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HomeMy WebLinkAbout2005-06-06 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 6, 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, June 6,2005, 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, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Planning Director Andy Epple, Director of Public Safety Mark Tymrak, City Attorney Paul Luwe, and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Kukulski requested that Commission Resolution No. 3803 be removed from the Consent Items for discussion. Sianina of Notice of Special Meetino Each Commissioner, in turn, signed the Notice of Special Meeting. Work session - continued review of proposed revisions to unified development ordinance Assistant Planning Director Chris Saunders led the Commission through continued review of the proposed revisions to the unified development ordinance, cautioning that many of those being reviewed today have not yet been considered by the Planning Board or the Zoning Commission. The Assistant Planning Director began with No. 217D, noting that this revision was suggested by the legal staff and is designed to clarify which elements are possibly subject to deviations; a majority of the Commissioners indicated support for proceeding with the revision. The Assistant Planning Director introduced No. 220, which is another suggestion from the legal staff and provides that a protest from the applicant can trigger the requirement for a super-majority vote to amend the zone map; a majority of the Commissioners expressed support for further considering this item. Assistant Planning Director Saunders noted that, with the current load on Commission agendas, it is extremely difficult to meet the timeline for noticing and stated that No. 223 extends the maximum time between publication to hearing to 45 days rather than the current 30 days. A majority of the Commissioners indicated support. The Assistant Planning Director turned his attention to several revisions pertaining to parks, parkland dedication and open space. On No. 189, a majority of the Commissioners indicated support for defining park and parkland but not including standards in those definitions. Following discussion on No. 188, which pertains to calculation of parkland, the Commissioners recognizing that formal adoption of the current administrative policy might be beneficial and asked the Recreation and Parks Advisory Board to complete its update of the Parks, Recreation, Open Space, and Trails (PROST) Plan by September 1 to give staff a basis for considering further revisions to the unified development ordinance. Assistant Planning Director Saunders highlighted Nos. 190 through 194, pertaining to parkland dedications and cash-in-lieu payments. Following discussion, it was recognized these issues can be better addressed by the Planning Board, Zoning Commission, and City Commission than by the Recreation and Parks Advisory Board and that some of the base information being gathered for the PROST Plan will assist in analyzing these proposed revisions. On No. 195, a majority of the Commissioners voiced support for considering it further. 06-06-05 - 2 - The Assistant Planning Director introduced No. 196, under which the street frontages along parks is to be revised. Following discussion, a majority of the Commissioners directed staff to proceed with a revision to require 100 percent of the park frontage be along a street unless some geographical exception precludes that potential. Assistant Planning Director Chris Saunders turned his attention to No. 197, which allows pathways within setbacks to be counted toward parkland dedication. Following discussion, a majority of the Commissioners expressed interest in deferring this item, along with Nos. 198 and 199. The Assistant Planning Director concluded his discussion of proposed revisions by introducing No. 224, which corrects a glitch in the timing of when certain information is to be provided; the Commissioners concurred with processing of that amendment. Break - 7:08 to 7:10 p.m. Mayor Cetraro declared a break from 7:08 p.m. to 7:10p.m., to prepare for the regular Commission meeting. Minutes - March 21, Mav 2. Mav 9. Mav 16. Mav 23. and Mav 31, 2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of May 2 and May 23, 2005, be approved as submitted and that action on the minutes of the meeting of May 9 be deferred for two weeks. 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 also deferred action on the minutes of the meetings of March 21, May 16, and May 31,2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Ordinance No. 1639 - amendina alarm ordinance: finally adopt ORDINANCE NO. 1639 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 8.05, PROVIDING MULTIPLE FALSE ALARMS BE SUBJECT TO A "NO RESPONSE" ADMINISTRATIVE DESIGNATION, DELETING THE FINE FOR FALSE ALARMS AND THE CORRESPONDING FINE APPEAL SECTION 8.05.110, AND MAKING MINOR CHANGES IN STYLE. Ordinance No. 1640 - amending various sections and addina a new section to the Bozeman Municipal Code to provide for the creation of two Directors of Public Safetv: finallv adopt ORDINANCE NO. 1640 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SECTIONS 2.40.010, 10.04.050, 10.32.395.C., 10.56.030, 10.56.040, 10.60.010, 10.60.020.A., 12.32.060, AND BY ADDING ANEW SECTION 2.40.015, PROVIDING FOR THE CREATION OF TWO DIRECTORS OF PUBLIC SAFETY: POLICE AND FIRE, AND THE AMENDMENT OF RELATED SECTIONS OF THE BOZEMAN MUNICIPAL CODE RELATED TO THE DIRECTOR OF PUBLIC SAFETY. 06-06-05 -3- Ordinance No. 1641 - establish an initial municipal zonina desianation of "M~1" on 1.754 acres described as Lot 27. Gordon Mandeville State School Section Subdivision (northeast corner of Griffin Drive and Maus Lane): finallv adopt ORDINANCE NO. 1641 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "M_1" (LIGHT MANUFACTURING DISTRICT) ON 1.754% ACRES SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, Acknowledae receipt of petition for annexation of -286 acres plus adiacent riahts-of- wav located west of South 19th Avenue between Stuckv Road and Blackwood Road extended - JCD. LLC Acknowledge receipt of staff report - reauested annexation of -286 acres plus adiacent riahts-of-wav located west of South 19th Avenue between Stuckv Road and Blackwood Road extended (A-05002) Commission Resolution No. 3804 - intent to implement a 15-percent increase in water rates: set public hearina for Julv 18. 2005 COMMISSION RESOLUTION NO. 3804 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED FIFTEEN PERCENT (15.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Commission Resolution No. 3805 - intent to implement a 15-percent increase in wastewater rates: set public hearing for Julv 18, 2005 COMMISSION RESOLUTION NO. 3805 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED FIFTEEN PERCENT (15.0%) INCREASE IN THE WASTEWATER (SEWER) TOTAL RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM. Commission Resolution No. 3806 ~ authorize City Manaaer to sign notice of intent to withdraw from Public Defender Contract between City of Bozeman. Citv of Belarade and Gallatin County COMMISSION RESOLUTION NO. 3806 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DIRECTING NOTICE BE PROVIDED TERMINATING THE PUBLIC DEFENDERS OFFICE INTERLOCALAGREEMENT BETWEEN GALLATIN COUNTY, CITY OF BOZEMAN, AND THE CITY OF BELGRADE. Authorize Citv Manaaer to sian - Interlocal Aareement between the City of Bozeman and the Citv of Belarade for Public Defender Services for Fiscal Year 2006 Authorize City Manager to sian - Amendment. No. 2 to Professional Services AareementforSouth 19th Avenue improvements- Thomas. Dean and Hoskins. 