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HomeMy WebLinkAbout2002-05-13 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 13, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 13, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper, Clerk of the Commission Robin Sullivan, and Deputy Clerk of the Commission Carolyn Wilmont. Work session with County Commission re solid waste refuse district The Commission met with County Commissioners Bill Murdock and John Vincent and County Grants Administrator Larry Watson to discuss a proposed solid waste refuse district and the City's participation in this district. City staff members present included Director of Public Service Debbie Arkell, Street/Sanitation Superintendent Roger Sicz and Project Engineer Karen Finke. Dean Ulrich and Harry Kirschenbaum from BFI Waste Service were also present Mayor Kirchhoff noted that the City has not committed to joining the solid waste district due to unanswered questions and lack of a contract to review. Commissioner Hietala stated that there are a number of options to be considered and noted that the City may have another year before implementing a decision, allowing time to explore the feasibility of options based on good cost information. Mr. Larry Watson, County Grants Administrator, indicated that last November the County Commissioners stated their intent to form a county-wide solid waste refuse district and sent letters to all the municipalities inviting them to join. Manhattan and Three Forks responded affirmatively; however, they are still waiting for a decision from Belgrade and Bozeman. He further stated that he, County Fiscal Officer Ed Blackman and Deputy County Attorney Chris Gray have been charged with assisting in the formation of the district, seating a board of directors and then working with that board to develop bylaws and operations plans. He noted that following today's meeting and pending correspondence from Belgrade, the County is ready to proceed. County Commissioner John Vincent asked what specific information the City needs and what the time frame is for a decision. He then asked whether the City has a viable alternative for a transfer station and the Logan landfill, and whether the Helena or Missoula landfills are being considered. County Commissioner Bill Murdock identified some of the issues to be discussed, including structure of the refuse district; who will own and operate the landfill; and who will do the hauling. He indicated they have tentatively agreed that either the County or the refuse district will own the landfill, and that the current hauling arrangement will continue. He stressed that the course taken should be a good business decision and in the best interests of both the City and the County. City Manager Johnson emphasized that County residents as a whole, rather than any government entity, should be in control of the district since the residents have to live with the fees and long-term effects of the solid waste program. He proposed appointing a board to develop an operations plan to be approved by the County Commission. He then questioned how the City would get out of the district should the board develop a plan that does not meet the City's needs or desires. Grants Administrator Watson briefly reviewed the process for creating the district; the initial step being a mail-out ballot to property owners to determine whether they desire to participate. A majority positive response would be followed by nominations to the County Commission for board memberships. In response 05-13-2002 -2- to City Manager Johnson's question, he confirmed that another mail-out ballot would be required should the City decide to withdraw from the district. The Grants Administrator stressed that all participants in the district should be identified prior to the board being formed, thus giving outlying areas such as Big Sky, Gallatin Gateway and Springhill the opportunity to be represented. He then proposed that an ad hoc committee be formed to work through some of the issues prior to formation of the district; however, he noted that the committee would have no formal power. Commissioner Youngman voiced support for appointing an ad hoc committee to develop a rough operations plan for the district, including cost information, so people will be informed enough to vote when they receive the ballots. Responding to Director of Public Service Debbie Arkell, County Commissioner Murdock stated that the refuse district would be created in the same way as the Local Water Quality District; it is formed unless it is protested out by property owners through their ballots. Grants Administrator Watson identified two issues of concern for the County, the first being the 6.8- acre liner expansion at the Logan landfill. He noted that since the refuse district is not in place, the liner will be paid for by the County. Second, the operations contract for the landfill expires in July, and they must decide whether to extend the existing contract or issue a request for proposals for its operation. Responding to County Commissioner Murdock, City Manager Johnson stated that he would like the ad hoc committee to formulate operations goals in terms of promoting recycling and expanding the scope of services and to forward an indication of operational costs. He noted that those costs are an important issue, as is open competition for hauling, and that flow control is not as great an issue provided the price remains competitive. He indicated that he would like to review other proposals and compare costs. Commissioner Youngman stressed that composting facilities should be included in the district's operations plan. County Commissioner Murdock concurred, noting that in his mind composting is a given. Street/Sanitation Superintendent Roger Sicz emphasized that recycling facilities, including a baler for cardboard and plastic, should be a part of the plan in light of the 41-percent increase in materials dropped off for recycling over the past five years. He pointed out the difficulty of setting long-term goals due to increasing regulations and costs; and he questioned the fate of the newly expanded landfill at Logan should the district's board find another landfill tipping for substantially less. He stated that a proactive board is needed with members committed to attending the meetings and doing their homework. Mr. Dean Ulrich, BFI Waste Service, addressed the issue of composting versus keeping costs down. He noted that although composting saves landfill space, it also increases tipping costs. Mayor Kirchhoff stressed the importance of resolving the competing interests that result from the community's desires for recycling and composting versus the goal to keep costs in line. Grants Administrator Watson stated t hat h e would Iike t he committee t o d raft a business p lan; Commissioner Hietala concurred. County Commissioner Vincent stated that the idea for an ad hoc committee has merit and suggested setting a deadline for it to forward recommendations on membership guidelines and governance. He proposed that membership consist of an elected official from each city and one from each house district in the County; and since Park County has expressed interest, an elected official and a citizen representative from there. He indicated that both the City and the County will need to commit staff resources, and a consultant may be needed as well. Responding to Director of Public Service Arkell, County Commissioner Murdock stated that a smaller group than what Commissioner Vincent proposed might be more feasible and suggested that Park and Madison Counties not be included