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HomeMy WebLinkAbout2001-08-27 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 27, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 27, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Planning Director Epple, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. 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 6, August 13 and August 20, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of August 6, 2001 be approved as submitted and August 13, 2001 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, and August 20, 2001 Consent Items City Manager Johnson presented to the Commission the following Consent Items. Exemption from subdivision review - allow aggregation of two lots described as Tract 1, COS No. F-37-E, and Lot A-l, Amended Plat F-37-D, located in Block 1, Kirks Second Subdivision, into a single lot - Spanish Peaks Plaza/Family Walk-In Care Clinic (E-0110) Authorize City Manager to sign Amendment No. 2 to Professional Services Agreement with Allied Engineering Services, Inc. - water main extension for the Bozeman Solvent Site Select Springsted Incorporated to serve as City's financial advisory for the library general obligation bond issue Acknowledge receipt of request for street name change from "Deadman's Gulch" to "Cattail Street" - Sandan, LLC; refer to staff 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. 08-27-2001 -2- Request from Parkin.q Commission for use of cash-in-lieu monies to fund additional enforcement efforts on Main Street during construction period dated which Included in the Commissioners' packets was a letter from the Bozeman Parking Commission, August 16, and an excerpt from Section 18.50.110.B.3.c. of the Bozeman Municipal Code, identifies how the cash-in-lieu monies may be expended. Chris Pope, downtown business owner and representing the Parking Commission, stated one of the immediate impacts of the construction project downtown, September 4 through November 1, is the loss of physical parking spaces on Main Street. The public perception is that parking in the downtown is in a mediocre state at this time, and the Parking Commission is working very hard to address issues that need to be addressed. They are talking to private parking lot owners who might consider lending or renting parking spaces to make up the spaces lost on Main Street during the construction period. But the Parking Commission still believes there needs to be aggressive parking enforcement in the downtown during this construction phase, and the Police Department is assisting with this effort. The Parking Commission is asking to hire, on a temporary basis, another parking enforcement officer during this construction phase. Because the Parking Commission has no operational funds, they are requesting an allocation of $6,000 of cash-in-lieu monies to fund these additional enforcement efforts on Main Street during the fall and spring construction periods. Commissioner Frost asked how much money goes into the general fund from parking. Mr. Pope responded approximately between $90,000 and $120,000. Mayor Youngman stated the Commission needs a progress report on the feasibility of a parking garage or other method of increasing the amount of parking in the downtown. Mr. Pope replied the Parking Commission has spent a significant amount of time investigating that issue. They are not yet ready to spend money on a parking structure, but they do expect to complete a plan for those structures in the near future. Commissioner Smiley stated this is a good use of the money and agrees the additional enforcement will be helpful during these two construction periods. Commissioner Brown noted this is an unusual request; but since it is non-recurring, he will vote in favor. It was moved by Commissioner Brown, seconded by Commissioner Frost, to grant approval of the Parking Commission's request to use cash-in-lieu monies to fund additional enforcement efforts on Main Street during the construction period. 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. Presentation of Business Improvement District (BID) work pro.qram for Fiscal Year 2001-2002 - Marilyn Tracz, Executive Director, Downtown Bozeman Partnership Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, highlighted excerpts from the work plan, which she distributed just prior to her presentation. Key points covered include the hiring of the Executive Director; the strategic planning that has occurred, including the creation of a listing of priorities and goals for the future; strengthening the relationships with core institutions and anchors downtown; pursuing ways of attracting the Performing Arts Center to a downtown location; continuing education of the Executive Director; work with the Department of Transportation to add highway signage directing visitors to the downtown; providing communications and publicity in order to bring name recognition to the group as the coordinating entity of all the downtown organizations; creation of a policy of snow removal after a certain amount of build-up; the downtown Bozeman streetscape project; and increasing the networking with Montana State University and other organizations in the community. The 2001-2002 budget was then reviewed by Ms. Tracz. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to acknowledge receipt of the Downtown Bozeman Partnership work plan and budget and direct staff to bring back 08-27-2001 -3- for the appropriate action. 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 urban renewal program budget for Fiscal Year 2001-2002 - Marilyn Tracz, Executive Director, Downtown Bozeman Partnership Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, reviewed the work plan, highlighting the following goals: developing a strategic plan for the next five years to address urban renewal projects; budgeting for additional advertising and publicity; purchase of snow removal equipment and hiring an employee to operate the equipment; purchase and installation of sidewalk furniture, including benches, waste receptacles, bicycle racks, flower baskets, and information kiosks; purchasing of lights for trees that line Main Street; assess the current condition of the alleys to determine necessary repairs; and the hiring of a private consultant to review the Montana Department of Transportation Downtown Main Street study. She then reviewed the 2001- 2002 budget. In response to comments from Commissioner Kirchhoff, Assistant City Manager Brey noted the BID is a self-assessment; tonight they are seeking approval of the work plan and budget. The resolution of assessment will come forward at a later date. Tax increment financing is an ongoing capture of property tax revenues, which has limitations attached by both the state and the Commission and can only be used to fund public projects or the public portion of private projects. Commissioner Kirchhoff asked if the $130,000 is the total tax increment financing. Bert Hopeman, downtown business owner, chair of the Downtown Bozeman Improvement District Board and member of the Downtown Business Improvement District Board, said they don't know for certain how much the tax increment financing will bring in. This is a rough estimate based on the increase in the tax base; the final figure will not be available until the end of the year. Steve Schnee, downtown business owner, chair of the Downtown Business Improvement District Board, member of the Downtown Bozeman Improvement District Board, and member of the Parking Commission, noted some cities in Montana have much higher increments; this is very conservative. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to accept the urban renewal program budget for 2001-2002. 