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HomeMy WebLinkAbout2004-05-24 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 24, 2004 ***************************** Executive Session re personnel At 6:40 pm, Mayor Cetraro announced that, pursuant to Section 2-3-203(3), M.C.A., the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He noted that a level of confidentiality has been identified in the process of selecting a new City Manager, at least until the final round. He then called an executive session for the purpose of reviewing the applications and tabulation of results from the Commissioners' individual reviews. At 7:05 pm, Mayor Cetraro closed the executive session and convened the open meeting. Break -7:05 to 7:12 pm Mayor Cetraro declared a break from 7:05 pm to 7:12 pm to give the Commission an opportunity to prepare for the formal meeting. Call to Order. Pledae of Alleaiance and Moment of Silence The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 24, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe, and Deputy Clerk of the Commission Karen DeLathower. Minutes. April 19. April 26. Mav 3. May 10. May 14 and May 17. 2004 It was moved by Commissioner Krauss. seconded by Commissioner Youngman, that the minutes of the meetings of May 10 and May 14, 2004 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala. and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meeting of April 19, April 26, May 3, and May 17, 2004 to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Commission Resolution No. 3688 . reimbursement resolution for parkina aaraae COMMISSION RESOLUTION NO. 3688 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. 05-24-04 - 2 - Authorize Actina City Manaaer to sian - AcceDtance of Public Access Easement from Duct TaDe LLC - across Lot 62. Babcock Meadows Subdivision. Phase 2B (alona southwest side of Donna Avenue) Authorize Actina City Manager to sian - Professional Services Aareement for Water Facility Plan - Allied Enaineerina Services. Inc.. Bozeman. Montana Reiect all bids for new Dublic library. Der recommendation from Library Board of Trustees Buildina InsDection Division reDort for ADril 2004 Claims Regarding the Professional Services Agreement for a water facility plan, Commissioner Youngman noted staff had talked about a water conservation plan, but she didn't find reference to one in this plan. Staff will need to add a sentence to the contract to include a water conservation plan. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as I isted a nd authorize and direct the appropriate persons to complete the necessary actions, including a revision to item 5c to authorize staff to amend the Professional Services Agreement with Allied Engineering Services, Inc. for a water facility plan by including reference to a water conservation plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, Commissioner Krauss. Public comment No comment was received under this agenda item. Public hearina - Certificate of ADDroDriateness to allow construction of a new dUDlex on Tract 24. Block 1. Perkins & Stone ProDerties. with deviations from Section 18.16.040. Unified DeyeloDment Ordinance. to allow dUDlex on lot that is 15 feet less than reauired width: from Section 18.16.050. to allow buildina to encroach 5 feet into reauired 25-foot front yard setback and Dorch to encroach an additional 5 feet 8 inches into the front yard setback and 5 feet into the reauired 15-foot corner side yard setback - Verna Badaley on behalf of Vern Whiteman (401 East Lamme Street) (Z-04115) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Verna Badgley on behalf of Vern Whiteman under Application No. Z-04115, to allow the construction of a new duplex on Tract 24, Block 1, Perkins and Stone Properties, with deviations from Section 18.16.040 of the Unified Development Ordinance, to allow the duplex to be located on a lot that is 15 feet less than required 60-foot width; and from Section 18.16.050, to allow the building to encroach 5 feet into the required 25-foot front yard setback, and the porch to encroach an additional 5 feet 8 inches into the front yard setback and 5 feet into the required 15-foot corner side yard setback. The subject property is located at 401 East Lamme Street. Mayor Cetraro opened the public hearing. Assistant Planner Kozub presented the staff report, noting staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. In October of 2003 a fire destroyed the original structure, so the site is now vacant. Staff supports the requested deviations but does have concerns with the roof height and pitch. Staff has concluded a four-foot decrease would make this structure far more compatible with this neighborhood. Staff has suggested three methods of lowering the height of the structure, with the final method to be left up to the architect and applicant. This structure will still be significantly taller than the surrounding structures; but staff believes the taller height is acceptable because this property serves as a transition from the institutional and commercial uses to the south to the residential uses to the north and east, the structure will serve as a prominent "entrance" feature into the residential neighborhoods, the structure will help create both visual and physical separation from the existing residences to the north and 05-24-04 - 3 - east, and the existing and new landscaping will help to decrease the massing. There is a vacant lot, which can be built upon, between this property and the next structure. Four on-site parking spaces are proposed, and on-street parking is allowed. One letter of support has been received from the property owner of the vacant lot to the east. Commissioner Hietala noted Rouse Avenue is an arterial and asked if there will be provisions for egress without backing out onto Rouse Avenue. Associate Planner Kozub stated a bumpout will be provided, so those parking in the rear can back up and pull forward onto the street. Michael Pentecost, Aixa Architects, stated one of their design concepts was that, because of the distance to the adjacent structures, it would be appropriate to create a marker on this corner that indicated the transition from the commercial to the residential district. They have no problem decreasing the building height, but they prefer to go down to 33 feet, rather than the 32 feet requested. By reducing the height to 33 feet, they can still maintain an acceptable quality of interior space and architectural integrity. The contractor has pointed out the original design height from grade is 34 feet, not the depicted 36 feet. They would prefer to maintain the height at 34 feet, as originally designed, because they feel the 9-foot ceilings on the main floor will make the occupants feel more comfortable with the narrow footprint. Commissioner Krauss pointed out the ground floor of the building is the same grade as Rouse Avenue, but the grade of the property is three or four feet above Rouse Avenue. Mr. Pentecost responded the floor system will be put down into the foundation, and there will be 10 inches of exposed concrete on the side of the house. The model presented is truly representative of what will be constructed. Lowell Springer, 117 Hoffman Street, noted the proportions of this design are exquisite; and he encouraged the Commission to try to accommodate the height. Associate Planner Kozub said staff would like to add two conditions, one regarding the drive access and the other regarding sidewalks. No one was present to speak in opposition of this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Verna Badgley on behalf of Vern Whiteman under Application No. Z-04115, to allow the construction of a new duplex on Tract 24, Block 1, Perkins and Stone Properties, with deviations from Section 18.16.040 of the Unified Development Ordinance, to allow the duplex to be located on a lot that is 15 feet less than required 60-foot width; and from Section 18.16.050, to allow the building to encroach 5 feet into the required 25-foot front yard setback, and the porch to encroach an additional 5 feet 8 inches into the front yard setback and 5 feet into the required 15-foot corner side yard setback, be approved subject to the following conditions: 1. The proposed duplex shall be a maximum of 34 feet in height. 