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HomeMy WebLinkAbout2003-11-24 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 24, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 24, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, Acting City Manager Ron Brey (for the afternoon session), Director of Public Service Debbie Arkell (for the afternoon session), Planning Director Andy Epple, Staff Attorney Timothy Cooper, and Deputy Clerk of the Commission Karen DeLathower, The meeting was opened with the Pledge of Allegiance and a moment of silence, None of the Commissioners requested that any of the Consent Items be removed for discussion, Minutes - Januarv 18. 2000. and June 10 and November 17.2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of November 17,2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, 2003, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Approval of final plat for West Meadow Subdivision. Phase II - subdivide 63.569 acres described as Lots 2. 3 and 4 of South Meadow Minor Subdivision. into 128 sinale-familv residential lots (north of Sundance Sprinas Subdivision and west of South Meadow Condominiums) (P-03035) Award bid - 2004 rear load aarbaae truck - Schedule I (cab and chassis) to Billinas Truck Center. Belarade. Montana. in the bid amount of $89.450.60: Schedule II (packer) to Solid Waste Systems. Spokane. Washinaton. in the bid amount of $48.265.00 Application for Beer and Wine License for Calendar Year 2003 - Avenue Y. Inc.. dba Plonkl. 29 East Main Street Claims 11-24-03 ______________________ ____n_______u ________ __ _ __ __ --- ------ --- ---- - 2 - It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Ordinance No. 1604 - establishina a new unified development ordinance to replace the existina zonina and subdivision reaulations Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1604, entitled: ORDINANCE NO. 1604 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING TITLE 16 OF THE BOZEMAN MUNICIPAL CODE, "SUBDIVISIONS," AND TITLE 18 OF THE BOZEMAN MUNICIPAL CODE, "ZONING," AND ADOPTING BY REFERENCE A NEW TITLE 18, ENTITLED "UNIFIED DEVELOPMENT ORDINANCE," AND ADOPTING BY REFERENCE A NEW OFFICIAL ZONING MAP. Included in this packet was a letter from the Bozeman InterNeighborhood Council, dated November 19, forwarding proposed revisions to the unified development ordinance prior to final adoption. Distributed just prior to the meeting were a memo from Associate Planner Jody Sanford, dated November 19, forwarding replacement pages relating to lighting standards and a memo from Associate Planners Sanford and Saunders, dated November 24, responding to the letter from the Bozeman InterNeighborhood Council. Also distributed were written comments from Mr. and Mrs. Fredrick W. Traeger, 2301 Highland Court; Scott T. Smith, 116 Silverwood Drive; and David Swingle, 2508 Spring Creek Drive. Associate Planner Jody Sanford reviewed her memo of November 19, noting that staff has been struggling with the late direction from the Commission regarding lighting standards and attempting to incorporate and fine tune information from Flagstaff into Bozeman's ordinance. She indicated that staff has been working closely with Brian Close, Rob Pertzborn and Mel Kotur, the resident experts on lighting; and a recent flurry of discussions has resulted in additional changes to the standards. The Associate Planner reviewed the revisions needed in Tables 42-2,42-3 and 42-4 to accommodate the suggested revisions in the text, noting that these revisions will make the standards simpler and easier to apply, while providing more flexibility in the types of light fixtures allowed. She also noted that a range of lumens has been included, to ensure the ability to meet code standards, stating that 9500 lumens would, in most cases, be 100 or possibly 150 watt bulbs; and, as a frame of reference, the light fixtures in Valley West Subdivision have 175 watt bulbs. She noted that Mel Kotur, NorthWestern Energy, has cautioned the 26, 34 and 38-foot heights in the code are non-standard pole heights, which will result in the need to have custom poles that are more expensive. She noted that staff is proposing the standards be changed to 25, 35 and 38-foot heights, which will allow for standard pole heights along local and collector streets, with arterials still requiring custom poles. The Associate Planner stated another suggested revision pertains to the spacing of lights. She noted that the 350-foot standard for local streets works well for those areas with city standard block lengths and widths; however, it does not allow for those occasions where developments include longer or wider blocks. To provide needed flexibility, she proposed a footnote that indicates that additional 11-24-03 _____________._., .._._._ un ---- ...._ _.,._. ,._...._._._ - ..._ _____u___.