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HomeMy WebLinkAbout2001-09-24 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 24, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 24, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Director of Public Service Arkell, Planning Director Epple, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson asked that the annexation agreement and resolution annexing the 22.840 acres immediately east of the WalMart site be removed from the agenda, since he did not receive the executed agreement as anticipated. Minutes - January 18 and February 7, 2000, and January 30, April 20, September 4, September 10 and September 17, 2001 Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, September 4, September 10 and September 17, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3477 - levying and assessing SID No. 669 (downtown streetscape improvements); settinQ oublic hearing for October 15, 2001 COMMISSION RESOLUTION NO. 3477 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 669 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF ACQUIRING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 669. Commission Resolution No. 3478 - levvinQ and assessing the Business Improvement District for Fiscal Year 2002; settino public hearing for October 15, 2001 COMMISSION RESOLUTION NO. 3478 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. Commission Resolution No. 3479 - levyin.q and assessing lighting districts for Fiscal Year 2002; setting public hearinq for October 15, 2001 09-24-2001 -2- COMMISSION RESOLUTION NO. 3479 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Commission Resolution No. 3480 - levying and assessing delinquent garbage for Fiscal ..Year 2001; setting public hearing for October 15, 2001 COMMISSION RESOLUTION NO. 3480 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Commission Resolution No. 3481 - levying and assessing delinquent sidewalk repair costs for Fiscal Year 2001; setting public hearin.q for October 15, 2001 COMMISSION RESOLUTION NO. 3481 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3482 - lev¥in.cj and assessing delinquent sewer bills for Fiscal Year 2001; setting public hearin~j for October 15, 2001 COMMISSION RESOLUTION NO. 3482 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Authorize City Manager to sign - Annexation Aareement with Fae B. Rolfe Revocable Trust (20.33 acres described as COS No. 331) (2501 North 19th Avenue) Commission Resolution No. 3483 - annexing 20.33 acres described as COS No. 331 {2501 North 19th Avenue) COMMISSION RESOLUTION NO. 3483 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Commission Resolution No. 3484 - authorize City Manager to siqn Chanqe Order No. I for SlD No. 669 - Concrete Specialties of Montana, Inc., Belgrade, Montana - decrease of $18,070.00 and 0 calendar days 09-24-2001 -3- COMMISSION RESOLUTION NO. 3484 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CONCRETE SPECIALTIES OF MONTANA, INC., BELGRADE, MONTANA. Exemption from subdivision review - Amended plat of Lot lA and Lot 2A, Block C, amended plat of portion of Block C, Rouse's Addition, to realign common boundary - Empire Building Materials and Simgraf Corporation (southeast corner of intersection of East Main Street and South Wallace Avenue) Final plat for Northern Rockies Planned Unit Development Major Subdivision - subdivide 7.7 acres described as Tract C, COS No. 1177C, into a seven-lot planned unit development (southeast corner of Highland Boulevard and Ellis Street) (P-0125) Authorize City ManaQer to sign - A,qreement with School District No. 7 for use of Bozeman Swim Center during academic years 2001-2002 through 2003-2004 Award bid for Sourdou.qh Transmission Main Replacement - Biq X, Inc., Bozeman, Montana, in the bid amount of $423,885.00 Award bid for sport utility vehicle for Fire Department - Ressler Motors, Bozeman, Montana, in the bid amount of $34,278.00 Building Inspection Division report for July 2001 Claims It was moved by Commissioner Brown, seconded by Commissioner Frost, 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 Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Ordinance No. 1548 - establishing an initial zoning designation of "BP", Business Park, on 20.33 acres described as COS No. 331 (2501 North 19th Avenue) Included in the Commissioners' packets was a copy of Ordinance No. 1548, as approved by the City Attorney, entitled: ORDINANCE NO. 1548 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "BP" (BUSINESS PARK DISTRICT) ON 20.33 ACRES LOCATED IN THE NORTH HALF, SOUTHEAST QUARTER, SECTION 3, TOWNSHIP 1 SOUTH, RANGE $ EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1548, establishing an initial zoning designation of "BP" on 20.33 acres commonly known as 2501 North 19th Avenue, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. 09-24~2001 4- Application for Kennel License for Calendar Year 2001 - Valerie Peterson, 507 Flathead Included in the Commissioners' packets wer~ a copy of the application for kennel license submitted by Valerie Peterson, 507 Flathead Avenue, to allow three cats, and a memo from Animal Control Officer Connie Lien recommending approval. Animal Control Officer Lien stated the three cats in this residence have current vaccinations and are primarily indoor cats. She noted that she has received no complaints on these animals and forwarded her recommendation for approval. No one was present to comment on the requested kennel license. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the application for kennel license submitted by Valerie Peterson, 507 Flathead Avenue, for calendar year 2001 be approved. 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. Application for Kennel License for Calendar Year 2001 - Aaron Bruce, 329 Cedar {6 to 9 pit bulls plus DuDDies) Included in the Commissioners' packets were a copy of the application for kennel license submitted by Aaron Bruce, 329 East Cedar Street, to allow six to nine pit bulls plus puppies, and a memo from Animal Control Officer Connie Lien voicing concerns. Also included in the packets were two letters of opposition. Animal Control Officer Lien stated that this applicant first came to her attention as a welfare concern, due to lack of housing, some dogs being thin and some dogs not being vaccinated. She stated that,.at that time, she found he had nine pit bulls and informed him that he needed a kennel license. She characterized the applicant as being cooperative, noting he has applied for a kennel license, provided some housing for the dogs and had the dogs vaccinated. She stated, however, she is concerned that the property, which he rents, is not fenced, particularly because of the breed of dogs and location of the site. She noted that people can walk in on the dogs unknowingly and encounter problems; as a result, she cannot recommend approval of this application. Responding to Commissioner Frost, the Animal Control Officer stated that, with the construction of a permanent fence, possibly chain link or similar material, she would be more comfortable with approval of the application. Mr. Aaron Bruce, applicant, stated that he had seven pit bulls when he made application; and he now has six because one has been returned to its owner. He noted that the dog houses he has provided are probably the best available. He then indicated that he did not have the dogs vaccinated as they became eligible for vaccinations because he was attempting to get the animals on the same schedule, thus streamlining visits to the veterinarian. He then addressed the issue of some dogs being thin, stating that he feeds them the proper amount of the maximum nutrition dog food available; however, this breed is busy and difficult to keep weight on. He also noted that he cleans and sanitizes the water bowls twice a week. Mr. Bruce noted that he has lived at this location, which is on a dirt road and zoned M-l, for two years and during that time no one has been harmed or aggravated by his dogs. He then read a letter of support into the record from his neighbor, Marty Gloyna, 1 Cedar Street. He concluded by stating that his intent is to breed the dogs, and to sell the puppies outside the area. A majority of the Commissioners indicated they could not support this kennel application without a permanent fence being installed. Commissioner Brown stated he feels that having large number of pit bulls within the city limits is inappropriate because of community safety concerns. 