2. The design shall incorporate additional architectural details including larger double- hung windows on the first floor of the north elevation for review and approval by the Planning Office prior to building permit approval. 3. The design shall incorporate an offset along the east elevation sUbject to review and approval by the Planning Office prior to building permit approval. 4. The applicants shall provide a sample color and materials palette prior to construction for review and approval by the Planning Office prior to building permit approval. 5. Vegetative screening must be maintained or planted along the north and east portions of the lot including replacing the lilac shrubs that were damaged during the fire. 05-24-04 - 4 - 6. The applicant shall obtain a building permit and pay all required fees prior to construction and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 7. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. 8. The applicant shall obtain approval from the Montana Department of Transportation for the drive access prior to building permit approval. Said drive access shall be constructed to City of Bozeman standards. 9. Any section of cracked or broken sidewalk must be replaced. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Public hearina - variances from Section 18.18.050.A.2.. Unified Development Ordinance to allow 25- foot encroachment into front yard setback alona West Main Street. and from Section 18.74.060. to extend the period oftime to complete site-related landscape improvements on Buttrev's Tract Center - Sprinaer Group Architects for Red Mountain Retail Group (1601-1631 West Main Street) (Z-04047) This was the time and place set for the public hearing on the variances from Section 18.18.050.A.2. of the Unified Development Ordinance, as requested by Springer Group Architects for Red Mountain Retail Group under Application No. Z -04047, to allow a new structure on Buttrey's Tract Center to encroach 25-foot into the front yard setback along West Main Street, and from Section 18.74.060, to extend the period of time allowed to complete site-related landscape improvements. The subject property is located at 1601 to 1631 West Main Street. Mayor Cetraro opened the public hearing. Senior Planner Skelton presented the staff report, noting the next agenda item is also related to this property. This proposal is part of a plan by the landowners to renovate the existing structure and construct a 6,000+-square-foot multi-tenant structure backing onto West Main Street. He noted the McDonald's restaurant is located on a separate parcel and is not a part of this subject property. This property is located in the West Main Street Entryway Overlay District and must comply with the Unified Development Ordinance and the design objectives plan for entryway corridors. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval of the variance from Section 18.18.050.A.2., but not the requested variance from Section 18.74.060 of the Unified Development Ordinance. Staff's comprehensive findings can be found in the written staff report. The Commission will be voting on the submittal, as found in the staff report. No public comment has been received by staff. Senior Planner Skelton noted staff feels the six-foot high retaining wall along West Main Street creates a condition unique to the property that would constitute a hardship; and, therefore, recommends approval ofthe variance from Section 18.18.050.A.2. of the Unified Development Ordinance. The applicants argue that the existing solvent site restricts their ability to complete the installation of the required parking lot landscaping because of its status as a groundwater control area. They contend that disturbance of the subsurface hydrology will adversely affect the spread of the solvent site plume. However, the Montana Department of Environmental Quality(DEQ) points out that the contaminated area is along the north boundaries behind the existing building and at the northeast corner of the site, there is no evidence that installation of the landscaping will pose an impact to the area or a threat to public safety, there is no evidence that installation of landscape irrigation will increase any potential hazards associated with the groundwater control area, and the limited application of landscaping irrigation does not increase the risks. Based on those findings, there is no evidence that the variance is necessary, so staff recommends denial of the requested variance from Section 18.74.060. 05-24-04 ---" .---.-.--.--.--...-....--- - 5 - Director of Public Service Arkell stated she has talked at length with Barry O'Connell, attorney for the Buttrey solvent site. He has indicated that all of his research and knowledge indicate that planting vegetation within the solvent site area is perfectly fine. In fact, the water going into the soil from landscape irrigation would help to dilute the solvent site. His only concern would be that drilling an irrigation well on the north end could possibly suck the contaminated groundwater to the south; right now all the contaminated water is flowing to the north. If an irrigation well is proposed, the location would have to be approved by the Montana Department of Environmental Quality. Lowell Springer, Springer Group Architects, thanked staff for the time and energy that has been spent on this proposal. He stated the applicants would be agreeable to withdrawing the request for the variance to delay the installation of required landscape improvements if the Commission would, in the event DEQ says they cannot continue going forward with the landscaping, authorize staff to work the issue out with the applicants. No public testimony was received in opposition to this application. Since there were no Commissioner objections, Mayor Cetraro closed the pUblic hearing. Senior Planner Skelton stated staff will advise the applicants that the governing body has elected not to grant the second requested variance, and the applicant will be required to install the landscaping unless DEQ concludes that is not appropriate. Commissioner Krauss stated he will vote in favor ofthe variance to allow encroachment into the front yard along West Main Street because this won't be contrary to, and will serve, the public interest by approving the appearance and will encourage infill development. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the variance from Section 18.18.050.A.2. of the Unified Development Ordinance, as requested by Springer Group Architects for Red Mountain Retail Group under Application No. Z-04047, to allow a new structure on Buttrey's Tract Center to encroach 25-foot into the front yard setback along West Main Street be approved, and that the variance from Section 18.74.060 to allow the applicant to delay the installation of required landscape improvements for the interior of the off-street parking lot area be denied. 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. Public hearina - Site Plan Review to allow renovation of existina multi-tenant buildina facade and off-street parkina lot plus development of new retail commercial buildina frontina alona West Main Street - Buttrey's Tract Center - Sprinaer Group Architects for Red Mountain Retail Group (1601-1631 West Main Street) (Z-04047) This was the time and place set for the public hearing on review of the site plan requested by Springer Group Architects for Red Mountain Retail Group under Application No. Z-04047, to allow renovation of the existing multi-tenant building facade and off-street parking lot plus development of new retail commercial building in the Buttrey's Tract Center, fronting along West Main Street. The sUbject property is located at 1601 to 1631 West Main Street. Mayor Cetraro opened the public hearing. Senior Planner Skelton presented the staff report, saying phase one will involve renovations to the existing building facade and the improvements to the off-street parking lot. Construction of the multi-tenant structure along West Main Street will comprise phase two. During phase three the applicants will entertain the potential development of a 27,500 square foot retail store at the northeast corner of the existing building, which would include a portion of the solvent site. They will wait to undertake phase three until they have been granted a clearance of solvent site contamination. Senior Planner Skelton stated Mr. Springer has shown both staff and the Design Review Board a revised site plan, which will meet the off-street parking requirements. Staff has reviewed t his application in light 0 f t he applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. Placement of the ingress/egress point from West Main Street will be determined by the Montana Department of Transportation. 