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HomeMy WebLinkAbout2001-05-07 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 7, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 7, 2001, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, 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. Signing of Notice of Special Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Work session - meeting with representatives from School District No. 7 re Iong-ranQe plans Included in the Commissioners' packets was a copy of the draft Bozeman School District Facility Master Plan, dated April 30, 2001. School District representatives present at this meeting included: Gary Griffith, Director of Maintenance Denise Hayman, Trustee Mike Redburn, Superintendent Sara Garcia, Trustee Judy Wilkes, Long Range Planning Committee Jerry Cashman, Trustee Lowell Springer, architect and Long Range Planning Superintendent of Schools Mike Redburn gave an overview of the draft facility master plan, stressing it is a draft that will be initially submitted to the School Board at its next meeting. He noted that this document is not as comprehensive as the City's 2020 Growth Plan; however, it does establish plans for facilities and land acquisition and will be revised on an annual basis. He drew the Commissioners' attention to the conclusions and recommendations, noting that projections indicate a slight decrease in enrollment over the next few years but not for the long term. Issues identified include purchasing property to house those activities currently in the East Willson School; planning for a new elementary school; purchasing properties for a new high school and a new middle school; considering a bond issue to address the list of unmet capital expenditure needs; and coordinating efforts to ensure that meeting these needs does not overburden the community, especially when considered in conjunction with the needs of other public entities. He concluded by thanking the City's Planning staff for the information they provided regarding the City's growth plan, noting it had significant impact on their property acquisition considerations. Responding to questions from Commissioner Frost, Mr. Redburn stated that schools are generally one level because it is easier to accommodate ADA accessibility requirements with a one- level facility than with a multi-level facility, where ramps and/or elevators would be needed. Mr. Lowell Springer also noted that codes do not allow for basements or second stories on schools housing Grades K through 5. He recognized that middle schools and high schools could be 05-07-2001 -2- constructed as multi-level facilities; however, the costs of providing full accessibility could be quite high. Mayor Youngman asked if certain types of streets are desirable when acquiring land for future school sites. Mr. Griffith responded that issue has not been discussed. He noted, however, that it is probably preferable to have elementary schools located in a residential area, while middle schools and high schools can also be located along major roadways. Mr. Redburn stated the School District has learned that schools should not be located on dead end streets, as evidenced by congestion problems encountered at the two newest elementary schools. Ms. Wilkes noted that no dedication of school land is required when a subdivision is approved, so it is often difficult to locate a school within a neighborhood unless the subdivision plan accommodates it. Superintendent of Schools Redburn stated that sprinkling of the high school will be addressed this summer. He noted that the $26 million in the capital needs generally represents deferred maintenance in all of the schools. Mr. Griffith expanded on that statement, noting that both electrical and mechanical systems need upgrading in most of the schools. He cited some examples of the problems encountered in the older elementary schools when trying to install new computers on a old electrical system. He noted that electrical consumption in the schools has increased from 3 million kilowatt hours ten years ago to 4.5 million kilowatt hours last year, and estimated 60 to 70 percent of that increase is due to computers. Responding to City Manager Johnson, Ms. Wilkes stated that impact fees may not be assessed for schools. Responding to Mayor Youngman, Mr. Redburn stated that each school serves as a magnet for certain types of students, and an innovative school would provide such a magnet. He acknowledged that meshing the physical plant with a school's program is an interesting opportunity. Commissioner Smiley noted the Bill Gates Foundation is helping schools with wiring their facilities to accommodate computers, and suggested that might be one source of funding to assist the School District in addressing its problems. Responding to questions from Superintendent of Facilities and Lands James Goehrung, Mr. Gary Griffith stated that one of the biggest problems the School District encounters is impacts on the turf when the playground areas at the various schools are used during the summer. He noted that it takes three to four years to get a good root system established, and the lawns and play areas need the eleven weeks of summer to recover. He recognized there is community pressure to use those grassed areas during the summer; however, the School District must also provide a good educational site for nine months of the year. He indicated that one group of 1500 bicyclists will be using the Sacajawea School site for an overnight stay this summer. Responding to Commissioner Kirchhoff, Mr. Griffith provided the optimal sizes of school sites. He noted that elementary schools are to be located on 10-acre sites, with 1 additional acre for every 100 students; middle schools are to be on 30-acre sites; and high schools are to be on 50-acre sites. Following discussion on the locations of future school sites, Mr. Lowell Springer suggested the first step is for School District representatives to meet with the City's Planning staff to identify potential areas that make sense. He recognized that acquiring properties in those locations must be done on a voluntary basis because it is illegal to make that acquisition mandatory. Mayor Youngman asked the School District representatives to address the issue of parking around the high school. Superintendent of Schools Mike Redburn stated Bozeman High School has been in its current location for over thirty years, and space on the