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HomeMy WebLinkAbout2005-05-16 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 16, 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, May 16, 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 Finance Anna Rosenberry, Director of Public Safety Mark Tymrak, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Signing of Notice of SDecial Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. Work session - review of DroDosed revisions to unified development ordinance Mr. Duane Burkenpas, 1108 East Babcock Street, expressed concern with allowing accessory dwelling units within the "R-1" districts. He noted that adequate off-street parking is not generally provided within the single-family residential zoning district for all of the vehicles generated by the additional units, thus impacting snow removal in the winter and creating safety hazards for playing children in the summer. Further, he finds additional traffic in existing alleys that may result from accessory dwelling units above garages can add to the maintenance costs of those alleys. He's also concerned about the increased densities that can result in the older "R-1" areas of the community. He asked that neighbors not be asked to bear the costs of an individual wishing to add another unit within the single-family residential districts. Ms. Sondra Torma, 1025 East Babcock Street, stated that allowing accessory dwelling units in the "R-1" zoning districts does not meet the spirit of that zoning. She asked that the older areas of the community be maintained as designed and approved and that their single-family character be retained. She concluded by expressing concern that those units with accessory units could become two rentals unless the neighbors keep track of the situation and report it to the City's lone code enforcement officer. Assistant Planning Director Chris Saunders continued his review of the proposed revisions to the unified development ordinance by giving an overview of Nos. 74 through 84, all of which pertain to accessory dwelling units. Responding to questions from Commissioner Kirchhoff, the Assistant Planning Director stated that the provisions for accessory dwelling units were enacted in the late 1990s. At that time, a number of factors were discussed, including a desire to encourage increased densities in the older parts of the community, an interest in enabling those on fixed incomes to continue staying in their homes by supplementing their incomes, a possible return to the old character of neighborhoods where servants had living quarters on the alley, and providing a housing stock for students and those who do not desire a large residence. He noted that accessory dwelling units were initially allowed only in single-family residential zoning districts through conditional use permits. Allowing accessory dwelling units in the multi-family residential zoning districts became an option only with adoption of the new code. Commissioner Kirchhoff cited a couple applications that drew neighborhood opposition, noting that opposition was typically based on too much constructed space, parking congestion and a change in character of the area. He stated this suggests the things this provision was designed to promote are the very subjects of criticism and objection. He suggested that consideration be given to not allowing accessory dwelling units in single-family residential districts but allowing them in multi-family residential districts only. 05-16-05 ----- - 2 - Assistant Planning Director Saunders noted the most controversial proposals often include significant relaxations and noted one of the recommendations under these revisions is that there be a limitation on relaxations and that the provisions for accessory dwelling units be tightened. He stated that accessory dwelling units within existing homes don't generate much comment or concern, while second story units encroaching into setbacks and overlooking adjacent yards do. Commissioner Youngman expressed an interest in using Nos. 74 and 76 as the framework for revisions to the provisions for accessory dwelling units, noting she supports the advisory board recommendations that the deviation language be strengthened and that additional lot coverage, height limitations and setback limits be included. Commissioner Krauss noted that the houses in many of the 1960s and 1970s neighborhoods were built on small lots with no alleys, and adding accessory dwelling units, even within the existing house footprint, can have negative impacts on the neighborhood. He recognized that placing a limitation on the relaxations allowed to accommodate an accessory dwelling unit might help to ensure that density levels remain appropriate within the community. He then indicated support for No. 78, which allows accessory dwelling units with no deviations or variances and requires one off-street parking space for every bedroom in the accessory dwelling unit. Commissioner Kirchhoff expressed support for NO.7 4, noting that for him, it's an issue of light, air and space. Commissioner Youngman voiced her preference for identifying the issues that create the problems and addressing them through tightened standards. She stressed that at least three different housing boards and several Commissions have supported the concept of accessory dwelling units, and she feels eliminating them would be going too far. Commissioner Hietala noted that an accessory dwelling unit can result in less impact on a neighborhood than a basement apartment because of the limit on the number of people allowed in those units. He stated the average population in Bozeman in the 2000 census was 24 or 25, reflecting the student population that is generally searching for affordability. He then voiced an interest in seeing this section of the code rewritten in a comprehensive manner and suggested that these units be subject to approval at the staff level rather than by the Commission. Commissioner Kirchhoff suggested an analysis of those accessory dwelling units that have been approved might help in identifying the aspects of those projects that have been most troublesome and need addressing. Responding to Commissioner Youngman, Assistant Planning Director Saunders stated the Historic Preservation Advisory Board suggested a limit of two deviations for an accessory dwelling unit because of the historic development patterns in some portions of the community. In light of the time, Mayor Cetraro concluded this discussion and asked that it be continued at next week's work session. Break - 6:55 to 7:00 D.m. Mayor Cetraro declared a break from 6:55 p.m. to 7:00 p.m., to give the Commissioners an opportunity to prepare for the regular meeting. Minutes - March 21. Mav 2 and May 9. 2005 Mayor Cetraro deferred action on the minutes of the meetings of March 21 , May 2 and May 9, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. 05-16-05 - 3 - Ordinance No. 1636 - establishing initial municiDal zonina designation of "B-P". Business Park. on 0.56-acre Darcel along east side of 2311 South 7th Avenue (railroad right-of-wav): finallv adoDt ORDINANCE NO. 1636 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "B-P" (BUSINESS PARK DISTRICT) ON 0.56 ACRES LOCATED IN SECTION 24, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. Ordinance No. 1637 - amending the zonina desianation from "R-O" to "B-2" on 0.2891::!: acres at southeast corner of intersection of West Babcock Street and South 20th Avenue: finallv adoDt ORDINANCE NO. 1637 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP BY AMENDING THE ZONING DESIGNATION FROM "R-O" (RESIDENTIAL OFFICE DISTRICT) TO "B-2" (COMMUNITY BUSINESS DISTRICT), ON APPROXIMATELY 0.2891:t ACRES DESCRIBED AS LOT 1 AND THE NORTH 14.0 FEET OF LOT 2, BLOCK 1, KIRK SUBDIVISION NO.4, AND LOCATED IN THE SW% AND SE% OF SECTION 24, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Ordinance No. 1638 - establishing initial municiDal zoning designation of "R-4" on 5.6188 acres along south side of Durston Road and east side of Cottonwood Road: finallv adopt ORDINANCE NO. 1638 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 "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT) ON 5.6188::!: ACRES SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE SOUTH SIDE OF DURSTON ROAD AND EAST SIDE OF NORTH COTTONWOOD ROAD. Ordinance No. 1639 - amending alarm ordinance: Drovisionally adoDt and bring back in three weeks for final adoDtion 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 - amendina various sections and adding a new section to the Bozeman MuniciDal Code to Drovide for the creation of two Directors of Public Safety: Drovisionallv adopt and brina back in three weeks for final adoDtion 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 A NEW SECTION 2.40.015, PROVIDING FOR THE CREATION OF TWO DIRECTORS OF PUBLIC SAFETY: POLICE AND FIRE, AND 05-16-05 - 4 - THE AMENDMENT OF RELATED SECTIONS OF THE BOZEMAN MUNICIPAL CODE RELATED TO THE DIRECTOR OF PUBLIC SAFETY. Authorize Mayor to sign - Annexation Aareement with McLendon Investments. LLC - 1.754 acres described as Lot 27. Gordon Mandeville State School Section Subdivision (northeast corner of Griffin Drive and Maus Lane) Commission Resolution No. 3799 - annexina 1.754 acres described as Lot 27. Gordon Mandeville State School Section Subdivision (northeast corner of Griffin Drive and Maus lane) COMMISSION RESOLUTION NO. 3799 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1641 - establish an initial municioal zonina designation 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): orovisionallv adoot and brina back in three weeks for final adootion 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:t ACRES SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA. Authorize Citv Manaaer to sian - Acceotance of Public Street and Utility Easement for Griffin Drive - Mclendon Investments. llC - 15-foot-wide easement alona the south side of Lot 27. Gordon Mandeville State School Section Subdivision (northeast corner of Griffin Drive and Maus Lane) Commission Resolution No. 3800 - adooting fee tables for the Buildina Insoection Division COMMISSION RESOLUTION NO. 3800 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING FEE TABLES FOR THE BUILDING DIVISION. Commission Resolution No. 3801 - settina the oublic hearina on the aoplication from LigoCyte Pharmaceuticals. Inc.. for tax reduction for June 6. 2005 COMMISSION RESOLUTION NO. 3801 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF LlGOCYTE PHARMACEUTICALS, INC., FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEQ, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Acknowledae receiot of staff reoort - annexation of 3.34 acres Ivina alona Wilda Lane. south of West Babcock Street (A-05004) Commission Resolution No. 3802 - intent to annex 3.34 acres Ivina alona Wilda Lane. south of West Babcock Street: set oublic hearing for June 20. 2005 05-16-05 _________n___ - 5 - COMMISSION RESOLUTION NO. 3802 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS THEREOF AND THE OWNERS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize Mavor to sian - Findinas of Fact and Order for Cattail Creek Subdivision. Phase III (subdivide :!::51 acres located at the southeast corner of the future intersection of Davis Land and Hulbert Road into 66 lots. includina 38 sinale- household residential. 24 multi-household residential and 4 liaht manufacturina/commerciallots) Authorize City Manaaer to sian - Amendment No.2 to Professional Services Agreement for Hvalite Transmission Main - Morrison-Maierle. Inc.. Bozeman. Montana - add $7.740.00 to cover additional desian elements and $20.597.00 to cover oversight of biddina and construction Authorize City Manaaer to sian - Roadway Liahtina Aareement with NorthWestern Enerav - for West Babcock Street between Ferauson Avenue and West Main Street Authorize City Managerto sian - Water PiDeline and Access Easement and Aareement - extending southward from East Main Street through new librarv site Authorize City Manaaer to sign - AcceDtance of Grant of Easement for Joint ODen SDace - across DroDerties along west side of South 19th Avenue at West Dickerson Avenue (for Pineview Condominiums) Authorize City Manaaer to sian - Contract Agreement with DuMar Construction. Inc.. for Olive Street curb reDlacement and TamaracklWallace corner reconstruction - in the amount of $18.998.80 AdoDt master Dark Dlan for Baxter Sauare Maior Subdivision PUD (subdivide 18 acres on the north side of Baxter Lane. west of Thomas Drive. into 104 residential lots) AdoDt master Dark Dlan for West Winds Maior Subdivision PUD (subdivide 161.3 acres bounded bv Oak Street. North 27th Avenue. Fowler Avenue and Baxter Lane into 206 single household. 150 townhouse. 4 multi-household and 8 senior assisted living lots) ADDlication for Beer and Wine License - The Emerson Grill. 207 West Olive Street - for Calendar Year 2005 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. Public comment Mr. David Arnott stated he is one of a number of local residents disgruntled with the landscape code, particularly Section 18.80.1500 of the Bozeman Municipal Code, which requires at least 75 percent lot coverage in grass or other plant materials. He requested that the Commission strike that section of the 05-16-05 - 6- code, and submitted a proposed replacement that would promote water conservation. He encouraged the Commission to recognize that this area is in a federally designated drought and that the levels in the local reservoirs and aquifers are down, and that to maintain landscaping takes more water than regular household use. Ms. Debra Ramsdell, 2611 Snapdragon, noted she has been in a dispute with the City staff for the last two years after xeriscaping her yard. She stated that, the same week she got a letter from the City citing her for violation of the code, she received a pamphlet from the City suggesting water conservation through xeriscaping and voiced concern about the mixed signals being sent. She encouraged the Commission to be forward thinking and to allow more flexibility that encourages aesthetics and water conservation, particularly in light of the existing drought. Commissioner Youngman suggested a citizen task force to develop a standard that encourages more creative landscaping and less water use, noting the City could then identify language to accomplish the desired flexibility. Planning Director Epple acknowledged that improvements can be made in the code to eliminate the confusion, stressing that the laying of Kentucky blue grass sod is not the only way to meet the 75-percent landscape requirements. He suggested that, by working with a landscape architect staff could prepare a proposed revision to the unified development ordinance to address the issue and provide greater flexibility. Conditional Use Permit - allow conversion of a Dortion of a residential aaraae to a commercial kitchen for home-based catsuD making business - Mathew Henrv. 405 Stillwater Avenue (Z-05055) This was the time and place set for the public hearing on the Conditional Use Permit requested by Mathew Henry under Application No. Z-05055, to allow conversion of a portion of a residential garage on Lot 6, Block 6, Valley Creek Subdivision, Phase 2, into a commercial kitchen for a home-based catsup making business. The subject property is located at 405 Stillwater Avenue. Distributed just prior to the meeting were letters of opposition from Michael Basile, owner of the property at 404 Stillwater Avenue, and from Todd Fullerton, 406 Treasure Avenue. Public hearing Mayor Cetraro opened the public hearing. Planner Ben Ehreth presented the staff report. He 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 eighteen conditions plus code requirements. The Planner noted that the Commission has received two letters of opposition, identifying seven different concerns; and all but one of those issues is addressed in the conditions. The one outstanding issue is the section of the restrictive covenants for the Valley Creek Subdivision that states no home based occupations. He stressed that restrictive covenants are private agreements between the property owners, and the City can neither enforce nor relax those covenants. Mr. Matt Henry, applicant noted that state statutes regarding food manufacturing do not allow the production of food for sale in the same kitchen where meals are prepared. As a result, he proposes to partition off less than one-third of the garage and install a commercial kitchen for his catsup making business, noting he currently sells his product at venues such as Farmers Market. Mr. Mike Basile, owner of the property across the street from this property, noted he wrote one of the letters of opposition. He stressed that this is a residential subdivision and that the covenants preclude commercial use, including home occupations. He then stated that even though the property is zoned "R-4", it has been developed with duplex condominiums on the perimeter and single-family homes in the remainder of the subdivision. If this commercial kitchen is allowed, it will be incumbent on him as a realtor to announce the kitchen, which tends to have a detrimental effect on sale of the property and results in devaluation; and incumbent on property owners to monitor activities to ensure no other infractions of the covenants occur. He suggested that, rather than approving this application, it would be preferable for the 05-16-05 ...._..