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HomeMy WebLinkAbout2001-11-19 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 19, 200t The Commission of the City of Bozeman met in special work session and regular session in the Commission Room, Municipal Building, on Monday, November 19, 2001, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Director of Public Service Arkell, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. The special meeting was opened at 3:00 pm with the signing of the Notice of Special City Commission meeting. Work session - Zoning designations for Laurel Glen (156.96 acres located alonq the north side of Durston Road approximately t300 feet west of its intersection with Cottonwood Road) Senior Planner Skelton offered a bdef review regarding this application, noting Mr. Hinesley would like to move forward with this and is very comfortable with the mixed use concept. He would prefer to address the mixed use proposal dudng subdivision review and reserve a city block within each phase to create the mixed use as these blocks are developed. Mr. Skelton noted Mr. Hinesley does not plan to be the overseer of this entire project, principally because if its size. His primary concern is with the improvement of Durston Road during the first phase. Chris Budeski, Allied Engineering, 32 Discovery Ddve, said they believe they have a good mixed use plan. They have looked at some other subdivisions, which were approved recently, that do not include any mixed use, as in Harvest Creek. There are a vadety of lot sizes, which can accommodate duplexes, triplexes, and 4-plexes. Mr. Budeski pointed out the applicants will never have control overwhat is built on these individual lots; there is no way for them to control that. They are here this afternoon to ask the Commission for ideas and additional input, so they can finalize this zone map. The applicants want to try to keep the R-4 area in tact as much as possible because he wants to build another Morgan Creek-type development, which has been hugely successful. Commissioner Kirchhoff asked if the applicant plans to hold on to the R-4 properties and sell off the rest of the lots. Mr. Hinesley replied their desire is primarily to build out the two R-4 zones on the west side and sell off the rest. He said it is important to them to be able to build a number of buildings on one site to allow them to keep their crews working year round and keep their services located in one location. Building condo units in the same area also allows them to have a workable homeowners' association to maintain the condo project. Also the overall operation results in economy of scale for the project; including such costs as snow removal, landscaping, and solid waste removal, which enables them to keep the price of their units down. Commissioner Kirchhoff agreed Morgan Creek is a much needed and attractive development, which also provides the benefit of density. He also agrees building another Morgan Creek-type development is not a bad idea. But, some of the edge conditions at Morgan Creek are undesirable. He suggested the developer consider constructing dwellings above the parking units to increase the safety of the parking areas. Commissioner Frost suggested mixing in R-3a areas with the R-4 areas to lessen the density. Mr. Budeski agreed and said the applicant would be agreeable to changing the R-3 areas to R-3a. Mayor Youngman pointed out the Harvest Creek development happened before the new master plan, which is why they weren't required to have mixed-use. She encouraged Mr. Hinesley to set standards to welcome a vadety of home designs, colors, etc. 11-19-2001 -2- Commissioner Brown asked for confirmation that there will be no buildings over two stories high, even in the R-4 zoned areas. Mr. Budeski confirmed there will be nothing built over two stories high. Commissioner Frost suggested converting some of the R-3a portions into R-2, as a way to mix up the development. Commissioner Kirchhoffadded these aro design issues. For example, on Michael Grove Road there are some good 4-plexes and some 4-plexes that aren't so good. He said the Commission wants to eliminate what they've seen in this city as obstacles to a neighborhood. The key is how the street is addressed; neighborhoods are created with uniformity of setbacks. Mr. Budeski replied, saying a lot of that depends on the individual builder; they can only provide the tools. Commissioner Brown then inquired about a possible water problem in the south half of the property. Mr. Budeski responded they are digging 30 test holes next week to gather water and soil samples. Mr. Budeski noted the R-3 areas east and west of Baxter Creek are narrow and would be a great place for high-end, single-story condo projects, with back yards facing the creek. They also plan to do an enhanced wetlands aroa, possibly incorporating the pond that currently exists. He suggested they could have a tiered wetlands, with breeding boxes, creating a breeding area for waterfowl. Mr. Budeski continued, saying they have a groat amenity in Baxter Creek, which they might as well use and allow people to enjoy it as well. From an engineering point of view, Mr. Budeski pointed out, they need to lock in the location of the roads so they can build the infrastructure and utilities. They want to settle on a nice design, complete the engineering, and get started on the improvements. Commissioner Kirchhoff noted thero doesn't seem to be a basic block unit. Mr. Budeski responded there is on the east side of the development, where the primary east/west road is Annie Street; but with Baxter Creek running through the property, there cannot be a traditional grid system. They have tried to minimize the number of accesses onto the main roads; believing that in 20 years, this aroa will be surrounded by development. He pointed out that long roads become racetracks, and they believe streets need to be broken down to slow traffic speeds. Senior Planner Skelton noted this will need to be renoticed for the public hearing and will be scheduled as soon as possible. Mr. Budeski indicated that will give them the opportunity to incorporate the wetlands study. They would like input from the Public Works Department as soon as possible, noting they are proposing to construct Durston Road to Cottonwood Road to full city standards. Annie Street will be constructed with pedestrian/bike lanes on both sides, including parking, wide boulevards, and sidewalks. Break 3:57 pm Mayor Youngman declared a break from 3:57 pm until the start of the 6:00 pm regular session. 6:00 pm regular session The regular session was opened at 6:00 pm with the Pledge of Allegiance and Moment of Silence. Minutes - January 18 and February 7, 2000, and January 30, November 5, and November 13, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of November 5, 2001 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. 11-19-2001 -3- Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, January 30, and November 13, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items: Acceptance of Quit Claim Deed for 2.0$8-acre tract located in the SW 1/4, SE '/4, Section 18, T2S, RSE, and NW t/4, NE 1/4, Section 19, T2S, R6E, MPM - Marqaret M. Hausser Livinq Trust, 1102 East Kaqv Boulevard Authorize Mayor to siqn - Quit Claim Deed between City and Owenhouse Hardware Company 8-foot-wide strip of vacated North Ida Avenue extendinq northward from East Mendenhall Street Commission Resolution 3494 - Relatin.q to $2,315,000 General Obli;ation Bonds, Series 2001A, authorizinq the issuance and calling for the public sale thereof Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Ordinance No. 1550 - amend zoninq designation from "R-2a" to "R-O" on 15.20-acre parcel described as the north ±1,550 feet of Lot 5, StoneRid(le PUD Minor Subdivision No. 1 (alon~ west side of North 19th Avenue Ivin; between North 22nd Avenue and West Oak Street) Previously included in the Commissioner packets was a copy of Ordinance No. 1550, as approved by the City Attorney, entitled: ORDINANCE NO. 1550 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-2a" (RESIDENTIAL--SINGLE- FAMILY, MEDIUM-DENSITY DISTRICT) TO "R-O" (RESIDENTIAL--OFFICE DISTRICT) ON 15.20 ACRES LOCATED IN THE E~ OF NE1/4 OF SE% OF SECTION 2, T2S, RSE, P.M.M., GALLATIN COUNTY, MONTANA. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1550, amending the zoning designation from "R-2a" to "R-O" on 15.20 acres lying along the west side of North 19th Avenue between North 22nd Avenue and West Oak Street, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman. Those voting No, none. Ordinance No. 1551 - amending the Bozeman Municipal Code by adding new sections, 1.01.110 and 2.40.060, providinq for adoption under self-.qovernment powers all ordinances and regulations in effect on July t, 2001 and superseding state law to the extent inconsistent with Bozeman Municipal Code Section 2.40.010 Included in the Commissioners' packets was a copy of Ordinance No. 1551, as approved by the City Attorney, entitled: 11-19-2001 -4- ORDINANCE NO. 1551 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BYADDING NEW SECTIONS TO BE NUMBERED 1.01.110 AND 2.40.060 AS AMENDED BY UNCODIFIED ORDINANCE NO. 1537, PROVIDING FOR THE ADOPTION UNDER SELF- GOVERNMENT POWERS OF ALL ORDINANCES AND REGULATIONS IN EFFECT ON JULY t, 2001 AND PROVIDING FOR SUPERSEDING STATE LAW TO THE EXTENT INCONSISTENT WITH BOZEMAN MUNICIPAL CODE SECTION 2.40.010. City Attomey Luwe stated this is the final step in the transition from the municipal commission manager form of government to the commission manager form of government, with self-government powers. It will remove any doubt that any ordinances and regulations in effect on July 1,2001 are in effect now. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1551, amending the Bozeman Municipal Code by adding new sections, 1.01.110 and 2.40.060, providing for adoption under self-government powers all ordinances and regulations in effect on July 1, 2001 and superseding state law to the extent inconsistent with Bozeman Municipal Code Section 2.40.010 be provisionally adopted and brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. Ordinance 1552 - amending the Bozeman Municipal Code by adding chapter 11.01 to provide for the use of eminent domain powers and superseding MCA 7-5-4106 and the urban renewal law where inconsistent with this chapter Included in the Commissioners' packets was a copy of Ordinance No. 1552, as approved by the City Attomey, entitled: ORDINANCE NO. 1552 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED 11.01 TO PROVIDE FOR THE USE OF EMINENT DOMAIN POWERS AND PROVIDING FOR SUPERSEDING MCA 7-5-4106 AND THE URBAN RENEWAL LAW SET FORTH IN MCA TITLE 7, CHAPTER 15 PARTS 42 AND 43 WHERE INCONSISTENT WITH THIS CHAPTER. Staff Attorney Day-Moore reviewed this ordinance, highlighting the reasons for adopting it. She noted the City has the power to use eminent domain per state statute, even without this ordinance. State law has been changed to require the Commission to adopt a resolution of condemnation, which will require a public forum for people to address their concerns about a proposed action. After that hearing, the Commission has to determine whether or not the City has a genuine need to take the property. Ms. Day- Moore noted that in no way, shape, or form is this the first step in any condemnation action the City is planning to take. Nor is it a precursor to condemnation of property along West Babcock Street or Durston Road. Staff Attorney Day-Moore pointed out that one thing for future Commissions to look at is section 11.02.020, which requires future Commissions to consider any impact on critical lands or historic sites which might be under consideration of condemnation. Commissioner Frost suggested adding the word "structures" after "historical sites" in section 11.01.020. Staff Attorney Day-Moore replied she thinks "site" is broad enough to include buildings and structures, including the ground. Mayor Youngman reiterated this ordinance does not increase the City's power to condemn; it already has that power. It clarifies circumstances, creates procedures, and increases public involvement by the hearing process. Esther Nelson, 718 North 17 Avenue, stated she appreciates knowing that the City is not going to do anything on Durston Road now; but it doesn't allay the fears they have. The City should call a meeting 11-19-2001 5- and let the property owners know of its intentions. Somebody in the City owes it to the people to let them know what the plans are. She also expressed her concern about the public involvement in this ordinance. City Attorney Luwe suggested that anyone concerned about their particular property contact the City Engineering Department, and they will show them which properties are being considered for possible condemnation. However, the City cannot guarantee that, down the road, any property will not be considered for condemnation. Chris Nixon, 719 North Wallace Avenue, spoke regarding histodc structures, saying he personally believes it would make a number of people feel better if the term "historical site" were expanded to include other terms which are not as broad. Patti Love, 1214 Durston Road, asked when the issues of Durston Road and Babcock Street will be discussed. Staff Attorney Day-Moore stated that owners of property the City is interested in acquiring on Durston Road have already been notified. Condemnation on Durston Road could possibly begin within the next 3 to 6 months; with Babcock Street occurring sometime after that. This ordinance does not contemplate any specific condemnations. The City is hoping to be able to purchase the land, rather than condemn it. Commissioner Frost agreed Mr. Nixon's statement regarding expansion of terminology from"historical site" might be appropriate. Staff Attorney Day-Moore stated she typically prefers to include more specificity; but in this case she is concerned that the more specific the wording, the better the chance is that some historic element might be left out. Presently the definition can be made to fit what the Commission has in mind at that specific time. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1552, amending the Bozeman Municipal Code by adding chapter 11.01 to provide for the use of eminent domain powers and superseding MCA 7-5-4106 and the urban renewal law where inconsistent with this chapter be provisionally adopted and brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No. none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from the Gallatin County Guardian Ad Litem Program acknowledging Sergeant Darcy Dahle's hard work and dedication in wdting the Gallatin Project Grant. (2) Letter from Melanie Gutierrez regarding the lack of public transportation service in Bozeman. (3) Invitation to the Re/Max Real Estate Brokers and Steding Management Group's 1st annual press party and networking group held on Thursday, November 15th. (4) Updated schedule, dated November 8, 2001, of upcoming Planning Department projects. (5) Copy of a press release regarding the revision of Title 18 of the Bozeman Municipal Code. (6) Copy of a Public Notice stating that, due to the Thanksgiving Day holiday, City garbage crews will not be working on Thursday, November 22®. (7) 20th; to be (8) which is to (9) at 9:00 am Copy of a Revised Development Review Committee meeting agenda for Tuesday, November held at 10:00 am, in the Conference Room of the Alfred M. Stiff Building. Copy of the Open Lands Board of Gallatin County's meeting agenda for November 19th, be held at 7:00 pm in the Community Room of the Gallatin County Courthouse, Copy of the Gallatin County Commission Agenda for the November 20th meeting to be held in the Courthouse Community Room. 11-19-2001 -6- (10) Copy of letter from Michael Redburn, Superintendent of Bozeman Public Schools to the high school neighbors regarding the parking problems around Bozeman High School and how they plan to address those concems. (11) Copy of Memo from Carol Schott, Planning Secretary, announcing the cancellation of the Planning Board and Zoning Commission meetings for Tuesday, November 20, as there are no projects to review and no business to be conducted. Dudng his FYI, City Manager Johnson offered the following: 1) Polled the Commission regarding conducting the bus tour of City facilities the first two Saturdays in January. 2) The town meeting will be held after the tours. City Attomey Luwe offered these FYI items: 1) A new legal secretary, Cindy Hamon, has been hired effective today. She had been working as a temp in that office prior to her hire. Commissioner Kirchhoff noted the following dudng his FYI: 1) He has been invited to appear as a panelist at a land use conference, sponsored by the University of Denver, on March 7th and 8th. This is an annual conference of planners, developers, attorneys, architects, landscape engineers, and others involved in and interested in land use issues. He would be part of a 3-person panel taking questions from the audience regarding how to go through a successful land development process. He asked if this would be something that would be worth taxpayer dollars to spend for him to participate. The cost would be approximately $600, and he needs to know as soon as possible. All Commissioners supported Commissioner Kirchhoff attending this conference. During his FYI, Commissioner Frost noted the application for the grant for the Front Street pocket park in the northeast neighborhood needs to be submitted to the Fish, Wildlife, and Parks Department this week. The Parks and Recreation Board is supportive of this application. Chris Nixon, representing the northeast neighborhood, noted that if the deadline is missed this year, it will be two years before they can reapply. The Fish, Wildlife, and Parks Department has indicated an interest in the enhancement of this spring area. He noted the Beautification Board also supports this project. An hydrologist has written a letter regarding the spring, which has been degraded over the years. The northeast neighborhood wants to enhance this area that has been used for years as an illegal dump for abandoned autos, used tires, campers, and other unsightly debris. The northeast neighborhood is asking for Commission support of this first grass root neighborhood effort. Commissioner Smiley stated she would like to see the hydrologist report. Director of Public Service Arkell stated her department is supportive of the idea; but not the vacation of the right-of-way since it is unknown if it may be needed in the future. She pointed out that when the City vacates a right-of-way, the adjacent property owners get the property, not the public. It is hard to get the property back once it has been vacated. Plans show a water main being installed in this right-of-way this summer. A gravel trail will be put in after the water main is installed. Trees could be planted in the standard boulevard area, as well as natural grasses and shrubs. Commissioner Frost asked what the options are for this land to hook up with something else in the future. Director of Public Service Arkell answered the City currently has frontage on Tamarack Street, and it is possible Front Street frontage could be beneficial in the future. Commissioner Smiley indicated she needs more information before she can make a decision. Mayor Youngman suggested the Commissioners could say they are supportive of the idea; but they cannot take a stand until further research is conducted, which wouldn't commit them to anything. Mr. Nixon explained the Fish, Wildlife, and Parks Department understands the northeast neighborhood is in a time crunch; and they have indicated they are willing to accept a letter from the Commission stating they are supportive of only the idea at this point. The Parks Department accepts that development of these types of areas in right-of-ways doesn't have to be in perpetuity, and they are willing to grant money under that basis. Commissioner Smiley said she is concerned about the neighborhood's perception of perpetuity. 