HomeMy WebLinkAbout2001-03-05 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 5, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, March 5, 2001, at 3:00 p.m. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City
Manager Johnson, Staff Attorney Cooper and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that Commission Resolution No. 3429 be removed from the
Consent Items for discussion.
Minutes - January 18, January 24, January 31, February 7. 2000, and January 30, February 20 and
February 26, 2001
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meetings of February 20 and February 26, 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, January 24,
January 31, February 7, 2000, and January 30, 2001, to a later date.
Application for Kennel License - Nancy L. DeVore, 1015 South 4th Avenue - for Calendar Year 2001
Included in the Commissioners' packets were a copy of the application for kennel license and
the recommendation from Animal Control Officer Connie Lien.
Animal Control Officer Lien noted that the applicant has three cats, who are up to date on their
vaccinations, and she has received no complaints from the area. She concluded by forwarding her
recommendation for approval.
No one was present to provide comment on this application.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
approve the application for Kennel License for Calendar Year 2001, as submitted by Nancy L. DeVore,
1015 South 4th Avenue. 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.
Application for Kennel License o Joyce M. Anderson, 102 Teton - for Calendar Year 2001
Included in the Commissioners' packets were a copy of the application for kennel license and
the recommendation from Animal Control Officer Connie Lien.
Animal Control Officer Lien stated this application is for three cats and one dog, all of which
are up to date on their vaccinations. She noted the applicant does not have a fenced yard, which is
generally required for a kennel license; however, in this instance, the applicant walks all of her animals
on leashes, including the cats. She has received no complaints from the area and forwarded her
recommendation for approval.
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No one was present to provide comment on this application.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchl~off, that the
Commission approve the application for Kennel License for Calendar Year 2001, as submitted by
Joyce M. Anderson, 102 Teton Avenue. 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.
Review second draft of City Commission budget goals
Included in the Commissioners' packets was a revised draft of the budgetary responses to the
City Commission's goals for Fiscal Year 2001-2002.
City Manager Johnson stated he has revised the responses and submitted them for a second
review.
Mayor Youngman proposed some revisions, suggesting that the references of "neighborhood
councils" be changed to "neighborhood groups" in the two goals pertaining to neighborhood councils
and that a reference to the "lnterNeighborhood Council" be added at the end of the first sentence
under commitment to build and maintain neighborhood councils. She also suggested that the goal
on community outreach be revised by changing the reference to "... prohibits a charter from being
written .... "to "... prohibits a charter from being adopted by voters ..." Also, under that goal, the
reference to "bi-annual" should be changed to "biennial".
Mayor Youngman then proposed a revision in the manner in which the goals are listed, since
they are not in priority order, so that like subjects are together. Her proposed revisions include leaving
the current level operations in the first position, to be followed by the goal pertaining to the library,
the goal pertaining to the downtown area, and then the two goals pertaining to neighborhood groups.
She also proposed that, since there are no budgetary implications involved in the goal regarding
Sourdough Creek, it be moved to the bottom of the list. She concluded by requesting that the goals
be revised to reflect parallel construction, so that they create the proper appearance when published
as a short list.
The Commissioners concurred with the revisions proposed by the Mayor.
Commissioner Brown suggested that the last sentence in the first paragraph of the budgetary
response to the first goal be amended to state that maintaining current level operations usually
consumes "most" of the growth, rather than the "entire" growth, since a few additional FTEs are
anticipated in the upcoming budget; the Commissioners concurred with that proposed revision.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Commission accept the City Commission budget goals and budgetary responses, including the
suggested revisions. 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.
Discussion re draft Memorandum of Understanding - Bozeman Public Library Construction Project -
between City of Bozeman and Library Board of Trustees
Included in the Commissioners' packets was a copy of the draft Memorandum of
Understanding for the Bozeman Public Library Construction Project, as forwarded by the Library Board
of Trustees.
City Manager Johnson asked for Commission comment on the draft Memorandum of
Understanding, noting that the City Attorney's office has not yet had an opportunity to review the
document and provide comments.
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Staff Attorney Tim Cooper requested that the Commissioners forward any comments and
concerns they may have about the provisions of this agreement, so he can take them into
consideration when reviewing the document. He asked that the Commission not vote on the
agreement at this time, but refer it back to staff, noting it essentially puts into writing what is
provided under State statute.
City Manager Johnson stated it is his understanding that the Library Board of Trustees is
willing to do the work to get the project done and voiced his appreciation for that approach; however,
he questioned whether the Commission is ready to delegate some of responsibilities identified in this
document, including sale'of the current library, as identified under Section II.C. He also cautioned that
the Commission may decide the existing Library should be retained for other City operations.
The Commissioners identified other sections which pertain to the same issue, including
Sections III.B. and IIl. C.
Responding to Commissioner Brown, Staff Attorney Cooper confirmed that the Library Board
of Trustees is one of the few administrative boards in the City and, as such, it has significantly more
discretion and authority than advisory boards.
Commissioner Frost stated that an agreement similar to this one is needed with the County,
since half of the population that uses the library is from outside city limits. He noted that when the
existing library was constructed, the County did not participate in the capital costs.
City Manager Johnson suggested that Section III.C. be clarified; Commissioner Smiley
concurred, stating she feels the property should be City property, not library property.
Mayor Youngman noted that last year's CIP panel unanimously recommended that the County
be asked to participate in the capital costs of a new facility.
Mayor Youngman stated that portions of the CMC property are currently used for Lindley Park
and the parking lot and a portion of the trail for Burke Park/Peet's Hill; and a provision should be
included in this .agreement that recognizes those portions of the property will be designated as
parkland.
Director of Libraries Alice Meister stated that 40 percent of the cardholders are from the
county; and the County contributes 33 percent of the operations funding. She noted that the County
is maxed out on their five-mill levy, so no additional monies are available from that source, except
possibly through capital contributions.
Mr. Ron Farmer, Chair of the Library Board of Trustees, stated that, with the Memorandum of
Understanding, they are trying to plan' how a new facility can be constructed. He noted that the
general obligation bond issue is to be for $4 million; the overall costs of the project are estimated at
$10 to $12 million; and the fundraising experts have indicated they can anticipate raising $4 to $5
million through their fund drives. As a result, they are looking at other sources of'funding; and sale
of the current library building and associated furniture and equipment has been identified as one of
those possible sources.