___..__..._u - 7 - applicant to find another location for his business. He concluded by asking that the Commission not approve this application. Mr. Dave Hannan, representing the owners of the property at 400 Stillwater Avenue, voiced opposition to the project. Mr. Henry recognized the future of his project depends on approval of the homeowners' association, noting that he is simply seeking City approval at this time. He then equated his proposal to the Pampered Chef and Tupperware sales that already exist in the neighborhood. Planner Ehreth noted staff is not recommending that the covenants be ignored, however, he stressed that the homeowners' association must be responsible for their enforcement. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Commissioner Kirchhoff, Planner Ehreth stated that no more than 30 percent of the gross area of all structures may be devoted to a home occupation. In this instance, he noted one of the recommended conditions of approval is that the applicant retain two full size parking stalls in the garage, so less than one-third of the space can be used for a kitchen. Commissioner Krauss acknowledged it is not the City's job to enforce the restrictive covenants; however, he stated it is also not the Commission's job to break those covenants. He noted this application would be stronger if it had the approval of the homeowners' association first; and without that he cannot support it. Commissioner Hietala noted that if this business grows beyond the space available in the garage, it must be relocated, and he feels that provides adequate safeguards. Mayor Cetraro expressed concurrence with Commissioner Krauss's comments. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Conditional Use Permit requested by Mathew Henry under Application No. Z-05055, to allow conversion of a portion of a residential garage on Lot 6, Block 6, Valley Creek Subdivision, Phase 2, into a commercial kitchen for a home-based catsup making business, be approved subject to the following conditions: 1. Any odors emitted from the home based business shall be mitigated on-site so as not to be distinguished by adjacent and neighboring properties. 2. The commercial kitchen associated with the home based business shall be subject to the licensing process established by the Gallatin County Health Department. Evidence that the Gallatin County Health Department has reviewed and approved the proposed home based commercial kitchen shall be submitted to the Planning Department prior to final site plan approval. 3. The proposed commercial kitchen shall be physically separated from the parking area of the garage by a floor to ceiling wall, which is subject to review and approval by the Gallatin County Health Department and must comply with any applicable building and fire codes. 4. Any deliveries associated with the home based business, to or from the proposed site, shall be made with the resident's personal vehicles. No delivery trucks shall be used to make any deliveries to or from the site, regarding the home based business. 5. A business license must be obtained prior to final site plan approval. 6. No retail or wholesale customers shall visit the site. 05-16-05 - 8- 7. A signed letter from the owner, which acknowledges the acceptance of all of the required modifications necessary for the home based occupation, shall be submitted to the Planning Department prior to final site plan approval. 8. The applicant is advised that any establishments responsible for food preparation shall use and maintain an outside two-compartment grease interceptor or indoor grease trap. Interceptor/trap design and installation is subject to City of Bozeman Building Department approval. In accordance with Bozeman Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. 9. Such home based business shall be conducted by resident occupants with not more than one on-premise halftime nonresident employee. 10. No more than 30 percent of the gross area of all structures shall be used for such purpose. 11. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure beyond that allowed in a residential use. 12. No home based business shall cause an increase in the use of anyone or more utilities operated by the City of Bozeman so that the combined total use for dwelling and home based business purposes exceeds the average for residences in the neighborhood. 13. There shall be no outside storage of any kind related tothe home based business. 14. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that allowed by this title~ 15. Home based business by conditional use permit may only be allowed on lots occupied by single-household detached dwellings. 16. Such conditional use shall be subject to all conditions set forth in this title, except the provisions of 18.48.060, Bozeman Municipal Code, Landscape Performance Standards. 17. All permits required by the City, including, but not limited to, building permits and business licenses, shall be received prior to establishing the home based business. 18. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, their successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permit, final site plan approval or commencement of the conditional use. 19. All code provisions shall be met, including the following sections in particular: . 18.34.130 FINAL SITE PLAN. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. . 18.64.100 BUILDING PERMIT REQUIREMENTS. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. 05-16-05 . __.___. ._n__ ..._...__.._._ ____".... - 9- . 18.40.110 HOME BASED BUSINESSES. Complaints by citizens of Bozeman may be cause for termination of the home based business. However, should such complaint be filed, the operator is entitled to an appeal to the City Commission for a public hearing. The City Commission shall determine whether or not the filed complaint identifies sufficient violation of this title to warrant termination or modification of the home based business. . 18.46.010 GENERAL PROVISIONS. Required parking spaces shall not be located in any required front or side yard, except that detached single household dwellings and townhouses, and duplexes with physically separated driveways, may have one space located within a driveway area in the required front yard for each parking space located directly in front of the driveway area and outside of the required front yard. . 18.46.040 NUMBER OF PARKING SPACES REQUIRED. The subject home must provide the required number of parking spaces identified in Table 46-2. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala and Commissioner Youngman; those voting No being Commissioner Krauss and Mayor Cetraro. Site Plan and Certificate of ApDroDriateness to allow the construction of a 1660-sauare-foot. two- stOry three-bedroom sinale-family house with a 1.242-sauare-foot attached aaraae at 307 and 311 North Broadway Avenue. with deviations to allow the proDosed house and aarage to encroach into the reauired 20-foot rear yard setback. allow less than 28 feet of backina distance. and allow rear lot coveraae to exceed 25 Dercent - Tom and Kris Olenicki. 