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HomeMy WebLinkAbout2005-12-19 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA December 19, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, December 19,2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Planning Director Andy Epple, Staff Attorney Tim Cooper, and City Clerk Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Acting City Manager Brey requested that Ordinance No. 1658 be removed from the consent items for discussion. Sianina of Notice of Special Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. Minutes - Julv 5. Julv 11. July 18. August 1. Auaust 15, September 6. September 12. October 3. December 5. and December 12. 2005 Mayor Cetraro deferred action on the minutes of the meetings of July 5, July 11 , July 18, August 1 , August 15, September 6, September 12, October 3, December 5, and December 12, 2005, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Commission Resolution No. 3880 - certifyina delinauent assessments as of November 30,2005, to County COMMISSION RESOLUTION NO. 3880 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 2005, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Commission Resolution No. 3881 - creatina Special Improvement District No. 684 (improvements to Durston Road between North 19th Avenue and Fowler Avenue extended) COMMISSION RESOLUTION NO. 3881 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 684; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BYTHE CITY'S 12-19-05 - 2 - SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND; CONFIRMING CERTAIN OTHER MATTERS; AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Authorize Acting City Manaaer to sian - Annexation Aareement with Bozeman Buildina Traditions for annexation of 1.8355 acres Ivina alona east side of Manlev Road. immediatelv north of East Gallatin Recreation Area (780 Manlev Road) Commission Resolution No. 3882 - annex 1.8355 acres Iving alona east side of Manlev Road. immediatelv north of East Gallatin Recreation Area (780 Manlev Road) COMMISSION RESOLUTION NO. 3882 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1659 - establish initial municipal zonina desianation of "R-1". Residential-Sinale-household. Low-density. on 1.8355 acres Ivina alona east side of Manlev Road. immediatelv north of East Gallatin Recreation Area (780 Manlev Road): provisionallv adopt and brina back in three weeks for final adoption ORDINANCE NO. 1659 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF R-1 (RESIDENTIAL SINGLE-HOUSEHOLD LOW DENSITY DISTRICT) ON 1.84 ACRES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. Commission Resolution No. 3883 - amend Bozeman 2020 Communitv Plan bv chanaina land use desianation from Future Urban to Residential on 75.03 acres located at the southwest corner of the intersection of Huffine Lane and Cottonwood Road COMMISSION RESOLUTION NO. 3883 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE GROWTH POLICY LAND USE DESIGNATION, FROM FUTURE URBAN TO RESIDENTIAL ON 75.03 ACRES LOCATED IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. Authorize Actina City Manaaer to sian - Revised and Restated Plan Document for Flexible Benefits for the City of Bozeman Authorize Actina City Manaaer to sian - Purchase Aareement for Parcel Nos. 4 and 5. Durston Road proiect: Acceptance of Quit Claim Deed for Parcel Nos. 4 and 5. Durston Road proiect (45-foot-wide strip across north end of property at 5170 Durston Road: and Acceptance of Temporary Access Easement and Aareement for 15-foot-wide strip immediatelv south of riaht-of-wav - William N. and Deana A. Tavlen Authorize Actina City Manager to sian - Purchase Aareement for Parcel No.7. Durston Road project: and Acceptance of Quit Claim Deed for Parcel No.7, Durston 12-19-05 - 3 - Road proiect (45-foot-wide strip across north end of property at 5260 Durston Road) - Robert K. Berndt Authorize Actina City Manaaer to sian - Acceptance of Sanitary Sewer Pipeline and Access Easement and Aareement from Montana State University - 30-foot-wide easement across property Ivina west of South 19th Avenue (for Meadow Creek Subdivision) Authorize Actina Citv Manaaer to sian - Abandonment of Easement at southeast corner of intersection of Bridaer Center Drive and Commercial Drive Authorize Actina City Manaaer to sian - Abandonment of Easement alona north side of Bridaer Drive. extendina eastward from Bridaer Center Drive Acknowledae receipt of reauest for annexation of 75.044 acres Ivina at the southwest corner of intersection of Huffine Lane and Cottonwood Road - Covenant. LLC: refer to staff Authorize Mavor to sian - Findinas of Fact and Order for appeal of administrative interpretation pertainina to replacement and uparade of existina power lines and poles beina classified as Tvpe I Essential Service filed by Bozeman Creek Neiahborhood Association Approval of final plat for Oak Sprinas Subdivision. Phase I - subdivide approximatelv 78 acres located alona north side of Durston Road. south of Oak Street. and east of Ferauson Avenue extended Approval of park master plan for Flanders Creek Subdivision and Rosa Subdivision (located alona north side of Durston Road between Cottonwood Road extended and Laurel Glen Subdivision) Renewal of beer. wine and Iiauor licenses for Calendar Year 2006 - 31 applications totalina $12.900 Claims It was moved by Commissioner Krauss, seconded by Commissioner Youngman, 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 Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Ordinance No. 1658 - addina Chapter 2.05, establishina a policv for acauisition and transfer of property Included in the Commissioners' packets was a copy of Ordinance No. 1658, entitled: ORDINANCE NO. 1658 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 2.05 PERTAINING TO ACQUISITION AND TRANSFER OF CITY PROPERTY. Acting City Manager Brey reminded the Commissioners that this item had been removed from the consent items for discussion. Commissioner Krauss voiced concern about some of the provisions in the ordinance as submitted and requested that revisions be made prior to adoption of the ordinance. Under Section 2.05.020, he requested that the language in the first sentence be revised to read "... may not purchase real property in an amount in excess of $10,000 $200,000 or a ..." and that the last sentence be revised to add the phrase 12-19-05 -4- "without majority vote of the Commission" at the end. He noted that this does not preclude the City from paying more than appraised value, but simply brings the issue into the political sphere. He then proposed that under Section 2.05.060, the language be changed to read "...unless it has been appraised within tfotree months one year prior to the date of the sale." He concluded by proposing that Section 2.05.050.A be amended to read "... must bear interest at the rete of C% a year a market rate, payable annually, ..." Commissioner Youngman suggested that the term "market rate" be more specifically defined to avoid confusion in the future. Commissioner Krauss stated that, since the issue involves a mortgage on the property, he anticipates the interest would be at the real estate market rate. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Ordinance No. 1658, establishing a policy for acquisition and transfer of property, as amended per the above discussion, be provisionally adopted and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Public comment No public comment was received under this agenda item. Exit conference for audit for Fiscal Year 2004-2005 Included in the Commissioners' packets was a copy of the Comprehensive Annual Financial Report (CAFR) for Fiscal year 2004-2005, as prepared by Anderson ZurMuehlen and Company. Mr. Bill Mills, Anderson ZurMuehlen, stated that an in-depth review of the audit report was given to the Audit Committee earlier today. He noted that this 135-page Comprehensive Annual Financial Report is divided into four sections, providing a wealth of information about the City and its finances. He stated that Section 1 is the introductory section and includes the transmittal letter prepared by management and a copy of the Certificate of Excellence in Financial Reporting issued by the Government Finance Officers Association. He stressed that this certificate is for Fiscal Year 2004 and is the 21 st consecutive award received by the City. Section 2 is the financial section, with Pages 28 and 29 providing the government-wide financial statements. This section also includes breakdowns for each of the fund categories and supplementary information. Section 3 is the unaudited statistical information on the community. Finally, Section 4 presents the auditor's report on the expenditure of federal monies, including internal controls and compliance. He indicated that this report reflects no findings and no compliance issues. Mr. Mills presented the independent auditor's opinion on the City's financial statement, noting that it is slightly different from years past. He noted that, due to the financial significance of the Library Foundation's activities, it was determined that information from the independent audit of that activity was to be included as a blended component of the City's audit. Since that audit was the initial audit for the Library Foundation and included a planned scope limitation, the independent auditor presented a qualified opinion. Since that information was incorporated into the City's audit, Mr. Mills forwarded the auditor's unqualified opinion, with the exception of the Library Foundation, which is a qualified opinion. Mr. Mills thanked the City's Finance Department staff for assistance during the audit, particularly Controller Brian LaMeres. Acting City Manager Brey stated that the Audit Committee did not have a quorum; however, those members present endorsed the report, and the staff members were comfortable with it. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission accept the audit report for Fiscal Year 2004-2005, as submitted by Anderson ZurMuehlen. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. 12-19-05 - 5 - Ordinance No. 1657 ~ estabUshine ooUCY orovidina for the sale of advertisement soace on municioal vehicles and other municioal orooertv: orovisionallv adoot and brine back in three weeks for final adootion Included in the Commissioners' packets was a copy of Ordinance No. 1657, entitled: ORDINANCE NO. 1657 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 3.28; PROVIDING FOR THE SALE OF ADVERTISEMENT SPACE ON MUNICIPAL VEHICLES AND OTHER MUNICIPAL PROPERTY. Acting City Manager Brey noted that this ordinance was before the Commission on the consent agenda two weeks ago, even though staff as not in unanimous support of it. He stated that, since that time, issues have been raised, including the fact that the ordinance as originally drafted negatively impacted situations at the Recreation Complex and the softball fields. He also noted that this ordinance was originally drafted with the intent of allowing advertising on the City's solid waste collection trucks; and the provision that logos not be removed or relocated would preclude that advertising. As a result the ordinance now before the Commission includes the revisions needed to address the issues raised. Mr. Jeff Milchen, 222 South Black Avenue, encouraged the Commissioners to give careful consideration to the opposition that has been expressed by staff. He cautioned that, while the advertising may generate revenues, it may also involve considerable administration by staff. He noted that the ordinance reflects a lengthy list of attempts to determine what is commercial and what is not, but cautioned that this can also lead to murky situations. He voiced concern that, in people's minds, allowing corporate advertising on City vehicles can carry with it an inherent endorsement. He also cautioned that allowing advertising on City vehicles undermines public respect and the integrity of the City. He stated that his brief search on the internet today revealed that, while many communities allow advertising on public properties and vehicles, there are few success stories. He concluded by asking the Commission to not adopt this ordinance. Commissioner Kirchhoff stated he does not support the commercialization of vehicles, noting that Mr. Milchen raised several excellent points. He expressed concern that the ordinance limits the advertising to commercial ventures and does not provide for public interest items like "drive safely"; and he does not find that the City being beholden to commercial enterprises is in its mission statement. He does not feel it is inappropriate to add monies to the City's coffers, but does not believe this is the way to do so. Commissioner Youngman stated that having so many high level staff members not supportive of this proposal suggests that adopting this ordinance would be opening a can of worms. She noted that on busses, there is room for multiple advertisements; on garbage trucks, there is room for only one. She also noted that at the softball fields, there are a wide array of businesses showing support for local sports activities. She also does not like the idea of allowing the City's logo to be moved or removed to accommodate advertising. She concluded by stating the City can ill afford to generate additional revenues in this manner. Mayor Cetraro expressed his support for the proposed ordinance, stating he feels it will allow for creativity in advertising. Commissioner Krauss stated he grew up in a community and has visited many other communities where there are advertisements on the busses as well as benches, sheds over benches, subways, and the rail system. He further noted that the City already allows advertising at the swim center and at the ballfields, and he feels it is appropriate to allow advertising on the City vehicles. He concluded by noting that increasing revenues to support the recycling program without adding costs to the community is appropriate. Commissioner Hietala expressed his support for adopting the ordinance, noting that if allowing for advertising on City vehicles does not work, the ordinance can be changed. Commissioner Kirchhoff reiterated his opposition to the ordinance, stating he does not favor the commercialization of publicly owned assets. 12-19-05 - 6- It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, that Ordinance No. 1657, establishing a policy providing for the sale of advertisement space on municipal vehicles and other municipal property, not be finally adopted. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff and Commissioner Youngman; those voting No being Commissioner Krauss, Commissioner Hietala, and Mayor Cetraro. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Ordinance No. 1657, establishing a policy providing for the sale of advertisement space on municipal vehicles and other municipal property, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No being Commissioner Youngman, and Commissioner Kirchhoff. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from James A. McMillan, 818 South Third Avenue, expressing concern about the proposed traffic circle at the intersection of South Willson Avenue and West College Street. (2) Copy of the garbage collection schedule for the next two weeks, due to the Christmas and New Year's holidays. (3) Copy of the notice regarding snow removal during the holidays. (4) Minutes for the Cemetery Board meeting held on November 17,2005. (5) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, December 20, and at 1 :30 p.m. on Wednesday, December 21, at the Courthouse. (6) Agenda for the Solid Waste Management District Board of Directors meeting to be held at 7:00 a.m. on Wednesday, December 21, at the Garden Cafe in Manhattan. (7) Agenda for the joint meeting of the Planning Board and Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, December 20, in the Commission Room. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, December 21, at the Professional Building. (9) Acting City Manager Ron Brey noted that the ice skating rinks are now open. He then reported that, since the weather last winter was not conducive to hockey play at the Bogert pavilion, staff made the determination that it would be allowed this winter. Subsequent to that determination, all funding for sound mitigation at the pavilion was removed from the budget; and the result is now allowing hockey play without any sound mitigation and no lighting at night. He assured the Commissioners that staff will be working with the hockey players during the winter in an effort to address the neighborhood concerns, but recognized that they may receive phone calls on the issue. (10) Director of Public Service Arkell invited the Commissioners to the Christmas luncheon at the City Shops at noon on Friday. (11) Planning Director Epple announced that his department held its annual retreat on Friday, and will have a report published after the start of the year. Break. 6:45 to 7:00 o.m. Mayor Cetraro declared a break from 6:45 p.m. to 7:00 p.m., to prepare for the public hearings. 12-19-05 - 7 - Annexation of 313.95 acres located on the east-side of StOry Mill Road aooroximatelv 2.000 feet north ofthe intersection of Mcllhattan Road and directlv east ofthe City of Bozeman Landfill. Churn Creek Partners. LLC (A~05011) This was the time and place set for the public hearing on the annexation of 313.95 acres located on the east side of Story Mill Road approximately 2,000 feet north of its intersection with Mcllhattan Road and directly east of the City of Bozeman's landfill, as requested by Churn Creek Partners, LLC, under Application No. A-05011. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She stated that this subject property is the subject of a concurrent zoning application and a concurrent growth policy application for a sub-area plan that includes this parcel and two adjacent properties. She showed pictures of the subject property and views from the subject property toward the city. The Associate Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137. Based upon that review, staff has forwarded a recommendation for approval, subject to the following items being addressed prior to or in the annexation agreement: 1 . The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 2. The applicant shall submit an annexation map with a legal description of the property and any improvements on the property. The map must be supplied on a mylar (18 inches by 24 inches) for City records, one digital copy on a compact disk and one paper copy on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. 3. The Sub-area Plan and Growth Policy Amendment to the Bozeman 2020 Community Plan shall be finally adopted by the City Commission prior to the formal annexation of the property. 4. That the applicant execute at the Gallatin County Clerk and Recorder's Office a waiver of right-to-protest creation of SIDs 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. 5. 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 land owner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever comes first, prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 6. The landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, any contiguous parks, open space, and/or trails shall be extended to the annexed property, and a Master Plan of said parks, open space and trails shall be provided with the signed annexation agreement. 7. The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and 12-19-05 - 8 - neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration through a viewshed study depicting typical building height locations from several locations along the valley floor consistent with the City's ridgeline policy shall be provided with the signed Annexation Agreement. 8. A detailed wetlands map and summary report shall be submitted for the subject property with the signed annexation agreement. The map must be depicted on an 18-inch by 24-inch paper copy and a compact disk. 9. A cultural resource inventory including an archeological survey and a history of the land demonstrating the history of ownership shall be submitted to the City Planning Office with the signed annexation agreement. 10. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: 1) Story Mill Road 2) Bridger Drive b. Signalization Improvements for the Story Mill Road/Bridger Drive intersection. c. Trunk sewer and water main improvements to serve the property. The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 11. The owner shall provide public street and utility easements for Story Mill Road. The easement shall be 45 feet wide from the section line. This is one half of collector standard as shown in the Transportation Plan. 12. An updated and ground-truthed Ridgeline Map that complies with the Unified Development Ordinance definitions of Ridgeline 18.80.2650 and Ridgeline Protection Area 18.80.2660 shall be provided with the signed Annexation Agreement. 13. Upon future development the Montana Department of Fish, Wildlife and Parks shall be consulted to provide input regarding best wildlife management practices for the site. The subdivision design shall demonstrate sensitivity to identified wildlife concerns. 14. Upon future development the applicant shall utilize best lighting practices that provide minimum light for maximum safety. Associate Planner Morris stated that staff has received six letters regarding this proposed annexation; and issues raised include ridgeline development, traffic impacts, density, lot sizes, dark skies, and trail connectivity. Commissioner Youngman noted that during review of a proposed for development in Baxter Meadows, the Commission saw photos with the proposed heights superimposed to show how they would block views of the Bridger Mountains and suggested that a similar presentation be required for this property. 12-19-05 - 9- The Associate Planner responded that Item No.7 and Item No. 12 reference the issues of building orientation, visual impacts, and ridgeline development. Commissioner Youngman suggested that the language of one of those items be expanded to require visual presentations. Commissioner Youngman noted that the wildlife habitat on this site is different from that which has been previously annexed, particularly with the rolling foothills and riparian area and asked if that should also be addressed in the annexation agreement. Associate Planner Morris responded it would not hurt to include a provision in the annexation agreement, although these issues will be looked at critically during the subdivision review process. Commissioner Kirchhoff asked about the lighting standards for development of this site, noting he is particularly interested in lighting that complies with the dark skies criteria. Planner Morris noted this is also an issue that will be addressed during subdivision review. She stated there is to be lighting at all intersections, lighting along Story Mill Road, and bollard lights at the intersections of streets and trails. She also noted that development of this site will be subject to the planned unit development process and, during that review, it may be determined the standard lighting and pole heights are not appropriate on this property. Responding to additional questions from Commissioner Kirchhoff, Project Engineer Bob Murray stated that the subdivision design standards require that run-off from the site be limited to the pre- development rate, and that can be accommodated through detention ponds with controlled releases. He then indicated staff has no greater concern for this site than for any other site in town. In response to Commissioner Kirchhoff, Planner Morris confirmed that the building envelopes will be given close scrutiny during subdivision and planned unit development review, to ensure that all criteria, including ridgeline criteria, are met. Further responding to Commissioner Kirchhoff, Associate Planner Morris stated that street connections between this parcel and adjacent properties will be reviewed through the sub-area plan, as well as trail connections and the locations of parks. She anticipates street connections to the south but not to the north since that property has been subdivided and developed under the County's jurisdiction. She then indicated that the annexation cannot be completed until the sub-area plan has been completed and accepted by the Commission. Mr. Ron Slade, Bechtle Slade architects, stated that the applicants have tried to work with City staff and the community in creating a responsive and sustainable development that is sensitive to the site and the environment. He stated that issues considered in determining possible options for future development of this site included wildlife habitat, vegetation, stream corridors, and habitat restoration. He also noted that Leadership in Energy Efficient Design (LEED) standards were taken into consideration in the initial designing efforts. He indicated that stormwater runoff is to be addressed through bio-swales, which are a natural way to treat the runoff waters. Mr. Slade turned his attention to construction techniques, noting that the covenants will be strict and will likely require the use of energy star appliances, low water demand appliances, orientation to use passive solar exposures, and non.toxic pest control. He further indicated an intent to encourage a limited amount of construction waste from development of this property. Mr. Slade noted that the surrounding properties include the landfill to the east and the golf course to the southwest. He indicated that the property is currently zoned "AS", Agricultural Suburban, in the county, and under the next public hearing, the initial municipal zoning designation would be established as "R-S", Residential-Suburban, which is the lowest designation available and triggers development through the planned unit development process. Mr. Slade made a commitment to avoid development on the steep slopes and to honor the ridgeline constraints. He noted that the applicants intend to verify those constraints on the ground itself rather than depending on maps. He then showed pictures of the site taken from Manley Road as well as from Story Mill Road. He assured the Commission that the applicants are sensitive to the impacts that development of this property may have on views from other portions of the community and will entertain the dark skies 12-19-05 -10- options if allowed to do so. He concluded by estimating that 40 to 50 percent of this site is not visible from town. Mr. Ron LeCain, Confluence Consulting, stated he was contacted in July to do a site assessment. He noted that, in doing so, he examined a number of data bases and walked the property. For the most part, he