Ms. Holly Brown, member of the Library Board of Trustees, stated she drafted this document
as a starting point, and noted she anticipates any decisions, including what is to be done with the
balance of the CMC property, will be subject to Commission approval. She forwarded her suggestion
that the Board serve as the gathering point of ideas, processing that information and forwarding it and
a recommendation to the Commission for review and approval.
Ms. Brown then responded to some of the Commissioners' comments regarding the draft
Memorandum, confirming that Sections II.C. and II.L. should be combined. She indicated that the
document can be revised to provide all items are subject to Commission approval. She also indicated
a willingness to make a similar presentation to the County if requested to do so. She noted the key
issue .is what happens to the proceeds from the current facility and whether the library will receive
credit if the City retains possession of it.
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Responding to comments from Commissioner Kirchhoff, Staff Attorney Cooper stated that,
if the Library had constructed the building with its own monies, it could sell it and keep the proceeds.
He noted, however, the existing building was constructed with general obligation bond monies and
belongs to the City. And, since the title holder is the City, the Board's powers do not extend to
selling the existing facility; and this Memorandum of Understanding can be viewed as the Board's
request for additional authority.
Responding to Director Meister, the Staff Attorney stated it is his understanding the existing
library is not held by the Library for the City; rather, it's held by the City for the Library and, as such,
Section 22-1-309, Montana Code Annotated, does not apply.
Mayor Youngman noted that ownership is one issue; fairness is another issue that needs to
be considered, particularly since the Library did not benefit from any of the proceeds from sale of the
Carnegie Building. She recognized that several different components enter into this issue, including
commitment of most of the City's bonding capacity to this project.
During continued discussion of the various aspects of the agreement, additional items identified
for modification included Sections II.H., III.B., III.C., IV.D., and IV.G. The Commissioners agreed that
a provision needs to be added regarding parkland designation for those portions of the CMC site
currently being used for that purpose.
Commissioner Kirchhoff voiced his hesitation to commit all of the City's funding to the Library
project, in light 'of other needy City projects. Several of the other Commissioners voiced similar
hesitations.
Director Meister stated she is getting pressure from donors who had contributed to the existing
library, wanting assurances that those donations will. be credited toward the new library.
Mayor Youngman stated she envisions that not all of the CMC site will be needed for the new
library, and that a portion of it can be used for other purposes, such as affordable housing or other
City facilities. As such, she stated she cannot support the Library acquiring that parcel and then
having the right to sell a portion of it and keep the monies.
Ms. Brown responded by noting that if bond proceeds are used to acquire the property and
a portion of it is subsequently sold, those monies need to be credited back against the proceeds.
Staff Attorney Cooper stated that, from the discussions he has heard, it appears the issues
are mostly potential legal issues; and that there is a need for gathering more information on the
existing facility.
Mr. Ron Farmer questioned the equitability of the City retaining a building constructed with
general obligation bond proceeds for library purposes without some kind of compensation.
Commissioner Smiley indicated her willingness to give further consideration to this issue, but
stressed the importance of remembering that the Library is part of the City.
In response to Director Meister's indication that the preliminary appraisal of the existing
building seems to be slightly over $1 million, Commissioner Brown voiced concern it appears the
building has depreciated in value. He stated that, from a business standpoint, the City should not
bear all of the loss from that depreciation; it must be equitably spread.
Commissioner Frost requested that the information gathered for further consideration include
an identification of how much of the monies contributed toward the existing library project came from
outside city limits.
The Commissioners concluded by thanking the Library Board and Director for participating in
this discussion, and requested that staff bring back additional information and their comments on the
various issues and questions that have been raised.
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Commission Resolution No. 3429 - submitting the question of issuing general obli.qation bonds in the
amount of $4 million for a new public library to a vote of the people
Included in the Commissioners' Packets was. a draft copy of Commission Resolution No. 3429,
entitled:
COMMISSION RESOLUTION NO. 3429
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA,
THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS IN THE AMOUNT OF
FOUR MILLION AND NO/100 DOLLARS {$4,000,000) FOR THE PURPOSE OF
ACQUIRING LAND FOR AND DESIGNING, CONSTRUCTING AND EQUIPPING EITHER
A NEW PUBLIC LIBRARY OR DESIGNING, CONSTRUCTING AND EQUIPPING AN
EXPANSION OF THE EXISTING LIBRARY, AND PAYING COSTS ASSOCIATED WITH
THE SALE AND ISSUANCE OF THE BONDS.
staff Attorney Cooper stated that staff has been working with bond counsel in Missoula and,
in light of comments from staff, she has raised some concerns about the manner in which one section
of the resolution is written. Rather than trying to rewrite that section in a hurry this afternoon, staff
has requested this item be removed from this agenda and placed on a future agenda for action. He
noted that the resolution needs to be adoPted by April 19 to meet the June 28 election date, so
passage at this time is not critical. He then asked that the Library Board provide an accurate updated
estimate of cost for inclusion in the resolution.
The Commissioners concurred with 'delaying action on this resolution and asked that it be
placed back on the agenda as soon as possible.
Consent Items
City .Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3427 - Changing the time of regular Commission meetings
to 6:00 p.m., effective March 12, 2001
COMMISSION RESOLUTION NO. 3427
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CHANGING THE TIME OF THE REGULAR MEETINGS OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN.
Commission Resolution No. 3428 - amending the Commission's rules of procedure
COMMISSION RESOLUTION NO. 3428
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION
BUSINESS.'
Approval of final plat for Fer.quson Meadows Subdivision (to divide 37.796 acres
described as a tract in COS No. 1610, located in the NE~ Section 10, T2S,
RSE, MPM, into 106 Single-family residential lots and 1 multi-family residential
lot) (east of Ferauson Avenue, between West Babcock Street and Durston
Road) (P-0004)
Authorize Mayor to sign - Quit Claim Deed to Jay C. Lyndes - a tract of land located
within the SW~4,Section 8; T2S, R6E, MPM (Life of Montana buildin(~, 601
Hae~ertv Lane)
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uthorize Mayor to sign - Quit Claim Deed to Reach, Inc. - Lots 21 and 22, Block E,
Beall's Second Addition (434 North Tracy Avenue) (to remove previously
attached restrictions)
Authorize City Manac~er to sign - Infectious Waste Disposal Agreement with Sure-Way
Systems, Inc.