09-24-2001 -5- Responding to Commissioner Kirchhoff, the Animal Control Officer stated that she, too, is concerned with this large number of dogs in city limits. She noted that this breed should be separated from the public and other pets and suggested that this industrial/commercial area may be more appropriate than other locations in the community for this type of kennel. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the application for kennel license submitted by Aaron Bruce, 329 East Cedar Street, for calendar year 2001 be approved, provided that the applicant install a permanent fence within thirty days and that the applicant receive a favorable report from the Animal Control Officer on the installation of that fence and any other conditions of the site. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No being Commissioner Brown. Ordinance No. 1547 - replacinq City's official map referenced in Chapter 18.06, Bozeman Municipal Code, with a new official zoning map Distributed in a previous packet was a copy of Ordinance No. 1547, as approved by the City Attorney, entitled: ORDINANCE NO. 1547 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPLACING THE EXISTING OFFICIAL ZONING MAP REFERENCED IN CHAPTER 18.06 OF THE BOZEMAN MUNICIPAL CODE WITH A NEW OFFICIAL ZONING MAP. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1547, replacing the City's official map with a new official zoning map, be finally adopted. 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. Ordinance No. 1546 - adding Section 12.26.077 to the Bozeman Municipal Code, providing for skateboard facility regulations Included in the Commissioners' packets was a revised copy of Ordinance No. 1546, entitled: ORDINANCE NO. 1546 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTION 12.26.077; PROVIDING FOR SKATEBOARD FACILITY REGULATIONS. Also included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands James Goehrung, dated September 14, forwarding the Recreation and Parks Advisory Board's recommendation for one small change in the ordinance; and that change has been reflected in the revised ordinance. City Manager Johnson reviewed the recommended change, which deletes the words "or near" in Section 12.26.077.D., and recommended final adoption with that revision. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1546, providing for skateboard facility regulations, be finally adopted. 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. 09-24-2001 -6- Ordinance No. 1539 - adding Chapter 8.30 to the Bozeman Municipal Code, to regulate, restrict or prohibit production or emission of noises which a reasonable person may find offensive Included in the Commissioners' packets was a copy of the revised Ordinance No. 1539, entitled: ORDINANCE NO. 1539 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 8.30 TO REGULATE, RESTRICT OR PROHIBIT THE PRODUCTION OR EMISSION OF NOISES OR AMPLIFIED SPEECH, MUSIC, OR OTHER SOUNDS WHICH A REASONABLE PERSON MAY FIND OFFENSIVE. Staff Attorney Patricia Day-Moore stated this ordinance was considered for second reading at the June 11 meeting and, at that time, the Commissioners requested changes to protect the removal of snow in commercial areas. In response to that direction, she has revised the ordinance to base prohibitions on zoning rather than on activities. Mr. Wade Dooley asked what the snow removal contractors will be allowed to do at night, particularly for public schools located in residential areas. Staff Attorney Day-Moore responded that snow removal in parking lots will be allowed; however, maintenance activities of those parking lots will be more limited. She stressed that some activities will be allowed in commercial areas but not residential areas under this ordinance, and certain loud noises will be prohibited except for certain times. She then indicated that once the City obtains decibel meters, the ordinance can be revised to include specific hours and noise levels. Mr. Dooley noted that his firm has invested monies in equipment and is concerned that it may not conform with the standards established. He noted that this includes $50,000 recently spent on a sweeper and asked that existing equipment be grandfathered in until it can be replaced with equipment that conforms with the requirements. Staff Attorney Day-Moore responded that the decibel levels are to be established at a level that is legally enforceable and reasonable. As a result, she suggested that his existing equipment wilt probably not be prohibited, but cautioned that it would be difficult to except out certain pieces of equipment from meeting the requirements of this ordinance. Responding to Commissioner Brown, Mr. Dooley stated much of the noise in his equipment is emitted from the turbine operating brush. He noted that new pieces of equipment are quieter; however, he cannot afford to purchase equipment at this time and he has contracts to fulfill. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1539, adding Chapter 8.30 to the Bozeman Municipal Code to regulate, restrict or prohibit noises which a reasonable person would find offensive, 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. Discussion - direction to staff to bring back ordinance changes to allow for installation of stop signs and crosswalks on North Wallace Avenue at East Lamme Street and East Peach Street (by December Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell, dated August 13, identifying the issues to be addressed prior to installation of stop signs on North Wallace Avenue. 09-24-2001 7- City Manager Johnson noted that the Director's memo was in response to possible traffic controls discussed during consideration of the Ponderosa Land application, and stated this issue needs Commission direction since the Director cannot support the requested controls. Mr. Dan Guggenheim, 418 North Wallace Avenue, stated that, after a productive meeting with City staff, he has a better appreciation for engineering and safety constraints. He noted that North Wallace Avenue has no traffic controls between East Main Street and the railroad crossing, but all of the cross streets are controlled. He asked that the City take whatever steps are legal and within engineering constraints to remove incentives to use this street as a north/south artery. Ms. Marilyn Boles, 418 North Wallace Avenue, voiced concern about the many near misses that occur at the intersection of North Wallace Avenue and East Peach Street when motorists fail to obey the stop signs on East Peach Street. She suggested that making that intersection a four-way stop could alleviate some of those problems and enhance safety. Responding to questions from Commissioner Frost, Director of Public Service Arkell stated that crosswalks can give a false sense of security for pedestrians, particularly if they are unmanned and located on a busy street. She noted, in fact, that the School District has requested some crosswalks that have not been installed until crossing guards were obtained. Commissioner Frost suggested that the proper use of crosswalks should be a parental issue, and stated he would prefer a crosswalk to no crosswalk. Responding to Commissioner Brown, the Director stated she has seen no recommendation from the Pedestrian/Traffic Safety Committee, and indicated she does not believe the issue has been forwarded to them. Mayor Youngman noted there are three issues before the Commission, two stop signs and the crosswalks. She recognized that implementing Commission direction on at least some of these issues will be dependent upon the adoption of an ordinance to remove North Wallace Avenue from the through street designation. Commissioner Frost voiced his support for implementing a four-way stop and crosswalks at East Peach Street and crosswalks at East Lamme Street but he cannot support a four-way stop at East Lamme Street. He then noted that the crosswalks without crossing guards will put the pressure on the neighborhood and parents to ensure they are properly used. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that staff be directed to install crosswalks on North Wallace Avenue at East Lamme Street and East Peach Street and to install four-way stop signs at the intersection of North Wallace Avenue and East Peach Street upon implementation of the necessary ordinance revisions. 