11-19-2001 7- Terry Sullivan, 625 East Tamarack Street and adjacent property owner, said her building is listed on the historic register and was erected before city roads were laid out. The only way to put a road in there is to tear down her building. And she has had assurances a road won't be built there if the building has to be tom down. Since there is not the width for a legal road available, there will never be a 40 or 50 foot road. Often cars, tires, and chunks of sidewalk from city repairs are dumped there; and as adjacent landowners, they constantly bear the expense of cleaning this up. The City says this is private land, but it isn't. Ms. Sullivan said this dumping is a major problem for them as private landowners, as well as an eyesore for the entire neighborhood. She wholly supports the inclusion of a letter from the Commission so the neighborhood can erect this pocket park. It is a win/win situation for everyone, since no city monies are involved. Commissioner Kirchhoff voiced his support of the proposal, realizing the Commission may have to withdraw support when all the information is received. Commissioner Frost supported Commissioner Kirchhoff's comments. Commissioner Smiley said she cannot support this at the current time. Mayor Youngman suggested sending a letter this week to the Fish, Wildlife, and Parks Department supporting the concept, while gathering more information regarding impacts to the city. Then the Commission can inform them regarding its ultimate support or not. Commissioner Brown agreed with that approach. Break 7:05 pm Mayor Youngman declared a break from 7:05 pm until 7:15 pm, in accordance with Commission policy. Public hearinq - Zone Code Amendment - Double S Holdings, LLC - to allow the addition of "restaurants servinq alcoholic beveraqes" to the list of conditional uses in the "M-I" zoninq district (MacKenzie River Pizza) (Z-01194) This was the time and place set for the public hearing on the Zone Code Amendment requested by Double S Holdings, LLC to allow the addition of "restaurants serving alcoholic beverages" to the list of conditional uses in the "M-I" zoning district as requested by MacKenzie River Pizza under application No. Z-01194. Mayor Youngman opened the public hearing. Included in the Commissioners' packets was a letter of opposition from John C. Shepard, dated November 2nu. Assistant Planner Caroline presented the staff report, noting this amendment would establish, as a conditional use, allowing restaurants to serve alcoholic beverages in the M-1 zone. Chris Nixon, 719 North Wallace Avenue, stated he is not opposed to the addition of an alcohol license in this particular case, but M-1 zones are not all alike. This may open up undesirable conflicts in other areas. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley noted she has concerns because there is so little M-1 property left; and if the Commission approves this, it will open up M-1 to more restaurants, which there is already zoning established for. MayorYoungman said the last paragraph of Mr: Shepard's testimony is very compelling, quoting the last two sentences of that paragraph which read, "Consider carefully that the few areas in the city zoned for Industry provide land on which primary-sector, employment-producing companies can be established. Lucrative alcohol-related retailers, who circulate dollars rather than create new wealth, will (be) increasing competition for M-1 land and may drive out even more jobs from the city". Mayor Youngman said she has been mindful of the fact there is not a lot of M-1 zoned land; and when it gets more expensive, development does not occur. The problem is not with this application, but the general effect on M-1 zones. She added that items 3, 10, and 12 of the criteria established by state law are not met. Commissioner Smiley stated she believes M-1 businesses have been driven to Belgrade because of the high cost of land in Bozeman. Therefore, she cannot support this application. 11-19-2001 -8- Mayor Youngman added she is not in favor of people consuming alcohol in an industrial area, noting that is not a good environment. Commissioner Brown agreed the criteria is not met by this application, and he reminded the Commissioners this will not apply to just this one particular applicant. City Manager Johnson noted the applicant can ask for a change to B-2 zoning. Commissioner Brown said he has some concems with serving alcohol in what is largely a carry-out facility; he doesn't want to encourage people to ddnk and drive. COmmissioner Frost agreed that changing the zoning would be deleting what M-1 property there is, and he also agreed with Mayor Youngman and Commissioner Brown that the three criteda are not being met. Commissioner Kirchhoff offered he is afraid this will increase the likelihood that M-1 districts will escalate in price and push out the principal uses, yet restaurants are a principal permitted use in the M-1 district. Mayor Youngman pointed out a liquor license will allow owners to pay more for land that couldn't be paid otherwise, which changes the competitive environment as well as the price of land. Commissioner Frost stated that for the reasons discussed, he cannot support this application. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Zone Code Amendment, requested by MacKenzie River Pizza under application Z-01194, to allow the addition of "restaurants serving alcoholic beverages" to the list of conditional uses in the "M-I" zoning district be approved. The motion was defeated by the following Aye and No vote: Those voting No being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman. Those voting Aye, none. Public hearinq - Preliminary plat for Baxter Meadows Subdivision - subdivide 460.291 acres described as part of the SW % and all of the SE % of Section 34, TIS, RSE, and the NE % of Section 3, T2S, RSE, MPM for mixed use development (bounded by Davis Lane, future Oak Street, Harper Puckett Road, and future Deadman's Gulch) (P-0123) This was the time and place set for the public hearing on the Preliminary Plat for Baxter Meadows Subdivision, to subdivide 64.66 acres of the 460.291 acres described as part of the SVV ¼ and all of the SE ¼ of Section 34, TlS, R5E, and the NE ¼ of Section 3, T2S, R5E, MPM for mixed use development, as requested under application No. P-0123. Distributed just prior to the start of the meeting were copies of a memo from Associate Planner Sanford regarding the street standards for Baxter Lane. Mayor Youngman opened the public hearing. Dale Beland, planner for this project, presented an overview of the staff report, stating the fast-track process is truly a transitional type of review. The Commission originally received the old plan, which must be used for review of this project, even though in the midst of this process the Commission has adopted the new 2020 Community Plan and directed staff to review existing zoning and subdivision regulations. Mr. Beland characterized this development as a significant project, adding it is the first time the City will have an opportunity to review a smart-growth project of this magnitude. He then noted Planning staff, the Development Review Committee, and Planning Board have all reviewed this application in light of the criteria established and recommend conditional approval of the 140 lot Baxter Meadows Phase I, that portion generally lying north of Baxter Lane, centered on Ferguson Road. This proposal is being made as a subdivision Planned Unit Development rather than a standard subdivision to allow for alternative street standards. This project is designed in accordance with the goals and policies of the newly adopted Bozeman 2020 Community Plan. Bill Kreager, Mithun Architects and Planners, 1201 Alaskan Way, Suite 200, Seattle, WA, offered a powerpoint presentation of this subdivision, calling it a "new urban, mixed-use neighborhood for 11-19-2001 9- Bozeman". This plan for phase I includes a 100-acre regional park in the southeast quadrant. The intent is to provide a mixture of seven development components. Included in the western portion of phase 1 is a series of equestrian estate uses, looped around a proposed 10-acre equestrian center and veterinary facility. To the east is more dense urban; typical single-family residences, cottage homes, which are unique because they focus the front on the pocket park, village homes, live/work units, which house retail/office