05-24-04 - 6 - Lowell Springer, Springer Group Architects, stated they have come to a complete agreement with staff and the Montana Department of Transportation and will move the ingress/egress point on West Main Street. The required number of parking spaces will be provided. Tami McLaughlin, 1212 South Cedarview Drive and American Bank employee, stated that, when trying to cross West Main Street from the bank egress, one takes their life in their hands. She noted that any improvement to that situation will be greatly appreciated. No one was present to speak in opposition to this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Youngman said she is thrilled with the proposed improvements because eliminating the poor drainage and ice buildup in the driveway and parking area, along with the enhanced appearance, will be an asset to the community. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the site plan requested by Springer Group Architects for Red Mountain Retail Group under Application No. Z-04047, to allow renovation of the existing multi-tenant building facade and off-street parking lot plus development of new retail commercial building in the Buttrey's Tract Center, fronting along West Main Street, be approved subject to the following conditions: 1. The final site plan shall be adequately dimensioned. 2. A stormwater drainage/treatment grading plan and maintenance plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing a nd discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. The storm drain improvements must be installed with Phase I of the development. 3. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a professional engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 4. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE) and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 5. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility 05-24-04 -. -..---..- . ..-...--.----....-..---- .... n...__._._._._....__ - 7 - be less than 10 feet from edge of easement. The easement shown is only 20 feet wide and must be revised on the final site plan and shown correctly on the easement document. 6. 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. 7. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 8. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. The Main Street access must be constructed to meet standard drawing 02529-13, modified to accommodate the wider sidewalk per 02529-5, or as otherwise required by MDOT. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 9. Any cracked or broken portions of sidewalk along either of the street frontages shall be replaced. 10. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 11. All existing utility and other easements must be shown on the final site plan. 12. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 13. Drive approach and public street intersection sight triangles shall be free of plantings, which at mature growth, will obscure vision within the sight triangle. 14. An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water services within the State's right-of-way. An Access Permit must also be obtained for the alterations to the drive approach. 15. If construction activities related to the project result in the disturbance of more that one acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQS, an erosion/sediment control plan shall be prepared for disturbed areas of one acre or less if the point of discharge is less than 100 feet from state waters. 16. Pursuantto Section 18.44.090.C.2.b.1 ofthe Unified Development Ordinance, one-way drive accesses shall be a minimum of 16 feet wide. The drive through must be revised to meet the minimum width unless a deviation is obtained. 17. The access between McDonald's and Lot 4 does not function as shown. It must be revised to accommodate the required turning movements. 18. The proposed street cut on West Main Street for the installation of services to Lot 4 shall be completed prior to the West Main Street overlay project which is projected to occur in 2006. If the services are not installed prior to the overlay being completed, a main extension off North15th Avenue or the main west of the building will be required to provide service to this lot. 19. The final plat for the underlying subdivision must be filed prior to final site plan approval. 05-24-04 -8- 20. That the landscape plan and site plan be revised according to the items listed below, for review and approval by staff prior to final site plan: a. That the landscape plan be revised to verify the groundcover for all landscaped areas and that all areas of landscape contain groundcover of at least 50 percent live vegetation. b. That 10 percent of the off-street parking area is improved as landscape features. c. That the landscape plan provide further detail and information for the "hardscape" along the building facade, to include surface finish, color palette, typical landscape features for the raised planters, landscape furniture, and plaza lighting. d. That the landscape plan demonstrate a variation in seasonal color, texture, and type along the "hardscape", front yard setback along West Main Street, and the principal entrance points into the site. e. That the applicant confirm on the site plan that all pedestrian crosswalks will be installed as colored, scored concrete (not stamped pavement or striping). f. That the landscape plan is approved by a certified landscape nursery person. 21. That the applicant confirm on the site plan that the two-way driving aisle along the building facade and outdoor plaza area is a minimum width of 32 feet. 22. That the site plan verify that all pedestrian crosswalks will be installed as scored concrete and/or concrete pavers, in lieu of paint striping or stamped asphalt, and that the site plan and landscape plan be revised accordingly prior to final site plan approval. 23. That the applicant submits to the Planning Office, for review and approval, a materials and color palette of both multi-tenant complexes. 24. That the applicant specify the exterior light fixtures, both free-standing and/or wall- mounted, to be used for exterior illumination of the project that also includes a typical manufacturer's "cut-sheet" detail of the fixture depicting the type of illumination bulb and illumination output to be used, for review and approval prior to final site plan approval. All exterior light fixtures shall be arranged to direct light downward and/or away from any adjoining properties, shall not detract from driver visibility on adjacent streets, and shall not exceed a maximum height of twenty (20) feet from grade (Le., freestanding fixtures), nor allow the light source and lenses to protrude below the edge of the light fixture. 25. That the applicant re-evaluate the relationship and proximity between Building "B" and the West Main Street egress/ingress access by redesigning this part of the site such that it provides both ample room and effective circulation patterns for both pedestrian and vehicular movement in the area, for review and approval, prior to final site plan approval. The design must include adequate separation between the driveway for Building "B" and the West Main Street egress/ingress access. 26. Unless a variance to the off-street parking requirements is granted by the City Commission, the applicant shall comply with both the minimum and maximum allowable number of required off-street parking spaces set forth in Section 18.46.040 of the Unified Development Ordinance. 