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. Mayor Youngman suggested that a letter be written to the Pedestrian/Traffic Safety Committee informing them of the Commission's action on this item and seeking their advice on other intersection improvements. The Commissioners concurred; and the Mayor asked that Clerk of the Commission Sullivan draft the letter, with assistance from Commissioner Frost. Appointments to Water Conservation Plan Citizen Review Panel Mayor Youngman announced that she has been unable to make the telephone calls necessary to fill the final four positions on this panel, and noted there is no requirement for Commission action on these appointments. She stated the first meeting of this panel is set for Friday afternoon and asked for Commissioner input. Director of Public Service Arkell suggested that the Gallatin Valley Garden Club or winners of the beautification awards could possibly provide a representative who enjoys green lawns and flower 09-24-2001 -8- gardens. The Commissioners indicated they were comfortable with the Mayor working with those two groups and Project Engineer Rick Hixson to identify the remaining members of the citizen review panel. Decision - Zone Map Amendment - TD&H Engineering for Gary and Dorothy Butcher; DaryI Todd, Richard Davis and David Davis; and Frank and Dora Harrin.qton to establish initial zoning designations of "R-3" and "R-3a" on 16.92 acres along north side of West Babcock Street, east of Valley Drive {Z-01113) This was the time and place set for the decision on the Zone Map Amendment requested by Thomas, Dean and Hoskins Engineering for Gary and Dorothy Butcher; Daryl Todd, Richard Davis and David Davis; and Frank and Dora Harrington under Application No. Z-01113, to establish initial zoning designations of "R-3", Residential--Medium-density, and "R-3a", Residential--Two-family, Medium- density, on 16.92 acres along the north side of West Babcock Street, east of Valley Drive. The subject property is more commonly known as 3017 to 3205 West Babcock Street. Assistant Planner Karin Caroline reminded the Commission that the public hearing on this zone map amendment was held last week. She also noted that the Zoning Commission has forwarded a recommendation for "R-3a" and "R-2" zoning designations rather than the requested zoning designations. Commissioner Frost stated his concurrence with the Zoning Commission's recommendation, stating he also agrees with the recommendation that development be subject to the planned unit development process, with the uses to be mixed. He then indicated he cannot support any more applications along West Babcock Street until that road is improved. He stated, however, it is important to obtain the needed right-of-way for road improvements in this area. Planning Director Epple cautioned that the issue of road right-of-way can be addressed during consideration of development proposals in the future. Commissioner Kirchhoff indicated he generally concurs with Commissioner Frost's comments. He noted that he cannot support the neighbors' requests for "R-I" zoning, but he recognizes their concerns about density in light of the multi-family development concentrated in this area. He stated that the planned unit development process will help ensure superior site design and mitigation of impacts. Commissioners Brown and Smiley and Mayor Youngman all indicated support for the Zoning Commission's recommendation. Commissioner Brown also noted the importance of acquiring additional right-of-way for improvements to West Babcock Street. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Zone Map Amendment requested by Thomas, Dean and Hoskins Engineering for Gary and Dorothy Butcher; Daryl Todd, Richard Davis and David Davis; and Frank and Dora Harrington under Application No. Z-01113, on 16.92 acres along the north side of West Babcock Street, east of Valley Drive be approved, to establish initial zoning designations as follows: on that portion requested as "R-3", Residential--Medium-density, a zoning designation of "R-3a", Residential--Two-family, Medium-density; and on that portion requested as "R-3a", Residential--Two-family, Medium-density, a zoning designation of "R-2", Residential--Single-family, Medium-density, subject to the following conditions: The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and approved by the City Commission. If the annexation is not approved, the approval for this application shall be void; and The applicant shall provide a metes and bounds legal description and an 8½-inch by 1 l-inch or 8~ -inch by 14-inch map of the area to bezoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. In addition, two digital copies 09-24-2001 -9- on 3~-inch DS/DD disk and one mylar, 24 inches by 36 inches, must be provided to the Planning Office; and authorize and direct staff to bring back an ordinance enacting these zoning designations upon annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No being Commissioner Frost. Break - 7:12 to 7:25 p.m. Mayor Youngman declared a break from Commission policy. 7:12 p.m. to 7:25 p.m., in accordance with Decision - Maior Site Plan with Certificate of ADnropriateness - WalMart Super Center Store for George Westlake and Kay Martinen - to allow construction of an 84,117-square-foot expansion with deviation from Section 18.65.070, Bozeman Municir~al Code, to exceed the maximum allowable total signage area by 25 percent in interchanqe zone - Lot 1, Minor Subdivision No. 109, Lots 2A and 3A of Minor Subdivision No. 109B, and portions of the Baxter Lane and North 5th Avenue rights-of-way (1500 North 7th Avenue) {Z-01112) This was the time and place set for the decision on the Major Site Plan with Certificate of Appropriateness, as requested by the WalMart Super Center Store for George Westlake and Kay Martinen under Application No. Z-01112, to allow the construction of an 84,117-square-foot expansion on Lot 1, Minor Subdivision No. 109, Lots 2A and 3A of Minor Subdivision No. 109B and portions of the Baxter Lane and North 5th Avenue rights-of-way, with a deviation from Section 18.65.070 of the Bozeman Municipal Code, to exceed the maximum allowable total signage area by 25 percent in an interchange zone. The subject property is located at 1500 North 7th Avenue. Included in the Commissioners' packets were copies of the sign up sheets from the public hearing, additional public comments received prior to close of the public hearing, and several comments received after the close of the public hearing stamped "late submittal". Mayor Youngman noted that, at last week's meeting, the Commissioners indicated acceptance of the proposed design of the building. She cautioned, however, there are other issues to be considered, including public input and the results of the Bay Area Economics (BAE) study. She noted that Section 18.52.030.F.2. of the zoning ordinance addresses the effects on health, safety and welfare; and during last week's public hearing, the Commissioners heard both positive and negative impacts being identified. She also quoted from Attorney Joe Sabol's February 20, 2000 letter, noting that is the reason the Commission agreed to the BAE study rather than a moratorium, and that study has identified both positive and negative impacts. She stated the information on wages clearly indicates that the wages don't match the housing costs in the community; and the result will be pressure on the housing market, which is a significant negative impact. She also noted that higher wage jobs are often eliminated by WalMart's competition, with the result being lower paying jobs. Mayor Youngman noted that the Commission heard from working people on both sides, including those who are on limited incomes and are concerned about making ends meet while wanting to live and shop here. She cautioned that if the economic impact study approach does not work, the Commission does have the option of enacting a moratorium; and it was understood up front that the study would serve a practical purpose and that mitigation of the negative impacts would be included in the site plan review. The Mayor stated she has discussed with staff the possibility of expediting the remainder of the process for WalMart if this application is approved, recognizing it could save the applicant as much as $100,000 a week, and asked that those savings be applied toward mitigation of negative impacts. She stressed that the Commission