HomeMy WebLinkAbout2001-05-21 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 21, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, May 21, 2001, at 6:00 p.m. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Assistant
City Manager Brey, Staff Attorney Cooper, Director of Public Service Arkell, Planning Director Epple
and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Assistant City Manager Brey requested that Commission Resolution No. 3442 and the
extension of the preliminary plat for Valley West Major Subdivision be removed from the Consent
Items for discussion.
Minutes - January 18 and February 7, 2000, and January 30, April 20, April 30, May 7 and May 14,
2001
Mayor Youngman deferred action on the minutes of the meetings of January 18 and February
7, 2000, and January 30, April 20, April 30, May 7 and May 14, 2001 to a later date.
Consent Items
Assistant City Manager Brey presented to the Commission the following Consent Items.
Acknowledge receipt of staff report - annexation of 460.2971 acres described as a
portion of the SW% and all of the SE% of Section 34, TlS, RSE, and the
NE% of Section 3, T2S, RSE, MPM {generally lying between West Oak Street
extended, Deadman's Gulch extended, North 27th Avenue extended and Harper
Puckett Road extended) (A-0103)
Authorize City Manager to sign Amendment No. I to Professional Services
Agreement for Wastewater Treatment Plant modifications - Morrison-Maierle
Building Inspection Division report for April 2001
Claims
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor
Youngman; those voting No, none.
Ordinance No. 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
Included in the Commissioners' packets was a copy of Ordinance No. 1538, as approved by
the City Attorney, entitled:
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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.
Responding to questions from Commissioner Frost, Director of Public Service Arkell stated that
staff allows short streets within a subdivision to be named "lane", "drive" or "circle". She noted,
however, that north/south streets which may be extended are named "avenue" and east/west streets
which may be extended are named "street". She characterized this as a long-standing practice, but
not a policy or an ordinance. She confirmed that any extensions of those roadways are to bear the
same street name.
Responding to questions from Commissioner Brown, Engineering Assistant Andy Kerr indicated
that conversion to the new enhanced 9-1-1 system may result in the need for some address changes;
and most of those changes will involve the numbering systems rather than the street names.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No.
1538, changing the names of various streets, be provisionally adopted and that it be brought back
in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown
and Mayor Youngman; those voting No, none.
Commission Resolution No. 3442 - intent to annex 460.2971 acres described as a portion of the
SW% and all of the SE¼ of Section 34, TlS, RSE, and the NE% of Section 3, T2S, R5E, MPM
(qenerallv Ivinq between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue
extended and Harper Puckett Road extended); set public hearing for June 25, 2001
Included in the Commissioners' packets was a copy of Commission Resolution No. 3442, as
approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3442
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Assistant City Manager Ron Brey reminded the Commission that this item had been removed
from the Consent Items, at the request of Commissioner Frost.
Commissioner Frost voiced concern about the existing street standards and asked that the
applicant be made aware of the Commission's interest in revising those standards or providing
alternative standards. He then asked for a work session on that issue prior to the June 25 public
hearing on this annexation.
Mr. Bill Krueger, MithOn, stated it is the applicant's intent to create a development that reflects
the new urbanist character, and that includes streets which provide adequate access to meet public
safety needs without creating overly expansive roadways. He indicated that a roundabout is being
planned for the intersection of Davis Lane and Baxter Road. He assured the Commission that they
are willing to work with the City in creating a development that meets the Commission's new
philosophies.
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It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that
Commission Resolution No. 3442, stating the City's intent to annex 460.2971 acres generally lying
between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and
Harper Puckett Road extended, be 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.
Approval of request for preliminary plat extension - Valley West Major Subdivision {subdivide 241.7 +.
acres in COS 1005B and COS 1005C into 10 lots and Bronken Park) {west of Ferguson Avenue
between US Hiqhway 191 and Durston Road) (P-9856)
Assistant City Manager Ron Brey noted that Mayor Youngman had requested this item be
removed from the Consent Items for discussion.
Mayor Youngman recognized that the Commission cannot change the conditions for approval
of the preliminary plat at this time; it can only grant or deny the requeSted extension. She stated,
however, that she hopes development of this subdivision will be consistent with the new urbanism
and smart growth ideas that are beginning to emerge through the various planning processes being
undertaken at this time.
Planning Director Epple assured the Commission that the conceptual plans for development
of this subdivision reflect the new urbanist traditional neighborhood design.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the request
for a one-year extension of the preliminary plat for Valley West Major Subdivision, to May 17, 2002,
be approved. 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.
Continued public hearing - Conditional Use Permit for Planned Unit Development - allow development
of mixed use commercial/retail planned unit development consisting of five buildings and reduce
required off-street parkinR requirements by approximately 11 percent on 4.6223 acres described as
portion of the amended plat of Block 3, Tanqe's Subdivision - Tanqe Family Trust {along north side
of West Oak Street at its intersection with North 11 Avenue extended) {Z-01030)
This was the time and place set for the continued public hearing on the Conditional Use Permit
for the Oak Street Planned Unit Development, as requested by the Tange Family Trust under
Application No. Z-01030, to allow the development of a mixed use commercial/retail planned unit
development consisting of five buildings, with a reduction of required off-street parking requirements
by approximately 11 percent, on 4.6223 acres described as a portion of the amended plat of Block
3, Tange's Subdivision. The subject property is located along the north side of West Oak Street, at
its intersection with North 11th Avenue extended.
Mayor Youngman reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff update, reviewing his memo of May 18, which
was included in the Commissioners' packets. He reminded the Commission that the hearing was
continued, due in large part to concerns about the five-lane principal arterial street designation for
West Oak Street. He noted that, under the recommended conditions, the second westbound lane,
curb, gutter and sidewalk must be installed in conjunction with this project. He indicated that, if the
Commission wishes, it may adjust the street design, with input from the City Engineer and the
Director of Public Service, and amend the condition accordingly. He concluded by stressing that the
applicant is ready to move forward with the street improvements, as recommended by staff.
In response to comments from Commissioner Frost, Senior Planner Skelton distributed copies
of a conceptual streetscape alternative, as prepared by the applicant's architect. He cautioned that
the five-lane format extends from North 7th Avenue to North 19th Avenue and has already been
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completed adjacent to Bridger Peaks Town Center; and constructing a small segment of this roadway
at a different standard could be difficult and result in a disjointed appearance.
Mr. Greg Allen, engineer representing the applicant, indicated this conceptual plan was
prepared in response to comments at last week's meeting. He noted that the applicant would be
willing to complete these improvements on the roadway adjacent to his property if the Commission
feels this new plan is more appropriate.