307 North Broadwav Avenue (Z-05070) This was the time and place set for the public hearing on the site plan and Certificate of Appropriateness requested by Tom and Kris Olenicki under Application No. Z-05070, to allow the construction of a 1 ,660-square-foot, two-story, three-bedroom, single-fam ily house with a 1,242-square-foot attached garage on Lots 11 through 14, Block 15, Northern Pacific Addition, with deviations from Sections 18.16.050, Bozeman Municipal Code, to allow the proposed house and garage to encroach 6'!h feet into the required 20-foot rear yard setback; from Section 18.46.020, to allow less than 26 feet of backing distance; and from Section 18.38.050.H., to allow the rear lot coverage to exceed 25 percent. The subject property is located at 307 and 311 North Broadway Avenue. Public hearing. Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She noted that under this application, a house with attached garage is to be constructed on lots that currently contain a duplex. She identified the deviations requested in conjunction with this project, noting that they allow it to coordinate with the historic pattern of accessory structures sitting directly adjacent to the alley. The Historic Preservation 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 recommended approval subject to sixteen conditions plus code requirements. Mr. Tom Olenicki, applicant, voiced concurrence with the staff report and indicated a willingness to respond to questions. Ms. Lynn DiGennaro, 316 North Plum Avenue, stated she lives across the alley from the subject property and voiced concern about the requested deviations from the setback requirements along the alley. She also questioned the advisability of allowing this home on the alley, cautioning that the alley is not designed to accept the additional use that will be generated. She stated most of the homes in the area are single-family units, and there is already a duplex on this lot. She noted that, under this application, there 05-16-05 - 10- will be three dwelling units on the subject site, with little yard .space. With the configuration of this site, she's concerned that in a few years, all three units will become rentals, which could have an impact on the character of the neighborhood. Mr. Jeffrey Hicks stated he owns the property immediately to the north of this site. His concern is the location of the actual property line and ensuring that the placement of the new home and garage meet the setback requirements. He also expressed concurrence with Ms. DeGennaro's concerns about the character of the site in ten years. Mr. Mark Lowe, 610 Dell Place, representing the applicant, noted the subject property includes four city lots. He then stated that the area has an established pattern of accessory buildings on the alley and, in conjunction with this project, the applicant is to improve the alley at its intersection with East Davis Street under the recommended conditions of approval. Historic Preservation Planner Bristor noted that the subject property contains over 14,000 square feet; and under the zone code, a duplex requires 6,000 square feet and a single-family residence requires 5,000 square feet of lot area. She noted the low height and small footprint of the proposed new structure are of appropriate scale for this area. Mr. Tom Olenicki noted that he has agreed to work with Mr. Hicks on replacing the fence between their properties. He has found one property pin across the alley and. as a result, has a pretty good idea where the property line is located. He then indicated a willingness to work with Mr. Hicks and to ensure that at least a 5-foot side yard setback from the property line is maintained. 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 site plan and Certificate of Appropriateness requested by Tom and Kris Olenicki under Application No. 2-05070, to allow the construction of a 1 ,660-square-foot, two-story, three-bedroom, single-family house with a 1,242-square- foot attached garage on Lots 11 through 14, Block 15, Northern Pacific Addition, with deviations from Sections 18.16.050, Bozeman Municipal Code, to allow the proposed house and garage to encroach 6~ feet into the required 20-foot rear yard setback; from Section 18.46.020, to allow less than 26 feet of backing distance; and from Section 18.38.050.H., to allow the rear lot coverage to exceed 25 percent, be approved subject to the following conditions: 1. Prior to the issuance of final occupancy by the Building Department, the applicant shall remove all existing fences on the property and provide a site plan depicting all proposed new fencing for final review by Administrative Design Review Staff. 2. Prior to the issuance of final occupancy by the Building Department, the applicant shall repair and/or repaint the rear elevation of the existing duplex. 3. Prior to the issuance of final occupancy by the Building Department, the applicant shall surface the parking area in the front yard of the existing duplex, in accordance to Section 18.46.020.F, "Surfacing," of the Bozeman Municipal Code. 4. Prior to final site plan approval, the applicant shall provide a landscape plan depicting both existing and proposed landscaping on the subject site, for final review by Administrative Design Review Staff. 5. Prior to final site plan approval, the applicant shall provide a color palette and sample materials board for final review by Administrative Design Review Staff. 6. Seven (7) copies of the final site plan containing all of the conditions. corrections and modifications approved by the Development Review Committee shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. 05-16-05 - 11 - 7. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 8. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawing shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal C99J~.__ .~- "- -._----..~-- 9. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 10. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 11. Trees or other significant landscaping features shall not be placed within ten (10) feet of any utility main or service line. 12. All existing utility and other easements must be shown on the final site plan. 13. The location of existing hydrants, water and sewer mains shall be properly depicted. 14. Any cracked or broken portions of sidewalk along the street frontage shall be replaced. 15. The drive access opening shall not exceed 24 feet in width measured at the right of way line and 30 feet in width measured at the alley. 16. A paved drive approach shall be installed at the intersection of East Davis Street and the alley. 17. All code provisions shall be met, the following in particular: . Per Section 18.38.060, "Yard and Height Encroachments," eaves and gutters may not extend more than 2.5 feet into a required side yard setback. . Per Section 18.42.130, "Fences, Walls and Hedges," all new fences must conform to code requirements. . Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphalted concrete, or approved pavers, to control dust and drainage. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved by the City Engineer. 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. 05-16-05 ------.----.--......-.. - 12 - Annexation of::!:206 acres located west of Flora lane. north of Mandeville lane and east of Interstate 90 - State of Montana Department of Natural Resources and Conservation (State lands East) (A-05001 ) This was the time and place set for the public hearing on the annexation of :!::206 acres located in the south half of Section 36, Township 1 South, Range 5 East, as requested by the State of Montana Department of Natural Resources and Conservation under Application No. A-05001. The subject property is located north and east of Interstate 90, north of Mandeville Lane and generally west of Flora Lane. Public hearing Mayor Cetraro opened the public hearing. Assistant Planning Director Chris Saunders presented the staff report. He noted that the State operates this property for the schools. He stated the applicant is not present but has agreed to all of the issues identified in the staff report. He then indicated that no public comment has been received to date on this requested annexation. The Assistant Planning Director stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the staff report. He noted that, based on those findings, staff recommends approval of the requested annexation, subject to the following items being addressed prior to or in conjunction with the annexation agreement: 1. That the applicant execute a waiver of right to protest creation of SIDs for a City- wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks, as part ofthe Annexation Agreement. 