space on the lower level and residential units above, condos, townhomes, a community center in the old barn, and a residence converted to an estate home. This project incorporates the use of roundabouts, which are intended to make the street system pedestrian fdendly and more Iow-scale in terms of speed. Regarding the zoning compliance of phase 1, he said it is difficult to isolate a particular piece and weigh an individual application solely on its own medts without realizing it is a whole. While they believe phase 1 complies with the necessary cdteda and does stand on its own, it is important to realize it is not intended to be a free-standing entity. He then pointed out the Planning Board has recommended exempting Latigo Avenue and Bozel Street from the street standards because they are intedor streets only, and they are designed to serve only the homes located on them. They have been designed to slow traffic because the intent is to slow all traffic down in neighborhoods that will house the bulk of the children of this subdivision. The desire is to keep kids on bikes off of the roads altogether by using the 10-foot combined pedestrian/bike lane. Dr. Geske, 155 Bison Trail, Double Diamond Vet Services, stated she is planning to open the veterinary clinic in Baxter Meadows. She said she has been looking for land in and around Bozeman to build a clinic for quite some time and is excited about this entire development. She is a small animal practitioner, whose interests lie in canine sports medicine and rehabilitation. She hopes to expand into equestrian rehabilitation, as well. James Nickelson, of Morrison-Maierle and representing the City Engineering Department, addressed the issue of bike lanes versus combined bike/pedestrian lanes. Per Associate Planner Sanford's memo of November 19, 2001, there is a discrepancy between the 2020 Community Plan and the Transportation Plan for the street section on Baxter Lane. Staff is seeking direction as to the Commission's desire on this. The following discussion, regarding conditions, pertains to those conditions listed in the Planning Board Resolution, number P-0123. Referring to Condition 8, street sections, Mr. Nickelson said it is acceptable to City Engineering staff as written. The City does not support the alternative ditch sections mainly because of maintenance concerns. Mr. Kreager clarified the ditch section provides a more rural feel and is only applicable in the equestrian center area. Mr. Nickelson referred to Condition 21, regarding the emergency access from Riata Road to Baxter Lane, saying that, upon further review, the City Engineer requests the maintenance of this gravel road be undertaken by the homeowners' association, rather than the City. Regarding Condition 51 and the dead-end on Latigo Avenue, Mr. Nickelson noted the City Engineer feels, that while the Fire Marshall may find the dead-end is fine, he is concerned with garbage and delivery truck access and snow removal; and, therefore, recommends following the subdivision code for cul-de-sacs or t-turns. Mr. Nickelson, addressing Condition 19, improvements to Baxter Lane, noted the condition requires full improvement adjacent to phase 1 and no improvements from the transition point past Ferguson Road to the west. However, Engineering feels it is important to get half-street improvements past Ferguson Road. Gary Swanson, Peccia and Associates, stated he has concerns with several conditions. Condition 19, they would like to end the improvements just on the other side of Ferguson Road because those improvements are not necessary for phase 1 because the only homes affected will be those in cul-de-sacs. They will finish the improvements with subsequent phases of development. Regarding Condition 20, stating the sewage lift station shall be maintained by the City and reimbursed by the property owners' association, Mr. Swanson said that since the City will be taking over 11-19-2001 10- the ownership of these facilities, and the developer is paying for the construction and infrastructure, they believe that if the City is going to take over ownership, it should also be responsible for the maintenance costs of the lift station. Mr. Swanson, referring to Condition 21, stated there is an existing read, Flanders Mill Road, that they propose to improve to make the connection for emergency access. Regarding Condition 35, Mr. Swanson said the way the sewer system is laid out, the main trunk line running down Ferguson Road is to serve everything to the west. They propose to extend the trunk line across Ferguson Road in phase 1 to allow the development of the quadrant to tie into the sewer line. Condition 36, requiring access to all proposed manholes by the City's large flusher truck, was addressed by Mr. Swanson, saying their area of concern is the pocket parks. There will be manholes and sewer mains within the pocket parks, and they are concerned with how to access those. They propose putting in some sort of solid surface to allow access to the manholes, so the grass would not be damaged. Mr. Swanson suggested meeting with staff to come to an agreement on that surface. Mr. Swanson continued to Condition 39, regarding the extension of the water line in Riata Road to the north, stating Riata Road goes around the equestrian center; and they have designed a water line that would start at the property boundary and continue up beyond phase 1, connecting to the City of Bozeman's system. They want to temporarily end the line with a flusher hydrant, and they are asking for Commission direction as to if this is acceptable. Mr. Swanson then addressed Condition 45, saying they have met with the ditch companies; and the ditch companies feel that since this property is being annexed into the city, the City should make the proposals for any ditch relocations that might occur. Condition 49 was then highlighted by Mr. Swanson. Since the developers do not own anything on the south half of Baxter Lane, they don't want to be responsible for anything they don't have control over. Referring to Condition 50, maintenance of the alleys, Mr. Swanson offered it is their understanding that the homeowners would handle snow removal. However, they do feel that if the alleys are constructed to a full 20 feet, further maintenance of the alleys should be assumed by the city. Mr. Kreager added that the national standards for newly developed alleys are 14 feet, but the Bozeman Fire Marshall has stated he needs 20 feet for emergency vehicle access. The developer is willing to go to the 20 feet if required. Mr. Swanson, referring to condition 70, stated they need the right to relocate ditches as necessary to facilitate the construction of the subdivision. They do agree to provide the same amount of water historically conveyed by those ditches. Mr. Kreager addressed Condition 60, saying Anne Banks, of the Recreation and Parks Advisory Board, has sent her written approval of the pedestrian trails and open space areas. The total public open space included in phase 1 is 24 percent, minus the 100-acre park. There has been concern expressed that this development is dependent on the 100-acre park for recreational facilities. If the 100-acre park doesn't come to pass, the developer will pick up the required open space in subsequent phases of development. Commissioner Kirchhoff asked for clarification on how much open space there will be, excluding the 100-acre park. Mr. Kreager stated that in phase 1, 24 percent is public open space. He assured Commissioner Kirchhoff the entire community will eventually reach the required 30 percent open space. Break 9:03 pm Mayor Youngman declared a break from 9:03 pm until 9:15 pm, in accordance with Commission policy. Chris Nixon, 719 North Wallace Avenue, said this seems like an exciting project and development. This project appears to include a lot of what the public has said they want to see in new residential development. He noted the tree boulevards are 7 to 8 feet, and the new elm trees have a much larger trunk 11-19-2001 -11 - area, which will require an expanded boulevard width. He also said he would like to see sidewalks in the cul-de-sacs in the equestrian area. Referring to Condition 20, Mr. Nickelson stated it is staff's opinion that requiring the homeowners' association to pay for the maintenance of the lift station facility is fair and equitable. Otherwise, users not connected to the lift station would have the undue burden of paying for this facility. In regard to Condition 38, Mr. Nickelson said the City Engineering Department and the Water Superintendent desire the loop, which will make the application comply with city regulations. It will provide for redundancy for fire flows and will make it accessible to other adjacent properties as required by subdivision regulations. Mayor Youngman asked if the City has required looping in other subdivisions that have been built in phases. Water Superintendent Certalic responded yes, the City has. Jerry Williams, developer, objected to the extra expense of extending Baxter Lane beyond Ferguson Road, saying potentially only a dozen houses will be built there and to put a water line, street, curb, gutter, and sidewalk in will add potentially $10,000 per lot. It will put an undue burden on them and will cause the price of houses to go up, thereby negating the affordability of the homes. He asked the Commission to take a hard look at forcing him to do a huge amount of work, at a huge expense, which will benefit nobody. Mr. Williams then objected