Responding to Commissioner Kirchhoff, Mr. Allen stated that bicyclists would use the 8-foot-
wide path which meanders along the edge of the roadway; and the driving lanes are 12 feet wide.
Planning Director Epple cautioned that the City Engineer would need to review the conceptual
plan and forward his input if the Commission wishes to consider this alternative, noting that parking
on a major arterial is not recommended in the transportation plan. He cautioned that the south side
of the street has already been widened; and building the north side of the roadway to a different
standard could create some real challenges.
Staff Attorney Cooper cautioned that the subdivider has nine months to complete the
improvements required in conjunction with approval of the final plat for Tange's Minor Subdivision,
in accordance with approved plans and specifications; and the Commission cannot now change those
conditions of approval. He also cautioned that delaying the installation of the required improvements
for the subdivision takes away the Commission's immunity. Mr. Allen noted that, in this instance,
the subdivider and the applicant for this project is the same person; and he is willing to install the
street improvements to a different standard if the Commission imposes that condition.
Commissioner Kirchhoff recommended that bicycles be accommodated on the roadway, since
this is an arterial and a commuter route. He noted that recreationists could still use the meandering
trail if they so chose.
Commissioner Frost suggested that the roadway be striped for two 10-foot driving lanes and
a 14-foot breakdown lane/bike lane with bulb outs that extend seven to eight feet from the curb.
Planning Director Epple encouraged the Commission to give staff direction on the redesign of
West Oak Street between North 7th Avenue and North 19th Avenue in an action separate from the
decision on this specific project.
Mr. Greg Allen indicated the applicant is willing to install the street improvements adjacent to
his property, but would not be willing to install improvements in the middle of the street or on the
other side of the street. He noted that the bulb outs can be installed with no problem, either now or
at a later date.
Responding to comments from various Commissioners, Planning Director Epple reminded them
that the City built the center of West Oak Street between North 7th Avenue and North 19th Avenue;
and the extra lane and edge improvements are to be added as adjacent properties are developed. As
a result, where the median would be installed is in the portion which the City constructed and
controls.
Senior Planner Skelton suggested that, in light of the Staff Attorney's comments, Condition
No. 13 be stricken. He recognized that the construction of a pedestrian underpass, while less costly
in conjunction with the street improvements, is probably not economically feasible at this time.
Mr. Greg Allen stated he envisions Oak Street extending to Jackrabbit Lane some day, and
suggested that the conceptual amenities could create the "right flavor for the community" and be
inviting for pedestrians, bicyclists and motorists.
Mayor Youngman noted the importance of being reasonable about the pedestrian underpass,
recognizing the City will not have monies available for its portion of this project for several years. As
a result, she suggested that pedestrian crossings be required on the street at this time.
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In response to Commissioner comments regarding pedestrian crossings and traffic calming,
Planning Director Epple requested that staff be given an opportunity to prepare language for possible
additional conditions.
Break - 7:05 to 7:13 p.m.
Mayor Youngman declared a break from 7:05 p.m. to 7:13 p.m., to give staff an opportunity
to develop conditions for Commission consideration.
Continued public hearing (continued) - Conditional Use Permit for Planned Unit Development - allow
development of mixed use commercial/retail planned unit development consisting of five buildings and
reduce required off-street parkinq requirements by approximately 11 percent on 4.6223 acres
described as portion of the amended plat of Block 3, Tange's Subdivision - Tange Family Trust (along
north side of West Oak Street at its intersection with North 11 Avenue extended) (Z-01030)
Planning Director Epple forwarded two conditions for Commission consideration. The first
condition requires that, prior to commencement of Phase II development, North 11th Avenue
improvements, with traffic calming devices on the east side of North 11th Avenue at its intersection
with West Oak Street as reviewed and approved by the City Engineer, must be completed. The
second condition requires that, prior to commencement of Phase II development, traffic calming
pedestrian facilities, i.e., bulbs and possibly median improvements for a safe pedestrian crossing, as
reviewed by the City Engineer and approved by the City Commission, be installed on the north side
of West Oak Street at its intersection with North 11th Avenue and in the vicinity of the pedestrian
trail system.
Mayor Youngman stressed that under the second condition, the applicant would be required
to install median improvements that are just wide enough to accommodate a safe pedestrian crossing,
not a median that extends the length of the property.
Mr. Greg Allen indicated a willingness to accept the additional conditions, stressing that the
applicant is responsible only for those traffic calming improvements along the north side of West Oak
Street and the east side of North 11th Avenue.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Conditional
Use Permit for the Oak Street Planned Unit Development, as requested by the Tange Family Trust
under Application No. Z-01030, to allow the development of a mixed use commercial/retail planned
unit development consisting of five buildings, with a reduction of required off-street parking
requirements by approximately 11 percent, on 4.6223 acres described as a portion of the amended
plat of Block 3, Tange's Subdivision, be approved, subject to the following conditions:
That the fifty (50) foot wide greenway corridor along West Oak Street 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.
That the linear trail along Mandeville Creek shall be constructed as specified in
Section 18.54.110.G of the zone code, 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 Recreation and Parks Advisory
Board prior to final site plan approval.
Stormwater runoff retention ponds may not be permitted in the Mandeville
Creek 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
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10.
11.
12.
of 1 ~ feet, and are reviewed and approved by the Planning Office prior to final
site plan approval.
A preliminary copy of the protective covenants and developmental guidelines,
including but not limited to, the creation of a property owners' association
documents, and maintenance, repair and assessment for upkeep of all common
areas, shall be submitted to the Planning Office fifteen (1 5) days prior to
submitting for final P.U.D plan review and final site plan review. The final
document shall be filed and recorded at the Clerk and Recorder's Office prior
to final site plan approval.
All landscape areas shall be grass turf unless otherwise specifically noted on the
landscape plan. The Mandeville Creek corridor shall be seeded with a drought
resistant "native grass" as outlined in Section 18.54.110.F.1.b of the zone
code 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.
Any public pathway and/or sidewalk to be constructed as an alternative to the
standard City boulevard sidewalk along West Oak Street that is located outside
of the public right-of-way and on private property shall contain an executed
public access easement at the Clerk & Recorder's office prior to final site plan
approval.
That prior to obtaining final site plan approval and issuance of a building permit
to proceed with construction of the project, the landowner shall have filed at
the Gallatin County Clerk and Recorder's Office the final subdivision plat for
Tange's five-lot minor subdivision.
