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HomeMy WebLinkAbout2001-06-04 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 4,2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 4, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Planning Director Epple, Director of Public Service Arkell, City Attorney Luwe 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, May 7, May 14, May 21, May 24 and May 29, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of May 24, 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, May 7, May 14, May 21 and May 29, 2001to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manager to sign - Acceptance of Utility Easement - Nancy Characklis - 7-foot-wide easement in vacated east/west alley in Block 19, Capitol Hill Addition, adjacent to the east 75 feet of Lot 19 Authorize City Manager to sign - Acceptance of Utility Easement - Joseph A. Sorensen - 7-foot-wide easement in vacated east/west alley in Block 19, Capitol Hill Addition, adjacent to the west 75 feet of Lot 19 Authorize City Manager to sign - Acceptance of Utility Easement - Richard K. and Melody M. Zajdel - 7-foot-wide easement in vacated east/west alley in Block 19, Capitol Hill Addition, adjacent to Lot 18 Acknowledge execution of Mutual Access Easement and Agreement between Richard K. & Melody M. Zaidel and Joseph A. Sorensen - use of vacated east/west alley in Block 19, Capitol Hill Addition, as common driveway Acknowledqe receipt of City Manager's Budget Recommendation for Fiscal Year 2001-2002 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 06-04-2001 -2- necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Ordinance No. 1538 - changing the names of various streets, including streets within the Durston Meadows Subdivision and Harvest Creek Subdivision, the old Highland Boulevard and the new Oak Street Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1538, as approved by the City Attorney, entitled: ORDINANCE NO. 1538 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE NAMES OF VARIOUS STREETS, INCLUDING STREETS WITHIN THE DURSTON MEADOWS SUBDIVISION AND HARVEST CREEK SUBDIVISION, THE OLD HIGHLAND BOULEVARD AND THE NEW OAK STREET IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1538, changing the names of various streets, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Ordinance No. 1540 - vacating east/west alley in Block 19, Capitol Hill Addition, lying between the north/south alley and South 6th Avenue Included in the Commissioners' packets was a copy of Ordinance No. 1540, as approved by the City Attorney, entitled: ORDINANCE NO. 1540 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THE EAST/WEST ALLEY IN BLOCK 19, CAPITOL HILL ADDITION, LYING BETWEEN THE NORTH/SOUTH ALLEY AND SOUTH 6TH AVENUE, IN THE CITY OF BOZEMAN, MONTANA. Engineering Assistant Andy Kerr reminded the Commissioners that the subject alley is located between South 6th Avenue and the north/south alley to the east and between West Cleveland Street and West Arthur Street. He noted one of the conditions of the alley vacation was that the adjacent property owners would provide utility easements, and two of the property owners would sign a mutual access easement for use of a portion of the vacated alley as a shared driveway. Those easements were just approved under the Consent Items, so the Commission may now adopt this ordinance vacating the alley. The Engineering Assistant noted that the alley has essentially been taken over by the neighbors for a number of years, so it could not be used as an alley. Responding to Commissioner Frost, the Engineering Assistant stated that the north/south alley is still blocked on the north end, and indicated that the neighbors can be required to remove the blockages if the Commission so directs. Commissioner Frost responded it would be a good idea to have the north/south alley opened again, particularly since the east/west alley is being vacated. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1540, vacating the east/west alley in Block 19, Capitol Hill Addition, lying between the north/south alley and South 6th Avenue, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye 06-04-2001 -3- being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Concept plan review - Madison Place {60-unit condominium project at southwest corner of Durston Road and Michael Grove Avenue) (I-01 24) Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris, dated May 29, forwarding background information and proposed plans for the condominium project. Assistant Planner Morris noted that the subject property, at the southwest corner of the intersection of Durston Road and Michael Grove Avenue, is zoned "R-4", Residential--High-density; and the applicant proposes to construct 60 condominium/townhouse units. Proposed setbacks for the project include 25-foot setbacks from Durston Road, 20-foot front and rear setbacks, and 5-foot side yard setbacks. The applicant also proposes 26-foot-wide drive aisles and 177 parking spaces plus 3 disabled parking spaces, while the zone code requires 170 parking spaces plus 6 disabled parking spaces. The