Authorize City Manager to si.qn Amendme.nt No. I to ProfesSional ServiCes
Agreement for sewer collection system improvements - Entranco, Inc.
Acknowledge receipt of petition for creation of a residential parkinq district near
Bozeman High School; refer to staff
Award bid for One current year model hydraulic sewer jet cleaner for the SeWer
Department - Utility Specialties Inc., Butte, Montana - in the bid amounts of
$~.~.,756.00 for Schedule I and $53,455.00 for Schedule I!
Award bid for one TV van and chassis with conversion 12-foot box for the Sewer
Department ~ Cues, Orlando, Florida - in the base bid amount of $90,950.00
plus Option I (-$600.00) and Option 2 {$3,500.00)
Request to use 192 hours of unused annual leave for Calendar Year 2000 during
Calendar Year 2001 - Clerk of Commission Sullivan
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.
Discussion .- FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1) Letter of resignation from the Bozeman Area Bicycle Advisory Board dated February 22,
submitted by Alex Phillips.
(2) Letter from Ralph Olsen, 1605 West Kagy Boulevard, to the County Commissioners,
dated February 16, expressing concern about the speed limit on Kagy.
(3) Legislative bulletin from the Montana League of Cities and Towns recapping the first
half of the legislative session.
(4) Memo from the County Planning Office inviting the Commissioners to participate in their
open houses scheduled for March 5, 6 and 7.
(5) Information packet on the "Earth Day Everyday" poster contest being sponsored by the
Headwaters Cooperative Recycling and Holnam Trident Cement Plant.
(6) Minutes from the Board of Health meeting held on January 25, 2001.
(7) Minutes from the 9-1-1 Administrative Board meeting held on December 27, 2000.
(8) · Minutes from the Bozeman Area Bicycle Advisory Board meetings held on January 17
and February 21, 2001.
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(9) Agenda for the School Board meeting to be held at 7:00 p.m. on Monday, March 5,
at the High School.
(10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March
6, at the Courthouse.
(11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, March 6, at the Professional Building.
(12) City Manager JohnSon stated that he attended a Tech Ranch meeting on Thursday
evening, characterizing it as very interesting. He noted that some of the functions of attracting high
tech businesses to the area are being transferred from the Gallatin Development Corporation to the
Tech Ranch.
(13) City Manager Johnson stated he will be attending the Legislature on Thursday as well
as a Cities meeting to formulate a position on HB124, the "Big Bill". He asked for Commission input
on this issue, noting that after reviewing the bill and talking to business individuals, he shares some
of their concerns that a 1-percent local option tax within Bozeman's city limits could result in driving
consumers into the county or other communities to make purchases, particularly where big ticket
items, like cars, are involved. He suggested a preferable alternative may be a county-wide local option
tax with provisions that the revenues generated within an incorporated community would remain with
that governing entity. He characterized as less preferable an option for a regional tax, with 25-percent
of the taxes generated in Bozeman being distributed to the small communities across the region.
Mayor Youngman voiced her support for the City Manager's prioritizing of these options,
noting that if regional distribution seems to be the only viable alternative, it is preferable to no local
option tax.
Responding to Commissioner Frost, City Manager Johnson stated that this bill has had some
modifications, and he is not certain how much flexibility it currently contains for local governments
to exempt items from the local option tax or decrease the percentage of tax in certain instances.
Mayor Youngman indicated that she does not want to compete with schools for funding.
(14) Commissioner Frost stated that he attended a meeting on Friday at which the plans
developed by the CDC for the CMC property were displayed. He noted that, with a single-story library
building and the required number of parking spaces provided, there is little land remaining for other
uses; so the determination was made that a multi-level facility is needed. He then forwarded his
position that the CMC property should be purchased by the City, with a specific portion of the land
being designated for the Library.
Commissioner Kirchhoff stated he envisions "playing monopoly" with various City buildings,
with the City retaining the existing library and possibly acquiring the East Willson School and land for
affordable housing.
(15) Commissioner Frost announced that the City Planning Board finished the rough draft
of the Bozeman 2020 growth plan at last week's meeting. He indicated that the format of the
document is to be revised so the goals, objectives and policies are included in the same section, after
which the draft will be available for review.
(16) Commissioner Brown stated he plans to attend the County Planning forum tomorrow
night and asked if any other Commissioners plan to attend. Mayor Youngman, Commissioner Frost
and Commissioner Kirchhoff all indicated their intentions to attend one of the forums. The
Commissioners identified when they plan to attend, to ensure that a majority of the Commissioners
is not present at any given time.
(17) Commissioner Kirchhoff announced that Dan Glenn's architectural students have
completed a scale model of the downtown core that is now on display at MSU. He suggested that
this model could be used when considering proposals for development in the downtown area, noting
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that it could help people visualize what impacts a proposal might have on the area and not just a
specific site.
(18) Commissioner Smiley noted that a group of students are doing a survey in the
downtown area, to find out how people feel about parking, if the area is too dark and if there are too
many trees. She asked that the Commissioners receive a copy of the results.
(19) Commissioner Kirchhoff stated it was his impression that the Commissioners were
working with different information or a different understanding of the choices available when they
made their decision on the "B-2" zoning request for the Cape-France property last week. As a result,
he suggested the Commission may wish to reconsider that action.
Mayor Youngman suggested the question is an even larger one-zoning requests for those
parcels where the current master plan and the 2020 growth plan show different uses; and the critical
issue is how to systematically deal with those requests.
As the result of discussion, the Commissioners confirmed their previous positions and decided
not to place this item on the agenda for reconsideration; however, they recognized the importance
of all Commissioners having the same information, in a timely manner, upon which to base their
decisions.
Recess - 5:25 p.m.