cannot ignore two years of discussion regarding mitigation of negative impacts. She stated that, from the beginning, the Commission has asked for information related to housing and WalMart's involvement with housing in other communities, but has not 09-24-2001 -10- received that information. She noted the BAE study suggests mitigation of transportation and a number of other issues as well as impacts on the local grocery business; and she cannot ignore all of those issues. She acknowledged that a very attractive place to shop is one key component of the application, but she cannot ignore the remainder of the framework for conducting this review. Mayor Youngman concluded by noting that WalMart put together an interesting list of events and delays. She noted, however, that one of the longest delays was in obtaining the study from BAE. She stressed that the Commissioners had taken time off from work and held extra meetings to help them move as quickly as possible with the study. She also noted there were other concerns identified by individual Commissioners that were not on the list of items addressed in the revised plans. Commissioner Kirchhoff noted that at last week's meeting, he indicated support for the building design and the trees and parking lot arrangement; however, the zone code also identifies other issues to be considered. That is where he inserts the BAE study and the adverse impacts that have been identified, including lower wage and benefits package, lost jobs in the current grocery sector, decrease in profitability and quality of life for locally owned grocers, and an anticipated increased need for affordable housing. He recognized that the BAE study does not stipulate contributing to the affordable housing fund, but it does identify a shuttle system. He noted that, to date, WalMart has shown no interest in mitigating the impacts identified in the study they funded and, based on the last sentence in Section 18.52 of the zone code, if the applicant is not prepared to meet the conditions imposed or mitigate the negative impacts, he cannot support this application. Mayor Youngman proposed that the Commission consider a simple condition that allows WaIMart maximum flexibility. She suggested the condition could include "take steps to mitigate negative impacts identified in the BAE study and public hearing" and tie to the final site plan for working out the specifics. Commissioner Brown noted that last week, he voiced his inclination to approve the proposal but noted it needed mitigation. He stated it is distressing that, in WaIMart's very long presentation, nothing was mentioned about mitigating the possible adverse effects. He stated that the BAE study contains a table on direct employment impacts which suggests significant impacts. Also, the last paragraph in the report talks about affordable housing. He concluded by stating that some type of mitigation is essential for a project of this size, especially in light of its influence on other businesses, the labor market, and affordable housing and related issues. Commissioner Smiley stated she has no problem approving the site plan as submitted, noting they have addressed the issues identified by Commissioners, such as adding skylights and enhanced entrances, along with other improvements to the plan. She recognized that the Commission could have imposed additional requirements on other large commercial developments over the past two years; however, it has not yet adopted any policies for doing so. She concluded by stating she has a problem with targeting one business while missing "a shopping center or two"; rather, the City should have a policy to address everyone. Commissioner Frost noted that he had asked the decision be delayed for one week, due to the late hour. He then voiced his disappointment that the WalMart spokesperson had indicated mitigating the issues identified in the BAE study was a deal breaker when he felt the result would be a win/win situation. He indicated his support for an additional condition requiring mitigation of the issues identified in the study, noting the language forwarded by Mayor Youngman would help ensure they were met. Mayor Youngman suggested that, rather than list all of the items to be addressed in the condition, it simply reference the key findings in the executive summary of the BAE study and the action items listed on Page iv of the summary. Commissioner Smiley stated it would be wiser to use the information in the BAE study to develop a policy that applies to all development within the city, rather than targeting this business. Mayor Youngman responded by indicating this is the first project to be dealt with in this manner, but not the last. 09-24-2001 -11- Commissioner Kirchhoff noted that on February 22, 2000, the Commission considered but did not adopt an interim ordinance that would have limited big chain stores. He stated that the applicant's attorney suggested the study as a way to proceed with the expansion, and legal staff has done research on the possible adoption of a big box ordinance. In response to Mayor Youngman, a majority of the Commissioners concurred that there are sufficient other related matters to trigger the imposition of conditions related to the BAE study because of the adverse impacts identified. Commissioner Kirchhoff questioned the benefit of providing a shuttle or cross advertising with the downtown, as suggested in the BAE study; however, he noted that getting assistance with affordable housing would be beneficial. He voiced concern about WalMart's lack of response on its efforts to mitigate affordable housing issues in other communities. Break - 8:04 to 8:20 p.m. Mayor Youngman declared a break from 8:04 p.m. to 8:20 p.m., to give staff an opportunity to prepare an additional recommended condition. Decision (continued) - Major Site Plan with Certificate of Ar~r~ror~riateness - WalMart Super Center Store for George Westlake and Kay Martinen - to allow construction of an 84,117-square-foot expansion with deviation from Section 18.65.070, Bozeman Municipal Code, to exceed the maximum allowable total si~na~e area by 25 percent in interchange zone - Lot 1, Minor Subdivision No. 109, Lots 2A and 3A of Minor Subdivision No. 109B, and portions of the Baxter Lane and North 5th Avenue rights-of-way (1500 North 7th Avenue) (Z-01112) Mr. Steve Wilson, authorized agent for WalMart, stated he is puzzled about what would be the proper mitigation for the items identified, noting that at last week's meeting, he asked the Commission to tell him what is to be mitigated. He indicated that the BAE study does not recommend mitigation of affordable housing issues, but does address other possible adverse impacts. He stated that WalMart would be willing to participate, on an equitable basis, with other retailers on cross promotions in the city. Also, WalMart would be willing to contribute to a transit system that serves other retailers, as long as others participate on an equitable basis. He noted the Mayor had suggested possible expediting of the remaining permitting process, and noted that would be very beneficial. He indicated a willingness to pay the fee for what that could cost if staff can calculate that figure in the very near future. Commissioner Kirchhoff stated he feels there is a clear connection for affordable housing, particularly in light of the inability of those on Iow wages to pay market rents. As a result, he feels a contribution to the affordable housing fund would be appropriate and more productive than contributions to cross promotions or a shuttle system. Mayor Youngman stated that the community needs additional affordable housing, and the current housing market will be further impacted with the addition of Iow wage commercial development. She voiced appreciation for what is being offered, but finds the affordable housing issue is a more urgent need. She also noted that other retail establishments cannot be required to contribute to cross promotions or a shuttle system since they are not going through any type of review process. Mr. Wilson requested that the Commission create a condition that is specific rather than subjective. Mayor Youngman responded that a broader condition allows for flexibility and negotiation that results in a mitigation that is mutually acceptable. 