Assistant Planner indicated that one of the issues which arose during Development Review Committee review was the potential of street cuts for additional water and sewer services while a street cut moratorium still remains on Michael Grove Avenue. Mr. Sean Shahan, applicant, indicated that Madison Place is designed as a high-density affordable housing project. He noted they have purchased three lots in the North Meadows Subdivision; and those lots are surrounded by four-plex apartment buildings and a school to the west, four-plexes to the east, and a single-family residential development to the north. He projected that this development would be completed in three phases. Mr. Shahan stated that a review of properties on the market revealed there are currently 20 properties in Bozeman for $105,000 or less; 13 of those are mobile homes, 5 are condominiums, and 2 are townhouses. Of those units, the newest was constructed in 1996. Responding to Commissioner Brown, Mr. Shahan stated the units are to contain 1,100 square feet on two floors. Responding to Commissioner Smiley, Mr. Dennis Foreman, consulting engineer, stated that a 56-unit apartment complex was previously approved for this subject property. He noted that, since Michael Grove Avenue is less than seven years old, it is subject to the street cut moratorium. He indicated that a mechanism has been identified for providing adequate water and sewer services without cutting the street. He then drew the Commission's attention to the fact that a 5-foot setback from the adjoining park is proposed for one of the buildings to provide adequate space for parking, and asked for Commissioner input on that issue. Responding to Commissioner Frost, Mr. Foreman stated that one parking space is provided in the garage and one space on the parking pad for each unit. In addition, there are parking areas within the development and 10 on-street parking spaces on Michael Grove Avenue, for a total of 180 parking spaces for the entire project. Further responding to Commissioner Frost, Mr. Shahan stated that first-time homebuyers are typically young couples or single professionals. He recognized, however, that some could be families with small children and, as a result, a small playground area has been proposed in the common area, which is close to the existing park. Mayor Youngman suggested that the play area be located adjacent to the park, noting the result would be to amplify both areas. Commissioner Frost suggested that access to the park be provided through the development, so that children aren't required to walk in the street to reach the playground or park area. As a result of discussion, the Commissioners suggested that adequate pedestrian circulation could be accomplished through the use of different materials or different colors if concrete is used. 06-04-2001 -4- Planning Director Epple stated it is his administrative position that the required setback adjacent to parkland is critical, and that it is even more important when a multi-family structure and a small parkland area are involved. He cautioned that allowing a 5-foot setback will either result in conflicts between the buildings and park uses or a significant portion of the park being unusable because people will tend to stay away from the building. He recognized that if the 20-foot setback is required, it will mean a loss of parking spaces and probably a loss of dwelling units. Mr. Shahan voiced concern that the loss of even one or two dwelling units will result in higher prices, which is a big issue when trying to provide affordable units. He then proposed the construction of a privacy fence between the park and the building if a 5-foot setback is allowed. After discussion, the Commissioners indicated they cannot support a 5-foot setback from the park area; rather, the required 20-foot setback is to be provided. In response to questions from Mayor Youngman about the color of the buildings, Mr. Shahan showed the Commissioners some samples of the colors to be used. He noted the siding is to be Arcadia green, and a light off-white is to be used for the trim. He indicated, however, that he would be willing to consider some different colors to help break up the appearance of the project. Responding to Commissioner Kirchhoff, Mr. Foreman stated there are to be two accesses plus an emergency access to the subject property. Commissioner Frost asked that trees be included in the landscape planters. Commissioner Kirchhoff requested that the fronts of the buildings, rather than the backs or sides of the buildings, be oriented toward the Michael Grove Avenue and Durston Road frontages. He indicated that, if that cannot be accomplished, the back of a building can be oriented toward the street as long as it is designed to look like the front of the building. Commissioner Frost stated he does not want to see fences along Michael Grove Avenue or Durston Road, noting that they are not pedestrian friendly. The Commissioners concluded the discussion by thanking the applicants for this opportunity to provide input on the proposed development. Break - 6:57 to 7:03 p.m. Mayor Youngman declared a break from 6:57 p.m. to 7:03 p.m., in accordance Commission policy. with Public hearing - Maior Site Plan with Certificate of Appropriateness - Osco Drug for David and Lou Ann Wallin - allow demolition of existing automobile dealership and construction of drug store on Lot I and portion of Lot 2, Kirk's Subdivision No. 3 {1800 West Main Street) (Z-01043) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness requested by Osco Drug for David and Lou Ann Wallin, under Application No. Z-01043, to allow demolition of the existing automobile dealership and construction of a drug store on Lot 1 and a portion of Lot 2, Kirk's Subdivision No. 3. The subject property is located at 1800 West Main Street. Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris, dated May 29, requesting that the public hearing be opened and continued to July 9 to give the Development Review Committee and the Design Review Board an opportunity to review the revised plans and forward their recommendations. Mayor Youngman opened the public hearing. 06-04-2001 -5- It was moved by Commissioner Frost, seconded by Commissioner Brown, that the public hearing be continued to July 9, to give the advisory bodies an opportunity to review the revised plans and forward their recommendations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Brown, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none. Public hearing - Certificate of AoDroDriateness - to allow for expansion of existing garage in rear yard setback, construction of 19-foot by 24-foot addition with porches to connect house and garage, and new sidewalks and entrance landing, with deviations from Sections 18.18.050, 18.50.060.C. and 18.50.060, Bozeman Municipal Code, to allow height of .qara.qe which encroaches 20 feet into required 20-foot rear yard setback to be increased by 4 feet, allow side porch addition to encroach 6 feet into required 15-foot corner side yard setback and allow concrete walkway with steps and landing area to extend more than 5 feet into required 15-foot corner side yard setback on Lots 7-10, Block 15, Capitol Hill Addition - Scott and Lori Lawson, 405 West Cleveland Street (Z-01038) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Scott and Lori Lawson under Application No. Z-01038, to allow for expansion of the existing garage, construction of a 19-foot by 24-foot addition with porches to connect the house and garage, and new sidewalks and entrance landing on Lots 7 through 10, Block 15, Capitol Hill Addition. In conjunction with this application is a request for deviations from Sections 18.18.050, 18.50.060.C. and 18.50.060 of the Bozeman Municipal Code to allow the height of the existing garage, which encroaches 20 feet into required 20-foot rear yard setback, to be increased by 4 feet, allow the side porch addition to encroach 6 feet into the required 15-foot corner side yard setback, and allow a concrete walkway with steps and landing area to extend more than 5 feet into the required 15-foot corner side yard setback. The subject property is located at 405 West Cleveland Street. Mayor Youngman opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He noted that several modifications are being proposed to the existing site, including increasing the height of the existing garage by four feet, adding porches and a new entrance landing on the existing house, and construction of an addition which connects the existing house and garage. He indicated that these improvements will require several deviations to permit encroachments into the various setbacks. The Historic Preservation Planner stressed that the main entrance to the home will still be on West Cleveland Street; and the appearance of the home from that frontage will remain essentially the same. He noted that the proposed addition will front on South 4th Avenue, which is a far less traveled street than West Cleveland Street. Historic Preservation Planner Strahn noted that staff is supportive of this application, with conditions which ensure that the project will be historically appropriate and meet the criteria for deviations. He characterized this project as significantly different from other projects recently considered. The addition, in comparison to the existing house and garage, is substantially smaller; and it also fronts on South 4th Avenue. The project will not impact any mature vegetation on the site; and, with conditions, staff has determined it is in conformance with the Secretary of the Interior's Standards. Staff has received only one written comment on this project, and it was in support. Responding to Commissioner Brown, the Historic Preservation Planner stated that use of the space over the garage has not yet been identified, but it will not be used as a living unit. He suggested that the bathroom in close proximity to the garage could be for the convenience of anyone who might be staying above the garage. Mr. Scott Lawson, applicant, stated they plan to use the space over the garage for storage, but they may wish to improve it for additional living space or a bedroom at some time in the future. No one was present to speak in opposition to the proposed project. 