to throwing the burden of the lift station maintenance on the homeowners' association, saying they will be bringing in a large amount of tax dollars, which should more than offset those maintenance costs. Also, since he was talked into annexing this property by the City, he expects the City to take over responsibility of this project in its entirety. Regarding Condition 19, Commissioner Frost asked if the Commission would want to make continuing Baxter Lane to the west a condition on phase 2, rather than phase 1. It seems phase 2 might be a more appropriate time to do so. Mr. Kreager proposed that during phase 6, the last phase, would be the most appropriate time. He suggested it would be appropriate to open the discussion at the time additional houses are built to the west. Commissioner Frost stated there needs to be criteria set for the extension of that road, such as if the adjacent landowners subdivide and develop their property, it would be accessed by more people and would need to be improved. If not, it can remain as proposed. Mr. Beland pointed out the City Engineer is proposing the retention of the policy requiring full improvement. Commissioner Kirchhoff agreed that service levels need to be the extension criteria. Mr. Nickelson offered that would be quite cumbersome; saying if the Commission desires to do that, it should be added during the PUD. Director of Public Service Arkell noted that at the time the property to the south develops, this developer may not be here; therefore, it would fall onto the property owners as an SID. Commissioner Kirchhoff stated he believes the Commission should go with the City Engineer's suggestion to get the improvements done now. Commissioner Frost said he doesn't think that is an efficient thing to do. The road is in place now, and it should only need to be extended if there is additional traffic. Mayor Youngman added she doesn't favor the SID approach because it tends to delay things so long. Mr. Williams offered he would be agreeable to making improvements to Baxter Lane a condition of phase 6. Commissioner Brown asked which phase number the proposed regional park is included in. Mr. Kreager responded it is proposed to be done during Phase 5, but it really is outside of the phasing process. City Manager Johnson then asked when the park can be sold. Mr. Williams responded the last information he has is that closing will probably occur in January, but he hopes to have a commitment by the end of December. City Manager Johnson inquired about the two cul-de-sacs of estate homes located just off of Baxter Lane and Riata Road. Mr. Beland stated they are included to make the equestrian center a neighborhood that is self-contained. Mr. Johnson responded it would solve the water line problem if those two southern- most cul-de-sacs were deleted. Mr. Williams agreed, saying he would prefer to drop those cul-de-sacs out of this phase and include them in a subsequent one. Mr. Nickelson pointed out the water facility plan requirement is for the installation of a 12-inch line in Baxter lane, and the extension to adjacent land is required in the subdivision regulations. Ryan Mitchell, Peccia & Associates, responded the water main is proposed to be looped. When they construct phase 6, 11-19-2001 -12- they want to be able to tie into that water main. The 12-inch main in Baxter Lane won't loop into anything else in this project, so they won't be using any of that required water main for this development. Mr. Kreager suggested modifying condition 19 to read, "Baxter Lane shall be fully improved to the appropriate typical section where adjacent to phase 1. Where phase 1 includes only one side of Baxter Lane, one half of the appropriate typical section plus an additional 11-foot driving lane and 5-foot paved shoulder shall be provided as development occurs to the west of Flanders Mill Road. The remaining half street section improvements continuing to the west end of phase 1 will be subject to waiver of dght to protest creation of SIDs per Condition 53." All Commissioners agreed to amend condition 19 to reflect the new language. Mr. Beland stated he will have the applicant amend the application to accurately state what is actually deleted. Mr. Kreager cladfied they will amend the application for phase 1 to delete the portion of Riata Road that is southwest of the intersection of Riata Road and Equestrian Lane, together with the two cul-de-sac neighborhoods served by Riata Road. Condition 21 will be deleted. Referring to Condition 20, Director of Public Service Ad(ell pointed out lift stations are expensive to maintain, and they also require a lot of man hours to maintain. Those costs are borne by all rate users in the city., rather than just those who rely on the lift station. It would be easy to determine which properties are going to be dependent on the lift station and access a surcharge every month for the maintenance of the lift station, so those who use it will continue to pay for the upkeep and maintenance of that lift station. Commissioner Kirchhoff asked if the surcharge would continue until the lift station is removed. Ms. Arkell replied the surcharge would last as long as the lift station lasts. In response to this, Mr. Williams announced his intention to withdraw this annexation agreement, saying he has been frank since day one that he will not accept this condition. Mayor Youngman asked which properties will be dependent upon the lift station in phase 1. Mr. Swanson responded all of phase 1, as well as some properties in later phases, will be reliant upon the lift station. Commissioner Brown then asked how the surcharge would be determined. Water Superintendent Certalic answered the manufacturer and developer can calculate those costs. Mayor Youngman noted it is not equitable for city taxpayers to bear the cost of development in an area that cannot receive water downhill. She then pointed out the developer asked for less than standard city policy on condition 19; and the Commission agreed to modify that condition, adding that will save the developers money. She said she agrees with staff on this condition, and this condition is not negotiable with her. Mr. Williams responded his answer has been the same since day one. They are paying to have the lift station put in, and the City is going to be collecting additional tax revenues from phase 1. Those additional tax monies should be sufficient to pay for the maintenance of the lift station. Mayor Youngman answered by saying the residential development is not going to be self-supporting, while the commercial development may be. Mr. Williams reiterated his stance that this condition is absolutely unacceptable. Mayor Youngman pointed out the Commission has yielded for his benefit on other things, but it will be hurting city taxpayers to give in on this one. Therefore, she is not comfortable yielding on this condition. City Attorney Luwe suggested condition 20 should read "The property owners dependent on this lift station shall consent in writing to a surcharge to cover the costs of operation and maintenance of the lift station, which consent shall be binding on successor and assigns". Mr. Williams then agreed to the wording of condition 20, as suggested by the City Attorney. City Attorney Luwe provided the wording for condition 31, to read as follows: "City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property and adjacent to any parks, common open space, or other individual private lots, or constructed prior to final plat approval unless appropriate financial guarantee, approved by the City, is entered and provided by applicant". Conditions 21, 38, and 50 have been deleted, per Mr. Nickelson. City Manager Johnson inquired if there is going to be residential sprinklers required. Mr. Kreager replied the east side of Gallatin Green will be sprinkled. 11-19-2001 -13- Referring to condition 51, Mr. Kreager said the developer will agree to the 20-foot alley width, as proposed by the City Fire Marshall. Mayor Youngman asked if it would be feasible to go with the 16-foot alley width and modify the comers. Mr. Kreager stated he believes the Fire Marshall is erring on the side of life safety. He stated they would be willing to entertain different dimensions if they were pre-approved by the Fire Marshall, City Engineer, and the Commission. Commissioner Brown said it seems to him this condition, as written, could allow that negotiation. Therefore, he suggests leaving it as it is written. After polling the Commission, Mayor Youngman noted the record should formally state that the Commission is comfortable with allowing 16-foot alleys, if they can be worked out with approval by the proper authorities. Mr. Nickelson suggested 16-feet of paved alley surface with 2-feet of gravel on either side. Engineering staff is concerned with 16-feet paved surface and only grass on either side. Mayor Youngman inquired as to how much of the site contains "touchy soil types". Mr. Swanson responded he didn't know off the top of his head, but he will provide a map that is clearer and will answer any questions regarding that in writing. Extensive soil studies have been conducted, and they have come up with three foundation designs based on the soil types. Commissioner Brown asked what is the static level and what time of year was it measured. Mr. Swanson noted the groundwater will fluctuate depending upon the time of year. They have numerous monitoring wells on site and have over a year's worth of data. They have some areas that