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HomeMy WebLinkAbout2001-03-19 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 19, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 19, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Day-Moore, and Deputy Clerk of the Commission DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested item 4e, contract agreement with Terra Incognita GPS Mapping, Inc., be removed from the Consent Agenda. Minutes - January 18, January 24, January 31, February 7, 2000, and January 30, March 5 and March 12, 2001 it was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of January 24 and January 31, 2000 and March 12 2001, be approved as submitted; and the minutes of March 5, 2001 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000 and January 30, 2001, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "National Library Week" - April 1-7, 2001 Commission ResolutiOn No. 3430 - intent to vacate 150-foot-long section of alley extending west from North Church Avenue, lyin.cl between Lots 7-12 and Lots 13-18, Block 117, Northern Pacific Addition; set public hearing for April 2, 2001 COMMISSION RESOLUTION NO. 3430 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON A 1 §0-FOOT-LONG SECTION OF THE EAST/WEST ALLEY EXTENDING WESTWARD FROM THE WEST RIGHT-OF-WAY LINE OF THE NORTH CHURCH AVENUE RIGHT-OF-WAY BETWEEN LOTS 7 THROUGH 12 AND LOTS 13 THROUGH 18, BLOCK 117, NORTHERN PACIFIC ADDITION, IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 3431 intent to change names of various streets in Harvest Creek Subdivision and Durston Meadows Subdivision; old Highland Boulevard and portions of East Birch Street and North Montana Avenue; set public hearing for April 2, 2001 03-19-2001 2- COMMISSION RESOLUTION NO. 3431 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CHANGE 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. Authorize City Manager to sign - Professional Services Agreement with Morrison- Maierle, Inc. - engineering services for Baxter Meadows fast track review Award bid - cab and chassis with aerial platform and boom for Forestry Division - Pacific Utility Eouir)ment Company, Spokane, Washington - in the bid amount of $89,900.00 Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Announcement/introduction of new Director of Public Safety City Manager Johnson announced the appointment of Mark Tymrak, current Bozeman Police Chief and staff member for 26.5 years, as the new Director of Public Safety, to become effective June 30, 2001. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to ratify the City Manager's appointment of Mark Tymrak as the Director of Public Safety. 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. Authorize City Manager to sign - GPS Collection of Sewer Manholes, Water Valves, and Storm Drains - Terra Inco.qnita GPS Mapping, Inc. City Manager Johnson asked to have this item removed from the Consent Agenda to allow public testimony and discussion. Mayor Youngman opened the public hearing. Tom Henesch, 939 Harper Puckett Road, representing the Montana Association of Land Surveyors, expressed their concerns about this contract, noting this individual is not licensed as a surveyor or an engineer. This Association believes state law clearly states an individual must be licensed to practice surveying or engineering; and, therefore, this contract should not be awarded. Mr. Henesch also expressed concern over how this information would be used in the future, believing the data provided will not be accurate enough and could be used in the wrong way, thus creating public health, safety, and welfare concerns. Ron Allen, 2504 West Main, Suite F, representing the Board of Surveyors and Engineers, said he feels this is surveying since it appears this information could be used for engineering design; and, therefore, must be done under the supervision of engineers and surveyors. He asked this contract be tabled until the Board of Registration has reviewed this matter. Mark Chandler, 2415 West Main, C & H Engineering and Surveying, reiterated previous remarks and asked the Commission to delay action on this contract. 03-19-2001 3- Jonathan Roen, 409 North Grand, Morrison-Maierle, Inc., stated his biggest concern is that data gathered by unlicensed professionals has a way of "ripening into fact". He urged further examination of the contract and the qualifications of GPS. Paul Cook, 1011 East Missoula Avenue, Belgrade, Fluidyne, read from a copy of a portion of state statute, 37-67-101, Section 6, which was distributed to the Commission, highlighting the definition of what surveying is. Surveyors believe, according to Mr. Cook, that this new GPS technology overlaps what they do as licensed surveyors. Andy Stensrud, 1114 Woodland Drive, agreed with previous testimony, asking the Commission to defer awarding this contract. Adam Pedone, President of Terra Incognita GPS Mapping, Inc., responded it would, indeed, be very dangerous for him if the City were using this data for city planning; then they would need to hire a surveyor. However, this data is for use by the Water Department and other City departments to assist them in locating valves, manhole covers, storm drains, etc. He noted Morrison-Maierle, Inc. currently uses GPS technology. GPS is not governed by the