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HomeMy WebLinkAbout2005-12-05 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 5, 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 5,2005, at 6:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Public Safety-Police Mark Tymrak, Director of Public Safety-Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Robin Sullivan. Sianina of Notice of Soecial Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. Work Session - overview of desian auidelines for historic oreservation and conservation overlav districts and continued review of orooosed UDO revisions Assistant Planning Director Chris Saunders noted that this is the second phase of the updated plans for entry overlay corridors approved by the Commission about a year ago. He stated that public hearings are scheduled before the various advisory boards over the next two weeks, with the Commission holding its public hearing on December 19. He noted that the Secretary of Interior Standards is currently used for evaluation of projects; these guidelines supplement those standards with common design principles. He indicated that this document is intended to provide information and direction to those interested in acquiring and rehabilitating older and historic properties. Historic Preservation Planner Allyson Bristor gave an overview of the document's table of contents and the layout of each chapter. She noted that the document is designed to be educational, helping people understand why getting a certificate of appropriateness approved may take four to five weeks. She stated that this document breaks out the historic areas and conservation overlay districts and further separates residential from commercial properties. She then suggested that, as areas reach 50 years old, she anticipates new districts will be formed, particularly around the University. She indicated that some of the information has been pushed into appendices to avoid creating a document that was overwhelming rather than educational. The Historic Preservation Planner stated that this document includes many pictures to illustrate the various points and elements; and she is pleased that all of the pictorial examples are from Bozeman. Responding to Commissioner Kirchhoff, the Historic Preservation Planner confirmed that the main floor of a downtown building is typically around 14 feet; however, it is not possible to require that they all be the same height. She stated that these guidelines are designed to ensure that the glazing elements are preserved and that they are not hidden through the use of awnings or other facade treatments. The Assistant Planning Director noted that under the public hearing, these guidelines will be considered as a text amendment to the unified development ordinance. Assistant Planning Director Chris Saunders continued review of the proposed revisions to the unified development ordinance, beginning with No. 65. He indicated that under this revision, three elements are to be added under the provisions for planned unit developments. He noted that staff has responded to each of those three elements and, following review, the Planning Board found that the items were either redundant or created more of a burden on applicant and recommended that none of the items be forwarded. A majority of the Commissioners concurred with the Planning Board's recommendation to not forward the revision. 12-05-05 ~ 2 - The Assistant Planning Director noted that No. 67 proposes to edit the planned unit development chapter to indicate it must generally support the chapter. The staff objected fairly strongly because of the uncertainty it would create, and the Planning Board concurred that it should not be moved forward. Four of the Commissioners indicated concurrence with the recommendation to not consider this proposal any further. Assistant Planning Director Saunders stated that the Planning Board continued its consideration of No. 68, which interacts with the parkland edits. Commissioner Krauss expressed his support for deferring consideration of this item until after the Parks, Recreation, Open Space and Trails Plan has been updated; a majority of the Commissioners indicated support for the delay. Commissioner Youngman cautioned that the Community Affordable housing Advisory Board is adamantly opposed to deferring parkland requirements for low-income housing projects since those on low incomes are often the ones that need park amenities the most. The Assistant Planning Director noted that No. 69 allows commercial development in any residential zoning district under the planned unit development process. He noted the Planning Board was evenly split on this item. Commissioner Krauss stated he find that predictability outweighs the benefits of flexibility in this instance; a majority of the Commissioners concurred not to forward this revision. Assistant Planning Director Saunders indicated that No. 73 expands the options for allowing off~site dedication of parkland to meet the point standards for a planned unit development. Following discussion, a majority of the Commissioners agreed that this revision should be moved forward through the process. The Assistant Planning Director turned his attention to No. 86, which addresses lighting on a detached fueling location, such as a canopy. He noted that staff feels this item is largely addressed, and Planning Board has forwarded a recommendation to move the amendment forward. A majority of the Commissioners agreed to forward this revision for further consideration. The Assistant Planning Director stated that No. 87 refers to automotive facilities and oil/water separators. He noted that the Planning Board has recommended this item be moved forward, and staff suggests it may be addressed through a text amendment or through cross referencing within the code. A majority of the Commissioners indicated support for addressing this item through a cross reference. City Manager Chris Kukulski asked the Commissioners to consider an amendment that has not yet been submitted through the process, to allow businesses like Costco and Albertsons to install fuel pumps. Assistant Planning Director Chris Saunders stated that under the current code, gas stations are allowed only at corners where there is direct access to an arterial. City Manager Kukulski suggested that the code revisions could be written with appropriate standards that preclude undesirable impacts on roads around the sites where gas stations are being considered. The Commissioners expressed their strong interest in adding this item to the list of revisions to be considered. Assistant Planning Director Saunders stated that the current code does not allow corrugated metal on car washing establishments, and revision No. 88 would remove that restriction. Three of the Commissioners indicated support for proceeding with the revision to remove that restriction, with the requirement that the corrugated metal be combined with another exterior finish. The Assistant Planning Director indicated that No. 96 would remove the restriction of 75,000-square- foot limitation on store sizes. He reminded the Commission that there are three ways in which to exceed that limitation under the current code. 12-05-05 .3. Commissioner Youngman reminded the Commissioners that the current code provisions are the result of the recommendations from a broadwbased task force and indicated she does not support the proposed revision. A majority of the Commissioners concurred that this revision should not be forwarded. The Assistant Planning Director noted that No. 97 focuses on design standards for large scale retail, and would allow an application to simply meet rather than exceed those standards. A majority of the Commissioners indicated they do not support moving the revision forward. Break M 6:50 to 7:00 p.m. Mayor Cetraro declared a break from 6:50 p.m. to 7:00 p.m., to prepare for the regular meeting. Pledae of Alleaiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Cetraro asked that, during the moment of silence, everyone remember former Assistant Chief of Police Bill Kayser, a 26.year veteran of the Bozeman Police Department, who is in critical condition in a Missoula hospital as the result of an auto accident over the weekend. City Manager Kukulski requested that Commission Resolution No. 3877 be removed from the Consent Items for discussion. Minutes M Julv 5. July 11. July 18, Auaust 1, Auaust 15, SeDtember 6. September 12. October 3, November 7. November 14. November 21 and November 28,2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of November 14 be approved as submitted and that the minutes of the meeting of November 28, 2005, be approved as amended. 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. 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, November 7, and November 21 , 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Ordinance No. 1657 - establishina policv providina for the sale of advertisement space on municipal yehicles and other municipal property: provisionallv adopt and brina back in two weeks for final adoption ORDINANCE NO. 1657 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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.. Commission Resolution No. 3878 M expandina business imorovement district to the north. east and west of the existina district 12-05-05 -4- COMMISSION RESOLUTION NO. 3878 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, EXPANDING THE BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA. Acknowledae receipt of Detition for annexation of 0.455-acre Darcel described as Tract A. COS No. 526 (3100 Waaon Wheel Road) Acknowledae receipt of staff report M annexation of 0.455-acre parcellvina southeast of intersection of South 3rd Avenue and Waaon Wheel Road (3100 Waaon Wheel Road) (AM05012) Ratify City Manaaer's sianature on Memorandum of Understandina and Aareement with Montana State University authorizina MSU police deoartment to issue citations into Municioal Court Authorize City Manaaer to sian M Full Access Easement for Lot 5. Minor Subdivision No. 340 (for First Security bank at intersection of Cottonwood Road and Huffine Lane) Approval of park master plan for Oak Sprinas Maior Subdivision. subiect to conditions in memo dated December 5. 2005 Authorize staff to beain coordination with aooroDriate aovernmental aaencies to develop scope of work and fundina structure for update to transportation plan Authorize staff and Recreation and Parks Advisorv Board to utilize Dlannina area and populations for update to the Parks, Recreation, Open Space and Trails (PROST) Plan that were developed for the watewater stormwater Dlan Authorize and direct staff to utilize plannina area and populations for update to the Bozeman 2020 Community Plan that were developed for the watewater stormwater plan. continue to focus on coordinated land use and infrastructure plannina, and update factual data and policies of the plan ADProval of renewal of beer. wine and Iiauor licenses for Calendar Year 2006 - 57 applications totallina $24.800 Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, 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 Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Commission Resolution No. 3877 - In support of public transportation services and recognizing HRDC as recipient of Section 5311 funds Included in the Commissioners' packets was a copy of Commission Resolution No. 3877, entitled: COMMISSION RESOLUTION NO. 3877 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, IN SUPPORT OF PUBLIC TRANSPORTATION SERVICES. City Manager Kukulski reminded the Commission that this item had been removed from the Consent Items for public comment and discussion, at Commissioner Hietala's request. He then noted that this resolution would allow for a public transportation system pending the creation of a more permanent system. 