That the northwest off-street parking lot be redesigned to avoid a dead-end
driving aisle at the northern end of the parking lot, and that the site plan be
revised accordingly for review and approval by Planning Staff prior to final site
plan approval.
That the applicant be allowed to reduce the required off-street parking spaces
by approximately 7 to 11 percent of the required number determined by the
zone code based on the design and layout of the off-street parking lot facilities
on the site plan.
That the applicant be allowed to exceed the maximum allowable building height
of thirty~two (32) feet for structures with flat roofs located in the "B-2" zoning
district by approximately twelve (12) feet as delineated on the exterior
elevations submitted with this application.
Prior to commencement of Phase II development, North 11th Avenue
improvements with traffic calming facilities located at the northeast corner of
the intersection of West Oak Street and North 11th Avenue shall be completed,
subject to review and approval by the City Engineer's office.
Prior to commencement of Phase II development, traffic calming pedestrian
facilities (i.e., bulbs and possibly median improvements) for a safe pedestrian
crossing, subject to review and recommendation by the City Engineer and
approval by the City Commission, shall be installed across West Oak Street at
its alignment with North 11th Avenue and in the general vicinity of the
pedestrian trailway corridor.
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13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
That all off-street parking lot areas that adjoin the West Oak Street and North
11th Avenue streetscapes incorporate into the landscape plan meandering 3-
foot high berms and Iow-profile landscape materials and that the landscape plan
be revised accordingly for review and approval by the Planning Office.
That all building facades that front onto the public streetscape avoid potential
appearance as the rear of buildings and 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.
A stormwater easement must be established on the adjacent property and filed
with the County Clerk and Recorder's Office for the retention pond and
discharge course if located off the subject property.
That the final site plan shall be adequately dimensioned.
All of the creek crossings must be designed and constructed to convey the
calculated 100-year flow.
Project phasing shall be clearly defined including installation of infrastructure.
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.
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) 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 east side of
the property is not shown correctly to meet the City standard.
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
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26.
27.
28.
29.
30.
31.
32.
33.
34.
curbing shall be provided around the entire new parking lot perimeter and
adequately identified on the final site plan.
Flood plain:
a)
The 100-year flood plain boundary and flood elevations must be
depicted on the final site plan.
b)
Culvert or bridge sizing design calculations shall be provided for
the stream crossing.
c)
All buildings must be flood-proofed to at least 2 feet above the
100-year flood elevation. Elevation certificates must be provided
for each building following completion of construction.
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.
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 zone code, 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 code, depicting the 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 common
signage plan must be included in the developmental guidelines, which outlines
a unified plan for the property owners' association and a signage theme that
incorporates 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, for review and approval 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 include 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.
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35.
Exterior elevations for all five structures shall be submitted to the Planning
Office for review and apprOval prior to final site plan approval.
36.
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.
37.
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.
38.
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.
39.
40.
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.
41.
That a building permit must be obtained prior to the work, and must be
obtained within one year of final site plan approval. Building permits will not
be issued until the final site plan is approved. Minor site surface preparation
and normal maintenance shall be allowed prior to submittal and approval of the
final site plan, including excavation and footing preparation, but NO CONCRETE
MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
42.
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.
43.
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 has
been satisfied or met.
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.
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Review of proposed CTEP projects for Fiscal Year 2001-2002
Included in the Commissioners' packets Was a memo from Assistant Planner Karin Caroline,
providing information on the Community Transportation Enhancement Program (CTEP) and the project
recommendations for 2001.
Assistant Planner Caroline stated that the City will receive $137,107 in CTEP funds for 2001
and approximately $125,000 for 2002. In addition, the City has $146,000 in a reserve account as
a result of not completing previously approved projects; and those monies need to be reallocated.
She indicated that the steering committee received four proposals, two of which were ineligible, one
of which was for extension of funds previously approved, and one eligible application. After
reviewing the proposals, the committee reviewed the listing of projects in the transportation plan, and
identified fourteen that would qualify for CTEP monies. As a result of ranking those qualifying
projects, the steering committee forwards a recommendation that the following projects be funded:
(1) enhancement of the CMC property, if the City acquires it, in the approximate amount of $262,107
(2001 and 2002 allocations); and (2) construction of handicapped ramps, in the amount of $66,000.
The committee also asked that up to $80,000 from the reserves be added to the Soroptimist Park
project, to ensure that the landscaping enhancements can be completed in addition to reconstruction
of the Opera House arch.
The Assistant Planner noted that the installation of historic lighting around the Emerson
Cultural Center was the third ranked project; however, the committee did not recommend that it be
funded.
Mr. Tom Mosser, 417 Staudaher, stated he prepared the application on behalf of the Emerson
Cultural Center. He noted that the application was for historic street lighting around the perimeter of
the property; and the alternate was for lighting along the South Grand Avenue frontage, with lights
extending just around the corners on West Olive Street and West Babcock Street. He stated that the
Emerson Cultural Center has survived on private donations and has provided wonderful contributions
to the community, and this would be a wonderful opportunity for the community to assist the Center.
He asked that the Commission consider this project carefully, suggesting that the monies could be
taken from the CMC property enhancement project. He also questioned the advisability of adding
monies to the Soroptimist Park project, suggesting that that site could be better used for infill
development. He noted that the arch project could be relocated to the Willson School site if the City
obtains the East Willson School for a new City Hall.
Mr. Myles Eaton, 2400 Durston Road//4, noted that acquisition of the CMC property for a new
library is not "a done deal" since the bond issue has not yet passed; and allocating monies for that
property does not seem appropriate. He then voiced his support for funding of the street lights for
the Emerson Cultural Center.
Responding to questions from the Commission, the Assistant Planner indicated that installing
lights along the South Grand Avenue frontage would cost an estimated $40,000; and lights along all
four street frontages would cost an estimated $120,000.
The Assistant Planner stated that, unless the program is renewed, 2003 will be the last year
of TEA-21 monies.
The Commissioners briefly discussed the Emerson Cultural Center lighting project, and
concurred that adding the South Grand Avenue lighting would be appropriate.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that applications
be submitted for CTEP monies as follows: $66,000 for handicapped ramps and $80,000 additional
monies for reconstruction of the Opera House arch and enhancements to Soroptimist Park from
previously earmarked funds; $40,000 for historic lighting along the front of the Emerson Cultural
Center property and $97,047 for landscaping enhancements of the CMC property if the City is
successful in its acquisition of that property from the City's 2001 entitlement; and approximately
$125,000 for further enhancement of the CMC property from the City's 2002 entitlement. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
05-21-2001
11-
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those
voting No, none.
