing utility ahd other easements must be shown on the final site plan.
02-25-2002
- 23 -
61.
62.
63.
Adequate snow storage area must be.designated outside the sight triangles, but on
the subject property (.unless a snow storage easement is obtained for a location off
the property and filed with the. Ceunty .Clerk.and ReCorde¢s office).
Drive approach and public street intersection sight triangles shall be free of
plantings, which at mature growth will obscure vision within the sight triangle.
If construction activities related to the. project result in the disturbance of mOre than
5 acres of natural gro.und, an erosion/sediment control.plan may be required, The
Montana Department of Environmental Quality, Water Quality Bureau (WQB), shall
be contacted by the applicant to determine if a Stormwater Discharge Permit is
necessary. 'If required by the WQB, an erosion/sediment control plan shall be
prepared for disturbed areas of 5. acres or less if the point of discharge is less than
100 feet from state waters.
64.
65.
66.
All existing and proposed water and sanitary sewer infrastructure within the scope
of the project must be cleady depicted and labeled on the final site, landscape,
paving and drainage plan sheets.
Engineered plans and profile design for infrastructure improvements must be
provided to the City for review and approval.
Infrastructure improvements must be installed and accepted by' the City prior to
issuance of building permits unless the project is approved by the City Commission
for concurrent construction under Ordinance No. 1532.
67.
68.
Applicant shall redesign the southeast corner of the building to incorporate a canopy
or architectural element, which will develop a stronger architectural presence.
Applicant shall install street furniture (i.e.,. pedestrian benches) within tl~e 50-foot
greenway corridor at the intersection of the main pedestrian pathway and the asphalt
trail.
69.
Applicant shall increase the depth of the peaked roofs by 15 feet, extending these
peaked architectural elements deeper into the building structure, offering more of a
uniform element in the overall building design.
70.
Applicant shall move the northeast garden center architectural element to the north
end of the pede.strian canopy and integrate this element into the canopy design so
as to not appear as a stand-alone feature.
The motion carried by the following Aye and N° vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro and Commissioner Youngman; those voting No being Mayor
Kirchhoff.
Public hearinq - Major Site Plan with Certificate of Appropriateness to allow construction of four
sin.qle-level office buildinqs on Lots 9,10,11 and 12, StoneRidqe Subdivision PUD, Phase IIA - David
MacDonald (StoneRidge Center, 2002, 201t, 2040 and 2055 North 22nd Avenue) (Z-02001)
This was the time and place set for the public hearing on the Major ·Site Plan with Certificate of
Appropriateness, as requested by David MacDonald under Application No. Z-02001, to allow construction
of four single-level office buildings on Lots 9, 10., 11 and 12, StoneRidge Subdivision Planned Unit
Development, Phase IIA. The subject project is known as the StoneRidge Center, and is to be located at
2002, 2011, 2040 and 2055 North 22nd Avenue.
Mayor Kirchhoff opened the pUblic hearing:
02-25-2002
- 24 -
Assistant Planner Kadn Caroline presented the staff report. She stated the subject site is located
along both sides of North 22nd Avenue, and the applicant proposes to construct four single-level office
buildings on separate lots. Two of the buildings are to be 3,500 square feet each, while the other two
buildings are to be in excess of 7,000 square feet each. She posted the architectural renderings for these
buildings, briefly reviewing those renderings.
The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria
in the zone code, and staff's comprehensive findings are contained in the written staff report. She briefly
highlighted those findings as well as the recommendations forwarded by the Design Review Board, and
concluded by recommending approval of the application subject to the conditions contained in the staff
report except for Condition No. 41, which is to be deleted.
The Assistant Planner stated that two letters have been received regarding this application. Issues
of concern included parking, orientation of the buildings and landscaping. As a result of discussions
between the applicant and the adjacent property owners, the closest property owner has indicated support
for the plan as proposed, with no fence between the landscaped area on this site and the private park area.
Mr. Lowell Springer, architect representing the applicant, stated general agreement with the
conditions as recommended. He noted that the Design Review Board has recommended some design
details with which the applicant agrees. He then posted a revised site plan that showed the buildings flip-
flopped to put the parking behind the buildings, as suggested during review. He recognized that the result
is acceptable, but noted the buildings and landscaping provide more privacy for the residents to the west
than the parking lot does. In addition, it is important to have the parking in front of the building, where one's
destination can be easily identified. He also cautioned that asphalt is very defining and not inviting,
particularly when located adjacent to a park area.
Mr. Dave MacDonald, applicant, stated he is willing to construct this project as approved by the
Commission, noting his preference for site design is not real strong. He stated that he is trying to continue
the theme that has been started in this development so the result is a professional office park appearance,
and this project meets the planned unit development guidelines. He then stated that these condominium
units are designed for small businesses. He indicated that dormers provide a stronger appearance from
North 19th Avenue when the buildings are located toward the back of the lot.
