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HomeMy WebLinkAbout2001-09-04 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 4, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, September 4, 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, Staff Attorney Day-Moore and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18 and February 7, 2000, and January 30, April 20, August 20 and August 27, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of August 20, 2001, be approved as submitted. 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. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20 and August 27, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of application for annexation - Chuck Hinesley for Sydney and Ethel Dykstra - 156.96 acres located in the W~& ofthe SE% and the E% of the SW% in Section 4, T2S, R5E, MPM (north side of Durston Road approximately 1300 feet west of its intersection with Cottonwood Road) (Laurel Glen); refer to staff Commission Resolution No. 3471 - creating Special Improvement Li.qhtin.q District No. 670 (Allison Subdivision, Phase II RESOLUTION NO. 3471 RESOLUTION RELATING TO LIGHTING DISTRICT NO. 670 (ALLISON SUBDIVISION, PHASE II); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Commission Resolution No. 3472 - creating Special Improvement Lighting District No. 671 (Ferguson Meadows Subdivision) RESOLUTION NO. 3472 RESOLUTION RELATING TO LIGHTING DISTRICT NO. 671 (FERGUSON MEADOWS SUBDIVISION); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND 09-04-2001 -2- MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFI]-rED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Authorize Mayor to sign - Findings of Fact and Order - StoneRidge Major Subdivision PUD, Phase IIA (subdivide 8.37 acres along west side of North 19th Avenue between Durston Road and West Oak Street into nine commercial lots) (P-0120) Award bid - used brush chipper for Forestry Division - Vermeer Sales and Service of Montana, Inc., in the oross bid amount of $22,375.00 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. Proclamation - "Alcohol and Drug Addiction Recovery Month" - September 2001 Included in the Commissioners' packets was a copy of the proclamation. Mr. Dave Douglas, Alcohol and Drug Services of Gallatin County, distributed a packet of information on Alcohol and Drug Addiction Recovery Month to the Commissioners. He noted that representatives from several of the community organizations are present and thanked the Commission for its recognition of the importance of the month by adopting this proclamation. Sue, a recovering drug addict, stated she has been clean and sober for twelve years and stressed the importance of the twelve-step programs in the community. She noted that, without those programs and the support of the community, she could not have become clean and sober. She stated that she is now working in Bozeman, going to MSU, and raising a child and characterized herself as a productive member of society. Mr. Peter Beland, member of the Boys and Girls Club, read the proclamation into the record. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission concur in the Mayor's proclamation of September 2001 as "Alcohol and Drug Addiction Recovery Month". 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. Presentation of Proposed Budget for Gallatin City-County Health Department for Fiscal Year 2002 Health Officer Stephanie Nelson Included in the Commissioners' packets was a copy of the proposed budget for Fiscal Year 2002. Health Officer Stephanie Nelson highlighted the items in the budget, noting that one of her professional goals is to meet with the City Commission at least once every three months during this fiscal year. She indicated that the budget document in front of the Commission today is being tweaked as cash carryover figures and cost of living packages are finalized. The Health Officer reviewed the process that has been followed to date, including the setting of priorities by the Board of Health, development of a preliminary budget by the Department, review by the Board's sub-committee, approval by the Board of Health, preliminary approval by the County 09-04-2001 -3- Commission, now to the City Commission for review and approval, and then back to the County Commission for final approval, hopefully on September 18. Health Officer Nelson briefly highlighted the priorities on which the budget is based, including: improve the Department's productivity and quality of service; support the Board in policy making; coordinate health services in the community; and promote public heath messages and share information on health data and community resources. She then stated she is very proud of her staff, in both the Human Services and Environmental Health divisions and noted they will help her accomplish the priorities identified. The Health Officer noted that a Community Health Assessment has been completed, after a year-long process. She distributed an information brochure resulting from that assessment, which was done in collaboration with a number of agencies and identifies what the public sees as the most outstanding concerns for community health. She also noted that she has left a copy of the full-blown Community Health Assessment with the Clerk of the Commission for anyone who wishes to review it. In addition, she has provided a summary of the customer satisfaction surveys that have recently been completed. The Commission thanked Health Officer Nelson for her presentation. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission accept the proposed budget for the City-County Health Department for Fiscal Year 2002. 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 No. 1546 - adding Section 12.26.077 to the Bozeman Municipal Code, providing for skateboard facility regulations Included in the Commissioners' packets was a copy of Ordinance No. 1546, as approved by the City Attorney, 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. City Manager Johnson stated that this ordinance was prepared at the request of law enforcement, so that they have a basis upon which to keep bicycles off the new skatepark facility. Superintendent of Facilities and Lands Goehrung stated that the City's insurer, Montana Municipal Insurance Authority, requires that bicycles be precluded from using the skatepark facility. He indicated that he is currently working with the freestyle bicycle group to get a facility constructed in Westlake Park. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1546, adding Section 12.26.077, providing for skateboard facility regulations, to the Bozeman Municipal Code, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. .Request for wastewater impact fee credits - SANDAN LLC for Cattail Creek Subdivision Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders dated August 21, forwarding a request from SANDAN LLC for wastewater impact fee credits for the Cattail Creek Subdivision. 09-04-2001 -4- Associate Planner Saunders presented the staff report. He noted that consideration of this request is a three-step process: first is consideration of modifying the Wastewater Impact Fee CIP list to include the requested portion of the N2/N3 sewer trunk; second is action on the requested credit; and third is action on the requested payback. He stated that staff has reviewed this application and forwards a recommendation for approval of the requested credit but denial of the requested payback. Mr. Dave Crawford, consulting engineer representing the applicant, stated his concurrence with the staff recommendations. He voiced a concern that impact fees may "evaporate", and his clients have spent $400,000 of their own monies to construct the sewer main. He noted that is the reason a payback area was requested. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that those portions of the N2/N3 sewer trunk line to be constructed by SANDAN LLC as part of the Cattail Creek Subdivision be included in the funded portion of the Wastewater Impact Fee capital improvement program and that this change be reflected in the next scheduled printing of the book. 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. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the request from SANDAN LLC for wastewater impact fee credits for the Cattail Creek Subdivision be approved, subject to the following conditions: 1. The credit will not be paid as cash. The credit will be made available as a value against which the credit holder may draw to reduce wastewater impact fee payments as individual wastewater connection permits are sought as detailed in Section 3.24.100.E. of the Bozeman Municipal Code. The final credit value will be determined based on the actual final cost of the project. An estimated value of $392,488 has been provided for the proposed work. If the final determination of Cause No. DV-99-71 is that impact fees or impact fee credits cannot be charged or credited by the City of Bozeman, then no impact fee credit shall be available to the applicant under this award. ,. The applicant shall agree in writing to the above listed conditions of approval prior to the credits becoming effective. 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. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the request for creation of a payback district for the sewer trunk lines installed in conjunction with the Cattail Creek Subdivision, in the event that the City does not prevail in the ongoing impact fee litigation. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Smiley; those voting No being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Concept review - Valley West preliminary plat and planned unit development Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline dated August 28, forwarding the concept plan application for the Valley West preliminary plat and planned unit development. Assistant Planner Caroline stated the applicant is seeking advice and direction for the planned unit development and major subdivision on slightly under 300 acres located west of Ferguson Road between West Babcock Street and Durston Road. She noted that this property is to be developed in phases, with a variety of zoning designations and mixed use development. She indicated that 31 09-04-2001 -5- percent open space is being proposed, and a mix of housing densities is to be provided with multi- family attached, row houses, clustered units, single-family houses and duplexes to be intermingled in neighborhood nodes. She stated that less than standard street widths are being proposed, with rear alleys providing access to many of the residences. Mr. Dick Prugh, Prugh and Lenon Architects, stated that they are proposing 89 acres of open space and parks on this 287-acre parcel. The developer must mitigate the major wetlands, and that can be accomplished through lakes, rivers or swamp-like wetland areas. A five-field soccer field will be platted and dedicated to the City in conjunction with this development. Mr. Prugh stated they have tried to develop this project around the existing wetlands and stream corridors and other natural features, using the new urbanism and traditional neighborhood development guidelines. He forwarded his intent to use the streams as a community focal points rather than diverting them or running them through culverts. Three different densities of residential areas are proposed, along with some commercial development. The high density residential development is to be at 10 to 12 units per acre and will probably be in the form of attached housing units; the medium density is to be 8 to 10 units per acre and will primarily be row type housing; and the Iow density is to be 6 to 8 units per acre, which is similar to the historic districts. A grid system is being proposed for the streets, with a major street every half mile. The blocks are to be 300 feet long, and the longer east/west street system will include alleys. Most of the housing units will range from 1,000 to 2,200 square feet in size; and they will have no basements because of the high groundwater. Lots are to range from 45 to 60 feet in width and will be 140 feet deep, which is similar to the lot sizes in the older part of the community. He noted that, while 20-foot-wide alleys are proposed, the applicant is open to considering 30-foot-wide alleys in the more dense areas. Mr. Prugh showed the Commission a more detailed drawing of Phase I, which is located at the intersection of Ferguson Avenue and West Babcock Street. In that phase there will be no access from the major streets to the individual lots; rather, access will be via three accesses onto those streets. He indicated that a parkway with trees is designed to provide a buffer between the major streets and the residential units. A number of pedestrian trail systems are to be provided through the development, which will also provide breaks in the longer blocks. Mr. Dick Prugh noted that one of the major elements of the site is the lakes to be located on the site. He stated, in fact, one lake, about 20 feet deep, already exists; and using more gravel from that site for the streets within the development will result in even more lake amenities. He stated there will be fish in the lakes, and the small lake will have an inlet and outlet from the ditch. He concluded by projecting that 1300 dwelling units will be constructed within this development over the next ten years. Commissioner Kirchhoff noted he is generally supportive of this concept plan. He noted, however, that he has several comments to make and will come to the architect's office to discuss them due to the length of this agenda. Mayor Youngman stated she likes the smart growth concepts, but recognized that probably each Commissioner also has concerns. Commissioner Frost stated he sees large zoned areas in this proposal, rather than a true mixture of housing types. Mayor Youngman noted that when Bronken Park was originally committed to the City, everyone understood it would be developed to a certain level. She noted that basic amenities are needed to open the park, and stressed that this park area will be important to both the community and this development. The Commission thanked Mr. Prugh for presenting this concept plan. 09-04-2001 6- Commission discussion re full Commission participation in facilitated meetings Mayor Youngman stated that, in light of the fact that the Commission has three potential pending facilitations, it is important to set some ground rules for Commissioner involvement. Commissioner Kirchhoff stated it is important to achieve a consistent model that can be used for different kinds of discussions, rather than changing the format for each discussion. He noted that a facilitated discussion is meant to foster cooperation among the interested parties and give the stakeholders an opportunity to have an open and honest discussion. He stressed that these discussions should be without political agendas and should focus on cooperation, not competition for the votes of the elected officials. He proposed that the facilitated discussions include those having an immediate stake in the issue and provide an opportunity for brainstorming and disagreeing. He further proposed that the City Commissioners not be included in these discussions, but that City staff members be included if necessary. Responding to Mayor Youngman, Commissioner Kirchhoff reiterated his position that the facilitated discussion process should be a consistent one, no matter