09-24-2001 -12- Commissioner Smiley stated it is the Commission's responsibility to tell WalMart what is expected, noting that they can volunteer whatever they want but it may not be acceptable to the City. Commissioner Brown stated he is disappointed that WalMart has not been willing to reach out and make an offer, noting it appears they don't want to work with the City. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Major Site Plan with Certificate of Appropriateness, as requested by the WalMart Super Center Store for George Westlake and Kay Martinen under Application No. Z-01112, to allow the construction of an 84,117- square-foot expansion on Lot 1, Minor Subdivision No. 109, Lots 2A and 3A of Minor Subdivision No. 109B and portions of the Baxter Lane and North 5th Avenue rights-of-way, be approved subject to the following conditions: 1. The final site plan shall be adequately dimensioned. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. .. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 7. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 09-24-2001 -13- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. The eastern drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street frontage(s). Any deviation to the standard alignment or location must be approved by the City Engineer. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. All existing utility and other easements must be shown on the final site plan. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If required by the DEQ, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from state waters. One half of the required 100-foot right of way for West Oak Street shall be dedicated with the amended plat. One half of the ultimate design width of West Oak Street shall be constructed along the frontage of this property. This shall include curb, gutter, sidewalk, storm drainage, asphalt, replacement of striping, signing, and chip sealing the newly installed asphalt. That the landowner finalize formal annexation of said property to the corporate limits of the City of Bozeman prior to final site plan approval and issuance of a building permit to proceed with the project. That the the City issuance zone map amendment for the remaining portions of land to be annexed to of Bozeman be adopted by ordinance prior to final site plan approval and of a building permit to proceed with construction of the project. That the disposition of said portion of Baxter Lane deeded to the City of Bozeman be determined prior to final site plan approval and issuance of a building permit to proceed with construction of the project. That the portions of Baxter Lane and North 5th Avenue be formally vacated by the City of Bozeman, and that the amended subdivision plat to aggregate said lots be filed at the Gallatin County Clerk and Recorder's Office prior to final site plan approval and issuance of a building permit to proceed with construction of the project. That all off-street parking spaces delineated on the site plan and measured from a painted line on the inside edge of a stall, instead of a curb on the inside edge, be 09-24-2001 -14- 22. 23. 24. 25. 26. 27.¸ 28. a minimum stall length of twenty (20) feet, and that the necessary rows of parking that may need to be removed to comply with Section 18.50.120.B.1(2) be eliminated from the south parking lot areas fronting onto West Oak Street. The existing front yard areas along West Oak Street and Interstate 90 or interior open space areas within the interior of the parking lot shall not be decreased in width to accommodate the additional needed width. Prior to final site plan approval the site plan shall be revised accordingly for review and approval by the Planning Office. That the landscape plan(s) be prepared and certified by a registered Montana landscape architect, certified nurseryperson, or individual with a degree in landscape design or related field and two to five years of professional design experience, and that all landscape legends shall contain botanical and common names of each species, quantity, size and plantings at time of planting and at maturity, and areas to be irrigated, for review and approval prior to final site plan approval. That the landscape plan be modified to contain a typical landscape plan and legend for each typical landscape feature described through the project, for review and approval by the Planning Office prior to final site plan approval. That the off-street parking lot located along the east edge of the site provide one (1) interior parking lot landscape island for every one hundred (100) feet of parking and that the site plan be revised accordingly, for review and approval by the Planning Office prior to final site plan approval. That the off-street parking lot areas for the proposed super center store not exceed a maximum number of off-street parking spaces of more than 4.3 spaces/I,000 square feet of gross building area, or 884 off-street parking spaces, and that the off-street parking lot design be revised accordingly for review and approval by the Planning Office, prior to final site plan approval. That the applicant submit typical details of all freestanding and wall-mounted type light fixtures for review and approval by the Planning Office. Any lighting, including that for security purposes, used to illuminate any off-street parking area, yards, sign or structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035. - Light Standards. The final site plan and/or exterior elevations shall show the location for, and a detail of, any proposed freestanding, wall mounted and/or signage lighting, including cut sheets of each typical light fixture type proposed. All freestanding light fixtures shall be limited to a lamp wattage ranging from 250- 400 watts MH and an acceptable foot-candles level for typical retail parking lots. The applicant shall provide a point-by-point plot of foot-candles, on 8 ¼-inch by 11 - inch paper or a polar distribution graph, to show accurately the light distribution in the parking area. This information shall be reviewed and approved by the Planning Department prior to final site plan approval. The information will enable the proper lighting to be installed with no overlighting of the parking area onto adjoining properties, public rights-of-way, and entryway corridors. The applicant's request for a deviation to the sign ordinance be approved, that the light fixtures for the freestanding pole sign be shifted to illuminate the pylon sign in an upward orientation, and that the sign detail be revised accordingly for review and approval by the Planning Office prior to final site plan approval. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the 09-24-2001 -15- 29. 30. 31. 32. 33. 34. 35. 36. equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to final site plan approval. That the applicant submit to the City Engineer's Office, for review and approval by the City Engineer prior to final site plan approval, a traffic calming analysis containing an evaluation of the redesign of West Oak Street with the alignment with North 5th Avenue for traffic calming measures and adequate pedestrian crosswalk facilities, which also outlines the necessary improvements to be installed by the applicant at the alignment along the north side of West Oak Street, should the traffic calming analysis warrant said improvements. That the applicant provide a written narrative, including the necessary supplemental information and data, with the Stormwater Drainage/Treatment Grading Plan and Maintenance Plan describing how the design of the off-street parking lot prevents stormwater runoff from conflicting with pedestrian circulation within the interior of the parking lot, for review and approval by the Planning Office prior to final site plan approval. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of Commission approval. The Planning Office shall forward a copy of the approved final site plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 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 site 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 site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT I$ OBTAINED. 