2. That provisions for water rights or cash in lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the landowner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever occurs first, prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 3. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 4. An Annexation Map, titled "State Lands East Annexation Map" with a legal description of the property and adjoining unannexed rights-of-way and/or street access easements (i.e., Flora Lane and Mandeville Lane) shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), a reduced 81f2-inch by 11-inch or 8112- inch by 14-inch exhibit for filing with the Annexation Agreement at the County Clerk and Recorder, and a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Services and City Engineer's Office, and shall be submitted with the signed Annexation Agreement. 5. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void. 6. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to Wheat Drive, including but not limited to paving, curb/gutter, sidewalk, and storm drainage. 05-16-05 ...-............-. - 13- b. Street improvements to Red Wing Drive, including but not limited to paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Flora Lane, including but not limited to paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Mandeville Lane, including but not limited to paving, curb/gutter, sidewalk, and storm drainage. e. Improvements to the intersection of North 7th Avenue and Mandeville Lane. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 7. The Annexation Agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. 8. The proposed annexation lies within the Solvent Site Water Main Payback District. The adopted commission resolution requires the pro-rated cost of the water main to be paid prior to connecting to city services. The calculated rate for this payback is as follows: Rate = $0.082/square foot + Consumer Price Index Adjustment (CPIA) 9. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the'public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity,calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 10. A detailed Traffic Impact Analysis Report may be required prior to future development of the subject annexation. 11. The annexation shall include all of Flora Lane. 12. The applicant shall provide and file with the County Clerk and Recorder's office a full 60 foot executed Public Street and Utility Easement for the future Wheat Drive extension. 13. Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. 05-16-05 .-.........----.... n_.___ ....__..._.___ - 14- 14. Prior to annexation, the locations of the proposed sewer and water stubs along Wheat Drive must be identified. 15. Any proposed lease on the subject property involving a change of use or division of land shall be subject to review under local planning, zoning, and subdivision regulations. 16. The state will require and lessee of any property on the subject property to agree to pay as due all real and personal property taxes including beneficial use taxes assessed against the lease property and lessee's personal property and equipment installed and located upon the leased property, in addition to any special assessments that might be apportioned to the property. The State understands and acknowledges, as owner of the subject property, that private use of said property is subject to a "beneficial use" tax as provided in Section 15-24-1201, et seq. 17. The State shall require any municipal utilities extended to, and any infrastructure improvements installed within, the subject property to be designed and installed in compliance with the City of Bozeman standards. Responding to Commissioner Kirchhoff, the Assistant Planning Director stated that, since there is no parkland dedication requirement for commercial development, no trail corridor requirement was included in the issues to be addressed in conjunction with this annexation. He noted there is a stream corridor through the property that must remain vacant; and the State has indicated a willingness to provide a trail corridor through this property when development plans for the City's property to the north have been completed to ensure that the corridor is continuous. Commissioner Krauss voiced his interest in including a requirement that trails be extended through this property, to ensure they do not dead end at the boundaries of the parcel. As a result, the following item was added to the list of issues to be addressed prior to or in conjunction with the annexation agreement: 18. Rights-of-way by easement or other mechanism acceptable to the City shall be provided for pedestrian/bicycle trail(s) at the time of subdivision or other development of the property. The locations shall be consistent with those shown in the City's adopted transportation plan and/or growth policy unless other locations are approved by the City, such as along the existing watercourse. Landowner understands and agrees that any contiguous parks, open space, and/or trails shall be extended to the annexed property and that location, facility type, and other park development issues will be coordinated between Landowner and reasonably anticipated development on adjacent property to the north. While coordination is needed, final approval will remain with the City, and landowner will be responsible for the development of their property to the standards required by ordinance or development approval on their property. City Manager Kukulski noted that, because this property is State owned, staff has proposed language utilized in other cities be included to clarify that any private or for-profit uses may a beneficial use tax and a requirement that development comply with the City's regulations. Assistant Planning Director Saunders noted the State is currently undergoing a review of how its lands are used and has made a commitment to follow local ordinances to the greatest extent possible. No public comment was received on this proposed annexation. 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 authorize and direct staff to bring back an Annexation Agreement, addressing Item Nos. 1 through 18 listed above, for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. 05-16-05 .__"..._n_._.._......_..._____.."'_.._ - 15 - Zone Map Amendment - establish initial municipal zoning designation of "M-1" on %206 acres located west of Flora Lane. north of Mandeville Lane and east of Interstate 90 - State of Montana Department of Natural Resources and Conservation (Z-05043) This was the time and place set for the public hearing on the zone map amendment requested by the State of Montana Department of Natural Resources and Conservation under Application No. Z-05043, to establish an initial municipal zoning designation of "M-1" on :t206 acres located in the south half of Section 36, Township 1 South, Range 5 East. The subject property is located north and east of Interstate 90, north of Mandeville Lane and generally west of Flora Lane. Public hearing Mayor Cetraro opened the public hearing. Assistant Planning Director Chris Saunders presented the staff report. He stated that staff has reviewed this application for an initial municipal zoning designation of "M-1" on this property, which was the subject of the previous agenda item. He noted that staff has reviewed this application in light of the twelve criteria in the zone code, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has found the requested zoning is consistent with the zoning and development of the surrounding area. The Assistant Planning Director reported that the Zoning Commission reviewed this application at its April 19 meeting and concurred in staff's findings and recommendation. No public comment was received on the requested zoning designation. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the zone map amendment requested by the State of Montana Department of Natural Resources and Conservation under Application No. Z-05043, to establish an initial municipal zoning designation of "M-1" on :!::206 acres located in the south half of Section 36, Township 1 South, Range 5 East, be initially approved and that staff be directed to bring back an ordinance enacting the zoning, subject to the following conditions: 1. That the ordinance of the zone map amendment shall not be adopted until the resolution of annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2. That the applicant submit a zone amendment map, titled "State Lands East Zone Map Amendment", on a 24-inch by 36-inch mylar, 8~-inch by 11-inch, or 8~-inch by 14-inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, total acreage of the property and adjoining rights-of- way and/or street access easements (Le., Flora Lane and Mandeville Lane). 3. That the ordinance for the zone map amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. 05-16-05 - 16- Reconsideration of four conditions of aDDroval (Desian Condition Nos. 2. 7. 12 and 14) for site plan and Certificate of ADDroDriateness for The Garaae at City Center ~ Morrison~Maierle. Inc.. and Pruah and Lenon for The Garaae at City Center (Z~05006) This was the time and place set for the public hearing on the request from Prugh and Lenon on behalf of The Garage at City Center under Application No. Z-05006, for reconsideration of Condition Nos. 2, 7, 12 and 14 for approval of the site plan and Certificate of Appropriateness for The Garage at City Center. Included in the Commissioners' packets was a letter from Michael Delaney and Ileana Indreland requesting the garage remain a quality project in keeping with the historical architecture of the downtown. Public hearing Mayor Cetraro opened the public hearing. Planning Director Andy Epple presented staff report on behalf of Contract Planner Lanette Windemaker. He highlighted the four design conditions on which the applicant has requested reconsideration, as follows: 2. The final site plan shall depict recessed (not more than five feet) doorway entrances for all ground retail storefronts. 7. The final site plan shall depict the east elevation of Retail Space 4 as an additional storefront window bay, and the South elevation of Retail Space 1 as an additional storefront window bay. 12. The final site plan shall depict architectural elements that screen the parking garage openings on all elevations; examples of such elements may include arched skylights framed in steel, or decorative and/or patterned metal screening. 14. The final site plan shall depict metal awnings/canopies solely above the entrance storefront bays of all ground retail. The Planning Director noted that three of the conditions were addressed by staff and the applicant during the review process and were inadvertently included in the conditions of approval. He stated the other condition, which pertains to screening, does require Commission attention at this time. Responding to Dick Prugh, architect for The Garage at City Center, the Commissioners indicated a preference to concentrate on Condition No. 12, pertaining to screening of the openings. Mr. Dick Prugh stated the condition pertaining to screening came from the Historic Preservation Officer as a suggestion for adding architectural elements. He has since talked to the State Historic Preservation Officer about the project, since that office must determine the project does not degrade the downtown historic district for it to qualify for federal funding. He stated a couple of conditions that the State Historic Preservation Officer identified have already been agreed to by the applicant, and he found the garage as proposed is acceptable. He noted the parking garage does not need to look like a building to be in or adjacent to an historic district, and there is no strict guideline that requires screening of the openings. Mr. Prugh questioned the purpose of the screening and, if screening is to be provided, what type is envisioned. He stressed that the developer's team is trying to build this garage within budget, and he projects that screening will add $200,000. In the meantime, the cost of concrete has increased $300,000 since the first of the year, and since the last meeting, the team has cut $200,000 in projected costs through measures that do not degrade its appearance or quality. Commissioner Krauss noted the Commission was specific in including the condition to require screening. He suggested that the requirement for screening could be eliminated on the alley side, but he feels it is important on the other three sides. City Manager Kukulski reminded the Commissioners that this structure is being built as a City parking garage. He then noted that Phases I and II of the parking garage are essentially screened from 05-16-05 .___...__..__._...._n. - 17 - view by the retail spaces along the street and suggested that screening be required in conjunction with Phase III, which is where the mass and size become evident. He stated that, if the federal highway bill is approved as it is currently drafted, it contains $4 million for this garage, and some of those monies could potentially be used to cover this aesthetic component. Mr. Dick Prugh gave a power point presentation, showing the rendering of the parking garage and its appearance after the various phases. He noted that, if the federal funding does become a reality, the initial construction will include both Phases I and II of the project. He also showed the photos that were presented to the public at the first informational meeting; the one most desired by those in attendance would cost an estimated $19,000 per stall to construct. Commissioner Kirchhoff recognized that screening of the openings may not be necessary with Phase I and suggested that, if the condition is to remain, it be made effective with Phase II. Commissioner Youngman suggested that the alley side of the parking structure not be subject to the screening requirement and that screening be required for all phases on the east end of the structure; otherwise, she supports making the screening requirement effective with Phase II for the other two elevations of the structure. She then indicated she envisions something quite modest, noting that even a horizontal bar helps to break the view of the cars. Mr. Dick Prugh noted that if the federal monies are not appropriated, the top floor is eliminated. He stressed, however, that all design work for the entire three-phase structure must be completed at this time, prior to the beginning of any construction. Mr. Dick Clotfelter noted that Phases I and II have been designed and priced as a single package with the idea that the federal funding would become a reality. He expressed concern about adding to the costs of the project by requiring the screening that is not currently in the project and noted it is his intent to go to bid in July. To add the screening at this time would require additional design work, which could delay the project as well as increase the costs further. Planning Director Andy Epple noted that the term "screening" of the openings might be overstating what the Commission envisions; rather, he suggested the condition be to include architectural decorative features that provide a level of visual relief. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Kirchhoff noted that, in light of the confusion that seems to revolve around the issue of screening the openings, it is his preference to eliminate the four conditions on which the applicant has requested reconsideration. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the conditions of approval of the site plan and Certificate of Appropriateness for The Garage at City Center under Application No. Z-05006, as approved on March 7, 2005, be revised to eliminate Design Condition Nos. 2, 7, 12 and 14 as listed above, so that the conditions of approval read as follows: 1. The final site plan shall describe the preservation measures being implemented to protect the existing trees. These preservation measures shall be reviewed and approved by the City Forester prior to final site plan approval. If any trees are to be removed their appraised value must be paid to the Forestry Division. 