No one was present to speak in opposition to this major site plan.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Mayor Kirchhoff stated he typically supports bringing the building to the street With parking behind.
In this instance, however, he feels it makes sense to put the building at the back of the lot, particularly since
the street is a quasi-private street.
Commissioner Youngman and Commissioner Hietala voiced concurrence with Mayor Kirchhoff's
comments.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Major Site Plan
with Certificate of Appropriateness, as requested by David MacDonald under. Application No. Z-02001, to
allow construction of four single-level office buildings on Lots 9, 10, 11 and 12, StoneRidge Subdivision
Planned Unit Development, Phase IIA, be approved subject to the following conditions:
'2.
No building or parking shall be constructed closer than twenty-five feet (25') from
any public street fronting property lines. Buildings A, B, C and D shall be relocated
and/or redesigned to accommodate this PUD requirement and shown as such on
the final site plan.
No building shall be permitted to be constructed closer to an interior property line
(side yard) than ten feet (10'). Building B shall be relocated to accommodate this
requirement and shown as such on the final site plan.
02-25-2002
- 25 -
o
10.
11.
12.
13.
14.
C'ommercial ddve accesses shall not exceed the maximum width of thirty-five feet
(35'). Applicant shall redesign the ingress/egress for Buildings A and B to
accommodate this requirement.
Applicant shall provide sidewalks from Buildings A and B to the perimeter sidewalks
along North 22nd Avenue.
Prior to issuance of any building permit, the comers of Building A shall be staked
and inspected by the City Engineering Department and Planning Department to
check for compliance with Section 18.50.060.C (Water Course Setback).
Applicant shall provide a joint access agreement for shared parking between Lots
9 and 10 and Lots 11 and 12. The City of Bozeman shall be made party to said joint
access agreement, with final form and content subject to review and approval by the
City Attorney. This agreement shall be included with the final site plan application.
According to PUD guidelines, bicycle parking areas shall be conveniently located to
employee entrances. Applicant shall relocate the bike rack for Buildings C and D to
a more central location accessible to both buildings and not hidden towards the rear
of the property.
Applicant shall be allowed one small monument sign for each building. No other
freestanding signs will be permitted. Details of and locations for the proposed
monument signs shall be shown on the final site plan subject to review and approval
by the Planning Department.
All detached business identification signs shall be permanent "ground hugger" type
signs and shall not exceed a height of five feet above the underlying finish grade
unless otherwise approved in writing by the StoneRidge Design Review Committee
(SRDRC).
Applicant shall provide the approved street lighting along both sides of North 22nd
Avenue beginning at the intersection of North 22nd Avenue and Annie Street and
extending to the intersection of North 22nd Avenue and StoneRidge Drive.
Applicant shall work with the adjoining property owner, Gaee Ellis, to the southwest
of proposed Building B to determine desired landscaping within the 10-foot side yard
setback.
Within the open space between Building A and the existing StoneRidge Executive
Office to the south, the applicant shall provide pedestrian amenities such as picnic
tables, benches or other amenities within a courtyard-like setting. There shall be a
walkway/path leading from Building A and/or the parking area to this area as well.
In addition, the applicant shall provide pedestrian amenities such as picnic tables,
benches or other amenities within a courtyard-like setting to the north of Buildings
C and D for the use and enjoyment of the employees and guests of both buildings.
Applicant shall install more landscaping in clusters or groups along the southwest
elevation of Building C near Annie Street in order to provide landscape buffering.
Within the landscaping plan, the applicant shall provide maturity sizes for all
proposed landscaping.
Applicant shall landscape all earthen berms accordingly: berm alone, three (3) feet
maximum; shrubs only, four (4) feet maximum; or berm and plants, four (4) feet
maximum.
02-25-2002
- 26 -
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Applicant shall install two (2) signs on the north and south sides of North 22nd
Avenue where the pedestrian path intersects the street, which note "Pedestrian/Trail
Crossing," or an approved equal. The applicant shall cOntact the City's Sign
Department t° determine type and placement of said signs.
AlOng the northwest elevation of Building B, additional articulation shall be provided
to break up the long fiat facade and to better integrate with the streetscape. Roof
lines shall be designed in the same manner as the front entrances to continue the
character and design of the building.
The southwest elevation of .Building C, which faces Annie Street, shall be
redesigned to add articulation t° offer a better streetscape appearance. Roof lines
shall be deSigned in the same manner as the front entrances to continue the
character and design of the building.
The northwest elevation of Building C and the north elevation of'Building Dare
extremely long facades broken up only by windows. Since there is an open
space/park directly to the north of this area, the .applicant shall incorporate rear
doors to better access this area and to break up the long fiat; horizontal plane. Roof
lines shall be designed in the same manner as the front entrances to continue the
character and design of the building. :
Color and mater~al palette, including brick type, cultured' stone, DryVit or synthetic
stucco, roofing material, etc., shall be submitted to the Planning Department for
review and approval prior to any approval of final site plan or issuance of building
permits.