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 security 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 within nine (9) months of occupancy to avoid default on the method of security. That the applicant upon submitting the final site 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 pedestrian crosswalks intersecting with interior vehicular driveways, including the linear open space areas, public plaza to the south, public pedestrian plaza along North 7th Avenue, and from both sides of the driveway off of North 7th Avenue shall be constructed of pigmented concrete pavers or scored concrete. The off- street parking areas located between the main entrances into the building and a parallel line running north/south along the west side of the two disable parking areas shall contain similar pigmented concrete pavers or scored concrete patterns. The disabled off-street parking area at the southwest corner of the building shall contain similar concrete pavers and "width" at the crosswalks to the building. The color 09-24-2001 16- palette, specifications, and manufacturer's cut sheets of the paving surface be submitted to staff and the site plan shall be revised accordingly, for review and approval by the Planning Office prior to final site plan approval. 37. That the landscape plan be modified to contain the described landscape features outlined in the DRB staff report with regard to: a) interior parking lot landscape islands, b) regular spacing of boulevard trees along North 7th Avenue and West Oak Street, c) landscape of the two linear open space areas to the west of the building, d) three street entrances into site, e) raised landscape planters at the building entrances, f) public plaza along West Oak Street, g) screening of all garbage refuse and recycle areas, h) additional screening of loading/unloading area along the east facade, i) additional landscape and trees at the south entrance, and j) extension of landscape along the two east/west green corridors that continue through the disabled off-street parking area; and that the landscape plan provide a typical landscape plan and legend for each typical landscape feature described above at a scale of not less than 1"=20'0", for review and approval by the Planning Office prior to final site plan approval. 38. That the width of the pedestrian sidewalk along the south entrance to the building be increased to accommodate a similar covered canopy entrance as that of the west entrance(s), that the final width of the sidewalk and shade trees be extended eastward along the frontage of the tire and lube service area, and that the site plan be revised accordingly, for review and approval prior to final site plan approval. 39. That the building design be revised to address the points identified in the DRB staff report as it relates to: a) covered canopy at south entrance, b) increased scale and three dimensional design of all three covered canopy entrances, c) false wall pediments along the north, east, and south elevations, d) facade offsets on the north and east elevations, e) height and details of parapet walls, and f) joint details of dryvit finish, and that the exterior elevations be revised accordingly, for review and approval by the Planning Staff prior to final site plan approval. 40. That the building design be revised to address the use of materials as discussed in the DRB staff report as it relates to: a) pigmented C.M.U. masonry units, b) addition to color palette, c) addition of brick and/or stone work, and d) architectural wood details and features, and that the exterior elevations be revised accordingly, for review and approval by the Planning Staff prior to final site plan approval. 41. That the applicant obtain final site plan approval and Certificate of Appropriateness prior to applying for a building permit to proceed with the project. 42.¸ That, prior to final site plan, the applicant make efforts reasonably required and necessary to minimize adverse impacts identified in the Bay Area Economics (BAE) study and public testimony. Such efforts will be subject to review and approval by the City Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Brown and Mayor Youngman; those voting No being Commissioner Smiley and Commissioner Kirchhoff. Break - 8:48 to 8:53 p.m. Mayor Youngman declared a break from 8:48 p.m. to 8:53 p.m., in accordance with Commission policy. 09-24-2001 -17- Public hearing - annexation of 43.56 acres described as portion of Tract 2, West College Minor Subdivision, located on south side of Huffine Lane, and .qenerally south of West Garfield Street extended, west of the current city limits and east of future Fowler Avenue extended - Springer Group Architects for MSU Foundation (A-0105) This was the time and place set for the public hearing on the request for annexation of 43.56 acres described as a portion of Tract 2, West College Minor Subdivision, as established by Commission Resolution No. 3470, entitled: COMMISSION RESOLUTION NO. 3470 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. The application for annexation of the subject property, which is located on south side of Huffine Lane, and generally south of West Garfield Street extended, west of the current city limits and east of future Fowler Avenue extended, was made by Springer Group Architects for the Montana State University Foundation under Application No. A-0105. Mayor Youngman opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. He stated that, as a result of that review, staff has recommended that the following issues be addressed prior to or in the Annexation Agreement: 1. A public access easement and utility easement shall be filed with the Annexation Agreement for the future extension of West Garfield Street and Fowler Avenue. The owner shall record with the Gallatin County Clerk and Recorder's Office executed waivers of right to protest creation of SIDs, to be filed with the Annexation Agreement, for the following: a. Trunk sewer main system improvements; and Street improvements, including paving, curb and gutter, sidewalk, storm drainage facilities and/or signalization improvements for Fowler Avenue, West College Street and West Garfield Street. Prior to development, the developer(s) will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure master plans and all City policies and guidelines that may be in effect at the time of development. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. The Annexation Agreement, which addresses all conditions placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a 09-24-2001 18- City Commission decision to annex the property, or annexation approval shall be null and void. The annexation map must clearly delineate the metes and bounds description of the annexation parcel, The map must provide the legal description of the property, show the existing public utilities (water, sewer, roadway and storm drainage) improvements on the property; and show adjacent developments (subdivision name, block and lots). The map shall also show rights-of-way and public easements within and adjacent to the property. The map must be supplied on a mylar (18-inch by 24-inch) for City records and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. One digital copy, on a double-sided high-density 3 ~-inchfloppy disk, must also be provided to the Planning Department. The map must be acceptable to the Director of Public Service. The Senior Planner stated that, in addition to those items, Assistant Planner Monroe put the developer on notice of points to be addressed during subdivision review in a memo written in August. He noted that those items include waivers for trunk sewer lines and future signalization. He concluded by noting that no public comment has been received as of this evening. Responding to City Manager Johnson, Senior Planner Skelton recognized that, even though this property may be initially zoned for commercial development, there is a potential it could be changed to residential in the future. He acknowledged that, if the Commission wishes, it could add a requirement that the language pertaining to affordable housing generally found in an annexation agreement for property anticipated to develop as residential be included in the annexation agreement. Mr. Lowell Springer, architect representing the applicant, stated concurrence with the staff report. He reminded the Commission that the MSU Foundation exists to provide as much financial support to Montana State University as possible. This property, which is prime for commercial development, has now become a priority as a source of funding for the MSU Foundation; thus, this request for annexation and zoning. City Manager Johnson noted that, in light of the Commission discussion on a previous