06-04-2001 -6- Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness requested by Scott and Lori Lawson under Application No. Z-01038, to allow for the expansion of the existing garage, construction of a 19-foot by 24-foot addition with porches to connect the house and garage, and new sidewalks and entrance landing, with deviations from Sections 18.18.050, 18.50.060.C. and 18.50.060 of the Bozeman Municipal Code to allow the height of the existing garage, which encroaches 20 feet into required 20- foot rear yard setback, to be increased by 4 feet, allow the side porch addition to encroach 6 feet into the required 15-foot corner side yard setback and allow a concrete walkway with steps and landing area to extend more than 5 feet into the required 15-foot corner side yard setback on Lots 7 through 10, Block 15, Capitol Hill Addition, subject to the following conditions: To better accentuate the South Fourth Avenue entrance and stay in keeping with the character-defining features of the Mediterranean Revival style, the proposed porch railing on the connecting addition shall be constructed of decorative ironwork rather than wood. The specific design of the proposed second story windows on the modified existing garage as the overall character and appearance of the garage's north elevation will be subject to the administrative design review of the Historic Preservation Planner, prior to the issuance of a building permit. To better ensure that the proposed roofing materials are generally compatible with the architectural style and overall character of this historic residence, the final selection for roofing materials will be subject to the administrative review and approval of the Historic Preservation Planner, prior to the issuance of a building permit. The applicant will 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 Brown, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearing - Conditional Use Permit with Certificate of Appropriateness - Allied Engineering for Gallatin Center Limited Partnership - allow construction of 8,584-square-foot restaurant which serves alcoholic beverages on Lot 4, Gallatin Center Subdivision Planned Unit Development, Phase I {Johnny Carino's Restaurant, 2159 Burke Street) (Z-01046) This was the time and place set for the public hearing on a Conditional Use Permit with Certificate of Appropriateness, as requested by Allied Engineering for the Gallatin Center Limited Partnership under Application No. Z-01046, to allow the construction of an 8,584-square-foot restaurant which serves alcoholic beverages on Lot 4, Gallatin Center Subdivision, Phase I. The subject property is located at 2159 Burke Street and is to house Johnny Carino's Restaurant. Mayor Youngman opened the public hearing. Assistant Planner Jeff Monroe presented the staff report. He stated that under this application, an 8,584-square-foot restaurant is to be constructed on a lot in the Gallatin Center which is slightly 06-04-2001 -7- over two acres in size. He indicated that, in conjunction with this restaurant, the applicant proposes to sell alcoholic beverages and to have less than fifteen gambling machines. 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. As a result of that review, staff is forwarding a recommendation for approval, subject to several conditions. Responding to Commissioner Brown, the Assistant Planner indicated the definition of a casino is fifteen or more gambling machines and signage. Since the applicant is proposing less than fifteen machines and no signage, it is not considered a casino under the City's zone code. Responding to Commissioner Frost, the Assistant Planner stated the proposed access onto Valley Center Drive is slightly over 250 feet from its intersection with North 19th Avenue. He noted that, since Valley Center Drive is a State highway, the Montana Department of Transportation must approve the access; however, it does meet the City's guidelines. Planning Director Epple stated that staff, applicant and the developer of Gallatin Center met with representatives from the Montana Department of Transportation today; and they will not approve the requested access onto Valley Center Drive because of stacking at the intersection. Mr. Gene Graf, developer, stated there are two accesses into the bank which is immediately adjacent to this project. He noted that one of the recommended conditions requires the installation of a stop sign for those leaving the parking lot for this restaurant and exiting onto one of those drives. He asked that the proposed lantern lights be allowed on the exterior of the building, with darker glass panels and possibly Iow wattage bulbs, because they are more in keeping with the style of the building than a shielded light would be. He stated that only beer and wine will be sold in the restaurant, not all alcoholic beverages. He concluded by asking that Condition No. 16 be modified to allow for the access off Burke Street to conform with the requirements of the planned unit development, which include a radius on the curves rather than straight access points. Mr. Paul Ward, applicant, showed the