what the topic might be. He recognized that some groups will opt out of the facilitated discussion process. Ms. Kathryn Strickland, Community Mediation Center (CMC), suggested that the format depends on the meeting's purpose and what the Commission desires from it. She noted that the budget facilitation in May was designed to elicit feedback on specific questions, with the Commissioners being part of the process in an informal way. She noted that, in land use facilitation, Commission presence is probably not necessary. She suggested that, for other facilitated discussions, however, it is difficult to set hard and fast rules. She noted that in those situatiOns where there is definite conflict and the parties are readily identifiable, the meeting should be closed. It is crucial that all parties invited to the table hold common expectations of the meeting and the outcome, and it is important to communicate that information ahead of time. Ms. Linda Young, CMC, noted that, if the Commissioners choose not to attend facilitated discussions, it is important for CMC to work with the Commission and make sure that its reporting includes what is critical and meets well defined expectations. She concluded by stating she does not want to create a rigid template that precludes other forms of communication. Commissioner Frost suggested that the Commission allow CMC to make a determination on the process for each facilitated discussion, since it has become apparent all situations are not the same. Mayor Youngman asked if all five Commissioners should be present at the facilitated discussion the clean indoor air ordinance, in a public meeting format. The Commissioners concurred that the two parties should be given an opportunity to participate in a closed facilitated discussion, with no Commissioners present. Commissioner Kirchhoff noted that a closed facilitated session is also being offered for the living wage ordinance. Ms. Alana Mueller, 408 South Tracy Avenue, cautioned that Montana People's Action is a membership based organization; and it does not seem fair to close the session to those who have worked so hard on the proposed ordinance. She also noted that Gallatin Development Corporation has now failed to meet with them twice. Commissioner Kirchhoff stated it is important that, when there are differing sides, each side be represented by the same number of people. He noted that having a numerical cadre sitting silently behind one side or the other changes the atmosphere and should be avoided. Mayor Youngman suggested that a facilitated discussion, with no Commissioners present, be offered for the living wage ordinance. She noted that if that is determined to not be an acceptable alternative, the issue should immediately be forwarded to the public hearing format. 09-04-2001 -7- Discussion re general fund monies freed up by 9-1-1 mill levy City Manager Johnson stated that if the proposed 9-1-1 mill levy passes, the City will realize $400,000 in unappropriated General Fund revenues. He stressed that those monies will not be available the first year. He noted that one issue to be considered, however, is whether the Commission wants to seek public input on how those monies should be committed. Responding to Commissioner Kirchhoff, the City Manager stated that over the years, he has seen Commissions cut programs to maintain current operations. He suggested that some of these monies could be used to add back some of those programs or to start new programs, citing the parks system as one for which cries for additional monies have been loudest. He noted another option is to not set the mill levy as high, thus reducing property taxes. He cautioned that adding personnel with these monies will have impacts on future budgets; rather, he suggested that these monies should possibly be used for one-time costs. Mayor Youngman noted this item was placed on the agenda for discussion in light of the unmet needs in the budget. She stated the Commission had considered placing a park maintenance district on the ballot before the 9-1-1 mill levy issue arose. She suggested that the Commission seek public input on a percentage of the $400,000, noting that input could be obtained through a survey in the City newsletter that requires providing the name and address of the responder. Superintendent of Facilities and Lands Goehrung noted that, as part of the recently completed business plan, he and Parks Foreman Ron Dingman put together a list of things that are important to consider, including the age and condition of the irrigation systems in the parks and the number of parks being irrigated with treated City water rather than well water. Other items include the Southside tennis courts, disc golf course, maintenance of the ice rinks, an additional skatepark, upgraded ADA accessible playground equipment and restrooms, trail maintenance, office space and additional employees. Parks Foreman Ron Dingman suggested that some of the monies could be used for parkland acquisition. He also cautioned that the disc golfers are now using the trees in Lindley Park and, until a new course is provided, will probably continue to do so. Firefighter Mark Criner, Vice President of the Bozeman Firefighters' Association, asked that the Commission look at staffing shortages and training shortages. He noted the monies being discussed are already set aside for public safety and asked that the Director of Public Safety be given an opportunity to review the needs in that area before monies are expended elsewhere in the City. Detective Rich McLane, Bozeman Police Protective Association, stated the police are currently reactive and would like to become proactive. He noted the department is currently undermanned and their resources are stretched thin, with no real opportunity to pursue items such as the recent string of construction tools theft and monitoring the parks for illegal activities. He concluded by encouraging the Commissioners to carefully consider the police and fire needs. Commissioner Smiley stated that, while she would like to give monies back to the people, she recognizes the importance of keeping the monies and funding some of those items not previously funded. Commissioner Brown stated his concurrence with Commissioner Smiley's comments. He indicated support for soliciting public input, and suggested some possible uses would be hiring a full- time grantwriter, additional monies for parks, or a third fire station. Commissioner Frost stated he, too, agrees that public input should be sought, but stressed it is also important to provide them adequate information to make informed suggestions, including the amount each property owner would realize if property taxes were reduced. Mayor Youngman suggested that, at this meeting, the Commission could commit to the survey process and identify the percentage of monies to be subject to the results of the survey. 09-04-2001 -8- Responding to Commissioner Frost, the City Manager indicated that the results of the town meeting could be used as a starting point, noting that he can have staff develop that list in a fairly short period of time. He then cautioned that, if the mill levy passes, the City will realize savings for only a portion of the fiscal year. He further noted that, with the funding structure changes made by the Legislature, the City will receive $200,000 less in gambling revenues this year than originally projected. Responding to the Mayor, the Commissioners agreed that she should begin the process of developing a survey to be included in the next City newsletter. Break - 7:59 to 8:10 p.m. Mayor Youngman declared a break from 7:59 p.m. to 8:10 p.m., in accordance Commission policy. with Public hearing - Zone Map Amendment - TD&H Engineering for Gary and Dorothy Butcher; DaryI Todd, Richard Davis and David Davis; and Frank and Dora Harrington 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 public hearing 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. Mayor Youngman opened the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the public hearing be continued to 6:00 p.m. on September 17. 