agenda item involving the impacts of a super store on the community's affordable housing market, it is important to include a provision for affordable housing in the annexation agreement. He also noted that this requirement could begin addressing the policy issues that Commissioner Smiley raised. Commissioner Frost indicated support for annexation, but suggested a "BP" zoning would be more appropriate than the requested "B-2" zoning. He characterized a commercial land use designation as allowing for strip commercial development rather than centers. Commissioner Kirchhoff noted that the Bozernan 2020 Growth Plan identifies this area as community commercial, not regional commercial. Planning Director Epple stated that under the Bozeman 2020 Growth Plan, there are three levels of commercial development proposed: neighborhood commercial, which is intended to provide commercial opportunities within a walk or bike ride; community commercial, which is designed to serve the entire community; and regional commercial, which is designed to serve a multi-county market. Commissioner Kirchhoff indicated that MSU has responsibility as a community leader. As a result, he suggested that the development plan should include better design, energy efficiency, intermodal transportation and mixed uses. Mr. Tom Gelder, Executive Director of the MSU Foundation, noted that there are 500 acres of University land; and the administration is willing to work with the City to identify an appropriate way to make use of all of those lands. He stated that, because of the proximity of this 43-acre parcel to the Gallatin Valley Mall and the Advanced Technology Park, a "B-2" zoning designation seems to 09-24-2001 19- make sense. He indicated that they also wish to implement some of the positive items identified by Commissioner Kirchhoff, but cautioned they must be done incrementally. Mr. Lowell Springer noted that this parcel is several hundred feet deep, which will allow for nodes of development, rather than strip commercial development. He also noted that the Farmers Canal runs through the middle of this property, allowing for a fair amount of open space with the required 35-foot setback from the high water mark. He stated that the Farmers Canal and attendant landscaping will affect how development of this property is designed. He indicated that a conceptual plan has been completed by the MSU Foundation community design group, and that plan was very similar to the plan that he and leaders at MSU had created. Senior Planner Skelton reminded the Commissioners that the issue currently before them is annexation of the subject property and that zoning is the subject of the next public hearing. He noted that annexation is a tool the City uses to ensure consistency in the growth of the community and, through language in the annexation agreement, the City can identify those parts of the progressive plan it wants to see implemented in development of the parcel. As a result of discussion regarding adding a requirement to include a provision for affordable housing in the annexation agreement, Mr. Lowell Springer indicated that he had anticipated this issue would arise. He stated that MSU would be willing to sign a waiver of right to protest a possible future policy regarding contributions to an affordable housing fund, noting that would allow this annexation to move forward while giving the City time to develop a comprehensive policy that treats everyone equitably. The Commissioners concurred with this suggestion. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission initially approve the request for annexation of 43.56 acres described as a portion of Tract 2, West College Minor Subdivision, located on south side of Huffine Lane, and generally south of West Garfield Street extended, west of the current city limits and east of future Fowler Avenue extended; and authorize and direct staff to bring back an annexation agreement for review and possible action by the Commission which addresses the issues listed above and includes a waiver of right to protest an equitable contribution to and participation in an affordable housing policy, or balanced with other community desires, and provides that development of the property will be in concert with the Bozeman 2020 Growth Plan. 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 hearing - Zone Map Amendment - establish initial zoning designation of "B-2", Community Business, on 43.56 acres described as portion of Tract 2, West College Minor Subdivision, located on south side of Huffine Lane, and generally south of West Garfield Street extended, west of the current city limits and east of future Fowler Avenue extended - Springer Group Architects for MSU Foundation {Z-01076) This was the time and place set for the public hearing on the Zone Map Amendment requested by Springer Group Architects for the Montana State University Foundation under Application No. Z-01076, to establish an initial zoning designation of "B-2", Community Business, on 43.56 acres described as a portion of Tract 2, West College Minor Subdivision. The subject property is more commonly located on south side of Huffine Lane, and generally south of West Garfield Street extended, west of the current city limits and east of future Fowler Avenue extended. Mayor Youngman opened the public hearing, noting that the Commission discussion in the previous agenda item also pertains to this agenda item. Senior Planner Dave Skelton presented the staff report. He stated that staff has reviewed this application in light of the twelve criteria set forth in the zone code, and staff's comprehensive findings 09-24-2001 - 20- are contained in the written staff report. He noted that, at its meeting held on August 21,2001, the Zoning Commission considered this application and, after considering the public comment, criteria and staff findings, concurred in staff's recommendation for approval, contingent upon annexation. He stated that the requested "B-2" zoning designation complies with the land use designations in both the current master plan and the Bozeman 2020 Growth Plan. Also, since this property lies within an entryway corridor, the design objectives guidelines will help ensure the desired type of development. Responding to Commissioner Kirchhoff, Planning Director Epple stated that the "B-2" zoning designation will fit under either the regional or community commercial land use designations in the Bozernan 2020 Growth Plan, and he feels that the City can adequately influence the development of this parcel given the Commission's action on the annexation. Mr. Lowell Springer, architect representing the applicant, encouraged Commission approval of the requested zoning. He noted that developers are more attracted to that zoning designation than to other possible designations; and he recognizes the City's review processes will help to ensure that appropriate development occurs. No one was present to speak in opposition to the requested zoning designation. Senior Planner Skelton noted that identifying some of the smart growth issues, such as parkland, open space or mixed use development, in the record will help staff ensure those issues are addressed during development. The Commissioners concurred with the Senior Planner's list. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the Zone Map Amendment requested by Springer Group Architects for the Montana State University Foundation under Application No. Z-01076, to establish an initial zoning designation of "B-2", Community Business, on 43.56 acres described as a portion of Tract 2, West College Minor Subdivision; and direct staff to bring back an ordinance enacting the amendment upon completion of the annexation process and subject to the following conditions: That the applicant submit to the Planning Office, within thirty days, a 24-inch by 36-inch mylar zone map titled "MSU Foundation Zone Map Amendment" and a digital copy containing the metes and bounds legal description, total acreage and adjoining rights-of-way and/or street access easements. That the ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be rezoned, which will be utilized in preparation of the ordinance. 