27. That the exterior elevations of the existing multi-tenant structure be revised to provide: a} a typical detail of the parapet wall illustrating the degree of articulation and exaggerated cornice lines, b} greater emphasis on joint detailing, finished surface, and 05-24-04 - 9- patterns of the facade's EIFS treatment, and c) revisions to the two-story components at both ends of the Osco Drug and Hastings commercial businesses that provide a more commercial character within the context of the multi-tenant complex, for review and approval prior to final site plan approval. 28. That the exterior elevations of Building "B" be revised to provide: a) additional architectural features along the south elevation, b) a typical detail of the parapet wall illustrating the degree of articulation and exaggerated cornice lines, c) covered entrances along the south elevation, d) verification of all utility services and mechanical equipment with proper screening from the entryway corridor, e) greater emphasis on joint detailing, finished surface, and patterns of the facade's EIFS treatment, for review and approval prior to final site plan approval. 29. That the applicant provide a common signage plan for said project as outlined in Section 18.52.070 depicting location, general style, limitations of graphic design, copy type, dimensions, materials, color, and method(s) of illumination, etc., for review and approval by the Planning Office prior to final site plan approval. Sign permits will be required with each proposal. 30. That the applicant provide on the site plan and exterior elevations the location of all roof-top and/or ground-mounted mechanical and utility equipment, including ground- mounted mechanical power and telephone boxes, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to issuance of a Certificate of Appropriateness and final site plan approval. The top of all parapet walls for both buildings will exceed the height of all roof-top mechanical and ventilation equipment. 31. That the applicant obtain a building permit within one year of receiving a Certificate of Appropriateness and major site plan review approval and prior to proceeding with construction of the project. 32. That the applicant obtain written approval by the Montana Department of Transportation for any closure and/or relocation of existing egress/ingress points along West Main Street prior to final site plan approval. 33. That the off-street parking lot include the required number of improved parking spaces (Le., 323 off-street parking spaces, plus eight disabled accessible spaces) and the required interior parking lot landscape improvements as required by Chapter 18.46 and Chapter 18.48 of the Unified Development Ordinance, unless a variance is requested and granted by the City Commission. 34. That the landscape plan be revised to demonstrate that: 1) all large trees to be installed along the West Main Street frontage shall be of a deciduous boulevard street species to maintain the desired boulevard streetscape along the entryway corridor, 2) that the applicant demonstrate on the landscape plan how the plan has earned the minimum number of points specified in Chapter 18.48.060 of the Unified Development Ordinance, 3) that all off-street parking lot landscape islands that are not landscaped as turf or lawn be noted accordingly, and 4) that all off-street parking lot landscape islands that are not installed as turf or lawn shall provide at least 50 percent live vegetative ground coverage and noted accordingly on the landscape plan, for review and approval prior to final site plan approval. 35. Development of Phase Three will require a landscaped front yard of 25 feet in width with boulevard trees at a regular spacing of one tree for every 50 feet of lineal street frontage, unless a variance is granted by the City Commission. 36. That the applicant provide an adequate number of bicycle racks along the building facade of not less that four, and that the location and placement of said bicycle racks be delineated on the site plan for review and approval prior to final site plan approval. 05-24-04 - 10 - 37. That the applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied. 38. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving final site plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Public hearina - Conditional Use Permit for West Winds Planned Unit Development - establish a unified development plan for a 161.30-acre subdivision for development of 213 sinale-household. 92 townhouse. 5 multi-household. and 8 senior assisted livina lots with relaxations from various sections of the Unified Development Ordinance - HKM Enaineerina for Quest West. LLC Clyina between Baxter Lane and West Oak Street. and between North 27th Avenue and Davis Lane) (Z-04050) This was the time and place set for the public hearing on the Conditional Use Permit for West Winds Planned Unit Development, as requested by HKM Engineering for Quest West, LLC, under Application No. Z-04050, to establish a unified development plan for a 161.30-acre subdivision for development of 213 single-household, 92 townhouse, five multi-household, and eight senior assisted living lots, with relaxations from the Unified Development Ordinance as follows: (a) from Section 18.42.100, to allow the watercourse setback to be reduced from 50 feet to 15 feet; (b) from Section 18.50.070.A.1., to allow the watercourse setback to count toward the parkland dedication requirement; (c) from Section 18.50.020, to allow the parkland dedication requirement to be based on 11 percent of net buildable area instead of 0.03 acres per dwelling unit; (d) from Section 18.16.020.B., to allow assisted living/elderly care facilities and apartments within the "R-3", Residential-Medium-density, zoning district; (e) from Section 18.42.030.C., to allow double frontage lots adjacent to arterial and collector streets; (f) from Section 18.42.040.B., to allow block lengths to exceed 400 feet; (g) from Section 18.42.040.C., to allow the minimum block length to be less than 200 feet for blocks with restricted size lots; (h) from Section 18.42.180.C., to allow townhouse restricted size lots to be less than 3,000 square feet and more than 3,000 square feet for corner townhouse lots; and (i) from Section 18.44.090.0.3., to allow residential lots that front on Hunters Way and Buckrake Avenue and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the access separation distance between the proposed local streets onto West Oak Street to be less than 660 feet. The subject property is bounded by Baxter Lane, West Oak Street, North 27th Avenue, and Davis Lane. Acting City Manager Brey reminded the Commissioners that they had conducted the public hearing on this application at the May 10th meeting. Following that hearing and discussion, they voted to continue the discussion to this time and to reopen the public hearing. He then noted that, included in the Commissioners' packets were a memo from Associate Planner Morris, forwarding requested information and the recommended conditions of approval; draft minutes from the work session held on May 17; letter from Sandy Dodge, Chair of the Recreation and Parks Advisory Board, dated May 17; information packet from HKM Engineering, dated May 19,2004; and a letter from Bonnie Hash, 1204 North 9th Avenue, dated May 18, encouraging the Commissioners to not approve relaxations. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public hearing be reopened. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Commissioner Kirchhoff was absent from the voting. Mayor Cetraro opened the public hearing. Associate Planner Morris reminded the Commissioners that all conditions of approval are included in her memo, and a letter from Mrs. Jay Conner is also attached. 05-24-04 ___. _n..._......__n___.