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. Public hearing Certificate of Appropriateness with deviations from Sections 18.18.050, 18.50.050.F. 1. and 18.50.070.A. of the Bozeman Municipal Code to allow construction of a new 24- foot by 24-foot detached garage which encroaches 4 feet into required 5-foot side yard setback and 7 feet into the required 10-foot rear yard setback for accessory structures and allow replacement of existing chain link fence with 6-foot cedar fence in corner side yard on Lots 13 and 14, Block 11, Park Addition - Pamela J. Ransom, 222 South 7th Avenue (Z-01153) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Pamela Ransom under Application No. Z-01153, with deviations from Sections 18.18.050, 18.50.050.F. 1. and 18.50.070.A. of the Bozeman Municipal Code to allow construction of a new 24-foot by 24-foot detached garage which encroaches 4 feet into the required 5-foot side yard setback and 7 feet into the required 10-foot rear yard setback for accessory structures and to allow for replacement of the existing chain link fence with 6-foot cedar fence in the corner side yard on Lots 13 and 14, Block 11 of the Park Addition. The subject property is located at 222 South 7th Avenue. Mayor Youngman opened the public hearing. Historic Preservation Officer Jim Jenks presented the staff report. He stated the applicant proposes to construct a new two-car garage in the rear yard, with deviations to allow the garage to encroach into both the side yard and rear yard setbacks. The applicant also proposes to construct a six-foot-high cedar fence around a portion of the property, replacing the existing four-foot-high chain link fence. Staff has reviewed this application in light of the criteria set forth in the zone code, and 09-04-2001 -9- staff's comprehensive findings are contained in the written staff report. He summarized those findings, noting that the garage is historically appropriate and that the fence will be a significant improvement over the existing fence, is generally compatible with the character of the site and the area, and will preserve the street vision triangle. He concluded by forwarding staff's recommendation for approval, subject to three conditions. Responding to Commissioner Frost, Planner Jenks stated the fence is to be solid for four feet, with two feet of lattice above that. Ms. Pamela Ransom, applicant, indicated a willingness to answer questions. No one present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Certificate of Appropriateness requested by Pamela Ransom under Application No. Z-01153, with deviations from Sections 18.18.050, 18.50.050. F.1. and 18.50.070.A. of the Bozeman Municipal Code to allow construction of a new 24-foot by 24-foot detached garage which encroaches 4 feet into the required 5-foot side yard setback and 7 feet into the required 10-foot rear yard setback for accessory structures and to allow for replacement of the existing chain link fence with 6-foot cedar fence in the corner side yard on Lots 13 and 14, Block 11 of the Park Addition, be approved subject to the following conditions: The proposed new garage shall be sided, roofed and otherwise detailed in a manner that is visually consistent with the existing architectural character of the main residence. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zoning ordinance. 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. Public hearing - Minor Site Plan with Certificate of Appropriateness to allow construction of two sinQle-family dwellin.qs on the south 45 feet of Lots 9 through 12, Block B, Hoffman's Addition, with deviations from Sections 18.18.030, 18.18.050 and 18.50.060 of the Bozeman Municipal Code to relax the lOt area requirement by 51 percent for the additional unit, allow one unit to encroach 15 feet into the required 20-foot rear yard setback, and allow porch on other unit to encroach 8 feet into required 25-foot front yard setback and 2 feet into required 5-foot side yard setback - Richard Charlesworth for Dorothy Ballantyne (524 South Black Avenue) (Z-01150) This was the time and place set for the public hearing on the Minor Site Plan with Certificate of Appropriateness to allow the construction of two new single-family dwellings on the south 45 feet of Lots 9 through 12, Block B, Hoffman's Addition, as requested by Richard Charlesworth for Dorothy Ballantyne under Application No. Z-01150. In conjunction with this application is a request for deviations from Sections 18.18.030, 18.18.050 and 18.50.060 of the Bozeman Municipal Code to relax the lot area requirement by 51 percent for the additional unit, allow one unit to encroach 15 feet into the required 20-foot rear yard setback, and allow the porch on the other unit to encroach 8 feet into the required 25-foot front yard setback and 2 feet into the required 5-foot side yard setback. The subject property is located at 524 South Black Avenue. 09-04-2001 -10- Mayor Youngman opened the public hearing. Planning Director Andy Epple presented the staff report. He stated the proposal includes removal of the existing garage, relocation of the existing house to another site, and construction of two new single-family residences on a 45-foot by 109-foot lot. He indicated that the footprints of the new homes are to be roughly 20 feet by 24 feet, and they are architecturally designed to reflect Bozeman's historic character and the surrounding area. The applicant proposes to live in one of the units with the other unit being a rental. The Planning Director stated that several deviations are being requested in conjunction with this project, since the lot is less than 50 feet wide and contains less than 5,000 square feet. In addition to the lot width and size deviations, the applicant is proposing to encroach into the rear, side and front yard setbacks and is seeking a deviation to allow a six-foot-high fence in the corner side yard and front yard. The Planning Director stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. He briefly reviewed those findings, noting that staff has forwarded a recommendation for approval of the project and all deviations except the six-foot-high fence in the corner side yard or front yard, subject to several conditions. Mr. Richard Charlesworth, architect representing the applicant, displayed a model of the proposed project. He noted that the applicant proposes to construct a small residence for when she is in Bozeman with a second residence for someone who will assume caretaker responsibilities. He stated the existing garage is about to fall down and, after looking at the existing house, he and a contractor came to the conclusion that it would take too much work to bring it up to standard. He noted the existing house was moved to this lot from a site outside Belgrade, because a retired farmer did not want to leave his house and brought it to town. He indicated that the front house is to be the main house and the back one is to be the outbuilding. The houses are very similar, with some variations to make them look different; and they are same form as the existing house. Mr. Charlesworth turned his attention to the fence. He noted that the original intent was to erect fences to provide private outdoor spaces for each house; however, the front fence seemed a little intrusive, so they have lowered that fence to the allowed height and made it more transparent. The rear house, which has a substantial amount of glass, needs a little more privacy; thus, the six- foot-high fence has been proposed around that portion of the lot. As a result, he concluded by requesting that portion of the deviation be approved. No one spoke in opposition to the proposed project. Responding to Mayor Youngman, Planning Director Epple stated that staff is not opposed to a six-foot-high fence around the rear unit, just the front unit. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Minor Site Plan with Certificate of Appropriateness to allow the construction of two new single-family dwellings on the south 45 feet of Lots 9 through 12, Block B, Hoffman's Addition, as requested by Richard Charlesworth for Dorothy 8allantyne under Application No. Z-01150, with attendant deviations from Sections 18.18.030, 18.18.050 and 18.50.060 of the Bozeman Municipal Code to relax the lot area requirement by 51 percent for the additional unit, allow one unit to encroach 15 feet into the required 20-foot rear yard setback, allow the porch on the other unit to encroach 8 feet into the required 25-foot front yard setback and 2 feet into the required 5-foot side yard setback, and allow the fence around the rear house on the lot to exceed the height limitation by two feet, be approved subject to the following conditions: A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval for construction of the proposed sidewalk. 09-04-2001 -11- 10. 11. 12. 13. 14. Final site plan to show parking lot delineation for the separate rows with signage or approved "physical separation" per Sections 18.50.110.J&K for each unit. The parking lot in the final site plan will comply with Section 18.50.110.B.7. or approved pavers. Final site plan shall have all rooms clearly labeled for each unit as to their use and/or function. A statement with or on the final site plan that states a restriction that each unit is and will remain a single family residence. A sidewalk shall be installed one (1) foot from the property line along West Dickerson Street from the intersection of South Black Avenue east to the driveway as proposed. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of 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, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. A building permit must be obtained prior to the work, and must be obtained prior to the work, and must be obtained within one year of the final site plan approval. Building permits will not be issued until the final site plan is approved. Minor 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 IS OBTAINED. The applicant must submit seven (7) copies a final site plan within six months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The final site plan must be adequately dimensioned. A legend of all pertinent line types used shall also be provided. All existing and proposed utility services, curb boxes, and other easements must be shown on the final site plan. Runoff from all proposed site improvements shall be directed to on-site landscape areas to remove solids, silt, oils, grease and other pollutants, and provide retention so there is no adverse stormwater impact to adjacent properties. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Any cracked or unserviceable sidewalk panels located along South Black Avenue frontage shall be replaced in accordance with City of Bozeman standards. Mailbox location must be shown on final site plan and meet all USPS standards. 09-04-2001 12- 15. Any lighting, including that for security purposes, used to illuminate an off- street parking area, sign or structure, shall be arranged so as to deflect light down and/or away from adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall show the locations for, and detail of, any proposed wall mounted and/or signage lighting. 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 - Major Site Plan - allow construction of 60-unit condominium complex on Lots 1, 2 and 5, Block 1, North Meadows Subdivision - Promisco Construction for Sunshine Development, LL~ (Madison Place Condominiums, 427, 501 and 515 Michael Grove Avenue) (Z-01134) This was the time and place set for the public hearing on the Major Site Plan requested by Promisco Construction for Sunshine Development, LLC, under Application No. Z-01134, to allow construction of a 60-unit condominium complex on Lots 1, 2 and 5, Block 1, North Meadows Subdivision. The project is known as the Madison Place Condominiums and is located at 427, 501 and 515 Michael Grove Avenue. Mayor Youngman opened the public hearing. Assistant Planner Jami Morris presented the staff report. She noted this project was previously considered as informal application. Based on the comments received during that review, the applicant has submitted this formal application. The Assistant Planner noted that the subject property is located at the southwest corner of the intersection Durston Road and Michael Grove Avenue, and the project is to be accessed through three drive approaches off Michael Grove Avenue. She stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings and the recommended conditions for approval. She noted that, also included in the Commissioners' packets were proposed revisions to Condition No. 7 and a recommendation that the Commission act separately on directing staff to formulate a plan for development of the parkland adjacent to this project. Mr. Dennis Foreman, consulting engineer, stated the vast majority of comments forwarded during the informal review have been incorporated into the plan before the Commission. He voiced concurrence with the staff report and recommended conditions, as revised to include the new No. 7. He then addressed some of the conditions, suggesting that, in response to No. 3, the applicant be allowed to provide striping for the crosswalks rather than colored concrete. On Condition No. 7, Mr. Foreman noted that the subject parkland was dedicated with the North Meadows Subdivision. He recognized that in new subdivisions, the developer is to develop and maintain the park. In this instance, however, covenants were filed in conjunction with the subdivision to provide for maintenance assessments. He indicated that the developer is willing to add dirt and contour the park to provide an area for the kids to play and to provide berming between the park and the Montessori School. Ms. Nancy Characklis, head of the Montessori school, voiced concern that others already use the playground for the school. She noted that if the park is improved, it can be posted as a private park, but others will come there to play and that results in litigation concerns. She noted that in 1999, the developer of this subdivision requested that the cash-in-lieu monies they had paid be used to at least cut the grass if not to develop the park. That request was not acted on and, at this time, people are throwing old tires on the park area. She characterized another development with sixty units backed up to the playground and park area as intolerable. Mr. Michael Liebelson, member of the board for the Learning Circle School, noted that the Montessori school was the first facility constructed in this subdivision, and it has been very successful. He stated their problems revolve around the fact that the park has not been developed 09-04-2001 or maintained and, with the dense residential development that has since occurred, the children are using the school's playground equipment. The result is liability issues and additional equipment costs for the school. He suggested that, if the parkland is not developed and maintained somehow in conjunction with this project, the developer be required to provide a park and playground facility within the development. He concluded by voicing his