Mayor Youngman declared a recess at 5:25 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearing - Preliminary plat for two-lot minor - Richard Smith for Ray Sperry - subdivide a .48-acre
parcel described as Lot 50, Bridger Creek Subdivision, Phase I, into two lots (2411 Par Court) (P-102)
This was the time and place set for the public hearing on the preliminary plat for a two-lot
minor, as requested by Richard Smith for Ray Sperry under Application No. P-102, to subdivide a .48-
acre parcel described as Lot 50, Bridger Creek Subdivision, Phase I, into two lots. The subject
property is more commonly known as 2411 Par Court.
Mayor Youngman opened the public hearing.
Assistant Planner Jeff Monroe presented the staff report. He stated the subject parcel is to
be divided into two quarter-acre lots. He noted a duplex exists on the southern half of the present
lot, and a single-family residence is proposed for the northern half of the lot.
The Assistant Planner stated that staff has reviewed this application in light of the criteria set
forth in State statutes, and their comprehensive findings are contained in the written staff report. He
noted that the City Planning Board conducted its review of this application at its February 21 meeting
and, following that review, concurred in staff's recommendation for approval, subject to six
conditions. He stated that the Bridger Creek Golf Course Homeowners' Association has indicated
support for the proposed division of this lot.
No one was present to speak in support of or in opposition to the requested preliminary plat.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
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It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the preliminary
plat for a two-lot minor, as requested by Richard Smith for Ray Sperry under Application No. P-102,
to subdivide a .48-acre parcel described as Lot 50, Bridger Creek Subdivision, Phase I, into two lots
be approved, subject to the following conditions:
The final plat for this subdivision must include language which clearly states the
following: Building permits for Lot 50B will not be issued until the subdivision
infrastructure, including new water and sewer lines, are brought to the new lot
after the sevemyear street cut moratorium is expired on August 1, 2002.
Sidewalks are to be repaired or installed as necessary along both Lots 50A and
50B and accepted by the City prior to building completion;
That the final plat shall comply with Section 16.10.070 of the Bozeman Area
Subdivision Regulations, and shall include all appropriate documents,
certificates, and be accompanied by all appropriate documents, including
Platting Certificate. Four mylar, or two mylar and two clothback copies; and
five paper copies, of the final plat must be submitted for final plat approval,
along with two digital copies of the final plat, on a double sided, high-density
3 ~-inch floppy disk;
.,
That the applicant obtain a Montana Department of Health and Environmental
Sciences approval letter of the subdivision prior to final plat approval pursuant
to Section 16.16.101 through 16.16.805. A.R.M.;
Utility easements, a minimum of twelve (12) feet wide, situated along the front
(along streetside) property lines for both lots, shall be depicted on the final plat
for review and approval by the Planning Office prior to final plat approval. Also
include joint driveway easements;
That 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
final plat approval for the two-lot minor subdivision; and
That the applicant submits with the application for final plat review of the two-
lot minor subdivision a written narrative stating how each of the above
conditions of preliminary plat approval have been satisfactorily addressed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those
voting No, none.
Public hearing - Preliminary plat for two-lot minor - Richard Smith for John Hulme - subdivide a .48-
acre parcel described as Lot 51, Brid.qer Creek Subdivision, Phase I, into two lots (2417 Par Court)
(P-103)
This was the time and place set for the public hearing on the preliminary plat for a two-lot
minor, as requested by Richard Smith for John Hulme under Application No. P-103, to subdivide a
.48-acre parcel described as Lot 51, Bridger Creek Subdivision, Phase I, into two lots. The subject
property is more commonly known as 2417 Par Court.
Mayor Youngman opened the public hearing.
Assistant Planner Jeff Monroe presented the staff report, noting this application involves the
lot adjacent to the lot which was the subject of the previous public hearing, with the same type of
split proposed. He noted that, in ttiis instance, there is a single-family residence on the northern half
of the existing lot; and the. applicant proposes to construct another single-family residence on the
southern half of the lot.
03-05-2001
The AsSistant Planner stated that staff has reviewed this application in light of the criteria set
forth in State statutes, and their comprehensive findings are contained in the written staff report. He
noted that the City Planning Board conducted its review of this application at its February 21 meeting
and, following' that review, concurred in staff's recommendation for approval, subject to six
conditions. He stated that the Bridger Creek Golf Course Homeowners' Association has indicated
support the application.
No one present to speak in support of Or in opposition to the preliminary plat.
Since there were no Commissioner'objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
preliminary plat for a two-lot minor, as'requested by Richard Smith for John Hulme under Application
No. P-103, to subdivide a .48-acre parcel described as Lot 51, Bridger Creek Subdivision, Phase I, into
two lots be approved, subject to the following conditions:
The final plat for thissubdivision must include language which clearly states the
following: Building permits for Lot 51A will not be issued until the subdivision
infrastructure, including new water and sewer lines, are brought to the new lot
after the seven-year street cut moratorium is expired on August 1, 2002.
Sidewalks are to be repaired or installed as necessary along both Lots 51A and
51B and accepted by the City prior to building completion;
That the final plat shall comply with Section 16.10.070 of the Bozeman Area
Subdivision Regulations, and shall include all appropriate documents,
certificates, and be accompanied by all appropriate documents, including
Platting Certificate. Four mylar,' or two mylar and two clothback copies; and
five paper copies, of the final, plat must be submitted for final plat approval,
along with two digital copies of the final plat, on a double sided, high-density
3 K-inch floppy disk;
o
That the applicant obtain a Montana Department of Health and Environmental
Sciences approval letter of the subdivision prior to final plat approval pursuant
to Section 16.16.101 through 16.16.805. A.R.M.;
o
Utility easements, a minimum of twelve (12) feet wide, situated along the front
(easement along streetside) property lines for both lots, shall be depicted on the
final plat for review and approval by the Planning Office prior to final plat
approval. Also include joint driveway easements;
Tha't 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
final plat approval for the two-lot minor subdivision; and
That the applicant submits with the application for final plat review of the two-
lot minor subdivision a written narrative stating how each of the above
conditions of preliminary plat approval have been satisfactorily addressed.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those
vOting No, none.