site is critical. He noted the School District has recently acquired two residential properties and is in the process of acquiring a third so more practice fields can be developed. He recognized that this might allow for development of a parking lot 05-07-2001 -3- elsewhere on the site; however, the Board has indicated it does not want to spend general fund monies for those improvements. He stated that, even with an agreement under which students can park in the Hastings mall parking lot, the impacts of the students parking in the neighborhood will still remain. He cautioned that, if the boundaries of the proposed parking district are not wide enough, the students will only move to the next closest location; and care must be taken to ensure that Chief Joseph Middle School doesn't simply become a hallway for students walking from their cars to Bozeman High School. He concluded by recognizing that a substantial number of students drive because they have to, mainly because of early classes, after school activities or after school jobs. Ms. Denise Hayman noted that the school also needs more parking for events. Assistant City Manager Ron Brey stated that the revised petition for a parking district includes North 9th Avenue to North 11 Avenue, from West Olive Street to Durston Road, and North 15th Avenue from West Beall Street to Durston Road. He stated that, in that area, slightly over 500 parking spaces are available, and over 300 of those spaces were occupied when the inventory was done. He noted there are 53 block faces within the proposed district boundaries, and they would not adequately fund the staffing of an enforcement program; so, he may come forward with a proposal that the School Resource Officer be responsible for enforcement unless the Commission determines the costs should be borne by the general taxpayers. lot. Mr. Redburn noted the School District is at least a year away from providing a usable parking Mr. Bob Hawks noted that his office is across Main Street from the high school, at the corner of West Babcock Street and South 11th Avenue and, for all practical purposes, should not be impacted by the students. However, the increased demand for parking and the inconsiderateness of the students has prompted residents and business owners in the area to seek the creation of a parking district. He recognized that it takes time to "get the wheel rolling", particularly when public positions and budgetary considerations are involved; and those that would be impacted by the residential parking district realize that pressure on the decision-making bodies is needed to get the issue resolved. Commissioner Smiley encouraged the representatives of the School District to recognize the need to provide adequate parking and to be a good neighbor. Responding to Mayor Youngman, Mr. Redburn stressed that the School Resource Officer is assigned to the School District and not to the high school. He cautioned that using that officer to enforce the parking district will take him or her away from other duties and issues. The Commission thanked the School District representatives for participating in this work session. Break - 4:30 to 4:40 p.m. Mayor Youngman Commission policy. declared a break from 4:30 p.m. to 4:40 p.m., in accordance with Minutes - January 18 and February 7, 2000, and January 30, April 20, and April 30, 2001 Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, and April 30, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Public Works Week" - May 20-26, 2001 05-07-2001 -4- One-year extension of preliminary plat approval for Kamp Minor Subdivision (subdivide 7.0381 acres in the NE%, Section 8, T2S, R6E, MPM, into five lots) (westernmost lot in Burrup Annexation) - Dan Kamp for himself, Harold and Winona Vandermolen, and John and Martha Kamp (P-9708) Award bid - Burrup lift station improvements - Big X, Inc., Bozeman, Montana - in base bid amount of $59,800 Ratify City Manager's siclnature - Agreement with Cheryn Fairbairn for continued coordination of neiqhborhood activities after expiration of VISTA program 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. Presentation of 2001-2002 Convention and Visitors' Bureau marketin¢l plan - David Smith and Cynthia Andrus Included in the Commissioners' packets was a letter from the Chamber of Commerce, dated April 19, requesting an opportunity to present the marketing plan for 2001-2002. Distributed just prior to the meeting was a copy of the budget and marketing plan for the Convention and Visitors' Bureau. Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, reminded the Commission that a 4-percent accommodations tax, or bed tax, is assessed on all overnight accommodations costing over $25 per night. In the fiscal year just ended, $11 million in bed taxes was collected statewide. Approximately $1.6 of those monies went toward the purchase of Nevada City and Virginia City as well as other State projects, $7 million went to Travel Montana, and 91.7 million was distributed to the six regions in the tourism program. Yellowstone Country received 9600,000, and Bozeman will receive roughly 968,000 of that distribution. Mr. Smith reviewed the summary sheet for the budget, noting that they may budget for up to 95 percent of the expected distribution plus any roll-over funds; and up to 20 percent can be used for administrative purposes. As a result, the Chamber of Commerce has a Convention and Visitors' Bureau Director who is partially funded through this source, with the remainder being paid by the Chamber. He identified some of the marketing opportunities that are being pursued, including advertising in the SkyWest magazine; local tours to promote longer stays in Bozeman; partnering with other agencies in Bozeman, such as the Museum of the Rockies, for promotion opportunities; and printing maps of the downtown walking tour. Responding to questions from Commissioner Smiley, Mr. Smith stated that West Yellowstone now has close to 1800 rooms while Bozeman has roughly 1600 rooms. He stated that Big Sky does not have as many rooms, but their rates are higher. As a result, they are the third largest funded program in the state, behind Missoula and Billings. Ms. Cynthia Andrus, Convention and Visitors Bureau Director, stated she has been in this position since January, and comes to it with a very strong tourism and recreation background. She reviewed some of the activities that have been undertaken, including the publishing of 50,000 new rack