noted the flatter, lower slopes are abandoned farmland, which provide poor wildlife habitat. The sole jurisdictional area is along Churn Creek, which provides relatively valuable riparian and wildlife habitat. He stated that dry drainage corridors allow wildlife to travel between the forest and the East Gallatin River area, and development near those corridors should also be avoided. He concluded by noting that, as a member of the Wetlands Review Board, he looks forward to reviewing a plan for development of this property and protection of the sensitive areas. Mr. Steve Ziegler, 2531 Whitetail Road, noted that if a line was drawn extending westward from Story Mill Road to Saddle Mountain road, there would be over 7 square miles of area and approximately 200 lots. The property under consideration, on the other hand, contains approximately 313 acres, with a proposal to construct up to 305 houses on it. He stated that a project that includes fewer roads and larger lots with specific building envelopes would be more in keeping with existing development in the area and would allow for protection of the waterways and wetlands, wildlife corridors, and edges of the site. Mr. Tom Olean, adjacent property owner, stated he has been a resident of the area since 1996, and owns some of the property closest to the subject site. He voiced concern about the ridgeline and ensuring that it is protected. He also asked that the Commission work with the residents in the area to ensure a first class development within city limits. He then noted that when he moved to the Grandview II Subdivision in 1996, the homeowners to the north had been trying for years to get Story Mill Road improved to that subdivision. He began working with the County and, in thirteen months, the road was improved by bringing everyone together and finding middle ground. Mr. Peter Rugheimer, 1404 Story Mill Road, stated he is part owner of the property immediately to the south of the subject property and share nearly one mile of mutual property line. He voiced his appreciation for the philosophies of the development team and their interest in wildlife habitat, preserving the steep slopes, and protecting the ridgelines. He noted that it is difficult to see his home from town and suggested there are similar sites on the subject property. He then indicated interest in low lighting levels and dark skies, noting that paying attention to these details can lead to a nice project. He stated that he has no problem with the runoff issue, since there is enough gravel in the ground to ensure that it is retained on site with the proper planning and retention facilities. He concluded by expressing his support for this application. Mr. Jim Squires, 8252 Look Far Way, stated that as Postmaster, he sees a lot of subdivision plats, especially in county areas. He expressed his appreciation for the attention to detail, the environment, and the wildlife habitat, noting that the proposed development appears to be environmentally friendly. As a neighbor, he supports this application and appreciates the idea of development done with minimal impact on the area. Ms. Pat McKernan, 3365 Deer Creek Drive, voiced concurrence with Mr. Ziegler's comments and suggested that impacts could be minimized with densities more comparable to those in the area. She noted that the subject property is visible from West Main Street and suggested that a three dimensional overlay be required from various angles and perspectives in conjunction with an application for development. Mr. Ted Lang, Gallatin Valley Land Trust, submitted a map showing the subject property and drew attention to its potential of being a part of the Mountains to Main Street trail connection, providing an access to forest trails. He expressed general support for annexation of this property, particularly since the County's development review process provides extremely limited opportunities for impacting the trail layout. He concluded by stating he wants to see a safe trail on the western perimeter, along Story Mill road, no trails in the northwest corner of the property, and no access to Churn Creek. Mr. Pat Martin, 2771 Deer Creek Drive, identified density as the overriding factor, stating that no amount of creative planning can adequately address those impacts. He expressed concern that the largest parcels on the Bridger bench are excluded from the sub.area plan, particularly the land north of the landfill. In addition, he's concerned about the wildlife habitat and wildlife corridors, noting that whitetail deer use the lower quality area. He then asked the Commissioners if they want their signature on this landscape if it is 12-19-05 - 11 - allowed to development at urban densities and encouraged them to table consideration of this annexation until higher standards have been adopted. Ms. Lynn Rugheimer, 1404 Story Mill Road, stated that this process has caused her family to look at their land and to participate in the sub-area planning process. She voiced support for this application and encouraged its approval. Mr. Ron Slade noted that the applicants have drafted a variety of sub-area plan options and prefer the plan that is the least dense and provides the most open space. He stressed that the road network within this development will be driven by topographic constraints. Mr. Lee Poole, Moonlight Basin, noted that he purchased 25,000 acres in 1992 with the goal of protecting 80 to 85 percent of that property. He stated that the purchase of that land and the installation of infrastructure were highly leveraged, but he remained committed to his goal, and Moonlight Basin is now approximately three-fourths developed. He expressed a similar commitment on ths project, stating he wants to see a development of which he, his children, and his grandchildren can be proud. Mr. Ron Slade concluded the presentation by noting that the developers intend to work with the community and the neighbors to develop a plan for a sustainable and environmentally sensitive project. Associate Planner Jami Morris suggested that Item No.7 listed above could be amended to add language requiring a viewshed study and computer generated graphics that depict development at a specific height. Commissioner Youngman suggested that protection of habitat, winter range, travel corridors, and possibly specific animals be added to the items to be addressed in the annexation agreement. Commissioner Youngman turned her attention to the issue of dark skies. She voiced concern that, since the subject property is higher than the rest of the community, downshielded lights may not adequately mitigate impacts on surrounding properties or the community. She suggested, rather, that aiming the lights away from the downhill properties may be needed in this instance. Responding to Commissioner Kirchhoff, Mr. Slade stated that he has not given much consideration to setbacks, but is willing to entertain whatever setbacks the City feels appropriate. He also expressed a willingness to work with staff on providing lighting in compliance with the dark skies criteria, while ensuring it is adequate for the police to be comfortable. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Krauss noted the applicant has indicated that he will work closely with staff and that he is very sensitive to the viewsheds and wildlife corridors and expressed his appreciation for that. He then indicated that the area around Bozeman has been heavily impacted by poor county planning, and he supports the development of this site within city limits and under the City's regulations. In response to concerns expressed by Commissioner Youngman, Commissioner Krauss suggested that Item Nos. 7 and 14 be revised to read: 7. The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site, including wildlife habitat and travel corridors, and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration through a viewshed study depicting typical building height locations from several locations along the valley floor consistent with the City's ridgeline policy shall be provided with the signed Annexation Agreement. 12-19-05 - 12 - 14. Upon future development, the applicant shall utilize best lighting I'ractice! that pro'lfide minimum light for maximum safety entertain a lighting standard that reflects best practices under dark skies standards while providing the minimum amount of lighting acceptable to the Police Department. Commissioner Krauss noted that a recent discussion with the County Planning Director revealed the county has no plan for wildlife protection around Bozeman; however, he recognizes this is a city in a wildlife area. He further noted that one does not have to go far to find county failures in protecting ridgelines. He then stated the applicant's presentation reflects uncommon attention to detail. He stated that the North Rouse Avenue entryway corridor, which is scheduled for improvements in the next few years, will serve as good access to this site; and he supports encouraging development in this quadrant of the community. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back an annexation agreement, addressing Item Nos. 1 through 14, as amended in the above discussion, for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Zone Mao Amendment ~ establish initial municioal zoning desianation of "R~S". Residential- Suburban. on 313.95 acres located on east side of StOry Mill Road. directlv east of the City's landfill. Churn Creek Partners. LLC (Z.052471 This was the time and place set for the continued public hearing on the zone map amendment requested by CT A Landworks Group and Bechtle Slade PC for Churn Creek Partners, LLC, under Application No. Z-05247, to establish an initial municipal zoning designation of "R-S", Residential-Suburban, on 313.95 acres legally described as the south one-half of Section 29, Township 1 South, Range 6 East, Montana Principal Meridian. The subject property lies along the east side of Story Mill Road, immediately east of the City's landfill. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She stated that the requested "R-S" zoning provides for the least dense development within city limits, noting that up to 1 .33 dwelling units per acre is allowed with density bonus. The Associate Planner stated that staff has reviewed this application in light of the twelve criteria for consideration of zoning applications, and staff's comprehensive findings are contained in the written staff report. She concluded by forwarding a recommendation for approval of the requested zoning. Mr. Ron Slade, architect representing the applicant, stated that the requested zoning allows for the lowest density urban development, which he believes satisfies both the City's requirements and the development team's desires. No pUblic comment was received in opposition to the requested zoning. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the zone map amendment requested by CT A Landworks Group and Bechtle Slade PC for Churn Creek Partners, LLC, under Application No. Z-05247, to establish an initial municipal zoning designation of "R-S", Residential-Suburban, on 313.95 acres legally described as the south one-half of Section 29, Township 1 South, Range 6 East, Montana Principal Meridian, be initially approved and that staff be directed to bring back an ordinance enacting the amendment subject to the following conditions: 12-19-05 - 13 - 1. The ordinance for the Zone Map Amendment shall not be adopted until the resolution of annexation is adopted by the City Commission. If the annexation is not approved, this application shall be null and void. 2. The applicant shall submit a zone amendment map on a 24-inch by 36-inch mylar; 8Y:z-inch by 11-inch or 8Y:z-inch by 14-inch paper exhibit; and a digital copy of the area to be zoned, which will 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 and zoning districts, total acreage of the property, and adjoining rights-of-way and/or street access easements. 3. The ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds description prepared by a licensed Montana surveyor 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 Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Annexation of -5 acres Ivina alona Thomas Drive. north of Baxter Lane ~ C&H Enaineerina for William H. Louis. Brenda Burden. James D. Secor. and Bruce W. Camobell (A~05008) This was the time and place set for the public hearing on the annexation of -5 acres lying along Thomas Drive, north of Baxter Lane, as requested by C&H Engineering for William H. Louis, Brenda Burden, James D. Secor, and Bruce W. Campbell under Application No. A-05008. Included in the packet was a letter from Mr. Campbell requesting that his property be removed from this request for annexation. Public hearing Mayor Cetraro opened the public hearing. Distributed just prior to the meeting was a letter from Mr. Louis requesting that this public hearing be continued until after the first of the year. Acting City Manager Brey recommended that the Commission continue the public hearing to January 17, 2006. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the public hearing be continued to January 17, 2006, per the applicant's request. The motion carried by the folloWing Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Commissioner Krauss was out of the room. Zone Mao Amendment ~ establish initial municioal zonina of tlR4t1. Residential-Hiah~densitv. on -5 acres Ivina alona Thomas Drive. north of Baxter Lane ~ C&H EnQineerina for William H. Louis. Brenda Burden. James D. Secor. and Bruce W. Camobell (Z~05146) This was the time and place set for the continued public hearing on the Zone Map Amendment requested by William H. Louis, Brenda Burden, James D. Secor, and Bruce W. Campbell under Application No. Z-05146, to establish an initial municipal zoning designation of "R-4" , Residential-High-density, on :t4.55 acres described as Lots 1, 4, 5, 6, and 7, Baxter Lane Subdivision NO.1. The subject properties are located along the west side of Thomas Lane, north of its intersection with Baxter Lane. Included in the packet was a letter from Mr. Campbell requesting that his property be removed from this request for zone map amendment. 12-19-05 - 14- Public hearing Mayor Cetraro reopened the public hearing. Distributed just prior to the meeting was a letter from Mr. Louis requesting that this public hearing be continued until after the first of the year. Acting City Manager Brey recommended that the Commission continue the public hearing to January 17, 2006. It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the public hearing be continued to January 17, 2006, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Commissioner Krauss was out of the room. Modifications to conditions of aooroval of the oreliminarv olat for Laurel Glen Subdivision. Phase III. to remove Condition No.9. which reauires imorovements to Durston Road orior to filino of final olat ~ C&H Enaineerina and Survevina for Hineslev Family Limited Partnershio (P~020112D) This was the time and place set for the public hearing on the request for modification of conditions of approval of the preliminary plat for Laurel Glen Subdivision, Phase III, as requested by C&H Engineering and Surveying for Hinesley Family Limited Partnership under Application No. P-020112D, to remove Condition No.9, which requires improvements to Durston Road prior to filing of the final plat. Public hearing Mayor Cetraro opened the public hearing. Senior Planner Dave Skelton presented the staff report. He reminded the Commission that the preliminary plat for the entire 157 -acre subdivision was approved in 2002, with a number of conditions attached. He noted that Condition No.9 for approval of that preliminary plat reads: 9. Prior to the filing of the final plat for Phase 2, 3, or 4, whichever occurs first, Durston Road from North 19th Avenue west to approximately Fowler Lane (extended) shall be improved to a minor arterial standard. The need for improvements to Durston Road from Fowler Lane (extended) to the west boundary of the Laurel Glen Subdivision will be reviewed through traffic studies for future phases of Laurel Glen Subdivision and/or as other developments occur west of Fowler Lane. The Senior Planner noted that in 2004 the applicant asked that this condition be lifted for Phase 2, which the Commission approved; and he is now requesting that it be lifted for Phase 3 in light of the progress being made on creation of the special improvement district for those road improvements. He indicated that Phase 3 is 26.7 acres, with 38 single-household lots and 1 O-townhouse lots platted. Approval of this request would allow the applicant to file the final plat, but no building permits would be issued until the contract for Durston Road improvements has been fully executed. Senior Planner Skelton stated that the staff has considered this request in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, and the Planning Board has concurred. Mr. Mark Chandler, C&H Engineering and Surveying, indicated that the Commission's approval of this request will put Phase 3 of this subdivision on par with other subdivisions in the area. He then indicated a willingness to respond to questions. Commissioner Krauss noted that during review of this requested modification before the Planning Board, the suggestion was made that contractors access the subdivision via Cottonwood Road whenever possible. Mr. Chuck Hinesley, applicant, responded that he would have no problem asking that the larger trucks use Cottonwood Road rather than Durston Road to access the subdivision. No one was present to speak in opposition to the requested modification of conditions. 