Public hearing - Conditional Use Permit - Todd Scott for Larry Willard - allow reuse of an existing
1,600-square-foot warehouse building space for the purpose of manufacturing and brewing beer, and
install a small grain silo approximately 9 feet in diameter and 23 feet tall on COS No. C-23T, a portion
of the W% of Block 47, Northern Pacific Addition (504 North Broadway Avenue) {Z-01039)
This was the time and place set for the public hearing on the Conditional Use Permit requested
by Todd Scott for Larry Willard, under Application No. Z-01039, to allow the reuse of an existing
1,600-square-foot warehouse building space on COS No. C-23T, a portion of the west one-half of
Block 47, Northern Pacific Addition, for the purpose of manufacturing and brewing beer, and to install
a small grain silo approximately 9 feet in diameter and 23 feet tall. The subject property is located
at 504 North Broadway Avenue.
Mayor Youngman opened the public hearing.
Assistant Planner Jeff Monroe presented the staff report. He stated that the applicant
proposes to lease a suite in a warehouse/office building for the purpose of brewing beer for wholesale
distribution. No external modification is proposed except for the construction of a grain silo at the
rear of the building. 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. The Assistant
Planner briefly highlighted staff's recommendation for approval, subject to several conditions.
Responding to questions from Commissioner Frost, Planning Director Epple stated that the
landscaping area to which he is referring is for the building to the south, which is on a different parcel
and in different ownership. He indicated that this is an issue of code enforcement and cannot be tied
to this project.
Mr. Todd Scott, applicant, indicated a willingness to respond to questions.
Mr. Chris Nixon, 719 North Wallace Avenue, voiced his support for the project.
No one was present to speak in opposition to the requested Conditional Use Permit.
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 requested by Todd Scott for Larry Willard, under Application No. Z-01039, to
allow the reuse of an existing 1,600-square-foot warehouse building space on COS No. C-23T, a
portion of the west one-half of Block 47, Northern Pacific Addition, for the purpose of manufacturing
and brewing beer, and to install a small grain silo approximately 9 feet in diameter and 23 feet tall be
approved, subject to the following conditions:
Building permits will be required for the plumbing, cold storage construction and
concrete pad installation for the grain storage tank (silo).
This C.U.P. is conditional to alcoholic beverage manufacturing for wholesale
distribution, not retail or for on-site consumption.
Although a
Department
provided to
City liquor license is not required, a copy of the Montana
of Revenue Brewer License for Bozeman Brewery, is required to be
Planning Office before final approval.
Any signage proposal will be required to be reviewed for approval and permitted
through the City Planning Office.
05-21-2001
12-
10.
11.
12.
13.
14.
15.
16.
17.
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.
The final site plan shall be adequately dimensioned. A legend of all pertinent line
types used shall also be provided.
Existing 3/4-inch domestic water service must have a reduced pressure
backflow device installed to comply with current City of Bozeman standards.
Sewer and water services shall be approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed by
the applicant. Where services cross under retention ponds and/or culverts,
adequate cover shall be maintained.
A sewer service sampling manhole, to be approved by the City Engineering
Department, shall be installed for the purpose of sampling and flow
measurement.
A Pretreatment Program Sanitary Sewer Survey shall be completed by the
applicant and submitted to the Engineering Department.
That the final site plan shall be adequately dimensioned.
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 pan 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 hydrant.
All existing utility and other easements must be shown on the final site plan.
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 include the location for,
and a detail of, any proposed wall mounted and/or signage lighting.
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,
05-21-2001
13-
Water/Sewer, Engineering, and Fire Departments; and one copy shall be
retained in the Planning Office file.
18.
That a building permit must be obtained prior to the work, and must be
obtained within one year of final site plan approval. Building permits will not
be issued until the final site plan is approved. Minor site surface preparation
and normal maintenance shall be allowed prior to submittal and approval of the
final site plan, including excavation and footing preparation, but NO CONCRETE
MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
19.
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.
20.
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 Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those
voting No, none.
Public hearing - Conditional Use Permit - Bob Rasmus - allow reuse of existing building on Lot 2, Block
2, University Square Subdivision, as a place of worship (Beth Shalom--Greater Yellowstone Jewish
Community) (2010 West Koch Street) (Z-01034)
This was the time and place set for the Conditional Use Permit requested by Bob Rasmus,
under Application No. Z-01034, to allow the reuse of the existing building on Lot 2, Block 2,
University Square Subdivision, as a place of worship. The subject property is located at 2010 West
Koch Street.
Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She noted that the subject site,
which is located west of the intersection of West Koch Street and South 20th Avenue, was approved
as a day care center in 1993. 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. The
Assistant noted that, based on those findings, staff has forwarded a recommendation for approval
subject to several conditions. The Assistant Planner concluded by noting that proposed Condition
Nos. 2 and 4 should be combined into one condition, since they both pertain to landscaping on the
east property line.
Commissioner Frost suggested that proposed Condition No. 10 be revised to be consistent
with other conditions pertaining to lighting.
Mr. Bob Rasmus, applicant, stated that most of the requirements for this Conditional Use
Permit have already been addressed. The only problem they have incurred is in meeting the condition
pertaining to a fence and shrubbery on the east boundary. Last week, he rented an auger to install
a split rail fence, and he broke the blade because of the rock in that area. He also voiced confusion
about the type of backflow protection device being required, since one is already in the building.
Ms. Jennifer Bordy, 15 Chinook Trail, stated she is a member of the congregation, and
encouraged Commission approval of this application.
05-21-2001
-14-
Mr. Lowell Springer indicated he owns property very close to the subject property. He stated
this application is an appropriate use of the structure. He then noted that the problems which Mr.
Rasmus has encountered in digging will not get any better, since that portion of the site is full of rocks
and concrete. As a result, he suggested that the applicant be given an alternative that does not
include digging or planting of deep rooted landscaping.
Assistant Planner Morris suggested that Condition No. 2 could be revised to allow some
flexibility in determining the landscaping to be used; and Condition No. 4 could be revised to allow
for all shrubs rather than a combination of trees and shrubs.
Responding to Mayor Youngman, Mr. Rasmus stated the fence or landscaping is designed to
keep residents from the adjacent apartments from driving onto the stormwater detention area; and
there is already a curb in place.
Planning Director Epple suggested that staff be given the opportunity to investigate alternative
methods of screening. He noted that one option may be to bring back an application for a variance
due to the characteristics of the ground.