sadness that the park and playground will be abutted by a large "wall of ColorLok tile". Mr. Dennis Foreman stated he understands the concerns voiced by representatives of the Montessori school. He noted, however, that this project involves three of the lots in this subdivision; and the lots are zoned "R-4", which allows for high-density residential development. He concluded by indicating a willingness to work with the school and keep the children from this development from using the playground equipment. He also indicated a willingness to work with the Park Department in doing some berming and contouring in the park, but he feels requiring this project to develop and maintain the park is harsh. He suggested that the $8,000 cash-in-lieu payment be used to possibly do some landscaping after the park is contoured. Mr. Shawn Shahan, applicant, recognized the business concerns voiced by the representatives of the Montessori school; however, he noted it is located in a high-density residential area and, as a result, it has been abutted by high-density residential developments. He confirmed Mr. Foreman's offer to work with the City and the Montessori school to provide berms and contouring in the park area, noting it is important to improve the park so everyone can use it. Assistant Planner Morris noted there are 24 lots in the North Meadow Subdivision. She then noted that the Superintendent of Facilities and Lands feels the park area should be planned and developed but that the applicant should not be required to provide maintenance for the park. Commissioner Frost suggested that, if the Commission allows striping rather than colored concrete where the pedestrian walkways cross pavement, it require the use of thermoplastic since it lasts longer than paint. Director of Public Service Debbie Arkell noted that when the original subdivision was done, 1.02 acres of parkland was dedicated, and the developer paid $8,058.85 in cash-in-lieu for the remainder of the parkland requirement. She noted that the Commission did commit to expend those monies on the park; however, that commitment did not follow the procedure as outlined in the Parks, Open Space and Trails (POST) Plan. She stated that, at the present time, the missing piece for the expenditure of those funds is the submittal of development plan. As a result, she is hesitant to accept the developer's offer to contour the park area without a development plan in place. She concluded by noting there is currently $66,700 in the cash-in-lieu of parkland fund. Commissioner Kirchhoff voiced his appreciation for the changes in design; however, he is still concerned about the number of units in this development, and suggested that the park problem might evaporate if the six units in the middle of the project were eliminated. He also noted that none of the units face Michael Grove Avenue; rather the sides of units abut that street frontage. He further suggested that the portion of the development closest to the Montessori school could be done in a more sensitive manner. He concluded by stating that, while he does not support this application, he is very cognizant of the significant improvements between the concept plan and this plan. Commissioner Frost stated he, too, has some serious problems with this plan. Mayor Youngman cautioned that the issues about fronting on Michael Grove Avenue were not raised until now, although fronting on Durston Road was discussed and has been addressed. She further cautioned that this application meets code and the density is what is allowed under this zoning designation. She recognized that, even though additional green space in the development would be nice, the application meets code; and additional requirements cannot be imposed at this time. 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 Major Site Plan requested by Promisco Construction for Sunshine 09-04-2001 -14- Development, LLC, under Application No. Z-01134, to allow construction of a 60-unit condominium complex on Lots 1,2 and 5, Block 1, North Meadows Subdivision, subject to the following conditions: Written approval for the location of the mailboxes shall be obtained from the U.S. Postal Service and the City Engineering Department and provided with the final site plan. The sidewalk ramp south of the open space area shall be aligned with the ramp across the drive aisle. The meander in the sidewalk shall occur within the protected open space in order to minimize conflict of pedestrian movements through the complex. o The pedestrian pathway running through the middle of the development to connect the dedicated parkland to Durston Road shall be constructed from a material that is either different in texture and/or color (i.e., stamped or stained concrete, pavers, etc.) or is striped with the standard crosswalk striping, done in thermoplastic. The property owner shall provide by-laws and covenants with the final site plan for the establishment of a condominium association and its obligation to maintain the development. o The picnic tables and barbeque grills shall be constructed of a permanent and durable material. The materials shall be noted on the final site plan, and maintenance of the open space and all associated outdoor accessories shall be noted accordingly in the by-laws and covenants to be reviewed and approved by Planning Staff. The color palette for the buildings including material samples and color chips shall be provided, for review and approval by the Planning Office, prior to final site plan approval. The property owner shall record with the Gallatin County Clerk and Recorder's office executed waivers of right to protest the creation of SIDs for a City-wide parks maintenance district. 8~ The applicant must submit seven (7) copies a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Director. 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 IS OBTAINED. 10. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of 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. 11. The final site plan shall be adequately dimensioned. 09-04-2001 -15- 12. 13. 14. 15. 16. 17. 18. 19¸. 20. 21. The extent of all improvements proposed for each phase shall be clearly depicted on the final site plan. All public infrastructure required for each phase shall be installed and accepted by the City prior to issuance of building permits in that phase. 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 by means of spot elevations and flow direction arrows, stormwater retention/detention basin details including basin sizing and discharge structure calculations, stormwater discharge destination and a stormwater maintenance plan. The developer's engineer shall confirm that the runoff generated by this project does not exceed what was anticipated in the overall storm drainage plan for the subdivision. The capacity of the inlet in Michael Grove Avenue shall also be confirmed. Retention and/or detention will be required for runoff that is not directed toward the detention pond constructed with the subdivision. Sewer and water services shall be shown on the final site plan and approved by the City Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. The location of existing water and sewer mains shall be properly depicted, as well as all nearby fire hydrants. The drive approaches shall be constructed in accordance with the City's standard drive 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. Plans and specifications for the fire hydrant and sanitary sewer relocations, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits for any phase shall be issued prior to substantial completion and City acceptance of all public infrastructure improvements required for that phase. City standard sidewalk shall be installed and properly depicted at the standard location i.e., 1 foot off property line, along the street frontages. Any deviation to the standard alignment or location must be approved by the City Engineer. Any proposed phasing of sidewalk installation shall be shown on the final site plan and approved by the City Engineer prior to final site plan approval. City Standard pedestrian ramps shall be installed at the intersection of Durston Road and Michael Grove Avenue. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided and approved by the City Engineer. Concrete curbing shall be provided around all new parking lot perimeters and adequately identified on the final site plan. Easements shall be provided for any public utilities not located in public right-of- way. Easements for any water and/or sewer main extensions shall be a minimum of 30 feet in width, with the utility located no closer than 10 feet from the edge of the easement. 09-04-2001 -16- 22. All existing utility and other easements must be shown on the final site plan. 23. 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. 24. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 25. All new water and sanitary sewer services will be installed to one foot inside property line/easement by the City of Bozeman Water Department at the owner's expense. 26. The site plan must clearly depict all existing and proposed water services and mains. This shall include the curb stop locations. 27. The site plan must clearly depict all existing and proposed sanitary sewer services and mains. 28. All water services to be abandoned will be disconnected at the main by the City Water Department and all costs will be borne by the owner. 29. All sanitary sewer services to be abandoned must be clearly shown on the final site plan. 30. All water and sanitary sewer mains, services and appurtenances must be shown on the site, landscape and paving plans. 31. Per Section 18.50.060.A "Permitted Encroachments Into Yards," porches, covered terraces, and covered decks and stoops, or similar features, will be allowed provided that such features shall not extend above the height of the ground floor level of the principal structure nor more than five feet into any required front or rear yard or two feet into any required side yard. 32. The wall-mounted lights depicted on the site plan are not in compliance with the City of Bozeman zoning ordinance. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.1. 33. Per Section 18.50.110. F. 3 "Disabled Accessible Parking Spaces," all accessible parking spaces shall be located as near as practical to a primary entrance(s) and shall be designated as those spaces closest to the primary entrance(s). One in every eight accessible spaces provided shall have an aisle eight feet wide and shall be signed "van accessible". Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall not be obscured by a vehicle parked in the space (72 inches from the ground to the bottom of the sign is recommended). 34. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman zoning 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. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission direct staff and the applicant to work together to formulate a plan for development of the park and, upon acceptance of the plan, the Commission may determine that monies be spent from the cash-in- 09-04-2001 17- lieu of parkland fund for development of the park, and further, that the Commission accept the applicant's proffering of equipment and materials for site preparation and possible shaping of the park area, in accordance with the approved development plan. 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. Public hearin.q - Variance from Section 18.50.060.D. of the Bozeman Municipal Code to allow 4-foot- hiqh solid wood fence to encroach up to 30 feet into the 35-foot stream/ditch setback on Lots 1-8, Block A, Lots 1-9, Block D, and Lots 1-10, Block G, Fer.quson Meadows Subdivision - Vector Group (east side of Fer.quson Avenue between West Babcock Street and Durston Road) (C-0104) This was the time and place set for the public hearing on the variance from Section 18.50.060. D. of the Bozeman Municipal Code, as requested by Vector Group under Application No. C-0104, to allow the construction of a 4-foot-high solid wood fence which encroaches up to 30 feet into the 35-foot stream/ditch setback on Lots 1 through 8, Block A, Lots 1 through 9, Block D, and Lots 1 through 10, Block G, Ferguson Meadows Subdivision. The subject property is located along the east side of Ferguson Avenue between West Babcock Street Street and Durston Road. Mayor Youngman opened the public hearing. Planning Director Andy Epple presented the staff report. He stated that homes are currently being constructed in the Ferguson Meadows Subdivision, which is located at the southeast corner of the intersection of Durston Road and Ferguson Avenue. This requested variance is to allow the developer of the subdivision to install a four-foot-high wooden fence the entire length of the subdivision along Ferguson Avenue, between West Babcock Street and Durston Road. This will provide a continuous, common fence appearance to the public right-of-way and a reasonable amount of privacy for those residents whose back yards abut that roadway. The Planning Director stated that the stream/ditch which meanders along the east side of Ferguson Avenue, was relocated about 20 feet to the east, so it was located on private property, in what is now common open space, and was enhanced as an amenity for this subdivision. While the waterway is not designated as a stream/ditch south of West Babcock Street, that portion north of West Babcock Street is spring fed and is designated as a stream/ditch, which triggers the 35-foot streambank setback requirement. Aisc, the recorded plat requires an additional 10-foot setback for structures. The Planning Director reviewed the existing situation along this roadway, noting that behind the existing curb and gutter, there is a 23-foot-wide boulevard, then sidewalk in the standard location 1 foot off the property line, a 20-foot-wide watercourse easement on private property, and a 30-foot rear yard setback. He stated that, as people have begun to build homes, they have voiced an interest in fencing their back yards, but found those fences could not be constructed in the 35-foot streambank setback. Responding to Commissioner Kirchhoff, the Planning Director stated the finish grade of the lots is probably two or three feet higher than the street. He then indicated that when boulevard trees are planted, they will be in the standard location. Further responding to Commissioner Kirchhoff, the Planning Director noted that Mr. Rob Pertzborn, 518 North Tracy Avenue, has suggested some alternation of fence and hedge or the addition of some landscaping to break up the length of the fence. Planning Director Epple stated the developer's intent is to construct a fence at a certain depth, in a straight line. He noted that the meandering of the stream has resulted in some grade changes, and the developer wants to construct a fence that is attractive. The Planning Director stated that staff has reviewed this requested variance in light of the criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report. He briefly summarized those findings and noted that, while staff is hesitant to recommend approval of variances, they found this request meets those criteria and has forwarded a recommendation for approval, subject to four conditions. 