06-06-05 -4- Incoo Bozeman. Montana - add $12.051 for alianment and arade review and to update fees Authorize Citv Manaaer to sian - Contract Aareement with JTL Group. Inc.. Belarade, Montana, for thin-lift asphalt overlav on South 20th Avenue between West Koch Street and West Colleae Street - $23.700.00 Authorize Citv Manager to sian - Letter of Assianment from Entranco to Great West Enaineerina, Incoo for professional enaineering services for a UV disinfection svstem and standbv power aenerator at the Wastewater Treatment Plant Authorize Citv Manaaer to sian - Acceptance of Public Street Easement from Robert Davis - 20-foot-wide strip across Lot 3. Minor Subdivision No. 221 (north side of East Hulbert Road extendina eastward from Davis Lane) Authorize Citv Manager to sign - Acceptance of Temporarv Easement between Net Lease Fundina 2005. LP; American Pizza Partners. LP: and the Citv of Bozeman (at 2300 West Main Street for West Babcock Street proiect) Authorize Citv Manager to sign - Landscape Screenina Aareement between Virginia T. Seise. et al and the Citv of Bozeman (propertv at 7084 Sourdouah Canvon Road, adiacent to Citv's Water Treatment Plant) Authorize Citv Manaaer to sian - Acceptance of Public Street and Utilitv Easement from Roaer H. and Rosalind I. Smith - 30-foot-wide easement across Lot 5. Annie Subdivision. Phase II (north side of West Oak Street extendina eastward from North 27th Avenue) Authorize City Manaaer to sian - (1) Acceptance of Public Street Easement across Lot 2. Tract 3. Gardner-Simmental Plaza Subdivision and (2) Temoorarv Construction Permit for Parcel No.9 for North 19th AvenueNallev Center Road proiect - Golden Eaa. LLC (southeast corner of intersection of North 19th Avenue and Deadman's Gulch) Acknowledge receipt of reauest for creation of Iiahtina district for Leaends at Bridaer Creek Subdivision: refer to staff Application for Beer and Wine License - Cafe International', 622 West Mendenhall Street - for Calendar Year 2005 Award bid - StOry Mansion exterior stabilization proiect - R&R Tavlor Construction. Inc., Bozeman, Montana - in the bid amount of $476.781.00 Award bid - 2005 Street Improvements - JTL Group. Inc.. Belarade, Montana - in the bid amount of $224.970.70 Buildina Inspection Division report for April 2005 Claims Commissioner Krauss asked that a clarification be included in the resolutions of intent to increase the water and wastewater fees to indicate the rate increases will be no more than 15 percent. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. 06-06-05 - 5 - Public comment No comment was received under this agenda item. Reauest from business and propertv owners alona North 7th Avenue for allocation of larae scale retail impact monies earmarked for economic development as follows: $50.000 toward development of desian and connectivitv plan for North 7th Avenue and $250.000 toward implementation of plan Included in the Commissioners' packets was a memo forwarding the request from several business and property owners along North 7th Avenue for allocation of $50,000 toward development of design and connectivity plan for North 7th Avenue and $250,000 from the large scale retail impact monies earmarked for economic development toward implementation of that plan. Mr. Mike Hope gave an overview of the request. He noted that a group of property owners and business owners along North 7th Avenue have organized after recognizing that steps can be taken to enhance their businesses as well as this entryway to the city. They have a vision of what they want to see done and need some assistance in starting the effort. As a result, he asked that $50,000 be earmarked for the development of a design and $250,000 be committed from the large scale retail impact monies toward the implementation of that plan. He stated the proposal is to create a connectivity plan for North 7th Avenue from the interstate to Main Street, including sidewalks and street lights that make this corridor more pedestrian friendly. Mr. Hope projected that the envisioned improvements will cost $1 ~ to $2 million and, in addition to the monies requested from the City, he suggested federal and state monies could be leveraged and business and property owners would bear their portion of the costs. He stressed the importance of revitalizing this corridor, particularly in light of other commercial development within the community. He noted many of the property owners have recognized the importance of updating this corridor and have already begun to do so on their own; and he feels now is a critical time for ensuring that the upgrading is done in a cohesive manner. He concluded by noting that the group is working with Assistant City Manager Ron Brey on the creation of a tax increment financing district that is further designed to assist the property owners in investing in this project. Commissioner Kirchhoff thanked the business and property owners for coming forward with a proposal to enhance this corridor, creating a more competitive business atmosphere and an asset to the community. He raised several questions about the proposal, including the type of organization to be formed and the investment commitment to be made by individual owners in light of the disparate needs along this corridor. Mr. Hope responded that he envisions a structure similar to that in the downtown, with a Commission-appointed board to oversee the district and the implementation of the plan. He then noted that the petition submitted includes the signatures of 18 or 19 owners; and ten to twelve are present at this meeting to reflect their support. He stated that he has talked to other owners who are also interested in participating and, to date, he has not had any negative feedback on the proposal. Commissioner Krauss stressed the importance of a united front for this project, particularly in light of the new life style centers being proposed in other portions of the community. Responding to questions from Commissioner Krauss, Mr. Hope indicated that the monies to implement the plan are not needed at this time; however, the group would like assurance that those monies will not be spent elsewhere while the plan is being developed. Commissioner Youngman stated that, while she supports the proposal to upgrade the appearance of North 7th Avenue, she feels it is important to move forward as partners from the beginning. As a result, she wants some assurance that the property and business owners are committed to the project and will participate in it financially. Mr. Mike Hope agreed that it is important for the owners to participate financially in the improvements. He then cited the $1 million that his business has contributing to improving its site and noted the GranTree Inn has undergone upgrades as well as others. 06-06-05 - 6 - Further responding to questions from Commissioner Youngman, Mr. Hope estimated the signatures on the petition represent over 50 percent of the properties along North 7th Avenue. He then acknowledged that the City's effort about ten years ago to install sidewalks along North 7th Avenue met with resistance. He suggested that time heals conflicts, and noted that the ownership of some of the properties has changed. He then stressed that this corridor needs to be updated, and that will happen in the next twenty years; this proposal will simply speed that process up and keep the corridor more competitive with the rest of the commercial areas in the community. Further, he noted the independent business owners along North 7th Avenue are communicating better than they have in the past. Director of Public Service Debbie Arkell announced that staff has been working with a lobbyist and has applied for a $500,000 grant through General Electric for new energy saving exterior lighting along North 7th Avenue. Mr. Carl Solvie, GranTree Inn, noted he represents the hotel industry and the 1,000 plus rooms on North 7th Avenue. He stated that, over the past twenty years that he has been involved with the hotel, he has heard repeated comments about how ugly North 7th Avenue and acknowledged that, sadly, that is true. He noted that North 7th Avenue is a main artery to the downtown and to the Fairgrounds, and he asked that the City assist in providing an avenue of which all can be proud. Mr. Doug Alexander, owner of 1-90 Exxon, recognized that his site is dated and what he considers an eyesore; however, he is delaying his planned remodel until plans for the entire corridor are developed so that he does do something counter to those plans. He noted that, between the two gas stations near the interstate and the one at Main Street, a significant