at this time. Following further discussion, it was determined that a nine member ad hoc committee would be appointed to formulate a business and operations plan, with recommendations to be forwarded by December 1. This committee will consist of two representatives from Bozeman; one from the County; one 05-13-2002 each from Belgrade, Manhattan and Three Forks; a representative from BFI Waste Service; and two citizens at large. City Manager Johnson and Grants Administrator Watson will prepare the committee's scope of work by noon on Thursday, with City appointments to be made on June 10 and County appointments on June 11. It was agreed that the City will supply engineering support, and the County will supply legal support. Recess - 4:58 p.m. Mayor Kirchhoff recessed the meeting at 4:58 p.m., to reconvene at 7:00 p.m. for the purpose of considering routine business items and conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18, 2000, and April 22 and May 6, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of May 6, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "National Public Works Week" - May 19-25, 2002 Proclamation - "Pet Care Week" - October 20-26, 2002 Authorize City Manager to si.qn - Professional Services Agreement with Morrison- Maierle, Inc. - for North Rouse Avenue trunk sewer main replacement project Authorize City Manager to sign - Release and Reconveyance of Easement - Gerald R. Williams - drainage easement for a stormwater detention pond across Lot 9, Block 8, Durston Meadows Subdivision, Phases 6 and 7 (between North 25th and North 27th Avenues, north of Goldenrod Lane) Authorize City Manager to sign - Household Hazardous Waste Agreement with Onyx Environmental Services, L.L.C. - for hazardous waste collection events to be held on May 31 and June 1, 2002 Building Inspection Division report for April 2002 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. 05-13-2002 Presentation of summary report on Madison Aquifer - Karin Kirk Assistant City Manager Ron Brey noted that Ms. Karin Kirk was contracted to do a study on the Madison Aquifer as a potential water supply for the City. He stated she has presented three quarterly progress reports to the Commission and will present the summary report today. Ms. Karin Kirk stated that the City's current water supply comes from Sourdough Creek and the Hyalite Reservoir, and options considered for an additional supply were a dam in Sourdough Canyon and a well into the Madison Aquifer. She noted that today's presentation focuses on conclusions of the Madison Aquifer study. Ms. Kirk indicated that geological features of the area were examined in conjunction with recharge and discharge of the aquifer. Information gleaned from the study determined that recharge occurs through stream loss from Sourdough Creek, the South Fork and Disappearing Stream as they flow across the porous rock formation known as the Madison Group; these sources replenish the aquifer with an estimated 2600 acre-feet annually. Several streams in the surrounding area were investigated as possible discharge sources; however, it was determined that Two Springs may be the only emission point in the study area. Analysis of the water temperature and chemistry, coupled with short response time between precipitation events and increased flow, indicate its source is most likely a shallow, locally saturated zone fed by surface water. Water quality testing indicated that it meets EPA standards for drinking water except for the presence of coliform bacteria, which is easily treated with chlorine. Ms. Kirk stated that the study was unable to confirm the presence or the elevation of a thick, regional saturated zone that would be targeted for a well, and a test well is the only way to determine whether such a zone exists. Ms. Kirk suggested that the test well could be located near the Mystic Lake cabin, a site accessible from an existing Forest Service road, and recommended drilling to the bottom of the aquifer to reach all water-bearing zones. In addition to determining the location and thickness of the aquifer, pumping from the well could gauge the effects on the flow of Two Springs and Sourdough Creek and provide an indication of water quality. She cautioned that in addition to being in the middle of nowhere, the proposed well site is below a large landslide, which could potentially shift and shear off the well. Since existing Mystic Lake Reservoir storage rights could not be exchanged for groundwater extraction rights, Ms. Kirk noted that a production well would require the City to file for a new water right. This would likely lead to objections from the more than 100 water rights holders on Sourdough Creek based on reduced flow of the Creek; therefore, measurements of the flow in conjunction with pumping from the test well could be 'invaluable should such conflicts arise. Ms. Kirk concluded by offering the following alternatives and recommendations: 1 ) Investigate the Madison aquifer potential in the Hyalite Creek drainage area. 2) Investigate the feasibility of piping streams across the Madison Group formation, thus preventing the annual loss of an estimated 2600 acre-feet of water. Piping Sourdough Creek alone could generate 1300 acre-feet, and water rights would not be an issue since stream losses are not allocated to another user. 3) Begin monitoring the discharge of Sourdough Creek. 4) Drill a test well near Mystic Lake. 5) Use the test well to monitor the effects of pumping on the flows of Two Springs and Sourdough Creek. Ms. Kirk thanked the City for funding the study and noted that this was a great example of cooperation between the community and the University. The Commission thanked Ms. Kirk for her work and the presentation and for valuable information gathered during the study. Application for street cut permit to allow cuffing of Spring Creek Drive for installation of water and sewer service lines for Lot 9, Block 1, Thompson's Third Addition - MaryAnn Duncan, 1918 Spring Creek Drive Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell, dated May 9, forwarding the request for a street cut permit for 1918 Spring Creek Drive. 05-13-2002 -5- Director of Public Service Arkell stated that this street cut is to install water and sewer service for a home to be constructed on a lot created through the realignment of common boundaries for a parcel fronting on Kagy Boulevard. She noted that water is available in Kagy Boulevard but sewer is not; therefore, providing City services through Kagy is not possible. She indicated that since Spring Creek Drive was milled and overlaid in the summer of 2000, it is subject to the seven-year street cut moratorium; however, staff has reviewed all other options to provide services and determined this to be the most feasible. In addition, staff recognized that this will create infill development, which the Commission has encouraged in the past. The Director of Public Service stated that if the request is granted, staff recommends a condition that will assess a non-refundable fee for future maintenance of the street cut, to be deposited into the street maintenance fund. The suggested fee is $1 per square foot of replaced asphalt and, in this instance, would amount to approximately $150. Mr. Dave Crawford, representing the applicant, clarified that they are not creating a new lot but are moving the lot line on an existing parcel. He noted that the undeveloped lot currently fronts on Kagy Boulevard, which has no sewer line and which is also an undesirable location for a driveway. The proposal would reconfigure the lots so they both front on Spring Creek Drive, providing better access to the lots and access to existing water and sewer lines. He stated that surveying is in progress for the realignment, and the applicant is agreeable to the street cut maintenance fee suggested by the City. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the street cut permit to allow cutting of Spring Creek Drive for installation of water and sewer service lines as requested by MaryAnn Duncan for 1918 Spring Creek Drive, subject to the following condition: 1. That, prior to issuance of a street cut permit, the applicant shall pay a one-time, non-refundable fee for future maintenance of the street cut, with that fee to be calculated at the rate of $1.00 per square foot of replaced asphalt and deposited in the Street Maintenance Fund. If the street cut is larger than originally estimated, the applicant shall pay the additional amount prior to the service being accepted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearing - Major Site Plan - Springer Group Architects for Donald E. Cape, Sr. - allow construction of eight _+3,200-square-foot, two-story duplexes on Parcel B, COS No. 2056 (2650 West Villard Street) (Z-02048) This was the time and place set for the public hearing on the Major Site Plan requested by Springer Group Architects for Donald E. Cape, Sr., under Application No. Z-02048, to allow the construction of eight +3,200-square-foot, two-story duplexes on Parcel B, Certificate of Survey No. 2056. The subject property is located at 2650 West Villard Street. Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris requesting that this public hearing be continued to May 28 to give staff adequate time to provide notice to previously missed adjoiners. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public hearing be continued to May 28, per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. 05-13-2002 -6- Continued public hearing - intent to annex 74.26+ acres in the N% and SE¼ of Section 24, T2S, R5E, MPM (west side of South Third Avenue, south of Allison Subdivision, Phase II, and north of Saca|awea Middle School) - Mahar Montana Homes, L.L.C., for Con and Daphne Gillam Revocable Trust (A-02001) This was the time and place set for the continued public hearing on the intent to annex 74.26+ acres located in the North one-half and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, as requested by Mahar Montana Homes, L.L.C. for the Con and Daphne Gillam Revocable Trust under Application No. A-02001, as established by Commission Resolution No. 3513, entitled: COMMISSION RESOLUTION NO. 3513 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Kirchhoff reopened the continued public hearing. Senior Planner Dave Skelton reviewed his memo of May 8, which was included in the Commissioners' packets. He stated that this hearing was previously continued several times to allow further discussion and resolution of issues related to the City's affordable housing policy and the mix of housing types and lot sizes as outlined in the Bozeman 2020 Community Plan. Staff, applicant and the neighbors concurred, through the course of several meetings, that a planned unit development would be the method to achieve these goals and policies. This PUD would cover at least 30 percent of the western portion of the property, generally west of the future extension of South 11 th Avenue and west of the final location and placement of the existing watercourse. He noted that although the applicant and the neighbors were somewhat uncomfortable with a PUD, they felt it was a better alternative than an additional zoning designation, which would require further public notices and hearings. The Senior Planner then noted that staff has modified terms of annexation Nos. 8 and 9 to reflect the parties' agreement, and these modifications should provide the compatibility and sense of predictability the neighbors desire. Senior Planner Skelton reviewed the revised No. 8 that requires an "Affordable Housing Plan" guaranteeing at least 8 to 12 percent of the total housing units in the subdivision to be managed and maintained as affordable for first-time homeowners, based on 80 percent of the median income for Gallatin County as established bythe Montana Board of Housing. He noted that the typical 15-percent affordable factor was adjusted downward in consideration of the smaller acreage of this property, thus allowing some flexibility for the developer and encouraging innovative design. These affordable units are to be a mix of single-family detached dwellings and two-household attached structures, or duplexes, with not less than 30 percent being duplexes. The Senior Planner then addressed the revisions to No. 9, noting that it requires an "Implementation Plan" to ensure the mix of housing types as outlined in the Bozeman 2020 Community Plan. This term defines the mix as single-family detached units and duplex structures under a planned unit development covering at least 30 percent of the west half of the property. In addition, the design for the development is to be compatible with the existing neighborhood; and as a result of the language in this term, homeowners in the area will be allowed input into the design of the subdivision. Senior Planner Skelton noted that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137 and forwarded staff's recommendation for approval subject to 11 terms being addressed, including revisions to terms 8 and 9 as outlined above. Commissioner Youngman questioned whether the 80-percent figure in No. 8 related to income or housing price. Following discussion, she noted that this should be clarified prior to bringing back the annexation agreement. 05-13-2002 7- Ms. Holly Brown, attorney representing the applicant, stated they are comfortable with the language in the revised terms of annexation. She pointed out that the 30-percent figure for land coverage of the PUD is a minimum, and it may end up being more than that depending upon the final design. She indicated that the PUD's exact location has not yet been determined; and this will allow some flexibility in meeting open space requirements, which has been a major concern. She thanked Senior Planner Skelton for his efforts in making this work and the neighbors for their participation in the process. Mr. Dave Jarrett, 3309 Sundance Drive, representing the Allison Subdivision Phase II Homeowners' Association, requested that he be included in future discussions. He commended the applicant for allowing surrounding property owners to have input into the design of this subdivision, noting they should have an opportunity to voice their concerns and opinions on issues that impact them. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission approve the request for annexation of 74.26+ acres located in the North one-half and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, as requested by Mahar Montana Homes, L.L.C. for the Con and Daphne Gillam Revocable Trust under Application No. A-02001, and that staff be directed to bring back an annexation agreement subject to the following terms being addressed prior to or in the annexation agreement: That the applicant execute at the Gallatin County Clerk and Recorder's office waivers of right-to-protest creation of S.I.D.'s for: Street improvements to include paving, curb and gutter, sidewalk, and stormwater drainage improvements and any associated traffic signals for: 1) South 11th Avenue, 2) Willow Way, 3) Cambridge Drive. Signalization improvements for the intersections of South Third Avenue with Goldenstein Lane and Graf Street. c. Trunk sewer or water main improvements to serve the property. The documents filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternative 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. That the applicant execute at the Gallatin County Clerk and Recorder's office a waiver of right-to-protest creation of S.I.D.'s for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. That the applicant provide and file with the Clerk and Recorder's office executed Public Street and Utility easements for: a) one-half right-of-way for Willow Way of 31 feet, b) one-half right-of-way for Cambridge Drive of 31 feet, and c) full right-of-way for South 11tn Avenue of 100 feet. That provisions for water rights or cash in lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the landowner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever occurs first, and prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 05-13-2002 -8- · The property owner should be advised that prior to development of the property, the future developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating existing capacity of water and sewer utilities, stormwater master plan and traffic impacts. That at the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. The Annexation Agreement should include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure Master Plan and all City policies and guidelines that may be in effect at the time of development. That the Annexation Agreement contains provisions for the developer to submit with the preliminary plat application, and/or prior to executing the Annexation Agreement, an "Affordable Housing Plan", subject to review and approval by the City Commission, that guarantees at least eight (8) to twelve (12) percent of the total number of housing units for said subdivision will be managed and maintained as affordable for first-time landowners using eighty (80) percent of the median income established by the Montana Board of Housing for Gallatin County, that contains a mix of affordable single-family detached housing units and attached two-household dwelling structures, and whereby not less than thirty (30) percent of the affordable housing units are attached two-household dwelling structures. That the Annexation Agreement contains provisions for the developer to submit with the preliminary plat application, and/or prior to executing the Annexation Agreement, an "Implementation Plan" that implements urban design guidelines outlined in the Bozeman 2020 Community Plan for a mix of residential housing types (i.e., single-family detached dwelling units and attached two-household structures) with a variety of sizes, styles, and lot sizes; and a design component that arranges the development of said lands so that the land use patterns will be integrated with the organizational scheme of the adjoining neighborhood(s). Said "Implementation Plan" will incorporate at least thirty (30) percent of the west half of the property to be developed as a zoning residential planned unit development that is generally defined as being that portion of the property situated generally west of the future extension of South 11th Avenue and west of the final location and placement of the existing watercourse(s). 10. An Annexation Map, titled "Mahar Annexation Map" with a legal description of the property, shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18-inch by 24-inch), as a reduced 8½-inch by 1 l-inch or 8½-inch by 14-inch exhibit for filing with the Annexation Agreement at the County Clerk and Recorder's office and in digital form for the City Engineer's office. This map must be acceptable to the Director of Public Service and City Engineer's office, and shall be submitted with the signed Annexation Agreement. 11. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body or annexation approval shall be null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. 05-13-2002 9- Commissioner Youngman suggested that for future discussions of this nature, the Land Use Facilitated Meeting Program might lead to more productive conversations and less burden for those involved in the process. Mayor Kirchhoff thanked all involved for their effort and cooperation and commended the developer for being so willing to work with the neighborhood. Continued public hearing - establish initial municipal zoning designation of "R-2A" on 74.26_+ acres in the N1/2 and SE¼ of Section 24, T2S, R5E, MPM (west side of South Third Avenue, south of Allison Subdivision, Phase II, and north of Saca|awea Middle School) - Mahar Montana Homes, L.L.C., for Con and Daphne Gillam Revocable Trust (Z-02008) This was the time and place set for the continued public hearing on the Zone Map Amendment requested by Mahar Montana Homes, L.L.C., for the Con and Daphne Gillam Revocable Trust under Application No. Z-02008, to establish an initial municipal zoning designation of "R-2A", Residential-- Single-household, Medium-density, on 74.26+ acres located in the North one-half and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is located along the west side of South Third Avenue, south of Allison Subdivision, Phase II, and north of Sacajawea Middle School. Mayor Kirchhoff reopened the continued public hearing. Senior Planner Dave Skelton reviewed his memo of May 8, which was included in the Commissioners' packets. He noted that in light of the controversy created by this development, the Zoning Commission was unable to provide a recommendation on the original application for "R-2A" zoning. He further noted that the applicant subsequently submitted a request for an "R-2" designation; and in conjunction with that, addressed concerns of the surrounding neighborhoods by placing restrictions to eliminate mobile homes and modular homes on permanent foundations. Senior Planner Skelton stated that staff has reviewed this revised application in light of criteria set forth in the zone code and forwarded a recommendation for approval of the zone map amendment with four contingencies. Responding to Commissioner Brown, the Senior Planner stated that Mr. Mahar's original application for "R-2A" zoning was well intended since it allows for a broader range of single-family housing types and smaller lot sizes, but it also allows mobile and modular homes on permanent foundations. In response to neighbors' concerns Mr. Mahar amended his application to "R-2," which restricts mobile homes but still allows modular homes; however, with the agreement referred to previously, both "R-2" and "R-2A" would have restrictions against mobile and modular homes. Ms. Holly Brown, attorney representing the applicant, reiterated that the original application was for "R-2A" zoning which would allow flexibility in lot sizes similar to the Harvest Creek development, with the smaller lots possibly located near the Sacajawea Middle School or along the creek corridor. She stressed that it was never Mr. Mahar's intent to allow mobile or modular homes; and the offer remains to restrict those regardless of the zoning designation approved. She noted that the application has been amended to "R-2" to accommodate the neighbors' concerns. However, if the Commission chooses the "R-2A" designation, she pledged that they would continue to work closely with the neighborhood on design and would provide a buffer area wherever lots smaller than 7,000 square feet are adjacent to another neighborhood. She further noted that they will work with staff on design of the streets and with Dave Jarrett on alignment with streets in his development, which lies to the north of this project. Mr. Carl Strozewski, 3215 Fieldstone Drive, thanked the Commissioners who sat in on the negotiating sessions. Speaking on behalf of the 408 people who signed the petition supporting the "R-2" zoning, he requested Commission approval of that designation. He noted that incorporating the PUD into the design changed the scheme of things and made the proposed development more tolerable. Mr. Jeff Krauss, 508 Park Place, forwarded the Westfield neighborhood's support for "R-2" zoning and agreed that the PUD on the west side of the property provides the flexibility needed for the 05-13-2002 10- Bozeman 2020 Community Plan. He stated their desire that this property be developed with the same character as the Allison, Figgins and Westfield Subdivisions, since it is essentially filling in between those areas. He thanked Ms. Brown and the developer for their willingness to work with the neighborhood and for the commitments they have made. Mr. Marty Derrig, 3301 Fieldstone Drive, stated it is his understanding that the neighbors are in agreement with "R-2" zoning, with the PUD being located further west; and he encouraged the Commission to approve that designation. Mr. Dave Jarrett, representing the Allison Subdivision Phase II Homeowners' Association, expressed support for the "R-2" designation and requested that at least those lots adjacent to Allison Subdivision be designated as such. He praised the developer's commitment to hammering out an agreement. Mr. Frank Palazzi, 3115 Fieldstone Drive, voiced support for an "R-2" designation and acknowledged the work done by all involved. Mr. Ray Center, 503 Park Place, stated his support for "R-2" zoning and requested that Senior Planner Skelton review the four conditions for the zone map amendment. Mr. Bob Larson, 410 Oxford Drive, voiced his support for the "R-2" designation and thanked the Commission, Holly Brown and Joe Mahar for their cooperation and work in this process. He stated his hope that this could come to a conclusion this evening. Responding to Mr. Ray Center, Senior Planner Skelton reviewed the four conditions for the zone map amendment. First, there is a possibility that a sliver of land along the South 3rd Avenue right-of-way may not have been annexed; should staff find that to be the case, the applicant shall include said sliver in the zone map amendment request. The other three are boilerplate conditions regarding required mapping and legal descriptions and adoption of the ordinance. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Zone Map Amendment requested by Mahar Montana Homes, L.L.C., for the Con and Daphne Gillam Revocable Trust under Application No. Z-02008, be approved by establishing an initial municipal zoning designation of"R-2", Residential-Single-household, Medium-density, on 74.26+ acres located in the North one-half and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian; and that staff b e directed to bring back an ordinance enacting the amendment, subject to the following conditions: Should the City Engineer's office conclude that unannexed portions of the old railroad right-of-way bed exist between the subject property and the South Third Avenue right-of-way, the applicant shall include in the legal description for the Zone Map Amendment said portions of the railroad right-of-way. That the ordinance for the Zone Map Amendment shall not be adopted until the annexation agreement is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. That the applicant submit a zone amendment map titled "Gillam Zone Map Amendment" on a 24-inch by 36-inch mylar; an 8¼ -inch by 11-inch or 8½-inch by 14-inch paper exhibit; and in digital form of the area to be zoned, which is acceptable to the Director of Public Service, to be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, description of the boundaries of each specific zoning designation, total acreage of the property, acreage of each specific zoning designation, and adjoining rights-of-way and/or street access easements. 05-13-2002 -11 - That the ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and map of the area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting no, None. Break - 8:20 to 8:30 p.m. Mayor Kirchhoff declared a break from 8:20 p.m. to 8:30 p.m., in accordance with Commission policy. Continued public hearing - COA to allow construction of a new single-family residence on Lot 2, Block 4, Beall and Davis Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow house to encroach 6 feet into the required 20-foot front yard setback, and to allow new detached garage to encroach 4 feet into the required 5-foot side yard setback and 2 feet into required 10-foot rear yard setback -Jon Maxwell for 305 North Ida Avenue (Z-02050) This was the time and place set for the continued public hearing on the Certificate of Appropriateness requested by Jon Maxwell under Application No. Z-02050, to allow the construction of a new single-family residence on Lot 2, Block 4, Beall and Davis Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow the house to encroach 6 feet into the required 20-foot front yard setback, and to allow a new detached garage to encroach 4 feet into the required 5-foot side yard setback and 2 feet into the required 10-foot rear yard setback. The subject property is located at 305 North Ida Avenue. Mayor Kirchhoff reopened the continued public hearing. Planning Director Andy Epple presented the staff report on behalf of Historic Preservation Planner Jim Jenks. He stated that the applicant proposes to construct a single-family home and detached garage on a lot that was subdivided from a larger tract in January. Deviations have been requested to allow the house to encroach into the front yard setback and the garage to encroach into the side and back yard setbacks. Planning Director Epple stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. He noted that the proposed setback deviations are historically compatible with the surrounding area, and encroachments such as these are common in older neighborhoods. Staff believes the unique architectural design of the home and garage further contributes to the character of the neighborhood. He forwarded staff's recommendation for conditional approval with the requested deviations. The Planning Director noted that a letter of opposition was received from Charles and Barbara Edgmond, who reside west of the subject property at 625 East Davis. He stated that staff considered concerns expressed in that letter; however, staff agrees that moving the house forward to encroach into the front yard will provide some extra backyard space and will open up the view of the Bridgers to the northeast, which may help to address one of the Edgmonds' concerns. To address concerns of a fire hazard from close proximity of the garage to the property line, staff has recommended conditions requiring one-hour fire rated construction and eaves not less than 6 inches from the property line. The Planning Director then noted that a letter of support was received from Don B. Jackson, owner of the property immediately to the south. In his letter Mr. Jackson stated that locating the garage close to the property line would allow more efficient use of open space. Mr. Jeff Sandholm, architect representing the applicant, reiterated that moving the house into the front yard setback provides a larger back yard and opens up the view for the Edgmonds. He also 05-13-2002 12- noted that a detached garage is more in keeping with the historical nature and character of this neighborhood, as is pushing buildings closer to the property line. Mr. Chuck Edgmond, 625 East Davis Street, expressed concern that Mr. Maxwell is trying to build too much house for the size of the lot. He noted that Don Jackson, who wrote the letter of support, sold the land to Mr. Maxwell and that Mr. Jackson's property to the south is a rental. He voiced his strong concern about putting the garage right next to the property line, stating there is another garage in very close proximity. Mr. Jon Maxwell, applicant, pointed out that the garage Mr. Edgmond referred to is on property to the south, approximately 5 feet from the property line, and thus would be 6 feet from his garage. He stated that locating his small, one-car garage toward the rear of the property serves to de- emphasize it. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Brown expressed concern with the garage being only one foot from the property line; however, with the required fire-resistant construction and since there is no objection from the adjacent property owner, he indicated he would support the request. Responding to Commissioner Hietala, Planning Director Epple confirmed that lot coverage is less than the maximum 40 percent allowed. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Certificate of Appropriateness requested by Jon Maxwell under Application No. Z-02050, to allowthe construction of a new single-family residence on Lot 2, Block 4, Beall and Davis Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow the house to encroach 6 feet into the 20- foot front yard setback, and to allow the new detached garage to encroach 4 feet into the required 5- foot side yard setback and 2 feet into the required 10-foot rear yard setback, be approved subject to the following conditions: Water and sewer impact fees shall be assessed to the property owner. Water and sewer connections to the subject property line shall be completed by the City, with related costs borne by the property owner. Per Building Code specifications, the construction of eaves along the southern elevation of said new garage shall not be over half the distance to the property line, a distance of six (6) inches. Given the significant encroachment into the side yard by the new garage, the applicant shall construct a 6-foot high wooden fence along the southern property line to mitigate potential adverse effects on the adjacent property. Further, said garage shall be constructed with one-hour walls to offset potential fire danger to the adjacent property. As with construction of all new single family residences in the City of Bozeman, the applicant shall install boulevard trees along Ida Avenue at one tree per fifty (50) linear feet of street frontage. The trees shall be installed within the property line. Applicant shall contact the Building Division to obtain the necessary boulevard tree permits. Applicant shall make sure all boulevard trees are located a minimum of 10 feet from any service line (i.e., water, sewer, utility line). The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning 05-13-2002 -13- office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearing - Conditional Use Permit with Certificate of Appropriateness -ADoaee Architects for Legends, LTD - allow on-premise consumption of alcoholic beverages and construction of aamino room addition on existing restaurant on Tract 2, Amended Plat C-23-K, Blocks 22-24, Northern Pacific Addition, with deviation from Section 18.50.110.F.2., Bozeman Municipal Code, to allow up to a 20% reduction in parking requirements (Lucky Dog Saloon, 1104 East Main Street) (Z-02044) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness as requested byApogee Architects for Legends, LTD, under Application No. Z-02044, to allow the on-premise consumption of alcoholic beverages and construction of a gaming room addition on the existing restaurant located on Tract 2, Amended Plat C-23-K, Blocks 22 through 24, Northern Pacific Addition, with a deviation from Section 18.50.110.F.2. of the Bozeman Municipal Code to allow up to a 20-percent reduction in parking requirements. The subject property is located at 1104 East Main Street, the site of the existing East Main Diner; and this application would add the Lucky Dog Saloon. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She stated that Apogee Architects has requested a Conditional Use Permit with Certificate of Appropriateness for an addition to the East Side Diner to house a 14-unit gaming room and to allow consumption of beer and wine in both the gaming room and the diner. In conjunction with that, the applicant is requesting a deviation to allow a reduction in the required number of parking spaces. The property is located in the East Main entryway corridor and surrounding uses and zoning include the Alpine Lodge to the north, zoned "B-2"; residential properties to the south, zoned "R-2"; offices to the east, zoned "B-2"; and the proposed East Side Office Building to the west, zoned "B-2", which received final site plan approval today. The Assistant Planner stated that staff has reviewed this application in light of applicable criteria in the zone code, and staff's comprehensive findings are contained in the written staff report. She forwarded staff's recommendation for approval, subject to conditions, noting that the Design Review Board and the Development Review Committee had previously reviewed the application and submitted their recommendation for approval, subject to conditions outlined by staff. She highlighted four issues discussed during review of this application. First, this proposal does not fit the definition of a casino since there are no card tables, only 14 gaming machines and no reference to the Lucky Dog Saloon as a casino by signage or name. Second, per guidelines in the Design Objectives Plan, staff strongly encouraged relocating the outdoor seating area displaced by the gaming room. The DRB suggested placing it in where the existing handicapped parking spaces lie and shifting those spaces further south; however, the applicant expressed concern with logistics, citing difficulty with customer visibility due to lack of windows on the east side and problems with customers entering and wait staff serving via the same door. Following further discussion staff then recommended a location at the northeast corner of the diner where existing windows would address the issue of customer visibility; and one of the windows could be transformed into a door, providing a solution to the access issue. She pointed out that the parking deviation was requested to allow more flexibility for location and size of the outdoor seating area and would be necessary only if existing parking spaces are displaced. Third, staff felt that screening the rooftop mechanical equipment is an essential element in the project, and that surrounding the equipment with painted metal mesh screening as proposed is not adequate. 