brochures and a recent mailing to 1,800 convention and meeting planners. She stated the Chamber is also working with an advertising agency to create a new information packet to send in response to requests for information about the area. She identified some upcoming activities, including the regional finals rodeo and the cross country ski championships in preparation for the 2002 Olympics. She noted that twelve tournaments will be coming to Bozeman this next year, and those have significant economic impact on the community. The Chamber is also promoting familiarization 05-07-2001 -5- tours, or "fam tours", which are designed to educate travel planners about the area and facilities available, and those in the hospitality industry are being educated so they can respond to requests from visitors accurately and courteously. Responding to questions from Commissioner Frost, Mr. David Smith stated that representatives from the seven largest Chambers in the state meet on a regular basis, and they will be starting work on the next legislative agenda in the near future. Ms. Andrus noted that she worked as a park ranger in Yellowstone Park for ten years, and she recognizes protection of the environment is an important element in tourism. Mr. David Smith concluded the presentation by noting the Chamber is considering a request to construct a new log cabin at the North 19th Avenue interchange to provide tourist information, with that log cabin to be manned, particularly in light of the success of the log cabin on North 7th Avenue. Appointment of City representative to Yellowstone Country Board of Directors Included in the Commissioners' packets was a letter from the Chamber of Commerce, dated April 19, in which the Executive Director requested that Cynthia Andrus be appointed to serve as the City of Bozeman's representative on the Yellowstone Country Board of Directors. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Cynthia Andrus be appointed to replace David Smith as the City's representative on the Yellowstone Country Board of Directors, with a three-year term to expire on April 30, 2004. 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. Review of input re draft transportation plan update Included in the Commissioners' packets were copies of the written comments submitted by Mayor Youngman and Commissioners Brown and Kirchhoff. Distributed just prior to the meeting were comments submitted by Commissioner Frost. Mayor Youngman stated she has prepared a spreadsheet of the comments submitted. She noted that the need for revising the mapping note Figure 5-1 was identified during previous discussion on the draft transportation plan. As a result of discussion, the Commissioners agreed the language should be changed from "strive to avoid" to "minimize" impacts on wetlands. Mayor Youngman turned the discussion to the acceptable widths for the various street standards, based on the spreadsheet. She noted that the transportation plan proposes 60-foot-wide rights-of-way for local streets, and the Commissioners' comments suggest a narrower standard may be appropriate. City Engineer Craig Brawner cautioned that, at the present time, the City requires developers to bear the costs of one-half a local street standard for arterials and collectors abutting their projects. If the standards for local streets are decreased and those for arterials and collectors remain the same, the City will bear more of the costs of constructing those streets. Responding to Mayor Youngman, the City Engineer stated that, to the best of his recollection, a 32 to 33-foot street width appeared to be the narrowest acceptable width during the bus tour last year; and the tour did include some 28-foot-wide streets. The Commissioners discussed the issue of parking on local streets; and a majority felt it was important to include parking for a variety of reasons. They recognized that, in some planned unit development situations, streets without parking could be considered. They also determined that the local street standard should remain in the transportation plan, at least in an abbreviated format, with the subdivision regulations being revised to include a more comprehensive set of street standards. 05-07-2001 -6- Due to the late hour, the Commissioners determined this discussion should be continued after the public hearings. Recess - 5:35 p.m. Mayor Youngman declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Youngman reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearinq - Conditional Use Permit for Planned Unit Development - Tan.qe Family Trust - allow development of mixed use commercial/retail planned unit development consisting of five buildings and reduce required off-street parking requirements by approximately 11 percent on 4.6223 acres described as portion of the amended plat of Block 3, Tan.qe's Subdivision (along north side of West Oak Street at its intersection with North 11th Avenue extended) (Z-01030) This was the time and place set for the 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. Included in the packet was memo from Senior Planner Dave Skelton, dated April 4, requesting that this public hearing be opened and continued to May 14, to give the Design Review Board an opportunity to review the application and forward its comments. Mayor Youngman opened the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the public hearing be continued to May 14, to give the Design Review Board an opportunity to review the application and forward its recommendation. 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 - intent to annex 1.869-acre parcel described as Parcel B, COS No. 2056 (south side of West Villard Street between Greenway Drive and Western Drive) (A-0101) This was the time and place set for the public hearing on the intent to annex 1.869 acres described as Parcel B, Certificate of Survey No. 2056, under Application No. A-0101, as established by Commission Resolution No. 3433, entitled: COMMISSION RESOLUTION NO. 3433 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. 