12-19-05 - 15 - Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission approve the requested modification of conditions of approval of the preliminary plat for Laurel Glen Subdivision, Phase III, as requested by C&H Engineering and Surveying for Hinesley Family Limited Partnership under Application No. P-020112D, to remove Condition No.9, which requires improvements to Durston Road prior to filing of the final plat, and ask that large trucks access the property via Cottonwood Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Break ~ 8:45 to 8:50 o.m. Mayor Cetraro declared a break from 8:45 p.m. to 8:50 p.m., in accordance with Commission policy. Desian guidelines for historic districts and conservation overlav districts This was the time and place set for the public hearing on the design guidelines for historic districts and conservation overlay districts, as prepared by Winter and Associates. Public hearing Mayor Cetraro opened the public hearing. Assistant Planning Director Chris Saunders reminded the Commissioners that an overview of these design guidelines was presented during the work session at the December 5 meeting. The Assistant Planning Director noted that the Historic Preservation Advisory Board has reviewed this document and forwarded a recommendation for approval, with nine specific revisions being requested. He noted that those revisions are generally editorial in nature, and are designed to improve the quality of the document. He reminded the Commission that the purpose of the guidelines is to provide additional guidance on interpretation and administration of the Secretary of Interior's Standards. No public comment was received in support of, or in opposition to, the design guidelines. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission initially approve the design guidelines for historic districts and conservation overlay districts, as prepared by Winter and Associates, with the revisions recommended by the Historic Preservation Advisory Board, and direct staff to bring back a resolution adopting them. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Zone Code Amendment ~ revise Section 18.28.050 of the Unified Develooment Ordinance to adoot desic;m auidelines for historic districts and conservation overlav districts bv reference ~ City of Bozeman (Z~04013) This was the time and place set for the public hearing on the Zone Code Amendment requested by the City of Bozeman under Application No. Z-04013, to revise Section 18.28.050 of the Unified Development Ordinance to adopt the design guidelines for historic districts and conservation overlay districts by reference. 12-19-05 - 16- Public hearing Mayor Cetraro opened the public hearing. Assistant Planning Director Saunders characterized this as the companion to the previous agenda item and noted that it incorporates the design guidelines into the zone code. He stated that this amendment has been reviewed in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval. No one was present to speak in support of or in opposition to the zone code amendment. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission initially approve zone code amendment, adopting by reference the design guidelines for historic districts and conservation overlay districts, and direct staff to bring back an ordinance enacting the amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Preliminary olat for Northside Minor Subdivision ~ subdivide Lots 1-32. Block 1. Imes Addition. into four commercial lots and one common area. with variances to allow deferred imorovements to North Rouse Avenue and an alternate street standard for North Montana Avenue ~ Comma~Q Architecture. Inc.. and HKM Enaineerina for Montana Avenue Partners. LLC (1237 North Rouse Avenue) (P~05057) This was the time and place set for the public hearing on the preliminary plat for Northside Minor Subdivision, as requested by Comma.Q Architecture, Inc., and HKM Engineering for Montana Avenue Partners, LLC, under Application No. P-05057, to subdivide Lots 1 through 32, Block 1, Imes Addition, into four commercial lots and one common area, with a variances to allow deferred improvements to North Rouse Avenue and an alternate street standard for North Montana Avenue. The subject property is located at 1237 North Rouse Avenue. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Susan Kozub presented the staff report. She stated subject 3.02-acre parcel is located at the northwest corner of the intersection of North Rouse Avenue and East Oak Street and lies within three entryway corridors. She indicated that under this minor subdivision, four lots and one common open space lot are to be provided. The Associate Planner stated that, in conjunction with this preliminary plat, the applicant is seeking the following variances from Chapter 18.44: (1) to allow improvements (sidewalk, curb, gutter, etc.) on North Rouse Avenue to be deferred; and (2) to allow North Montana Avenue to be improved to an alternate standard of 25 feet rather than the 33.foot standard. Associate Planner Kozub stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of the requested variances and approval of the preliminary plat, subject to several conditions. She noted that North Rouse Avenue is tentatively scheduled for reconstruction in 2010, and the required improvements will be completed in conjunction with that project. She concluded by noting that two letters of comment have been received, with concerns being expressed regarding traffic, vision triangle, pedestrian safety, and parking. Mr. Clint Litle, HKM Engineering, stated that this adaptive re-use of the old Weissman site provides a mix of uses, including a dance club, gymnastics facility and cafe. He indicated concurrence with the staff report and a willingness to respond to questions. 12-19-05 -17- Mr. Doug Minarik, Comma-Q Architects, stated that because the buildings sit in three entryway corridors, they are highly visible, making architecture extremely important. He noted that under this application for re-use, they've strengthened the industrial character of the site and a destination node. He stated that, because of the site's high visibility, it is important to keep it alive during the day. No one was present to speak in opposition to the requested preliminary plat. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the variances from Chapter 18.44 of the Bozeman Municipal Code to (1) allow improvements (sidewalk, curb, gutter, etc.) on North Rouse Avenue to be deferred; and (2) allow North Montana Avenue to be improved to an alternate standard of 25 feet rather than the 33-foot standard, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary plat for Northside Minor Subdivision, as requested by Comma.Q Architecture, Inc., and HKM Engineering for Montana Avenue Partners, LLC, under Application No. P-05057, to subdivide Lots 1 through 32, Block 1, Imes Addition, into four commercial lots and one common area, be approved subject to the following conditions: 1. Approval of this preliminary plat is contingent upon City Commission approval of the requested subdivision variances. 2. This subdivision shall comply with all approved conditions of the Planned Unit Development (PUD) #Z -05253. No additional site work may occur until the final PUD is submitted and approved by the Department of Planning and Community Development. 3. Prior to approval of plans and specifications, a cultural resource inventory completed by a qualified professional must be submitted and approved by the Bozeman Historic Preservation Office and the State Historic Preservation Office. 4. Prior to approval of plans and specifications, the applicants shall submit a detailed phasing plan that shows both the phasing of the infrastructure as well as the phasing of the buildings. 5. A reciprocal access and parking easement shall be provided on the final plat for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas are permitted for reciprocal use by all of the lots of the subdivision. 6. The final plat shall not include buildings or parking layout. 7. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 8. The final site plan/final plat shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 9. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 10. All existing utility and other easements must be shown on the final site plan/final plat. 12-19-05 - 18- 11. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's Office). 12. Applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of Special Improvements Districts (SIDs) for the following: a) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). 13. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 14. A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receivin9 channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 15. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed fire hydrants. 16. The existing 10-inch water main that runs through the center of this development must be replaced. An engineering report must be submitted to verify the future water main is sized so as to accommodate this proposed development. 