Public hearing - Conditional Use Permit - Fellowship Baptist Church - allow a 2,522-square-foot
addition on existing church located on Lots 1 and 2, Block 13, Annie Subdivision (northeast corner
of intersection of North 22nd Avenue and Durston Road) (Z-00172)
This was the time and place set for the public hearing on the Conditional Use Permit requested
by Fellowship Baptist Church, under Application No. Z-00172, to allow the construction of a 2,522-
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square-foot addition on the existing church on Lots 1 and 2, Block 13, Annie Subdivision. The subject
property is more commonly located at the northeast corner of the intersection of North 22nd Avenue
and Durston Road.
Mayor Youngman opened the public hearing.
Assistant Planner Karin Caroline presented the staff report. She stated that, under this
application, a 2,522-square-foot addition is to be constructed on the east end of the existing church;
and that addition will house a new assembly area, nursery and classrooms. She indicated that, in
conjunction with this expansion, additional parking spaces are to be provided, with some of those
spaces being provided through a shared access and shared parking agreement with the Cape-France
property to the north of the subject site.'
The Assistant Planner stated that staff has reviewed this application in light of the criteria
contained in the zone code, and staff's comprehensive findings are included in the written staff report.
She concluded by forwarding staff's recommendation for approval, subject to twenty conditions.
The applicant indicated a willingness to respond to questions.
No one was present to speak in opposition to the requested Conditional Use Permit.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Conditional Use Permit requested by Fellowship Baptist Church, under Application No. Z-00172, to
allow the construction of a 2,522-square-foot addition on the existing church on Lots 1 and 2, Block
13, Annie Subdivision, be approved, subject to the following conditions:
Per 'Section 18.50.035.A., 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.
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.
Light standards and fixtures shall be compatible with the site design and
architecture. Lighting details and specifications must be shown on final site plan
and be reviewed and approved by the Planning Office. All lighting must be in
compliance with current zoning ordinances. If existing lighting does not meet
current code requirements, the lighting must be changed or altered to comply.
These details must be shown-on the final site plan as well.
Per Section 18.50.035.D., trash enclosures shall be constructed so that contents
are not visible from a height of five (5) feet above grade from any abutting street
or property. Details and specifications of existing and proposed enclosures shall
be shown on final site plan.
For the City of Bozeman garbage, collection service, the trash enclosure .location
and size shall be approved by the City Sanitation Division prior to final site plan
approval. For private garbage collection service, a copy of the proposed final site
plan showing the enclosure location and size shall be submitted to the private
company for their review and approval. A copy of the proposed final site plan
which has been approved and signed by a representative of the private company
shall be submitted with the final site plan application.
03-05-2001
-12-
10.
11.
12.
13.
14.
Per Section 18.50.035. R., applicant shall provide adequate bicycle parking
facilities to accommodate bicycle-riding residents and/or employees and
customers. The location and details shall be shown on the final site plan. Bicycle
parking facilities shall be in conformance with standards recommended by the
Bozeman Area Bicycle Advisory Board.
Per Section 18.50.110, applicant shall provide the required parking spaces, 11
spaces for the 2,522 square foot addition. If the applicant proposes to share
parking with Cape-France Enterprises office buildings to the north, a shared
access/parking agreement shall be filed with County Clerk and Recorder's Office.
A copy of this agreement shall be submitted to the Planning Office with final site
plan submittal.
Landscaping must comply with the mandatory landscaping requirements of
Sections 18.49.060 and 18.49.070 unless a deviation is requested and granted.
The number of landscaping points for this project is 23 since the property is
zoned R-O and has residential adjacency.
Final landscape plans shall be prepared and certified by a registered Montana
landscape architect, an individual with a degree in landscape design and 2 years
of professional design experience, or an individual with a degree in a related field
and at least 5 years of professional design experience.
All plans shall depict existing and proposed landscaping.
Permanent irrigation systems shall be provided to all landscaped areas per
Section 18.49.060 (I). Irrigation systems shall be indicated on the final site plan.
Applicant shall install boulevard trees along Durston Road at one tree per fifty
(50) linear feet of street frontage. The trees shall be installed within the property
line and extend to the edge of the proposed addition, approximately 120 linear
feet of street frontage.
The domestic water service will require back-flow protection installed. The type
of device will be determined by the degree of risk. Please contact the
Water/Sewer Department regarding this installation.
The final improvement drawing shall be adequately dimensioned. A legend of
all pertinent line types used shall also be provided. Existing streets and names
shall be shown on the final site plan.
All existing utility and other easements must be shown on the final site plan.
Drainage directions shall be included on the final site plan demonstrating
adequate drainage from site improvements to existing or proposed on-site
landscape areas and indicating the ultimate off-site discharge location. Run-off
from all site improvements shall be directed to on-site landscape areas to remove
solids, silt, oils, grease and other pollutants, and provide retention and/or
detention prior to off-site discharge.
Existing sewer and water mains shall be clearly identified as existing. All fire
hydrants within 500 feet shall be clearly depicted.
City standard sidewalk shall be installed and properly depicted at the standard
location (i.e., 1 foot off property line) along the street frontage for Durston Road.
Any deviation to the standard alignment or location must be approved by the
City Engineer.
03-05-2001
-13-
15.
If any portion of the subject property is along Charlotte Street, the applicant shall
install a City standard sidewalk along Charlotte Street to align with proposed
sidewalk from the adjacent Cape-France office building. All plans and
specifications shall be reviewed and approved by the City Engineering
Department.
16.
Concrete curbing shall be provided around all parking areas and driveways, and
adequately identified onthe final site plan. In addition, the appropriate concrete
curb and gutter details (standard, inverted, drop, etc.) and typical asphalt paving
section detail shall be provided to and approved by the City Engineer.
17.
The Montana Department of Fish, Wildlife and Parks, SCS, 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
prior to final site plan approval.'
18.
The applicant must submit an accurately dimensioned final site plan (with a
legend of line types and a north arrow) within six (6) months of preliminary
approval, as well as a written narrative indicating how all conditions of approval
have been met. The final site plan must be approved prior to issuance of any
building permits. Per Section 18.62.090, "Building Permits and Installation of
Improvements", an Improvements Agreement must be signed by the applicant/
owner prior to final site plan approval. If occupancy of the building is to occur
prior to completion of all required improvements, the Improvements Agreement
must be financially guaranteed.