have registered higher than 2.1 feet. "Static" refers to the water level when it is not being pumped or when a dewatering operation is in progress. Mayor Youngman stated, and all Commissioners agreed, that Baxter Lane and Ferguson Road should have bike lanes included on the street, in accordance with Bike Board preferences. Mr. Kreager stated they firmly feel that they want to do everything possible to keep kids off of the street and on the off- road bicycle trails. If they include an additional 10-feet of pavement on the street, the developer feels they will see faster traffic speeds on those streets. Mr. Kreager pointed out the developer intends to take over the trail maintenance so the trails will be usable all year long, so the kids will stay off of the streets. Mr. Mitchell ointed out that street roundabouts are not friendly for bicyclists, since they cannot go through the roundabouts. The concern is the increased chance for vehicular/bike/pedestrian accidents. There will be more room on the bike/pedestrian paths. Commissioner Kirchhoff suggested consulting the Bike Board for their recommendation on this issue. Mr. Nickelson suggested the Commission make a strong recommendation, not leaving it up to the applicant to resolve the issue of bike lanes because the next applicant could do differently. Commissioner Smiley noted Valley Center Drive is going to have a bike lane built by the state. These bike lanes need to coordinate to some degree to be a commuter route to get into town. Mr. Nickelson then referred to the ditch section in the equestrian area, and City Manager Johnson asked why there shouldn't be a ditch walk. Mr. Nickelson replied this is a different type of street, and the City is not in a position to maintain that type of street. Director of Public Service Arkell added subdivision regulations require city-standard streets; and if that is not done, then the streets need to be privately maintained. Without a curb and gutter, the edges of the pavement break up, creating maintenance problems. Commissioner Brown said he favors requiring city-standard streets, as did Mayor Youngman. Commissioner Frost pointed out that if the developer wants something other than a city-standard street, they can provide a private street and maintain it accordingly. Mr. Nickelson stated his agreement with that. The Commissioners agreed to revise condition 8 to include an option to substitute private streets in the equestrian center, if the developer desires. Commissioner Brown stated he has a problem with that because it hasn't worked in other areas. People have said they are taxpayers, and they are not going to pay to maintain their street. Mr. Kreager advised if that is written as a part of the deed restriction, the property owners cannot protest. 11-19-2001 -14- Regarding Condition 18, Mr. Nickelson questioned the timing of the improvements to Baxter Lane between North 19th Avenue and Davis Road. The traffic impact analysis recommends widening the street including 5-foot shoulders, but the applicant notes those improvements should not be required, based on traffic volumes, until Phase 3. Mr. Nickelson said he recommends striking the clarification language in condition 18 and adding the phrase 'improvements to Baxter Lane between North 19th Avenue and Davis Lane are not be required in Phase 1". Mr. Nickelson then addressed condition 77, the proposal to eliminate the connection between Baxter Lane and Latigo Road, noting staff recommends a cul-de-sac or turnaround at that point, in accordance with subdivision regulations. Mr. Kreager replied it seems like overkill to install a cul-de-sac for only four houses. Commissioner Frost stated he was in favor of not requiring the cul-de-sac. Mr. Nickelson responded garbage collection and snow removal are the issues. The Commissioners agreed to the wording "If approved by the Bozeman Fire Marshall, plans for the design and construction of the proposed dead end for Latigo Road should be submitted to City staff for review and approval prior to construction", for condition 77. Condition 79 should read "North 19"' Avenue", rather than North 10th Avenue. The Commissioners agreed to add condition 81, which reads, "The landowner agrees to provide the City with a payback of $15,000 per the payback schedule dated May 10, 2001 for the North 19th Avenue/Baxter Lane signalization. Of this total payback, the landowners agree to pay $2,072 to the City prior to final plat approval for Phase 1 of the development". Mr. Kreager noted that since 13 lots and 500+ feet of Riata Road have been eliminated, it will be necessary to submit a boundary line adjustment, which will be part of the final plat application. The Commissioners agreed to add that as a condition of approval. Since there were no Commission objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the preliminary plat for Baxter Meadows Subdivision, Phase I to subdivide 64.66 acres, located within the 460.298 acres bounded by Davis Lane, future Oak Street, Harper Puckett Road, and future Deadman's Gulch, for mixed use development be approved subject to the following conditions: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater-receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical storm water detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and streets, prepared by a Professional Engineer, shall be 11-19-2001 -15- 10. 11. 12. 13. provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed pdor to final plat approval. 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 provisions of Municipal Ordinances Nos. 1532 and 1533. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. Project phasing shall be cleady defined including installation of infrastructure. The Traffic Impact Analysis prepared by Robert Peccia & Associates, dated October 2001, shall be updated and made a part of the application materials submitted for approval of each and all subsequent phases of subdivision. All ty.p!cal street sections, including sidewalk location within the right-of-way and prows~ons for bicyclists, shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, with the exception of Latigo Avenue and Bozel Street, unless otherwise approved by the City Commissionl or by the City Engineer through the plan and specification review and approval process. Private streets in the equestrian center may be substituted if the developer desires, subject to approval by the City Engineer. The street section for Latigo Avenue and Bozel Street is shown on Baxter Meadows Phase 1 -- Exhibit .... C"", dated 11/14/01. A variation from the lot access (frontage) standards in the Municipal Code shall be granted by the City Commission to allow pdmary lot access off alleys. Snow removal responsibility in alleys used as primary vehicular access to lots shall be private. The final plan shall coordinate the proposed landscaping with the proposed water and sewer utilities in a manner acceptable to the City Water/Sewer Superintendent. The applicant is advised that the water and sewer infrastructure required for each phase of development shall be subject to further review and approval. The preliminary plan shows public sidewalks crossing onto Town Home lots. The final plan shall identify such sidewalks and show proposed easements. The final plat for each phase shall grant access easements to the public at these locations. All provisions of the Baxter Meadows Annexation Agreement relating to ""filing of any final subdivision plat, final site plan approval, or the issuance of any building permit .... shall be met, as agreed. 11-19-2001 -16- 14. 15. 16. 17. 18.¸ 19. 20. 21. 22. 23. 24. 25. 26. Sufficient rights-of-way shall be dedicated and/or acquired as necessary for construction of the proposed modern roundabouts. The modem roundabouts shall be designed by, or peer reviewed by, a professional engineer with roundabout design experience, as determined by the City Engineer. A street and traffic control signage plan for the subdivision shall be prepared and implemented upon review and approval by the City Engineer. One-foot wide ""no access"" stdps shall be placed along Baxter Lane, as appropriate to preclude direct lot access onto Baxter Lane, excepting the two accesses to Lot 142 shown on the site plan. All of the recommendations made in the Traffic Impact Analysis for the Baxter Meadows Development by Robert Peccia & Associates, dated October 2001, shall be implemented with Phase 1 unless specifically identified to be completed with a later phase. Two exceptions are noted: No improvements to the intersections of Oak Street and Baxter Lane with North 19th Avenue must be completed with Phase 1; and A decision regarding on-street parking restrictions, if any, on the Baxter Parkway will be made by the City at a later phase. c. Improvements to Baxter Lane between North 19th Avenue and Davis Lane are not required in Phase 1. Baxter Lane shall be fully improved to the appropriate typical section where adjacent to Phase 1. Where Phase 1 includes only one side of Baxter Lane, one half of the appropriate typical section plus an additional 11-foot driving lane and 5-foot paved shoulder shall be provided as development occurs to the west of Flanders Mill Road. The remaining half street section improvements continuing to the west end of Phase 1 will be subject to waiver of right to protest creation of SIDs per Condition No. 53. Maintenance of on-site areas and facilities such as the sewage lift station, alleys, pocket parks, equestrian open space, etc., shall be provided as proffered in the application materials, with the exception that the sewage lift station shall be operated and maintained by the City with the costs of said maintenance being borne by the Property Owners' Association. The property owners dependent on this lift station shall consent in writing to a surcharge to cover the costs of operation and maintenance of the lift station, which consent shall be binding on successors and assigns. A temporary tumaround shall be provided at the east end of the Equestrian Lane improvements. All street names are subject to approval by the City Engineer. The sidewalk along the east side of Lot 107 shall be extended to the walk on Baxter Lane. The lot numbers on the final plat shall utilize a block and lot numbering scheme as required by Section 16.14.030 E. of the Bozeman Subdivision Regulations. Prior to filing of the final plat a site plan, complying with the requirements of Section 18.52.030 of the City zoning ordinance, for Lots 1 through 27 shall be submitted for review and approval. The applicant shall provide easements, in a form acceptable to the city, for all on and off site sewer and water improvements. All water and sewer main easements shall be a minimum of 30 feet wide. 11-19-2001 -17- 27'. 