17. All existing and proposed water and sanitary sewer infrastructure within the scope of the project must be clearly depicted and labeled on the final site, landscaping, paving, and drainage plan sheets. 18. Each proposed lot of the subdivision must have its own adequately sized sewer and water service. If any existing services or fire lines are proven to be too dilapidated to serve the lot and the buildings they must be replaced. 19. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. 20. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 12-19-05 - 19 - 21. A water service easement will be necessary for the water service line that will serve building number one. This easement shall be a minimum of 20 feet wide. 22. Plans and specifications for streets and storm drainage facilities, prepared and signed by a professional engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements except as allowed under Section 18.74.030.D. 23. Documentation from the Montana Department of Transportation (MDT) must be provided stating that they are supportive of no improvements to North Rouse Avenue with this development, along with a schedule of when these improvements will happen. 24. Proposed street widths shall be indicated on the submittal. City standard curb, gutter, and sidewalk shall be provided along all streets in the subdivision. Streets within the subdivision will be City standard width. Detailed review of the street and intersection design and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. Typical sections of the proposed North Montana Avenue shall be submitted to the Engineering Division. 25. North Montana Avenue shall be upgraded to meet all minimum City standards for a local street. At this time City Engineering does not support left turns out of North Montana Avenue. Full access will be allowed onto North Rouse Avenue, but do to the poor visibility onto East Oak Street from North Montana Avenue, there will be only right turns out only. Full access from East Oak Street onto North Montana Avenue will be allowed. Adequate traffic control measures must be instituted at the intersection of North Montana Avenue and East Oak Street to restrict left turns out. At a minimum these traffic control measures shall be "no left turn" signs, and a "pork chop." 26. The Engineering Division is requiring that the intersection of North Rouse Avenue and East Oak Street be signalized. Section 18.44.060.D ofthe Unified Development Ordinance states "Street and intersection level of service C shall be the design and operational objective, and under no conditions will less than level of service D be accepted." The traffic study submitted shows this intersection at a level of service F. The developer shall work with Montana Department of Transportation (MDT) regarding the installation of the traffic signal and provide written documentation from MDT to the City of Bozeman. 27. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 28. All code provisions shall be met, the following in partiCUlar: (a) The final plat must be in compliance with all requirements of Chapter 18.06, "Review Procedures for Subdivisions", including that the final plat must be submitted within one (1) year of City Commission approval. Section 18.42.060.B requires all easements to be described, dimensioned and shown on the final plat in their true and correct location. The UNo Build" easement needs to be shown on the plat map itself in addition to being in the notes section. (b) 12-19-05 (c) (d) (e) - 20- The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A corrected plan including both existing and proposed street lights shall be submitted for review and approval prior to the contracting, creation of an SILD, and installation of any lights. All of the lights, including the bollard lights, shall conform to City's requirements for cut.off shields. All subdivision lighting shall be operated and maintained through the creation of a new SILD (Special Improvements Lighting District), through the annexation to an existing SILD or through some other equivalent means approved by the City of Bozeman. Required street lights must be installed or financially guaranteed prior to building permit approval. Occupancy requests will not be approved prior to City Commission acknowledgement of the SILD. All improvements are subject to Chapter 18.74, "Improvements and Guarantees." If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. Concurrent Construction must meet the twelve criteria outlined in Section 18.74.030.D. The final plat must be in compliance with all requirements of Section 18.78.070, "Final Plat," including, but not limited to the following item: i. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department prior to final plat approval; ii. The final plat submittal shall include all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include four (4) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double- sided, high density 3'!h-inch floppy disk or compact disk; and five (5) paper prints. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Conditional Use Permit for Planned Unit Develooment . allow for adaotive re~use of existina structures and develooment of a new structure on orooertv located at 1237 North Rouse Avenue. with relaxations to allow the followina uses as oermitted orinciole uses within the PUD: retail. restaurant. arts and entertainment: to allow a lot width aooroximatelv 20 feet less than reauired 75~ foot width: to allow reduced setbacks for both buildings and oarkina: to allow existina aranarv and new access to aranarv to exceed 45~foot heiaht limitation: to allow encroachments into reQuired 25~ foot setbacks alonQ North rouse Avenue and East Oak Street: to allow a lot to have no frontaae: to allow encroachments into street vision trianales at intersections of North Rouse Avenue and East 12-19-05 - 21 - Oak Street and North Montana Avenue and East Oak Street: to allow less oarkina than reauired: to allow increase in maximum distance of unbroken rows of oarkino: and to allow several trees to not be installed ~ Comma~QArchitecture.lnc.. and HKM Enaineerina for Montana Avenue Partners. LLC (Z~05253) This was the time and place set for the public hearing on the Conditional Use Permit for Planned Unit Development, as requested by Comma-Q Architecture, Inc., and HKM Engineering for Montana Avenue Partners, LLC, under Application No. Z-05253, to allow for adaptive re.use of the existing structures and development of a new structure on property described as Lots 1 through 32, Block 1, Imes Addition, with the following relaxations: (1) from Section 18.20.020, to allow the following uses as permitted principle uses within the PUD: retail, restaurant, arts and entertainment; (2) from Section 18.20.040, to allow a lot width approximately 20 feet less than required 75-foot width; (3) from Section 18.20.050, to allow reduced setbacks for both buildings and parking; (4) from Section 18.20.060, to allow the existing granary and new access to granary to exceed 45-foot height limitation; (5) from Section 18.30.060.8, to allow encroachments into the required 25-foot setbacks along North Rouse Avenue and East Oak Street; (6) from Section 18.44.090, to allow a lot to have no frontage; (7) from Section 18.44.100, to allow encroachments into street vision triangles at intersections of North Rouse Avenue and East Oak Street and North Montana Avenue and East Oak Street; (8) from Section 18.46.040, to allow less parking than required; (9) from Section 18.48.050.C, to allow increase in the maximum distance of unbroken rows of parking; and (10) from Section 18.48.050.E, to allow several trees to not be planted. The subject property is located at 1237 North Rouse Avenue. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Susan Kozub presented the staff report. She noted that the majority of the requested relaxations result from the existing site and its constraints, generally pertaining to setbacks and parking. She stated that existing buildings are to be re-used and a new building constructed on the site that complements the granary. She highlighted the proposed uses, which include a gymnastics facility, restaurant, general retail and offices. She indicated that the applicant proposes to meet the points requirement with on.site open space and cash.in-Iieu payment that could possibly be used to improve a small park in the general area. The Associate Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of the application and its attendant relaxations. She noted that following its public hearing, the Zoning Commission concurred in staffs recommendation. Mr. Clint Litle, HKM Engineering, stated the comments from the previous public hearing apply to this hearing as well. No one was present to speak regarding the proposed re-use of the subject site. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Conditional Use Permit for Planned Unit Development, as requested by Comma-Q Architecture, Inc., and HKM Engineering for Montana Avenue Partners, LLC, under Application No. Z.05253, to allow for adaptive re.use of the existing structures and development of a new structure on property described as Lots 1 through 32, Block 1, Imes Addition, with the following relaxations: (1) from Section 18.20.020, to allow the following uses as permitted principle uses within the PUD: retail, restaurant, arts and entertainment; (2) from Section 18.20.040, to allow a lot width approximately 20 feet less than required 75.foot width; (3) from Section 18.20.050, to allow reduced setbacks for both buildings and parking; (4) from Section 18.20.060, to allow the existing granary and new access to granary to exceed 45-foot height limitation; (5) from Section 18.30.060.B, to allow encroachments into the required 25-foot setbacks along North Rouse Avenue and East Oak Street; (6) from Section 18.44.090, to allow a lot to have no frontage; (7) from Section 18.44.100, to allow encroachments into street vision triangles at intersections of North Rouse Avenue and East Oak Street and North Montana Avenue and East Oak Street; (8) from Section 18.46.040, to allow less parking 12-19-05 - 22- than required; (9) from Section 18.48.050.C, to allow increase in the maximum distance of unbroken rows of parking; and (10) from Section 18.48.050.E, to allow several trees to not be planted, be approved subject to the following conditions: 1. All subsequent development on the site shall require, at a minimum, sketch plan and Certificate of Appropriateness review. Any substantial changes, as determined by the Planning Department, from the approved final PUD may require additional site plan review and/or PUD modifications. City applications will not be accepted without written approval from the Northside Architectural Review Committee. 2. The Declaration of Covenants and Design Guidelines must be included and recorded with the final PUD. The document must include language that the City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any code provisions or conditions of approval. Prior to recording the document, a draft copy shall be submitted with the final PUD application for approval by the Planning Office. 3. The final PUD plan shall not count the area to the north of Building 4b toward PUD Performance points for open space. This square footage may be added to the cash. in-lieu of open space calculation. 4. Prior to any approvals for the final building phase, Planning staff will re-evaluate the on-site parking situation. If staff determines that that is a parking problem, the applicants shall enter into a shared parking agreement with an adjoining property or implement another parking solution subject to review and approval by the Planning Department. 5. The final PUD plan parking calculations shall include the pool as part of the overall square footage for the gymnastics facility. 6. Regarding the comprehensive signage plan: Any proposals for shared complex signs must be included in the sign plan. The sign plan must clearly indicate that city sign permits (including both permanent and temporary sign permits) are required prior to sign installation. The address signage section shall specify that building addresses shall be a minimum of six inches in size and shall be displayed on a consistent location to be determined by the Architectural Review Committee for each building. The sign plan shall state that the tenant is responsible for sign removal upon vacating the unit. 7. The applicant/owner shall work with the Forestry Department prior to removal of the spruce trees along Rouse. (a) (b) (c) (d) (e) The sign plan must include specific calculations for sign sizes per unit. 8. The final PUD plan shall depict benches, picnic tables, and/or other types of pedestrian furniture into each of the designated open space areas. 9. The final landscape plan must indicate that all trees shall be installed with a minimum caliber of two (2) inches in diameter. 12-19-05 - 23- 10. To improve the pedestrian circulation system, the final PUD plan shall depict a sidewalk connection near the utility shed and concrete pavers where the pedestrian circulation system is interrupted by, the parking lot. 11. Regarding the Development Guidelines: (a) Additional clarification, in the form of a diagram, shall be provided for where the main building entrances should front; (b) Additional language shall be provided in the Development Guidelines specifically stating that all mechanical, electrical, HVAC, utility services, and landscape irrigation systems (i .e., irrigation wells, pumps, etc.) will be properly screened with an architectural or landscape opaque screening device; (c) A paragraph addressing roof types and materials shall be added to the Development Guidelines; (d) Page 85 shall be revised to eliminate the reference to chain-link fencing; (e) The sign plan must allocate a specific amount of square footage, based on the requirements of the Bozeman Municipal Code for each tenant space or building and clarify that no internally illuminated signs will be permitted; (f) The role and structure of the "Northside Design Review Committee" must be clearly identified in the beginning of the Development Guidelines along with the statement that: "All subsequent development review applications must receive approval from the Committee prior to submitting the application to the City." 12. All code provisions shall be met, in particular, the following: (a) Per Section 18.34.1 00.C.1, 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. (b) Per Section 18.34.100.C.2, 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, his 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 County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. (c) Section 18.36.060 requires that within one (1) year following the approval of a preliminary plan, the applicant shall file with the Planning Department a final plan. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants, and storm drainage) are installed and completed in accordance with City rules and regulations. Extensions may be granted as stated in the UDO. The timing of all extensions of final plan approval shall be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. The final PUD plan must be submitted and approved prior to additional site work. 12-19-05 (d) (e) (f) (g) (h) (i) G) - 24- Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the final site plan submittal. Lighting cut-sheets shall be provided with the final PUD plan. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. Page 35 shall be revised to specify who will be responsible for trash removal. Section 18.46.040.D states that disabled accessible spaces shall be located as near as practical to a primary entrance. Parking spaces and access aisles shall be level with slopes not exceeding 1 :50 in all directions. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall state "Permit Required $100 Fine." At least one (1) of the disabled accessible spaces shall also be signed "Van Accessible" and must be eight (8) feet wide with an eight (8) foot wide striped unloading aisle/ramp. Section 18.46.040.E states that all developments shall provide adequate bicycle parking facilities to accommodate employees and customers. The location and details for the bike rack shall be provided in the final site plan. Section 18.48.060 "Landscape Performance Standards" requires 23 landscape points for projects with "residential adjacency" as defined in Section 18.80.1730. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. Cash-in-lieu of open space is subject to the provisions of Section 18.50.030. Chapter 18.52 requires a comprehensive signage plan and the review and approval of all individual sign permit applications prior to the sign construction and installation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. (k) Discussion ~ FYI Items (continued) (12) Assistant City Manager Ron Brey reminded the Commissioners that last spring, a group of business owners along North 7th Avenue requested $50,000 in economic development monies for a plan for improvements to that corridor, and that request was approved along with tentative approval of up to $200,000 as matching monies for implementation of that plan. He stated that the consultant selection process has been completed, and Winter and Associates has been selected to complete the work. That 12-19-05 - 25- proposal is in the amount of $56,000 and, with additional trips and public participation desired, that cost could rise to $65,000. He asked if the Commissioners would be willing to consider funding the additional amount from the same source; all of the Commissioners indicated a willingness to do so. Adjournment ~ 9:15 o.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. AN ATTEST: ~J~ R IN L. SULLIVAN City Clerk 12-19-05