__. - 3 - mid-block lights may be required for those blocks that are longer or wider than standard. The final change suggested by Mr. Kotur is that the lighting standards for intersections of pedestrian crossings and trails be revised to include footcandles only and not a uniformity ratio. Commissioner Youngman stated that, based on discussions during and after the field trip, she feels mid-block lighting is not required on local streets; the key is to provide lighting at intersections, where there is a potential for pedestrian/bicycle/vehicle conflicts. She noted that, based on the small amount of input received from neighborhoods, residents want dark bedrooms. As a result, she suggested that the footnote proposed by Associate Planner Sanford be amended to require lighting at intersections only. Associate Planner Chris Saunders reviewed the memo dated November 24, in which he and Associate Planner Sanford addressed the three main issues raised in the letter from the Bozeman InterNeighborhood Council. He stressed that the Planning Director will act only on those applications in compliance with the code; those applications involving discretion will be submitted to the Commission for action. He then indicated that if an application complies with the code but is of public interest, the Commission may exercise original jurisdiction. Also, the Commission will act on any development of public lands. Further, the Commission will act on appeals of the Planning Director's decisions on any project. The Associate Planner noted that the revisions to the public notification provisions were also identified as a concern. He stated that applying the current and proposed standards to a few recent projects, staff has found minimal changes would occur in those receiving written notification; and in most cases, there were no changes. He stressed that the State statute requirements for notification are minimal, requiring publication once in a newspaper and sending letters to adjacent property owners or those under contract to purchase; and the City's requirements are significantly greater, including postings on the site, additional newspaper publications, and notifications sent to property owners within a specified distance of the site. He further noted that even a corner of a parcel within the specified distance triggers sending of a notice. Associate Planner Saunders turned his attention to the third issue, which pertains to the changes in wording for the "B-1" zoning district to include more discretionary language. He stressed that the default standard is 5,000 square feet, and anything over that triggers the requirement that it be considered by the City Commission. Commissioner Youngman stated that, if any building over 5,000 square feet in the "B-1" zone automatically comes to the Commission, she feels that resolves a major area of concern. Responding to Commissioner Youngman, Associate Planner Saunders characterized the revisions in noticing requirements as changes in standards, not a lowering of standards. Commissioner Youngman stated one of her remaining concerns is the appeal process; how people find out if a project is approved, and how they know the window of opportunity for filing of an appeal. Associate Planner Saunders noted that the site notices will include a public comment period; and, if someone is concerned about a project, the ordinance provides for sending a copy of the approval letter in a self-addressed, stamped envelope. The issuance of the approval letter triggers a three-day period for filing of an intent to appeal with the Clerk of the Commission and the five-day period for perfecting of that appeal to the Clerk. He indicated the current standard is three business days for filing of the intent and seven business days for filing of the documented appeal. 11-24-03 ---- -..---- .....--.".-.. - 4 - Pierce Mullen, Vice President of the SouthEast Neighborhood Association, requested that the Commission strike the language that changes Section 18.18.030.B., returning to the language in the existing code. He noted the original language is objective, while the new proposed language is subjective with the inclusion of words like "generally" and "not materially harmful." He observed that retaining the existing language will meet the statements in the Bozeman 2020 Community Plan and other documents that stress neighborhood integrity and public safety. Ken Gallik, 15 Hill Street, stated his property is adjacent to a "B-1" zone. He, too, encouraged the Commission to retain the language in the current code pertaining to the "B-1" zone and eliminate the subjective language that seems to allow development greater than 5,000 square feet. Dan Wilson, 2202 Highland Court, stated that under the unified development ordinance as proposed, the "B-1" zone description is being changed from a hard and fast standard to subjective, interpretive language that seems to go against the provisions of the Bozeman 2020 Community Plan. He characterized the change as a step backward and asked that it not be changed. Kimerick Hayner, 1 Hill Street, lobbied against the new language and requested that the existing "B-1" zoning language be incorporated into the unified development ordinance. He noted the new language is too vague and subjective and can lead to due