12-05-05 - 5 - Ms. Stacey Haugland, Co-chair of Transit Now!, asked that this resolution be scheduled on a future agenda to allow for maximum public participation. She noted that, through an open bid process, a consultant was hired to develop a plan for public transit, at a cost of $38,000. The transit task force, however, has chosen to ignore the report and has developed its own transit plan under which hundreds of thousands of dollars are to be awarded to an organization that has two members on that task force. She noted this does not look good and reiterated her request that this be scheduled for a future meeting. Mr. Jarvis Brown, former City Commissioner and Co-chair of Transit Now!, stated he was involved in the initial transit study in 2002, which recommended the formation of an urban transit district (UTD). He feels that pursuit of that district should be continued, and he is concerned that the creation of an interim transit program may slow or stop that process. He is also concerned that the funding for the proposed program may be inadequate, since it suggests adding three hours of service per day without any increase in funding. He noted this proposal appears to have been developed outside the public eye by those with a vested interest in its outcome and asked that the decision be postponed until it has been subject to an opportunity for more thorough public input. Mr. Don Mazolla, 624 North Montana Avenue, acknowledged that he does not know much about the issue, but is concerned that it appears this item is being considered without adequate public input. Ms. Yvonne Redmond, 2131 Sourdough Road, indicated she is an advocate of more open citizen participation and requested that this item be delayed to accept public comment. Mr. Jon Gerster, 719 North Wallace Avenue, voiced his concurrence with the previous speakers. Commissioner Kirchhoff stated that, as the Commissioner liaison to the task force, he does not agree with many of the comments made. He noted that every meeting of the task force was duly noticed and minutes taken. He stated that the task force voted unanimously to recommend taking this action to combine the ASMSU and HRDC/GalaVan services as an interim service, thus providing an expanded service without huge upfront costs. He stated that the task force continues to work with the consultants to completed Phase II of the scoping process and putting the urban transportation district before the voters. He concluded by expressing his support for placing this resolution on a future agenda to allow for more public input prior to taking action. Commissioner Youngman suggested that this item be considered at a special meeting on December 12, to allow for additional public comment. She noted that she would like to have responses to the questions that have been raised during this public comment. She also asked for clarification on some of the language in the resolution and asked how differences between the City of Bozeman, the City of Belgrade and Gallatin County might be resolved. Commissioner Krauss expressed his concern about the accusations that have been made, characterizing them as red herrings and an attempt to delay the process. He noted that the task force has put in a lot of time and has forwarded a unanimous recommendation and, while he does not mind delaying the decision a week, he is uncertain how it might change the result. He stressed that this recommendation is the result of an open and public process and noted that this item was originally listed on the consent agenda due, in large part, to the lengthy agenda for this meeting. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that action on Commission Resolution No. 3877 be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Public comment No comment was received under this agenda item. 12-05.05 - 6- Proposed installation of traffic sianal at the intersection of South Willson Avenue and West Colleae Street Included in the Commissioners' packets was a memo from Director of Public Service Arkell forwarding responses to questions and issues raised during the November 14 Commission meeting. Also included in the packet was a letter from Shirley Gerhardt, 1006 South Black Avenue. Distributed just prior to the meeting were letters from Don Kreitz, 2001 Fairway Drive; Karen Walsh, 921 South Willson Avenue; and Kathleen Reynolds and Michael Reynolds, 901 South Willson Avenue. Director of Public Service Debbie Arkell highlighted the information included in the packet. She noted that, as a result of the November 14 Commission meeting, the Montana Department of Transportation (MDT) staff looked a design of the intersection that provides a left turn lane for northbound traffic but not for southbound traffic. She drew attention to a revised design that provides for that, noting that it addresses most of the neighborhood concerns expressed and minimizes the amount of on.street parking lost as a result of the new street design to accommodate the proposed traffic signal. She stated that the MDT staff also looked at the possibility of a roundabout, as suggested by residents at the November 14 meeting. She showed a diagram of a 1 OO-foot roundabout that could accommodate turning maneuvers for 40-foot school busses but would allow large tractor-trailer rigs to make straight through maneuvers only. She indicated that this design would result in the elimination of parking at all four corners and would require the purchase of 300 to 500 square feet of right.of-way at every corner of the intersection. She concluded by stating that MDT staff will also provide responses to the new proposal that was faxed to the MDT by neighborhood residents earlier today. Mr. Roy Peterson, Project Engineerforthe Montana Department of Transportation, reviewed various elements of the design for the roundabout, noting that the crosswalks are set back from the intersection to allow for stacking of one vehicle between the yield sign and the crosswalk, since those entering the roundabout must yield to circulating traffic. Responding to City Manager Kukulski, the Project Engineer confirmed that the parking restrictions would be similar to those proposed with the designs, with the possibility that additional restrictions would be required along the north side of West College Street. Mr. Mike Miles, 822 South Willson Avenue, noted he was one of the original founders of the south Willson Improvement Association. He indicated that his primary concern is not parking; it's preserving the character of this pristine historic neighborhood. He voiced his appreciation for this roundabout alternative, stating he finds the traffic signal would be inappropriate and result in cuHhrough traffic on adjacent streets. Mr. Wade Pannell, 725 South Willson Avenue, expressed his thanks for the new proposed design, noting that the previous plans did not address the historic concerns of the area beyond painting of the light standards. He noted the key concerns of the residents is the historic nature of the neighborhood and a strong interest in seeing that the historic values and uses are not degraded. He identified parking and safety as key concerns, stating that the proposed traffic signal would result in increased noise and light pollution. He noted that hazard elimination funds may be spent on traffic calming devices only. He then distributed a handout of the intersection, noting that the east leg if the intersection seems to be the problem. He indicated his preference is a solution that maintains the existing traffic patterns and increases safety without the installation of a traffic signal. Ms. Jane Klockman, 713 South Willson Avenue, noted that two meetings were scheduled last week with representatives from the Montana Department of Transportation and the State Historic Preservation Office. Both of those meetings were cancelled due to the weather; however, telephone conversations help to begin developing a rapport that she wants to see continued. She noted that this past weekend, over 500 people toured three historic homes in the neighborhood, and she wants to see steps taken to preserve and enhance this historic neighborhood rather than put it in jeopardy. She stated that fine historic districts attract visitors to the community and, if visitors stay one night longer, Bozeman could see additional tourism revenues. Mr. Jim Devitt, 613 South Willson Avenue, noted he is a long-term member of the South Willson Improvement Association. He thanked the Montana Department of Transportation for its willingness to work with the neighbors, and expressed disappointment in the Commission memo. He reminded the Commission that the proposal submitted by the neighborhood was a package, and none of the elements can stand on its own. He identified traffic calming devices as very important, not only in this neighborhood, but in all of 12-05.05 - 7 - Bozeman. He asked what the consequence of one more traffic light on South Willson Avenue might be and cautioned that one of them might be to funnel more traffic onto Willson. He also suggested that the Commission may need to consider designating West College Street as an arterial. He concluded by stating he truly believes another traffic signal will have unintended consequences and lead to the demise of a wonderful place. Mr. Brian Caldwell, 733 South Tracy Avenue, stated the previous speakers do not represent the entire neighborhood, noting that the neighborhood's plan does not allow him to go west from the intersection. He voiced his strong support for a traffic signal at this intersection, stating he feels it will create the safest crossing possible. He concluded by noting a number of historic neighborhoods have traffic signals, and he feels one is appropriate at this location. Ms. Joanne Jenson, 804 South Willson Avenue, stated she is concerned about the proposal, which removes parking in front of her home and the loading zone. She cautioned that the lack of parking will negatively impact her child center and asked that any changes at this intersection not result in compromising the safety of the children. Ms. Rachel Wallace, 401 South Willson Avenue, noted that at the November 9 meeting, a number of people from the South Willson/Tracy/Grand Avenue area asked what studies have been done and if the possible effects of various options have been identified. She cited several other instances where the Commission went through a lengthy process to ensure that all of the issues were addressed prior to taking action and requested that it do so again in this instance. Commissioner Kirchhoff recognized that signalization of this intersection is contentious and asked for Montana Department of Transportation response to the option suggested by the neighborhood as well as other possible options. Mr. Roy Peterson cautioned that a tabletop or speed hump on an arterial effectively reduces the capacity of the street since the speed goes down and the density goes up, and the result is reduced gaps between vehicles. He stated that, since the lack of gaps between vehicles is one of the major problems facing traffic turning onto or crossing South Willson Avenue, a tabletop or speed hump would only compound the problem. He also cautioned that cutting off access to West College Street will only move traffic to another street and another intersection. Responding to Commissioner Kirchhoff, City Manager Kukulski stated that any reduction in the capacity of South Willson Avenue will push traffic to other