____ - 11 - Clint Litle, HKM Engineering, noted they have made changes to the plan, based on Commission input, and changed their position on staff's conditions. Changes made to the plan include removing the four lots on the west side of Buckrake Avenue that fronted the park; removing two lots on the west side of Buckrake Avenue, adjacent to Baxter Lane; providing an additional park access on Aspen Grove Street; continuing the linear trail park through the project to establish an east/west connection; widening the park accesses on Winter Park and Breeze Lane; removing two lots east of Hunters Way, adjacent to Oak Street; and removing two lots on the east side of Hunters Way. between Breeze Lane and Trade Wind Lane. They are also withdrawing their request to relax the watercourse setback; they are agreeable to the 50-foot setback. With this change, soccer fields are no longer feasible within the park and have been removed from the plan. They are also agreeable to not counting the watercourse setback toward the parkland requirement. Mr. Litle further noted they are withdrawing the requested relaxation from the linear park requirement. Regarding parkland requirements. they are requesting that the 11 percent park allocation be applied only to the affordable housing parcels; they are willing to go with the 0.03 acre per dwelling unit requirement on the remainder, yielding 20.62 acres of net park for 660 dwelling units. They are requesting that no parkland allocation be required for the skilled nursing facility, which will not have kitchen units. Mr. Litle stated they are entitled to parkland credit for the linear trail park. and it is included in the 20.62 acre calculation. The applicant is requesting that, on the trail that connects from the south with Harvest Creek subdivision, they be granted a mid-block crossing for pedestrian safety. Referring to the condition that the Design Review Board shall review and approve the final site plan, including a final park plan. the applicants want to change that condition to read, "The final site plan. including a final park plan, shall be reviewed by the Design Review Board", deleting "and approve". Mr. Litle noted the applicants are willing to provide 70 percent road frontage for the park, rather than the 50 percent required by the Unified Development Ordinance. John Harper, Recreation and Parks Advisory Board, pointed out the developer wants to earn planned unit development points with affordable housing, rather than dedicated parkland; however, that is not the Commission's problem and is something that should be negotiated between Mr. Dunlap and Mr. Squires. In examining an analysis of parkland within other developments, calculations show West Winds is only providing one third of the parkland provided in the Baxter Meadows and Valley West subdivisions. The Unified Development Ordinance requires superior development from relaxations; and if relaxations are granted, then they need to be clearly and specifically documented as to how these relaxations will result in a superior design. Sandy Dodge, Recreation and Parks Advisory Board, noted the parkland requirement is 26 acres; but the West Winds plan does not contain enough contiguous parkland to contain a regulation size soccer field. This proposed parkland does not meet the community's needs in any way. Commissioner Youngman asked if the Recreation and Parks Advisory Board discussed the community center, or counting the corridor, which connects Rose Park and the regional park, toward the parkland requirement. Mr. Dodge answered the community center was a nice feature, but they are not sorry to see it go if it is to be replaced by usable recreation area. Even though the community center has been eliminated, there is still no usable recreation area provided in its place. Mary VantHull. 416 East Story Street, noted a lot of people need low- and moderate-income housing because it is a struggle to raise young children to adulthood in this town; and they need parkland more than anybody else because of the small yards. Some developers just pay too much for their land, and it is not the Commission's responsibility to bail them out of a financial embarrassment. The Commission is responsible for overseeing the good of the public. Tami McLaughlin, 1212 South Cedarview Avenue, pointed out that if this community thinks a single mother raising her children is worried about more park space, it is mistaken. She is a mortgage broker, and she knows firsthand that lower income people cannot afford housing in Bozeman. This developer is proposing 21 acres of parkland and affordable housing, but the Commission is forgetting that they are pushing young families out of town by requiring additional parkland dedication. She suggested the Commission needs to compromise, as the developer already has. Mr. Litle responded that, as proposed, there is 23 percent parkland included in this proposal. Commissioner Youngman noted the senior assisted living areas have already been dropped out of the parkland calculations and asked what is affordable to the west of the park. Mr. Dunlap answered those are the two parcels they have identified for Section 42 housing. 05-24-04 --- ------------ - 12 - Mr. Springer pointed out that a couple of weeks ago, the applicant was having problems with eight conditions; but through conversations with staff, the applicant has conceded to every condition. Now he is willing to give 20 percent more parkland than the minimum. Associate Planner Morris stated that, by her estimates, even if they are allowed to count all 60 feet of trail corridor, they are still 17 acres of parkland short. Mr. Litle responded that they have provided 20.62 acres of parkland. The Associate Planner suggested that she and Mr. Litle need to sit down and discuss how parkland is being calculated. Responding to Commissioner Krauss, Associate Planner Morris stated some of the trail is in the stream setback, and typically the 25-foot stream setback easement would not be calculated as part of the parkland because it is part of a transportation plan. Regarding Condition 2, City Engineering staff requires pedestrian crossings at the nearest intersecting streets, which are controlled intersections, rather than mid-block crossings. Commissioner Youngman asked if the land where the community center was proposed to be located was not counted toward the parkland dedication because it was private property. Associate Planner Morris answered that is correct, but the parking area did count toward the parkland calculation because it could be used for park visitor parking. Associate Planner Morris noted Condition 7, requiring final site plan review by the Design Review Board, was included because the Design Review Board felt there was a lot of work to be done to address lot design rhythm and harmony, the entrance to the subdivision, and development guidelines, which are not detailed enough. The Design Review Board desires to see the whole plan put together, so they can provide better input and have a better idea of the total project. Commissioner Youngman a sked if staff still opposes the 11 percent parkland requirement for affordable housing. The Associate Planner answered staff typically tries to enforce the code to the letter of the law; but if given that direction by the Commission, they will approve it. No one was present to speak in opposition of this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Kirchhoff stated his motion will be for denial of the project because he can't find it satisfies the spirit or letter of the planned unit development. Calculating the number of units by how much parkland must be provided to get approval is unacceptable, and the tone of all conversations with the applicant has been in terms of what they have to give. The inclusion of the community center would have given the Commission a point to consider this as a superior product; but he cannot find that this neighborhood, as defined, is a superior product. Because the applicant has failed to show he is providing a superior product, the Commission is compelled to deny this application. Commissioner Youngman stated that if a majority of the Commission is interested in approving this project, she wants to work hard on the conditions because this revised plan still needs so much work. She feels a better product can be produced if all parties involved work things out before the application comes before the Commission. Regarding parkland dedication calculations for affordable housing, she would like the Recreation and Parks Advisory Board, staff, the Community Affordable Housing Board, and the applicants to sit down and discuss possibly granting some relaxation of the parkland requirement. It would be a good precedent to set for future applications. Commissioner Kirchhoff stated that it has been a very long time since the Commission has had an application this raw, and it is not their job to redress insufficiencies in the application. Commissioner Youngman added there isn't a single project that hasn't far exceeded what is required in parkland dedication, without staff or the Commission even talking to them about it. Therefore, she doesn't want to set a precedent for accepting less than is required. Already the wetlands are entirely counted as parkland dedication, as a concession by staff to the applicant. Commissioner Hietala stated he believes the community center would have been a great amenity for the affordable housing residents, and he thinks the plan has real potential for being a great plan for a 05-24-04 --.