05-13-2002 14- Fourth, staff felt that the applicant's original proposal transformed the east facade into a relatively bleak wall; therefore, Condition No. 4 requires implementation of specific character-giving architectural features along that elevation to improve its appearance and to emphasize the main entrance. That condition also requires the screening for the rooftop mechanical equipment to be incorporated into the architectural features of the building. The Assistant Planner noted that the applicant has submitted a revised plan which addresses some of these concerns. Assistant Planner Kozu b briefly reviewed a letter of opposition received earlier today from Ron and Margo Krager, 1214 East Curtiss Street, which she distributed just prior to her presentation. The Kragers stated their objections to allowing a gaming room serving alcoholic beverages in the entryway corridor, adjacent to a residential area and Lindley Park. The Kragers also pointed out the seeming contradiction between expanding the building and reducing the parking area. Responding to Commissioner Brown, the Assistant Planner stated that when the East Side Diner was constructed, more parking spaces were provided than t he n umber actually required. Therefore, the existing 32 spaces will accommodate the required 20 spaces for the dining room; 6 for the Lucky Dog Saloon, 4 for a 400-square-foot outdoor seating area, and 2 disabled accessible spaces. She noted that since the applicant started out with excess parking, the elimination of a few spaces would not exceed the allowed 20% reduction. Planning Director Andy Epple further explained that the original proposal did not require a parking deviation and was requested only as a contingency should current parking spaces be utilized for relocation of the outdoor seating area. He noted that if it is placed at the northeast corner as staff has proposed, the deviation would not be necessary. Mr. Van Bryan, Apogee Architects, representing the applicant, proposed putting the outdoor seating area along the west side of the diner, noting that location would provide a more direct route to the kitchen, access via an existing door without the customer/wait staff traffic congestion, and good customer visibility through existing windows. He pointed out that during renovation of the former Donna Marie's building, the asphalt previously running up to the side of the building was cut back to the eight-foot setback requirement, thus providing an open space ideal for an urban-type patio seating area. Additional landscaping, coupled with that provided in the eight-foot yard for the new East Side Office Building, would create a nice greenspace buffer. He noted that the applicant is excited about providing outdoor seating; however, the northeast corner location proposed by staff would result in a loss of seating inside the diner, poor visibility of customers, and customer/wait staff traffic congestion. Mr. Bryan then addressed screening of the mechanical equipment, noting that there would be a total of six units on the roof. He acknowledged that the mesh parapet currently surrounding the equipment was not completely successful but suggested that an additional layer of mesh or a more tightly woven mesh could accomplish the desired effect. He cautioned that putting a large, architecturally pleasing enclosure on the rooftop would require recalculation of the load capacity and possible modification of the roof structure; and such an enclosure may not allow adequate ventilation for the units. Mr. Bryan then noted that a grid-type parapet and additional plantings and landscape features will be provided along the east facade to break up the length of the wall, and the main entrance will be enhanced by a larger gabled parapet. He stated that they are working with staff on compliant signage. Mr. Gary Garrison, representing the property owner, expressed concern that a patio on the northeast corner could create problems with control of alcohol consumption, noting that with wait staff's limited visibility of the area, minors may be able to get alcohol from customers seated there. He then emphasized that the attendant loss of seating within the diner would create an economic hardship. Assistant Planner Kozub again voiced staff's support for the location of the outdoor seating area at the northeast corner, stating lighting conditions are better and outdoor seating there would emphasize the main entrance. She noted that seating on the west side would draw people toward parking on that side, which is essentially designated for the East Side Office Building, and to the door on that side rather than to the main entrance. 05-13-2002 -15- Mr. Van Bryan noted that they envision the patio to be similar to that at Applebee's, where customers migrate through the restaurant to be seated outside. The area could be surrounded by a hedge, some type of metal latticework or possibly a fence to direct customers toward the main entrance and to make it clear that entry to the patio is through the diner. Planning Director Andy Epple stated that the intent of the Design Objectives Plan is to create a sidewalk caf~ situation, providing some interest and activity along the streetscape rather than along the side of the building. He acknowledged that the option presented by Mr. Bryan and Mr. Garrison is viable, provided the area is delineated by some type of fence or other barrier and complies with side yard setback requirements. He then suggested that the side yard issue might be dealt with through a reciprocal easement or zero lot line easement with the property occupied by the new East Side Office Building, but noted those options require further research. He stressed that Commission approval of the location on the west side of the building should be subject to satisfying any side yard setback requirements. Mr. Bryan suggested that a lot aggregation may be a solution since the applicant is also involved in creation of the East Side Office Building. He indicated that combining the two lots and eliminating the lot line would also eliminate the setback requirements. Responding to Mayor Kirchhoff's question of whether the Commission must decide on the location, Assistant Planner Kozub replied that Condition No. 5 reads only that the location of a new outdoor seating area shall be indicated on the final site plan; the Commission may approve it as is or suggest that the applicant be given the choice. Responding to Commissioner Cetraro, Assistant Planner Kozub stated that Condition No. 5 could be eliminated; but if the Commission feels the outdoor seating should be relocated, the condition should be left as is. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. In response to Commissioner Cetraro's request for further clarification of Condition No. 5, Planning Director Epple stated that staff and the DRB have recommended that outdoor seating be required; however, the Commission can choose either to follow that recommendation or to eliminate the condition and the requirement for outdoor seating. Assistant Planner Kozub emphasized that the recommendation comes from guidelines in the Design Objectives Plan, as does the requirement for screening of mechanical equipment. Commissioner Cetraro voiced his support for elimination of Condition No. 5. Commissioner Youngman stated that she cannot vote for this application, citing criteria in the zoning ordinance and characterizing the proposal as "a casino in all but name." She noted that with 15 gaming machines, an establishment is considered to be a casino; and installing only 14 exploits a weakness in the regulations. She further stated that it is flagrantly inappropriate and contrary to public welfare to put a major gambling and drinking establishment in a location with a residential neighborhood in the back yard. She indicated that she does not have a problem with serving beer and wine in the restaurant, but adding a bar and gaming room and expanding hours of operation to midnight will have a significant impact on the neighborhood. Commissioner Brown voiced concern with allowing a gambling establishment so near to Lindley Park and the Library. He concurred with Commissioner Youngman's assessment that although it is not called a casino, it is effectively that; and it is especially inappropriate next to a residential area. Commissioner Hietala expressed concern with noise control and acknowledged that the neighborhood would be adversely affected to some degree. He stated support for the proposal, however, noting it i s n ice to see the east end of Main Street develop. He pointed out that no representatives from the neighborhood were present to express opposition. Mayor Kirchhoff