process problems. He stated that, without predictability and specificity, one is left with subjective judgment calls. He cited property setbacks, setbacks from streambanks and distances for accesses as examples of specific requirements rather than options for "what is generally appropriate" and "not materially harmful." He concluded by questioning whether the Town and Country proposal, that was subject to a public hearing on January 13, 2003, would be subject to the public review process under the unified development ordinance with its current language. Robert Huebner, 1920 Spring Creek Drive, asked that the language in Section 18.18.030.B., be revised as follows: "In the B-1 district, the footprint of individual buildings shall gel,erally not exceed 5,000 square feet. Lal ger footpril,t~ shall ollly be allovved vvhen through the site development review pi ocesses of tnis title it can be shown that a larger building( s) footprint 'vvould not be IlIaterially hal mful to the surrounding alea." He noted the Associate Planner has indicated the language in the unified development ordinance has been reviewed by both the City's legal staff and an outside attorney; however, he cautioned that as an attorney and a former elected official, he questions whether the ordinance as written truly does require any structure over 5,000 square feet to be submitted to the Commission for consideration. He then voiced concern about the appeal process and the three-day period for submitting an intent to appeal an administrative decision. He cautioned that the citizens hold no higher obligation of the City Commission than zoning; and it is important to have a process that is well known and predictable, not a game. Mike Hickman, 209 Westridge, agreed the wording of the "B-1" zone should not be changed from the current objective language to subjective language. He noted the result is to make it tougher for the City to do its job and for the developers to know the rules. He stated the conditional use process is available for any building over 5,000 square feet. He cautioned that to enact this revision is essentially a rezoning that was not included in the advertisement. Jeff Krauss, 508 Park Place, asked that the Commissioners revise the wording as suggested by Mr. Huebner. He noted that the proposed language does something in the "B-1" zone that isn't done in other zoning designations and stated he does not feel that is appropriate. Planning Director Andy Epple stated that City legal staff has advised Planning staff that any building over 5,000 square feet in size would be reviewed by the City Commission, even though not specifically stipulated in the ordinance. 11-24-03 ....--.-- .._... ._~.____._... _ ._.m._.___.__.__. . .. .-.- .-..-- --. - 5 - Responding to Commissioner Youngman, Associate Planner Saunders stated that Section 18.64.010.A. states in part, "The City Commission has the right to review and require revisions to all development proposals subject to this title and delegates that authority in certain circumstances as set forth below to the Planning Director, reserving to itself the right to hear appeals from decisions of the Planning Director." He stressed that an application must be in compliance with the code to be acted on by the Planning Director. He then indicated that staff had proposed the revised wording to provide more flexibility. He cautioned there is a paradox between flexibility and predictability, particularly since one pushes away from the other. He then voiced a willingness to change the language for the "B-1" zoning designation if the Commission desires. Mayor Kirchhoff noted that lighting, the timeline for appeals, noticing requirements, and the language in the "B-1" zoning district seem to be the issues on which Commission direction is needed prior to considering final adoption of the unified development ordinance. He then noted it is not in anyone's best interest to wrangle over language that is not beneficial to community building and voiced support for the revisions suggested by Mr. Huebner. Commissioner Brown voiced concurrence with the proposed change. Staff Attorney Cooper cautioned that the revision may require some revisions in the table immediately preceding that section. He also suggested that the proposed revision could result in codifying a standard that is stricter than the current standard. He noted one alternative might be to include additional language that indicates the conditional use or planned unit development processes are available if one wishes to exceed the footprint limitation. He stated another alternative is to keep the existing language with the clarification that any footprint over 5,000 square feet would trigger Commission consideration. Responding to Commissioner Youngman, Staff Attorney Cooper stated that under the existing zone code, special uses are referenced as being allowed under the planned unit development process; and that language does not exist in the unified development ordinance. Break. 