28. 29. 30. 31. 32.' 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. Easements shall be provided for all offsite drainage facilities. Utility easements shall be granted on the final plat in accordance with the requirements of Section 16.14.050 of the City Subdivision Regulations. The applicant shall obtain encroachment permits for all utilities proposed to be installed in a County dght of way. City standard residential sidewalks shall be constructed on all public street frontages of a property pdor to occupancy of any structure on the property, and adjacent to any parks, common open space or other individual pdvate lots, or constructed pdor to final plat approval, unless appropriate financial guarantee approved by the City is entered and provided by applicant. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. Provisions for extending sewer mains to adjoining unsubdivided land shall be made in accordance with Section 16.14.100 D of the City Subdivision Regulations. All proposed manholes must be accessible to the City"s large flusher truck. The applicant shall submit an all weather access plan with the project infrastructure plans subject to approval by the City Water/Sewer Superintendent. The proposed sewer service lines to Lots 1 through 27 are unacceptable as shown and shall be modified with the infrastructure plans. The water line in Riata Road near Lot 137 shall be extended to the north to tie into the proposed water line in Ferguson Road. The water system shall be looped and be connected to the existing 12-inch water line in Deadman"s Gulch Road or Catron Street and the existing water line in Oak Street. The subject water systems must, at a minimum, be sized in accordance with the City"s master-planned line sizes provided in the current Water Facilities Plan. The proposed water service lines to Lots 1 through 27 are unacceptable as shown and shall be modified with the infrastructure plans. An access road, acceptable to the City Water/Sewer Superintendent, shall be constructed to service all on and offsite water improvements. As part of the infrastructure plan submittal, 100-year flood elevations shall be computed for the Spring Ditch and the Baxter-Border Ditch, and the limits of flooding identified. If flooding limits encroach onto proposed lots, this shall be noted on the final plat along with a minimum floor elevation for the structures to be constructed on the lots. The Property Owners" Association shall be responsible for the maintenance of all stormwater facilities constructed for the project. The applicant shall obtain permission from the appropriate ditch companies to discharge storm runoff into the ditches and for any relocation(s). All ditch easements and setbacks shall be shown on the final plat. The infrastructure plans shall include a detailed grading plan identifying the elevation of all proposed structures. 11-19-2001 -18- 43. 44. 45. 46. 47. 48. 49. 50. 51. Watercourse setbacks in accordance with Section 16.14.130 of the Bozeman Subdivision Regulations shall be shown on the final plat. In locations where Baxter Lane is being improved, the vadous irrigation ditches and stream-ditches shall be either relocated outside of the right-of-way or placed in a pipe. The alley streets shall be paved to a minimum width of 16 feet, unless required to be 20 feet by the Bozeman Fire Marshal. The major street intersections on Baxter Lane must be illuminated with lights that meet the City"s standard requirements. In addition, all outdoor lighting (residential, commercial or otherwise) shall be free of glare, and shall be fully shielded or shall be indirect lighting. No lighting shall be beyond a property lot line. No ranch lights or 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: Fully-shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. 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 momentary blindness. Outdoor lighting: The night-time illumination of an outside area or object by any man-made device located outdoors that produces light by any means. The applicant shall submit waivers of dght to protest special improvement districts (SIDs) for the following future improvements: Deadman"s Gulch/North 19th Avenue signal improvements, Baxter Lane east of Ferguson and North 19th Avenue improvements. If the applicant chooses to proceed with concurrent installation of improvements and construction of the project, per Bozeman City Ordinance Nos. 1532 and 1533, a detailed plan must be prepared by the applicant and submitted to the City for review and approval that all of the terms and conditions of the applicable ordinances have been met prior t° the issuance of any building permit. The landowner shall execute the Annexation Agreement for said property and the City Commission shall formally adopt the request for annexation by resolution prior to the applicant submitting for final plat review and approval. The landowner shall address the necessary contingencies of the Zone Map Amendment application to establish an initial municipal zoning designation of ""RS"", Residential Suburban District, ""R-3", Residential Medium-Density District, and ""BP", Business Park District, on the subject property, and the City Commission formally adopt the zone map amendment by ordinance prior to the applicant submitting for final plat review and approval. The final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Five (5) blue line paper prints and four (4) mylar copies of the final plat must be submitted for final plat approval, 11-19-2001 -19- 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. along with a digital copy of the final plat, on a double sided, high density 3%Y~inch floppy disk. The applicant shall obtain Montana Department of Environmental Quality approval of the subdivision pdor to final plat approval pursuant to Sections 16.16.101 through 16.16.805 A.R.M. The applicant shall submit to the Planning Office revised protective covenants, restrictions and articles of incorporation based on the comments outlined in the staff report, at least thirty (30) days prior to submitting an application for final plat, for review and approval by the Planning Office, which shall be recorded and filed at the Gallatin County Clerk & Recorder"s Office with the final subdivision plat. The applicant shall obtain wdtten approval from the Bozeman Recreation and Parks Advisory Board regarding the final design and location of the public pedestrian trails and dedicated parkland(s) for said major subdivision prior to final plat approval. The applicant shall submit a formal development plan for the design of the dedicated parkland(s) for review and approval by the Superintendent of Facilities and Lands, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. The applicant shall submit detailed parking plans for review and approval as part of the final site plan process. The applicant shall submit a common signage plan for the Phase 1 property that complies with the Bozeman sign ordinance for approval by the Planning Office prior to final site plan approval. Utility easements as prescribed by the Subdivision Regulations be delineated accordingly by dimensions on the final plat. The final plat shall contain the minimum twenty (20) foot wide utility easements on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all local utility agencies and the Director of Public Service agree in writing that utilities can be installed in the proposed utility easements along the front and rear of the residential lots or other proposed easements and that utility easements along the side property lines are not necessary. The final plat shall contain the following language that is readily visible with lettering on the plat at a minimum width of 1/4-inch in height, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office: ""Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than (3) three feet below the top of the curb or crown of the street from which it is served.'"' All street names shall be reviewed and approved by the County Road and Bridge Department and City Engineering Department. 