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. Break 6:58 pm Mayor Youngman declared a break from 6:50 pm until 7:05 pm, in accordance with Commission policy. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Copy of the census information on the 15 largest counties and cities in Montana and the population changes from 1990 to 2000. (2) Letter from the Bozeman Area Chamber of Commerce, dated August 21, forwarding its position that mediation on the living wage ordinance is not appropriate for a number of reasons. (3) Letter from Superintendent of Schools Mike Redburn, dated August 21, responding to the Commission's letter regarding the Bozeman Senior High School parking district. 08-27-2001 -4- (4) Copy of a press release from COP Construction announcing closure of Springhill Road on August 22 and 23 for the solvent site water main installation. (5) Copy of a press release from Senator Burns' office inviting participation in an emergency communications conference to be held on Tuesday, August 28, at the Colonial Inn in Helena. (6) Listing of planning projects for upcoming Commission meetings. (7) Letter from Rex Easton, 9315 Cougar Drive, dated August 15, voicing concerns about the proposed 2020 plan. (8) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, August 28, at the Courthouse. (9) Agenda and revised agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, August 28, at the Professional Building. (10) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, August 28, at the Professional Building. (11 ) Agenda for the Greater Yellowstone/Teton Clean Cities Coalition meeting to be held on Wednesday, September 12, at Old Faithful. (12) Copy of letter from Babcock Meadows Subdivision homeowners regarding the failure of Gene Cook, developer of Babcock Vista modular home park, to comply with City codes and ordinances. City Manager Johnson offered the following FYI items: 1) As of noon today the fire is very near the ridgeline, but not on this side of the ridge. This is the number 1 priority fire in the nation at this time. 2) He will be in all week except Wednesday, when he will be helping Montana State University students move in from 9 am until 3 pm. During his FYI, Planning Director Epple offered the following: 1 ) The 2020 plan public hearing is scheduled for September 10; the WalMart public hearing is scheduled for September 17. 2) Valley West and Baxter Meadows concept plan PUDs and preliminary application submittals are coming through the review process. 3) Staff is working on the Babcock trailer park situation; there are a number of issues the neighbors are not satisfied with, and staff is trying to resolve them as best they can. 4) There are also upset neighbors in South Meadows, where Ken LeClair's condo project is underway. 5) Introduced Jim Jenks, the new Historic Preservation Officer, who will be presenting a project next week. City Attorney Luwe mentioned the following FYI items: 1) He has talked to the insurance company regarding insuring the water shed. The insurance company initially said the City is not covered; he believes the City is going to be denied coverage or, at least, fair value because of the impending fire. MMIA is working hard to find the City insurance on the open market. 2) Marilyn Tracz, Director of the Downtown Bozeman Partnership, will be covered under the City's insurance policy; and the Partnership will be charged the City's cost. 3) The staff report lists who is in the office and who isn't. Mayor Youngman offered these FYI items: 1) An ad has been prepared for at-large members for the citizen review panel for the water conservation plan; two members representing residential users and two members representing commercial/industrial users. The remaining panel members will be invitational. There is a list of categories and recommendations for people to fill those positions. 2) Received a letter from a young man who praises the Commission for the youth recreation opportunities and requests a second skate park. 08-27-2001 -5- During his FYI, Commissioner Frost stated the following: 1) The transportation examples received from Alex Phillips were outstanding; they need to be included in the master plan. 2) Raised the question of methane gas drilling; do the Commissioners want to take a position? That proposal can destroy this county in no time. Public hearing - Commission Resolution No. 3462 - intent to create SILD No. 670 - li.qhtin.q district for Allison Subdivision, Phase II This was the time and place set for the public hearing on the intent to create Special Improvement Lighting District No. 670, under Commission Resolution No. 3462, entitled: RESOLUTION NO. 3462 RESOLUTION RELATING TO LIGHTING DISTRICT NO. 670 (ALLISON SUBDIVISION, PHASE II); DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE 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. Mayor Youngman opened the public hearing. City Manager Johnson noted this lighting district is owner requested, and no protests have been received. Dave Jarrett, project developer, stated he had requested the creation of a lighting district for this subdivision, saying he believes it will make a nice addition to the subdivision. City Attorney Luwe pointed out the next step will be to have staff bring back a resolution of creation; and after its approval, the district will be included in the annual lighting district assessment. Mr. Jarrett asked when Montana Power Company could start the installation of the fixtures. City Attorney Luwe answered they cannot start until the resolution is created and receives Commission approval; hopefully, within one week. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to direct staff to bring back a resolution of creation of SlLD No. 670. 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 - Commission Resolution No. 3463 - intent to create SILD No. 671 - lighting district for Ferguson Meadows Subdivision This was the time and place set for the public hearing on the intent to create Special Improvement Lighting District No. 671, under Commission Resolution No. 3463, entitled: RESOLUTION NO. 3463 RESOLUTION RELATING TO LIGHTING DISTRICT NO. 671 (FERGUSON MEADOWS SUBDIVISION); DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE 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. Mayor Youngman opened the public hearing. 08-27-2001 6- City Manager Johnson stated the creation of this district is owner requested as well, and no protests have been received. Jim Schultz, Vector Group and requestor, said he, too, was interested in the time frame, which has already been answered. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to direct staff to bring back a resolution of creation of SlLD 671. 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 with Certificate of APPropriateness - WalMart Super Center Store for Geor_~e 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 siQna(~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) This was the time and place set for the public hearing 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. Mayor Youngman opened the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the public hearing be continued to September 17, at the Holiday Inn, per the applicant's request and to give the City's advisory bodies an opportunity to complete their reviews and forward their recommendations. 