4: 15 pm to 4:20 pm. Mayor Kirchhoff declared a break from 4:15 pm to 4:20 pm, to give staff time to prepare alternative language for Commission consideration. Ordinance No. 1604 . establishina a new unified development ordinance to replace the existina zonina and subdivision reQulations (continued) Following discussion, the Commissioners agre~d, in light of staff comments and public input received, the following changes should be made to the Unified Development Ordinance: 1. Revise tables 42-2, 42-3, 42-4 to accommodate revisions to the lighting requirements, including (a) eliminating references to different bulb types and adding reference to watts; (b) providing for a range of lumens; and (c) provide for standard height poles on local and collector streets. 2. Eliminate the reference to 350-foot standard spacing on local streets and replace with the requirement to install lights at intersections. 3. Eliminate the uniformity ratio in table 42-4. 11-24-03 - 6 - 4. Revise the language in Section 18.18.030.B. as follows: "In the B-1 district, the footprint of individual buildings shall generally not exceed 5,000 square feet. L.!Irger footprints snail ol,ly be allowed 'nhen tnl ougl, the ~ite development review processes of tl,i3 title it can be ShOvvl, that a larger building( 8) footprint would not be matel ially harmful to the SUI I oUl,ding area." 5. Amend the timelines for appeal under Chapter 18.66 from three business days to four business days for filing the notice of intent to appeal and from five business days to seven business days for filing the documented appeal. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission finally adopt Ordinance No. 1604, adopting by reference a new unified development ordinance to replace the existing zoning and subdivision regulations, as revised to include items 1 through 5 listed above, and a new official zoning map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala, and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Authorize City Manaaer to sian - Annexation Aareement with Joe Mahar. Mahar Montana Homes L.L.C. - 78.3089 acres in the N% and SE% of Section 24. T2S. R5E. MPM (west side of South Third Avenue. south of Allison Subdivision. Phase II. and north of Sacaiawea Middle Schoon (A-02001 ) Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated November 12, 2003, forwarding the Annexation Agreement. Senior Planner Skelton noted that normally annexation agreements would appear as a consent item; however, the Commission required the applicant to bring back before the Commission an annexation agreement that includes provisions for affordable housing and an urban design plan. The applicant's attorney, Ms. Holly Brown, has submitted a letter, which was included in the Commission packets, proposing language addressing both the affordable housing and urban design issues. Also included in the Commissioner's packets is an annexation agreement which includes the proposed language and has been signed by Mr. Mahar. Senior Planner Skelton referred to the affordable housing implementation plan included in Ms. Brown's letter, noting the terms and conditions for the annexation provide for 8 to 12 percent of the units be for affordable housing. There are a total of 98 lots in the PUD, which is 39 percent of the total number of lots in the subdivision. Sixty four of those lots, 65 percent of the PUD lots, are less than 5,000 square feet. Twenty eight of those lots are for detached single family residences, with the remaining lots designated for two-family townhouses. Mr. Skelton noted that since this plan will be implemented in a later phase of development, there will have to be provisions included in the restrictive covenants and the final plat to guarantee this plan. The Senior Planner pointed out the urban design plan complies with the Bozeman 2020 Community Plan and the affordable housing goals set forth by the Commission. Joe Mahar, applicant, stated they have spent a lot of time trying to put together this development in a way that is pleasing to both the Commission and the City Planning Department. The plan before the Commission tonight is the latest draft of those efforts. 11-24-03 ---- ---....----- - -- ---- ---- --- ------------- -- ------- _______..___nn__...._m.. ----.-----.-.-.. - 7 - It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the City Manager be authorized to sign the Annexation Agreement with Mahar Montana Homes L.L.C., for the annexation of 78.3089 acres located along the west side of South Third Avenue, south of Allison Subdivision, Phase II, and north of Sacajawea Middle School. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown, and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3638 - annexina 78.3089 acres in the N% and SE"!.. of Section 24. T2S. R5E. MPM (west side of South Third Avenue. south of Allison Subdivision. Phase II. and north of Sacaiawea Middle School) (A-02001) Included in the Commissioners' packets was a copy of Commission Resolution No. 3638, entitled: COMMISSION RESOLUTION NO. 3638 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. There was no staff comment, applicant comment, or public comment received on this item. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission Resolution No. 3638, annexing 78.3089 acres located along the west side of South Third Avenue, south of Allison Subdivision, Phase II, and north of Sacajawea Middle School, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, and Mayor Kirchhoff. Those voting No, none. Ordinance No. 1605 - Zone Map Amendment - establish initial municipal zonina desianation of "R-2." Residential-Sinale-household-Medium-densitv. on 78.3089 acres in the N% and SE"!.. of Section 24. T2S. R5E. MPM (west side of South Third Avenue. south of Allison Subdivision. Phase II. and north of Sacaiawea Middle School) (Z-02008) Included in the Commissioners' packets was a copy of Ordinance No. 1605, entitled: ORDINANCE NO. 1605 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-2" (RESIDENTIAL-SINGLE-HOUSEHOlD, MEDIUM-DENSITY DISTRICT) ON 78.3089 ACRES SITUATED IN THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, LYING ALONG THE WEST SIDE OF SOUTH THIRD AVENUE, SOUTH OF ALLISON SUBDIVISION, PHASE II, AND NORTH OF SACAJAWEA MIDDLE SCHOOL. No staff comment, applicant comment, nor public comment was offered on this item. 11-24-03 ... ...-..".."...-.--....-...--------- ..-.--.--.-..-- - 8 - It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No. 1605, establishing an initial municipal zoning designation of "R-2" on 78.3089 acres located along the west side of South Third Avenue, south of Allison Subdivision, Phase II, and north of Sacajawea Middle School, be provisionally adopted; and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, and Mayor Kirchhoff. Those voting No, none. Reauest from Confluence Consultina. Inc.. to allow utilization of North 9th Park for off-site wetland mitiaation of disturbed wetland habitat l.49-acre Dark in Roval Vista Subdivision) Acting City Manager Brey stated that when this item was previously considered at the October 20th meeting, it was continued to this meeting. Since additional information has not yet been provided, he recommended that this item be continued until that information has been submitted. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that further consideration on utilization of North 9th Park for off-site wetland mitigation of disturbed wetland habitat be delayed until additional information has been provided. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, and Mayor Kirchhoff; those voting No, none. Break - 4:40 Dm - 4:45 Dm Mayor Kirchhoff declared a break from 4:40 pm to 4:45 pm in accordance with Commission policy. Informal review - conceDt Dlan and maior subdivision Dre-aDDlication for West Winds Planned Unit DeveloDment -13-Dhase. 220-lot mixed use subdivision on 149 acres bounded bv West Oak Street extended. North 27th Avenue extended. Baxter Lane. and Fowler Avenue extended - HKM Enaineerina for Quest West. LLC (Z-03247 and P-03034) Included in the Commissioners' packets was a memo from Associate Planner Jami Morris, dated November 24, forwarding the applications for informal review of a concept plan and major subdivision pre-application for West Winds Planned Unit Development, as submitted by HKM Engineering for Quest West, LLC, under Application Nos. Z-03247 and P-03034, to allow a 13-phase, 220-lot mixed use subdivision on 149 acres bounded by West Oak Street extended, North 27th Avenue extended, Baxter Lane, and Fowler Avenue extended. Associate Planner Morris reviewed this concept plan, noting there are 13 phases of development proposed. The property is zoned R-3. The application proposes a mix of single household and townhouse development in the southeast corner, neighborhood commercial development in both the northeast and northwest corners, senior living and apartments in the southwest corner. It is proposed the open space run north to south through the middle of the property. Ms. Morris noted Development Review Committee, Planning staff, and Engineering staff comments are included in Commission packet material. As outlined on page 2 of her memo, Ms. Morris stated the applicant is seeking comment from the Commission regarding the layout of the subdivision as well as the phasing of parkland, possible cash-in- lieu and/or reduction of open space, orientation of buildings, location of neighborhood commercial 11-24-03 -------- ----------- -..- --..-.-..--.---.....