09-04-2001 8- Responding to Commissioner Kirchhoff, the Planning Director stated that maintenance of the stream/ditch, open space and tot lot is the responsibility of the homeowners' association. Mayor Youngman asked if the fence could potentially create an artificial flooding problem. The Planning Director responded that there is no discussion of cross fencing. He also indicated that the stream/ditch relocation was done under a 310 permit, and he was not directly involved with it. Responding to Commissioner Brown, the Planning Director indicated that the fence will be broken by cross streets. He also noted that boulevard trees will help to visually break up the appearance. He stressed that the fence is to be architecturally designed and well constructed, with a nice appearance from the street. As a result, he does not share the viewpoint that the fence will be a significant negative feature. He also noted that it will help to address safety concerns by ensuring that children don't accidently fall into the ditch. Responding to Commissioner Frost, the Planning Director stated that the maximum possible variance was advertised; if the Commission chooses, it could approve a lesser variance. Mr. Wayne Jennings, attorney representing the applicant, stated he cannot envision a time when flood waters would reach where the fence is proposed. He noted, in fact, if there were that much water, it would flow to the street. He reminded the Commission of the distance between the street and the fence, noting it is greater than the Commission Room is long. He characterized the fence as a safety issue, voicing particular concern about toddlers getting too close to the stream/ditch. He concluded by recognizing that the fence could be erected off the property line, but that would make the back yards smaller, and he envisions that many of these homes will be inhabited by families with small children. Mr. Sonny Greer, 523 North 23rd Avenue, stated he owns two of the lots that back onto Ferguson Avenue. He noted that a home has already been built on one of the lots, and he plans to start the other one shortly. He cautioned that if the developer does not construct a fence at this time, in ten years there will be a different fence behind every house. He concluded by stating that what the developer is proposing will provide for uniformity and a decent look from the street. Mr. Jim Schultz, applicant, stated he views the proposed fence as enhancing the driving experience on Ferguson Avenue. He cautioned that, if shielding is not provided, the result will be looking into the back yards of 27 residences. Director of Public Service Debbie Arkell stated that, at the Development Review Committee meeting, she suggested a fence configuration similar to one she has seen on a major street separating two residential neighborhoods in Fargo, North Dakota. She noted that they have solid wood fences, with the fence running along the lot line for four lots, then stepping in five feet for a short distance, with plantings in those indentations. She stated that provides visual separation and would provide relief if the creek were to flood. Responding to Commissioner Brown, the Director of Public Service stated that storage sheds are not allowed in the back yards of the lots backing to Ferguson Avenue. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost indicated that he could support a fence that is broken up as suggested by Director of Public Service Arkell, noting that the indents need to be only two to three feet deep. Mayor Youngman stated she does not feel it is in the public interest to construct a half-mile fence on the same alignment, although she does accept the arguments for safety and privacy. She proposed that Condition No. 4 be modified to include a variety of design through landscaping and alignment changes. Commissioner Brown stated he finds the proposal acceptable and, with landscaping, it will have a pleasing appearance. He indicated that he would be willing to wait for the trees to grow to provide the desired visual breaks. 09-04-2001 -19- Commissioner Kirchhoff stated he likes the Director of Public Service's suggestion. Commissioner Smiley indicated she feels periodic breaking of the solid fence would be an advantage. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the variance from Section 18.50.060.D. of the 8ozeman Municipal Code, as requested by Vector Group under Application No. C-0104, to allow the construction of a 4-foot-high solid wood fence which encroaches up to 30 feet into the 35-foot stream/ditch setback on Lots 1 through 8, Block A, Lots 1 through 9, Block D, and Lots 1 through 10, Block G, Ferguson Meadows Subdivision, be approved subject to the following conditions: Within the designated street vision triangle, "no fence, wall or planting in excess of thirty inches above the street centerline grade shall be permitted," as per Section 18.50.080. As per Section 18.50.070. D, any fence or wall constructed so as to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the street or the adjacent property. Per Section 18.50.060. D "Watercourse Setbacks," a minimum of five feet of the required thirty-five foot setback immediately adjacent to the watercourse shall be left in a natural vegetative state. The final location and design of the fence, which shall include a variety of design through landscaping and alignment changes, shall be subject to review and approval by the Department of Planning and Community Development prior to installation. 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. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from Citizens for Smoke-Free Bozeman dated August 28, 2001, encouraging the Commission to adopt their version of a smoke free ordinance. (2) Memo from Director of Public Service Arkell dated August 13, forwarding information on the North Wallace Avenue traffic analysis. (3) Comment in support of the requested WalMart expansion, submitted by Edith Welch. (4) Memo from Staff Attorney Patricia Day-Moore dated August 28 forwarding a draft revision to the noise ordinance in response to Commission direction. Staff Attorney Day-Moore noted this ordinance includes a couple major changes and asked that the Commissioners forward any concerns or comments prior to next Monday's meeting. (5) Copy of the public notice that garbage collection crews would not work on Labor Day and the landfill would be closed. (6) Listing of planning projects to be considered at upcoming Commission meetings. (7) Minutes from the 9-1-1 Administrative Board meeting held on July 25, 2001. 09-04-2001 - 20- (8) Minutes from the Gallatin City-County Board of Health meeting held on July 26, 2001. (9) Notice that there will be no County Commission meeting on September 4. (10) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. on Tuesday, September 4, at the Professional Building. (11 ) Memo from Planning Secretary Carol Schott indicating that the City Planning Board and Zoning Commission meetings scheduled for September 5 have been cancelled due to the lack of agenda items. (12) City Manager Johnson stated fire continues to threaten the Hyalite drainage, particularly since some wind changes are anticipated. (13) Planning Director Epple noted that smart growth is being incorporated into the designs submitted to his office for review. He then indicated that a gentleman has flown in from Arizona to obtain informal feedback on the concept plan for Valley West and asked that the Commissioners meet with him prior to his departure if at all possible. (14) Director of Public Service Arkell announced that she will be out of the office for two weeks, beginning next Monday. (15) Mayor Youngman stated a press conference to announce the Olympic torch bearers has been scheduled for next Wednesday at City Hall. Adjournment - 10:05 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 Brown, Commissioner Smiley and Mayor Youngman; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 09-04-2001