No one was present to speak in opposition to the requested Conditional Use Permit.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Conditional Use Permit requested by Bob Rasmus, under Application No. Z-01034, to allow the reuse
of the existing building on Lot 2, Block 2, University Square Subdivision, as a place of worship be
approved, subject to the following conditions:
Based on the number of parking spaces available on-site, the congregation shall
be limited to 56 people. Execution of a parking agreement will be required if
the congregation exceeds this threshold.
An additional amount of landscaping shall be installed along the east property
line to discourage parking in the stormwater detention area. The landscaping
shall be 3 feet tall at the time of planting, a fence constructed on the property
line, a combination thereof, or an appropriate alternative provided, as approved
by staff.
o
Pin down curbing shall be installed along the south section of the property line
where the perimeter curb ceases.
,.
The trash enclosure shall either be rebuilt or removed from the site. Should the
trash enclosure be removed, a notation shall be placed on the final site plan
referencing alternative methods for refuse disposal.
Stormwater detention shall be incorporated into the depressed, landscaped area
along the eastern property line. To facilitate infiltration and reduce standing
water, use of impermeable (i.e., plastic) lines will not be permitted.
6. A current backflow protection device shall be in place at the time of occupancy.
The applicant must submit seven (7) copies a final site plan within 90 days of
preliminary approval containing all of the conditions, corrections and
modifications to be reviewed and approved by the Planning Department.
The applicant shall enter into an Improvements Agreement with the City and
financially guarantee the installation of required on-site improvements at the
time of final site plan submittal. Since occupancy of the structure is to occur
prior to the installation of all required on-site improvements, the Improvements
Agreement must be secured by a method of security equal to one and one-half
05-21-2001
15-
times the amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less than
twelve (12) months; however, all on-site improvements shall be completed by
the applicant within nine (9) months of permitted occupancy to avoid default
on the method of security.
A lighting detail shall be provided on the final site plan for each style of exterior
light utilized or alternative methods used for shielding the luminaires and lenses
on the existing lights. All lighting shall be arranged so as to deflect light down
and/or away from any adjoining properties and shall not detract from driver
visibility on adjacent streets. Luminaires and lenses shall not protrude below
the edge of the light fixture per Section 18.50.035.A.1.
10.
The disabled accessible space shall be signed "Van Accessible". The parking
space shall be striped for an eight (8) foot wide parking space with an eight (8)
foot unloading aisle prior to permitted occupancy, per Section 18.50.120. F.3.b.
11.
All exterior signage shall be submitted for review and approval by the Planning
Department prior to issuance of a sign permit. The sign permit application shall
be subject to the terms and regulations set forth in Section 18.65 of the zone
code.
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 - Conditional Use Permit - Springer Group Architects for D.A.G., LLC - allow
construction of an automobile repair facility on Lots 21 and 22, Block 1, North 7th Addition {Midas,
727 North 5th Avenue) (Z-01012)
This was the time and place set for the Conditional Use Permit requested by Springer Group
Architects for D.A.G., LLC, under Application No. Z-01012, to allow the construction of an
automobile repair facility on Lots 21 and 22, Block 1, North 7th Addition. The subject property is
located at 727 North 5th Avenue.
Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated this site is located at the
southwest corner of the intersection of West Aspen Street and North 5th Avenue. The applicant
proposes to remove an existing residential structure and construct a 4,274-square-foot building to be
used for automobile repair, potential as Midas Muffler. 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. The Planner briefly highlighted the staff's recommendation for conditional approval,
noting that Condition No. 1 may be eliminated since an alternative has already been identified.
Mr. Lowell Springer, architect, indicated that only a single sewer service is being extended to
the subject site, not a main. He stated that, other than Condition No. 1, the applicant is willing to
accept the recommended conditions.
No one was present to speak in opposition to the requested Conditional Use Permit.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Conditional
Use Permit requested by Springer Group Architects for D.A.G., LLC, under Application No. Z-01012,
to allow the construction of an automobile repair facility on Lots 21 and 22, Block 1, North 7th
Addition, be approved, subject to the following conditions:
05-21-2001
-16-
o
10.
11.
12.
Plans and specifications for any fire service line shall be prepared in accordance
with the City's Fire Service Line Policy by a professional engineer, licensed in
the State of Montana 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.
The depth of the stormwater retention pond shall be clearly identified.
A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan
approval.
The drive approach for the alley shall be constructed in accordance with the
City's Standard Detail No. 02529-11--Non-Residential Driveway Approach and
shown as such on the final site plan.
The domestic water service must be disconnected by the Water/Sewer
Department prior to demolition of the existing house. The owner is responsible
for installing a new water service from the curb stop to the building. This must
be installed in compliance with the City of Bozeman standards, including an
approved backflow protection device. Prior to installation of the water service
a new water service application must be filed at the Building Department.
The existing septic tank and drainfield shall be removed from service in
compliance with current Gallatin County requirements.
Prior to installation of the sanitary sewer service an application must be filed
and fees paid at the Building Department.
The floor drain, if connected to City sewer service, must comply with City
standards applicable to grease, oil and sand.
Trash enclosures shall be constructed so that contents are not visible from a
height of five feet above grade from any abutting street or property. Details and
specifications shall be shown on final site plan. 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.
Not more than 1/3 of the front yards may be utilized for stormwater
detention/retention, the stormwater ponds shall not exceed 1 ~ feet in depth
and shall provide a maximum slope of 1:4.
The applicant must submit seven (7) copies a final site plan within 6 months of
preliminary approval containing all of the conditions, corrections and
modifications to be reviewed and approved by the Planning Department.
A building permit must be obtained prior to the work, and must be obtained
within one year of final site plan approval. Building permits will not be issued
until the final site plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site
plan, including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
05-21-2001
-17-
13.
The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final
site plan submittal. If occupancy of the structure is to occur prior to the
installation of all required on-site improvements, the Improvements Agreement
must be secured by a method of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements not yet installed.
Said method of security shall be valid for a period of not less than twelve (12)
months; however, all on-site improvements shall be completed by the applicant
within nine (9) months of occupancy to avoid default on the method of
security.
14.
Cut sheets shall be provided with the final site plan for all lights proposed. The
wall pac lights proposed on the site plan are not to code. All lighting shall be
arranged so as to deflect light down and/or away from any adjoining properties
and shall not detract from driver visibility on adjacent streets. Luminaires and
lenses shall not protrude below the edge of the light fixture per Section
18.50.035.1.
15.