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. Public hearing - Certificate of Appropriateness with deviation from Section 18.50.050.F. of the Bozeman Municipal Code to allow construction of an 8-foot by 16-foot addition to the existin.q .qara.qe, which encroaches 10 feet into the required rear yard setback on the east 59 feet of Lots 1-6, Block 15, Capitol Hill Addition - Frances Whelan and Mark Schlipf, 404 West Harrison Street {Z-01147) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Frances Whelan and Mark Schlipf under Application No. Z-01147, with a deviation from Section 18.50.050.F. of the Bozeman Municipal Code, to allow construction of an 8-foot by 16-foot addition to the existing garage, which encroaches 10 feet into the required rear yard setback on the east 59 feet of Lots 1 through 6, Block 15, Capitol Hill Addition. The subject property is located at 404 West Harrison Street. Mayor Youngman opened the public hearing. Planning Director Epple presented the staff report, stating this application has been reviewed against the established criteria; and staff recommends approval. Mr. Epple further stated this project will enhance the neighborhood, with the existing landscaping being maintained. Mark Schlipf, 404 West Harrison Street and applicant, added this addition will be used as storage space for their numerous bicycles and garden equipment. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 08-27-2001 -7- It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Certificate of Appropriateness requested by Frances Whelan and Mark Schlipf under Application No. Z-01147, with a deviation from Section 18.50.050. F. of the Bozeman Municipal Code, to allow construction of an 8-foot by 16-foot addition to the existing garage, which encroaches 10 feet into the required rear yard setback on the east 59 feet of Lots 1 through 6, Block 15, Capitol Hill Addition, be approved subject to the following conditions: The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. The project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications 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 Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Public hearing - Conditional Use Permit for Planned Unit Development - Springer Group Architects for Dave MacDonald - allow construction of one 18-unit and three 12-unit apartment buildings on Tracts 5-7, Mountain Vista Subdivision (Brookside Park Apartments II, 2100 West Colleqe Avenue) (Z-011 26) This was the time and place set for the public hearing on the Conditional Use Permit for Planned Unit Development, as requested by Springer Group Architects for Dave MacDonald under Application No. Z-01126, to allow construction of one 18-unit and three 12-unit apartment buildings on Tracts 2 through 7, Mountain Vista Subdivision. The project is known as Brookside Park Apartments II and is located at 2100 West College Avenue. Mayor Youngman opened the public hearing. Planning Director Epple presented the staff report. He provided a description of the project, noting the subject property consists of two properties that have been aggregated by the owner. Currently one complex of 18 units exists, and this application is for phase two. The existing house on the newly acquired property is being considered for conversion to a community center for use by tenants, if feasible. The other house will be removed. This property is in the R4 district, which allows a maximum of 15 dwelling units per acre and to exceed that requires a PUD. This project is for 18 units per acre, requiring 30 percent open space, which is achieved. The Development Review Committee (DRC) and the Design Review Board (DRB) have reviewed this application against the criteria set forth. The DRC and Planning staff recommend conditional approval; the DRB has some unresolved issues, therefore there is no recommendation for approval from the DRB. The Planning Director called attention to a letter received from 28 residents of the Southbrook condos, commenting the hedge along the north property line will be inadequate to provide meaningful screening between developments and to prevent people from walking through their property to points north. They are requesting an additional condition requiring the installation of a fence along the north property line, The condo residents are also requesting the dumpster be moved away from the north property line and closer to the cluster of buildings. Another concern expressed is the horseshoe- shaped parking lot; the concern is it will become a "raceway". Staff does not feel that will be the case, and therefore does not recommend additional traffic calming in the parking area. Regarding the neighbors' noise control issues, that is not addressed in the conditions because of the pending noise ordinance, which may be more effective than adding conditions on the development. Planning Director Epple noted there is a requirement that Farmers Canal approve the ditch crossing. Research shows the ditch company has authorized the City to make any and all decisions regarding crossing the ditch. He, therefore, proposed adding "if necessary" to condition 32b. 08-27-2001 Commissioner Smiley pointed out the lights on the existing building do not meet the requirements. Planning Director Epple replied they will be brought into compliance. Dave McDonald, 804 North 19 Avenue and owner, responded to the fencing of the north side of the property, saying he is trying to preserve the beautiful, park-like setting and the existing mature trees. They surveyed all the trees on site and located the buildings specifically to preserve the existing landscape. Mr. McDonald noted that in back of the Southbrook condos there are existing hedges, so he moved the parking lot forward to preserve the existing hedges. His proposal is to fence through any "holes" in the hedges; but he is willing to install a chain link fence, if necessary, to preclude cutting through. Regarding noise control, Mr. McDonald said his leasing rules are included in the lease and provide for quiet time. On the issue of the non-conforming lights on the first building, he said that was a mistake between the lighting wholesaler and the electrician. The correct lights have been on order for over a month, and they will be installed as soon as they arrive. Commissioner Kirchhoff inquired about the existing house, proposed to be used as a community center. Mr. McDonald replied that is an option they are exploring, but the Fire Department may require it to be removed because it is not necessarily structurally sound. It is a movable log house, so there is the possibility of moving it off site. Lowell Springer, architect representing the applicant, said the owner has kept as his primary concern the park-like area and maintenance of the natural vegetation, which is an amenity. They have tried nine different site plans trying to preserve as much vegetation as possible. They have identified 32 trees worth keeping, and 26 of them will be preserved with this layout. In order to get enough parking, it must be on the perimeter. The conditions are acceptable and can be met. Mr. Springer asked the Commission to approve this project with the added condition that applicant work out DRB's concerns with staff. DOn Walters, 2200 West Dickerson, #83 and co-manager of Southbrook Condos, stated while he appreciates Mr. McDonald's concern for the residents of Southbrook, they have several issues they would like to have resolved. Those include: foot traffic, which currently exists even with a gate from the existing complex, will increase; the height of a 3-story building; the parking area is a concern; the location of the dumpster on the north border of the project; excessive, inappropriate noise; security, primarily of widows and furniture and barbeques on patios; and lights shining into the condos. Dan McGuire, 2200 West Dickerson, #76 and condo association president, stated the residents' main concern is the tenants of this project will be blocked-in for foot travel purposes. There is no sidewalk; no