--....--.....-. ,.- _. ___ .".___ _........___..__n_ ._.".____._ . - . ... . ... -.- -".-...------------ - 13 - great residential community. He does, however, agree with Commissioner Kirchhoff that there should be more of a grid transportation plan. Commissioner Krauss stated he believes soccer fields could be developed in this park, and the applicants need to complement what is going on within the entire city by providing soccer fields in exchange for the community center. The nine lots located on Whisper Avenue, adjacent to the park, should be removed to provide room for soccer fields; and the lots on Tschache Lane, between Whisper Avenue and Buckrake Avenue, should also be removed to extend the parkland. Additional lots could be added to the extreme extensions of Buckrake Avenue and Hunters Way, if desired. He acknowledged that both the Section 42 affordable housing and the senior assisted living facility are benefits to the community. Commissioner Krauss agreed with Commissioner Kirchhoff that this has been an entirely too long and contentious process, and the master plan has not been as finely ground as it should be have been before it came before the Commission. The architectural design elements need to go back to the Design Review Board for approval, and then the Commission will look at this again. He also agrees that parkland dedication requirement is the wrong place to start the design process. Commissioner Youngman pointed out that adding more soccer fields without restrooms is a definite problem and needs to be addressed. Mr. Dunlap stated he is agreeable to the "horsetrading" suggested by Commissioner Krauss, and he is also agreeable to capping the housing at the .03 acre per dwelling unit parkland dedication, with the 11 percent to only apply to affordable housing units. Commissioner Youngman responded the planned unit development becomes meaningless because it isn't known how much affordable housing, senior living housing, or parkland is being provided. If those lots shift to single-family units, that will create a very different development. She asked if the Commission is accepting a set amount of parkland or allowing the applicant to go below the standard. Commissioner Krauss stated it is more important to him to extend the trail and eliminate the lots on Whisper Avenue, rather than getting an exact parkland calculation. Mayor Cetraro stated he is willing to provide that guidance and move forward in a positive manner. Commissioner Kirchhoff noted that, while the spirit of horesetrading is admirable, the design concerns of this neighborhood are more than what has been suggested. There are some other significant issues with this plan that need to be addressed; and he hopes the Design Review Board will be encouraged to look at some of those other things, as well. Planning Director Epple reminded the Commission that it is looking at granting conditional preliminary approval, and the applicant must still come back with a final planned unit development plan that reflects all concerns voiced this evening. Staff can require that final plan approval come back to the Commission to make sure it meets the Commission's intent. It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, to deny approval of the requested conditional use permit for West Winds Planned Unit Development. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff and Commissioner Youngman; those voting No being Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Conditional Use Permit for West Winds Planned Unit Development, as requested by HKM Engineering for Quest West, LLC, under Application No. Z-04050, to establish a unified development plan for a 161.30-acre subdivision for development of 213 single-household, 92 townhouse, five multi-household, and eight senior assisted living lots, with relaxations from the Unified Development Ordinance as follows: (a) from Section 18.50.020, to allow the parkland dedication requirement to be based on 11 percent of net buildable area instead of 0.03 acres per dwelling unit for the affordable housing parcels; (b) from Section 18.16.020.B., to allow assisted living/elderly care facilities and apartments within the IR-3", Residential-Medium-density, zoning district; (c) from Section 18.42.030. C., to allow double frontage lots adjacent to arterial and collector streets; (d) from Section 18.42.040.B., to allow block lengths to exceed 400 feet; (e) from Section 18.42.040.C., to allow the minimum block length to be less than 200 feet for blocks with restricted size lots; (f) from Section 18.42.180.C., to allow townhouse restricted size lots to be less than 3,000 square feet and more than 3,000 square feettor corner townhouse lots; and (g) from Section 18.44.090.D .3., to allow residential lots thattront 05-24-04 -14- on Hunters Way and Buckrake Avenue and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the access separation distance between the proposed local streets onto West Oak Street to be less than 660 feet, be approved subject to the following conditions: 1. A trail shall be constructed connecting from North 27th Avenue to Davis Lane away from streets and in addition to the sidewalk to provide a future connection between Rose Park and the Regional Park. 2. The mid-block trail crossing along Oak Street will not be permitted. 3. Hunters Way (from Baxter Lane to Oak Street) shall include a signed bike route since this will be an extension of an existing signed bike route on Hunters Way. 4. The Homeowners' Association shall be responsible for maintenance of park, park fixtures, trails, etc., until such time that a Park Maintenance District or similar form of funding, is established. 5. A park master plan shall be submitted for approval by the City Parks Division with the Phase I final plat and/or final site plan, whichever comes first. 6. The final site plan, including a final park plan, shall be subject to review by the Design Review Board and final approval by the City Commission. 7. The final site plan shall include elaborated architectural guidelines with streetscape and entry details. 8. A building configuration plan shall be submitted for townhouse lots with subsequent subdivision phases. 9. The covenants and design guidelines must state the means in which building orientation will be mitigated along the arterial and collector streets. The lots shall provide a front porch or false facade, a sidewalk connection to each building, and the covenants shall prohibit the construction of fences unless constructed less than four feet tall with a coordinated design for all of the lots backing up to West Oak Street, Baxter Lane, North 27th Avenue, and Davis Lane. 10. The declaration of covenants for the subdivision must be included and recorded with the final plat. 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. The covenants shall be submitted for review and approval by the Planning Office prior to the issuance of a building permit. 11. The stormwater detention ponds shall be designed in a more organic form a nd landscaped as a water feature with 6-inch river rock and wet root tolerant plant types. 12. A one foot "no access" easement shall be provided along Baxter Lane, West Oak Street, North 27th Avenue, and Davis Lane. 13. No lots shall be platted within the watercourse and wetland setback. 14. The 0.07 acre isolated wetland in the southeast corner of the subdivision may be filled in exchange for the existing vegetation being transplanted, as reasonably feasible, from the filled wetland to the Cattail Creek wetlands, under the direct supervision of the wetland consultant. 15. At least 70 percent of the park perimeter shall be adjacent to a public street to allow for accessibility to the park. 05-24-04 __ _______n___ ---... -.