05-07-2001 -7- Mayor Youngman opened the public hearing. Assistant Planner Jami Morris presented the staff report. She noted the subject property is located along the south side of West Villard Street, between Greenway Drive and Western Drive. She stated it is contiguous to the city on its western boundary. The Assistant Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report, which was included in the Commissioners' packets. She briefly summarized those findings and forwarded staff's recommendation for annexation, subject to the following issues being addressed prior to annexation: A public access easement and utility easement shall be filed with the Annexation Agreement for the future extension of Villard Street. The owner shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs to be filed with the Annexation Agreement for the following: a) A City-wide Parks Maintenance District; and b) Street improvements including paving, curb & gutter, sidewalk, storm drainage for Durston Road. As the parcel is less than 10 acres in size, water rights, or cash in-lieu in the amount of $2,547.97, must be provided at the time the Annexation Agreement is submitted. ., Prior to development, the developer(s) will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure master plans and all City policies and guidelines that may be in effect at the time of development. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. The Annexation Agreement, which addresses all conditions placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. The annexation map must clearly delineate the metes and bounds description of the annexation parcel (the existing COS description should suffice). The map must provide the legal description of the property, show the existing public utilities (water, sewer, roadways and storm drainage) improvements on the property; and show adjacent developments (subdivision name, block and lots). The map shall also show rights-of-way and public easements within and adjacent to the property. The map must be supplied on a mylar (18-inch by 24- inch) for City records, one (1) digital copy on a double-sided, high density 3~- inch floppy disk and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. Assistant Planner Morris stated that the subject property is located within the Main Mall sewer trunk payback area as well as the rural improvement district for Western Drive. 05-07-2001 8- Responding to Commissioner Kirchhoff, the Assistant Planner confirmed the only access to this property is from West Villard Street. Mr. Lowell Springer, architect representing the applicant, noted that the former owner of this property, an elderly gentleman in poor health, went through the annexation process and it was nearly completed when he died. He indicated that development of the site will include a hammerhead turnaround at the end that meets fire requirements. He cautioned, however, that the development of this site is not part of the annexation hearing process. Mr. Derek Homan, 356 Greenway Court, distributed to the Commission a petition containing sixteen signatures of residents within 150 feet of the subject property who are opposed to the annexation and rezoning of this property. He stated that, if one looks at the alignment of West Villard Street, it would hit a chain link fence along one property and the garage and telephone pole on the property at the end. He also voiced concern that if only one access is provided to this parcel, some residents could incur safety problems if a fire were to break out in one of the units closest to West Villard Street. Mrs. Debbie Arkell, 325 North Western Drive, stated it is her property to which Mr. Homan referred. She stated that in 1982, the County allowed them to expand garage to one foot off the property line, which is also the street right-of-way line; and the telephone pole is located close to the right-of-way line. She voiced some concerns about drainage, noting that Villard Street is built up and will drop down as it reaches North Western Drive. Responding to questions from Mr. Homan, Assistant Planner Morris stressed that this is an annexation process, and ingress/egress is not addressed at this time. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Mayor Youngman indicated her support for annexation of this property, noting that it will help ensure that the issues raised by the neighbors are addressed. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that staff be authorized and directed to bring back an annexation agreement and resolution of annexation for Commission consideration, upon satisfaction of the seven items listed above. 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 - Zone Map Amendment - Springer Group Architects for Willowbrook Development, Ltd. - establish initial zoning designation of "R-3a" on 1.869-acre parcel described as Parcel B, COS No. 2056 (south side of West Villard Street between Greenway Drive and Western Drive) {Z-01017) This was the time and place set for the public hearing on the Zone Map Amendment, as requested by Springer Group Architects for Willowbrook Development, Ltd., under Application No. Z-01017, to establish an initial zoning designation of "R-3a", Residential--Two-family, Medium-density, on a 1.869-acre described as Parcel B, Certificate of Survey No. 2056. The subject property lies along the south side of West Villard Street, between Greenway Drive and Western Drive. Mayor Youngman opened the public hearing. Assistant Planner Jami Morris presented the staff report. She reviewed the surrounding zoning designations, noting that development in the area consists of a large amount of single-family housing and some townhouses. She noted that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She concluded by forwarding the Zoning Commission's recommendation for approval of the requested "R-3a" zoning. 05-07-2001 Responding to Commissioner Brown, Assistant Planner Morris stated that, included in the staff report, is a comparison of the uses allowed in the County's "R" zoning designation and the City's "R-3a" and "R-2" zoning districts. Mr. Lowell Springer, architect representing the applicant, noted that the zoning process was also near completion five years ago, but could not be completed when the annexation process could not be completed. He characterized "R-3a" as a good compromise for use of the property, noting it is in keeping with the master plan and has been forwarded on a unanimous recommendation from the Zoning Commission. He indicated that, even though much of the surrounding property is zoned "R-3", it is developed with single-family residences and some pockets of multi-family housing. Mayor Youngman indicated that the petition submitted under the previous public hearing is also entered into the record for this public hearing. Mr. Derek Homan, 356 Greenway Court, reviewed the staff responses to several of the