Commissioners some pictures of the proposed lighting fixtures which were taken at night. He stated the lanterns are decorative and add to the character of the building. He noted that he and his wife are Bozeman natives and have been in the retail business for twenty years, owning two different businesses in the Gallatin Valley Mall. He stated they now want to focus on this restaurant, which serves Northern Italian cuisine in a family dining atmosphere, with large portions at a moderate price. Responding to Mayor Youngman, Mrs. Karen Ward, applicant, stated they are proposing the installation of gambling machines to help offset the $230,000 cost of the beer and wine license. In response to concerns voiced by Commissioner Frost, Planning Director Epple suggested that Condition No. 6 could be revised to state "...shall be replaced, unless specifically approved by the Administrative Design Review staff". He noted that, if staff finds the amber glass panels in the lantern style light are dark enough to meet the intent of the code, they could allow those light fixtures to remain rather than being replaced with shielded fixtures. Mr. Dick Shanahan, architect, showed the Commission a color rendering of the building, along with a sample board of the materials to be used. He stated that the total structure will be viewed from various street frontages, and the standard design for this franchise has been revised to provide attractive appearances from all streets as well as comply with the code requirements. He indicated that the design also meets the covenants of the Gallatin Center. He noted that the materials to be used on the building are common in the community, and allowing the lantern lights to remain will help to make it a unique structure. Mr. Chris Budeski, Allied Engineering, voiced concern about the type of driveway approach required under Condition No. 16, noting it does not lend itself to commercial development. He asked, rather, that the radius approach for the Gallatin Center development be allowed. 06-04-2001 -8- Responding to Commissioner Kirchhoff, Planning Director Epple stated that improvements to Valley Center Drive and North 19th Avenue are triggered with Phase II of Gallatin Center; and this restaurant is located in Phase I. Responding to Commissioner Frost, the Planning Director stated that smaller canopy street trees are proposed for this site; and that is in keeping with the guidelines for development within this planned unit development. Responding to Commissioner Smiley, the Planning Director suggested that Condition No. 16 could be revised to read "...driveway approaches in accordance with ... or in accordance with the adopted guidelines for Gallatin Center PUD, Phase 1". He indicated that this change in condition will require a similar change in Condition No. 22. Commissioner Frost reviewed alternative language for Condition No. 6, as provided by City Attorney Luwe, which adds "and as specifically approved by the ADR staff" at the end of the condition. No one spoke in opposition to this proposed development. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Conditional Use Permit with Certificate of Appropriateness, as requested by Allied Engineering for the Gallatin Center Limited Partnership under Application No. Z-01046, to allow the construction of an 8-584-square-foot restaurant which serves alcoholic beverages on Lot 4, Gallatin Center Subdivision Planned Unit Development, Phase I, be approved, subject to the following conditions: That the fifty (50) and seventy (70) foot wide greenway corridors along North 19th Avenue and Valley Center Road will be identified on the site plan as a "public open space easement" for access and use by the general public and that the applicant execute said public easement at the Clerk & Recorder's Office prior to final site plan approval. All improvements as required in Phase 1- Corridor Area Landscaping Construction Sequence. See Gallatin Center Development Guidelines, a. North 19th Avenue Greenway Corridor; and b. Valley Center Road Entry Corridor - Southside of Valley Center Road. That the linear trail along the greenway corridor shall be constructed as specified in Section 18.54.110.G of the zoning ordinance and as specified in the Gallatin Center PUD Guidelines, that a typical detail with specifications of the trail improvements be provided on the site plan, and that written approval of the trail corridor shall be obtained from the Bozeman Planning Department prior to final site plan approval. Stormwater runoff retention ponds may not be permitted in the greenway corridor or any required yard setback unless they are designed in an organic form and do not exceed a maximum slope of 1:4 or a maximum depth of 1 ~ feet and are reviewed and approved by the Planning Office prior to final site plan approval. Cash-in-lieu of water rights must be paid ($2,381.50) before final site plan approval. All landscape areas shall be grass turf unless otherwise specifically noted on the landscape plan. The greenway corridor shall be seeded with a drought resistant "native grass" as outlined in Section 18.54.110.F.l.b of the zoning ordinance and all retention ponds located in the required yard setbacks shall be landscaped with grass turf or other similar live vegetation, and not washed gravel or other similar organic rock, unless approved by the Planning Office prior to final site plan approval. 