north/south streets. He recognized that a grid pattern is being developed to the south and west, but cautioned that those streets will be picking up the additional traffic from that new development and, as a result, he does not anticipate any substantial reduction in traffic on South Willson Avenue. Responding to Commissioner Krauss, Mr. Peterson stated that he recently took a roundabout training course, in which the guru on roundabouts observed that there are 100 ways to design it wrong and 1 way to design it right. He noted that a roundabout is not assigned a level of service, but is assessed based on the approach delay and the queue. He indicated that, in this instance, he applied the peak hour figures, with 1 percent of those vehicles being trucks, and 100 pedestrian crossings at peak times. The results were no delays on West College Street and up to a 20-second approach delay for traffic on South Willson Avenue. He noted that traffic must slow to approximately 15 miles per hour to negotiate the roundabout and acknowledged that, while it can handle 20,000 to 25,000 vehicles per day, it will result in backups at peak hours. He indicated that the traffic circle as shown is a 1 OO~foot inscribed diameter, which is the minimum for an urban single-lane roundabout. He noted that large trucks will be able to straight through it but will not be able to turn. Responding to Commissioner Kirchhoff, Mr. Peterson stated that pedestrians fare as well at a roundabout as they do at a signalized intersection, particularly when the crossing is 25 feet behind the yield sign and they have refuge at the splitter island. Further responding to Commissioner Kirchhoff, Mr. Peterson suggested that traffic on West College Street could be shifted slightly to retain at least most of the loading zone for the child care center with the installation of a roundabout. He indicated there would be no parking allowed on South Willson Avenue because it is important to maintain a clear path leading into the roundabout on those legs. 12.05-05 - 8 w Responding to Commissioner Youngman, Mr. Peterson stated that in the roundabout as designed, a bicycle would maneuver through like any other vehicle unless the rider chose to become a pedestrian and walk through the intersection. He indicated that a roundabout can be designed and successfully installed in a built up area, althou~h it is not always easy to do so. He then stated the Marvin and Associates report suggests that South WiI son Avenue is operating at capacity, but that the traffic levels have not changed much in the last ten years. Responding to Commissioner Hietala, Mr. Peterson indicated it may be possible to reduce the arrow width on West College Street east of South Willson Avenue because of the low traffic volumes and speeds; however, it is imperative that the approach taper be correct Responding to Commissioner Kirchhoff, Mr. Peterson stated that after listening to the community, he believes the roundabout is the best option for addressing the safety issues at this intersection. He estimated that the costs could be $100,000 or more. Commissioner Kirchhoff recognized that the rightwof-way issue is a huge unknown with the roundabout option. He then voiced his interest in forwarding both the traffic signal and the roundabout to the next level. Commissioner Youngman agreed that it is appropriate to further explore the two options; however, she suggested that the Commission voice preference for the roundabout alternative as long as the right-of- way and cost issues can be resolved. Commissioner Krauss noted that he uses South Willson Avenue an average of once a day, and he does not want to see it compressed or clogged. He cannot support the installation of a traffic signal at this intersection or speed humps. He noted, however, that he is intrigued by the roundabout option and is willing to proceed gingerly with further considering that option. Mayor Cetraro indicated his support for proceeding with further consideration of both the roundabout and a traffic signal without a left turn lane at the signal. Mr. Jeff Ebert, Butte District Administrator for the Montana Department of Transportation, asked that the Commissioners take official action to ask the MDT to proceed under the two options that have been identified. He noted that they feel they have compromised as far as they can and still provide a safe intersection for the traveling public. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission recommend to the Montana Department of Transportation that both the proposed traffic signal and roundabout at the intersection of South Willson Avenue and West College Street be forwarded to the next step in the process, with preference given to the roundabout first and a traffic signal with no eastbound left turn lane as the alternative option. 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 being Commissioner Krauss. Growth Policv Amendment M to establish a 8ubMarea plan for Churn Creek Annexation and adiacent oroDerties (P-05056) This was the time and place set for the public hearing on the growth policy amendment requested by CT A Landworks Group and Bechtle Slade PC for Churn Creek Partners, LLC, under Application No. P-05056, to establish a subarea plan 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 requested that this item be continued to a date uncertain, noting that it will be after the first of the year and indicating that the annexation and zone map amendment scheduled for consideration at the December 19 meeting. 12-05-05 - 9 - Mr. Steve Ziegler, 2531 Whitetail Road, noted his property abuts the north edge of this parcel. He stated that he attended the neighborhood meeting on Saturday, where three sub-area plans with 500 to 300 dwelling units were proposed. He stated that eight to ten houses could be constructed on the site if it were developed within the county, and that comparison left many of those attending the meeting wondering about the proposed density. He stressed that the bench should be preserved and, as a result, only low-impact development should be considered. He indicated that, based on existing development densities, the proposed development of this 313-acre parcel seems out of character. He encouraged the Commission to also consider the vacant land around this site when it considers the site itself, since it could trigger additional development. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the public hearing on the growth policy amendment to establish a sub-area plan on 313.95 acres lying along the east side of Story Mill Road, immediately east of the City's landfill be continued to date uncertain per staff's request. 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 Map Amendment M establish initial municipal zonina desianation of "RMS". 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-05247) This was the time and place set for the public hearins on the zone map amendment requested by CTA Landworks Group and Bechtle Slade PC for Churn reek 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. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the public hearing on this zone map amendment be continued to December 19, per staff's request. The motion carried by the following Aye and No vote: those votin~ Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner rauss, and Mayor Cetraro; those voting No, none. Intent to chanae name of that Dortlon of "Enterprise Road" Iyina between Reeves Road West and North 19th Avenue within the Walker Property Planned Unit Development Subdivision to "Venture Way" This was the time and place set for the public hearing on the intent to change the name of "Enterprise Road," lying between Reeves Road West and North 19th Avenue within the Walker Property Planned Unit Development Subdivision, to "Venture Way." Public hearing Mayor Cetraro opened the public hearing. Engineering Assistant Andy Kerr presented the staff report. He noted that the Gallatin County GIS Department has asked that the City change the name of "Enterprise Road" in the Walker Property PUD Subdivision since it is so similar to "Enterprise Boulevard" in the Genesis Business Park. He stated that having similar street names can cause problems for emergency services, which is the basis for the requested name change. The Engineering Assistant stated that Enterprise Road is a short connector street near the Blue Basket. He indicated that the adjoining property owners have been notified, and no comment has been received. He noted that, based on its review, staff has forwarded a recommendation that the Commission authorize and direct staff to bring back a resolution enacting the name change to Venture Way. 12-05-05 - 10 - No public comment was received on this item. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission authorize and direct staff to bring back a resolution enacting the requested name change from "Enterprise Road" to "Venture Way" on the street lying between Reeves Road West and North 19th Avenue within the Walker Property Planned Unit Development subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Conditional Use Permit for StoneRidae Sauare Planned Unit Development - amend master plan and development auidelines for StoneRidae Planned Unit Develooment to allow multi-tenant buildinas in the "B-1" zonina district to exceed 10.000Msauare-foot maximum ground floor area cap. with deviation from Section 18.52.090, Bozeman Municipal Code. to allow 20 percent more sianaae as it applies to total sauare feet and pole sian heiaht M Sprinaer Group Architects for StoneRidae Partners. LLC (ZM05183) This was the time and place set for the continued public hearing on the Conditional Use Permit for StoneRidge Square Planned Unit Development, as requested by Springer Group Architects for Stone Ridge Partners, LLC, under Application No. Z-05183, to amend the master plan and development guidelines for StoneRidge Planned Unit Development to allow multi-tenant buildings in the "B-1", Neighborhood Business, district to exceed the 1 O,OOO-square-foot maximum ground floor area cap, with a deviation from Section 18.52.090 of the Bozeman Municipal Code to allow 20 percent more signage as it applies to the total square feet and pole sign height. The subject property lies along the west side of North 19th Avenue between West Oak Street and Tschache Lane. Public hearing Mayor Cetraro reopened the continued public hearing. Associate Planner Jami Morris presented the staff report. She reminded the Commissioners that the public hearing was opened and conducted on October 17, at which time they directed applicant and staff to come back with revised plans. She reminded them that the property has commercial zoning designations on the eastern portion and a residential designation on the western portion of the site. She reminded the Commission that the site plan has been essentially set and the subdivision has been approved. She noted that, in conjunction with the Conditional Use Permit, the applicant is seeking relaxations to allow for concurrent construction; to allow buildings in the "B-1" zone to exceed the gross allowable footprint; and to allow a 20-percent deviation for all signs within the complex, including pylons, wall signs, and pole sign height. The Associate Planner drew attention to the suggested building elevations and the locations of some of the major tenants. Associate Planner Morris stated that the Design Review Board has recommended approval of this application, subject to several conditions. She noted staff also recommends conditional approval of the Conditional Use Permit; however, staff recommends that the deviation for signage be for the "B-2" zone only; that concurrent construction be allowed; and that the deviation for exceeding the gross allowable footprint in the "B-1" zone not be approved. She noted that the guidelines for the Stone Ridge Square Planned Unit Development Subdivision allow for structures of up to 1 0,000 square feet with no more than 6,000 square feet per tenant, which already exceeds the 5,000-square-foot size limitation for structures in the "B-1" zone. She concluded by noting the Design Review Board forwarded a recommendation for approval without the elevations being available for their review. Mr. Lowell Springer, architect representing the applicant, noted that at the last meeting, the Commission encouraged them to take a hard look at using franchise architecture and, as a result, the new elevations reflect a change in the exterior treatment, materials, building fenestrations, and roof forms. He noted that the Design Review Board's review of the new plans was positive. 