twelve criteria against which zone map changes are considered. He indicated that the new zoning will not lessen congestion in the streets, particularly since the development proposal is for 16 duplexes with one way in and one way out. The result, in fact, will be increased traffic on Greenway Avenue, West Villard Street and Western Drive. He also expressed concern about safety in the proposed development, particularly if a fire were to break out in one of the first units, thus trapping other residents in the development. He stated that the area is not currently zoned for medium-density residential, and doing so will allow for more congestion. He noted that residents immediately surrounding this property reside in single-family homes; and developing this site with single-family units would be more appropriate than the proposed multi-family structures. He voiced concern that the major roads serving this area, including West Babcock Street and Durston Road, are already overburdened and continued development only compounds the problems. He indicated that his master bedroom looks out onto this subject property, and looking into another master bedroom will negatively impact his property and its value. He concluded by asking the Commissioners to take into consideration the negative impacts that would result from allowing multi-family development on this subject site. Mr. Patrick Stephens, 225 North Western Drive, stated his concurrence with Mr. Homan's comments and voiced concern that Western Drive will become a through street for the development of this site. Mr. Braiden Burns, 364 Greenway Court, stated there are not many parks and a lot of children in this area. He suggested that creation of a park on this subject property would help to alleviate congestion in the area as well as provide a place for the children to play. Mr. Bob Stevenson, 348 Greenway Court, stated he does not support the proposed "R-3a" zoning for this property. He indicated that he would like to see this property develop with single- family homes, voicing concern that duplexes would be taller and would block his view of the Bridgers. Mr. David Genthold, 211 North Western Drive, stated he moved to this location in August, and one of its benefits is that it is not on a through street. He expressed concern about the increased traffic that development of this site will have on Western Drive, and suggested that the number of units allowed on it be decreased to avoid some of the potential negative impacts. Assistant Planner Jami Morris noted that the proposed "R-3a" zoning designation is more restrictive than the existing "R-3" zoning on surrounding properties. She indicated that the maximum height restriction in this zone is 32 feet, depending on the roof pitch, and that is the same as for the "R-2" zoning designation. Planning Director Andy Epple noted that the possibility of "R-2" zoning was discussed at the Zoning Commission meeting, but they did not conclude that was appropriate. He then noted that the Commission does have the authority to apply a more restrictive zoning than what has been requested. Responding to questions from Mayor Youngman, Director of Public Service Arkell stated one of the recommendations is that the applicant sign a waiver of right to protest future improvements 05-07-2001 -10- to Durston Road. She noted that consulting engineering firms are currently being interviewed for that project, and steps are currently being undertaken to obtain right-of-way for improvements to West Babcock Street. Responding to Commissioner Kirchhoff, Planning Director Epple stated the Zoning Commission viewed this as an infill project and felt that the "R-3a" zoning was appropriate for that type of development. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Responding to Mayor Youngman, Staff Attorney Day-Moore stated that it is possible the petition will trigger the 3/4 vote requirement. She noted that, if it appears the Commission will encounter a split vote on this item, action should be deferred for a week to give staff an opportunity to determine if a super-majority is required; or the Commission could proceed with a decision at this time if it appears the super-majority requirement would be met. Commissioner Smiley stated she is in favor of a little denser housing, and duplexes will help to create that on this property. She also noted that duplexes will provide more variety of housing in that immediate area. Commissioner Brown stated he feels duplexes are appropriate for this site, characterizing it as a transitional type of development. Commissioner Kirchhoff stated that, while he agrees with the need for infill and density development, he does not believe that every parcel needs to bear that burden. As a result, he indicated support for staff's recommendation of "R-2" zoning for this parcel. Commissioner Frost indicated his support for the "R-3a" zoning recommended by the Zoning Commission, noting it meets the provisions of the 2020 plan that encourage mixed use development. Mayor Youngman stated she, too, supports the requested "R-3a" zoning designation, noting that many of the "R-3" and "R-4" zoned areas have developed at much lower densities than planned. She then suggested that small amount of multi-family development in an area is better than larger areas of multi-family development with no single-family mixed in. Responding to questions from Commissioner Kirchhoff, Planning Director Epple stated that, of the last 600 housing units constructed, approximately 50 percent were single-family units while the other 50 percent were attached in some manner. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Zone Map Amendment, as requested by Springer Group Architects for Willowbrook Development, Ltd., under Application No. Z-0101 7, to establish an initial zoning designation of "R-3a", Residential--Two-family, Medium-density) on a 1.869-acre described as Parcel B, Certificate of Survey No. 2056, be approved subject to the following conditions: The ordinance of the Zone Map Amendment shall not be adopted until the resolution of annexation is completed and approved by the City Commission. If the annexation is not approved, the application shall be void. The applicant shall provide a metes and bounds legal description and an 8 Y2-inch by 11-inch or 8Y2-inch by 14-inch map of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman zoning map. The motion carried by the following Aye and No vote: Commissioner Frost, Commissioner Smiley and Commissioner Kirchhoff. those voting Aye being Commissioner Brown, Mayor Youngman; those voting No being 05-07-2001 11- Public hearing - Maior Site Plan and Certificate of Appropriateness - Comma-Q Architecture for Community Food Co-op - allow construction of a 9,950-square-foot addition to existing building on Lots 16 and 17, Block G, Story's Addition, with deviations from Sections 18.30.050 and 18.50.110.F., Bozeman Municipal Code to allow the north facade of the building to encroach 231/2 feet into required 25-foot front yard setback, allow addition to encroach into the side yard setback to the side property line, and to reduce the number of on-site parkin.q spaces from 53 to 42 spaces (Z-0101 26) This was the time and place set for the public hearing on the Major Site Plan and Certificate of Appropriateness, as requested by Comma-Q Architecture for the Community Food Co-op under Application No. Z-010126, to allow for construction of a 9,950-square-foot addition to the existing building on Lots 16 and 17, Block G, Story's Addition, with deviations from Sections 18.30.050 and 18.50.110.F. of the Bozeman Municipal Code to allow the north facade of the building to encroach 23¼ feet into required 25-foot front yard setback, allow the addition to encroach into the side yard setback to the side property line, and to reduce the number of on-site parking spaces from 53 to 42 spaces. The subject property is located at 908 West Main Street. Mayor Youngman opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She reviewed the application and the requested deviations. She indicated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She concluded by forwarding staff's recommendation for approval of the project and the deviations, based on excellence in architectural design. Mr. Ben Lloyd, architect representing the applicant, stated he has been working on this project for 1% years, in a process that began with community meetings and design discussions. He noted that the initial plans respected the setbacks, and the result was a building that was more centralized and took up the entire lawn east of the building. Through feedback from the community, the plans were revised to relocate the building more toward Main Street and to the west property line. The proposal includes use of recycled materials, including corrugated recycled steel siding, recycled timbers and recycled automobile tire shingles. Also, the residence is to be moved and the parking lot expanded to accommodate 40 parking spaces. Mr. Kelly Wiseman, general manager of the Co-op, stated that locating the addition close to Main Street will allow for preserving the lawn on the east and south sides of the building, and they will be able to maintain their tables. He stated this adds to the ambiance of the site, and the members of the Co-op are interested in retaining those tables. He characterized this area as a natural extension of the downtown, where the buildings abut the sidewalk. He recognized that the parking lot provides 13 less parking spaces than required; however, there are 12 on-street parking spaces available. He then noted that, in the world of retail, people will not stop if no parking spaces are open. He indicated that the Co-op sees a lot of foot traffic, and they will provide incentives for bicycling or walking to the store. Mr. William Sebena, owner of the Lewis and Clark Motel, 824 West Main Street, noted his motel is immediately across the street from this site. He distributed a five-page letter of opposition, which he reviewed at length. He voiced concern that the applicants are proposing to provide only 42 parking spaces for the expanded building, noting that he is currently experiencing problems with some of their customers parking in his parking lot. He noted that his son, who lives on South 9th Avenue behind the motel and across the street from the Co-op, has problems parking on the street because customers of the Co~op are parked there. He also noted that South 9th Avenue is 36 feet wide and, with parking on both sides of the street, there is only 18 feet for two-way traffic. He noted that West Babcock Street is only 32 feet wide with parking on both sides, and accessing the site from either of these streets with a large delivery truck will be very difficult. Mr. Sebena stated that the Co-op has outgrown this site, and allowing this addition is not feasible. He pledged to ensure that none of the Co-op's customers park in his motel parking lot. He then voiced concern about the proposed height of the building, which is 40 feet tall. He noted that 05-07-2001 12- his motel is 28 feet 6 inches tall, and this addition will be taller than either Nye's Clothesline, which is 21 feet tall, or Safeway, which is 25 feet at its tallest point. Mr. Sebena stated this area is not an extension of the downtown; in fact, Main Street ended at South 8th Avenue, and the highway went up 8th to West College Street and out to what is now West Main Street. He stated that the development which has occurred along West Main Street, west of South 8th Avenue, is all new and is set back from the street, making a nice looking boulevard. He suggested that the requested addition can be accomplished by building up on the existing structure, and that would allow for more parking as well as maintaining the setback. He concluded by requesting that the Commission deny this application. Mr. Chris Nixon, 719 North Wallace Avenue, stated that he let his membership in the Food Co-op drop when he saw the plans for expansion that included removal of the green space on the east side because they did not fit with his philosophy; however, when he saw these new plans, he renewed his membership. He voiced his support for extended the building close to the sidewalk, noting it reflects urbanism. He stated the architecture of the building is interesting, and the use of corrugated metal reflects the agricultural history of Bozeman. Mr. Robby Gammack, 9700 Forest Creek Drive, spoke in support of the application. He noted that, in fact, there will be a second floor in the expanded facility. He indicated that he has not had a problem parking at the facility, due in part to the fact that the Co-op encourages walking or bicycling rather than driving. He concluded by noting that the downtown area will expand, rather than staying confined in its small area. Mr. Anders Larsson, 603 South 5th Avenue, spoke in support of the proposal, stating he is