-------.--. --.----.. - 15 - 16. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Signalization of the intersection of West Oak Street and North 27th Avenue. b. Signalization of the intersection of West Oak Street and Fowler Avenue (aka Davis Lane). c. Signalization of the intersection of Baxter Lane and North 27th Avenue. d. Signalization of the intersection of Baxter Lane and Fowler Avenue (aka Davis Lane). e. Fowler Avenue (aka Davis Lane) trunk sewer main improvements. The documentfiled s hall specify that in the event an SID is not utilized for the completion ofthese 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. 17. As a part of the infrastructure plans submittal, 1 DO-year flood elevations shall be computed for the section line ditch and the center irrigation lateral (stream defined as Cattail Creek by the Conservation District and as Harmon Ditch from Harvest Creek), and the limits of flooding identified. Lots shall not be platted within the 100 year flood plain. Hydraulic calculations and the water surface profile of the ditches shall take into account the upstream and downstream culvert capacities as well as the fact the ditch company may use the ditch as a blow-off at any time and without notice. 18. Additional information is needed prior to approval of the Phase I improvements. The Traffic Study Report shall include an analysis of possible warrants at all the proposed intersections with West Oak Street. The Traffic Study Report shall also address pedestrian crossing issues at the intersection of West Oak Street and North 27th Avenue and make recommendations for approval. 19. The applicant is advised that Baxter Lane, along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard as shown in the and shall match the section built by Baxter Meadows. West Oak Street, along the property boundary, shall be improved, as part of this development, to one half of a principal arterial standard and shall match the section built by Harvest Creek. North 27th Avenue, along the property boundary, shall be improved, as part of this development, to one half of a collector standard and shall match the section built by Harvest Creek. Fowler Avenue (aka Davis Lane), along the property boundary, shall be improved, as part of this development, to one half of a minor arterial standard. Where one half of a standard collector or arterial is being built, 12 feet of pavement for the opposing lane of travel shall be provided. City standard curb and gutter, and 6-foot-wide sidewalk 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. 20. Tschache Lane shall align with the road in Baxter Meadows west of Fowler Avenue (aka Davis Lane). 21. Parking will not be allowed on West Oak Street, North 27th Avenue, Baxter Lane, and Fowler Avenue (aka Davis Lane). 22. The section line ditch shall not be piped. The "riparian" corridor shall be maintained within the median planned for Fowler Avenue. 05-24-04 - 15- 23. No existing mature vegetation within the watercourse setback, wetlands, park, and along the section line ditch shall be removed from the site unless approved by the City of Bozeman Planning Office. The final landscape plan shall depict existing and proposed vegetation, as well as proposed vegetation to be removed. 24. 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. 25. The 50-foot-wide trail area along Tschache Lane shall be extended along the north side of Tschache Lane to the Whisper Avenue intersection. 25. The nine lots on the west side of Whisper Avenue that are directly adjacent to the park shall be removed. 27. The Section 42 affordable housing and the senior assisted living, as depicted in the plan, shall remain in the planned unit development plan. 28. More detailed development guidelines shall be provided with the final planned unit development plan. 29. The subdivision shall provide for a better mix of housing types throughout the subdivision. 30. The mandatory 25-foot-wide trail easement for the transportation pathways will not count toward the dedicated parkland. Any additional width provided along the trail easement can be counted toward the dedicated parkland requirement. 31. The City of Bozeman will accept the 11 percent calculation for parkland dedication for the affordable Section 42 housing lots so long as it includes some very low income housing. 32. The parkland shall be configured to provide adequate space for soccer fields along Whisper Avenue and Buckrake Avenue. 33. The applicant shall reconsider the arterial treatment on Baxter Lane. 34. A density cap shall be applied to the build out of the subdivision. The cap will be based on the total number of acres of dedicated parkland provided. . 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. It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, that the conditions of approval be amended to include the following condition: 35. The interconnectivity of streets on the eastern part of the neighborhood shall reflect the interconnectivity shown on the western portion of the subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Youngman, and Commissioner Hietala; those voting No being Commissioner Krauss and Mayor Cetraro. Continued public hearina - preliminary plat for West Winds Subdivision. Phases IA and 18 - allow subdivision of 31.05 acres Ivina at northwest corner of intersection of West Oak Street and North 27th Avenue into 46 sinale-household. 40 townhouse and 2 multi-household lots - HKM Enaineerina for Quest West. LLC (P-04009) 05-24-04 - 17 - This was the time and place set for the continued public hearing on the preliminary plat for West Winds Subdivision, Phases IA and IB, as requested by HKM Engineering for Quest West, LLC, under Application No. P-04009, to allow the subdivision of 31.05 acres lying at the northwest corner of the intersection of West Oak Street and North 27th Avenue into 46 single-household, 40 townhouse, and two multi-household lots. Mayor Cetraro reopened the continued public hearing. Associate Planner Morris presented the staff report, noting an additional condition has been added. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. City Attorney Luwe recommended the public testimony on the previous agenda item be taken into consideration on this item, as well. No new public testimony was received. Mr. Dunlap indicated he agrees with the conditions as presented by staff. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Responding to Commissioner Krauss, Planning Director Epple stated the design of West Oak Street will need to be coordinated between this project and the Harvest Creek project. Commissioner Krauss noted that with lots that back up to parkland, people have a tendency to extend their property into the park and asked if there is some language that could be included to address that. Commissioner Youngman added that some people have delineated their property border with bushes to protect the sanctity of the parkland and their private property. Associate Planner Morris indicated it would be appropriate to require natural screening with the covenants and recommended the City Parks Department weigh in on that. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the preliminary plat for West Winds Subdivision, Phases IA and IB, as requested by HKM Engineering for Quest West, LLC, under Application No. P-04009, to allow the subdivision of 31.05 acres lying at the northwest corner of the intersection of West Oak Street and North 27th Avenue into 46 single-household, 40 townhouse, and two multi-household lots, be approved subject to the following conditions: 1. Phase 1A and 1B of the West Winds Subdivision shall comply with the approved Planned Unit Development. 2. The final plat shall include a notation that, due to high ground water conditions, full or partial basements are not recommended. 3. Cash-in-lieu of water rights, as calculated by the Director of Public Service, shall be paid at the time the final plat is submitted. 4. The property owner has proposed that Lot 7 of Phase 1 A will be developed with an affordable housing project in order to meet the performance points for a Planned Unit Development. The final plat shall note that Lot 7 is reserved for affordable housing. The plat shall also note that, in the event the lot does not get developed with affordable housing, the property owner shall provide an alternative means to meet the planned unit performance standards. 