06-04-2001 -9- 10. 11. 12. 13. 14. 15. 16. 17. The wall-mounted, lantern-style lighting shown on the elevations shall be replaced with a design that is consistent with Section 18.50.035.A.1 & 2 of the zoning ordinance as well as the criteria set forth in the covenants for the planned unit development unless specifically approved by the Administrative Design Review staff. Concrete curbing is to be installed along both sides of the drive access off Burke Street and Valley Center Road per Section 18.50.110.B.11.a. A copy of a shared access agreement (joint easement) for the proposed driveway along Lots 4, 5 and 6 will need to be submitted to the Planning Office prior to final site plan approval. The applicant shall obtain a City of Bozeman Beer and Wine License, and provide the Planning Office with a copy of the license prior to final approval. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. A copy of the State Revenue Department On-Premise Beer and Wine License to serve alcoholic beverages at the restaurant at 2159 Burke Street shall be submitted to the Planning Office prior to final site plan approval. Furthermore, any expansion, modification, or enlargement in the scope of the on-premise license or its use, as established as of the date of issuance of the license, will require another authorized Conditional Use Permit. That the applicant will require to submit a copy of the Montana Department of Transportation approval for the driveway access off Valley Center Road prior to final site plan approval. That the applicant will comply with Sections 18.49.060.C.2.e.iii and 18.50.110 of the Bozeman Municipal Code as they relate to parking lot requirements for this proposal. A stop sign shall be installed for the exiting traffic from the restaurant parking lot access between the First Interstate Bank and Johnny Carino's Restaurant and approved by the Planning and Engineering Office. Applicant shall install closed shutters in the upper false window/vent reliefs on the south and west elevations. That all utility panels and equipment, and ground mounted mechanical equipment, be sited to the side of all structures and properly screened from the public streetscape. No ground-mounted mechanical or utility equipment shall encroach into the front yard setback. Drive approaches shall be constructed in accordance with the City's standard non-residential driveway approach (City of Bozeman Standard Drawing Number 02529-11 ) or in accordance with the adopted guidelines for Gallatin Center PUD, Phase I. That the final site plan shall be adequately dimensioned with water and sanitary sewer mains, services and appurtenances, landscaping and paving details. The 06-04-2001 -10- 18. 19. 20. 21. 22. 23. 24. 25. 26. location of the domestic water and fire service must be shown on the building floor/plumbing plan, with backflow protection, and approved by the Water Superintendent. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. The Stormwater Drainage/Treatment Grading Plan and Maintenance Plan should be coordinated with landscape planning so that trees and shrubs which do not proliferate in standing water are located outside of the designated stormwater basins. The stormwater basins should be coordinated with landscaping design and location of pedestrian trails adjacent to North 19th Avenue and Valley Center Road. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. The location of existing water and sewer mains shall be properly depicted as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) or in accordance with the adopted guidelines for the Gallatin Center PUD, Phase I, 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. The joint access on the west side of the property needs to be recorded, and a copy supplied to the Planning Office prior to final site plan approval. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. All existing utility and other easements must be shown on the final site plan. 06-04-2001 11- 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning ordinance for review and approval prior to final site plan approval. That the applicant prepare a common signage plan for said property that complies with the Bozeman Sign Ordinance, Section 18.65.070, depicting location, types, color and illumination methods for all signs proposed with the application, for review and approval by the Planning Office prior to final site plan approval. A unified professional quality depicting style(s), materials, color, and methods of illumination that does not exceed a maximum total area of 400 square feet, shall be submitted for review and approval prior to final site plan approval. Sign permits are required and obtained at the City Planning Office. 