The disabled accessible space shall be signed "Van Accessible" and provide an
eight (8) foot wide parking space with an eight (8) foot unloading aisle per
Section 18.50.120.F.3.b.
16.
Per Section 18.50.110.B.14 "Snow Removal Storage Areas", snow storage
removal areas shall be placed in such a manner as to avoid damage to
landscaping. No snow storage shall be depicted on top of trees and shrubs.
17.
The landscaping provided shall be in accordance with the performance
standards outlined in Section 18.49.070 and the landscape plan shall be
prepared and certified by a registered Montana landscape architect, an
individual with a degree in landscape design and 2 years of professional design
experience, o_r an individual with a degree in a related field and at least 5 years
of professional design experience per Section 18.49.040.C.3, "Preparation of
Landscape Plan".
18.
Any proposed exterior signage shall be submitted for review and approval by
the Planning Department prior to issuance of a sign permit. The sign permit
application shall be subject to the terms and regulations set forth in Section
18.65 of the City of Bozeman zone code.
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 hearinq - Major Site Plan with Certificate of Appropriateness - Martel Construction for David
and Lou Ann Wallin - allow construction of _+ 55,300-square-foot automobile sales facility on Lots
2-5, Tract 2, Gardner Simmental Plaza (Bozeman Ford, 2900 North 19th Avenue) (Z-01037)
This was the time and place set for the public hearing on the Major Site Plan with Certificate
of Appropriateness requested by Martel Construction for David and Lou Ann Wallin, under Application
No. Z-01037, to allow construction of a _+55,300-square-foot automobile sales facility on Lots 2
through 5, Tract 2, Gardner Simmental Plaza. The subject property is located at 2900 North 19th
Avenue.
Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated the subject property is
located along the east side of North 19th Avenue, on both the north and south sides of Simmental
Trail Court. She noted that staff has reviewed this application in light of the criteria set forth in the
05-21-2001
-18-
zone code, and staff's comprehensive findings are contained in the written staff report. She briefly
reviewed some of the recommended conditions for approval, and concluded by noting that staff also
supports the applicant's request for an additional 20 percent in sign height and size under the overlay
district.
Responding to Commissioner Kirchhoff, the Assistant Planner stated that the guidelines for the
North 1 9th Avenue corridor recommend the impacts of parking lots be minimized through the use of
berming. Due to the large vehicle display area, the result in more berming along this lot than most
other lots in the area.
Responding to Commissioner Brown, the Assistant Planner stated that the North 19th Avenue
objectives plan encourages the use of monument signs rather than pole signs. She then indicated that
the total amount of signage for the site, not counting the informational signs, falls within the 250
square feet allotted under the code. She noted that this includes one freestanding sign, one wall-
mounted sign on the west elevation and one wall-mounted sign on the east elevation.
Responding to Commissioner Frost, the Assistant Planner stated that the proposed lighting for
the site is shielded and meets code; however, the fixtures throw the light forward rather than straight
down. She stressed that, with the appropriate positioning of the fixtures, the light will not shine onto
the street or adjacent properties.
Mr. Bob Busching, architect, responded to questions from Commissioner Frost regarding the
potential for damaging the manufacturing river rock facade if cars run into it. He noted that the river
rock is to be used primarily around the showroom area and the front entrance of the building, where
employees will be parking the vehicles.
Mr. Don Stueck, Martel Construction, responded to questions from Commissioner Frost, noting
that the driveway onto North 19th Avenue is 458 feet from Deadman's Gulch, and is approximately
at the mid-point between that intersection and the Valley Center Drive intersection.
Planning Director Andy Epple stated that the Montana Department of Transportation has
determined the location of the driveway and, while it does not meet the 660-foot separation typically
required, the Department has indicated its intent to allow one additional access point in this area.
Mr. Bob Busching, CTA Architects, stated that this application meets all of the code
requirements and is a permitted use under the existing zoning designation. He indicated general
concurrence with the staff findings and recommended conditions; however, he asked that
modification to Condition Nos. 1 and 2 be considered. He characterized the display area for sale of
vehicles as different from required parking spaces, and stated that landscape islands within the display
area will decrease the options for different parking configurations. He also voiced concern that sap
from a variety of tree types is extremely hard on the paint on new vehicles. The second issue pertains
to the requirement for a monument sign rather than the proposed pole sign. He noted that the pole
sign seems to meet code requirements, and questioned why the condition requires a monument sign.
Mr. Dave Wallin, owner of Bozeman Ford, noted that the business has been in its current
location, at the southeast corner of the intersection of West Main Street and 1 9th Avenue, since 1967
and has outgrown that site. He indicated that Ford has encouraged them to seek a new site, and the
subject property has now become available. He stated that they would have preferred an access from
North 19th Avenue at the traffic signal at Valley Center Drive; however, the Montana Department of
Transportation was not willing to allow that access point. Rather, the Department identified an access
at essentially the mid-point between Valley Center Drive and Deadman's Gulch for this subject
property.
Mr. Wallin stated that the building has been sited on this parcel to accommodate ingress from
either North 19th Avenue or Deadman's Gulch and Simmental Way. The storage area is located in
the corner of the parcel and will be shielded almost entirely from the freeway with a cement wall and
a fence with plastic slats.
05-21-2001
-19-
Mr. Wallin stressed the importance of being able to change the display area to make the site
more inviting. He also noted that the ability to remove snow from the lot is important, and the
installation of landscape islands will make that more difficult, He concluded by noting that Ford has
gone back to the oval emblem, and that emblem will work on either a monument or pole style sign.
Mr. Dave Wallin drew attention to the great deal of open space and green space that have
been provided on this site, noting the building will'present a nice visualization from the freeway, with
one freestanding sign and two wallmounted signs plus informational signs. He characterized the
selling of cars as entertainment, noting that people need to be attracted to the area and then have a
fun experience when purchasing a vehicle. He concluded by noting that the lighting for this site
meets code and provides adequate light for people to look at vehicles at their leisure.
No one spoke in opposition to the proposed development.
Assistant Planner Jami Morris stated that landscape islands have been proposed in the display
area to break up the large expanse of asphalt. She indicated that adding 8-foot by 40-foot landscape
islands will not only break up the expanse but help meet the 10-percent landscaping required for this
entryway corridor. She then addressed the issue of the monument sign by citing the objective plans
for this corridor, which encourage monument signs rather than pole signs. She indicated that the
landscaping is currently concentrated around the edges of the property and along the entryway from
North 19th Avenue.