stated his general support but emphasized that some architectural detail and improvements are needed, especially to the screening around the mechanical equipment on the 05-13-2002 -16- rooftop. He encouraged the applicant to provide an outdoor seating area, noting it is a nice community enhancing amenity, but stated that he didn't feel the Commission should impose that requirement. He pointed out that should the west side location be pursued, the applicant needs to clearly identify that the entrance is on the east side of the building. Commissioner Cetraro encouraged providing outdoor seating in a location the applicant feels is most appropriate. He stressed that expansion on East Main Street is good for Bozeman. It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the Conditional Use Permit with Certificate of Appropriateness as requested by Apogee Architects for Legends, LTD, under Application No. Z-02044, to allow the on-premise consumption of alcoholic beverages and construction of a gaming room addition on the existing restaurant located on Tract 2, Amended Plat C-23-K, Blocks 22 through 24, Northern Pacific Addition, with a deviation from Section 18.50.110.F.2. of the Bozeman Municipal Code to allow up to a 20-percent reduction in parking requirements be approved, subject to the following conditions: The applicant shall obtain a City of Bozeman liquor license and provide the Planning office with a copy of the license prior to final site plan approval. A copy of the State Revenue Department on-premise liquor license to serve beer and wine in the gaming room and restaurant at 1104 East Main Street shall be submitted to the Planning Department prior to final site plan approval. Furthermore, any expansion, modification, or enlargement in the scope of the on-premise restaurant liquor license or its use, as established as of the date of issuance of the license, will require another authorized Conditional Use Permit. Per Guideline B.6., Design Objectives Plan, All Corridors, rooftop mechanical equipment shall be fully screened by incorporating the equipment into the roof form or fully hiding the equipment behind 'a parapet wall. Ground or wall-mounted mechanical equipment shall also be screened with walls or dense plant material. Prior to final site plan approval, the applicant shall appropriately screen or relocate the existing and proposed rooftop and wall-mounted mechanical equipment for the East Side Diner and the Lucky Dog Saloon, subject to review and approval by the Planning Department. Applicant shall implement specific character-giving architectural features along the east elevation that include: 1 ) a greater emphasis on the principal entrance to building, 2) relief and/or off-sets or a combination of other character-giving features that improve the horizontal plane of the east fa~de, and 3) incorporate the screening of the rooftop mechanical equipment into the architectural features of the false front pediment walls for review and approval by ADR Staff prior to issuance of a Certificate of Appropriateness. Applicant shall provide a comprehensive signage plan prior to final site plan approval. The purpose of the plan is to coordinate graphics and signs with building design and shall be subject to review and approval by the Planning Department. The comprehensive signage plan shall be submitted with the final site plan application and must be in conformance with Section 18.65 of the Bozeman zone code. All appropriate sign permits must be obtained prior to the installation of any new signage. o Applicant shall submit all four exterior elevations of the building for review and approval by the Planning Department prior to final site plan approval. 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/her successors or 05-13-2002 -17- 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 twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of Planning Department approval. 10. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of approval. 11. All exterior lighting, including wall-mounted lighting, shall be detailed on the final site plan. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A.1. The final site plan shall show the location for, and a detail of, any proposed wall-mounted and/or signage lighting. 12. Because the domestic water service is located below the proposed addition, the owner/contractor must contact the water department prior to commencement of work for the exact location. The area over the water service within two feet vertically must be excavated by hand and a water department personnel must be on site during this excavation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Youngman and Commissioner Brown. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of a letter to property owners near the intersection of West Curtiss Street and South 9th Avenue notifying them of the impending installation of stop signs and parking restrictions. (2) Copy of a paper entitled How WalMart is Remaking our World, prepared by Jim Hightower, Hightower Lowdown, dated April 26, 2002. (3) Copy of an information sheet on the Montana Statewide Draft Oil and Gas Environmental Impact Statement, as prepared by the Park and Gallatin Citizens' Alliance. (4) List of planning projects to be considered at upcoming Commission meetings, dated May 8. (5) Minutes from the Tree Advisory Board meeting held on April 10, 2002. (6) Minutes from the Local Water Quality District Board meetings held on December 6, 2001, February 7, 2002, and March 7, 2002. (7) Agenda for the School District No. 7 Board of Directors meeting to be held at 7:00 p.m. on Monday, May 13, at the Willson School. (8) Agenda for the Open Lands Board of Gallatin County meeting to be held at 7:00 p.m. on Monday, May 13, at the Bozeman Public Library. 05-13-2002 -18- (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 14, at the Belgrade City Hall. (10) Notice that the County Planning Board's May 14 meeting has been cancelled. (11) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 14, at the Professional Building. (12) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May 14, at the Professional Building. (13) Memo from Associate Planner Jody Sanford, dated May 8, forwarding the revised subdivision regulations, to be adopted by ordinance. (14) Copy of the revised zone code, to be adopted by ordinance. (15) Planning Director Andy Epple stated that there will be a land use facilitated meeting concerning the Ice Pond Road properties on Thursday evening at the Library meeting room. He noted that approximately 50 letters of invitation have been mailed to property owners in the surrounding areas. (16) Director of Public Service Debbie Arkell noted that staff has been meeting with school district officials to resolve complaints on parking enforcement from parents dropping their children off or picking them up at elementary schools. As a result of those discussions, the five-minute time limit has been increased to twenty minutes, and two-hour parking will now be allowed around the playground areas. She also noted that due to the number of summer programs, the 15 m.p.h, speed limit signs in school zones and parking limit signs around the schools will not be taken down this summer. (17) Commissioner Hietala noted that he will be e-mailing his comments on the new subdivision and zoning regulations to Mayor Kirchhoff and fellow Commissioners prior to final adoption. Adjournment - 9:33 p,m. There being no further business to come before the Commission at this time, it was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: CAROLYN A. WlLMONT Deputy Clerk of the Commission 05-13-2002