19.
The right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit
procedure.
20.
All of the special conditions shall constitute restrictions running with the land
use, .shall apply and be adhered to by the owner of the land, successors or
assigns, shall be binding upon the oWner of the land, his successors or assigns,
shall be consented to in writing, and shall be recorded as such with the Gallatin
County Clerk and Recorder's Office by the property.
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 - Major Site Plan and certificate of Appropriateness - Dave Cecich - allow construction
of 37,368 square feet of retail/office and residential space on the east 22 feet of Lot 5 and all of Lots
6-12, Block A, Rouse's Addition (Jacob's CrossinQ. 440 East Main Street) {Z-00174)
This was the time and place set for the public hearing on the Major Site Plan and Certificate
of Appropriateness requested by Dave Cecich, under Application No. Z-00174, to allow for
construction of 37,368 square feet of retail/office and residential space on the east 22 feet of Lot 5
and all of Lots 6 through 12, Block A, Rouse's Addition. The subject project is known as Jacob's
Crossing and is located at 440 East Main Street.
Mayor Youngman opened the Public hearing.
Assistant Planner Karin Caroline presented the staff report. She stated that under this
application, a building containing sPace for retail, office and residential uses is to be constructed
immediately east of the Blackwood Building, in the location formerly occupied by the Gallatin
Apartments. She noted that the Planning staff, Administrative Design Review staff, Development
Review Committee, DeSign Review Board and Historic Preservation Officer have reviewed this
application in light of the criteria set forth in the zone code, and their comprehensive findings are
03-05-2001
-14-
contained in the written staff report. She noted that, as the result of an informal meeting between
the applicant's representatives and various staff members after the meetings with the various advisory
boards, Condition Nos. 45, 46 and 47 were added to the list of conditions to be considered by the
Commission.
Responding to Commissioner Frost, Assistant Planner Caroline confirmed that Nos. 45, 46 and
47 have been written as conditions, although they were initially forwarded as suggestions to be
considered by the applicant. She indicated that the Design Review Board liked the plans as submitted;
these recommendations have been forwarded by staff.
Responding to Commissioner Brown, the Assistant Planner stated that access to the subject
site will be via a shared access with the Blackwood Building from East Main Street and via the
alleyway. She stated that one of the conditions for approval of this application is to obtain easements
and improve the alleyway to a 22-foot width for two-way traffic. She noted that a one-way alley was
discussed; however, the Engineering Department voiced concern that this could result in circulation
problems where one-way and two-way traffic patterns intersect. She stated that the Montana
Department of Transportation has not requested that left turns be precluded from this site onto Main
Street.
Mr. Cliff Chisholm, architect representing the applicant, noted that he has submitted a letter
dated February 28 responding to a number of issues and recommended conditions for approval. He
then requested that Condition Nos. 45, 46 and 47, as recommended by staff, not be included as
conditions, but that they be viewed simply as recommendations to be incorporated if possible.
Mr. Chisholm stated that, at the time the shared drive access for the Blackwood Building and
this subject parcel was created, both parcels were in the same ownership. He stated that the
easement for that shared access still exists, and he has provided a copy of the document to staff.
However, all traffic entering the parking lot for the Jacob's Crossing building must do so from the
alley. He raised a question about the parking requirements for the site, noting the City is in the
process of amending those requirements. As a result, and since there will be no parking impacts until
the building is completed, he asked that the cash-in-lieu payment be required at occupancy rather than
at the time the building permit is drawn.
Mr. Chisholm stated that landscaping along Main Street was an issue during early reviews, so
the landscaping plans have been revised to replace the eleven smaller trees along that frontage with
seven large canopy trees. He concluded by asking that Condition No. 44, which is a boilerplate
condition, be revised to not require the various state and federal agencies to respond to a plan for a
flat lot that has no potential for drainage issues.
Responding to Commissioner Brown, Mr. Doug Mackaman, contractor for the project, stated
that, typically on a flat lot, no water flows onto or off the lot, so a silt dam is not needed. He
indicated that the entire lot will be fenced off, and steps will be taken to keep moisture from going
into the ground during construction.
Mr. Chisholm noted that any water leaving the site will go into the City's stormwater system
or sewer system and, if the Engineering Department identifies any concerns about controlling that run-
off during construction, they will be addressed.
Responding to Commissioner Kirchhoff, Mr. Chisholm indicated that the windows may have
a slight tint, but will not be reflective, despite the appearance of the computer rendering in the packet.
He then addressed the last three conditions listed, indicating that the suggestion to make the color
of the Dry-Vit compatible with the stone accents is a good one, and he is willing to look at adding
some subtle patterns or shading in the Dry-Vit on the third floor. He described split faced stone
banding as a broken synthetic stone, cautioning that using this material to band the columns could
create some technical difficulties, but he is willing to consider it.
Commissioner Frost recognized the reasons behind the three conditions proposed by staff, but
indicated he trusts the architectural firm's integrity to implement those suggestions which will make
a better project.
03-05-2001
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Responding to concerns raised by Staff Attorney Cooper, Planning Director Andy Epple
cautioned that the code requires cash-in-lieu of parking spaces be paid prior to issuance of a building
permit. He noted that staff has determined a separate variance is required if the applicant wants relief
from the parking requirements contained in the zone code. He noted staff has also indicated that, if
the parking requirements are reduced within the next year, as considered last year, they would
entertain a reduction in the number of parking spaces required and an attendant refund. He concluded
by cautioning that the current code does not allow for deferring the initial payment for parking spaces.
Staff Attorney Cooper suggested that the Finance Department might be willing to accept
something other than cash that could be easily converted to cash if the parking requirements are not
revised prior to completion of the building.
Revisions to Condition Nos. 9, 10 and 11, as recommended, were identified, to allow for a
financial guarantee of the fee and to recognize that some changes may occur in the square footage
open to the public prior to final occupancy, which will require recalculation of the parking spaces
required, as well as the potential for an adjustment to the number of parking spaces required under
the zone code.
Responding to Mayor Youngman, Assistant Planner Caroline stated that Condition No. 44 is
a boilerplate condition, and it is desirable to have a letter from the various agencies in the file
indicating no problems have been identified. She then cited several recent projects constructed on
flat lots for which this condition was imposed, noting that the agencies have simply written brief
letters of response.