12-05-05 - 11 - Mr. Springer indicated concurrence with the staff recommendations, except for two. One of those pertains to the size of the buildings. He reminded the Commission that previous conceptual plans included larger structures for a downtown feel within the "B-1" zone, and asked that the footprints reflected on these plans be allowed. He then turned his attention to the proposed parking. He noted that analysis of the original plan showed 714 spaces when, actually, there were 674 spaces shown. The minimum parking required is 646 spaces plus 14 handicapped spaces, for a total of 660 spaces. As a result, the 674 parking spaces shown is slightly above the minimum required but well below the 820 allowed through the deviation process. He noted that, once he explained these issues to the Design Review Board, they agreed that both requested relaxations should be approved and concluded by asking that the Commission approve the project as recommended by the ORB. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Commissioner Kirchhoff, Associate Planner Morris stated that it is inconsistent to allow a building larger than 5,000 square feet in the "B-1" zone, except in this instance, the Stone Ridge PUD allows for up to 10,000 square feet. She voiced concern that 14,000 or 16,000.square.foot buildings can be construed as smaller retail and that those larger buildings would have the look and feel of a "B~2" zone rather than the "B-1" zone. Commissioner Youngman suggested that, if the intent is to create a mini-downtown feel, it may be preferable to construct separate buildings, that might possibly be touching, in a business setting. Responding to questions from Commissioner Youngman, the Associate Planner stated that, prior to this summer, staff was comfortable with 5,000-square.foot buildings that might have no connection but a common wall; however, she noted that the Commission has given the impression that is not in keeping with the code. Commissioner Hietala noted there is a rapid transition between the Home Depot and the "B-2" development to the south, through the "B-1" zone to West Oak Street. He feels that the three buildings proposed within the "B-1" zone make the transition fairly well. Commissioner Krauss stated that he supports the recommendations from staff and the Design Review Board's recommendations regarding the footprints for the shops and the bank within the "B-1" zone. Mayor Cetraro voiced his agreement with the previous Commissioner comments. Commissioner Youngman voiced her disagreement with the previous Commissioners, stating that this plan is "a mockery of B-1 zoning;" rather, it is B-2 under another name. She voiced concern that development within this subdivision has repeatedly sought further relaxations from those provided under the original approval. She indicated her agreement with the recommendation that the relaxation for signage be limited to the "B.2" zoned property only and with the concurrent installation of the water and sewer infrastructure. She suggested that, to ensure the intent of the "B-1" are is met, the total footprints of the buildings be allowed, but tenants be limited to no more than 6,000 square feet. Commissioner Kirchhoff voiced his agreement that approval of the requested relaxations will not uphold the spirit of the "B-1" zoning district or the zone code. He expressed his sense that the relaxations are being sought to facilitate a possible tenant in the near term; however, he stressed it is not the Commission's job to do that but to provide for positive growth. He concluded by voicing his support for staff's recommendation. Commissioner Krauss acknowledged the Commissioners' comments as they relate to the larger retail buildings, noting he has mixed emotions about the bank. He likes the idea of limiting the tenants in the shops buildings to 6,000 square feet per tenant. He recognized the applicant's efforts to move buildings to the street frontage, allowing greater presence along the street and for parking behind them. He noted, however, he cannot support the plan as submitted. Responding to Commissioner Youngman, Associate Planner Morris indicated the applicants have submitted a multi-tenant signage package that met all of the design requirements. She then noted that the 12-05-05 - 12 - Design Review Board felt the signage was appropriate and appreciated the fact that the lights on the signs are to be shut off one hour after close. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Conditional Use Permit for StoneRidge Square Planned Unit Development, as requested by Springer Group Architects for StoneRidge Partners, LLC, under Application No. Z-05183, to amend the master plan and development guidelines for StoneRidge Planned Unit Development to allow multi-tenant buildings in the "B-1", Neighborhood Business, district to exceed the 1 O,OOO-square-foot maximum ground floor area cap, not to exceed the area in the preliminary plan submittal, with a deviation from Section 18.52.090 of the Bozeman Municipal Code to allow 20 percent more signage as it applies to the total square feet and pole sign height for the "B-2" zoned area only, and to allow concurrent construction of water/sewer services, subject to the following conditions: 1. The PUD shall comply with all approved conditions of the subdivision. 2. The trail along Tschache Lane shall be installed prior to issuance of a Certificate of Occupancy for any buildings within the Stoneridge Square PUD. Trail construction shall meet the minimum City of Bozeman standards and include typical cross sections in the Final PUD Plan. The developer shall coordinate the design with the Superintendent of Public Lands and Facilities prior to submitting the final plan. 3. New development guidelines shall be drafted for Phase 3 that addresses all of the conditions of approval and inclusive of the following: a. No franchise style architecture shall be accepted unless the design draws upon regional design traditions and materials and is compatible and complementary to the StoneRidge Square PUD. b. Masonry (brick, pigmented split face CMU and/or rock) shall be the primary building material and the dryvit and stucco shall be limited to 25% of the building facade or used for architectural detailing (DOP, page 46). c. All of the buildings on the perimeter of the development shall provide glazing in lieu of fenestration to address the streetscape (DOP, page 40). d. The backside of the buildings shall be addressed by the continuation of materials on all sides (DOP, page 41). e. The development guidelines shall indicate that exposed neon is prohibited and can only be used as a subtle lighting element under the soffits or as part of the sign package (DOP, page 55). f. Each building shall provide some additional landscape amenity within their lot such as a foundation planting or raised planters. g. The development guidelines shall indicate that all store fronts shall be brushed anodized versus the stainless currently depicted. h. No translucent awnings. Building awnings shall be fabric or metal only. i. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the final PUD plan and details for the pattern shall be provided in the final development guidelines. 4. Detailed elevations, floor plan, landscape plan, site plan and a color palette and materials sample board shall be submitted for each building prior to final PUD plan or final site plan approval and issuance of a building permit. 12-05-05 - 13 - 5. The B-1 shops shall incorporate units that orient towards the primary north to south drive through the development. 6. Sconce lights and goose neck lights (down lights only) shall be added to the larger retail buildings for accent lighting and to help reduce the overall mass and bulk of the building. 7. The walkway in front of the B-2 in-line structure shall be redesigned to stimulate pedestrian interest. At a minimum a 10-foot-wide sidewalk with street trees in tree grates, lights and benches shall be incorporated into the site design. 8. Both the north to south and east to west drive aisles shall be designed as a typical streetscape with sidewalks, boulevards, street trees and street lights (DOP, page 28). 9. Plazas and seating areas shall be provided around the B-1 shops. 10. The storm water ponds shall be designed as open, landscaped features that are organic in shape and lined with native grasses and indigenous plants (DOP, page 21). 11. The parking provided shall be reduced to the minimum parking required. According to the plans the parking shall be reduced by 34 standard stalls (DOP, page 30). 12. All parking lot lights and internally illuminated signs shall be turned off within one hour of closing. Only security lights will be permitted to remain on throughout the night. 13. The area of the shops buildings (14,800 square feet and 12,900 square feet) and the bank (16,000 square feet) cannot exceed the area depicted in the preliminary plan submittal. 14. Additional landscaping at the rate identified in Section 18.42.100.B.7 shall be planted within the Caroll stream/ditch and the Catron Creek setback to conform to the current regulations and to provide a landscape buffer to the residential units to the west of the Stone ridge Square development. 15. Every building adjacent to an external street shall provide a sidewalk connection from the primary building entrance to the public sidewalk and/or public multi-use pathway. 16. The final site plan for the B-2 in.line structure, the Best Buy and the Petco shall not be granted until the building elevations have been reviewed and approved by the DRB. Furthermore, all site plans within the StoneRidge Square PUD shall be reviewed by the DRB. 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. Break. 9:45 to 9:55 p.m. Mayor Cetraro declared a break from 9:45 p.m. to 9:55 p.m., in accordance with Commission policy. 