Mr. Don Stueck, Martel Construction, showed the Commission some color renderings of the
proposed development. He then stressed that this is "not WaIMart, where it's vacant early in the
morning"; rather, the cars will be on display all of the time. He characterized the request to not
require landscape islands as an issue of practicality, and encouraged the Commissioners to allow the
display area to remain more open.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Commissioner Brown stated his support for allowing a pole sign rather than requiring a
monument sign. After discussion and recognizing that the difference in height between a pole sign
installed at ground level and a monument sign on a berm is minimal, a majority of the Commissioners
indicated support for a pole sign.
The Commissioners then turned their attention to the issue of landscape islands. They
recognized that the islands along the south edge of the display area should remain as proposed, since
the span is not much over 100 feet. They determined, however, that three landscape islands should
be added at approximately mid-point across the northern display area to break up that expanse, which
is approximately 200 feet long. They also concurred that any trees planted within those islands
should not negatively impact the cars on display.
Commissioner Kirchhoff stated that, while the application has merit, he will not support it
because he does not feel left turns on North 19th Avenue to or from the site are appropriate, now or
in the future. He noted that, in spite of the Montana Department of Transportation's (MDoT)
decisions, he has safety concerns about this additional access onto an already busy street where
traffic moves at a fast pace. He then indicated that a conversation with Mr. Rob Buckvich, from the
local MDoT office, revealed he does not want to impact the City Commission's ability to make
decisions about traffic within the city limits.
Commissioner Frost voiced his frustrations with the Department's allowing this additional
access, which seems to be counter to their previous decisions and the importance of ensuring public
safety.
Planning Director Epple suggested that the Commission could add a condition imposing a
requirement for "right in, right out only" on the North 19th Avenue entrance, with the concurrence
of the Montana Department of Transportation. He noted that, with this condition, a future
Commission would need to be involved in lifting the condition and allowing left turns rather than the
Department being able to unilaterally lift the requirement.
05-21-2001
- 20-
Responding to Mayor Youngman, Mr. Wallin stated that he had anticipated the ability to obtain
a left turn into the site from North 19th Avenue at some time in the future. He stressed that, without
access from North 19th Avenue, this project would not be viable.
Mr. Don Stueck noted that, when a traffic signal is installed at Deadman's Gulch, the road is
widened to five lanes, and the speed limit is reduced to 45 miles per hour, a left turn into this property
could be safely made.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Major Site
Plan with Certificate of Appropriateness requested by Martel Construction for David and Lou Ann
Wallin, under Application No. Z-01037, to allow construction of a ± 55,300-square-foot automobile
sales facility on Lots 2 through 5, Tract 2, Gardner Simmental Plaza, be approved, subject to the
following conditions:
Landscape islands shall be provided, at a minimum of eight (8) feet in width,
at approximately mid-point in the northern portion of the automobile display
area and contain at least one (1)small tree and five (5) evergreen shrubs of a
variety that will not negatively impact vehicles.
The freestanding sign shall be in compliance with the zone code requirements
and shall be constructed of permanent, durable materials that exhibit an
appearance of professionally executed graphic quality, i.e. relief and materials.
A sign detail shall be provided with the final site plan depicting the relief of the
sign, materials, color and amount of illumination.
Additional landscaping shall be provided within the one hundred (100) foot
setback along Simmental Way, in clusters of varying types and species of plant
materials, to screen the parking on the east side of the automotive dealership.
..
The earthen berm along North 19th Avenue shall be constructed to a height of
four (4) feet, including vegetation with a slope not to exceed 1:4. A profile of
the berm showing the topography, in relation to the trail and vegetation, shall
be provided with the final site plan.
The property owner shall vacate Simmental Trail Court prior to final site plan
approval.
Ingress/egress from North 19th Avenue shall be limited to "right turn in, right
turn out only"; and the "pork chop" traffic control device shall be modified
accordingly, subject to review and approval by the City Engineering Office.
The applicant shall provide a common signage plan with legend, detailing the
type, materials, color, square footage and illumination output of each sign, with
the final site plan submittal.
The site plan shall be reviewed and approved by the Gardner-Simmental
Association and a copy of the approval letter shall be provided with the final
site plan submittal.
9. The final site plan shall be drawn to scale.
10.
The applicant must submit seven (7) copies a final site plan within 6 months of
preliminary approval containing all of the conditions, corrections and
modifications to be reviewed and approved by the Planning Department.
11.
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
05-21-2001
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12.
13.
14.
15.
16.
17.
18.
19.
plan, including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
The applicant shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final
site plan submittal. If occupancy of the structure is to occur prior to the
installation of all required on-site improvements, the Improvements Agreement
must be secured by a method of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements not yet installed.
Said method of security shall be valid for a period of not less than twelve (12)
months; however, all on-site improvements shall be completed by the applicant
within nine (9) months of occupancy to avoid default on the method of security.
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.
The applicant shall be required to provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SIDs) for the following:
Signalization improvements to the intersection of Deadman's Gulch
and North 19th Avenue.
b. Deadman's Gulch and Simmental Way improvements.
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair
share, proportionate basis as determined by square footage of property, taxable
valuation of the property, traffic contribution from the development or a
combination thereof.
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 overall plan must
demonstrate adequate site drainage (including drainage directions, sufficient spot
elevations, and required drainage swale locations and typical sections),
stormwater retention/detention basin details (including basin sizing and discharge
calculations, pond typical sections (1:4 maximum permissible side slopes), and
inlet 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 designated stormwater retention ponds.
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, 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.
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20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Where services cross under retention ponds, culverts, and/or drainage swales,
adequate cover shall be maintained.
Any floor drains proposed for the building interior 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.
A Pretreatment Program Sanitary Sewer Survey shall be completed by the
applicant and submitted to the Engineering Department prior to final site plan
approval.
A sewer service sampling manhole, to be approved by the City Engineering
Department, shall be installed for the purpose of sampling and flow
measurement.
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.
The proposed Simmental Way access shall be installed in accordance with the
City of Bozeman Standard Drawing No. 02529-1 lA.
Approval of the proposed North 19th Avenue access
Montana Department of Transportation and provided
final site plan approval.
must be obtained from the
to City Engineering prior to
The Montana Department of Fish, Wildlife, and Parks, Soil Conservation Service,
Montana Department of Environmental Quality, and Army Corps of Engineers
shall be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan
approval.