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 the location for, and a detail of, any proposed wall-mounted and/or signage lighting. That the applicant provide adequate snow removal storage areas on the subject property or that a legal document be executed guaranteeing the provisions for proper removal of accumulated snow within a 24-hour time period for review and approval prior to final site plan approval. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to final site plan approval. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. The Planning Office shall forward a copy of the approved final site plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. That a building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site 06-04-2001 2- plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 37. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 38. That the applicant upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No being Commissioner Kirchhoff. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from John Maykuth, 905 South Church Avenue, to Mayor Youngman, dated May 29, providing input as a result of the town meeting. (2) Memo from Staff Attorney Patricia Day-Moore, dated May 31, forwarding a revised noise ordinance for Commission review prior to next week's meeting. (3) meetings. Copy of the schedule of planning projects to be considered at upcoming Commission (4) Minutes from the Board of Health meeting held on April 26 and special meeting held on May 11, and the minutes of their budget sub-committee meeting held on April 30, 2001. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 5, at the Professional Building. (6) Agendas for the City Planning Board meeting to be held at 7:00 p.m. and the Zoning Commission meeting to be held at 8:00 p.m. on Tuesday, June 5, in the Commission Room. (7) City Manager Johnson submitted the following. (1) Stated that he and Assistant City Manager Brey will be attending a meeting of City Managers from the larger cities in the state on Thursday and Friday. (2) Noted that testing for the firefighter consortium is taking place at Shroyer Gym on the MSU campus this week, and Commissioners are invited to view that testing. (3) Noted that the budget book distributed to the Commission today includes a short paragraph indicating a town meeting was held; and that paragraph will be revised following the public hearing to reflect the issues raised during that meeting. (8) Planning Director Epple announced that staff is beginning to receive the application for WalMart's major site plan, from a variety of sources. He noted that the hearing on this application will probably be scheduled for early August. (9) City Attorney Luwe announced that Staff Attorney Day-Moore will be out of the office from next week until the end of June, so any desired changes to the noise ordinance should be submitted by Thursday. He will also be out of the office next week, to attend a PRIMA conference. 06-04-2001 13- (10) Director of Public Service Debbie Arkell noted that the "no parking" signs were removed from North Wallace Avenue on Wednesday; and Jerry Perkins, Karst Stage, has called to voice concerns that parking on both sides of the street makes it difficult for buses to enter or exit the parking lot. As a result, he has requested that no parking be allowed in front of his business for the safety of those cars. She stated that Engineering Assistant Andy Kerr has reviewed the site and concurs with that request; as a result, she is seeking authority to restrict parking on the west side of the street adjacent to Karst Stage. After discussion, the Commissioners agreed that Mr. Perkins should meet with the neighborhood to see if an agreeable solution can be reached. (11) Director of Public Service Arkell stated that perpendicular parking is occurring on both North Wallace Avenue and East Cottonwood Street. She noted that the Bozeman Municipal Code allows perpendicular parking only if the area is signed for such parking; and staff suggests that the parking officer be sent to that area to personally notify the drivers, rather than simply sending letters or ticketing the cars. She concluded by stating she has written a letter regarding the encroachments at the truss plant; and she plans to personally visit the business owners rather than simply sending the letter. (12) Director of Public Service Arkell reminded the Commissioners that petitions for creation of lighting districts have been received for both Ferguson Meadows and Allison Subdivision, Phase II, as required under the conditions for plat approval for those subdivisions. She noted that the City has also executed agreements with Montana Power Company for installation of those lights; and creation of those districts is now needed. Responding to Commissioner Kirchhoff, the Director of Public Service stated the type, spacing and wattage of those lights is included in the executed agreements. (13) The Director of Public Service provided a brief update on water usage, noting that Hyalite Lake is full, and Sourdough Creek is running close to what it was at this time last year. She then provided comparisons between the amount of water treated during the past week for both this year and last year, concluding by noting that the amount treated was