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. Concept plan review - Dunbar Building and Garden Apartments (west side of South Church Avenue between East Main Street and East Babcock Street) Included in the Commissioners' packets was a copy of the concept plans for the Dunbar Building and Garden Apartments, as submitted by the Cecich Family Trust. The subject property is located along the west side of South Church Avenue between East Main Street and East Babcock Street. Assistant Planner Karin Caroline gave a brief overview of the concept plan, noting that the applicant proposes to demolish the existing building at the southwest corner of the intersection of South Church Avenue and East Main Street, which currently houses Main Motors, and construct 13,000 square feet of retail and office space in a two-story structure. A second story walkway may be constructed between this building and Jacob's Crossing. Also, on the northwest corner of the 09-24-2001 -21 - intersection of South Church Avenue and East Babcock Street, the applicant proposes to demolish the existing building, which houses the Dana Design offices, and replace it with an enclosed parking structure housing 23 parking spaces and four condominiums on the second floor. The existing parking area across the street will remain as a parking lot with 20 spaces for employees of the new buildings. The Assistant Planner stated the applicant is requesting City approval for demolition of East Main Motors to allow for environmental assessment and more staging area for the construction currently underway. She indicated the applicant proposes to demolish the building, fill the area with gravel and secure it with fencing; and he has submitted a formal application for the demolition, which has been supported by the Historic Preservation Officer and the Planning Department. Mr. Jamie Lenon, Prugh and Lenon Architects, asked for Commission reaction on specific issues prior to proceeding with the application for major site plan. He noted one concern is the vision triangle requirement at the intersection of Church Avenue and East Main Street. He stated it is their understanding the Montana Department of Transportation has scheduled traffic signals at that intersection as well as East Main Street and Wallace Avenue within the next three our four years and suggested that, with that type of traffic control, cutting 22 feet off the corner of the building will not improve the sight lines and safety of the intersection significantly. As a result, he indicated they plan to seek a deviation to allow the corner of the building to encroach into the sight triangle. The second issue is the existing parking lot on the east side of South Church Avenue. He noted it is currently paved and screened by a fence along the east property line; and they propose to stripe the lot and re-orient the pin down curbs and curbing onto the alley and add four street trees along South Church Street to complement those to be planted across the street. The third issue raised by Mr. Lenon was the number of living units on the second level. He stated that four condominiums are currently proposed, but suggested the number could be increased to six if there is sufficient demand. The fourth issue is a possible deviation from parking requirements. He noted that 36 of the 66 required parking spaces are being provided for Jacob's Crossing under the approval for that project. Parking requirements for the entire development total 111 parking spaces and the applicant is proposing to provide a total of 81 spaces. He stated that this represents an increase from 55 percent to 73 percent of the total number of parking spaces being provided on site. Mr. Lenon concluded by stating they propose to begin construction on the Dunbar Building late this winter, with the parking structure and residential units to be under construction by mid-summer. He indicated that the applicant would like immediate Commission action on the requested demolition permit so that the building can be demolished and the site fenced before winter. Mayor Youngman stated that, while she would consider a deviation for the corner of the building, she saw examples of the corners of buildings being angled in Boston and encouraged the applicant to consider that option. Mr. Lenon responded that the subject corner is the lowest one on the block, and there is a storm inlet on the corner. He cautioned that maintaining a level floor could result in problems with an angled corner on the building. He also noted that an entrance facing east would not meet their desire to continue the historic fabric of the downtown. During discussion, the Commissioners indicated they would be willing to consider a deviation to allow for encroachment into the sight triangle, would be willing to support six condominiums rather than the four initially proposed, would be willing to consider a parking deviation for the development, and would be willing to consider a request to use the existing parking lot on the east side of South Church Avenue with minimal upgrades. Planning Director Epple cautioned that parking deviations are not available within the downtown parking district, which was an issue discussed at length during review of the Jacob's Crossing project. He noted that the zone code amendment to reduce the parking requirements in the downtown area, which was previously approved by the Commission, has not yet been enacted by ordinance because the legal staff is researching impacts of doing so. He cautioned that, while the proposed parking will improve the percentage substantially, the applicant will encounter downtown parking requirements. 09-24-2001 22- Mr. Lenon responded that they met with the Parking Commission about the possibility of seeking a deviation. He indicated that, while the Parking Commissioners cannot support such a deviation at this time, they may be willing to look at it in the future. Responding to Mr. Lenon, Planning Director Epple stated that a demolition permit ~n conjunction with a major site plan must be reviewed and approved by the Commission. He noted that, in this instance, the Historic Preservation Officer has determined the structure is not historically important and, therefore, indicated support for issuance of the permit. The Commissioners requested that this item be placed on next week's agenda for action. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Copy of an article entitled Bus transit available in Macomb through University partnership, published in the Western News, as submitted by Deputy Clerk of the Commission DeLathower. (2) Copy of an article entitled On the Waterfront, submitted anonymously. (3) Letter from Mike Badolato, 25 South Wallace Avenue, expressing concern that most residential woodburning is a worse health threat than the forest fires. (4) Copy of a letter from Engineering Assistant Andy Kerr dated September 14 to property owners on the south side of West College Street between South Willson Avenue and the alley to the east regarding parking restrictions. (5) Copy of the notice of public auction of bicycles, to be held on October 6 at the MSU Security Office. (6) List of planning projects to be considered at upcoming Commission meetings. (7) Notice that there will be no County Commission meeting on Tuesday, September 25. (8) Agenda for the School District No. 7 Board meeting to be held at 7:00 p.m. on Monday, September 24, at the Willson School. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 25, at the Professional Building. (10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, September 25, at the Professional Building. (11) Director of Public Service Debbie Arkell stated that a forest fire started on the ridge at Moser Creek this morning, and if it breaks across the ridge in either direction, it will be into the Hyalite or the Bozeman Creek portion of the City's watershed, and could impact the Water Treatment Plant. (12) Commissioner Brown submitted the following. (1) Announced that he will be absent from next week's meeting. (2) Voiced concern about the sorry state of the flags in front of City Hall. (13) Responding to Commissioner Brown, Director of Public Service Arkell stated she is extremely concerned about joining the County's solid waste district at this time, particularly since the result would be city residents paying twice for solid waste disposal since the City's program will still be running. 09-24-2001 - 23 - Adjournment - 10:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be adjourned. 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. ATTEST: MARCIA ROBIN L. SULLIVAN Clerk of the Commission 09-24-2001