statutes cited because they don't do any of the things defined as surveying. Jon Henderson, City GIS Manager, reiterated that under no circumstances will this data be survey or legal accurate. This information will be used for GIS purposes only; to provide efficient, cost-effective information to the City and the public. This will not be a permanent record and exact accuracy is not necessary for the data layers he is constructing. There being no Commissioner objections, Mayor Youngman closed the public hearing. In respons.e to a question from Commissioner Kirchhoff, Mr. Henderson stated he has two policies in place for the transference of data, releasing the City of all liability in its use. The City Attorney's office helped him draft a release of liability, which has a disclaimer that says this is GIS data only, this is not an official record; and if exact data is needed, they must hire a surveyor. Commissioner Brown said he feels surveyors shouldn't prevent the City from collecting GIS data because the City understands the limitations of the information gathered and doesn't plan to use that information beyond its limitations. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission authorize the City Manager to sign the contract agreement with Terra Incognita GPS Mapping, Inc. for the GPS collection of the location of sewer manholes, water valves, and storm drains. 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. Decision - Master Plan Amendment to change land use designation from "Agriculture Suburban" to "Public Lands/Open Space" and "Commercial" - Bozeman School District No. 7 - 27.730 acres described as Lot 4A, Minor Subdivision No. 221A (1,000 feet south of intersection of North 27th Avenue and East Valley Center Drive) (P-0020) This was the time and place set for the decision on the Master Plan Amendment, as requested by Bozeman School District No. 7 under Application No. P-0020, to establish an initial land use designation of "Public Lands/Open Space" and "Commercial" on 27.730 acres described as Lot 4A, Minor Subdivision No. 221A. The subject property is located approximately 1,000 feet south of the intersection of North 27th Avenue and East Valley Center Drive. Included in the Commissioners' packets was a letter from the School District, dated March 15, requesting that the decisions on this agenda item and the next item be deferred to March 26, due to a conflict with the School Board meeting. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the decision on the Mas'~er Plan Amendment, as requested by Bozeman School District No. 7 under Application 03-19-2001 4- No. P-O020, be tabled to March 26, per the applicant's request. 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. Decision - Zone Map Amendment - Bozeman School District No. 7 - establish initial urban zonin~o designations on 27.730 acres described as Lot 4A, Minor Subdivision No. 221A (1,000 feet south of intersection of North 27th Avenue and East Valley Center Drive) as follows: "M-l", Light Manufacturing, on the east 8.821 acres and "PLI", Public Lands and Institutions, on the west 18.908 acres (Z-0044) This was the time and place set for the public hearing on the Zone Map Amendment, as requested by Bozeman School District No. 7 under Application No. Z-0044, to establish initial zoning designations of "PLI", Public Lands and Institutions" and "M-1 ", Light Manufacturing on 27.730 acres described as Lot 4A, Minor Subdivision No. 221A. The subject property is located approximately 1,000 feet south of the intersection of North 27th Avenue and East Valley Center Drive. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the decision on the Zone Map Amendment, as requested by Bozeman School District No. 7 under Application No. Z-0044, be tabled to March 26, per the applicant's request. 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 7:05 pm In accordance with Commission policy, Mayor Youngman declared a break from 7:05 pm until 7:12 pm. Discussion re Historic Mixed Use (HMU) zoning district Planning Director Epple provided a brief history of the Historic Mixed Use zoning district and circumstances under which it might be utilized. He noted there were a couple of unsuccessful efforts made in the past to change zoning designations to HMU; failing because the key ingredient was missing - the buy-in and agreement of all affected parties. Mr. Epple stated the criteria for such a zoning designation is clearly laid out in Chapter 18.40 of the Bozeman Municipal Code; a special study must be completed, it needs to be an area of multiple owners, with 50 percent build-out with a mix of uses. Mr. Epple recognized there is new energy in the northeast neighborhood that may be interested in pursuing this zoning designation; adding in order for the effort to be successful, it must be neighborhood driven. It cannot be a forum to bring conflict before the Commission; it must be a partnership, established after the neighborhood has done the grass root work. Jon Gerster, 719 North Wallace Avenue, said the northeast corner of town is a mixed use/historic neighborhood; and they would like to identify themselves as such. This is an attempt to simplify and clarify the future of the northeast neighborhood and how to deal with that future. Commissioner Kirchhoff asked Mr. Gerster what he perceived as the role of the neighborhood. Mr..Gerster replied they are organized and are conducting a general surveying of the neighborhood now. They need direction from City staff as to how much information, and what type of information, they need to gather. Chandler Dayton, 716 East Peach Street, said there are a number of different interests, including preserving property values for both industrial and residential properties. Both groups want to see protection for their properties. This will entail lots of work and persuasive discussions. 