pedestrian egress at ali. The City requires and is constantly ordering in sidewalks, yet this development doesn't have one. Mr. McGuire pointed out it is not possible to safely walk on College Street, with the ditch, so the only place to egress is through Southbrook. Mr. McGuire acknowledged Mr. McDonald is very concerned with being a good neighbor; so if a project must be built there, they would prefer it to be one of his. Marilyn Irby, 2200 West Dickerson, #54, expressed concern that the dumpsters, as proposed, will face into residents' living rooms. Also, there are lots of widows living there, who afraid of people walking through the condo complex. Mr. McDonald stated perhaps he could put up a higher fence. The sidewalk issue is non- resolved; but he believes eventually the ditch will be covered and improvements to College Street will occur, and a sidewalk will be ordered in. Mayor Youngman asked if a footpath could be put in to facilitate pedestrian movement within the development. Mr. McDonald replied there is a sidewalk within the development. Commissioner Frost inquired if there will be a manager on site. Mr. McDonald responded there are no plans for that right now, but they do have a full-time property manager and are investigating various ways of patrolling the complexes. His intent is to maintain a very clean, neat property. His long-term goal for this project is ownership. 08-27-2001 -9- Commissioner Frost agreed the units to the north are very close to the fenceline; and he believes a solid fence should be required along this northern property line, as well as replacement of the fire gate. Commissioner Frost then asked about the narrowing of the dormers mentioned in the DRB minutes. Mr. McDonald said those comments refer to the 2-bedroom units, and the suggestion was made to try to make the dormers look more balanced to look more "architecturally clean". Commissioner Frost then asked if there will be any landscaping between the buildings on the west side. Mr. McDonald replied the DRB has recommended clump-style landscaping. Commissioner Frost wanted to know if the landscaping requirement has been met, to which Planning Director Epple replied that any additional landscaping being required per Planner Morris's report is to meet the necessary points in conjunction with the existing landscaping. Commissioner Frost noted the east and west sides are his concerns; it is a pretty barren area, with only parking and a small area of trees. Mr. McDonald added there is an existing clump of trees that will be preserved. Commissioner Frost suggested requiring landscaping on the outside edge of the parking lot to give it a softer edge. Mayor Youngman questioned the number of tenants per unit, noting city ordinance stipulates there cannot be more than four unrelated persons per unit. She asked Mr. McDonald if he included anything in the lease agreement stating this so the tenants are aware of the restriction when they sign the lease. Mr. McDonald said that when they rent to four people, they require more money for the fourth person. Their intent is to try to maintain sociological dynamics. Commissioner Kirchhoff asked if the applicant was requesting parking in lieu of landscaping. Mr. McDonald acknowledged he did at one time; but there are a sufficient number of parking spaces at this time, since revisions have been made to the original plan. He added that research shows that buildings with garages create parking problems because people do not use the garages for parking, thus creating more parking problems. Commissioner Frost said he wanted to clarify that in condition number 3 the alternative lighting must meet the same code provisions to direct light downward. Mr. McDonald replied that was understood. Mr. Springer noted they have tried to incorporate a site plan utilizing the existing vegetation, which means they are not strictly meeting the landscaping requirement. He asked if the Commission would be agreeable to an added condition stating that, in order to save the existing vegetation, as long as the average landscaping requirement is met, that would be acceptable. Planning Director Epple responded staff would be receptive to working on that basis. He added there is no on-street parking in this area; but there is a requirement for three parking spaces per unit, which will be a huge benefit for this project. Commissioner Smiley inquired about a cap on the waiver of right to protest. Planning Director Epple replied it is not standard practice to grant that; the creation of the SID must be fair and equitable, and staff has always concluded a cap is not appropriate for fairness. Director of Public Service Arkell added the assessment must be done proportionately, but a waiver does allow them to have input on the assessment method. Commissioner Brown questioned if speed bumps are required. Planning Director Epple answered they are not because of the large number of turns, which will regulate traffic. Commissioner Smiley asked if the dormer suggestion has been worked out. Planning Director Epple replied condition number 2 covers that. The Planning Director noted the relocation of the buildings themselves and direct access to the ground floor units from the outside are the unaddressed concerns of the DRB. Commissioner Kirchhoff stated he does not support the project overall. He has the following concerns: he believes there needs to be more relief on the buildings; more life and activity on the ground floor provided by entrances; the color of the buildings needs to be changed; the use of mature vegetation; uncertain of how people can socialize and interact unless the site is designed for that purpose. He added it is unfortunate that fencing is being required between the two properties; with 08-27-2001 -10- better design there might not be a need to barricade a building from what is next door. Commissioner Kirchhoff continued, saying the owner's intention to save the mature vegetation has caused him to paint himself into a corner with the placement of the buildings. He agrees with the DRB concerns regarding the integrity of the architectural design and the materials used. Also, there has not been any addressing of DRB's concerns between that meeting and this evening's meeting. Commissioner Kirchhoff closed by saying he has too many concerns to approve this application as presented at this time. Mayor Youngman asked if he is recommending sending this project back to the DRB. Commissioner Kirchhoff answered it is clear to him there is no desire by the applicants to reduce the number of units, which would be required to address those concerns. Commissioner Frost said he agrees with the DRB's concern regarding the architectural relief of the buildings. This is basically a flat building, the typical large apartment building, which is not architecturally inviting nor human friendly. The materials used are okay, but he would like to see real material used for accent to make it look more real. He would like to send this project back to the DRB to address their concerns, primarily the architecture of the buildings. Commissioner Smiley pointed out this is similar architecture as the Townhouse Apartments, which were built in the 1930s. She has no problem with the style, and she appreciates the preservation of the mature landscaping. This location is conducive for rental to students going to the university. Mayor Youngman questioned the exit of the western-most building, asking if the only exits are onto the parking lots. Mr. McDonald replied all units have balconies and patios, but the second and third floor residents will need to exit to the front. Commissioner Brown stated he appreciates the efforts to maintain the mature vegetation, acknowledging