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HomeMy WebLinkAbout2002-01-22 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, .MONTANA Tuesday, January 22, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, January 22, 2002, at 6:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, 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, January 30, 2001 and January 12 and January 14, 2002 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, January 30, 2001, and January 12 and January 14, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Approval of final plat to create new Lots I and 2, Block 4, Babcock and Davis Addition - Jackson Minor Subdivision (northwest corner of East Davis Street and North Ida Avenue) (P-0139) Authorize Mayor to si.qn - Findinqs of Fact and Order - preliminary plat of Baxter Meadows, Phase I, Planned Unit Development Subdivision (subdivide 64.66 acres into residential/mixed use lots - part of the SW% and all of the SE'/4 of Section 34, TlS, RSE, and the NE% of Section 3, T2S, RSE, MPM for mixed use development) (portion of phased subdivision bounded by Davis Lane, future Oak Street, Harper Puckett Road and future Deadman's Gulch) (P-0123) Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Request from Dab Dabney, Farmhouse Partners, for letter of endorsement from the City Commission for tax credit application for Brid.qe Apartments Request from Jay Bentley for letter of endorsement from the City Commission for tax credit application for Willow Wood Villaqe Included in the Commissioners' packets was a letter from Dab Dabney, dated January 9, forwarding information on his proposed Bridge Apartments project. Also in the packet was a copy of the letter of support for a tax credit project which the Commission approved in 1998. Also included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated January 15, forwarding information on Willow Wood Village, a proposed senior housing project. 01-22-2002 2- Since these two requests are so similar, the Commissioners chose to consider them together. Mr. Dab Dabney representing Farmhouse Partners, noted he has been before the Commission many times, and the Commission has been supportive of his affordable housing projects. He stated that under this application, a total of 44 units are to be provided in six two-story buildings on a site located approximately 250 yards east of and across the street from the Bozeman Daily Chronicle building. The site currently contains an older log home, several fallen down buildings and construction trash. This project will clean up that debris and improve the neighborhood substantially. Mr. Dabney stated that, of the 44 units, approximately 63 percent are to be leased to people earning less than 50 percent of the area median income, and the remaining 37 percent will be leased to people earning less than 60 percent of the area median income. Renting at these reduced rates is possible only through the tax credit financing program, and Mr. Dabney concluded by requesting a letter of support from the Commission to include with his application, which is due next week. Responding to Commissioner Youngman, Mr. Dabney stated that the market targeted for this project is approximately the same as for the Comstock,Apartments, Phase III; however, the Comstock units are one bedroom and these units will be two and three bedrooms. He then indicated that he is seeking a non-profit partner but not any tax exemptions. Responding to Mayor Kirchhoff, Mr. Dabney stated that the applicants are in competition for a limited number of tax credits through the Montana Board of Housing (MBOH). He then noted that the two projects now before the Commission are targeting different groups, and the best benefit to the community would be for both applications to succeed. He identified some of the benefits of each application, noting that Mr. Bentley's project includes several one-bedroom units and is targeted toward the elderly and disabled, while his project is located close to essential shopping and families. Mr. Lowell Springer, architect representing Mr. Bentley, stated that the proposed Willow Wood Village is located off Baxter Lane, approximately 400 feet west of Thomas Lane. The two-phase project is to include 48 units of housing, with one phase having two-bedroom units and a single garage in a Iow-rise configuration and one phase comprised of two twelve-unit buildings with one-bedroom apartments, elevators and common laundry and meeting areas. This project is targeted toward the elderly and handicapped Iow- income residents. Mr. Jay Bentley, applicant, stated he feels there is room for both his project and Mr. Dabney's project, particularly since it appears there may be excess funds available to the MBOH from previous years. He indicated that he is not submitting his application in the February 1 round; rather, he will submit his in the April 1 round. At this time, he is working to obtain his non-profit partner. Mr. Bentley indicated that 100 percent of the units are to be targeted toward those earning 50 percent or less of the area median income; and to meet this market, he needs the tax credit program, the partnership with a non-profit organization and a property tax abatement. Commissioner Youngman recommended that the Commission support both projects. She stated that the Community Affordable Housing Advisory Board has indicated a willingness to provide a generic statement that the need is great for both projects. She noted the Board has voiced a desire to update the needs assessment, which is necessary to remain competitive for federal grants. She stated that Mr. Bentley's project has the greatest percentage of units at the lowest level under tax credit applications; Mr. Dabney's is parallel to his previous project that the Commission supported; and each project meets a different niche in the community's needs. She concluded by noting that Mr. Bentley's project also includes a request for tax relief, which needs to be included in that letter of support. Mr. George Kittrell, 541 East Mendenhall Street, asked what type of heat is proposed in these projects, particularly since utilities are not included in the rents for one of the projects. Both applicants indicated they plan to use high efficiency, gas forced hot air fumaces, which have been determined the most cost effective type of heat for this type of project. 01-22-2002 -3- City Attomey Luwe stated that no separate action is needed on the requested tax abatement, which is a Montana Department of Revenue decision, but the Commission could include an indication of its willingness to accept that tax abatement if granted by the Department. Responding to concerns voiced by Commissioner Brown, Mr. Bentley stated that if the tax abatement is approved, there will be no property taxes from his project. He acknowledged that this will require a commitment from the City, but stressed it is the only way to make a housing projectfor the very Iow income residents work successfully. Responding to questions from Commissioner Brown, Mr. Dabney stated that the only way to create a successfulproject at the level Mr. Bentley has proposed is through tax abatement. He then indicated that, for his project, he is committing to at least 31 years of affordability, even though the tax credit program requires only a 15-year commitment.. He noted that, after the first 15 years, ownership of the project may change, but the rents must remain affordable under the initial terms. He indicated that he has committed to offer priority to tenants with Section 8 certificates and has agreed to offer four units to the developmentally disabled. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission authorize the MayOr to send a letter of support for Mr. Dabney's application for tax credits in conjunction with providing affordable housing units in the Bridge Apartment project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission authorize the Mayor to send a letter of support for Mr. Bentley's application for tax credits in conjunction with providing affordable housing units in the Willow Wood Village project, including a phrase that indicates the Commission will consider supporting a tax exemption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Request for permission to cut street for installation of sewer service lines for the proposed Marantha Apartments at 321 West Peach Street Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell, dated January 17, 2002, forwarding a request for permission to cut the street to install sewer service lines for the proposed Marantha Apartments at 321 West Peach Street. Since this portion of West Peach Street was overlaid in 1998, it is subject to the seven-year moratorium for street cuts. Director of Public Service Debbie Arkell briefly reviewed the request, which is to allow the installation of sewer service to an existing outbuilding at 321 West Peach Street in conjunction with its conversion to a residential unit. She stated that staff has reviewed this request, trying unsuccessfully to identify other options for providing service to the proposed apartment. She noted that, while staff is not supportive of the street cut permit, they recognize the importance of an infill project that creates an affordable housing unit in an older part of town. As a result, staff recommends that if the Commission approves this request, it attach a condition requiring a fee to cover the costs of maintaining the street where the cut occurs, which is estimated at $81 for this project. Mrs. Kirsten Emborg, representing the applicant, stated that, in this instance, the City will be installing the service; and the applicant will bear those costs in addition to the $81 for maintenance costs. She noted that the applicant had initially proposed conversion of two outbuildings into apartment units but, because of the prohibitive costs, he chose to convert only the westernmost building into a one-bedroom unit. CommissionerYoungman stated that,'while she hesitates to undermine a policy, she recognizes the importance of an affordable housing infill project and is willing to support the street cut as long as the applicant helps cover the costs of a weakened street. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the request for permission to cut West Peach Street for installation of sewer service lines for the proposed Marantha Apartments at 321 West Peach Street be approved, subject to the following condition: ' 01-22-2002 -4- That, prior to issuance of a street cut permit, the applicant shall pay a one-time, non- refundable fee for future maintenance of the street cut, with that fee to be calculated at the rate of $1.00 per square foot of replaced asphalt and deposited in the Street Maintenance Fund. If the street cut is larger than originally estimated, the applicant shall pay the additional amount prior to the service being accepted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Request for Commission approval of wetlands assessment for Rose Park Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands James Goehrung, dated January 14, forwarding a wetlands mitigation plan for the Montana Power Company substation site at the intersection of Flanders Mill Road and West Oak Street. Superintendent Goehrung stated that Montana Power Company wishes to improve its property at the corner of Flanders Mill Road and West Oak Street and, in exchange for eliminating the wetlands on that site, the company must create or enhance wetlands at another location. As a result, Montana Power Company is proposing to enhance the wetlands in Rose Park, which will be an added benefit on public property. He noted, however, there is currently no formal master plan for Rose Park, and any major changes must be approved by the Commission. He noted that the park contains 18.3 acres, and the proposed wetlands would cover 1.25 acres, which could conflict with the proposed disc golf course. Responding to questions from Commissioner Brown, Superintendent Goehrung stated that a 30-foot buffer strip around the wetlands would be in addition to the 1.25 acres of wetland area. He then indicated that there is no major change in topography in the portion of Rose Park where the wetlands are proposed and estimated the size of the wetland area at 500 feet from north to south. Mrs. Kate Gardner, member of the Recreation and Parks Advisory Board, noted she wrote the unsuccessful grant application for the disc golf course last summer. She indicated that she has spoken with several members of the disc golf community, and they have no problem with the proposed wetlands, realizing the first step is to get the area officially mapped. She stressed that the proposal for development of the park is a multi-purpose one, with trails, picnic areas, natural plants, a sculpture garden and a variety of uses. She suggested that if the wetlands are later determined to create a problem for the proposed disc golf course, it may be possible to construct a nine-hole course at this park and an eighteen-hole course at the 100-acre regional park. Commissioner Youngman suggested that if the Commission wishes to approve this request, it should include conditions to ensure the wetlands are of benefit to the community. She also suggested that the City should ask Montana Power Company for more than just covering the costs of the wetlands study, such as a contribution to development of the park, possibly the parking lot. She noted that having this additional partner in development of the park could also increase the competitiveness of a new grant application. Superintendent Goehrung noted that since no construction is proposed until spring, the Commission cOuld table action on the request at this time, allowing him an opportunity to work with Montana Power Company to develop a firm proposal upon which to act. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that action on this item be tabled until Superintendent of Facilities and Lands Goehrung has an opportunity to meet with Montana Power Company and bring back a revised proposal. 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. 01-22-2002 equest for interim zoninq ordinance re stream corridor protection and wetlands Protection Included in the Commissioners' packets was a memo from Clerk of the'Commission Sullivan, dated January 17, reminding them of the two letters included under "For Your Information".items in last week's packets requesting interim zoning ordinances regarding stream corddor protection, and wetlands protection. Mr. Steve Kelly, owner of B°tanica Fine Art, stated he lives outside city limits, but has followed environmental issues in Montana for several decades and has gained interest in local riparian areas, wetlands and water courses. He noted that' last Thursday, representatives from the Department of Environmental Quality were in Bozeman to meet with those interested in discussing a restoration plan for Bozeman Creek. He stated that in 1996, Bozeman Creek was on the impaired water bodies list for Montana, with multiple pollutants causing impairment; and Rocky Creek and the East Gallatin .River were also on that list. He characterized this as a public health, safety and welfare issue and asked that the City participate fully in the clean-up process: He cautioned there is some evidence that. the capacity of Bozeman Creek is greater than the capacity of the culverts and passages under Main Street, which could create problems for the downtown businesses. He also *noted that the importance of wetlands and parks has already been identified through the 2020 plan public review process. Mr. Kelly cautioned that the 35-foot setback in the zone code does not adequately protect the community's waterways; and he has been dismayed at the dirt fill allowed within that setback and the variances that have recently been granted. He characterized those actions as poor science and not good for wildlife or fish. He proposed that the City consider an interim buffer zone for all waterways that protects them from development and the attendant pollutants. He also suggested that new dredging or alteration of existing wetlands be prohibited until they have been delineated and a mitigation plan adopted, nOting it is important to remember that wetlands serve as flood abatement and provide wildlife habitat in addition to recreational benefits. He concluded by encouraging the Commission to make protection of streamways and wetlands a priority during the upcoming year, while the zone code is being updated to comply with the recently adopted Bozeman 2020 Community Plan. Responding to Mayor Kirchhoff, Mr. Kelly cited the Osterman project and the' O'Dell project as examples of his concerns, particularly since they involve filling of what have been considered wetlands. He noted that, with no map specifically outlining wetlands or an ordinance protecting water resources until the zone code is updated, he feels the community's environmental assets are at risk. Mr. Christopher Nixon, 719 North Wallace Avenue, stated his support for the proposed interim ordinance for the safety and welfare of residents, particularly those on North Rouse Avenue near the Humane Society. He, too, voiced concern about the recent filling along the waterway on the Osterman and O'Dell properties, particularly since those areas have historically served as flood protection. He cited a recent case in Missoula, in which the City was sued for millions and the taxpayers ended up paying the bill. Mr. Dane Gamble, 13 Hitching Post Road, stated that Chapter 18.44 of the zone code is the largest single chapter, containing 15 pages. He stated that.adding pages of regulations that aren't followed will do no good. Mr. Bill Ogle, 1010 Bear Canyon Road; stated he is in a partnership that oWns several Properties fronting on Bozeman Creek and other areas on the north side. He voiced concurrence with Mr. Gamble's comments, noting he feels there are adequate regulations in place and that it 'is better to focus on implementation of the Bozeman 2020 Community Plan than to implement another interim regulation. Responding to Mayor Kirchhoff, Planning Director Epple stated that the floodplain regulations in the zone code establish the terms and conditions for constructing in the 100-year floodplain as designated by FEMA, and the City's Engineering Department administers those regulations with a high degree of professionalism. He noted that the Bozeman 2020 Community Plan gives additional control where riparian habitat issues and identifiable wetlands issues exist. He acknowledged that, in the past, problems have revolved around the 35-foot streambank setback requirement, particularly since the code is silent on the issue of fill. He stated that under the current code, only the last five feet to the high water mark have been inviolate. He indicated that Chapter 8 of the 2020 plan and the critical lands study will help, but any proposals considered between now and adoption of the zone code update will be considered on a case-by- case basis. 01-22-2002 Responding to Mayor Kirchhoff, Mr. Kelly confirmed that what he is seeking is a 100-foot buffer zone and no building in the floodplain under interim regulations. Planning Director Epple suggested that, rather than increasing the streambank setbacks from 35 feet to 100 feet, it may be more appropriate to cladfy that no fill and no manmade alterations will be allowed in the 35rfoot setback. Commissioner Brown stated that, while he would be supportive of an ordinance, he feels a 100-foot setback in. the middle of town would be inappropriate. He noted that he would rather interpret the 35-foot setback to prevent any development in that area. He concluded by noting that many high pdority items have been identified for implementing the Bozeman 2020 COmmunity Plan, and he does not support complicating the process with an interim ordinance. Commissioners Cetraro and Hietala voiced their concurrence with Commissioner Brown's comments. Commissioner ¥oungman suggested that the Commission provide clear, simple and concise direction to staff to ensure that nothing is allowed within the 35-foot streambank setback. She noted that, with Commission guidance and careful consideration of specific projects, issues of concern are less likely to be missed. Responding to Mayor Kirchhoff, Planning Director Epple stated he anticipates the zone code amendments will come forward in two packages, with the more critical items coming forward in the first package and the remainder of the amendments in the second package. He estimated that the total process will take ten months. He indicated a willingness to include wetlands and stream corridors in the initial round; the Commissioners concurred. Break - 7:45 to 7:53 p.m. Mayor Kirchhoff declared a break from 7:45 p.m. to 7:53 p.m., in accordance with Commission policy. Public hearina - Minor Site Plan and Certificate of ADDro;)riateness to allow construction of a 7,$00- square-foot buildinq to be used as warehouse for building materials and a mechanic shop on Lots 1-6, Block 1, Rouse's Addition, with deviation from Section 18.50.110.B.$., Bozeman Municipal Code, to allow backinq into public right-of-way- Simkins Properties, L.L.C., for 609 East Mendenhall Street (Z-01235) This was the time and place set for the public hearing on the Minor 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 a deviation from Section 18.50.110. B.5. of the Bozeman Municipal Code, to allow backing into a public right-of-way. The subject property is located at 609 East Mendenhall Street. Mayor Kirchhoff opened the public hearing. Included in the Commissioners' packets was a memo from Urban Designer Don G'rund, dated January 16, requesting that the public hearing be continued to February 4, since staff has determined this application should be processed as a major site plan and has identified additional deviations that must be advertised. Mr. George Kittrell, 541 East Mendenhall Street, stated his opposition to this application and further development of the subject property. He noted there are already traffic problems with forklifts driving on the streets, and he does not envision a big metal box blending with the conservation overlay district. He indicated that additional screening is needed, noting that with the existing fence, residents cannot talk in their back yards because of the noise. Also, he is concerned about the proposed mechanic shop on this site, particularly since that will only compound the amount of fumes from idling diesels. 