consistently 2 to 3 million gallons more per day this year than for the same day last year. She stated the Water Treatment Plant personnel are monitoring the water levels on a daily basis, and if they identify problems, the first step will be education, followed by odd/even watering restrictions if necessary. She indicated the educational efforts could include newspaper ads and possibly a coordinated television effort with Butte. Responding to Commissioner Kirchhoff, the Director of Public Service stated that about 50 percent of the City's water usage is from Hyalite Reservoir, with the remainder coming from Sourdough Creek. She then indicated that Lyman Creek will not be back on line this year, but hopefully will be for next year. (14) Director of Public Service Arkell stated that she and Planning Director Epple met with several developers in the North 19th Avenue corridor today to discuss future development and the timing of road improvements. (15) June 15. Commissioner Brown announced that he will be out of the country from tomorrow to (16) Responding to Commissioner Kirchhoff, City Manager Johnson noted that the minutes from the Commission meeting held two weeks ago revealed discussion on the memorandum of understanding with the Library Board of Trustees is to be delayed until after the election has been completed. The Commissioners confirmed that timeline. (17) Responding to Commissioner Kirchhoff, City Attorney Luwe stated that Staff Attorney Cooper completed his initial research on big box stores; and he has requested additional research and an opportunity to meet with Planning staff prior to submitting that information to the Commission. 06-04-2001 14- (18) Commissioner Kirchhoff stated that the American Wildlands group has requested an opportunity to appear before the Commission next week to make another presentation and hopefully gain support through the signing of a proclamation. The Commissioners indicated a willingness to listen to their presentation. (19) Commissioner Smiley announced that the Gallatin County Trails Advisory Board has finished eighteen months of categorizing trails and preparing maps, which are now available on CD. She indicated that this information is to be posted on the City's web site; and the next step will be for the County to create a formal board responsible for getting the trails built. (20) Responding to Commissioner Brown, City Manager Johnson stated the Beall Parks Arts Center has approached him about a five-year extension of their lease. He noted that he has met with them and will be bringing forward a lease agreement for Commission consideration which includes increased rent and maintenance responsibilities. (21) Mayor Youngman stated that a presentation on the living wage is scheduled for next Monday evening. She suggested that both this issue and the smoke free ordinance be submitted to the Community Mediation Center (CMC) for facilitated discussion after the initial presentations to the Commission, noting that this process could result in a more widely accepted document being submitted to the Commission for consideration. City Attorney Luwe cautioned that he has not had an opportunity to look at the living wage ordinance that has been prepared and submitted to the Commission for consideration. He asked that his staff be given an opportunity to research the issues and prepare the ordinance for Commission action. (22) Director of Public Service Arkell announced that a public hearing has been scheduled for 7:00 to 9:30 p.m. on Tuesday, June 12, on the proposed designs for improvements to South 19th Avenue and its intersection with West Main Street. (23) Mr. Nick Hines, 1114 South 6th Avenue, voiced concerns about the lack of recycling opportunities in Bozeman, and suggested that a curbside recycling program could be beneficial even though it may not be cost effective. Following Mayor Youngman's response, during which she identified the various recycling options available and the efforts of the Headwaters Recycling program, Director of Public Service Arkell indicated a willingness to discuss the issue further with Mr. Hines. Break - 8:35 p.m. to 8:40 p.m. Mayor Youngman declared a break from 8:35 p.m. to 8:40 p.m., Commission policy. in accordance with Executive session re litigation Mayor Youngman announced her intent to close the meeting and enter into executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation, noting that if the issue were discussed in open meeting, it would have a detrimental effect on the litigating position of the City. At 8:40 p.m., Mayor Youngman called an executive session for the purpose of discussing litigation strategy and asked all of the persons except the City Manager, City Attorney, Staff Attorney and Clerk of the Commission to leave the room. At 9:50 p.m., Mayor Youngman closed the executive session and reconvened the open meeting. 06-04-2001 15- .A.diournment - 9:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Brown, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman; those voting No, none. MARCIA B. YOUNGMAN, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 06-04-2001