2. The applicant shall ensure that the street trees include a variety of species, and are not limited to elms. 3. Installation 0 f a traffic signal at the intersection of East Mendenhall Street and North Black Avenue is required as a part of the Phase 1 development of this site. The installation of a traffic signal at the intersection of Mendenhall Street and North Tracy Avenue is to be installed in a future phase of the City Center Development per the Traffic Impact Study. 05-16-05 ----- - 18- 4. The requested code relaxation to the parking standards in Section 18.46.020, Bozeman Municipal Code, to allow 18-foot-long parking stalls and 24-foot-wide aisle width is acceptable with the following provision: Signs are to be posted at the parking garage entrances noting the maximum permissible vehicle length is 18 feet. 5. The requested code relaxation to the drive access standards in Section 18.44.090 D., Bozeman Municipal Code, for the drive approaches on East Mendenhall Street and North Black Avenue is acceptable with the following provisions: A left-turn only lane is to be provided for the Mendenhall Street access (but not between the drive access and North Tracy Avenue) per the Traffic Study Update in a letter from Marvin & Associates dated January 11, 2005. The drive approach exit on North Black Avenue is to be right-turn only. 6. The applicant is advised that any newly-constructed establishments responsible for food preparation shall install an outside two-compartment grease interceptor. Interceptor design and installation is subject to City of Bozeman Building Department approval. In accordance with the Bozeman Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. 7. The final site plan shall depict a cornice and parapet (with a minimum height of four feet) for all ground retail facades. 8. The final site plan shall depict vertical architectural elements and/or divisions that define each storefront window bay of the ground retail facades. 9. The final site plan shall depict the pedestrian plaza along North Tracy Avenue with a mixture of ground surface materials (to distinguish pedestrian from street space). 10. The final site plan shall depict the ground retail storefronts as providing at least 1 ~ feet of unglazed base. 11. The final site plan shall depict all windows as having clear, non-reflective glazing. 12. The final site plan shall include a lighting plan that depicts the following: a) accent lighting proposed on all elevations of the parking garage structure, b) streetscape lighting fixtures proposed along North Black and Tracy Avenues and East Mendenhall Street, and c) streetscape lighting fixtures proposed along the alley. 13. The applicant shall provide a color and materials palette for all materials proposed in the new construction, for review and approval by Administrative Design Review staff, prior to final site plan approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner Youngman. Exemption from subdivision review - preliminarv plat to aggreaate Lots 1 through 26. Block 3. Butte Addition (Storv Mansion. 811 South Willson Avenue) (P-05014) Included in the Commissioners' packets was a memo forwarding the staff report and preliminary plat to aggregate Lots 1 through 26, Block 3, Butte Addition, as requested by the City of Bozeman under Application No. P-05014. The subject block is bounded by South Willson Avenue, West College Street, South Grand Avenue and West Harrison Street. Planning Director Andy Epple presented the staff report on behalf of Associate Planner Jody Sanford. He noted that aggregation of these lots was initiated by the Commission in preparation for sale of the Story Mansion property, as a measure to help protect the historic value of this property. 05-16-05 - 19- The Planning Director noted that staff reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of this preliminary plat. He then indicated that two letters have been received. One is from former Historic Preservation Officer Derek Strahn, in support of the aggregation of lots, and one from a local developer who feels the lots should remain as they are, providing an option for further development of the block. Responding to questions from Commissioner Krauss, the Planning Director indicated this is a minor subdivision because it results in less than five lots being created. He then assured the Commission that a future subdivision is possible, noting that it would be subject to public review since it would be a subsequent subdivision. Assistant City Manager Ron Brey noted that in the past, the Commission has discussed the possibility of a deed restriction to preclude further subdivision of this block and that would also be a Commission action. Mayor Cetraro indicated he does not support the aggregation of lots into a single block. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the preliminary plat to aggregate Lots 1 through 26, Block 3, Butte Addition, as requested by the City of Bozeman under Application No. P-05014, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Commissioner Kirchhoff; those voting No being Mayor Cetraro. Discussion re decision-making authority on the Town and Country Grocers zonina application Included in the packets and distributed just prior to the meeting were several letters and e-mail messages regarding this issue. City Manager Kukulski stressed that the focus of this discussion is not the application; rather, it is whether to take the project out of the administrative review process and place the final decision with the City Commission. Commissioner Kirchhoff stated he has been thinking about how this project should be reviewed and approved, noting he and Mayor Cetraro are the two who have been opposed to moving the decision to the Commission table. His position was based on the belief that the Planning Director and staff are more qualified to look at the plan, identify its strengths and weaknesses and make a professional decision. This project is the subject of too much controversy for him to continue in that belief; he finds that the Commission will be seeing this project either for the final decision or as an appeal. Allowing this to go through the appeal process is inappropriate, since that is a more fractious process; and he now supports assuming jurisdiction over this application at this time. Commissioner Krauss noted that three Commissioners have supported moving this application to the Commission level, and he believes there are a considerable number of public issues surrounding this application that need to be discussed prior to the decision being made. Commissioner Hietala stated that he feels it is important for the Commission to assume jurisdiction over an application when the neighbors raise issues. He stressed that he does not wish to micro-manage but feels it is important for the Commission to protect the public interest and safety. Commissioner Youngman noted her continued interest in assuming jurisdiction on this application, particularly since it is a controversial issue. Mayor Cetraro noted that public access is not as easy through the administrative review process as it is when the Commission makes the decision. He recognized that the Commission will ultimately see this project and, based on the Commissioner comments, that will occur prior to the final decision. Mr. Don Kreitz, 2001 Fairway Drive, encouraged the Commissioners to make the final decision on this application, noting they are elected to represent the citizens of the community. 