one of those members who walks or bicycles to the store. He noted that he lived in Oregon for a couple of years, where co-ops tried to move out to the edge of the town, and they felt like big box stores. He stressed that is not the intent of a co-op, and encouraged approval of this application. Mr. Stewart Mitchell, 705 South Tracy Avenue, stated it is harder to park a bicycle at the Co-op than it is a car, noting he has rarely seen the parking lot full. He concluded by asking for approval of this project. Mr. Jon Gerster, 719 North Wallace Avenue, indicated support for this project, noting appreciation for the cutting edge design which demonstrates identified community values, the streetscape with trees to soften the urban effect, the use of recycled materials and the incentives for alternative modes of travel. Mr. Dana Huschle, Cherry Drive, indicated that delivery truck traffic is scheduled for early mornings whenever possible to avoid conflicts with customer vehicles in the parking lot. He then noted that the rental houses on South 9th Avenue have very little off-street parking available. Assistant Planner Karin Caroline stated that, after the initial application was submitted, the height of the building was lowered so a deviation is not needed. She indicated that this application was evaluated under the Main Street entryway corridor guidelines, and it has met them. Staff Attorney Patricia Day-Moore read into the record the letters from each of the Commissioners to the Secretary of State disclosing a conflict of interest, since all of them are members of the Community Food Co-op. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Each of the Commissioners voiced support for the proposal, identifying the basic philosophies behind the project, the incentives for alternative methods of travel, the design of the building, use of recycled material and landscaping as some of the reasons for support. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Major Site Plan and Certificate of Appropriateness, as requested by Comma-Q Architecture for the Community Food Co-op under Application No. Z-010126, to allow for construction of a 9,950-square-foot 05-07-2001 -13- addition to the existing building on Lots 16 and 17, Block G, Story's Addition, with deviations from Sections 18.30.050 and 18.50.110.F. of the Bozeman Municipal Code to allow the north facade of the building to encroach 23½ feet into required 25-foot front yard setback, allow the addition to encroach into the side yard setback to the side property line, and to reduce the number of on-site parking spaces from 53 to 42 spaces, be approved subject to the following conditions: Applicant shall install boulevard trees along Main Street in order to provide shade for pedestrians and bicyclists and create a friendly environment. All trees shall be located outside the street vision triangle for the subject property as well as the street vision triangle for the adjacent Aspen Motors. Applicant shall contact Montana Department of Transportation for the review and approval of the street tree locations. Per Section 18.50.035 (A) Glare and Lighting 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. Details and specifications, including bulb size and type, shall be reviewed and approved by the Planning Office prior to final site plan approval. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. Per Section 18.50.080 - Street Vision Trianqle (A) Arterial Streets No fence, wall, or planting in excess of thirty inches above the street centerline grade shall be permitted. Single-stem canopy trees may be permitted in street vision triangles provided that the mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of streets. Per Section 18.49.010-110- Landscaping (C) Landscape Plan Submission Landscape plans shall be prepared and certified by a registered Montana landscape architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a related field and at least five years of professional design experience. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. All landscape plans shall meet the requirements of the Landscape Performance Standards. 23 landscaping points are required for this project. o Location of all proposed boulevard trees must be reviewed and approved by the Planning Office and appropriate agencies to ensure that vision is not impaired or street signs are not blocked. All rooftop and/or exterior mechanical equipment must be screened from view and must be shown on the final site plan. All equipment and locations are subject to review and approval of the Administrative Design Review staff. 05-07-2001 -14- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. The applicant must submit seven (7) copies a final site plan within six months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. A building permit must be obtained prior to the work, and must be obtained 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. The domestic water service will require the installation of a reduced pressure backflow device. This installation will require a street cut permit from the State Department of Transportation. The sanitary sewer service for 907 West Babcock must be disconnected within 5 feet of the north property line. Service comes from the 6-inch main in the north property easement. This must be completed by October 31, 2001 as a prior condition of final site plan approval for the minor site plan. The final site plan shall be adequately dimensioned. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Plans and specifications for any 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. 05-07-2001 -15- 20. 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". 21. All existing utility and other easements must be shown on the final site plan. 22. 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). 23. An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water services within the State's right-of-way. 