it is difficult to design a large complex that is interesting. He finds it to be an acceptable proposal, while agreeing there are challenges to moving pedestrians in this area. Mayor Youngman said she appreciates the applicant trying to save the vegetation, as well, per Commission guidance on previous proposals. She also would prefer to see some way to orient the buildings to still maximize the existing vegetation, but one that creates a more friendly sense of community. Mayor Youngman pointed out there is no sense of connection as it is designed, and she doesn't want to approve anything that will increase disinterest in neighborliness. Commissioner Kirchhoff acknowledged it is more difficult and costly to divide up the buildings to frame the space, but there would be a dramatically different impact of differently proportioned buildings. He reiterated he cannot support this application as it is; and he, too, recommends taking this application back to the DRB. Mayor Youngman also agreed this project needs to be sent back to the DRB to try to address their concerns. She believes there is a better building arrangement that will encourage a sense of neighborhood in the complex. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to leave the public hearing open and to send this application back to the Design Review Board to allow them to forward specific conditions to the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, and Mayor Youngman; those voting No being Commissioner Brown and Commissioner Smiley. Break 8:50 pm Mayor Youngman declared a break from 8:50 pm until 8:57 pm, in accordance with Commission policy. Continued public hearing - Major Site Plan with Certificate of Appropriateness to allow construction of a 5,525-square-foot bank with three floors of residential units and a parkin(~ (~arage on Lots 1-4 08-27-2001 1- and Lots 17&18, Block C, Story Addition, with deviations from Sections 18.50.080 and 18.32.060 to allow northeast corner of building to encroach into the vision triangle at a signalized intersection and to allow parapet gables to exceed maximum height by three feet {Cowdrey Towers) - Springer Group for Buz Cowdrey (southwest corner of intersection of West Main Street and South Grand Avenue) (Z-01068) This was the time and place set for the continued public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Springer Group for Buz Cowdrey under Application No. Z-01068, to allow construction of a 5,525-square-foot bank with three floors of residential units and a parking garage on Lots I through 4 and Lots 17 and 18, Block C, Story Addition, with deviations from Sections 18.50.080 and 18.32.060 of the Bozeman Municipal Code to allow the northeast corner of the building to encroach into the vision triangle at a signalized intersection and to allow the parapet gables to exceed the maximum height by three feet. The subject property is located at the southwest corner of intersection of West Main Street and South Grand Avenue and is the site for the Cowdrey Towers project. Mayor Youngman reopened the public hearing. Assistant Planner Caroline presented the staff report and reviewed the two aspects of this application - the demolition of the existing Firestone building, which is listed on the historical register, and the construction of a 33,000+ square foot building. After considerable review, in light of the established criteria, the DRC, DRB, and Planning staff recommend conditional approval. Comments have been received from former Historic Preservation Officer Derek Strahn, and his concerns are addressed in the conditions, if the project goes forward. Ms. Caroline called attention to the correspondence from various Boards and the Montana Historical/Architectural Inventory, which are included with the staff report. Commissioner Kirchhoff stated there are several selections included and asked which plan is to be reviewed. Assistant Planner Caroline responded the elevation marked "owner's preference" is the one to be reviewed this evening; the others were included because of DRB concerns. Commissioner Kirchhoff then questioned if the DRB has only one recommendation on the number of parapets. The Assistant Planner said the DRB is in concensus that the north and south elevations should have only one parapet gable. Lowell Springer, architect representing the applicants, showed a short video on this project. The applicants agree with the conditions, except for the single parapet gable; both the architects and the applicants prefer the three. This is a typical treatment and is in keeping with the period character, so it is important to this structure to have three gables. Mr. Springer stated this is not an historically significant building; and, structurally, it cannot be saved. He has talked to numerous individuals, including the last living employee of Fred Willson's; and all agreed this building was not designed by Fred Willson, although he did do some modification to the garage doors. Jim Webster, 311 South Third Avenue and Historic Preservation Board member, said it is great to have this type of mixed-use project downtown; and they don't want to freeze things in time. But because this building is on the National Historic Register, it must be treated in a specific manner. If this building is demolished, which the Board would prefer not happen, they request the front facade be saved, an inventory must be done, and proper documentation must be conducted. The Board requests those things be carried out. If this historic building is demolished, he hopes what gets built in its place is really special and is a worthy project to sit on this site. The quality of construction materials must be solid because the community will be looking at this building for years to come, and this building will need to stand well and with pride for many years to come. There also must be respect for the integrity of the surrounding buildings. Mr. Webster closed by saying the Historic Preservation Board asks the Commission to consider what is there, and is this exactly the project the city wants on this important corner. Marilyn Tracz, 909 West Curtiss Street and representing the Downtown Bozeman Partnership, stated they are forwarding a recommendation of being in favor of this project and the economic development it would bring to the downtown. They prefer the original 5-story plan for housing and mass of building, which makes more sense. 08-27-2001 12- Jon Gerster, 719 North Wallace Street and Historic Preservation Board member, noted it has been stated this is not an historical building and, therefore, can be torn down; but there have been modest, historical homes that have been saved recently. The building currently sitting there is historically significant in its own way and is signified as such by its Historic Register listing. Mr. Gerster expressed his concern with the large roof area and the way snow and ice will be coming off of this roof, creating a danger to pedestrians below. The parapets will act as snow load holders; and as it melts, it will create a hazard. Also, according to Mr. Gerster, the artificial bricks will not remain on that building (veneer bricks will fall off), which will land on the sidewalk and pedestrians below. He is also concerned this proposed building precludes the Catholic church from participating in Main Street; neither the church nor the rectory will be visible. Rachel Wallace, 401 South Willson Avenue, stated this would be a great building in some other location downtown; but in order to have this building, there will be a loss. She asked if the city must lose a building listed on the National Historic Register when the facade can be saved and the historic character can be echoed