03-19-2OO 1 -5- Mayor Youngman suggested this effort could be the pilot project for the mediated land use grant awarded to the Community Mediation Center. Ms. Dayton agreed, saying the polarization now is such that the neighborhood will not be able to handle this without mediation services. Assistant City Manager Brey added the HMU district pulls back the regulations and allows the people of the neighborhood to write their own standards, while giving the City the role of checking the final standards product. He, too, believes land-use mediation services would be perfect for this effort. The Commissioners concurred, and it was unanimously agreed to contact the Community Mediation Center to provide mediation services for the northeast neighborhood. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Copy of an article entitled The Anti-'Sprawl' Crusade Is Inflating Housing Prices, as submitted by Andy Jackson, Presidential Construction. (2) League of (3) Copy of an update on the legislative session, dated March 12, from the Montana Cities and Towns. Copy of the Spring SesSion 2001 class schedule for Career Transitions. (4) 2001. Draft minutes for the Senior Citizens' Advisory Board meeting held on January 26, (5) Minutes for the Gallatin Local Water Quality District meetings held on December 7, 2000, January 4, 2001 and February 1, 2001. (6) Agenda for the School Board meeting to be held at 7:00 p.m. on Monday, March 19, at the Willson School. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 20, at the Professional Building. (8) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, March 20, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 20, at the Courthouse. (10) Agenda for the Cemetery Board meeting to be held at 1:00 p.m. on Tuesday, March 27, in the Commission Room. (11) March 29. Agenda for the Montana Transportation Commission meeting to be held in Helena on During his FYI, City Manager Johnson presented the following: 1) He did not testify on HB 124. 2) The local option tax bill is now written and has been assigned a Bill number. 3) He will be in Helena twice this week. Staff Attorney Day-Moore stated, during FYI, that she has spoken to Project Engineer Koltz regarding the fireline contracts, and he reports the non-compliant basements are at 100 percent participation. Of the 35 contracts, 25 have been signed and returned. There is only one party with a compliant basement interested, and one owner wishes to install two firelines. Currently their basement is non-compliant, so they will receive City assistance for one fireline, which will then put them into the compliant group; and compliant basements are not guaranteed assistance. 03-19-2001 -6- Mayor Youngman offered the following FYI item: 1) The Interneighborhood Council meeting will be held Tuesday evening. Commissioner Brown agreed to represent the Commission at that meeting. Public hearing - Conditional Use Permit and Certificate of Appropriateness for removal of existino _~araee, construction of a new 26-fo0t by 38-f0ot garage/office/accessory dwelling attached to main ,residence through breezeway and patio addition, and significant modifications and addition to existin~o residence on Lots 21-24, Block 10, Butte Addition; with deviations from Section 18.16.050, 18.50.060.C., 18.50.050.G., and 18.50.110, Bozeman Municipal Code, to allow proposed garaee/office/accessory dwelling unit to encroach 14 feet into required 20-foot rear yard setback, additions to encroach 11 inches into required 15-foot corner side yard setback, new unit to occupy more than 25 percent of required 20-foot rear yard setback, and allow reduction of on-site parking spaces from four to two - Thomas Bitnar for Brent and Lindsey Wilson, 1002 South Grand Avenue (Z-01008) This was the time and place set for the public hearing on the Conditional Use Permit and Certificate of Appropriateness requested by Thomas Bitnar for Brent and Lindsey Wilson, under Application No. Z-01008, for removal of existing garage, construction of a new 26-foot by 38-foot garage/office/accessory dwelling attached to main residence through breezeway and patio addition, and significant modifications and addition to existing residence on Lots 21 through 24, Block 10, Butte Addition; with deviations from Section 18.16.050, 18.50.060.C., 18.50.050.G., and 18.50.110 of the Bozeman Municipal Code, to allow the proposed garage/office/accessory dwelling unit to encroach 14 feet into required 20-foot rear yard setback, additions to encroach 11 inches into required 15-foot corner side yard setback, new unit to occupy more than 25 percent of required 20- foot rear yard setback, and allow reduction of on-site parking spaces from four to two spaces. Mayor Youngman opened the public hearing. Since there were no Commissioner objections, the public hearing was then closed. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the public hearing be continued to April 2 to give the Design Review Board an opportunity to review this 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 - Variance from Section 18.30.050, Bozeman Municipal Code, to allow relocation of curbin~ to allow drive access to encroach 5 feet into required 8-foot side yard setback on Lots 8 and 9, Block 1, North 7th Addition - Springer Group Architects for James Miller & Associates (Big 0 Tires, 620 North 7th Avenue) (C-0101) This was the time and place set for the public hearing on the variance, as requested by Springer Group Architects for James Miller & Associates under Application No. C-0101, from Section 18.30.050 of the Bozeman Municipal Code, to allow relocation of curbing to allow the drive access to encroach 5 feet into the required 8-foot side yard setback on Lots 8 and 9, Block 1, North 7th Addition. The subject property is more commonly located at 620 North 7th Avenue and houses Big 0 Tires. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report, noting both Planning staff and the Development Review Committee found the application, with the granting of the variance, would be in compliance with the Bozeman Zoning Ordinance and the Bozeman Area Master Plan Update. No conditions were placed on this variance request. Commissioner Frost asked if just a small portion of the landscaping would be lost. Ms. Caroline replied some small shrubs and a small portion of the lawn. There was no public testimony received. 03-19-2001 -7- Since there were on Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated he will support this application since it meets all the criteria established for the granting of variances. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Zoning Variance Application C-0101, to allow parking lot curbing to encroach 5 feet into the required 8-foot sideyard setback on Lots 8 and 9, Block 1, North 7th Addition, 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. Public hearinq - Preliminary plat for Northern Rockies Subdivision Planned Unit Development - C&H Engineering and Surveying for Campbell/Lusin, LLC - to subdivide 7.7 acres described as Tract C, COS No. 1177C, into a seven-lot planned unit development (southeast corner of Hiqhland Boulevard and Ellis Street) (P-0047) This was the time and place set for the public hearing on the preliminary plat for the Northern Rockies Subdivision Planned Unit Development, as requested by C&H Engineering and Surveying for Campbell/Lusin, L.L.C., under Application No. P-0047, to subdivide 7.7 acres described as Tract C, Certificate of Survey No. 1177C, into a seven-lot planned unit development. The subject property is located at the southeast corner of the intersection of Highland Boulevard and Ellis Street. Mayor Youngman opened the public hearing. Assistant Planner Morris presented the staff report. She noted this application would allow the .relaxation of the subdivision regulations to allow the construction of a non-standard private street and to allow the secondary access on Ellis Street from Haggerty Lane to remain unpaved until further development. Upon review, the Development Review Committee found the application is in general compliance with the established criteria and made its recommendation for conditional approval. Planning Board recommended approval with the conditions listed, including clarification of the southbound left-hand turning lane from Highland Boulevard onto Ellis Street. Ms. Morris called attention to the changes made to the wording of conditions 6, 9, and 17, as outlined in her staff report dated March 19, 2001. Bayliss Ward, Bayliss Architects, was present to answer questions. Commissioner Kirchhoff asked what has been done to accommodate Planning Board's comments on parking. Mr. Ward responded it had been suggested to allow on-street parking, which would require a variance; but that is not practical, nor their intent, for medical offices. Their parking estimates are not on the conservative side because they don't want to be short on available parking spaces, and they have looked at the parking requirements of other medical offices. Mr. Ward noted a natural berm is provided by the topography of the land, and they are trying to work with that topography to provide an attractive site. Mark Chandler, C & H Engineering and Surveying, Inc., said the applicants would like a timeframe for the payback for the installation of the 10-inch water main. Planning Director Epple answered the City Standard is 10 years. City Manager Johnson added there is no guarantee of a payback. If no one else comes onto the system in 10 years, there will be no payback. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the preliminary plat for the Northern Rockies Subdivision Planned Unit Development, as requested by C&H Engineering and Surveying for Campbell/Lusin, L.L.C., under Application No. P-0047, to subdivide 7.7 acres described as Tract C, Certificate of Survey No. 1177C, into a seven-lot planned unit development be approved, subject to the folloWing conditions: As recommended by the State Historical Preservation Office (SHPO), a professional cultural resource inventory of the site shall be conducted by a 03-19-2001 -8- qualified archeologist. The results of said survey must be provided to the Planning Department prior to the submittal of any infrastructure plans and spe~cifications. The final plat and the bylaws shall contain a note stating that the streets within the subdivision are private and the lot owners are responsible for all maintenance, upkeep, and repair. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department. (~orrections and/or explanations shall be provided for the following sections of text within the Architectural Guidelines: a) the architectural guidelines refer to lot coverage not exceeding 60% and the site plan clearly depicts the building envelope of each site exceeding 60%, page 17; b) the architectural guidelines shall note that all signs are subject to the Bozeman zone code, page 17; c) total signage permitted per building and the maximum size of each sign shall be in compliance with Section 16.65 of the City of Bozeman zone code, page 18; and d) the only uses identified 'under the PUD have been general offices, medical offices, and daycare'facilities; any other uses shall be identified prior to final plat approval (page 25 addresses overnight parking for residential uses). The City of Bozeman shall be third party to any changes or modifications made to the restrictive covenants and architectural guidelines as they relate to any zoning and/or planning bylaws. The covenants shall be recorded with the final plat which specifically includes the provisions from Section 16.34.030, as well as provisions for property owner's association maintenance, upkeep and repair of all applicable open space, landscaping within the required yard setbacks, interior street lighting, park areas, park area landscaping, pedestrian facilities, snow removal and storm water facilities. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3%-inch floppy disk; and five (5) paper prints. The developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for fina! plat approval. At the end of this period the governing body may, at the written request of the subdivider, extend its approval for no more than one (1) calendar year, as outlined in Section 16.10.050.J of the Subdivision Regulations. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of .the cost of the remaining improvements. 03-19-2001 -9- 10. 11. 12. 13. The plans and specifications for the project infrastructure must be adequately dimensioned and clearly indicate the extent of all improvements proposed for each phase. The plans must clearly show the location of and distinction between existing and proposed sewer/water mains and easements, as well as nearby and proposed fire hydrants. All infrastructure improvements required for the development including water and sewer main extensions, public streets, curb and gutter, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval. No building permits within any phase of development will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements for that phase. All submittals must be adequately dimensioned. A legend of all pertinent line types and symbols used shall also be provided. 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 (SlDs) for the following: Signalization improvements to the intersection of Ellis Street and Highland Boulevard. b. Highland Boulevard improvements. c. A city-wide Parks Maintenance District. 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 Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location(s) and show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel(s). The plan shall include sufficient site grading and elevation information (particularly for the basin site(s), drainage ways, and finished lot grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the park 'or open space. Stormwater ponds for runoff from subdivision improvements (i.e., public or private streets, common open space, parks, etc.) shall not be located on easements upon privately owned lots, unless approved by the governing body under the project review and approval process. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention/detention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 03-19-2001 -10- 14. 15. 16. 17. 18. 19. 20. The following specific items should be taken into account in development of a stormwater master plan: A significant grade differential should be avoided between the proposed structures, stormwater retention/detention ponds, and sidewalk adjacent to Ellis Street. If retention facilities.are not a viable option, detention facilities should be considered as an alternative. Ellis Street gutter capacities and ultimate stormwater drainage destinations should be included in development of the mas. ter plan. Stormwater drainage facility locations should be coordinated with landscape planning so that trees and shrubs which do not proliferate in standing water are located outside of designated retention ponds. To avoid future street cuts, a 12-inch diameter (minimum) RCP stub shall be provided across Ellis Street (approximately Station 3 +00) from the proposed catch basin inlet for connection to a future catch basin inlet. Stormwater retention and detention improvements shall be included on the landscaping plan. . Easements for the water, storm sewer, and 'sanitary sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center 'of the easement. In no case shall the utility be less than 10 feet from edge of easement. Based on the City of Bozeman Water Facilities Master Plan, proposed water line extensions along Ellis Street shall be a minimum diameter of 10-inch. PropOsed water line extensions within the development shall be a minimum diameter of 8-inch. The developer's engineer shall be required to prepare a comprehensive design report addressing existing capacity of sewer and water utilities and the demands of the prol~osed development. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for development, the report ~nust identify necessary water system and/or sewer system improvements required for full development. Capacity limitations exist in sewer mains downstream from the proposed development. The design report must specifically address the hydraulic capacity of the existing downstream City sewer mains with respect to the anticipated loading from the proposed development. Plans and specifications for the sewer and water main extensions, prepared by a professional engineer (PE) licensed in the State of Montana, shall be provided to and approved by the City Engineer. Sewer and water main plans shall also be approved by the Montana Department of Environmental Quality (MDEQ). The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans, specifications, and shop drawings have been approved by the City and a pre-construction conference has been conducted. 03-1 9-2001 -11 - 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 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. Plans and specifications for any required fire service lines must be prepared in accordance with.the City's Fire Service Line Policy by a 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. Prior to issuance of building permits for each lot, Pretreatment Program Sanitary Sewer Surveys shall be submitted to the Engineering Department; and, if required under the CitY's Pretreatment Program, the developer shall install individual sewer service sampling manholes. Plans and specifications for the Ellis Street improvements, prepared by a professional engineer licensed in the State of Montana, shall be provided to and approved by the City Engineer. The developer will be required to dedicate to the City of Bozeman one-half of a 60-foot right-of-way (30-feet) for Ellis Street. At a minimum, Ellis Street shall be designed to a full local street standard and constructed to a 32-feet width with curb, gutter, and sidewalk on the south side extending from the intersection with Highland Boulevard to the east property line of the proposed development. The drive approaches shall be constructed in accordance with the City's standard non-residential driveWay approach (City of Bozeman Standard Drawing No. 02529-11). The developer's engineer shall submit plans and specifications to the City Engineering office outlining the improvements necessary on Highland Boulevard to accommodate southbound left-hand turning movements from Highland Boulevard onto Ellis Street. The design shall account for existing improvements and right-of-way and meet the minimum American Association of State Highway and Transportation Officials (AASHTO) geometric design requirements. The plans and specifications will be subject to review and approval by the City Engineering office, and they must be approved prior to construction of the im'provements. The required improvements shall be completed or financially guaranteed prior to final plat approval. No building permits will be issued prior to City of Bozeman acceptance' of said infrastructure improvements. Stop signs shall be provided at the intersections of the private drives with Ellis Street. The Montana Department of Fish, Wildlife and Parks, Soil Conservation Service, MDEQ, 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 by the applicant and copies provided to the City Engineering Department prior to approval of the related plans and specifications or construction of the intended work. Street lights shall be provided along Ellis Street and shall comply with the City of Rozeman zone code. 03-19-2001 -12- The motion carried by the following Aye and No vote: those voting Aye being COmmissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No, none. Public hearing - Conditional Use Permit for Northern Rockies Planned Unit Development - C&H Engineering and Survevina for Campbell/Lusin, LLC - allow a seven-lot office/medical office complex on approximately 7.7 acres described as Tract C, COS No. 1177C, with relaxation of code requirements to allow primary building to exceed 60 percent lot coverage, reduce yard setbacks for each buildin.cl, and allow roofs to exceed height limitations (southeast corner of Highland Boulevard and Ellis Street) (Z-00171) This was the time and place set for the public hearing on the Conditional Use Permit requested by C&H Engineering and Surveying for Campbell/Lusin, L.L.C., under Application No. Z-00171, to allow a seven-lot office/medical office complex on approximately 7.7 acres described as Tract C, Certificate of Survey No. 1177C, with relaxation of code requirements to allow primary building to exceed 60 percent lot coverage, reduced yard setbacks for each building, and allow roofs to exceed