The domestic water service shall be provided from the 12-inch water main in the
west easement on Simmental Way. The City of Bozeman Water Department will
install the domestic service to six feet inside the first property line or six feet
inside the edge of the west easement. Installation of the domestic service from
the curb stop to the building is the owner's responsibility and must be installed
in compliance with City of Bozeman standard, which includes an approved
backflow protection device.
The required fire service shall be installed from the 12-inch main in the west
easement of Simmental Way. An engineered plan and profile of the proposed
fire line must be provided to the City of Bozeman for review and approval.
The owner is responsible for excavation and installation of the sanitary sewer
service from the 24-inch main in Simmental Way. The City of Bozeman Water/
Sewer Department will tap the main and install the saddle to which the
contractor must connect to service the building.
Application shall be filed and fees paid at the Building Department prior to
installation of the domestic water, fire and sanitary sewer services, as well as
all impact fees.
Detail shall be provided on the final site plan identifying the design of any wall
mounted lights. All lighting shall be arranged so as to deflect light down and/or
away from any adjoining properties and shall not detract from driver visibility on
05-21-2001
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adjacent streets. Luminaires and lenses shall not protrude below the edge of the
light fixture per Section 18.50.035.1.
32.
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 the space. One disabled accessible space
shall be signed "Van Accessible" and provide an eight (8) foot wide parking
space with an eight (8) foot unloading aisle per Section 18.50.120.F.3.
33.
Per Section 18.50.110.B.14 "Snow Removal Storage Areas", snow storage
removal areas shall be placed in such a manner as to avoid damage to
landscaping. No snow storage shall be depicted on top of trees and shrubs.
34.
The landscaping provided shall be in accordance with the performance standards
outlined in Section 18.49.070 and the landscape plan shall be prepared and
certified by a registered Montana landscape architect, an individual with a degree
in landscape design and 2 years of professional design experience, or an
individual with a degree in a related field and at least 5 years of professional
design experience per Section 18.49.040.C.3, "Preparation of Landscape Plan"
35.
The location for and a detail of a bike rack shall be shown on the final site plan
per Section 18.50.035.R.
36.
Per Section 18.50.035.D, trash enclosures shall be constructed so that contents
are not visible from a height of five feet above grade from any abutting street or
property. Details and specifications shall be shown on final site plan. 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.
37.
According to Section 18.65.030 "Sign Permit Requirements", a sign permit shall
be secured prior to construction, placement, erection or modification of such
sign.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those
voting No, none.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1) Memo from the Recreation and Parks Advisory Board, dated May 15, regarding naming
of the trail and park in Sundance Springs Subdivision.
(2) Copy of the notice of special meeting for the town meeting to be held on Thursday, May
24, at the Emily Dickinson School.
(3) Memo from Superintendent of Facilities and Lands James Goehrung, dated May 21,
notifying the Commissioners of an improvements project in Kirk Park that includes a basketball court.
(4) Memo from the Edits Subcommittee, dated May 18, forwarding proposed changes to
the draft transportation plan update.
05-21-2001
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(5) Memo from Planning Director Andy Epple, dated May 9, forwarding a copy of the report
entitled Northeast Bozeman Mixed Use Development Plan, as prepared by the Community Design
Center in the MSU School of Architecture.
(6) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on May 16.
(7) Agenda for City Planning Board meeting which was held on Thursday, May 17.
(8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May
22, at the Courthouse.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, May 22, at the Professional Building.
(10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May
22, at the Professional Building.
(11 ) Commissioner Frost stated that, as part of the City Planning Board's outreach program
for the 2020 plan, an input meeting was held at the Bridger Outdoor Science School, and about a
dozen people were present. He also noted that Mr. Jim Pepper was present at the last Planning Board
meeting, and cautioned them to protect Bozeman from its transportation plan.
(12) Commissioner Frost requested that the status of improvements for the northeast
neighborhood be included on next week's agenda. He noted that the City Attorney has indicated a
truck route ordinance will be ready for Commission consideration in September; and changes such as
allowing parking on both sides of North Wallace Avenue, striping of crosswalks on North Wallace
Avenue and North Church Avenue, removal of encroachments into the street rights-of-way, and
construction of sidewalks as far north as possible on North Wallace Avenue could be accomplished
yet this summer.
Assistant City Manager Brey cautioned that the northeast sector is the oldest platted portion
of the community, and the plats don't always correspond with what's on the ground. He noted that
lot lines can be as much as 5 to 10 feet off, and this may result in some impacts on street and alley
rights-of-way.
(13) Commissioner Smiley voiced concerns that some of the parking has been removed in
the downtown area. She indicated that she will make a list of those areas to see if some parking can
be added back onto the streets.
(14) Commissioner Kirchhoff asked if the Commission needs to provide more direction for
revisions to the design of West Oak Street; Director of Public Service Arkell indicated that, after the
Transportation Coordinating Committee meeting, staff will bring back some suggestions for
Commission consideration.
(15) Commissioner Kirchhoff voiced concern about the street standards in the transportation
plan and the potential that the Transportation Coordinating Committee may adopt standards that the
Commission does not want. He recognized that the Commission will eventually need to adopt revised
subdivision regulations to accommodate the changes in street standards.
Planning Director Epple stated that he anticipates the transportation plan will provide a local
street standard but will also reference the subdivision regulations and possibly alternative standards.
(16) Commissioner Kirchhoff noted that the Memorandum of Understanding with the Library
Board of Trustees needs to be brought back for Commission action.
Commissioner Frost suggested that this item be delayed until after the election on the bond
issue is completed.
05-21-2001
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Staff Attorney Cooper noted that he and the City Attorney have been monitoring the progress
of the MOU but have not seen it come back across their desks.
(17) Commissioner Kirchhoff asked if it would be possible to schedule work sessions in
special afternoon Commission meetings; Commissioner Smiley responded that she would not be able
to attend afternoon sessions due to her work schedule.
(18) Mayor Youngman reminded the Commissioners that the town meeting on the budget
is scheduled for 7:00 p.m. to 9:30 p.m. on Thursday, May 24, in the cafeteria at the Emily Dickinson
School. She noted that the Commissioners will be facilitating small group discussions, with the
Community Mediation Center facilitating the town meeting so all of the Commissioners can
concentrate on the input being provided. She also identified the various options for providing input
that will be available at the meeting.
Commissioner Frost stated he will be out of town for the meeting.
(19) Commissioner Smiley indicated she wants to make a 15 or 20 minute presentation on
the living wage issue at an upcoming work session.
Adjournment - 10:20 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Frost, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Frost, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting
No, none.
ATTEST:
L. SULLIVAN
Clerk of the Commission
05-21-2001