- - 9- areas, relaxation of street standards, uses allowable within R-3 zoning, block length, park dedication, park frontage, and access separation. John Dunlap, Quest West LLC, said the maps submitted for this pre-application reflect changes resulting from meetings with the Development Review Committee and Design Review Board. These new submissions have eliminated the pocket parks and addressed connectivity concerns. They have tried to put together a wide range of mixed uses, while trying to keep certain living areas appropriately together. Mr. Dunlap pointed out this subdivision will require 16 acres of parkland, but they actually have 26 acres dedicated to parkland. The phasing of the parks will be front-loaded in phase 1 and some phases will have larger quantities of parks than others to maximize park space in one area. Mr. Dunlap stated the neighborhood community center should be developed during phase 4, as it is designed now. There will be 60-foot setbacks and the covenants will address fencing and storage sheds on the outskirts of the development and on the arterial streets. Mr. Dunlap said they interpreted Commission direction as desiring inclusion of neighborhood commercial areas, so it is important to discuss whether or not commercial development is appropriate given this could be a 1,000 person development. The neighborhood commercial area was purposefully located in close proximity to the senior living area. Mr. Dunlap closed by saying they have tried to design a project that will comply with the Bozeman 2020 Community Plan including blending, not segregating, housing types. They now are looking to the Commission for additional advise and input. Mayor Kirchhoff indicated he is having a difficult time with this subdivision plan as presented. He noted the mixed-use plan is an admirable one, but he is looking for some way for this neighborhood to make sense to him. There is no real street network and the designers have paid very little attention to the grid system, connectivity, hierarchy of streets, pass-through traffic; and it is unacceptable because there is no reason to move away from the grid system for streets. Mayor Kirchhoff noted there could be about 21 blocks going north/south on the east side of the swail, adding there is no topographical reason or planning reason for the way these streets are laid out. The design doesn't provide for neighborhood basics such as front yards, private back yards, texture, and the rhythmic feel of streets. With the exception of mixed housing types, this design doesn't work at all; and he doesn't see anything else he can support. Mayor Kirchhoff called for the inclusion of public rights-of-way around the parks, as well as the addition of more east-west connections. The cul-de-sacs need to be removed, as the Bozeman 2020 Community Plan calls for no cul-de-sacs. Mayor Kirchhoff suggested the designers start over and not try to salvage the design as presented. The design should include the creation of grid streets and accessing Baxter Lane and Oak Street from numerous locations. Mr. Dunlap replied they have eliminated the cul-de-sacs on the new designs, but they are limited in the number of times they can connect into major and minor arterial streets. The design is dictated by setback requirements because the property is wholly surrounded by minor arterials. They have redesigned the park frontage so it is accessible from the main roads and eliminated all pocket parks; but they are bound by the open space and neighborhood commercial area, making grid system streets difficult. Mr. Dunlap noted they wanted to eliminate as much road traffic in the senior living area as possible, which flowed more in their concept plan than the grid pattern in the senior community. They did apply the grid street pattern where it didn't affect setback requirements. Mr. Dunlap continued by saying 160 feet is a very long distance, so they wanted to add more detail. They feel the private drives will provide more open space. The designers believe the grid pattern does not allow the parks to be functional, and they wouldn't be able to save the wetlands. 11-24-03 - ---."".----.---.. - 10 - Commissioner Cetraro stated he is generally in favor of this plan, but questioned the need for another neighborhood commercial node, since this development is in fairly close proximity to North 19th Avenue. Mr. Dunlap responded their interpretation of the Bozeman 2020 Community Plan calls for the placement of a commercial node close to Baxter Lane. They are not proposing a mini-strip mall, rather they envision a mom and pop, Kagy Corner-type facility. Commissioner Youngman stated she agrees with Mayor Kirchhoff's comments regarding the streets. There needs to be a lot more connectivity, and in high density areas there should be normal blocks of streets. She understands the developer doesn't want to do a conventional grid system, but they could do a lot more than is depicted on this plan without crossing the open space corridor. Commissioner Youngman said she strongly suggests the design move much further in that direction. She also recommended more streets connecting to the parkland than depicted on the original plan. Commissioner Youngman voiced her concern that there is too much housing fronting on the long corridor of the parkland. This becomes an enforcement problem for the City because when there is no definition of the public open space, it will be taken over by individual property owners. She then voiced her appreciation for the consolidation of the parkland, noting the plan's momentum is going in the right direction. However, it needs to go further. Commissioner Hietala said he generally likes the creativity of the plan, but he questions the need for two neighborhood commercial