The Commissioners concurred that Condition Nos. 45 through 47 should be revised to reflect
that they are simply suggestions to be considered by the applicant.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Major Site
Plan and Certificate of Appropriateness requested by Dave Cecich, under Application No. Z-00174,
to allow for construction of 37,368 square feet of retail/office and residential space on the east 22
feet of Lot 5 and all of Lots 6 through 12, Block A, Rouse's Addition, be approved, subject to the
following conditions:
Per Section 18.50.035.A., pedestrian lighting along Main Street shall incorporate
within'the light fixture itself, a shield to direct light in a downward direction.
Details and specifications, including bulb size and type, shall be reviewed and
approved by the Planning Office prior to final site plan approval.
Any lighting, including that for security purposes, used to illuminate an off-street
parking area, sign or other structure, shall be arranged so as to deflect light
down and/or away from any adjoining properties and shall not detract from driver
visibility on adjacent streets. Luminaires and lenses shall not protrude below the
edge of the light fixture. Final site plan shall include the location for, and a detail
of, any proposed wall mounted and/or signage lighting.
Lighting standards used to illuminate off-street parking areas shall not exceed
twenty feet or the height of the tallest building on the lot, whichever is lower.
Applicant shall provide a point-by-point plot of footcandles, on 8¼-inch by
1linch paper or a polar distribution graph to show accurately the light
distribution in the parking area. This information shall be reviewed and approved
by the Planning Department prior to final site plan approval. The information will
enable the proper lighting to be installed and no overlighting of the parking area
with residential adjacency.
o
Per Section 18.50.035.D., for the City of Bozeman garbage collection service,
the trash enclosure location and size shall be approved by the. City Sanitation
03-05-2001
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10.
11.
Division prior to final site plan approval. For private garbage collection service,
a copy of the proposed final site plan showing the enclosure location and size
shall be submitted to the private company for their review and approval. A copy
of the proposed final site plan which has been approved and signed by a
representative of the private company shall be submitted with the final site plan
application.
Per Section 18.50.080.A., 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. Plans appear to have one tree
located in street vision triangle.
Preliminary site plan indicates a boulevard tree within the street vision triangle.
This tree shall be moved outside of the street vision triangle and appropriate
location shown on the final site plan.
Per Section 18.50.100.C., alleyways shall be posted properly with "No Parking -
Fire Lane Tow Away Zone" signs.
Plans show a 21-foot-8-inch two-way drive aisle. Zoning regulations require
minimum of 24 feet. Drive aisle dimension shall be corrected and shown on the
final site plan.
Per Section 18.50.110, all parking lots and facilities shall be subject to current
Uniform Building Code guidelines for accessibility and shall contain a minimum
number of disabled spaces as follows:
36 parking spaces are proposed. In addition, 2 disabled spaces
shall be provided, one of which will be van accessible. Details and
specifications shall be shown on final site plan. A cash-in-lieu fee,
or other financial security deemed acceptable by the City's Finance
Department and Planning Department, in the amount of $5,000
per space, for the additional 30 required spaces shall be paid by
the applicant prior to final site plan submittal.
All accessible parking spaces shall be designated as reserved for the disabled by
a sign showing the symbol of accessibility at each space. Such signs shall not
be obscured by a vehicle parked in a space. Raised signs shall be located at a
distance no greater than five feet from the front of each accessible space and
shall be subject to review and approval by the Planning Department.
The configuration of the off-street parking shall be adequately dimensioned on
the final site plan and shall comply with the requirements of Section 18.50.120
of the zone code unless a deviation or variance is granted by the governing
body. This includes parking stall dimensions, drive aisle widths, lot surfacing,
and curbing.
Regarding parking calculations, applicant shall abide by the current B-3 parking
fee and square footage calculations at time of final site plan submittal. If the
code provisions regarding parking requirements are amended prior to occupancy
of the structure, the parking requirements for this building shall be recalculated,
and excess fees previously collected for additional parking spaces will be
refunded or adjusted accordingly. The applicant may provide a financial
guarantee as part of the Improvements Agreement, subject to review and
approval by the City's Finance Department Planning Department.
Given that the tenants for the proposed building have yet to be determined, prior
to final occupancy, parking calculations shall be reviewed, recalculated if
03-05-2001
17-
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
necessary, and appropriate fees collected or refunded or the financial guarantee
adjusted, if necessary.
Per Section 18.49.010 through 110, 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.
Location of all proposed boulevard trees must be reviewed and approved by the
Planning Office, Montana Department of Transportation, and other appropriate
agencies to ensure that vision is not impaired or street signs are not blocked.
Boulevard trees shall be a minimum of two species of trees and the trees
appropriately staked. The Forestry Division shall be contacted for their assistance
in determining appropriate species of trees most suitable for a north-facing street
shaded by a three-story building and proper spacing of trees along East Main
Street.
Applicant shall install 4-foot tree grates along Main Street to match the existing
ones. Applicant shall install trees and tree grates according to standard already
in place in front of Blackwood Building and further along East Main Street.
Permanent irrigation systems shall be provided to all landscaped areas. Details
and specifications shall be noted on final landscape plans.
All landscape plans shall meet the requirements of the Landscape Performance
Standards. Thirteen landscaping points are required for this project and have
been met on submitted landscaping plans.
The 4-inch fire line must have an engineered plan and profile provided to the City
for review and approval.
The 4-inch fire service line must be installed by the owner.
As noted on C1.0, the City Water Department will install the 1 ~-inch domestic
water service to the property line. The owner is responsible for installation from
the property line to the building per City of Bozeman standard.
The City Water Department will disconnect the existing water services at the 6-
inch main in Main Street at the owner's expense. This shall include the 1-inch
service for 440 East Main Street and the 3A-inch service for 424 East Main
Street.
The existing sanitary sewer services must be cut and capped within 5 feet of the
property line.
As noted on C1.0, the City Sewer Department will install the 6-inch sewer from
the main in Main Street to the property line at the owner's expense.
Water and sewer application and fees must be filed and paid at the Building
Department prior to commencement of work.