01-22-2002 7- It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing be continued to February 4. 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. Continued public hearinq - Zone Map Amendment from "R-I" to "B-I" - Christ the Kin.q Lutheran Church - Lot 3, Block 4, Thompson's Addition (southeast corner of intersection of Kacjy Boulevard and South Third Avenue) (Z-01217) This was the time and place set for the continued public hearing, on the Zone Map Amendment requested by Christ the King Lutheran Church under Application No. Z-01217, to amend the zoning from "R-I", Residential--Single-family, Low-density,- to "B-I", Neighborhood Service, on Lot. 3, .Block 4, Thompson's Addition. The subject property is approximately 5 acres located at the southeast corner of the intersection of Kagy Boulevard and South Third Avenue. Mayor Kirchhoff reopened the continued public hearing. Distributed just prior to the meeting were a number of letters, most of which were from members of the church writing in support of the requested zone map amendment. Assistant Planner Susan Kozub stated that staff has confirmed over 25 percent of the adjoiners and property owners within 150 feet have signed the petition of opposition or submitted letterS of opposition, triggering the requirement of a super majority Vote for approval. Mr. Michael Beehler, President of the ch'urch council, stated he is representing 29 people present at this hearing. He assured the Commission that the church will continue to be good stewards of the land and good neighbors. He stated that the proposed "B-I" zoning designation carries abundant regulations to address the concerns that have been voiced.. He reminded the CommissiOn that the Bozeman 2020 Community Plan identifies this property for neighborhood commercial developmentbecause of its location at the intersection of Kagy Boulevard and South Third Avenue. He stated that, since the property is buffered from the adjacent residential properties and since its access is not from neighborhood streets, it will not alter traffic patterns in that residential area. He noted that approval of this application will not constitute spot zoning; rather, it will expand the neighborhood commercial area that exists across the street. Mr. Beehler stated that he sympathizes With the neighborhood concerns about losing their current quiet neighbors; however, he believes their concerns will be adequately addressed by the regulatory requirementS in place under the proposed "B-I" zoning designation. He noted that any development under the proposed zoning will be subject to site plan review, giving opportunity for publ!c comment; and the zone code will ensure that items such as floodplain,.unique natural features, wildlife areas, trees' and shrubs are adequately protected. He concluded by encouraging Commission approval of this application. Mrs, Kathi Bare read into the record a letter of opposition from Jack and Faith Dredla, 2104 South Tracy Avenue. In that letter,-the Dredlas cited the disapproval of their request to construct a McDonald,s restaurant on South 11 th Avenue because it would result in a disasterous traffic pattern and would have a negative impact on the MSU food service. They also voiced concern about the fact that, in this instance, the type of business that could be located on this property under the proposed new zoning is not .known. To avoid the potential of the total community becoming hostile to the church, they proposed that this zone map amendment not be approved. Ms. Sharon EriCkson, member of the Christ the King Church, voiced her support for the proposed rezoning, noting it would help the church serve the community better through the construction of a new church on the western edge of the city. Mr. Van Bryan, architect for the Christ the King Church, stated he did an overlay drawing on an aerial photo. He stressed that, even with substantial development of the property, an average 40-foot buffer of vegetation will be retained. He also noted that with the City's stringent requirements for landscaping, adequate buffering should be ensured for the adjacent residential properties. 01-22-2002 8- Mr. Kimerick Hayner, 1 Hill Street, voiced his passionate opposition to the requested rezoning. He stated he and his wife purchased their home at the northeast corner of South Third Avenue and Hill Street in June 1988 as their "little bit of paradise", and they now feel that what they chedsh is at risk because commercial interests and entrepreneural drive wish to expand next door. He stated there is adequate commercialization north of Kagy Boulevard and encouraged the Commission to keep the neighborhood spirit and the residential area intact. He concluded by strongly encouraging Commission denial of this application. Mr. Jerry Nielsen, 3800 Sourdough Road, stated he lives in the neighborhood and taught at MSU, noting he drove by the church several times a day for 35 years. He recalled the strong neighborhood opposition to the paving of Kagy Boulevard and noted that, when the Kagy neighborhood business development proposal was considered, he did not support that either. He Voiced support for the City's planning process and the Bozeman 2020 Community Plan, which designates this property for neighborhood commercial development. He indicated that he has attended this church for the past 35 years and encouraged approval of this application. Mr. Henry Shovic, 19 Hill Street, noted that many church members have talked about stewardship of the area; however, that will be difficult after it is sold. He stated that at the Zoning Commission meeting, the pastor suggested donating the wooded area to the City or the neighborhood to provide a buffer, and proposed the church make that a reality by donating it to the City as a park. Ms. Billie Ranard, 3216 Augusta Drive, stated she owns a business within 150 feet of the subject property. She voiced support for the zone map amendment, characterizing it as logical and reasonable and noting that it affords protection for the neighbors' concerns. Mr. Dan Wilson, 2202 Highland Court, stated he had circulated the petition of opposition. He stressed that the neighborhood is not opposed to change, citing developments and street expansions in recent years. He cautioned that, even though there may be a 35-foot landscape buffer along the stream at the present time, under the zone code vegetation may be cleared to within 5 feet of the streambed; and that would severely impact the neighborhood and the residents. He noted that neighborhood business districts are designed to serve people within a one-half mile radius, and those from the church who have spoken in support of this zone map amendment do not live within that radius. Mr. Wilson noted that the Bozeman 2020 Community Plan identifies both South Third Avenue and Kagy Boulevard as three-lane roads but says nothing about the intersection; and rezoning of this property will only impact that intersection further with increased traffic volumes. Mr. Wilson noted that Figgins Creek traverses this subject property, and the site includes floodplain and wetlands. He stressed that these items are of substantial value to the community and should be protected. He suggested a more appropriate use of the site might be as a children's museum or as a park. He concluded by stating the overriding concerns of area residents revolve around possible loss of the vegetation buffer and attendant loss of property values, and encouraged the Commission to ensure the unique qualities of this property are protected. Mr. Bob DuBose, 5020 Justin Lane, cautioned that if this application is denied, the zoning on the subject property will not comply with the Bozeman 2020 Community Plan, making development difficult. He concluded by cautioning that if the "R-1" zoning is retained, the neighbors will lose the ability to speak; and if the property is zoned "R-O," an apartment complex could be constructed. As a result, he concluded there are no good alternatives other than the proposal before the Commission. Mrs. Nancy LaPeyre, 1704 South Willson Avenue, stated she has lived at that address for 36 years and has been thankful for the church on the subject site because it precluded the possibility of any bars in the immediate area. She noted there are vacancies in the Kagy Crossroads development, and she has seen a number of businesses turn over in that complex. She concluded by expressing concerns about possible development of this subject property under the proposed zoning designation. .. Ms. Maggie Kluso stated the church cannot expand on the subject site, so theYhave no choice but to relocate. She recognized that after the property is sold, the church will have no control over its development but suggested that the system should be given an opportunity to work. 01-22-2002 Mr. Bill Ranard, 3216 Augusta Ddve, stated that many of the church members share the. concerns of the neighbors about future development of this site; however, he suggested that the multitude of review steps to which future development will be subjected should help to address thOse concerns. He cautioned that almost all of the issues raised by Mr. Wilson will not be protected by the existing "R-I" zoning; in fact, they may be less protected. He stated that a review of the topography map reveals all vegetation along the creek is on only one side, and he finds it unreasonable to expect any future owner to not touch the grove of trees on this property. Mr. Ranard responded to a numbe~ of the isSues raised by neighbors,, noting that a minimum 70- foot-wide buffer is required along the stream, not counting the width of the creek,' with neither structures nor parking allowed in that setback. He recognized that the big willow tree located approximately 150 feet from the creek seems to be a natural part of the landscape; however, he is concerned about its viability because of its age. He reminded the Commission'that, with its access from South ThirdAvenue, this property is isolated from the neighborhood and will not increase traffic through the neighborhood. He indicated that issues such as floodplain, storm drainage and wetlands protection will be addressed through the review process. He noted that under the zone code provisions, development of this property will be limited in size and height and must blend with the area. As a result of those protections, he enCouraged approval of this application. Assistant Planner Susan Kozub responded to some of the questions and issues raised, noting that additional screening will be required betWeen non-residential and residential uses; and the wetlands on this property are artificial and the result of human activities. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Commissioner Hietala, Planning Director Epple stated that "BP" zoning is designed as an employment center on a community scale and', therefore, would not be allowed under the existing neighborhood commercial land use designation. Commissioner Hietala voiced concem that this issue is very polarized, noting that to have the tWo parties work together to find an acceptable solution would be beneficial.. Mayor Kirchhoff stated that a pending offer on this property is contingent upon approval of this zone change and the site plan. He then noted that he has some personal history with this property, since he grew up in the area. He recognized that change is inevitable and, while he may not like the proposed change, he feels compelled to support i.t. Responding to comments from CommisSioner Hietala, Commissioner Youngman acknoWledged one of the biggest frustrations when considering a zone change is that the decision is made without knowing what might be developed there. She suggested, however, that high density residential development would have more negative impacts than Iow-impact commercial development. She also noted the commercial development process would ensure better protection of the stream corridor, riparian areas'and matUre vegetation. She noted that a deed restriction could be used to protect the area, and it would run with the land rather than a specific use. She cOncluded by stating that she feels the proposed zoning would provide better protections for existing residences than a higher-density residential designation. Commissioner Brown and CommiSsioner Cetraro also recognized the difficulties ofthis decision, but concurred with Mayor Kirchhoff and Commissioner Youngman. - Itwas moved by Commissioner Brown, seconded by Commissioner Youngman, that theCommission initially approve the Zone Map Amendment requested by Christ the King. Lutheran Church under Application No. Z-01217, to amend the.zoning from "R-I", Residential~-Single-family, Low, density, .to "B-I", Neighborhood Service, on Lot 3, Block 4, Thompson's Addition, and direct staff to bdng back an ordinance for Commission Consideration upon the applicant submitting an appropriate legal description and map. The motion carded .by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Cetraro and 'Mayor Kirchhoff; those voting No being Commissioner Hietala. 01'22~2002 . . . -10- Break - 9:30 p.m. to 9:40 p.m. Mayor Kirchhoff declared a break from 9:30 p.m. to 9:40 p.m., in accordance with Commission policy. . Public hearing - Conditional Use Permit for Planned Unit Development - Pruah & Lenon Architects for Valley West LLC - allow 309 acres to be master planned for a mix of residential types and density to occur in ten phases. three commercial phases. internal streets. pedestrian and trail system. and open space/park areas. with relaxation of the followina standards: from Section 18.50.050. to allow garaaes located in rear yards and accessed from the allevways to be located five feet from alley property line: from Section 18.50.11 O.B.. to allow private parkina spaces on commerciallY zoned lots to be 9 feet bv 19 feet; from Section 18.50.110.F.. to allow parking calculation to be one parkina space per 400 square feet of net commercial space. one space per residential unit of 800 square feet and two spaces per residential unit of more than 800 sauare feet: from Section 18.20.050 and 18.16.050. to allow front yard setbacks to be reduced to 15 feet: from Section 18.28.050. to allow setbacks in the B-1 district of 35-foot front. 25-foot rear and 25-foot side. allow a 2-acre commercial area west of Bronken Park to be located on land alona Durston Road that has a residential land use designation. and allow mixed residential density and types on land zoned R-MH - Valley West Planned Unit Development located on Tract 1. COS No.1 005B: Tract 2A. COS NO.1 005C: Bronken Park: Tracts 1. 2 and 3. Block 1 ~ Tracts 1. 2. 3 and 4. Block 2: and Tracts 1. 2 and 3. Block 3. Valley West Subdivision (west of Fer uson Avenue. between West Babcock Street and Durston Road) (Z-01229) This was the time and place set for the public hearing on the conditional use permit for a planned unit development, as requested by Prugh & Lenon Architects for Valley West, L.L.C., under Application No. Z-01229, to allow 309 acres to be master planned for a mix of residential types and density to occur in ten phases, three commercial phases, internal streets, pedestrian and trail system, and open space/parkareas, with relaxation of the following standards in the Bozeman Municipal Code: from Section 18.50.050, to allow garages located in rear yards and accessed from the alleyways to be located five feet from alley property line; from Section 18.50.110. B., to allow private parking spaces on commercially zoned lots to be 9 feet by 19feet; from Section 18.50.110IF., to allow parking calculation to be one parking space per 400 square feet of net commercial space, one space per residential unit of 800 square feet and two spaces per residential unit of more than 800 square feet; from Section 18.20.050 and 18.16.050, to allow front yard setbacks to be reduced to 15 feet; from Section 18.28.050, to allow setbacks in the B-1 district of 35-foot front, 25-foot rear and 25-foot side, allow a 2-acre commercial area west of Bronken Park to be located on land along Durston Road that has a residential land use designation, and allow mixed residential density and types on land zoned R-MH. The subject project is known as the Valley West Planned Unit Development, and is located on Tract 1, Certificate of Survey No. 1005B; Tract 2A, Certificate of Survey No. 1005C; Bronken Park; Tracts 1, 2 and 3, Block 1; Tracts 1, 2, 3 and 4, Block 2; and Tracts 1, 2 and 3, Block 3, Valley West Subdivision. . Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report for Assistant Planner Karin Caroline. He noted that this agenda item and the subsequent agenda item pertain to development within the Valley West Annexation, on that portion located west of Ferguson Avenue, between West Babcock Street and Durston Road. The Planning Director noted that under this application, 309+ acres are to be developed in ten residential phases and three commercial phases, with parks and open space being provided. He noted that a number of relaxations from the standard zoning regUlations are being requested, including allowing setbacks on business lots to be reduced, parking calculations to be adjusted, garages in the rear accessed from alleyways, concurrent construction of infrastructure and improvements, and City-standard streets with traffic calming and alleys. Under this application, two lakes are to be incorporated into the parks and open space, and park corridors will complement the boulevard and provide additional buffering and wider setbacks for residential development along busier streets. Varied residential types are proposed, ranging from six to twelve units per acre; and the proposed housing types range from 950 to 1,250 square feet for rowhouse-type condominiums to approximately 2,400 square feet for single-family residences. The 01-22-2002 -11 - duplexes in this development are to be of four different floor plans and houses with accessory dwelling units are to be allowed. Planning Director Epple stated that staff has reviewed this application in light of the applicable cdteda contained in the zone code, and staff's comprehensive findings are contained in the written staff report. As the result of that review, staff is forwarding a recommendation for approval, subject to sixty conditions. He turned his attention to four of those recommended conditions, as follows: under No. 28, staff has recommended "R-O" uses where the applicant has proposed "B-l" uses; under No. 32, staff is recommending the streets along the linear parks be 35 feet wide instead of the proposed 33 feet, back of curb to back of curb, to allow for parking on both sides of the street; under No. 40, Assistant Planner Caroline and'Attorney Susan Swimley have developed alternative language that he recommends be incorporated into approval; and No. 44, revise to reflect language from the preliminary plat regarding concurrent compliance. Commissioner Brown suggested that, on Condition No. 40, the word "and" be changed to "or" in the alternative language. · Responding to Commissioner Brown, the Planning Director stated the requested parking deviations reflect approximately 33 percent reduction for the commercial development, and residential parking is typically calculated on the number of bedrooms.. Responding to Mayor Kirchhoff, the Planning Director stated the intent of Condition No. 40 is to minimize the number of accesses onto West Babcock Street, since it is designated as a minor arterial. He noted that this can be accomplished through the use of shared driveways for the multi-family units, although he recognized that an alley would provide the same result. Mr. Dick Prugh, architect representing the applicant, introduced the members of the design team present. He then identified some of the unique characteristics of this project, noting that this 310-acre planned unit development is providing.84 acres in Public parks, which compares to 340 acres of existing public parkland in a community that contains approximately 8,300 acres. He noted that in almost all circumstances, parks can be accessed from the streets, rather than being pocket parks in neighborhoods. Another major aspect of this development is the use of alleys in the residential areas so that the 33-foot- wide streets can become a place for people instead of objects. He stated that under the covenants for this development, 30 percent of the lots will be allowed to have driveways onto the street. He indicated that boulevard trails are proposed around the perimeter of the project to identify the border, and the character and defining point of the neighborhood are to be created through landscaping. Responding to City Manager Johnson, Mr. Prugh stated the 20-foot-wide alleys are to be maintained by the homeowners' association, and that requirement is included in the covenants. Mayor Kirchhoff proposed that the north/south green beltway be extended, rather than dumping onto a sidewalk as shown on the plans. He also suggested that the greenway be continued to the western edge and possibly at least one of the greenways extended to the park so that all of the soft features are connected. Mr. Prugh stated that the trail system along Baxter Creek provides access to the park. He noted that, during design of the development, the issue of additional trails was discussed, and it was determined that people prefer to use sidewalks through the residential development. He then indicated that development of the commercial nodes is anticipated to be in a manner that looks similar to the downtown, with buildings on the street and parking behind. Responding to Mayor Kirchhoff, Mr. Prugh stated that a City-standard sidewalk is proposed along West Babcock Street, with a 50-foot-wide green space and meandering sidewalks that provide access to the residences. He noted that this configuration will allow for more formal landscaping and trees while providing the needed pedestrian amenities. · Mr. Prugh addressed a couple of the recommended conditions, the first