05-16-05 - 20- Mr. John Thiede, 2605 Westridge Drive, expressed concern about the IIvillification of people like Andy Epple and Jerry Perlinski" through the process to date. He noted that, whether this project goes through the administrative review process or the decision is made by the Commission, he would like to see a project that is appropriate for the site and the neighborhood. Ms. Robbie Gammack, 311 South Willson Avenue, stated she feels it is important for this project to be considered in the public review process. She noted that she attended last night's informational meeting on this project, and found there is much misinformation being disseminated. She stressed the importance of this being a neighborhood grocery store, and not a super grocery store. She concluded by thanking the Commissioners for their willingness to assume jurisdiction and allow for public input. Ms. Kaaren Jacobson, 1110 South 3rd Avenue, thanked the Commissioners for assuming the decision-making role on this project. She also encouraged the Commissioners to consider another amendment to the unified development ordinance to eliminate the requirement for a super-majority vote to assume jurisdiction over a specific project. Mr. Ken Gallik, 15 Hill Street, spoke on behalf of the SouthEast Neighborhood Association, thanking the Commission for deciding to act on this project rather than allowing it to remain in the administrative review process. Ms. Rachel Wallace, 401 South Willson Avenue, voiced her appreciation for the Commissioner comments, noting that neighborhoods in all directions will be impacted by this proposed development. Ms. Gail Farnsworth Smith, 106 Silverwood, characterized the Commissioner comments as an unbelievable surprise and thanked them for their willingness to consider this project. Mr. Jerry Perlinski, applicant, recognized that the decision in this project belongs with the Commission rather than in the administrative review process. He noted there is a lot of misconception about his project, and stated that by working together, he feels an appropriate project can result. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission assume decision-making authority on the Town and Country Grocery zoning application for construction of a store at the southeast corner of the intersection of South Third Avenue and Kagy Boulevard. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissi.oner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Appointment to Public Transit Stakeholders' Board Commissioner Kirchhoff noted that no applications have been received for this position and, as liaison to this board, he will seek applicants. Appointment to Local Government StudY Commission Commissioner Kirchhoff noted that John Trull, the lone applicant forthis position, has been a student in one of his classes at MSU and has a strong interest in City issues. Also, he is extraordinarily in touch with issues in Bozeman and has been attending the Study Commission meetings. Mayor Cetraro expressed an interest in seeing an application prior to making this appointment. Commissioner Krauss noted that this appointment is different from the previous appointment, since that one was filled by one who had run to serve on the Local Government Study Commission. He then expressed an interest in delaying the decision to see if anyone else applies. In light of the Commissioner comments, City Manager Kukulski indicated the appointment will be placed on next week's agenda, so the appointment can be made within thirty days of Mr. Wise's resignation. 05-16-05 --..---... .-..,.-.-.....--- .....---.... - 21 - Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) E-mail from John Abate suggesting that Commissioners be elected by wards rather than at large. (2) Letter of resignation from the Bozeman Area Bicycle Advisory Board, submitted by Jim Nallick. (3) Letter from Debra Ramsdell, 2611 Snapdragon, dated April 22, voicing frustration about being cited for her xeriscape yard, which nearly eliminates her dependence on high cost potable water for irrigation. (4) Copy of a letter from Ben White, 322 North Tracy Avenue, dated April 5, voicing concern about an incident at Hope House on Easter. (5) Updated listing of planning projects to be considered at upcoming Commission meetings, dated May 6. (6) News release announcing that flowing of fire hydrants is scheduled to being on May 16. (7) Urgent news release announcing that the landfill was temporarily closed on May 11 due to high winds. (8) Minutes for the Community Affordable Housing Advisory Board meeting which was held on April 13. (9) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, May 17, and at 1 :30 p.m. on Wednesday, May 18, at the Gallatin County Courthouse. (10) Agendas for the Planning Board meeting to be held at 7:00 p.m. and Zoning Commission meeting to be held at 7:30 p.m. on Tuesday, May 17, in the Commission Room. (11 ) City Manager Kukulski submitted the following. (1) Assured the Commission that the ordinance on the consent agenda is not designed to balloon administration, but provides structural changes that will accommodate the future. (2) Noted that one of the items on next week's work session will be a discussion on the powers and duties of the parking commission. (12) Assistant City Manager Ron Brey stated the request for proposals for the Story Mansion will be ready for distribution next week. He noted that one of the additions is designed to give the City a mechanism for easing out of the process, and indicated that the successful proposer would have the ability to subdivide the property if needed. (13) City Manager Kukulski noted the bid specifications for the solid waste transfer station should be ready within the next week or two. He cautioned that the project, which was initially projected at $4 million and increased to $6 million just prior to his arrival, has now been projected at $7 million. In light of those costs and the City's current financial status, he questioned whether this project is viable and whether it is appropriate for the City to remain in the solid waste business. Commissioner Youngman voiced concern about not remaining in the solid waste business, citing the skyrocketing rates in Belgrade when the area became serviced by a single hauler. Assistant City Manager Brey noted the political boundaries go away for SFI and, as a result, he suggested they will not build a transfer station. Rather, he suggested that they have an opportunity to organize routes not available to the City of Bozeman so they can haul to the Logan landfill from various points in the valley without traveling empty. He noted that, if the City were to enter into a franchise agreement for solid waste collection, those monies could be used to provide the other services, such as recycling. 05-16-05 --..-.-.-..,,-.. - 22- Commissioner Krauss noted that attention must also be paid to environmental issues and ensuring that adequate service is provided. He cautioned that, if the City does build this facility, its rates will soon be higher than the competition's, and the result will be a loss of customers. He then noted that, when the library was made the City's top priority, he recognized some major restructuring would be needed, and he views this as the first issue to arise in that context. (14) City Manager Kukulski voiced concern that, at this time, it looks like retiring the library debt will result in a $120,000 to $150,000 annualized reduction in the budget for operations at some point. The project will start running in the negative late this fall; and he feels some deadlines for funding need to be established or it may be necessary to go to the Board of Investments for monies for the project, with debt retirement being covered through the annual library budget. He suggested that an update on fundraising is needed during one of the upcoming work sessions. (15) Commissioner Youngman submitted the following. (1) Noted the Bozeman Area Bicycle Advisory Board has published a bike route map that is now available for public distribution. (2) Showed the Commission a picture of a hydrogen fuel cell vehicle send by former City Manager Clark Johnson. (3) Asked that the additional information laid on the Commissioner desks be numbered so it can be easily filtered into the packet material. (16) Commissioner Youngman asked if staff needs direction on the xeriscape issue. Planning Director Epple noted there are some interesting landscapes in Bozeman that are not grass, and his office directs people to those sites to see what alternatives are available that meet code. He stressed that xeriscaping is not rocking the whole yard or not irrigating and letting the grass turn brown. (17) Acting City Attorney Cooper announced that today was the last day to file on the impact fee lawsuit, and he has not heard of any filings. Adjournment - 10:00 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 bein Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngma an ayor Cetraro; those voting No, none. AND . CETRARO, Mayor ATTEST: "'./~ IN L. SULLIVAN Clerk of the Commission 05-16-05 -. .-. --.-..---..-------