General No. 10 should be modified'to read 6-inch as indicated on plan view.
The final improvement drawing shall be adequately dimensioned. A legend of
all pertinent line types used shall also be provided.
All existing utility and other easements must be shown on the final site plan.
03-05-2001
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28.
29.
30.
31.
32.
33.
34.
A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a
system designed to remove solids, silt, oils, grease, and other pollutants must
be provided to and approved by the City Engineer. The overall plan must
demonstrate adequate site drainage (including sufficient spot elevations),
stormwater retention basin and drywell details (including basin and drywell sizing
and discharge calculations, pond typical sections, and drywell, inlet structure,
and discharge structure details), stormwater discharge destination, and a
stormwater maintenance plan.
The Stormwater Drainage/Treatment Grading Plan and Maintenance Plan should
be coordinated with landscape planning so that trees and shrubs which do not
proliferate in standing water are located outside of designated stormwater
retention ponds.
Use of drywe!ls should be limited to detention of stormwater run'off associated
only with roof drains. Design calculations for the proposed drywells shall be
provided to and approved by the City Engineer.
Plans and Specifications for any required 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.
Existing sewer and water mains shall be clearly identified as existing. All fire
hydrants within 500 feet shall be clearly depicted.
Sewer and water services shall be approved by the Water/Sewer Superintendent.
City of Bozeman applications for service shall be completed by the applicant.
Occupancy and Street Cut Permits must be obtained from the Montana
Department of Transportation '(MDT) for location of water and sewer services
within the State's right-of-way.
The City will require that the applicant either:
a)
Secure required easements and provide a 22-foot wide, paved,
unrestricted two-way' drive 'access between Rouse Avenue and'
Church Avenue, or
b).
Conduct a Traffic Impact AnalYsis prepared by a Professional Civil
Engineer registered in the State of Montana, qualified in the area
of traffic engineering which must be submitted to and approved by
the City Engineer.
The analysis shall evaluate proposed traffic circulation associated with the
currently available alley access including one-way designation alternatives where
less than a 22-foot-wide easement would be provided, trip distribution, existing
and projected traffic volumes on perimeter streets, and level of service (LOS)
evaluations at the ir~tersections of Rouse Avenue and East Main Street and
Church Avenue and East Main Street. The report shall also include evaluations
of LOS and .recommendations for any necessary off-site roadway improvements.
Streets and'intersection LOS "C" shall be the design and operational objective,
and under no conditions will less than LOS "D" be accepted. The Traffic Impact
Analysis shall be approved prior to final site plan approval. Design and
construction of any recommended improvements shall be financially guaranteed
prior to occupancy pursuant to Section 18.62.090 of the City of Bozeman zone
code.
03-05-2001
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35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
and with the
45.
46.
The existing Main Street drive approaches shall be abandoned and replaced with
curb and gutter and sidewalk. Required permitting and approval shall be
obtained from MDT prior to abandonment and subsequent construction.
Concrete curbing shall be provided around the entire new parking lot perimeter
and adequately identified on the plans. In addition, the appropriate concrete
curb and gutter details (standard, inverted, drop, etc.) and typical asphalt paving
section detail shall be proVided to and approved by the City Engineer.
All existing and proposed locations and/or relocations of utility poles, power
lines, and utility boxes must be shown on final site plan.
Applicant proposes installing street lighting approximately 40 feet apart.
Applicant shall contact Stahly & Associates to determine and confirm appropriate
spacing and location in relation to back of curb per the scheduled and approved
Downtown Improvement plans.
Color and material palette, including brick type, must be submitted to the
Planning Office for review and approval prior to any approval of final site plan or
issuance of building permits.
Within the parking area, there shall be reserved spaces for each residential unit
at one space per unit and appropriately designated as such. Details and
specifications for location of spaces and signage shall be shown on the final site
plan.
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.
Final site plan shall show the shared access easement between adjoining
properties, 402 East Main Street (existing Blackwood Building) and 424 East
Main Street (proposed project). A copy of this easement shall be included with
final site plan submittal.
Any proposed signs must follow City of Bozeman required sign permitting
procedures including a Certificate of Appropriateness application.
The Montana Department of Fish, Wildlife and Parks, SCS, 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
prior to final site plan approval.
applicant strongly considering the following suggestions:
In the interest of better relating the proposed building to its historic environs to
the west, that the proposed brick have a general historic character and
appearance. Samples are to be provided to the Department of Planning and
Community Development for administrative review and comment with the final
site plan.
In the interest of better visually integrating the proposed third floor DryVit
addition to the rest of the proposed building, the applicant shall consider:
Color of the proposed DryVit material that relates to the proposed
sandstone synthetic banding and/or the olive colored metal
storefront framing.
03-05-2001
- 20 o
Adding some design elements to provide further detail and
character to the proposed third story addition.
The proposed DryVit color and added details shall be submitted to
the Department of Planning and Community Development for
administrative review and comment, prior to the approval of the
final site plan.
47.
In the interest of providing greater texture and visual compatibility with the
prevailing historic character of the neighboring Main Street Historic District, the
applicant shall consider:
ao
The building's proposed decorative synthetic stone banding be
split-faced and sandstone colored.
Serious consideration shall be given to the possibility of utilizing
decorative split-faced and sandstone-colored synthetic stone
instead of painted steel lintels.
The applicant shall consider enhancing the decorative "rooftop
cornice in an historically appropriate manner and give serious
consideration to the possibility of adding an historically appropriate
projecting storefront cornice as well.
The proposed main entrance awning/marquis should be made more
decorative and historic in appearance. Revised drawings shall
submitted to the Department of Planning and Community
Development for comment prior to the approval of the final site
plan.
If storefront level awnings are to be utilized, they should be
retractable, canvas, and of an historic appearance. Moreover, they
shall obscure as little of the proposed storefront as possible. If
necessary, revised drawings shall submitted to the Department of
Planning and Community Development for comment prior to the
approval of the final site plan.
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.
Adjournment - 7:50 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by CommisSioner Brown, that the meeting be adjourned. 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.
ATTEST:
MARCIA B. YOUN~MA"N, Mayor
ROBIN L. SULLIVAN
Clerk of the Commission
03-05-2001