issue being street widths. He noted that one of the conditions addresses London Drive and two other streets. The 'applicant has proposed 33-foot-wide streets for intimacy and to slow traffic; however, staff has recommended those streets be widened to 35 feet.. He indicated that, while the applicant would prefer the proposed 33-foot 01-22-2002 12- width, the recommended 35-foot width would be acceptable. He then noted that a number of different traffic calming features have been incorporated into the street designs. The other issue pertains to the proposal to allow "B-I" uses in a small business park area along Durston Road north of the park and bodies of water, and staffs recommendation that "R-O" uses be allowed. Mayor Kirchhoff noted that Mr. Prugh's comments reflect a desire to see Condition Nos.. 28 and 32 changed and Condition No. 44 modified. Mr. Gary Metcalf, 3955 Durston Road, stated, his property lies directly north of Bronken Park. He noted that his concerns revolve around water issues, including potential negative impactS to the groundwater levels as a result of digging the two lakes, runoff, and the storm sewer draining into Cottonwood Creek. He noted that, in.their agricultural operation, they have witnessed silt in the creek, which will ultimately change the stream flow and could impact the ripadan area. He asked that his agricultural operation be protected while development of the surrounding properties occurs. Mr. Greg Stratton, consulting engineer, stated that a complete stormwater drainage plan that meets subdivision regulations has been submitted to the City's Engineering Department, and that plan will be put into effect as the subdivision is developed. He indicated that the retention ponds are properly sized to address the sediment issue, and sediment traps have been installed on Cottonwood Creek. He then noted that no lowering of the groundwater levels has been identified over the past four years, since the digging of the lake was begun. Mr. Gary Metcalf stated his main concerns revolve around runoff from the streets and impacts on the agricultural operations downstream.. He also reiterated his concern that the ponds and development of this area can impact the groundwater levels downstream from this property. Ms. Barbara Vaughn, Vaughn Environmental Services, stated that Baxter Ditch was relocated to the side of the road, and part of that relocation process included revegetation. She recognized that Mr. Metcalf may have noticed additional sedimentation since its relocation in 1998, but the new vegetation should be established by now and the amount of silt should be decreasing. She also noted that construction in the area could have increased the amount of sedimentation, and that should be decreasing as construction slows. She then turned her attention to the lake, noting that the permit for that lake will require a review of downstream appropriators and those that could be impacted by the lake. Mr. Lloyd Mandeville, realtor, stated' he is impressed with the plans for this proposed development. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. As a result of Commission discussion, revisions were made to Condition Nos, 281 32, 40 and 44, as recommended by staff. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission approve the conditional use permit for a planned unit development, as requested by Prugh & Lenon Architects-for Valley West, EEC., under Application No. Z-01229, to allow 309 acres described as Tract 1, Certificate of Survey No. 1005B; Tract 2A, Certificate of Survey No. 1005C; Bronken Park; Tracts 1, 2 and 3, Block 1; Tracts 1, 2, 3 and 4, Block 2; and Tracts 1, 2 and 3, Block 3, Valley West Subdivision, to be master planned for a mix of residential types and density to occur in ten phases, three commercial phases, internal streets, pedestrian and trail system, and open space/park areas, with relaxation of the following standards: from Section 18 50 050, to allow garages located in rear yards and accessed from the alleyways to be located five feet from alley property line; from Section 18.50.110.B., to allow priVate parking spaces on commercially zoned lots to be 9 feet by 19 feet; from Section 18-.50.1101F., to allow parking calculation to be one parking spaCe per 400 square feet of net commercial space, one space per residential unit of 800 square feet and two spaces per residential unit of more than 800 square feet; from Section 18.20.050 and 18.16.050, to allow front yard setbacks to be reduced to 15 feet; from Section 18.28.050, to allow setbacks in the B-1 distdct of 35-foot front, 25-foot rear and 25-foot side, allow a 2-acre commercial area west of Bronken Park to be located on land along Durston Road that has a residential land use designation, and allow mixed residential density and types on land zoned R-MH, subject t0. the following conditions: 01-22-2002 -13- ¸1. '5. o - 10. 11. 12. 13. That the applicant shall submit a final PUD plan for each subsequent phase of development at the time o.f filing that particular phase, which will enable the' PUD plan to be adjusted or modified for future housing demands, trail system design, etc. The final PUD plan for each subsequent phase shall be subject to review and approval by the Planning Department and the Design RevieW Board. That the applicant provide an implementation plan (construction and time schedule) for the trail system for the entire subdivision to be reviewed by the Parks and Recreation Board and subject to review and approval by the Planning Department. This document shall be submitted as part of the final PUD plan for .each 'phase. Per the recommendation' of the State Historic Preservation Office; a cultural resource inventory shall be conducted and results submitted to the Planning Department for their .review. and approval pdor to initiation of construction. That the applicant shall make the necessary cledcal corrections and/or edits within the covenants and final PUD plan as directed by City Staff. That the applicant provide pigmented or colored pedestrian pathways where alleys intersect with pedestrian pathways and where pedestrian pathways cross streets. That the proposed soft surface path along the Maynard Border Park shall be constructed to a Class tl trail type with an organic or clay binder rolled in. That all boulevard trees must be located outside the street vision triangle. Applicant shall obtain the necessary boulevard tree permits from the Forestry Division. That the maximum fence height for corner side yards and front yards will be 4 feet, unless it is within a street'vision triangle and then the maximum height will be thirty (30) inches. That the applicant supply, in detail, sketches and drawings for architectural guidelines and landscaping requirements contained within the covenants. The applicant shall supply a section defining architectural and landscaping terms. The revised covenants shall be provided to the Planning Department for review and approval prior to filing of any Plat. That within the covenants under the. Chimneys/Roof Vents section (page 14), additional wording shall be added as follows: "All roof-mounted equipment shall be integrated into overall design and screened. Vents projecting from the roof shall be painted to match overall roof material color. Roof-top equipment and vents shall not face a public street." That the covenants under the Yards section (page 16) shall contain the following language: "Any fence or wall constructed so as to have only one elevation 'finished', which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the adjacent property". That the covenants under the Yards section (page 16) shall note the maximum fence height of five feet unless a variance is requested and granted by the City Commission. That the covenants shall Contain the following language regarding attached garages: "Attached garages shall be cleady subordinate to the dwelling. A subordinate garage has one or more of the following characteristics: a) the area of the garage, vehicle door(s) compdse 30% or less of the total square footage, exclusive of any exposed roof areas, of the principal fa~;ade of the dwelling; 01-22-2002 -14- 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. b) the facade with thegarege vehicle(s) entrance is recessed at least four feet behind the facade of the dwelling containing the main entry. That within all sections of the Covenants, when a vadance is indicated that it may be granted, the variance must be requested and approved by either the Valley West Architectural Review Committee or the Bozeman City Commission depending on whether the vadance is from the covenants or from current City zoning Ordinance. That within the pertinent sections of the covenants, it shall be noted that construction may nOt commence without the appreval of the City of Bozeman Building Division and necessary permits obtained and fees collected. That the covenants under Construction Design Review section shall contain the following: "The Valley West Architectural Review Committee's (VVVARC) approval letter must be attached to all City of Bozeman building permit applications." That the covenants shall contain the language regarding lighting as contained in Section 16 of the preliminary PUD plan as well as the following language: "Recessed or can lighting is encouraged for porches or main entrances for softer lighting effects. Clear glass fixtures (i.e. coach lantern style) are discouraged. Honey glass or amber glass panels (i.e. opaque) are encouraged as an alternate. No exposed bulbs (non-cutoff) are allowed." That the applicant shall be allowed one (1) temporary sign during construction. This sign shall be a maximum of thirty-two square feet and 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. That the applicant provide a detailed description of the pedestrian crossing east/west across Cottonwood Road, appreximately half way between Babcock Street and Durston Road. That the applicant shall provide detailed cress-sections of all pocket parks that contain detention ponds/areas. The cross-sections shall describe type of landscaping preposed and how the detention area will work with the proposed meandering pedestrian pathway. The applicant shall have Fischer & Associates work with Design Review Board landscape architect, Dick Pohl in the coordination and choice of tree and plant species. That the covenants under Article VI, Alleys, shall contain the language as follows: "Unless prevented by a utility easement or garage access, the Owner shall plant a minimum of one deciduous tree for each lot smaller than 60 feet, two deciduous trees for each lot larger than 60 feet, near the alley". Within the covenants, there shall be discussion on dog kennels or runs as to where they are allowed and of what type of material. Within the covenants, Article IV, Section 9 (Yards), there shall be wording regarding the maintenance, and upkeep of fences. Within the covenants, ArtiCle ¥, Site Design, maximum building heigh'ts according to roof pitch shall be noted for each lot type I - IV. It shall be noted in the final PUD plan, that the 20-foot alleys shall be constructed with 14 feet of asphalt. . 