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. Break - 8:50 to 9:00 p.m. Mayor Youngman declared a Commission policy. break from 8:50 p.m. to 9:00 p.m., in accordance with Review of input re draft transportation plan update (continued) City Manager Johnson distributed copies of a diagram submitted by Fire Marshal Winn, showing how emergency vehicles would fit on a 37-foot-wide street with parking on both sides, a 20-foot-wide street with no parking and a 28-foot-wide street with parking on one side. Mayor Youngman voiced concern about 10-foot-wide driving lanes on collectors and arterials. She also noted that, in the winter, the berms of snow make the driving lanes narrower on the local streets. Commissioner Frost stated that the community can't continue to build streets at a 37-foot- wide standard, and suggested the City may need to consider smaller emergency vehicles. Mayor Youngman suggested a 56-foot-wide right-of-way with a 33-foot-wide street standard for local streets. In response to a request for additional time to research various alternatives, Planning Director Epple stressed that the transportation plan focuses on the major street network. He stated that the Transportation Coordinating Committee (TCC) asked the consultant to share his ideas on local street standards; and the consultant indicated that a 60~foot-wide right-of-way is adequate. He then suggested that the plan could reference a typical local street standard, with language indicating that an alternate standard may be adopted under the subdivision regulations or considered through development processes. Commissioner Brown voiced his willingness to consider reduced standards for local streets, since they are not designed to move traffic through the community; however, he views collectors and arterials in a different light. Commissioner Kirchhoff stated the street where he lives is 32 feet wide, and it does not deter speeding through the neighborhood. He voiced his interest in a standard that truly alters driver behavior. He then indicated he would like to see the standards for all different types of streets included in the transportation plan, even though the plan is designed to address only the major network system. 05-07-2001 -16- Commissioner Frost stated he wants to see traffic calming, no matter what size a street might be, and suggested that requirement be added throughout the street network system. Mayor Youngman turned the discussion to collector street standards, and whether an option for expansion to three lanes should be included in the two-lane standard. During discussion, Commissioner Frost proposed a format that includes 5-foot sidewalks, 7-foot boulevards and 10-foot driving lanes. Responding to Mayor Youngman, Planning Director Epple stated that the Montana Department of Transportation's (MDoT) standards go below a 12-foot-wide driving lane; however, he is not sure they go as Iow as 10 feet. He stated the Editing Committee has made a commitment to reducing the size of the major streets in the community; however, the new urban standards, based on federal standards, may require 11-foot-wide driving lanes. Director of Public Service Debbie Arkell cautioned that, if a street is on the urban system and is to be improved with federal or state transportation monies, it must be constructed to their standards. She noted that this requirement will generally apply to collectors and arterials and not to local streets. As a result of the discussion, the Commissioners determined that the standards should be reduced to an 86-foot-wide right-of-way for collectors, with 10-foot-wide driving lanes being generally acceptable if they are located adjacent to 8-foot-wide parking lanes. Mayor Youngman asked if language should be included in the plan to recognize the need for additional right-of-way at intersections where roundabouts are to be installed. Director of Public Service Arkell noted that adding a new section for roundabouts would be appropriate, possibly with a calculation for major intersections where they might be utilized. Mayor Youngman questioned why a minor arterial should be four or five lanes wide, suggesting that width should be reserved for major arterials. Director of Public Service Arkell reminded the Commissioners of the importance of planning for the future. Commissioner Kirchhoff voiced his interest in medians that allow for left turns only at specific locations. Planning Director Epple suggested that the 9-foot-wide boulevard be reduced to 7 feet, to be consistent with other street standards. After discussion, the Commissioners concurred that any excess width in the street right-of-way should be devoted to medians, with 7-foot-wide boulevards between the street and sidewalks. A majority also agreed that minor arterials should be no more than three lanes wide, while major arterials may be up to five lanes wide. Director of Public Service Arkell announced that the Montana Department of Transportation is ready to undertake improvements to South 19th Avenue from West Main Street to Kagy Boulevard. She reminded the Commission that, in 1997, staff was directed to design the roadway to a five-lane standard, and asked if that standard is still acceptable. She noted that a public meeting is scheduled for June 7, to receive public input on the design of that roadway, after which staff will seek direction from the Commission. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. 05-07-2001 -17- (1) Copy of a press release from SkyWest Airlines, announcing that Bozeman will be featured in their quarterly in-flight magazine. (2) Copy of an e-mail from Marilyn Tracz, Executive Director of the Downtown Bozeman Association, providing an update on the timeline for the downtown improvement project. (3) landfill. Copy of a newspaper notice regarding acceptable compost materials at the City's (4) Copy of a newspaper notice announcement that compost and mulch are now for sale at the City's landfill. (5) Copy of a newspaper notice to the City's garbage customers announcing the start of this summer's compost collection program. (6) List of planning projects to be considered at upcoming Commission meetings. (7) Newsletter from Headwaters Recycling announcing that the next meeting is to be held in Bozeman on Wednesday, May 9. (8) Copy of the minutes from the 9-1-1 Administrative Board meeting which was held on March 28, 2001. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 8, at the Big Sky Fire Hall. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 8, at the Professional Building. (11) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May 8, at the Professional Building. (12) Mayor Youngman stated that she met with staff regarding the town meeting scheduled for 7:00 p.m. on Tuesday, May 22, at the High School cafeteria, and briefly highlighted how that meeting is to be conducted. Adiournment - 10:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No, none. MARCIA B. YOUNG~ ATTEST: · SULLIVAN Clerk of the Commission 05-07-2001