by a different design. She has no objection to the proposed building per se, just that it is being constructed at such a loss to the community. Ken Williams, 17 Lariat Loop, spoke in support of the original design of five stories. He stated it is not practical to rehabilitate that "old building". Steve Tanner, 807 South Grand Avenue and chair of the Historic Preservation Board, noted the concern is trying to balance improving downtown Bozeman with new housing, which is a fabulous idea, and increasing the amount of business space downtown. It troubles him, however, that the city will have to lose an historic building, although it is not important or impressive; but one that is a part of the fabric of the city. The downtown has lost many historic structures already. There is nothing wrong with this project, but an historic building should not be demolished to construct it. If that is done, then inventory, drawings, and records must be retained. He, too, feels if an historical building is torn down, then it is important that whatever replaces this building must be kept to a very high standard. Michael Dean, 908 South Tracy Avenue, said he is in favor of the concept of mixed-use buildings but not at the expense of the safety hazard of this roof design and architecture which is an "applique style similar to WalMart". He feels there is a total disregard for this community by the applicants, which predicts what the post-project will be. Mr. Springer said he appreciates the thought and concerns of these comments. They are very aware of the importance of historic architecture and the maintenance of older buildings. This building originally housed the Story blacksmith shop and later the Story auto dealership. This historic building played a significant role in the commerce of this area; and the best way to commemorate that is in the sculpture area, which will also commemorate the original use of this site. Mr. Springer then addressed the concerns about the roof and the snow load, stating that in heavy snow country there is a normal way to handle roof design - 80 percent of the roof is flat and the remaining sloped area is so steep snow won't accumulate on there. As an added precaution, they have designed a deep, wide gutter (12 inches wide and 12 inches deep) to contain the runoff. Commissioner Frost asked how much closer to the street this building is than the rest of the buildings on Main Street. Mr. Springer replied this building is in line with most buildings and is set back of others. Commissioner Brown expressed concern about this building overshadowing the rectory of the Holy Rosary Church, saying he believes it will be hidden. Mr. Springer replied it is hidden by the existing building. Commissioner Brown then asked what the separation will be between the buildings. Mr. Springer answered 25 feet, adding there is a large growth of large, dense trees between. Commissioner Kirchhoff inquired if there has been any communication with the Catholic church. Mr. Springer stated there is ongoing dialogue and probably will be for some time to come. The Cowdreys have offered the Catholic church access to parking all weekend if they would lease five spots to the Cowdreys for use during the work week. 08-27-2001 -13- Mayor Youngman noted a couple of testifiers have supported five stories, rather than four. She asked Mr. Springer to remind the Commission of the reason for that adjustment. Mr. Springer told the Commissioners that recommendation came from the DRB, although he believes the proportions of this building struggle at four stories, rather than five stories. Commissioner Kirchhoff then asked how far the decks protrude, to which Mr. Springer replied 18 inches over the sidewalk in the front and they are primarily cosmetic in nature. Commissioner Frost asked if the bricks are going to be real bricks. Mr. Springer explained they are real bricks, but all brick is a veneer because structural-bearing brick is not used any more. There are less seismic problems because there isn't as much weight at the top. Commissioner Frost expressed the following, based on Mr. Strahn's comments: the first floor is too small, the rest of the buildings downtown have a taller first floor; the parapets are not true dormers, they need windows and that area should be used for living space as well, like artists' lofts; bring the brick down to make it anchor the building so it doesn't look like it is floating; and the drive- through for the bank is out of scale and out of character. Mayor Youngman asked about putting lofts in the dormers. Mr. Springer replied creating more living space means additional parking and less open space. Commissioner Frost noted he did see an original drawing with the Firestone building being retained underneath and the upper floors being pushed back, and he feels it worked very well. Commissioner Smiley stated she likes the Firestone building, too. She also really likes the 5- story building and the three parapet gables rather than the one. Commissioner Kirchhoff feels it would be awkward putting a different style building on top of the existing Firestone building. He agreed if this kind of building is going to be constructed, this one could use a lift by bringing the first floor up higher to give the building a more vertical feeling. He felt more gables on the mansard roof would be an improvement, even if they aren't living quarters. Commissioner Brown stated if the Firestone building is not structurally sound, it is worth sacrificing it for a multiple-use building. He prefers the 4-story building rather than the 5-story building because he would be concerned about excessively shading the other side of the street. Mayor Youngman asked if a few lofts were added to the upper level, how much parking would be required. Assistant Planner Caroline replied 1.25 parking spaces per efficiency and 1-bedroom units, without on-street parking, for a total of five additional parking spaces. These spaces would not be able to be provided on-site; they would need to be off-site. Mr. Springer added there is very little space available for lofts because of the size of the mechanical system that is being used. Commissioner Frost inquired about the purpose of the green space in front of the building. Mr. Springer explained it is a design issue; concrete creates no humanity or warmth at the base of the building. Commissioner Frost said it doesn't fit the urban landscape; trees are softening enough. Commissioner Kirchhoff agreed the green space doesn't seem appropriate downtown. Commissioner Brown said he likes the green space and is in favor of retaining it. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Planning Director Epple clarified there are synthetic brick materials available; but this will be REAL brick veneer, although not full dimensional brick. It was understood by all the Commissioners that this project will utilize REAL brick veneer. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Major Site Plan with Certificate of Appropriateness, as requested by Springer Group for Buz Cowdrey under Application No. Z-01068, to allow construction of a 5,525-square-foot bank with three floors of 08-27-2001 -14- residential units and a parking garage on Lots 1 through 4 and Lots 17 and 18, Block C, Story Addition, with deviations from Sections 18.50.080 and 18.32.060 of the Bozeman Municipal Code to allow the northeast corner of the building to encroach into the vision triangle at a signalized intersection and to allow the parapet gables to exceed the maximum height by 3 feet, be approved subject to the following conditions: One additional disabled parking space (totaling three) shall be shown on the final site plan. All disabled spaces must be located closer to building entrances so that access to the building is not restricted by crossing a lane of traffic. One space shall be designated "Van Accessible" and appropriately marked as such. The Babcock Street access shall be appropriately signed for "Left Turn Only" upon egress. The Main Street access shall be signed "Right Turn Only" on egress and "Do Not Enter" facing Main Street. .. The canopy tree west of the site on West Babcock shall be trimmed. If this is a boulevard tree, a permit shall be obtained from the City Forester prior to trimming. If on private land, applicant should contact owner about trimming. Applicant shall install appropriate species of boulevard trees along Main Street and Grand Avenue in order to provide shade for pedestrians and bicyclists and create a friendly environment. All trees shall be located outside the street vision triangle for the subject property. Applicant shall contact Montana Department of Transportation for the review and approval of the street tree locations along Main Street. Applicant shall obtain the necessary boulevard tree permits from the Forestry Division. Tree species shall be of the same type as are proposed for the historic downtown streetscape project. Applicant shall provide a copy of the lease agreement, if acquired, for the three off-site parking spaces. The City of Bozeman shall be made a party to the agreement. The document must be reviewed and approved by the City Attorney's office. The document shall state that if, in the future, the agreement is revoked, the applicant shall pay, at that time, into the Parking Commission fund for those number of spaces not provided on-site. Applicant shall install historic period lighting along Main Street and Grand Avenue and within the interior parking lot areas. Applicant shall utilize the same manufacturer, style, and lamp as provided with the downtown streetscape project. Applicant shall contact the Planning Office or Stahly & Associates for the appropriate manufacturer, style number, and lamp specifications. Applicant shall provide historically appropriate street furniture (benches, trash receptacles, etc.) within the pedestrian courtyards along Grand Avenue. All details, specifications, and locations shall be shown on the final site plan and subject to review and approval by the City Engineering and Planning Departments prior to final site plan approval. Applicant shall provide a cut sheet for the Architectural Precast, Inc. or approved equal concrete planter for review and approval by the Planning Department prior to final site plan approval. Planning Department encourages the applicant to install historically appropriate tree grates in place of concrete planters to add to the historical component of the site. 10. Applicant shall install Neenah Foundry or approved equal tree grates along Main Street and Grand Avenue. Applicant shall provide cut sheets for proposed tree grates to the Planning Department for review and approval. Applicant shall 08-27-2001 -15- 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. contact the Planning Department for Neenah Foundry tree grate style and model number, if desired. Applicant shall redesign the trash enclosure to be of more appropriate historic material and design. Painted plywood doors with CMU walls are unacceptable. All resident underground parking spaces shall be appropriately signed. Locations and details of signage shall be shown on the final site plan. Applicant shall install bollards, concrete curbing, or pin-down curbing at the south turn-around area for parking in order to protect the adjacent landscaping from vehicle damage. Color and material palette, including brick type, cultured stone, DryVit, roofing material, etc., must be submitted to the Planning Office for review and approval prior to any approval of final site plan or issuance of building permits. HABS-quality drawings of the building shall be deposited in the Burlingame Special Collections at Montana State University prior to final site plan approval and the issuance of demolition or moving permits. Labeled black and white photos, fully documenting the existing building, should also accompany the architectural drawings. The Historic Preservation Officer will determine the extent of drawings or photographs needed for the collection. Applicant shall utilize a rougher split-faced, or other historically appropriate masonry alternative, rather than smooth-faced cultured limestone, subject to review and approval by the Planning Department. Window types and framing details must be shown on the final site plan, including specifics, and must be reviewed and approved by the Planning Department prior to final site plan approval. A concealed gutter/parapet system shall be designed to facilitate rooftop drainage and prevent snow loads from falling onto the sidewalks below. A detail of this system shall be submitted to the Planning Department. Design shall be certified by a registered architect that the design meets the criteria of this condition. Applicant shall incorporate retractable canvas awnings, traditional in design, if awnings are desired. Applicant shall provide a comprehensive signage plan for said project depicting location, general style, limitations of graphic design, dimensions, materials, color, and method(s) of illumination, for review and approval by the Planning Office prior to final site plan approval. Based on historical site use, a Phase I Environmental Site Assessment shall be performed for the property. The assessment shall include evaluation of current and past uses/practices of the property, review of owner/operator records, a review of local, state, and federal regulatory agency records including information regarding underground storage tanks and spills or leaks of potentially hazardous materials, a physical survey of the property and surrounding properties to assess the previous and current occupants in the area, a review of data regarding the local hydrology and geology, and an on-site visual inspection looking for signs of potential environmental hazards. Prior to commencement of demolition activities, results of the Phase I Environmental Site Assessment shall be provided to the City Engineer for review and approval. Should Phase I results identify potential contamination, a Phase 08-27-2001 -16- 22. 23. 24. 25. 26. 27. 28. 29. II Environmental Site Assessment will be required. Please note that if subsurface contamination is discovered, it must be reported to the Montana Department of Environmental Quality (MDEQ) within 24-hours, and it may not be excavated or disposed of without full characterization and MDEQ approval. The applicant shall provide the City Engineer with a copy of written approval from a licensed landfill agreeing to accept demolition debris prior to final site plan approval. Any floor drains proposed for the underground parking structure shall be shown on the final site plan. Floor drains located in a vehicle accessible area shall be provided with a City-standard grit/oil separator approved by the City Engineer. A detail for the grit/oil separator shall be provided with the final site plan. The existing pedestrian ramp located at the intersection of Babcock Street/Grand Avenue shall be either maintained or replaced. The pedestrian ramp at the corner of Main Street/Grand Avenue shall be installed in accordance with Section 02529 of the current City of Bozeman Modifications to Montana Public Works Standard Specifications. Details shall be included on the final site plan and approved by the City Engineer. Restricted parking along Main Street, Grand Avenue, and Babcock Street frontages shall be designated by appropriate Manual Uniform Traffic Control Devices (MUTCD) "no parking" signage, and yellow painted curb as follows: ao 10-feet eastward and 30-feet westward from the proposed Main Street access. bo lO-feet southward and 30-feet northward from the proposed Grand Avenue access. 