01-22-2002 27. 28. 29. 30. 31. 32. 33. 34. 35. In shall be noted within the Covenants that a maximum of 30 percent of the lots on each block will be allowed vehicle access from the street. The proposed uses within the Westlake Business Lot area may inClude those allowed under "B-I" zoning. It shall be noted within the coVenants and specifically in Article X, Section 2, that the active parks and larger park areas, including the surrounding sidewalks, will be maintained by the Homeowner's Association dudng the US Army Corps of Engineers required wetlands monitoring period (seven years), and will'be transferred to the City of Bozeman thereafter. It shall be. noted within the Open Space Plan, more precisely where the playground equipment and picnic areas are to be located. Details of type of playground equipment, including material shall be included with the final PUD plan submittal. To the best of their ability, the subdivider shall require all construction related traffic associated with the further development of the Valley West subdivision to be routed to and from the site via Huffine Lane, east of Ferguson Avenue, and to not utilize West Babcock Street Or Durston Road east of Ferguson Avenue. Due to anticipated higher traffic volumes and parking demand adjacent to Bronken Park, the applicant shall install a 35-foot back-of-curb to back-of-curb street width for the proposed Martin Street. All'other street widths shall be 31 feet or 33 feet, as originally proposed by the applicant. ' That the garage/alley lighting be restricted to a maximum lumen.to be determined in conjunction with the Planr~ing Department. All residential lighting (non-street lighting) shall be illuminated with lights that meet the City's standard requirements. In addition, all outdoor residential lighting shall be free ofglare, and shall be fully shielded or shall be indirect lighting, No lighting shall be beyond.a property's lot line. No unshielded lights shall be permitted. No mercury vapor lights shall be. permitted.' Covenants of the development shall refleCt these restrictions. For purposesof this paragraph, the following definitions shall apply: a) Fully shielded lightst Outdoor residential light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above'the horizontal plane as certified by a photometric test expert; b) c) d) Indirect light: Direct light that has been reflected or has scattered off of other surfaces; Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing mome.ntary blindness; and Outdoor lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. Proposed phasing shall be depicted on the final plan. The full extent of all proposed infrastructure improvements required for each phase shall also be clearly indicated on the final plan submittal. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Municipal Ordinance Nos. 1532'and 1533. Phases shall be numbered in the order in which they are to be built. 01-22-2002 -16- 36. 37. 38. 39. 40. 41. 42. 43. 44. The specific conditions of approval' for the lift station proposed for Phase 5 will be provided at the time of infrastructure plan and specification review for that phase. The covenants of the PUD shall be amended to include a statement that advises property owners dependent on the lift station for service that they will be subject to a monthly surcharge to cover the costs of operation and maintenance of the lift station. The applicant shall sign a waiver of right to protest creation of an SID to construct and maintain a future, regional lift station. A detailed traffic study report for the PUD has been provided to the City Engineer. While some specific comments regarding the analysis have been provided by the City Engineer to the developer's engineer, City Engineering staff are comfortable that development of Phase 1 may take place without adversely affecting the local street network. However, considering the degree of development currently occurring along both the Babcock Street and Durston Road corridors and given that the City is already actively pursuing improvements to both of those roadways, it may be necessary to update the traffic study as part of the preliminary plat submittal for each phase subsequent to Phase 1. The need for any traffic impact analysis updates will be identified at the time of pre-application plan submittal for each subsequent phase. All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards · recommended' in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. While the typical sections and calming strategies included in this submittal provide an acceptable general framework for the development, detailed review and approval of street, sidewalk and associated storm drainage infrastructure will be part of the plan and specification review process for each phase. Prior to'filing the final PUD plan for each phase, the applicant shall reconfirm or verify with the County GIS Department, County Road and Bridge Department, and City Engineer that all proposed names are acceptable in order to avoid duplication of names countywide, which may occur between preliminary approval of PUD and filing of final plan for a particular phase. No direct access from single-family or duplex lots to Durston Road, Ferguson Avenue or West Babcock Street will be approved. Detailed review and approval of the concurrent construction plans will be part of the infrastructure plan and specification review process for each phase. Building permits may not be issued until each plan is approved. That the applicant must submit seven (7) copies of a final PUD plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Director. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final PUD plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. That a building permit must be obtained prior to the work, and must be obtained within one year of final PUD plan approval. Building permits will not be isSued until the final PUD plan is approved. Minor site surface preparation··and normal maintenance shall be allowed prior to submittal and approval of the final PUDplan, including excavation and footing preparation, but NO CONCRETE ·MAY 'BE POURED UNTIL A BUILDING PERMIT IS OBTAINED, No building permits Shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed 01-22-2002 -17- 45. 46. 47. 48. 49. 50. 51. by specific approval of the City Commission under the provisions of MuniCipal Ordinance Nos. 1532 and 1533, and all requirements of all those ordinances have been met. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured bY a methOd of 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, the applicant shall complete all on-site improvements wi,thin nine (9) months of occupancy to avoid default on the method of security. That the applicant upon submitting the final PUD plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a-written narrative outlining how each of the above conditions of approval have been satisfied or met. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in wdting by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and, code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. A Stormwater Master Plan for the PUD for a system designed to remove solids, silt, oils, grease, and other pollutants f¢om the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject .to further revieW as part of the infrastructure plan and specification review process. Detailed review of the final grading and drainage plan and aPproval by the City Engineer will be required as part of the infrastructure plan and specification review process for each phase.. A comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana has been provided 'to the City 'Engineer. The applicant is 'advised that although the general utilities design concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process for each phase. Two general comments on the report may. be useful at this time: a) The layout of Water.mains provided does not indicate the lOcation of PRV's which, given the network proposed, will be required. b) The hydraulic analySis modeled fire flows are based on a demand of 1,500 gallOns ~er minute. The applicant is advised that depending on the use in the "B-I" zoned areas; this may not be adequate. All water main extensions of more than 500 feet required for any phase of the development shall be fully looped. Water and sewer mains shall be extended to the property lines to adequately accommodate future extensions and/or looping. 01-22-2002 -18- 52. Plans and specifications for water and sewer main extensions for each proposed phase, prepared and signed by a-Professional Engineer (PE) registered in the State of Montana sball be provided to and approved by the City Engineer. Sewer and water 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. Construction shall not be initiated on the public infrastructure improvements until the plans and 'specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Municipal Ordinance Nos. 1532 and 1533. 53. Plans and specifications for streets and storm drainage facilities for each phase, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. Construction shall, not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been condUcted. 54. 55. 56. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps-of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained. Design of all water and sanitary sewer infrastructure must include provisions for development.beyond the scope of this project. Plans and specifications for the entire project must be provided to the City for review and approval. 57. 58. All major and minor commercial site plans within the Valley West Planned Unit Development will be subject to review and approval by the Design Review Board, in addition to normal agency review. Within the covenants, Article V, Site Design, the yard setbacks shall be noted for each lot type I - IV. The setbacks for residential lots fronting the parkways along Durston Road, Ferguson Avenue, and Babcock Street shall be 15-foot front yard setbacks with an allowable 5-foot permitted encroachment; all other residential lots shall have a 20-foot front yard setback with an allowable 5-foot permitted encroachment. 59. 