12-05.05 - 14 - Modifications to relaxations for Baxter Meadows Subdivision Planned Unit Development to allow reauests throuah the CUP process to increase maximum buildina heiaht in "B-2" zone east of Vaauero Boulevard and north of Baxter Lane to 65 feet for all buildinas and roof types: to allow restricted size lots less than 5.000 sauare feet for sinale household detached dwellina: to allow dwellinas constructed on RSLs to not be subiect to Section 18.16.030.C: and to allow affordable housina units to exceed the floor area ratio and to exceed maximum sauare footaae of 1.515 sauare feet on property north of Baxter Lane alona Vaauero Parkway - Cadius Partners for Baxter Meadows Development. LP (Z-G3276A) This was the time and place set for the public hearing on the requested modifications requested by Cadius Partners for Baxter Meadows Development, LP, under Application No. Z-03276A, for relaxations to the Baxter Meadows Subdivision Planned Unit Development to allow requests through the conditional use permit process to increase the maximum building height in the "B-2" zone east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types; to allow restricted size lots less than 5,000 square feet for single household detached dwellings; to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C; and to allow affordable housing units to exceed the floor area ratio and to exceed maximum square footage of 1,515 square feet on property north of Baxter Lane along Vaquero Parkway. Public hearing Mayor Cetraro opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted that the PUD was originally approved in 2004, and the applicants are now seeking four additional relaxations. She indicated that staff has reviewed this application in li~ht of the applicable criteria, and staff's findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of the first three requested relaxations, subject to two conditions. The Contract Planner briefly highlighted the requested relaxations, noting that any building exceeding 44 feet in height must go through the conditional use process. She then noted the other three relaxations pertain to restricted size lots, and would allow those lots to be less than 5,000 square feet for a single detached home and allow units up to 1 ,515 square feet, which may exceed the 1 to 3.3 ratio. She stressed that these relaxations apply to specific lots only within Phase 2C. Responding to Commissioner Kirchhoff, the Contract Planner stated that Caren Roberty, staff for the Community Affordable Housing Advisory Board, is supportive of the smaller lot size but not exceeding the ratio. She indicated that Planning staff feels allowing a larger house on those lots could provide for some additional flexibility in the types of housing provided within this development. Mr. Jason Leep, PC Development, stated the requested relaxations would allow the construction of bungalow houses on the restricted size lots. He indicated that these houses are very effective at providing affordable housing, and suggested that they should be allowed and encouraged. He noted that the current bungalow houses on small lots were not identified as restricted size lot development because that option was not available at the time they were constructed. He asked that the development now be given credit for those existing houses since they meet the criteria. He cautioned that if the existing units are not designated as restricted size lots, the result will be larger RSLs that are less effective. He then indicated that the bungalow houses have four basic plans which are carefully thought out and co-exist with the neighborhoods. He showed a listing of the most affordable homes sold in Bozeman in 2005, noting that 17 of the least expensive were in Baxter Meadows, with 14 of those being bungalow homes; and some of those units exceeded the 1 ,515-square-foot size limitation. He expressed his preference that homes up to 1,800 square feet be counted as restricted size but indicated a willingness to accept a 1,574-square-foot limit. Mr. Greg Allen, applicant, noted that Baxter Meadows Subdivision is a new urbanist subdivision, with walkability and compact construction being components. He also noted that varied building heights will contribute to the development in positive ways, as well as a combination of commercial and residential development. He stressed that they are not trying to re-create downtown; rather, they are attempting to develop a walkable community where people can live, eat and be entertained within ten minutes. He concluded by highlighting the ten principles of new urbanism, which include walkability, connectivity, mixed use and diversity mixed housing, quality architecture and urban design, traditional neighborhood structure, 12-05-05 - 15 - increased density, smart transportation, sustainability, and quality of life. He concluded by encouraging approval of the requested relaxations. Mr. Mike Cok, 3300 Harper Puckett Road, noted that he has watched this subdivision change over a period of time, including the change from country estate lots on the western portion to a more dense urban density. He then asked that, to preserve the lower density on the western portion of the subdivision, the Commission approve the request to count existing development toward meeting the restricted size lot requirement. Mr. Tim Anderson, 4687 East Baxter Lane, noted his property adjoins the subject property. He concurred with Mr. Cok's comments and voiced appreciation for the Commission's support in not increasing density along the western portion of the development any further. Ms. Lisa Anderson, 4687 East Baxter Lane, voiced her support for Mr. Leep's comments regarding restricted size lots. She noted it is important to consider the views of those who have invested in their properties and to not decrease their values and, as a result, she supports calling the bungalow properties in one area of the development restricted size lots in exchange for retaining the larger lots on the western portin of the development. She does not support the requested increase in heights, noted that they will negatively impact views from the regional park as well as adjacent development. She stated that, from their back deck, they can see the two-story buildings, and a five-story building would completely hide their view of the "M" and much of the Bridgers. Ms. Anderson noted the parking is a major factor, even with the bungalows. She then noted that the average height along Main Street is 38 feet. She also noted that she does not feel this application is entirely appropriate from the standpoints of traffic, parking and pedestrians, and indicated her preference for densities closer to those found near the downtown corridors. Mr. Greg Allen showed a slide with a 70-foot-tall building superimposed at the Trakker building. He stated that the applicants are not seeking blanket approval for the building height, but to allow consideration of individual requests. He believes that access to this site is better than it is in much of Bozeman, and that transportation would not be a factor. He concluded by asking the Commission to consider the project as a whole and to approve the requested relaxations. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Mayor Cetraro stated he is struggling with the "B-2" zoning designation in this subdivision, but is willing to look at height on a case-by-case basis. Commissioner Youngman voiced concern that allowing relaxation of the restricted size lots will make a mockery out of one of the Commission's policies. She has no problem with the smaller lots or adjusting the maximum house size beyond 900 square feet for the small lots; however, she does have a problem with going beyond 1 ,200 square feet. She noted there are plenty of successful bungalow examples that work in the market. She concluded by urging the Commission to follow staff's recommendation on the maximum size of dwelling units allowed. Commissioner Krauss stated he can support allowing up to 1 ,575-square-foot structures on restricted size lots, noting that this permits two of the three bungalow styles larger than 1,515 square feet to comply. Responding to questions from Commissioner Kirchhoff, Commissioner Krauss noted that smaller homes are the only way to meet affordability. He has no problem with a "postage stamp yard" and suggested that, with the new middle school being located adjacent to this development, he feels density development is warranted. He feels that, since this type of housing is selling, it is appropriate to allow it to continue within this subdivision. Commissioner Krauss then turned his attention to the requested relaxation to the height limitations, stating that he feels it is appropriate to allow for discussion of heights between 38 feet and 65 feet on a case-by-case basis. 12-05-05 - 16 - It was moved by Commissioner Krauss, seconded by Commissioner Hietala, that the modifications requested by Cadius Partners for Baxter Meadows Development, LP, under Application No. Z-03276A, for relaxations to the Baxter Meadows Subdivision Planned Unit Development to allow requests through the conditional use permit process to increase the maximum building height in the "8-2" zone east of Vaquero Boulevard and north of Baxter Lane to 65 feet for all buildings and roof types; to allow restricted size lots less than 5,000 square feet for single household detached dwellings; to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C; and to allow affordable housing units to exceed the floor area ratio and to not exceed a maximum square footage of 1,575 square feet on property north of Baxter Lane along Vaquero Parkway, be approved subject to the following conditions: 1. Maximum building height in the B-2 (Community Business District) east of Vaquaro Parkway and north of Baxter Lane may be increased up to 65 feet through the approval of a conditional use rermit, but only when the additional height is a specifically identified purpose 0 the review. 2. Any CUP request for an increase in building height up to 65 height shall be accompanied with to scale perspective renderings demonstrating the proposed building size, height and mass from three (3) different locations. 3. The RSL designation shall be restricted to Lots 8-10, Block 12 and Lots 1-4 and 6- 25, Block 13, Baxter Meadows Subdivision Phase 2C. 4. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 5. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recordation shall occur prior to approval of building permits on all vacant lots and after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 6. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. b. A statement of intent to construct according to the final site plan. Such statement shall acknowled!;Je that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 7. That 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 pursuant to Section 18.34.1 00.C.1 of the Bozeman Unified Development Ordinance. 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the 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 pursuant to Section 18.34.1 00.C.2 of the Bozeman Unified Development Ordinance. 12-05-05 - 17- 9. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any wa~ create a waiver or other relaxation of the lawful requirements of the Bozeman unicipal Code or state law. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, and Commissioner Kirchhoff; those voting No being Commissioner Youngman and Mayor Cetraro. Conditional Use Permit - allow apartment buildings UP to 65 feet in heiaht on property at northeast corner of Vaauero Parkwav and Rawhide Street - Cadi us Partners for Baxter Meadows Development. LP (Z-05248) This was the time and place set for the public hearing on the Conditional Use Permit requested by Cadius Partners for Baxter Meadows Development, LP, under Application No. Z-05248, to allow apartment buildings up to 65 feet in height on approximately 6.75 acres described as a portion of Tract 2A, COS 2202A. The subject property is located at the northeast corner of the intersection of Vaquero Parkway and Rawhide Street. Public hearing Mayor Cetraro opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted that this application is to allow 280 neo-traditional high.rise condominium units in buildings of up to 65 feet in height. She stated the subject property is located north of Baxter Lane, approximately about a block and a half from the Trakker Building. She indicated that a 9iood portion of the parking for this development is to be subterranean. She showed renderings of the buil ings from different angles, noting that they demonstrate the building mass and size. The Contract Planner 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, subject to several conditions. Mr. Michael McGullam, Cadius Partners, noted that Vida Urbana means "urban life" in Spanish. He stated this project was conceived afer identifying the market need and then developing a plan for what owner occupants are seeking. He stated that a certain density is necessary to make the project work, thus the requested height. He indicated their goal is to provide a good-looking project that includes renewable energy, a vegetative roof over the subterranean parking area, re-use of stormwater, and a center courtyard. He stated that this project will provide a density of 40 units per acre, with 3.9 acres of the site being landscaped. He noted that retail is anticipated within this subdivision, but dwelling units are needed to support that retail. He concluded by encouraging Commission approval of this application. Mr. Tim Anderson, 4687 East Baxter Lane, stated he has struggled with the proposed height of the buildings in this development. While he agrees with the concepts, he feels the buildings are out of place and stated he feels the master plan for Bozeman does not include 65-foot-tall buildings this far from Main Street. Mr. Mike Cok, 3300 Harper Puckett Road, stated he agrees this is not the place for this type of structure. He further noted that 5-story buildings do not result in walkability, and Baxter Lane is too narrow to adequately serve this type of development. Ms. Lisa Anderson, 4687 East Baxter Lane, stated she loves the downtown and the community's key core area, noting that it has amazingly successful businesses. She suggested a commercial area off Baxter Lane is destined for failure. She concluded by stating this proposed structure is better suited to the campus or downtown than to this area. 12-05-05 - 18- Mr. Brian Caldwell suggested that this area is more affordable for this type of development than downtown. He expressed his hope that this project will result in creating a new center and generate less traffic to the downtown. Mr. McGullam stressed that this project reflects how Baxter Meadows Subdivision was conceptualized. He indicated that the top floor of the building is to be stepped back, with terraces, to reduce the impacts of the building height. He anticipates that young professionals will be the primary residents with empty nesters being the next largest segment of the resident population. He stressed that this project is not designed to compete with the downtown area. Mr. Greg Allen noted that, with the middle school being constructed to the north of this site, it seems that this area is appropriate for density development. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Commissioner Krauss, Contract Planner Windemaker stated that Baxter Lane is a minor arterial. Commissioner Kirchhoff spoke in support of the project, recognizing that it is not perfect but that it reflects good schemes and designs. He acknowledged that this concept maximizes use of the property and will work well with mixed uses. Commissioner Krauss expressed his concurrence with Commissioner Kirchhoff's comments, noting he sees no reason that there can't be several fantastic places in the city. He voiced his appreciation for the structured parking and the interest in providing affordable units. Commissioner Youngman indicated she will support the application with great reluctance because of the height. She is concerned that this area will provide serious competition for the downtown in the future, noting this is not the normal pattern for community growth. Commissioner Hietala stated that, while he has concerns about this project, he does not see how the Commission can disapprove it based on the track the Commission has laid for itself. It was moved by Commissioner Youn~man, seconded by Commissioner Kirchhoff, that the Conditional Use Permit requested by Cadius artners for Baxter Meadows Development, LP, under Application No. Z-05248, to allow apartment buildings up to 65 feet in height on property at the northeast corner of the intersection of Vaquero Parkway and Rawhide Street, be approved subject to the following conditions: 1. The final plat for Baxter Meadows Subdivision Phase 2B shall be approved by the City Commission and recorded prior to final site plan approval. 2. The final PUD plan for Baxter Meadows Phase 2 Modifications shall be approved prior to final site plan approval. 3. Applicant shall verify the provision of the required park land, cash-in-Iieu of park land, open space and active recreation areas in accordance with the Bozeman Unified Development Ordinance prior to final site plan approval. 4. Applicant shall pay cash donation in lieu of land dedication pursuant to 18.50.020 and 18.50.030 of the Bozeman Unified Development Ordinance prior to final site plan approval. 5. A modification of the "Certificate accepting Cash Donation in-Lieu of Land Dedication" shall be placed on the Final Site Plan pursuant to Section 18.50.30.D of the Bozeman Unified Development Ordinance. 12-05-05 - 19 - 6. Emergency access drives shall be maintained open and unimpeded at all times in perpetuity. This shall be addressed in the common area and facility maintenance plan and guarantee. 7. The final plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any wa~ create a waiver or other relaxation of the lawful requirements of the Bozeman unicipal Code or state law. 8. That 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 pursuant to Section 18.34.1 00.C.1 of the Bozeman Unified Development Ordinance. 9. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the 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 pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 10. Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. The stormwater plan that was completed for the subdivision did not include the discharge of groundwater from this site as is proposed. 80th the pond and the storm mains must be increased in size to account for the discharge of groundwater. 11. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements unless one of the following has been met: a. All of the required improvements for phase 2A of the subdivision have been completed and accepted; and the developer of the subdivision meets all of the requirements of Section 18.74.030.0 for phase 28, and applies for the building permits for this project or; b. All of the subdivision improvements for both phase 2A and 28 have been completed and accepted, and the developer of the site meets all of the requirements of Section 18.74.030.C. 12-05-05 - 20- 12. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. This was requested as an exception to the site plan checklist. The exception is not acceptable. The construction route map can simply be added to the vicinity map. 13. All storm drain infrastructure within the site shall be privately owned and maintained, including the entire force main and lift station. See the code provision that requires oil sand separators for floor drains (Le. drains in underground parking areas). 14. Structural calculations shall be provided for the "grass crete" emergency accesses for approval with the final site plan. 15. The City shall not be responsible for any problems that may develop with the underground parking or swimming pool associated with the high ground water in the area. 16. A fire hydrant shall be installed along the Vaquero Parkway frontage in a location approved by the Fire Department. 17. There is a water service shown stubbed to the pool house, but no sewer service. The sewer service shall be shown on the final site plan. 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. Break - 11 :12 to 11 :22 p.m. Mayor Cetraro declared a break from 11 :12 p.m. to 11 :22 p.m. in accordance with Commission policy. Preliminary plat for Bozeman Gatewav Subdivision. subdivide 72.22 acres Ivina alona south side of Huffine Lane/US Hiahwav 191/West Main Street. east of South Fowler Avenue and north of West Garfield Street. into 60 commercial lots and 1 remainina lot for common open space and future residential development. Morrison.Maierle. Inc.. for Mitchell Development Group. Inc. (P-05049) This was the time and place set for the public hearing on the preliminary plat for Bozeman Gateway Subdivision, as requested by Morrison-Maierle, Inc., for Mitchell Development Group, Inc., under Application No. P-05049, to subdivide 72.22 acres described as Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A, into 60 commercial lots and 1 remaining lot for common open space and future residential development. The subject property lies along the south side of Huffine Lane/US Highway 191/West Main Street, east of South Fowler Avenue and north of West Garfield Street. Public hearing Mayor Cetraro opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stressed that this is the first of two applications for subdivision and development of the subject property. He characterized this as a unique application because the Commission is being asked to act on a development manual and master plan for the planned unit development that includes a number of zoning relaxations but does not include any specific development proposal. 12-05-05 - 21 - The Senior Planner noted that the western two-thirds of the site is zoned "B-2" while the eastern one-third of the site is zoned "BP," and that zoning designation does not mirror the land use designation contained in the City's growth policy. Senior Planner Skelton reminded the Commission that a pre-application for this project was considered in February 2005, including a lifestyle center and a convention center. He also reminded the Commission of the physical features of the site, including four watercourses and wetlands. He indicated the necessary permits will be required for stream crossings, and noted that trail corridors are to follow the waterways. He stated some of the reductions in setbacks include encroachments into watercourse setbacks, and noted those are generally in conjunction with the wetlands. He indicated that, based on the proposed mitigation plan and offsite remediation, the Wetlands Review Board has indicated support for the encroachments. The Senior Planner indicated that a lot of activity is already occurring on this property. He indicated that access to the site will be provided via Huffine Lane, Fowler Avenue, West College Street and West Garfield Street; and signalization of the intersection of Huffine Lane and Fowler Avenue is one of the transportation enhancements to be installed by the developer. The interior streets are to be constructed with 60-foot-wide rights-of-way, with some diagonal parking. He then highlighted the trail network to be provided throughout the site. The Senior Planner noted that this subdivision is to provide for mixed use development. The subdivision is to include 10.1 acres of open space which protect the existing watercourses, wetlands, and mature vegetation. Senior Planner Skelton concluded by noting the Planning Board conducted its public hearing on this application. Following that hearing, the Board was unable to forward a formal recommendation; ans a result, the staff recommendation for approval has been forwarded for consideration, along with amendments and additional conditions as discussed by the Planning Board. Commissioner Youngman expressed concern about the long list of relaxations requested; the Senior Planner responded that those relaxations pertain to the zoning application rather than the subdivision application. Mr. Mark Masek, partner