height limitations. The subject property is located at the southeast corner of the intersection of Highland Boulevard and Ellis Street. Mayor Youngman opened the public hearing. Assistant Planner Morris presented the staff report, calling attention to her March 19th memo, adding conditions 9 through 11, which are standard boilerplate conditions. Bayliss Ward, Bayliss Architects, asked if the infrastructure is not currently in place, can the applicant get a building permit before the infrastructure is accepted by the City Of Bozeman? Planning Director Epple responded they would need to request a variance from the subdivision regulations. Mr. Ward then stated the buildings will all be main structures, and they would like to have some design flexibility but are limited by the roof pitch requirements. Ms. Morris replied that has been addressed by revising condition 5. Commissioner Frost questioned the' screening of the parking and the proposed light fixtures. Mr. Ward assured him they will be addressed and will be acceptable. Dr. John Campbell, co-owner, stated all scenarios are for maximum square footage; there could be smaller buildings built. They just want to work collaboratively with the City first, then they will work from that point forward on this project. Since there were on Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, SecOnded by Commissioner Smiley, that the Conditional Use Permit requested by C&H Engineering and Surveying for Campbell/Lusin, L.L.C., under Application No. Z-00171, to allow a seven-lot office/medical office complex on approximately 7.7 acres described as Tract C, Certificate of'Survey No. 1'177C, with relaxation of code requirements to allow primary building to exceed 60 percent lot coverage, reduced yard setbacks for each building, and allow roofs to exceed height limitations, be approved, subject to the following conditions: The subdivision shall provide "people spaces" within the designated common open space with features such as a clock tower and/or picnic pavilion. These features shall be identified on the final plan to be submitted and approved by the Planning Department. 2. Only one Iow-profile sign per ingress/egress shall be permitted for the complex. The applicant shall provide a bound copy of the architectural guidelines with a table of contents that identifies each chapter and page numbers. The modified guidelines shall be submitted to the Planning Department for review and approval prior to PUD final plan approval. 03-19-2001 13- o o 10. 11. 12. 13. The architectural guidelines and the final site plan shall contain a typical light detail and specifications outlining the style of light, the height, the type and wattage of the bulb and a polar distribution chart for the parking, pedestrian circulation area and wall mounted light fixtures. The roof pitch of any building within the PUD shall maintain a roof pitch no less than 6:12 for principal buildings and 4:12 for accessory buildings or other alternatives that are appropriate to the area, subject to review and approval by the Planning Department. No trash enclosures are permitted in front of parking stalls. Furthermore, the location and size shall be approved by the City's Sanitation Foreman (Department) and Pl~inning Department prior to final site plan approval. If a private garbage service will be utilized instead of City garbage service, a copy of the proposed final site plan showing the location for the enclosure shall be submitted to the private company for their review and approval. Any phasing, proposed by the developer, shall be depicted on the final site plan. The amount of stormwater detention/retention ponds within the required front yard setback shall be limited to not more than one-third of the lineal frontage of the subdivision and shall not exceed a depth of 1-1/2 feet and a slope of 1:4. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of 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 installed at the time of' occupancy. Said method of security shall be valid for a period of not less than 12 months; however, all on-site improvements shall be completed by the applicant within 9 months of Planning Department approval. 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 6 months of the date of approval. Per Section 18.65.070.B "Business and Office Zones (B-l, R-O)," the maximum allowable total signage for a lot shall not exceed thirty-two (32) square feet in the R-O district and shall have a minimum setback of 5 feet from the right-of- way line. Wall signs in the R-O district are not to exceed a total signage allowance of half of a square foot per linear foot of building frontage minus any area devoted to freestanding and/or projecting signs. Additional landscaping shall be provided within the rear setback of the complex in order to provide screening for the future residential development to the south, per Section 18.49.060.B.3 "Additional Screening Requirements." O3-1 9-2001 -14- 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. Adjournment - 8:23 om There being no further business to come before the Commission at this time, it was moved by Commissioner'Smiley, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission MARCIA B. YOUN~~N, Mayor PREPARED BY: KAMEN L. DeLATH~R ~ Deputy Clerk of the Commission 03-19-2001