11-19-2001 - 20 - 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. The applicant shall provide usable water rights, or cash in-lieu of water rights thereof, in the amount to be determined by the Director of Public Service, prior to final plat approval. Pdor to filing of the final subdivision plat the applicant must provide written documentation of an approved Memorandum of Understanding from the County Weed Control District verifying the implementation of a noxious weed management and revegetation plan. The final plat shallcontain a notation stating that the development of each phase of the subdivision will not interfere with any agricultural water user facility or irrigation ditches for downstream water user rights, but may allow for relocation of ditches with concurrence of the respective ditch company, and that it also be noted accordingly in the by-laws and protective covenants for the homeowners" association. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers will need to be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained pdor to final site plan approval, unless the applicant"s professional engineer states in writing that said permits are not required with this subdivision proposal. The applicant shall prepare a cultural resource survey of said property if requested by the Montana Historical Society with documentation of a written response of approval from the historical society included with the final plat application for review and approval by the Historic Preservation Officer. The applicant shall ensure that all construction material and other debris is removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. The applicant shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements. The applicant shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for said subdivision. The applicant shall submit with the application for final plat review and approval of Baxter Meadows Phase 1 Subdivision P.U.D., a written narrative stating how each of the conditions of preliminary plat approval have been satisfactorily addressed. If approved by the Bozeman Fire Marshal, plans for the design and construction of the proposed dead end for Latigo Road should be submitted to City staff for review and approval prior to construction. The proposed roundabout at Baxter Lane and Ferguson Road shall be fully improved with the initial phase of the subdivision unless otherwise approved by the City Commission. The design of the roundabout shall be completed with the first phase and right-of-way, as determined by the design, shall be dedicated on the final plat, contingent upon acquisition of right-of-way by the applicant. A 20-year design life shall be used for the street and roundabout improvements. Pursuant to the recommendations of the project Traffic Impact Analysis prepared by Robert Peccia & Associates, any damage of Baxter Lane from the intersection with 11-19-2001 -21 - North 19th Avenue to the entrance to the project, caused by project construction activities, shall be repaired by the applicant. The applicant shall agree to repair any damage within one week of notification by the City that repairs are required. The applicant shall post a bond of $10,000, or other security acceptable to the City, with the City to assure that the work is completed. 74. Any unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 75. The landowner agrees to provide the City with a payback of $15,000 per the payback schedule dated May 10, 2001, for the North 19th Avenue/Baxter Lane signalization. Of this total payback, the landowners agree to pay $2,072 to the City pdor to final plat approval for Phase 1 of the development. 76. That the developer submit a boundary line adjustment for Phase 1 along the southem edge of the equestrian center (northern edge of Riata Road) which will become part of the final plat application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Public Hearinq - Conditional Use Permit for Planned Unit Development - Baxter Meadows Planned Unit Development, Phase 1, to allow for SS-acre mixed use development to include up to 156 residential dwellinq units (Z-01204) This was the time and place set for the public hearing on the Conditional Use Permit for a Planned Unit Development, Baxter Meadows Planned Unit Development, Phase 1, to allow for a 65-acre mixed use development to include up to 156 residential dwelling units, as requested under application Z-01204. Mayor Youngman opened the public headng. Dale Beland presented an overview of this application, noting as of the writing of the staff report, the Planning Office has received no public opposition to this project. Commissioner Kirchhoff asked if this application meets the 30 percent PUD open space requirement; is the developer using the 100-acre park as part of that calculation? Mr. Kreager responded that upon approval of the 100-acre park, the open space requirement will be met. If the 100-acre park is not approved, the entire 30 percent will be made up in other phases of development. Commissioner Kirchhoff pointed out the 100-acre park will be sold, so that cannot be counted as a part of the 30-percent open space requirement. Mr. Kreager answered that if the 100-acres is removed, they will average 24 percent additional open space for every phase of development. Commissioner Kirchhoff stated his concern that the required 30-percent open space is not being met. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Conditional Use Permit for a Planned Unit Development, Baxter Meadows Planned Unit Development, Phase 1 to allow for a 65-acre mixed use development to include up to 156 residential dwelling units be approved with the following conditions: The homeowners' association documents shall be recorded and filed at the Gallatin County Clerk & Recorder's Office with the final plat and prior to final site plan approval for the residential/mixed use planned unit development. The landscape plan shall be prepared and certified by a landscape architect, nurseryperson or equally certified professional, and submitted for review and approval by the Planning Office prior to final site plan approval. 11-19-2001 - 22 - 10. The developer shall enter into an Improvements Agreement with the City of Bozeman to guarantee the installation of required on-site improvements at the time of submitting for final P.U.D. plan review and approval. Detailed cost estimates, construction plans and method of secudty shall be made a part of said Agreement. If occupancy of structures is to occur prior to the installation of all on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of secudty shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. Building permits may not be issued until the final subdivision plat and final site plan have been approved and all required infrastructure and street improvements for said residential subdivision have been installed, inspected and accepted by the City of Bozeman; unless otherwise allowed by specific approval of the City Commission under provisions of Ordinance Nos. 1532 and 1533 for concurrent construction. The Traffic Impact Analysis prepared by Robert Peccia & Associates, dated October 2001, shall be updated and made a part of the application materials submitted for approval of each and all subsequent phases of subdivision. 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, with the exception of Latigo Avenue and Bozel Street, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. The street section for Latigo Avenue and Bozel Street (as shown on Baxter Meadow Phase 1 Exhibit "C", date 11/14/01) is approved by the City Commission as a variation. The applicant's proposal to allow primary vehicular lot access off alleys shall require that the City Commission grant a variation to the lot access (frontage) standards in the City Code. Snow removal responsibility in alleys used as primary vehicular access to lots shall be private. The applicant's proposal to allow variations from Chapters 18.12 and 18.20 of the Bozeman Municipal Code (lot area, lot width, coverage, etc.), as described in Exhibit 'T', shall require approval by the City Commission. A Stormwater Master Plan for the planned unit development for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater-receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. 11-19-2001 - 23- While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced dudng design review of the final site plan for each lot and/or phase. 11. The final site plan shall coordinate the proposed landscaping with the proposed water and sewer utilities in a manner acceptable to the City Water/Sewer Superintendent. 12. The applicant is advised that the water and sewer infrastructure required for each phase of development shall be subject to further review. 13. The preliminary plan shows public sidewalks crossing onto Town Home lots. The final plan shall identify such sidewalks and show proposed easements. The final plat for each phase shall grant access easements to the public at these locations. 14. The applicant shall submit seven (7) copies of the final site plan and supplemental documentation containing the streetscape profiles, architectural design, building footprint, elevations, floor plans, and landscape features prior to final site plan approval. 15. The applicant shall submit written narrative with the final P.U.D. plan outlining how each of the conditions of approval has been addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. Adjournment - 11:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none. MARCIA B. YOUNG~ ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: KAREN L. DeLATHOWER ' Deputy Clerk of the Commission 11-19-2001