60. Applicant shall increase the range of color choices within the color palette for residential lots, subject to review and approval by the Valley West' Architectural Review Committee. With the filing of the final plat .and final plan for each phase, the applicant shall submit a master plan for the open space/park areas contained within that phase that defines the'major uses of the open space/park areas and a plan for orderly development and preservation of these areas. This master plan shall include a long- term maintenance plan and maintenance schedule for any mowing, fertilization, irrigation, weed control, and snow removal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. ' 01-22-2002 -19- Public hearinq- Preliminary plat for Valley West Planned Unit Subdivision, PhaSe I - Pru.qh & Lenon Architects for Valley West LLC - subdivide 31.21 acres described as portions of Tracts 1 and 2, Block 1, Valley West Subdivision, 'into 73 lots for mixed residential housing and 7 lots of open space, with relaxation of standards as folloWs: from Section 16.14.020.H., to allow all lots frontinq on West Babcock Street, Fer.quson Avenue and Durston Road to be accessed from improved alleyways and front onto a parkway; from Section 16.16.080.A., to allow proposed streets to meet City street standards in the Greater Bozeman Area Transportation Plan 200! Update; and from Section 16.14.040.A., to allow sidewalk alon.q West Babcock Street to be located 10 feet behind the existin.q curb instead of 1 foot behind the riQht-of-way line (P-0136) This was the time and place, set for the public hearing on the preliminary plat for Valley West Planned Unit Subdivision, Phase I, as requested by Prugh & Lenon Architects for Valley West EEC., under Application No. P-0136, to subdivide '31.21 acres described as portions of Tracts 1 and 2, Block 1, Valley West Subdivision, into 73 lots for mixed residential housing and 7 lots of open space, with relaxation of standards as follows: from Section 16.14.020.H., to allow all lots fronting on West Babcock Street, Ferguson Avenue and Durston Road to .be accessed from improved alleyways and front onto a parkway; from Section 16.16.080.A., to allow proposed streets to meet City street standards in the Greater Bozeman Area Transportation Plan 2001 Update; and from Section 16.14.040.A., to allOw the sidewalk along West Babcock Street to be located 10 feet behind the existing curb instead of 1 foot behind the right-of-way line. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented 'the staff report on behalf of Assistant Planner Karin Caroline. He stated that under this application, 3'1 acres located along the north side of West Babcock Street, west of Ferguson Avenue, are to be subdivided into 73 mixed residential lots. This subdivision is to include many of the design elements identified in the previous public hearing. He noted that, in conjunction with this subdivision, the appliCant is seeking relaxations to several standards, mainly to allow the streets to meet the new standards and to allow the use of alleys to provide access to residences. The Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. He noted that the City Planning Board conducted its review on January 8 and, subsequent to that review, forwarded its recommendation for approval, subject to 48 conditions. Planning Director Epple identified posSible'changes to two conditions. He noted that, in her letter dated January 22, attorney Susan Swimley has recommended a revision to Condition No. 14; and staff concurs with that proposed revision. Condition No. 40 pertains to the location of the City'standard sidewalk, which is typically one foot from the property line, and the applicant has requested that it be located 10 feet behind the curb. Mr. Dick Prugh, architect representing the apPlicant, noted that Phase I will set the standard for the remainder of the subdivision, and this phase includes a park. He indiCated that, dudng the previous public hearing, the reason for requesting the sidewalk be loCated 10 feet behind the curb was given. He then stated that one of the conditions references installation of sidewalks on all streets; however, the applicant has proposed no sidewalks along the linear parks, rather the trail system is to be used, with sidewalk on the opposite side of the street. He noted that the alley parallel to West Babcock Street is to be 30 feet wide because primary access to those lots fronting on Babcock will be from the alley. Mr. Prugh noted that this phase is to include a mixture of single-family, duplex and rowhouse development. The multi-family lots along West Babcock Street are to be designed to share an access onto that street while the duplex and single-family lots will have no direct access onto the street. Mr. Greg Stratton, consulting engineer, noted that when the streets were originally inStalled, the services were not stubbed to the property lines. As a result, he requested authority to make those street cuts. " Director of Public Service Debbie Arkell addressed some of the conditions and. items on which she feels clarification or change is needed. She turned her attention to Condition No. 7, noting that this condition should pertain to the final plan for the planned unit development rather than the final plat. Also, she suggested that Condition No.' 17 be eliminated since sidewalks do not need to be shown on the'final plat. 01-22-2002 On Condition No. 26, she asked that the condition be revised to read the same as the condition for the planned unit development. She then proposed an additional condition, to require that.the applicant.be responsible for stop signs and street marker signs. Regarding the street cut permit, she asked how many street cuts are proposed along West Babcock Street, cautioning that a street cut for every lot would be devastating to that new street. She then recommended a condition similar to the one attached to the earlier agenda item, noting that staff can then calculate the maintenance fee for each cut. Since there were no Commissioner objections, Mayor Kjrchhoff closed the public hearing. The Commissioners agreed With the proPosed revisions to Condition Nos. 7, 14, 26 and 40; elimination of Condition No. 17; and the addition of Condition No. 49. Commissioner'yoUngman voiced her appreciation for this project and the fact that it reflects previous input given as well aselements of the new Bozeman. 2020 Community Plan, including trails, parks, mixed use, traffic calming and bike lanes. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the preliminary plat forValley West Planned Unit Subdivision, Phase I, as requested by Prugh & Lenon Architects forValley West EEC., under Application No. P-0136, to subdivide 31.21 acres described as portions of Tracts 1 and 2, Block 1, Valley West Subdivision, into 73 lots for mixed residential housing and 7 lots of open space, with relaxation of standards as follows: from Section to allow all lots fronting on West Babcock 16.14.020. H.,from Street, Ferguson Avenue and Durston Road to be accessed improved alleyways and front onto a parkway; from Section 16.16.080.A., to allow proposed streets to meet City street standards in the Greater Bozeman Area Transportation Plan 2001 Update; and from Section 16.14.040.A., to allow the sidewalk along West Babcock Street to be located 10 feet behind the existing curb instead of 1 foot behind the right- of-way line be approved, s. ubject to the following cOndition.s: Each subsequent phase of the subdivision shall be subject to preliminary plat and final plat review and approval,, but certain sections of the Environmental Assessment and Community Impact Statement may be waived subject to the approval of the City Engineer and the Planning Director. Applicant shall be made aware that subsequent abbreviated pre-application plans will be required for future phases of development in. Order to identify the needs and scope of the traffic analysis, required traffic calming measures, etc. That any Proposed subdivision signs (identification signs) must Obtain sign permit approval through the Planning Departmentas are subject to code provisions under Section 18.65. o That the applicant provide a common signage plan for said subdivision (subdivision identification, sign) depicting location, general style, limitations of graphic design, dimensions, materials, color, and method(s) of illumination, for review and approval by the Planning Department prior to filing the final plat for each phase. That the applicant shall be allowed one (1) temporary sign during construction. This sign shall be a maximum of thirty:two square feet and 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. o Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rightswill Only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). o The final plan for each phase, shall show the front, side, rear, and comer side yard setbacks for all residential lots subject to setback requirements effective at time of lot development or setbacks cOntained within Covenants. 01-22-2002 -21 - o 11. 12. 13. 14. 15. 16. 17. 18. 19. The final plat for each phase shall contain a note that basements are not allowed. Similar langUage shall be contained in the covenants as well. The landscaping plan for Phase I shall have the correct scale noted (1" = 100'). The proposed bike lane along the west side of Ferguson Avenue shall be appropriately stdped and marked. Per the County GIS Department, specific street names within the Valley West Planned Unit Development may have a conflict with existing County street names. Accordingly, the following names may need to be changed: VVestlake Drive, Martin Street, Foster Street, Doane Street, and McKinzie Street. Prior to filing the final plat for each phase, the applicant shall reconfirm or verify with the County GIS Department, County Road and Bridge Department, and City Engineer that all proposed names are acceptable in order to avoid duplication of nameS countywide, which may occur between preliminary approval of subdivision phase and filing of final plat. The common open space access strips and/or pocket parks shall be overlaid with a public access easement. Provisions within the covenants shall provide for the care and maintenance of these areas, which will ensure usability for the homeowners and general public. A declaration of covenants for Valley West Planned Unit Development must be included and recorded with the final plat for Phase I, which specifically includes the provisions from Section 16.34.030, as modified by the approved planned unit development, as well as provisions for owners' association maintenance of all applicable homeowners' association open space, pedestrian facilities, and stormwater facilities. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District, Parks Division, and the subdivider for the control of county declared noxious weeds and for erosion control along the stream channels for two growing seasons after relocation of the stream channel. A signed copy of this Memorandum of Understanding must be provided to the Planning Department. Applicant shall provide a soils report to the Building Division, recommending tYpes of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. The final plat shall conform to all requirements of the B°zeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall, be accompanied by ali required documents, including certification, from the City Engineer that as-built drawings for public improvements, a platting certificate, and all required and corrected certificates were received. The final plat aPplication shall include two (2) signed clothback (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Y~-inch floppy disk; and five (5) paper prints. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in. accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City 0'1-22-2002 - 22 - 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. All water and sanitary Sewer. infrastructure must be designed .and installed in accordance with the Montana Public Works Standards and City of Bozeman modification to these standards. All water main extensions must be looped with no dead end mains exceeding 500 feet. Phasing of infrastructure mUst. include year round acceSs to all infrastructure and appurtenances by the City Water and Sewer Department for maintenance. The apPlicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest CreatiOn of S.I.D.'s-for the. following improvements: a. -Signalization. of CottonwOod Road and Huffine Lane. " The document filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution fro'm the development or a Combination thereof. A detailed Traffic Study Report for the entire Valley west Development has been provided to and reviewed by the City Engineer's office. While specific comments regarding the analysis have been provided by the City Engineer to the developer's engineer, City Engineering staff are comfortable that development of Phase I may take place without adversely affecting the local street network. However, considering the degree of development currently, occurring along both the Babcock Street and Durston Road corridors and given that the City is already actively pursuing improvements to both of those roadways, it may be necessary to update the traffic study as part of the preliminary plat submittal for each phase subsequent to Phase I. The need for any traffic impact analysis updates ~vill be identified at the time of pre- application plan submittal for each subsequent phase. The final plat shall contain a note prohibiting direct access from single-family or duplex.lots to Durston Road, Ferguson Avenue,.or West Babcock Street. Luminaires (street lights) will be required at the intersection of West Babcock Street and Ferguson Avenue (northwest corner). Light height and type must be shown on the plans and specs.. Light must comply with design standards previously approved by City Commission. The applicant is advised that given that West Babcock Street is 40 feet wide and intended to have bike lanes on both sides, it is likely that parking will be permitted on one side only, with "No Parking"signs installed on the 'opposite side of the street with this project. The applicant is further advised that all pavement markings shall be inlaid thermoplastic or tape. The required improvements to West Babcock will be the responsibility of this development. The applicant is .responsible for installation of no parking signs and City approved pavement markings. The applicant is advised that the installation of any traffic calming devices such as curb bulbs and traffic circles will be considered in detail and approved if appropriate during the infrastructure plan and specification review process. All typical street sections, inclUding sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, 01-22-2002 - 23 - 30. 31. 32. 33. 34. 35. 36. 37. 38. unless otherwise approved bYthe City Commission, or by the City Engineer through the plan and specification review and approval process. Detailed review and approval of the concurrent construction plan will be part of the Phase I infrastructure plan and specification review process. Building permits may not be issued until the plan is approved. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The 'applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. Stormwater generated by the proposed subdivision which discharges to any privately owned ditch must have the written permission of the ditch owner. The developer's engineer has provided a comprehensive design report evaluating existing capacity of water and sewer utilities for the entire Valley West P.U.D.. Detailed review and approval of the design report will be required as part of the infrastructure plan and specification review and approval process. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. Plansand specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered, in the State of Montana 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. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the City Commission under the provisions of Municipal Ordinance Nos. 1532 and 1533, and all requirements of all those ordinances have been met. Any street rights of way which are within the boundaries of this subdivision and for which easements were provided with the Valley West Annexation Agreement shall be dedicated to the City on the final plat for this subdivision. 01-22-2002 39. 40. 41. 42. 43. 44. 45. 46. 47. - 24 - City standard curb, gutter.and sidewalk shall be provided alOng all streets in the subdivision, except along the linear parks. Per Chapter 16.14.040 of the subdivision regulations sidewalks will be installed at the time of the construction of the street improvements unless a vadance is approved by the City Commission. .. Plans and specifications for streets and storm drainage facilities, prepared and signed by a Professional Engineer (PE) registered in the'State of Montana shall be provided to and approved by the City Engineer. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparatiOn ~of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted.' No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless otherwise allowed by specific approval of the-City Commission under the provisions of Municipal Ordinance Nos. 1532 and. 1533. The Montana Department of Fish, Wildlife and Parks, SCS,. Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to plan and specification approval. ApPlicant shall provide a'point-by-point plot of footcandles, on no smaller than 8~ -inch by 11-inch paper or a polar distribution graph to show accurately the light distribution along the block lengths within each phase of development. This information shall be reviewed and approved by the Planning Department prior to final plat and PUD plan-approval for that particular Phase. The information will enable-the proper lighting to. be installed and no ovedighting of the residential neighborhood. The applicant is encouraged to vary light pole heights to offer a more pedestrian scale. In an effort to address concerns raised by the Parks and Recreation Advisory Board regarding usable recreational areas, the applicant shall'complete the Maynard- Border Ditch open space/park to Cascade Street. Within the Maynard-Border Ditch open sPace/park area, the applicant shall cOnstruct a small active play area (playground equipment and three picnic tables) on the southwest corner of the intersection of Cascade Street and proposed Vaughn Drive, pdor to filing the final plat for Phase 1. Details of this neighborhood park, including equipment type and material, shall .be provided with the Final Plan submittal for Phase 1 subject to review and approval by the Director of Facilities and Public Lands. With the filing of the final plat .and final plan for each phase, the applicant shall submit a master, plan for the open space/park areas contained Withinthat phase that defines'the major uses of the open space/park areas and-a plan for orderly development and preservation of these areas. This master plan shall include a long- term maintenance plan and maintenance .schedule for any mowing, fertilization, irrigation, weed control, and snow removal. That'the garage/alley lighting be restricted to a maximum lumen to be determined in conjunction with the Planning Department. All residential lighting.(non-street lighting) shall be illuminated with lightsthat meet the City's standard requirements. In addition, all outdoor residential lighting shall be free of glare, and shall be fully shielded or shall be indirect lighting. No lighting shall be beyond a property's lot line. No unshielded lights shall be permitted. No mercury vapor lights shall be permitted. 'Covenants of the development shall reflect these restrictions. For purposes of this paragraph,' the following definitions shall apply: 01-22-2002 - 25 - a) Fully shielded lights: Outdoor residential light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert; b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces; c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; and d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. 48. That, prior to issuance of a street cut permits, the applicant shall pay a one-time, non-refundable fee for future maintenance of the street cuts, with that fee to be calculated at the rate of $1.00 per square foot of replaced asphalt and deposited in the Street Maintenance Fund. If any street cut is larger than originally estimated, the applicant shall pay the additional amount prior to the service being accepted. 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. Appointments to boards and committees: (a) Audit Committee; (b) Board of Appeals: (c) Bozeman Area Bicycle Advisory Board; (d) Cemetery Board; (e} City-County Board of Health; (f) City Plannin(I Board; (.q) Fire Code Board of Appeals; (h) Pedestrian/Traffic Safety Committee; (i) Recreation and Parks Advisory Board; (j) Senior Citizens Advisory Board; (k) Tax Increment Financing Industrial District (TIFID) Board; (I) Transportation Coordinating Committee; and (m) Zoning Commission Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated January 16, forwarding the applications received for various boards and committees. Due to the late hour of the meeting, the Commissioners chose to delay appointments to all of the boards except those with meetings scheduled for later this week. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Jon Engen, John Gallagher, David Koltz and Sian Mooney be reappointed and that Alex Phillips be appointed to replace Scott Doss on the Bozeman Area Bicycle Advisory Board, all with one-year terms to expire on December 31, 2002. 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. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Buck Taylor be appointed to replace Patricia Butterfield as a citizen representative on the City-County Board of Health, with a three-year term to expire on January 3, 2005, and that Mayor Kirchhoff be appointed to serve as the City Commission representative, with a term to expire on January 5, 2004. 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. Appointments of Commissioner liaisons and members to various boards and committees Due to the late hour of the meeting, action on this item was deferred for a period of one week. 01-22-2002 - 26 - Appointment of Mayor Pro Tempore for 2002 and 2003 Due to the late hour of the meeting, action on this item was deferred for a period of one week. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Agenda for the County Commission meeting which was held today at 9:00 a.m. at the Belgrade City Council Chambers. (2) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today at the Professional Building. (3) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, January 23, at the Professional Building. (4) Commissioner Brown asked if next week's meeting is to start at 1:30 p.m.; City Manager Johnson confirmed that it does, noting that the afternoon will be devoted to a presentation from the Local Government Center. Adjournment - 11:42 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. STEV~N R. KIRCta. EIOFF, Mayor ~'//" ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 01-22-2002