in the project, stated the major goal is to provide something special to Bozeman. To that end, he noted they have done a significant amount of planning to get the right project that conforms with the Bozeman 2020 Community Plan. He indicated this is to be a mixed use development, with office space, restaurant space, medical space, a cinema, and hospitality industry to be included. He recognized this is a prime entryway to the community, with many natural amenities that can enhance the site. He indicated that the transportation system improvements will meet the goals of the Greater Bozeman Area Transportation Plan, 2001 Update. Since this property is bounded by major streets, access to the site will be from all four sides. Mr. Masek noted that Fowler Avenue has been rerouted to avoid sensitive areas, and they will be working to enhance the wetlands and retain three of the stream corridors in their natural state. He indicated that a lot of attention is being paid to trails, with over two miles of trails being provided on this site, including a paved trail adjacent to Huffine Lane that helps enhance pedestrian safety along that roadway. Mr. Masek concluded by expressing his commitment to the community and interest in providing high quality in design and a model project. Mr. Greg Stratton, consulting engineer, voiced concern that Condition Nos. 6 and 15 seem to conflict, since one calls for a 10-foot-wide path while the other calls for a 6-foot-wide path. Mr. Brian Caldwell voiced concern about the wetlands and open space and questioned whether the community really needs this development. He concluded by urging the Commission to not approve this subdivision. Mr. Tom Hines, Coordinator of the Wetlands Legacy, distributed copies of a brochure on the types of programs that the agency is involved in and the in-lieu fee for aquatic program. He noted that the wetlands are bisected by the Farmers Canal and are low functioning wetlands. He then showed pictures of how a wetland area can be rehabilitated and suggested that such steps be taken in this instance. 12-05-05 - 22- Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Commissioner Youngman, Senior Planner Skelton stated the stream corridor setbacks are located within the open space, but the amount of open space provided meets the requirement without counting those setbacks. Further responding to Commissioner Youngman, the Senior Planner indicated he does not believe that Condition Nos. 6 and 15 conflict. Responding to Commissioner Kirchhoff, the Senior Planner stated that the preliminary plat may be approved for three years, with a one-year extension being granted by the Planning Director if necessary. He indicated that any additional extensions must be approved by the Commission. Commissioner Kirchhoff voiced concern that approval of this subdivision could put the City in a position of inflexibility or limited flexibility over the next ten years. He noted this is another large project being considered and questioned if it is best for the City to approve it at this time. He then stated he feels a mix of residential development is needed within this subdivision. Senior Planner suggested that, if the Commission wishes, it could require another review after three years. He acknowledged that there was discussion about a residential component during the pre-application review, but no residential is being proposed at this time. Responding to Commissioner Krauss, the Senior Planner stated that this preliminary plat is for all phases of the subdivision. Planning Director Epple noted that four community centers were identified in the Bozeman 2020 Community Plan, and this is one of those centers. Responding to Commissioner Kirchhoff, Mr. Ted Mitchell, applicant, stated that this development will not destroy the downtown. He noted that Bozeman is growing at a rapid pace, and this development will take over ten years to complete. He anticipates this development will accommodate those needing larger spaces than the downtown can provide. Further responding to Commissioner Kirchhoff, Mr. Mitchell indicated that a residential component was considered but not implemented because a secure parking area would be difficult to provide. In response to concerns voiced by Commissioner Kirchhoff, City Manager Kukulski noted that Bozeman is projected to increase to 50,000 population in a decade, which is the projected build out for this subdivision. Commissioner Krauss expressed concern that, as the City requires better architecture, it increases the threat to downtown. He then suggested that this new lifestyle center will actually be more of a threat to North 7th Avenue, North 19th Avenue, and the existing mall than it will be to the downtown. He recognized that since this subdivision is for commercial development, it will pay its own way for demands on City services. He also recognized the significant street improvements to be done in conjunction with this development. Responding to Mr. Mitchell, Planning Director Epple confirmed that apartments can be constructed on the second and subsequent floors in the "B-2" zoning district. Mayor Cetraro noted that adding apartments makes this more of a community than a regional commercial center. Responding to Commissioner Kirchhoff, Mr. Mitchell stated the groundwater level ranges from 1 foot to 6 feet, thus precluding the option of burying one level of parking below grade. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the preliminary plat for Bozeman Gateway Subdivision, as requested by Morrison-Maierle, Inc., for Mitchell Development Group, Inc., under Application No. P-05049, to subdivide 72.22 acres lying along south side of Huffine 12-05-05 - 23- Lane/US Highway 191/West Main Street, east of South Fowler Avenue and north of West Garfield Street into 60 commercial lots and 1 remaining lot for common open space and future residential development, be approved subject to the following conditions: 1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Raised concrete medians shall be installed on Fowler Avenue with Phase I of the subdivision. 3. The private access onto Fowler between Technology Boulevard and Garfield Street shall be right in-right out only unless a deviation is granted by the City Engineer. This shall be controlled by not installing a break in the median on Fowler for this access. 4. All internal streets shall be privately maintained. The private streets shall be clearly delineated on the final plat, and the provisions of 18.44.020.2 shall be complied with in regard to funding the maintenance of the streets. 5. Several parts of Section 13, Completion Time for Site Development, of the preliminary plat submittal reference "The Applicant or Site Developer". The applicant, not the site developer must be responsible for all aspects of the project until such time as all of the infrastructure is in and accepted by the City. This includes drawing of all building permits. 6. Where a path is being proposed in lieu of standard sidewalk, it must be a minimum of 1 0 feet wide as shown in the Greater Bozeman Area Transportation Plan, unless a relaxation is granted by the City Commission. 7. Flow monitoring shall be performed after construction on 50% of the lots within the subdivisions west side sewer zone as defined in the preliminary plat submittal to determine the remaining downstream sewer capacity. Any required improvements to the downstream system shall be installed prior to issuance of any additional building permits on the lots within the west side zone. This requirement shall be null and void if the Fowler trunk main is installed from Huffine Lane to Cattail Street. 8. The covenants shall require the installation of sprinkler systems in all buildings as called for in the water system hydraulic analysis completed for the project. As an alternative, additional modeling may be performed to show that adequate fire flows exist without the installation of the sprinkler systems. 9. The water system hydraulic analysis shall be revised to only include existing mains and those that are proposed with the project. 10. All stormwater shall first be routed though an approved means of treatment if the Stormtech System is used in lieu of detention or retention ponds. All stormwater facilities that collect runoff from public or private streets shall be installed with the infrastructure for each phase of the subdivision. 11. All improvements necessary to provide adequate level of service for the analyzed intersections must be installed with the project. 12. A one (1) foot wide "No Access Strip" shall be shown on the plat along the entire lot frontage of Fowler Avenue, and Huffine Lane. 13. The sidewalk adjacent to Fowler Avenue shall be 6 feet wide. 12-05-05 - 24- 14. All weather access roads shall be installed to provide access to any sewer manholes that are not located within paved areas. This shall apply to temporary situations caused by project phasing as well as permanent ones. 15. All pedestrian/bike pathways (Le., soft trials) proposed with the subdivision will be constructed to a Type II standard, six feet wide, and the US 191/Huffine Lane/West Main Street pathway constructed to a Type I asphalt pathway, ten feet wide, unless otherwise approved by the Recreation and Parks Advisory Board and the Superintendent of Parks and Public Facilities, that all pedestrian/bike pathways not located in dedicated parkland will be located in a minimum 25-foot wide public access easement, and noted accordingly on the final plat and in the property owner's association documents. A typical cross section of the public trails, both Type I and Type II, shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. 16. That the contractor physically installing said trail improvements shall be required to hold a pre-construction meeting with the City of Bozeman Parks Department prior to proceeding with installation of said trail improvements and provide the Planning Office with written approval by the Park and Recreation Superintendent to proceed with construction of the trail improvements, and that said provisions and trail specifications be noted accordingly in the property owner's association documents for review and approval by the Planning Office. 17. No sanitary sewer and/or storm water mains will be installed within Open Space #2 and/or Open Space #6 along the entryway corridor of US 191/West Main Street or any other open space area(s) designated to satisfy the required open space points for the planned unit development. 18. No underground storm water facilities will be installed within Open Space #2 along the entryway corridor of US 191/West Main Street or any other open space area(s) designated as such to satisfy the required open space points for the planned unit development. 19. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. 20. That the applicant provides documentation prior to final plat approval of the initial phase(s) for The Bozeman Gateway Subdivision P.U.D. of receiving the applicable access/encroachment permits for Chronicle Lane onto West College Street. 21. All areas designated for use as "Common Area" owned and maintained by the property owner association shall not be referred to as lots, but as "Common Areas" and identified according as specific open space areas on the plat (Le., Common Area 8, not Lot C8). Common areas are not subdivision lots and should not noted as such on the final plat. 22. Lot 10, 11, 12 and 13 shall be described on the final plat as four consecutive subdivision lots with adjoining side yard boundaries and the frontage of each lot extending to the right-of-way of Fowler Avenue. The final plat shall also contain a notation on said lots that no structure shall be constructed over the publiC access and utility easements. 