amount of taxes is generated, and he would appreciate seeing some of them put back into the equation. He concluded by asking that the Commission approve at least the development of a plan for this corridor. Mr. Don Cape, Jr., stated his family owns an interest in the property under County Market; and his Grandfather helped with the previous improvements along North 7th Avenue. He stressed that this avenue plays a key role in the community, and that role will only grow as the corridor is redeveloped. Since this is an established corridor, businesses are interested in locating within it, and this provides an attractive opportunity. He noted, however, the businesses need a catalyst and a jump start and asked the Commission to approve the expenditure of monies to develop a plan. Mr. Mike Gaffke, owner of The Bozeman Inn, noted that many of the businesses assisted with funding of the little park on North 7th Avenue at Darigold. He stated that, when he was required to install the sidewalk adjacent to his property a few years ago, he was resistant to the idea; however, he has seen how much it is used and fully supports the installation of sidewalks along the entire length of the street. He concluded by encouraging Commission support of the requested funding assistance to enhance this corridor. Commissioner Krauss noted that Assistant City Manager Ron Brey is working on the tax increment financing district for North 7th Avenue, and the Commission has been talking about some kind of plan for North 7th Avenue. He stated the tax increment financing district needs to be in place first, and he is pleased with the support that the property owners and business owners are showing or the enhancements. Commissioner Youngman agreed that a plan is needed, but she is interested in ensuring that action on this funding request is done right. She stated that, with the use of large scale retail impact monies for affordable housing projects to date, the match has been at least 5 to 1, and was 28 to 1 in one instance. She is also concerned about the fact that monies are being requested for a study rather than having that study in place and being asked to assist in funding of the project. She recognized that the North 7th Avenue corridor is important, but suggested that the Commission commit to establishing a list of priorities for the community before committing to funding for the project rather than funding on a first come first served basis. She concluded by encouraging that the plan for this corridor include a unique look and feel, possibly through the type of sidewalks, lights and trees identified. Commissioner Hietala noted that Commissioner Krauss had previously mentioned a task force, and he supports the creation and appointment of that group, which could help create a plan and identify the means for funding that plan and the vision for the corridor. He stressed that this proposal relates to connectivity within the community. He concluded by expressing his support for earmarking $50,000 for the plan and reserving $250,000 for the project, noting it is important to move fairly aggressively to make the plan a reality. 06-06-05 - 7 - Commissioner Kirchhoff noted that he, too, supports the creation of a task force. He stated that discussions about connectivity and improving corridors has been a fairly constant topic of discussion, and he feels that approval of the requests for funding is appropriate. He then stressed that the issue of fairness in participation is critical and should be one of the tasks that the task force addresses. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission direct the City Manager to begin the process of establishing a task force of North 7th Avenue business and property owners to, at a minimum, deal with the questions of participation in the corridor improvements by property owners, the issue of fairness in light of the disparate improvements and amounts involved, identify a unique look and feel for the corridor, and look at financing mechanisms such as, but not limited to, a tax increment financing district; authorize the expenditure of up to $50,000 from the large scale retail impact monies for hiring a consultant to develop a plan; and hold in abeyance the spending of any additional large scale retail impact monies earmarked for economic development until the Commission has discussed how to prioritize the expenditure of those monies. 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. Commission Resolution No. 3803 - revisions to powers and duties of Parkina Commission Included in the Commissioners' packets was a copy of Commission Resolution No. 3803, entitled: COMMISSION RESOLUTION NO. 3803 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, GRANTING TO THE BOZEMAN PARKING COMMISSION THE AUTHORITY UNDER TITLE 7, CHAPTER 14, PART 46 OF THE MONTANA CODE ANNOTATED TO REGULATE ON-STREET AND OFF-STREET PARKING IN THE B-3 ZONING DISTRICT AND THE RESIDENTIAL PARKING PERMIT ONLY DISTRICTS. City Manager Kukulski reminded the Commissioners that he had requested this item be removed from the Consent Items for discussion, and noted that a revised copy of the resolution was distributed just prior to the meeting. The City Manager reviewed the new proposed revisions to the resolution, noting that the Parking Commission has operated under restrictive provisions since its inception. He highlighted the changes in the resolution and the deletions that have been requested by some of the Parking Commission members. He noted that under the current structure and the resolution that was included in the Commissioners' packets, the Parking Commission would have no employees; the new resolution deletes that restriction. Further, he noted that members of the Parking Commission have requested deletion of the phrase in the process for payment of bills to delete the requirement that the bills be approved by the City Commission. Responding to questions from Commissioner Krauss, the City Manager confirmed that the monies over which the Parking Commission is to provide oversight are, indeed, City monies. Further, he noted that the Commissioners do approve the claims and sign the listings for those weekly payments. He stated the language in the resolution was designed to reflect the current procedure for the payment of all claims and that no additional requirements are being placed on the Parking Commission. Commissioner Krauss stated he does not want to approve any employees under the Parking Commission; it is important that all employees be under the City Manager. He recognized the desires of the Parking Commissioners, but noted the land, the money and the police powers lie with the City. Responding to Commissioner Hietala, the City Manager confirmed that the current employees are on the City payroll and, if appropriate, belong to the applicable bargaining group. In light of that response, Commissioner Hietala voiced his concurrence with Commissioner Krauss that the City Manager remain the ultimate authority. Following a brief discussion, the Commissioners agreed that Item No. b in Section 4, be revised to change City Commission to City Manager. 06-06-05 - 8- Mr. Chris Pope, Chair of the Parking Commission, noted that this board has been challenged by the administration ofthe parking district and the strategies for working on big issues; and this resolution will help to address those items. Further, he stated that Mark Lachepelle has assisted the Parking Commission on budget issues over the past several months. He noted that the backlog of parking tickets has now been resolved, and tickets are now moving through the process appropriately. He concluded by stating the Parking Commission wants to work closely with the City Commission and the City Manager, but needs to have more authority that just five people sitting around a table. Mr. Paul Reichert, Downtown Bozeman Partnership, stated that state statute provides a good framework within which a parking commission must operate. Under the statutes, the budget goes to the Commission for approval, thus giving the ultimate authority for spending of funds to the governing body. He suggested that, over time, the City and the Parking Commission may find that it is more efficient to expand the duties and powers of the Parking Commission even further, but stressed that a very close partnership is critical. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3803, as amended to include Item b in Section 4, with a revision from "Bozeman City Commission" to "City Manager", be adopted. 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. Reauest for abatement of taxes - LiaoCvte Pharmaceuticals This was the time and place set for the public hearing on the request from UgoCyte Pharmaceuticals for abatement of taxes for their expanding business. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry presented the staff report. She reminded the Commission that UgoCyte Pharmaceuticals has submitted a request for tax abatement new and expanding businesses in the total amount of $3.6 million. During staff's review, however, it was found that $400,00 of that amount is for land, for which tax abatement is not allowed under State statute; therefore, the requested abatement would be on a total of $3.2 million. She stated that staff found, in its analysis of this request, that the requested abatement would total not more than $59,000 over a ten-year period and, as a result has recommended approval. She noted that, if the Commission chooses to act favorably, staff will bring back a resolution to enact the abatement. Responding to Commissioner Krauss, Director of Finance Rosenberry stated that State law requires the applicable be current on taxes when the application for abatement is approved and further allows for withdrawal at any time during the ten-year period. As a result, it would be appropriate for the Commission to include the requirement that taxes remain current to continue qualifying for the abatement. Mr. Larry Mikkola, Director of Finance for UgoCyte Pharmaceuticals, indicated a willingness to respond to questions. No public comment was received on this request. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission approve the request from UgoCyte Pharmaceuticals for abatement of taxes for their expanding business as presented by staff, and direct staff to bring back a resolution implementing the tax abatement with the stipulation that taxes stay current to qualify for continuation of the abatement. 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. 06-06-05 - 9 - Conditional Use Permit - to modify condition of previouslv approved Conditional Use Permit application to allow applicant to maintain an accessory dwellina unit on propertv southeast of the intersection of South 3rd Avenue and Henderson Street - Pam Frost (P-99154A) This was the time and place set for the public hearing on the Conditional Use Permit requested by Pam Frost under Application No. P-99154A, to modify a condition of the previously-approved Conditional Use Permit to allow the applicant to maintain an accessory dwelling unit on Lot 1, Block 4, Graf's Third Addition. The subject property is located at 2916 South Third Avenue. Included in the Commissioners' packets was a copy of an e-mail from Pam Frost withdrawing this appl ication. Public hearing It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission acknowledge receipt of the e-mail withdrawing this application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Zone Map Amendment - amend zonina desianation from "R-3", Residential-Medium-densitv. to "R.4". Residential-Hiah-densitv, on 9.4 acres located at southeast corner ofthe intersection of West Oak Street and North 14th Avenue - Allied Enaineerina Services. Incoo for BAM Properties. LLC (Z-05064) This was the time and place set for the public hearing on the Zone Map Amendment requested by Allied Engineering Services Inc., for BAM Properties, LLC, under Application No. Z-05064, to amend the zoning designation from "R-3", Residential-Medium-density, to "R-4", Residential-High density, on 9.4 acres described as the north half of Tract A, Certificate of Survey No. 2439. The subject property is located at the southeast corner of the intersection of West Oak Street and North 14th Avenue. Included in the Commissioners' packets was an e-mail from Alice Tor, requesting denial of this amendment. Public hearing Mayor Cetraro opened the pUblic hearing. Associate Planner Jami Morris gave the staff presentation. She noted that the entire 20-acre parcel is currently zoned "R-3" , and under this application the north 9.4 acres would be rezoned to "R-4". She reviewed the surrounding land uses, noting that Legion Villa and the Gallatin County Rest Home are located to the south of this site. The Associate Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, given the location of the subject parcel. She then noted that the Zoning Commission held its public hearing on this application at its May 17 meeting and, following that hearing, concurred in staffs recommendation. Mr. Chris Budeski, Allied Engineering, stated the intent of the requested rezoning is to provide for higher density development of this parcel, which abuts West Oak Street and lies across the street from large commercial development, thus creating a buffer between that commercial development and lower density residential development to the south. Mr. Kevin Cook, Durston Development, LLC, noted that when their property, which lies immediately west of this parcel, was annexed, they sought "R-4" zoning. That request was not approved; rather, the property was zoned "R-3" and "R-O", and they were encouraged to go through the planned unit development process. He indicated that he is not opposed to the rezoning being requested by BAM Properties, LLC, but asked that the Commission remember the extra steps that his property was required to go through. 06-06-05 - 10 - Responding to Commissioner Kirchhoff, Mr. Budeski stated he anticipates this 9.4-acre parcel will be divided into three lots that will then be subject to the site plan review process. He stated the south half of the property, which is not being rezoned, will likely be developed in the more traditional block style. 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 Zone Map Amendment requested by Allied Engineering Services Inc., for BAM Properties, LLC, under Application No. Z-05064, to amend the zoning designation from "R-3" , Residential-Medium-density, to "R-4" , Residential-High density, on 9.4 acres described as the north half of Tract A, Certificate of Survey No. 2439, be initially approved and that staff be directed to bring back an ordinance enacting the amendment, subject to the following conditions: 1. The applicant shall submit: a 24-inch by 36-inch mylar zone map titled "Oak Meadows Zone Map Amendment"; an 8Y2-inch by 11-inch or 8Y2-inch by 14-inch paper map; and a digital copy to the Planning Department, containing the metes and bounds legal description and total acreage, inclusive of the adjacent rights-of-way, within thirty (30) days of approval by the City Commission or prior to submittal of a Preliminary Plat application, whichever occurs first. 2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be re- zoned, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. 