5. The final plat shall contain a note prohibiting direct access from single family or duplex lots to West Oak Street and North 27th Avenue. 6. The west half of North 27th Avenue, from West Oak Street to Breeze Lane, and the north half of West Oak Street, from North 27th Avenue to Hunters Way, must be constructed and accepted by the City prior to filing the final plat for Phase 1 A. The west half of North 27th Avenue, from Tschache Lane to Breeze Lane, must be constructed and accepted by the City prior to filing the final plat for Phase 1 B. The overall design of West Oak Street shall include a detailed assessment of traffic 05-24-04 ..-."....--- - 18 - needs and design solutions for the phasing. The timing of the development of Harvest Creek shall be taken into account as well. The Phase 1 A infrastructure improvements shall include improvements to the intersection of West Oak Street and North 27th Avenue to provide a transition between the existing and the future roadway. Design of the intersection is also to accommodate the existing overhead power lines. The intersection design will be reviewed and approved by the City Engineering Office as a part of the infrastructure improvements review process. 7. There is a discrepancy between traffic impact studies provided for the North 19th Avenue and Durston Road intersection regarding the level of service. If it is confirmed the intersection operates below Level of Service D, then the final plat for Phase 1 may not be filed until the improvements necessary to raise the level of service at the intersection of North 19th Avenue and Durston Road to Level of Service Care installed and accepted by the City of Bozeman. 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. Break 10:02 - 10:13 Dm Mayor Cetraro declared a break from 10:02 pm until 10:13 pm in accordance with Commission policy. Work session - City Manaaer selection Drocess Acting City Manager Brey encouraged the Commission to use the handout prepared by the Clerk of the Commission as a basis to work from and to get as much finalized as possible this evening so the process can be started. Commissioner Youngman noted Mayor Kennedy, of Kalispell, suggested one social mixer for all the candidates, so the public can see how they interact, which also saves time and money. Commissioner Youngman said she would prefer to have one mixer with all four candidates in attendance. She then suggested the social mixer be held on June 10th, with interviews being held the 8th, 9th, 10th, and 11 th of June. Mayor Cetraro suggested that, during the social mixer, he could introduce the candidates and have them tell a little bit about themselves and why they'd be a good fit for Bozeman. Public feedback forms will be available at the mixer and during the interviews for the public to complete. Commissioner Kirchhoff indicated he wants a question included in the interview questions that will clearly identify if the candidate is a leader. He then questioned if it is legal for a Commissioner to bring up, in an indirect way, comments that were made by references. Acting City Manager Brey answered that it is not always necessary to directly follow up a reference check; the reference check has identified something that the Commission needs to probe further. Commissioner Krauss stated he believes the questions should test their knowledge of Bozeman in some way. Acting City Manager Brey asked if the Commission prefers to have the candidates tour City facilities before their interview, or leave the candidates to do that on their own accord. Commissioner Youngman expressed her preference for conducting tours before the interviews. Commissioner Youngman stated her approval of the questionnaire prepared by Human Resources Director Berg. Mayor Cetraro suggested reducing the list to 15 questions. Acting City Manager Brey proposed giving the candidates the questions in advance, otherwise those interviewing later will have an advantage. The Commissioners agreed to give the candidates the questions in advance, except for the scenario question. 05-24-04 --.-...---- ...-.--- -.-- ..--.-.- -19- Following further discussion, the Commissioners agreed to hold candidate and spouse dinners at 5:00 pm on Tuesday, Wednesday, Thursday, and Friday at the Savory Olive, Ferraros, Louie's Down Under, and Boodles. The social mixer will be held at the GranTee on Thursday at 7:30 pm and will include simple fruit and dessert fare with a cash bar. Interviews will be held on Wednesday and Friday, mornings and afternoons. Acting City Manager Brey asked if the Commissioners would like the candidates to have breakfast with the department heads, and the Commissioners agreed that would not be necessary; the facilities tour should be sufficient. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Ronald Eklund, 314 North Yellowstone Avenue, voicing concern that the Commission is not requiring installation of sidewalks in New Hyalite View Subdivision. (2) Letter from MSU President Geoff Gamble, dated May 18, regarding the Story Mansion. (3) Letter from Richard Smith, president of Southwest Montana Building Industry Association, regarding parkland dedication requirements and their impact on multifamily and affordable housing projects. (4) Letter from Lloyd Bender regarding the changes that are occurring in R-1 districts as a result of absentee and/or entrepreneurial landlords. (5) Information items from Neighborhood Coordinator Oulman resulting from the InterNeighborhood Council, including the mission statement and proposed brochures on neighborhood safety and fireworks. (6) Memo from Engineering Assistant Kerr, dated May 18, forwarding the results of a traffic calming study on Hunters Way, along with the petition requesting the installation of four-way stops at its intersections with Annie Street and Rose Street. (7) Agenda for the School District No. 7 Board of Trustees meeting to be held at 7:00 pm on Monday, May 24, at the Willson School. (8) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, May 25, at the Courthouse. (9) Agenda for the County Planning Board meeting to be held at 6:30 pm on Tuesday, May 25, at the Courthouse. (10) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, May 25, at the Professional Building. (11 ) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, May 25, at the Professional Building. During his FYI, Acting City Manager Brey forwarded the following: 1) The Commissioners have received an invitation to the County Commission breakfast. 2) The County has sought Neighborhood Coordinator Oulman's services as a mediator between the County and NENA regarding the proposed amphitheater. 3) He will be gone Thursday through Wednesday; Director of Finance Gamradt will be Acting City Manager in his absence. 4) Since Hunters Way does not meet the warrants for installation of 4-way stop signs, it will be coming before the Commission next week for a decision. 5) The City Manager's budget is off to the printers. Commissioner Youngman offered the following FYI item: 1) She talked with a group of eighth graders yesterday regarding having a positive voice in the community and encouraged them to apply for a seat on the Recreation and Parks Advisory Board. 05-24-04 ------..---. ---. .---- - 20- Commissioner Krauss, during his FYI. noted the following: 1) He would like to meet with the County Commissioners regarding 911 and transfer of development rights programs, but only meet with NENA for 10 or 15 minutes. Acting City Manager Brey indicated 911 monies have been included in next year's budget, and the number of 911 calls coming from cell phones is impressive. Mayor Cetraro added that the only way he is willing to meet with the County Commission is if there are issues included for discussion besides NENA. 2) He attended another meeting of the Montana Public Power Authority and has learned that this issue has appeared in a nationwide public utility newsletter. Adjournment - 11: 33D.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 Mayor Cetraro; those voting No, none. ATTEST: ~s~~ Clerk of the Commission PREPARED BY: ~~ ~~u1t!1l~ KA EN L. DeLATHOWE Deputy Clerk of the Commission 05-24-04