30-feet westward from the intersection of Main Street and Grand Avenue, beginning at the point of tangency along Main Street. 20-feet southward from the intersection of Grand Avenue and Main Street, beginning at the point of tangency along Grand Avenue. 30-feet westward from the proposed Babcock Street access and from the access eastward to the Babcock Street/Grand Avenue intersection. Existing Grand Avenue drive approaches, which wilt not be incorporated into the proposed site improvements, shall be abandoned and replaced with City of Bozeman standard curb and gutter and sidewalk. The existing catch basin located along Babcock Street, near the intersection with Grand Avenue, shall be replaced with a standard storm drain inlet in accordance with Section 02721 of the current City of Bozeman Modifications to Montana Public Works Standard Specifications. Any cracked or unserviceable sidewalk panels located along the Babcock Street frontage shall be replaced in accordance with Section 02529 of the current City of Bozeman Modifications to Montana Public Works Standard Specifications. A new domestic water service must be provided from the 6-inch main in Grand Avenue. The existing domestic service must be disconnected and capped by the City of Bozeman Water Department at the owner's expense. This shall 08-27-2001 -17- 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. occur upon termination of service to the existing Firestone building at the owner's expense. Submittals for the fire service line must be provided by a professional engineer for review by the City. Fire service line must be shown on site, drainage, and landscaping plans. Backflow protection on the domestic and fire service lines must comply with current City of Bozeman standards. Application and fees for the water (fire/domestic) and sanitary sewer must be made at the Building Department. A new sanitary sewer service must be provided from the 8-inch main in Grand Avenue. The existing stub must be capped within 5 feet of the property line when the existing service is terminated. The sanitary sewer main in Grand Avenue is approximately 8 %" deep. This facility may require a sewerage injection system with the lower level parking garage. Pedestrian lighting along Main Street shall incorporate within the light fixture itself, a shield to direct light in a downward direction. Details and specifications, including bulb size and type, shall be reviewed and approved by the Planning Office prior to final site plan approval. Any lighting, including that for security purposes, used to illuminate an off- street parking area, sign, or other structure shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall show the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed 20 feet or the height of the tallest building on the lot, whichever is lower. For the City of Bozeman garbage collection service, the trash enclosure location and size shall be approved by the City Sanitation Division prior to final site plan approval. For private garbage collection service, a copy of the proposed final site plan showing the enclosure location and size shall be submitted to the private company for their review and approval. A copy of the proposed final site plan, which has been approved and signed by a representative of the private company, shall be submitted with the final site plan application. Single-stem canopy trees may be permitted in street vision triangles provided that the mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of 10 feet above centerline of streets. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for accessibility. All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in a space. Raised signs shall be located at a distance no greater than 5 feet from the front of each accessible space and shall be subject to review and approval by the Planning Department. 08-27-2001 -18- 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53, The configuration of the off-street parking shall be adequately dimensioned on the final site plan and shall comply with the requirements of Section 18.50.120 of the Zone Code unless a deviation or variance is requested and granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing, and curbing. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. All landscape plans shall meet the requirements of the Landscape Performance Standards. Thirteen landscaping points are required for this project and have been met on submitted landscaping plans. All rooftop and/or exterior mechanical equipment must be screened from view and must be shown on the final site plan. Cut sheets must be provided with final site plan submittal. All equipment and locations are subject to review and approval of the Administrative Design Review staff (ADR). The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. All existing utility and other easements must be shown on the final site plan. A Stormwater Drainage/Treatment Grading 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 that the existing site drainage will be enhanced by incorporating stormwater retention into existing or proposed landscaping elements. The plan shall include the following: 1 ) drainage directions and sufficient spot elevations demonstrating adequate drainage from proposed site improvements to on-site landscape areas, 2)stormwater discharge destination(s), and 3) a stormwater facility maintenance plan. Plans and specifications for the fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer 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. Existing sewer and water mains shall be clearly identified as existing. All fire hydrants within 500 feet shall be clearly depicted. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Occupancy and Street Cut Permits must be obtained from the Montana Department of Transportation (MDT) for location of water and sewer services within the State's right-of-way, where applicable. The proposed drive approaches shall be constructed in accordance with the City of Bozeman non-residential driveway approach requirements. The curb and gutter along the Grand Avenue frontage shall be replaced with City of Bozeman standard concrete curb and gutter (Standard Drawing No. 02528-1). 08-27-2001 -19- 54. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the plans. In addition, the appropriate concrete curb and gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail shall be provided to, and approved by, the City Engineer. 55. Applicant shall install Swedish Towering Aspens, or an approved equal, within the parking area near the south entrance to the building in order to provide a vertical element to the landscape design. 56. Applicant shall redesign the overhanging elements (the entrance to, and exit from, the drive-thru) to incorporate arch detailing, which would add historical character to this structure and make the support columns more substantial in appearance. 57'. Applicant shall lower the brick work to the mid-point of the windows of the second floor in order to relate all the residential floors to be of one material and to allow the ground floor to become a more distinguishable element. 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. Adjournment - 11:01 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. 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. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission MARCIA B. YOUNGer, Mayor PREPARED BY: KAREN L. DeLATHOWER Deputy Clerk of the Commission 08-27-2001