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 to modify the Vallev West Planned Unit Development - amend protective covenants and restrictions to include additional relaxations to allow lot coveraae to be 45 percent for sinale-Ievel ADA-adaptable units: allow sinale-household residences on lots less than 50 feet wide and less than 5.000 sauare feet: allow full porch and intearated facade to encroach 5 feet into reauired 15-foot setback: increase maximum size of an accessory dwellina unit: and allow block width less than 200 feet -Intrinsik Architecture and Morrison-Maierle. Incoo for Bozeman Lakes. LLC and Aspen Enterprises. LLC (aenerallv located alona the west side of Ferauson Road between West Babcock Street and Durston Road) (Z-05073) This was the time and place set for the public hearing on the Conditional Use Permit to modify the Valley West Planned Unit Development, as requested by Intrinsik Architecture and Morrison-Maierle, Inc., for Bozeman Lakes, LLC, and Aspen Enterprises, LLC, under Application No. Z-05073, to amend the protective covenants and restrictions to include additional relaxations as follows: from Section 18.16.030, Bozeman Municipal Code, to allow lot coverage to be 45 percent for single-level ADA-adaptable units; from Section 18.16.040, to allow single-household residences on lots less than 50 feet wide and less than 5,000 square feet in area; from Section 18.38.060, to allow a full porch and integrated facade to encroach 5 feet into required 15-foot front yard setback; from Section 18.40.030.B., to allow an increase in the maximum size of an accessory dwelling unit; and from Section 18.42.040.C., to allow a block width less than 200 feet. The subject property is generally located between West Babcock Street and Durston Road, west of Ferguson Avenue. Public hearing Mayor Cetraro opened the public hearing. Planner Susan Kozub presented the staff report. She noted that the major changes being sought pertain to lot coverage, size, and accessory dwelling units. The requested pertain to zoning requirements and do not include any changes to the overall subdivision layout. 06-06-05 - 11 - The Planner stated that staff conducted its review of 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 was not supportive of the requested relaxation from setbacks; however, the Design Review Board has recommended an additional condition that would help avoid overbuilding. She concluded by forwarding a recommendation for approval, subject to one condition with several parts. Responding to Commissioner Kirchhoff, Planner Kozub stated that the requested relaxations allow a two-story garage and an accessory dwelling unit that does not exceed 500 square feet. She suggested the size limitation can be accommodated through clarifying language to include an integrated roof plane. No public comment was received on the requested relaxations. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Conditional Use Permit to modify the Valley West Planned Unit Development, as requested by Intrinsik Architecture and Morrison-Maierle, Inc., for Bozeman Lakes, LLC, and Aspen Enterprises, LLC, under Application No. Z-05073, to amend the protective covenants and restrictions to include additional relaxations as follows: from Section 18.16.030, Bozeman Municipal Code, to allow lot coverage to be 45 percent for single-level ADA-adaptable units; from Section 18.16.040, to allow single-household residences on lots less than 50 feet wide and less than 5,000 square feet in area; from Section 18.38.060, to allow a full porch and integrated facade to encroach 5 feet into required 15-foot setback; from Section 18.40.030.8., to allow an increase in the maximum size of an accessory dwelling unit; and from Section 18.42.040.C., to allow a block width less than 200 feet, be approved subject to the following conditions: 1 . Regarding the proposed "Second Amended and Restated Declaration of Protective Covenants and Restrictions for Valley West," the following changes shall be made and are subject to review and approval by the Department of Planning and Community Development: a. Page 17 states that decks may encroach up to three (3) feet into a side yard; this must be clarified to ensure that Section 18.38.060 of the UDO will be upheld; b. Page 20, Section A and Page 24, Section A shall be titled "Lot Coverage, Lot Width, and Lot Area" to clarify what is actually discussed in these sections; c. Pages 20-21 and Page 24 must be clarified to allow lot coverage to be 45 percent specifically for single-level ADA-adaptable units. Both "ADA-adaptable" and "single-level" must be clearly defined; d. Page 21 must be revised to specifically designate which undersized lots (Lots 214A-219D) can have detached single household residences. An appendix which shows buildable footprints for these lots shall also be included; e. Page 21 must be revised to incorporate the following language: 06-06-05 - 12 - In no case shall an accessory dwelling unit be taller or larger in footprint that the main structure. Definitions of "integrated roof planes, "half-story," and "living space" must also be included in the covenants. f. Page 22 must be revised to recognize that all required parking spaces must have adequate back-up maneuverability (26 feet); g. Pages 23 and 25 must be revised to require residential parking spaces to be 9 x 20 feet (the original relaxation was for commercial parking; not residential parking); h. The Revised Covenants shall specify that the relaxation for a porch and integrated facade to encroach up to five feet into the required 15-foot front yard setback shall be allowed for Phase 3 and beyond, only if all four (4) of the following conditions are met: 1) The encroaching porch must have a length equal to or greater than one-half the length of the building facade or 12 feet, whichever is greater. The remaining portion may be occupied by an integrated facade as defined in these covenants; 2) The encroaching porch must have a minimum depth of six (6) feet; 3) Second or subsequent stories are not allowed to encroach into the 15-foot front yard setback; and 4) No stairs are permitted beyond the 10-foot setback. Page 24 must have the following additional language "All multiple household projects that meet the thresholds established in Chapter 18.34 of the Unified Development Ordinance"shall go through appropriate site plan review with the City of Bozeman;" i. k. Article VI shall include the following language: "All boulevard plantings must follow City of Bozeman requirements for street tree permits, species selection, and spacing;" Page 33 shall be revised to add the following language: "All plans submitted to the City of Bozeman Building Division must have the Valley West Architectural Review Committee stamp of approval;" Exhibit B shall include all phases and lots. j. I. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Preliminary plat for Vallev West Subdivision. Phase III - subdivide 69.26 acres extendina southward from Durston Road between Ferauson Avenue and Cottonwood Road into 259 residential lots. 14 park and open space lots, and one remainder lot - Intrinsik Architecture and Morrison-Maierle. Incoo for Bozeman Lakes. LLC. and Aspen Enterprises, LLC (aenerally located alona the west side of Ferguson Road between West Babcock Street and Durston Road) (P-05013) This was the time and place set for the public hearing on the preliminary plat for Valley West Subdivision, Phase III, as requested by Intrinsik Architecture and Morrison-Maierle, Inc., for Bozeman Lakes, LLC, and Aspen Enterprises, LLC, under Application No. P-05013, to subdivide 69.26 acres described as Tract 1; portions of Tracts 2 through 4, Block 2; portions of Tracts 1-3, Block 1; and the original Cascade Street in Valley West Subdivision, into 259 residential lots, 14 park and open space lots, and one remainder 06-06-05 - 13 - lot. The subject property extends southward from Durston Road between Ferguson Avenue and Cottonwood Road. Public hearing Mayor Cetraro opened the public hearing. Planner Susan Kozub presented the staff report. She noted that under this preliminary plat, the subject parcel would be divided into 259 residential lots, two park areas, and twelve open space lots plus one remainder lot for future neighborhood commercial use. The planned unit development for the overall project was approved in 2002, as a ten-phase development that has now been reduced to seven phases. She stated the overall pattern of development in this phase is to be the same as in Phases I and II. She noted that 17 percent of the lots within this phase are to be restricted size lots, and the applicants are requesting that the extra 7 percent of the restricted size lots be credited toward future phases. The 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 its recommendation for approval, subject to several conditions. Following its public hearing, the Planning board also forwarded its recommendation for conditional approval of the preliminary plat. Responding to Commissioner Krauss, the Planner stated that the Recreation and Parks Advisory Board forwarded two sets of conditions, with the second set pertaining