Transformers that may be visible from any primary exposure shall be screened with
either plantings or a durable enclosure (configuration acceptable to Montana Power
Company).. Where possible, it is recommended that refuse containers and
transformers be integrated into the same enclosure.
Final site plan shall not show StoneRidge Drive continuing north as already
determined by the applicant.
The location of the water and sanitary sewer service stubs are recorded in the
approximate location.
The tree planted over the water service line for Building A must be relocated. No
trees may be planted over the water or sanitary sewer service line. A ten foot
separation is required whenever possible.
Applicant shall provide a comprehensive sign plan for the four office buildings. The
plan shall include the size and location of buildings and the size and location of the
proposed signs. The purpose of the plan is to coordinate graphics and signs with
building design and shall be subject to review and approval by the Planning
Department. The comprehensive signage plan shall be submitted with the final site
plan application.
All rooftop and/or exterior mechanical equipment must be screened from view and
must be shown on the final site plan. All equipment and locations are subject to
review and approval by the Administrative Design Review staff.
Any lighting, including that for security purposes, used to illuminate an off-street
parking area, sign or other structure shall be arranged so as to deflect light down
and/or away from any adjoining properties and shall not detract from driver visibility
on.adjacent streets. Luminaires and lenses shall not protrude below the edge of the
light fixture. Final site plan shall show the location for, and a detail of, any proposed
wall mounted and/or signage lighting.
02-25-2002
- 27 -
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
The final site plan shall be adequately dimensioned.
A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease and other pollutants must be provided
to and approved by the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), stormwater detention/retention basin
details (including basin sizing and discharge calculations and discharge structure
details), stormwater discharge destination and a stormwater maintenance plan.
A stormwater easement must be established on the adjacent property and filed with
the County Clerk and Recorder's Office for the retention pond and discharge course
if located off the subject property.
Plans and specifications for any fire service line must be prepared in accordance
with the City's Fire Service Line Policy by a Professional Engineer (PE), and be
provided to and approved by the City Engineer prior to initiation of construction of
the fire service line or fire protection system. The applicant shall also provide
professional engineering services, for construction inspection, post-construction
certification and preparation of mylar record drawings.
SeWer and water services shall be shown on the final site plan and be approved by
the Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
The location of existing water and sewer mains shall be properly depicted, as well
as nearby fire hydrants. Proposed main extensions shall be labeled "proposed."
The drive approach shall be constructed in accordance with the City's standard
approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such
on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior
to final site plan approval.
City standard sidewalk shall be installed and properly depicted at the standard
location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to
the standard alignment or location must be approved by the City Engineer.
The proposed sidewalk along the Lot 10 frontage must conneCt to the existing
sidewalk, rather than leaving a small gap as shown.
Typical curb details (i.e., raiSed and/or drop curbs) and typical asphalt paving
section detail shall be provided to and approved by the City Engineer. Concrete
curbing shall be provided around the entire new parking lot perimeter and
adequately identified on the final site plan.
The Montana Fish, Wildlife & Parks, Soil Conservation Service, Montana
Department of Environmental Quality and Army Corps of Engineers shall be
contacted regarding the proposed project and any required permits (i.e., 310, 404,
turbidity exemption, etc.) shall be obtained prior to final site plan approval.
All existing utility and other easements must be shown on the final site plan.
Adequate snow storage area must be designated outside the sight triangles, but on
the subject property (unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and RecordeCs office).
Drive approach and public street intersection sight triangles shall be free of plantings
which at mature growth will obscure vision within the sight triangle.
02-25-2002
- 28 -
39. If construction activities related to the project result in the disturbance of more that
5 acres of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality, Water Quality Bureau (WQB), shall
be contacted by the applicant to determine if a Stormwater Discharge Permit is
necessary. If required by the WQB, an erosion/sediment control plan shall be
prepared for disturbed areas of 5 acres or less if the point of discharge is less than
100 feet from state waters.
40. Applicant shall provide a pedestrian Connection between proposed Building A and
the office complex to the south,
The motion carried by the following Aye and No Vote: those voting Aye being Commissioner Brown,
Commissioner Cetraro, CommissionerYoungman; CommissiOner Hietala and Mayor Kirchhoff; those voting
No, none.
Discussion - FYI Items (continued)
(14) City Attorney Luwe submitted the following, (1) Announced that the Police Department and
his office are preparing a grant application for enforcement of alcohol-related offenses. Since the deadline
for submittal is March 1, staff will seek Commission ratification on next week's agenda. (2) Proposed that,
in light of tonight's public hearings, he prepare a pamphlet, for Commission review and approval, to inform
the public of what is expected and allowed during Public hearings.
(15) Planning Director Epple stated that the first land use facilitated information meeting was held
tonight at 5:30 p.m. at the MethodistChurch, with the topic being the Story Mansion project.
Adjournment - 10:50 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Brown, Commissioner Cetrar-o, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
ST'EVEN R. KIRCI-'IN~FF, Mayor
02-25-2002