23. All subdivision lots shall have frontage onto a public street, approved publiC alley, or public access easement, unless a relaxation to Section 18.42.030.1 "Frontage" of the U.D.O. is granted by the City Commission. 24. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and approval for each phase. If the final plat of the subdivision is filed in 12-05-05 - 25- phases, water rights, or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount determined by the Director of Public Service. 25. That the applicant modify the protective covenants of the property owner's association as outlined in the staff report and that the applicant submit a revised draft of the protective covenants for review and approval by the Planning Office at least thirty (30) days prior to submitting for final plat approval of the initial phase of the major subdivision. 26. All areas for the purposes of open space, stormwater runoff facilities, and other common areas owned and maintained by the property owner's association (Le., off- street parking and open space areas) shall be identified on the final plat as "common area" and/or "common open space", and noted accordingly in the protective covenants of the property owner's association documents. The final plat shall note the area designated to meet the Common Open Space requirements for The Bozeman Gateway Subdivision P.U.D. (12.222 acres). 27. (Section 18.42.040.H) All subdivisions shall clearly delineate subdivision blocks each containing its own grouping of lot numbers. 28. (18.42.060.A.1) All easements shall be described, dimensioned and shown on the final plat in their true and correct location. 29. (18.42.060.B.1.a and 18.42.060.C.3) Building setbacks and permanent structures shall be coordinated with all provided utility easements. Utility easements greater than the required building setbacks shall be noted to that effect and placed on the final plat and/or final plan (i.e., Fowler Avenue and Garfield Street) and noted accordingly in the protective covenants. 30. (18.42.080.F) Storm water facilities shall not occupy more than one-third of a required front yard, including, but not limited to frontage along US 191/West Main Street. All subdivision exhibits that reference surface water ponding along the West Main entryway corridor (Le., drainage basins, storm water runoff facilities, landscape plans, site plans, etc.) shall reflect the same delineation boundary for said ponds, for review and approval by the Planning Office prior to final plat and final plan approval. 31. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of the lots of the subdivision. 32. Construction fencing shall be installed along the required stream setbacks to protect water quality and the adjacent vegetation during construction. Said fencing shall be properly staked and field verified by the Planning Office prior to final plat approval of the first phase and prior to proceeding with surface preparation and/or site construction 33. The subdivision shall comply with all approved conditions of the Planned Unit Development and the subdivision shall comply with the approved Master Plan and Development Manual Guidelines for the Planned Unit Development. 34. The recorded covenants shall indicate that the property owner's association is responsible forthe maintenance of the common open space, wetlands, watercourse setback and trails. Noxious weeds shall be controlled as directed by the County Weed Control District and in accordance with the Montana County Noxious Weed Control Act. The property owner's association shall be responsible for the continued control of the weeds and fulfillment of the revegetation plan. 12-05-05 - 26- 35. That prior to final plat and final plan approval the applicant shall applr; for, and receive approval of, a zone map amendment for the east 21.8 acres rom "BP" (Business Park District) to "B-2" (Community Business District) and 36. The applicant shall obtain and provide the Planning Office with the applicable access permit(s) from the Montana Department of Transportation for the access onto US 191/West Main Street from Harmon Street Boulevard and Chronicle Drive and shall comply with all requirements of the permit. 37. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. 38. A minimum 5-foot wide boulevard sidewalk with a 5Y2-foot-wide boulevard shall be constructed along the north side of Garfield Street with a right-of-way of adequate width to be one (1) on the inside edge of the boulevard sidewalk and noted accordingly on the final plat. A typical right-of-way illustrating the boulevard sidewalk in relationship to the right-of-way shall be submitted with the final plat application for review by the Planning Office. 39. That the applicant submit with the application for final plat review and approval of The Bozeman Gateway Subdivision P.U.D., a written narrative stating how each of the conditions of Preliminary Plat approval and code provisions outlined in the staff report have been met or satisfactorily addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Conditional Use Permit for Bozeman Gatewav Planned Unit Development - allow development of a master plan under an approved development manual and allow multiple relaxations to code reauirements A Morrison-Malerle. Incn for Mitchell Development Group. Inc. (Z-05217) This was the time and place set for the public hearing on the Conditional Use Permit for the Bozeman Gateway Planned Unit Development, requested by Morrison-Maierle, Inc., for Mitchell Development Group, Inc., under Application No. Z-05217, to allow development of a master plan under an approved development manual and to allow relaxations, as follows: (1) from Section 18.20.030.B, Bozeman Municipal Code, to eliminate the 60-percent restriction on impervious surfaces and development of the entire site, exclusive of required yard setbacks; (2) from Section 18.36.060.B, to allow development to be completed in ten years; (3) from Section 18.42.040.B, to allow block lengths to exceed 400 feet; from Section 18.42.040.C., to allow block widths to exceed 400 feet; (5) from Section 18.42.1 00.B.3.c, to allow encroachment into 50wfoot minimum setback along waterways; (6) from Section 18.42.1 OO.B.4.b, to allow required watercourse setback to not include adjacent wetlands; (7) from Section 18.44.030.A.1, to allow streets to intersect at angles less than 90 degrees; (8) from Section 18.44.090.D.3, to allow average spacing of intersections on Fowler Avenue to be reduced from 660 feet to 420 feet; (9) from Section 18.42.150.D.1, to allow horizontal illuminance to be less than 0.1 foot candles; (10) from Section 18.42.150.F, to allow light fixtures and standards that do not comply; (11) from Section 18.44.01 0.A.1, to relax requirements to allow streets to intersect at less than 90 degrees; (12) from Section 18.44.080, to allow soft trails in place of concrete boulevard sidewalks along streets fronting open space/pedestrian corridors; (13) from Section 18.44.090, to relax the average spacing requirements for public streets; (14) from Section 18.44.090.B.2, to exclude the requirement for all lots to have 25-foot frontage on improved public or private street or alley; (15) from Section 18.46.020.D, to allow diagonal parking along Technology Boulevard and Chronicle Lane; (16) from Section 18.18.020, to increase allowable building height in "B-2" district from 44 feet to 146 feet; (17) from Section 18.18.050, to allow encroachment into yard setbacks with off-street parking in the "Bw2" district; (18) from Section 18.20.060, to increase the allowable building height in the "BP" district from 44 feet to 146 feet; (19) from Section 18.20.050, to allow encroachment into yard setbacks with off-street parking in "BP" district; (20) from Section 18.42.030.1, to not have access for all subdivision lots from an improved public or private street or alley; (21) from Section 18.18.040, to allow newly-created lots zoned "B-2" with minimum lot width less than 1 00 feet; and (22) from Section 18.20.030, to allow newly-created 12-05-05 - 27- lots zoned "BP" with minimum lot width less than 150 feet. The subject property lies along the south side of Huffine Lane/US Highway 191 /W est Main Street, east of South Fowler A venue and north of West Garfield Street. Public hearing Mayor Cetraro opened the public hearing. Due to the late hour, it was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing be continued for one week. 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. Discussion - FYlllems The following "For Your Information" items were forwarded to the Commission. (1) Invitation to attend the InterNeighborhood Council's holiday social, to be held at 6:30 p.m. on Wednesday, December 14, at the Lehrkind Mansion. (2) Letter from the Bozeman Ranger District enclosing a revised Memorandum of Understanding concerning a coordinated ecosystem approach to planning in Gallatin County. (3) Copy of a letter from City Engineer Rick Hixson to the Montana Department of Transportation regarding a school speed study and changeable speed signs for Sacajawea Middle School and changeable speed signs on Durston Road for the Emily Dickinson Elementary School. (4) Copy of the agenda for the School District NO.7 Board of Trustees meeting that was held on November 28. (5) Updated listing of planning projects to be considered at upcoming Commission meetings, dated December 5,2005. (6) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, December 6, and at 1 :30 p.m. on Wednesday, December 7, at the Courthouse. (7) Agendas and revised agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board meeting to be held at 7:30 p.m. on Tuesday, December 6, in the Commission Room. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, December 7, at the Professional Building. (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, December 7, at the Professional Building. (10) City Manager Chris Kukulski submitted the following. (1) Announced that he showed the plans for wiring of the Community Room to the County Commissioners this morning, and they suggested that the cameras be mounted on the walls rather than on tripods. He noted that the equipment has been ordered, and he anticipates that by the end of January, Commission meetings will be televised. (2) Announced that there is emergency travel only both to the west and the east of Bozeman at this time. (3) Stated he will be meeting with the Street Department on Thursday morning to discuss snow plowing and the serious problems encountered with illegally parked cars. He suggested it may be time to take steps toward increasing snow plowing activities in the community, clearing all of the streets in a more timely manner. (11) Director of Public Safety-Police Mark Tymrak submitted the following. (1) Thanked the Commissioners for the card and the moment of silence for former Assistant Director Bill Kayser. (2) Noted that since there are several in jail who know nothing about the recent burglaries, they have stopped. (3) Announced that applications for vacancies on the Police Department are to close this week. When the 12-05-05 - 28- announcement was made, there was one vacancy; there are now two and another vacancy will occur at the end of March, resulting the need to hire three new officers. Adiournment - 12:55 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried b6 the following Aye and No vote: those voting Aye b 'ng Commissioner Kirchhoff, Commissioner Hietala, om missioner Krauss, Commissioner Young n,. d Mayor Cetraro; those voting No, none. ETRARO, Mayor ATTEST: ~J.L/~ R N L. SULLIVAN City Clerk 12-05-05