to the master plan for the park rather than this preliminary plat. Mr. Greg Stratton, Morrison-Maierle, stated agreement with the conditions recommended by the staff except for Condition No. 27 A, regarding limitation on the number of building permits issued until Durston Road is improved. He forwarded the applicant's request that the limitation be tied to phases, beginning with Phases A, B, E and F, which would allow development of approximately 24.8 net acres. He noted that the boundary for Phase IIIE is 750 feet south of Durston Road, and there is no direct access to Durston Road from this subdivision; rather, access is via Ferguson Avenue and Cottonwood Avenue. He further noted that improvements to West Babcock Street are currently in process, providing a viable access to this subdivision. He stated the original traffic study identified six phases that could be completed before improvements to Durston Road would be needed. He concluded by asking that four sub-phases be allowed to develop before triggering the requirements in Condition No. 27. Ms. Susan Swimley, attorney representing the applicant, encouraged the Commission to approve the change to Condition No. 27 that was submitted by Mr. Stratton, noting that it would allow for development of 54 percent of this phase prior to Durston Road improvements. Responding to Commissioner Kirchhoff, Director of Public Service Arkell stated that Project Engineer Sue Stodola has reviewed the applicant's request and does not object to the proposed revision. She stressed that the Project Engineer was simply trying to maintain consistency in allowing for a level of development to occur prior to road improvements being completed. She then indicated that the contract for improvements to Durston Road will probably be let in April or May 2006, which will likely be prior to this subdivision reaching that level of development. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by CommissionerYoungman, that the preliminary plat for Valley West Subdivision, Phase III, as requested by Intrinsik Architecture and Morrison-Maierle, Inc., for Bozeman Lakes, LLC, and Aspen Enterprises, LLC, under Application No. P-05013, to subdivide 69.26 acres described as Tract 1; portions of Tracts 2 through 4, Block 2; portions of Tracts 1-3, Block 1; and the original Cascade Street in Valley West Subdivision, into 259 residential lots, 14 park and open space lots, and one remainder lot, be approved subject to the following conditions: 1. The following plat note shall be included on the final plat: "Lots 214A - 219D are approved to allow attached townhouses or detached single household residences. These lots are smaller than the standards set forth by the Unified Development Ordinance for single household residences and were approved with relaxations as 06-06-05 - 14- part of the Planned Unit Development. Please refer to the Second Amended and Restated Declaration of Protective Covenants and Restrictions for Valley West to determine setback requirements." 2. The final plat shall be revised to clarify that accessory dwelling units/auxiliary apartments are not allowed on restricted size lots (RSLs). 3. A declaration of the most recent covenants, with the corrections outlined by staff, for Valley West Planned Unit Development must be included and recorded with the final plat for Phase 3. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. 4. The final plat shall indicate acreages for all remainder tracts and shall include the following plat note: "Applicant shall provide evidence that all original tracts of record of this property are or through this subdivision will become remainder tracts of less than 160 acres were not created for the purpose of transfer, and that any subsequent transfer of said tracts may not occur prior to filing of a subdivision plat or certificate of survey reviewed and approved by the City of Bozeman." An affidavit, subject to review and approval by City legal staff, must also be submitted with the final plat. 5. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). 6. The dedicated parkland shall be identified as "Public Park" on the final plat and the common open space access strips and pocket parks shall be overlaid with a public access easement. Provisions within the covenants shall provide for the care and maintenance of these areas, which will ensure usability for the homeowners and general public. 7. Buildings proposed for construction with crawl spaces or basements shall include engineer certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each building permit. The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 8. The trail north of Meyers Lake shall extend north to connect to Durston Road. 9. The Superintendent of Public Facilities and Lands shall review and approve of the language in the Declaration of Protective Covenants and Restrictions for Valley West, particularly Article I "Definitions and Article X "Open Space and Common Areas." Further, the Declaration shall include language approve by the Superintendent to assure completion of parkland facilities and trails in the Valley West Park Master Plan and allowing the City of Bozeman, if necessary, to become a party to assessments for such completion and maintenance. 10. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. 11. Stormwater generated by the proposed subdivision shall not be discharged into an irrigation ditch. 06-06-05 - 15 - 12. The final plat must account for the ditch and the utility/drainage ditch easement along Ferguson Avenue. 13. The developer's engineer has provided a comprehensive Design Report evaluating existing capacity of water and sewer utilities for the entire Valley West P.U.D. Detailed review and approval of the Design Report will be required as part of the infrastructure plan and specification review and approval process. 14. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. 15. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. 16. Plans and specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana 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. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements. 17. Any public street rights of way which are within the boundaries of this subdivision and for which easements were provided with the Valley West Annexation Agreement shall be dedicated to the City on the final plat for this subdivision. The applicant shall also dedicate any pUblic streets within the development. 18. Street names must be approved by the City Engineer and county road office prior to final plat approval. The proposed street names are acceptable with the following exceptions: a. "East" is to be deleted from East Perry Street b. Foster Street should not be used as there is a Foster Lane in the county. 19. The final plat shall contain a note prohibiting direct access from single family or duplex lots to Cottonwood Road, Durston Road, and Ferguson Avenue. 20. City standard curb, gutter, and sidewalk shall be provided along all streets in the subdivision. Per Chapter 18.44.080 of the Unified Development Ordinance, sidewalks will be installed prior to occupancy of any individual lots. 21. The applicant is advised that the installation of any traffic calming devices such as curb bulbs and traffic circles will be considered in detail and approved if appropriate during the infrastructure plan and specification review process. 22. All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, 06-06-05 -16- unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. 23. Plans and specifications for streets and storm drainage facilities, prepared and signed by a professional engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements. 24. Sidewalk shall be installed along Ferguson Avenue as part of the Phase 3 subdivision improvements. 25. The Engineering Division recommends that the east half of Cottonwood Road, from Durston Road to Huffine Lane, be improved to a full principal arterial standard as a part of this development. The Valley West lots are already encumbered with Special Improvement Districts (SID). The Cottonwood Road improvements are to be complete prior to filing the final plat of any phase west of Cottonwood Road. 26. The applicant is advised that Durston Road, from Cottonwood Road to Ferguson Road, shall be improved, as part of this development, to one half of a minor arterial standard and shall match the section built by Laurel Glen. City standard sidewalk, curb and gutter will be required in the standard location on the development's side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. The Durston Road improvements are to be complete prior to filing the final plat of any phase adjacent to Durston Road. 27. The applicant is advised that building permits may not be issued, in accordance with the following conditions that have been made to recent subdivisions in the vicinity of Durston Road: a. Building permits may be issued for no more than 54 percent of the subdivision, approximately 24.8 net acres consisting of Phases lilA, B, E and F, and that no interior roads be completed to Durston Road, provided West Babcock Street or Durston Road improvements are substantially completed ("the road is being used") and all other requirements for the issuance of a building permit have been met (Le., completion and acceptance of necessary infrastructure improvements and the final plat). b. No building permits will be issued for the remaining 46 percent of the subdivision until the construction contract for improvements to Durston Road from North 19th Avenue to approximately Fowler Avenue has been awarded. 28. An update of the detailed Traffic Impact Analysis prepared by a qualified Traffic Engineer registered in the State of Montana has been provided to the City Engineer. The update shall address level of service evaluations for the following intersections: Cottonwood Road/Huffine Lane and Ferguson Road/Huffine Lane. The report shall include recommendations for any necessary off-site roadway improvements. Detailed review and approval of the Traffic Impact Analysis will be required as part of the infrastructure plan and specification review and approval process. 29. If an easement can be obtained for Eneboe Avenue and Foster Street, adjacent to the undeveloped property, the entire street section exclusive of the sidewalk on the adjoining property shall be constructed. If the easement cannot be obtained, curb, 06-06-05 - 17 - gutter, standard boulevard, and sidewalk on the Valley West side, along with a minimum pavement width of 24 feet shall be installed. 30. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 31. The Montana Department of Fish, Wildlife, and Parks; SCS; Montana Department of Environmental Quality; and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to plan and specification approval. 32. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the developer shall demonstrate to the City full permit compliance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Break - 9:05 to 9:15 p.m. Mayor Cetraro declared a break from 9:05 p.m. t09:15 p.m., in accordance with Commission policy. Variances for Cattail Lake Subdivision - to allow neiahborhood center to have streets alona less than 50 percent of perimeter: allow blocks less than 200 feet wide: and allow parkland to have frontaae of less than 50 percent of its perimeter on streets: and waiver of parkland dedication reauirements to allow natural resources/critical wildlife habitat to meet those reauirements - Morrison-Maierle.lncoo for Cattail Lake. LLC (P-05011) This was the time and place set for the publiC hearing on the zoning variances for Cattail Lake Subdivision requested by Morrison-Maierle, Inc., for Cattail Lake, LLC, under Application No. P-05011, as follows: from Section 18.42.020.C., to allow the neighborhood center to have streets along less than 50 percent of the perimeter; from Section 18.42.020.C., to allow blocks to be less than 200 feet wide; and from Section 18.50.060, to allow parkland to have streets along less than 50 percent of the perimeter. In addition, the applicant has requested a waiver of parkland dedication requirements to allow natural resources/critical wildlife habitat to meet those requirements. Public hearing Mayor Cetraro opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She reviewed the three variances being sought in conjunction with the preliminary plat that is the subject of the next public hearing. She gave an overview of the entire proposal, which includes subdividing 42 acres at the intersection of Davis Lane and Catamount Street into 86 lots for 134 dwelling units. The subdivision is to include an 11-acre lake with parkland surrounding it. She noted one of the variances is to allow less than 50-percent frontage onto pUblic streets; and staff has found that allowing the reduced street frontage will limit access to these facilities. She also suggested that, ifthe parkland and neighborhood center were redesigned to eliminate the lots adjacent to them, the 50-percent street frontage could easily be met. She then turned her attention to the proposed blocks that are less than 200 feet wide, noting that staff cannot support that proposal, either. The Contract Planner stated that staff has reviewed these requested variances in light of the criteria established by the Supreme Court, and staffs comprehensive findings are contained in the written staff report. She concluded by forwarding staffs determination that these three variances do not meet those criteria and, therefore, a recommendation that they not be approved. 06-06-05 - 18- Mr. Bob Lee, Morrison-Maierle, stated one of the challenges in developing the preliminary plat was to reach a balance between 42-percent open space and an economically viable project. He suggested that the street frontage requirement for the park is closer to being met than staff has suggested, noting that there is a total of 1500 linear feet of park and neighborhood center boundaries and 800 feet of frontage along a stream. He forwarded the applicant's position that adequate access is provided while allowing for good design that provides the needed balance for a viable project. He turned his attention to road alignments, noting that the alignments in the existing subdivision to the south identify where some of the streets must be located. He then indicated that those conditions, as well as the topography of this site, trigger the need for the variance for block widths. Mr. Lee stressed that, between the public park area, private park area, and open space dedications, four times the required parkland dedication is being provided; and requiring the elimination of any lots makes the project teeter on becoming not economically feasible. He believes this proposed subdivision is in keeping with the intent of the unified development ordinance and responds to the development of adjacent properties. He then concluded by stating he feels the requested variances meet the standards and encouraged approval. No public comment was received on the requested variances. Responding to questions from the Commissioners, Contract Planner Windemaker stated she believes the blocks could be redesigned to meet code requirements by using alleys and trail allowances. Mr. Bob Lee reviewed the various issues that impact the street alignments, inclUding the 600-foot offset from Catamount Street, the School District property to the north, and the terrain of the subject property. Mr. Joby Sabol, attorney representing the applicant, voiced his concurrence with Mr. Lee's comments, noting he has only recently become involved with the project. He then encouraged the Commissioners to approve the variances, particularly in light of the fact that four times the required parkland dedication will be provided with this subdivision as proposed. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Youngman stated she does not find that any of the three requested variances meet the criteria and, as a result, cannot support them. Commissioner Krauss stated that, given the geographic issues, he feels it would be appropriate to grant the variances. He does not find it essential to provide a road around the lake, but feels adequate access can be provided with the proposed layout. He acknowledged that some portions of the street layout might be improved, but supports the overall development as submitted. Commissioner Hietala expressed his concurrence with Commissioner Krauss's comments, stating he finds the geographic constraints are unique to this site. He also finds that access to the parkland is adequate. Commissioner Kirchhoff characterized the requested variances as being created by design and, therefore, cannot find that they meet the criteria. Mayor Cetraro voiced his concurrence with Commissioner Krauss and Commissioner Hietala, noting he supports the requested variances. Commissioner Krauss reviewed the various criteria for considering variances, stating that he finds those pertaining to street frontage for the parkland and neighborhood center are not contrary to the intent of the code and will serve the publiC interest. He also finds that the water course and lake are unique to the property and suggested that the spirit of the zone code will be observed. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the zoning variances for Cattail Lake Subdivision requested by Morrison-Maierle, Inc., for Cattail Lake, LLC, under Application No. P-05011, as follows: from Section 18.42.020.C., to allow the neighborhood center to have 06-06-05 - 19 - streets along less than 50 percent of the perimeter; from Section 18.42.020.C., to allow blocks to be less than 200 feet wide; and from Section 18.50.060, to allow parkland to have streets along less than 50 percent of the perimeter, be approved. Mr. Joby Sabol stated the applicant's representatives have a meeting with the Planning staff tomorrow and requested that the decision on these variances be delayed for two weeks to allow for that discussion to occur first. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that action on this motion be tabled for a period of two weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No being Commissioner Kirchhoff. Preliminary plat for Cattail Lake Subdivision - subdivide -42 acres located northeast of the intersection of Davis Lane and the future Catamount Street into 86 residential lots. with variances to allow neiahborhood center to have streets alono less than 50 percent of perimeter: allow blocks less than 200 feet wide: and allow parkland to have frontage of less than 50 percent of its perimeter on streets: and waiver of parkland dedication reauirements to allow natural resources/critical wildlife habitat to meet those reauirements - Morrison-Maierle. Inc.. for Cattail Lake. LLC lP-05011) This was the time and place set for the public hearing on the preliminary plat for Cattail Lake Subdivision, as requested by Morrison-Maierle, Inc., for Cattail Lake, LLC, under Application No. P-05011, to subdivide -42 acres described as Lot 3, Minor Subdivision No. 221, into 86 residential lots for 134 dwelling units. The subject property is located northeast of the intersection of Davis Lane and the future Catamount Street. Public hearing Mayor Cetraro opened the public hearing. Mr. Joby Sabol, attorney representing the applicant, requested that this public hearing be delayed for two weeks and granted the City an extension of two weeks on the deadline for consideration of this preliminary plat. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the public hearing be continued for two weeks, per the applicant'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. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Terry McLaughlin and Barbara McLaughlin, dated May 23, voicing concern about soaring utility rates and the addition of a late fee on water/sewer bills. (2) Letter from Susan A.T. MacGrath, 319 South Third Avenue, dated May 25, expressing support for the Town and Country proposal. (3) Letter from the US Department of Transportation, dated May 13, regarding reconstruction of the Beartooth Highway. (4) Notice of the public hearing before the Montana Department of Environmental Quality on the priority list for loan program monies, to be held at 3:00 p.m. on Wednesday, June 15, in Helena. (5) Letter from Jarrett Barber, 2188 Gallatin Green Boulevard #14, dated May 27, forwarding additional comments on the proposed Vida Urbana condominium project. 06-06-05 - 20- (6) Copy of a letter from the Bozeman Creek Neighborhood Association to the County Commission, dated May 23, regarding the Ice Pond bridge project. (7) Letter from Terry Quatraro, Chair of the Bozeman Beautification Advisory Board, thanking the landfill for allowing free use of the landfill in conjunction with Clean Up Bozeman Day. (8) Letter from Leona Poritz, 1418 Maple Drive, dated May 21 , encouraging that the Town and Country project be moved to the intersection of Kagy Boulevard and South 19th Avenue. (9) Agenda for the Bozeman Creek Neighborhood Association meeting that was held on May 19. (10) Agenda for the Gallatin Local Water Quality District Board meeting that was held on June 2. (11) Notice of the Hazardous Waste Collection Events scheduled for June 17 and 18 at the Haynes Pavilion. (12) Notices of the County Commission meetings to be held in off-site locations during August, September, October, and November. (13) Agendas for the County Commission meetings held on May 31 and June 1. (14) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 7, at the Courthouse, along with a notice that there will be no meeting on Wednesday, June 8, due to off-site budget meetings. (15) Agendas for the Development Review Committee meeting that was held on June 1 and the meeting to be held at 10:00 a.m. on Wednesday, June 8, in the Commission Room. (16) Agenda for the Design Review Board meeting held on June 1. (17) Agendas for the City Planning Board and Zoning Commission meetings to be held at 7:00 p.m. on Tuesday, June 7, in the Commission Room. (18) Invitation to attend a public meeting hosted by the Public Transit Stakeholder's Board at 7:00 p.m. on Tuesday, June 28, at the Engineering and Physical Science Building on the MSU campus. (19) Revised listing of meeting locations for the upcoming Commission meetings. (20) City Manager Kukulski submitted the following. (1) Encouraged the Commissioners to be sensitive in discussing land use and planning issues under this agenda item. (2) Gave a brief overview of a presentation to be received at next week's work session regarding advertising on public vehicles. , noting this might be a possible new source of funding. (3) Stated he had a positive meeting with MSU President Geoff Gamble this afternoon regarding the botched story on parking issues in Saturday's newspaper. (21) City Attorney Luwe stated that Bozeman and Belgrade have contracted with two individuals to provide public defender services with the proposed budget for the upcoming fiscal year. Tomorrow, he will attend a meeting with both judges and the potential public defenders to discuss contracts and issues and will then meet with the Public Defender's office to identify a transition plan. (22) Director of Public Service Debbie Arkell stated that she attended the meeting today at the Presbyterian Church, at which their interior remodel plan was reviewed. She noted that the exterior will have few changes; however, the $1.4 million project will result in nice sized community rooms that will be made available to the public. (23) Planning Director Andy Epple submitted the following. (1) Reported on the issues that staff has identified in reviewing the new informal application for StoneRidge Square Subdivision, which will be considered at next week's Commission meeting. (2) Stated that an application has been received for an addition to Aspen Pointe at Hillcrest. 06-06-05 - 21 - (24) Commissioner Kirchhoff announced that he will be absent from the June 20 meeting. (25) Mayor Cetraro voiced his appreciation for the City Manager's weekly newsletter, noting it provides information that helps him respond to questions. He also noted the Montana on the Move meeting was good and he looks forward to the action plan. Adiournment -10:10 p.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 by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and ayor Cetraro; those voting No, none. ATTEST: ~ ~ .Lt!/~ ROB N L. ULLlVAN Clerk of the Commission 06-06-05