nodes. Mr. Dunlap responded they included two nodes to invite discussion as to which location is more appropriate, although they prefer the northeast corner. Commissioner Hietala voiced his dislike for the 20-foot-wide private roads, which are generally problematic. He noted that during a recent Recreation and Parks Advisory Board meeting the issue of pursuing a new pool, rather than cash in lieu, for the parkland deficit was mentioned. Commissioner Brown noted the proposed neighborhood commercial node in the northwest doesn't have very good road access. He doesn't approve of private roads that don't meet City street standards because there have been problems with private roads in the past. Planning Director Epple added Planning staff has tried to make it clear staff supports neighborhood commercial development in the southwest corner only because any other location doesn't comply with the Bozeman 2020 Community Plan. Commissioner Youngman, Commissioner Brown, and Mayor Kirchhoff all agreed this development needs to comply with the Bozeman 2020 Community Plan. Continued discussion re Commission Resolution No. 3631 - expressina support for national forest manaaement that protects and maintains wilderness aualities of the Gallatin National Forest Included in the Commissioners' packets was a copy of Commission Resolution No. 3631, entitled: COMMISSION RESOLUTION NO. 3631 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO SUPPORT NATIONAL FOREST MANAGEMENT THAT PROTECTS AND MAINTAINS WILDERNESS QUALITIES OF THE GALLATIN NATIONAL FOREST. Also included in the packet were letters from The League of Women Voters of the Bozeman Area, dated November 15, and from Nia Vestal, 107 South Wallace Avenue, dated November 17, encouraging the Commission to take a position in support of a Gallatin National Forest Travel 11-24-03 ---------- - - _...._. .__._.....____._.__ ."...___ .....__....__ .____.__n _n. u_ ____n______._. .______.________.____ ._ .._ ._.._n_____ -.--...-.-.--... --.--..- - 11 - Management Plan. Distributed just prior to the meeting were a revised copy of Commission Resolution No. 3631 and a letter from Anne Tyler, 426 North Tracy Avenue. Dean Littlepage, 618 West Curtiss Street and Friends of Gallatin Forest member, stated they proposed substituting the words "road less lands" for "wilderness quality" in this resolution because wilderness is a vague term, while road less lands is a verified, precise term. Other changes proposed to the resolution are simply grammatical changes. They have also requested the last sentence be struck from the resolution, although it could be added in if the Commission desires. There is no real compelling reason to have it included or delete it. If the last sentence is left out, it becomes a statement of the value the City places on the forest; and the direction the City would like to see the Forest Service go. Alex Phillips, Montana Wilderness Association, said she is working with the Friends of Gallatin Forest on this issue. She noted one of the reasons the local economy is so strong and buffered from the economy of the rest of the nation is the community's proximity to the wilderness lands and the activities occurring there. The City of Bozeman owns land surrounded by the Gallatin Forest and the areas touched by the Forest Service plan, which provide drinking water for the city. No one wants their drinking water quality degraded, and this is one reason this issue has been brought before the Commission. Mayor Kirchhoff asked if the Friends of Gallatin Forest and the Montana Wilderness Association are suggesting the Commission support the proposed changed language only. Both Ms. Phillips and Mr. Littlepage answered they were. Sam Harvey, spokesman for the Gallatin Valley Snowmobile Association, stated he testified in 1998 against the Congressional proposal for wilderness management. He then read from the Snowmobile Association's history. Mr. Harvey noted he attended the Commission meeting when Mr. Christiansen outlined the Forest Service plan, but the public wasn't allowed to ask questions. He said he wanted to point out the Big Sky Snowmobile Trail goes right through the Gallatin National Forest, and the Gallatin Valley Snowmobile Association strongly opposes this proposal. Mr. Harvey stated he was also involved in the Gallatin land exchanges, one and two; and the language in those agreements states that current uses would be allowed to continue. They have no idea why the Forest Service is now proposing this area be designated as roadless. Commissioner Hietala said he is interested in the particular land exchange creating the Big Sky Trail, asking what part of the Trail this proposal impacts. Mr. Harvey answered the Big Sky Trail goes through the wilderness study area. It crosses the highway at the 320 Ranch and continues to West Yellowstone; a 128 mile trail. It was adopted by the Forest Service in 1984 as a national recreation trail. Savannah Eberline, 2705 Westridge Drive, read into the public record a letter in support of the proposed resolution. Michael Pummer, 315 North 18th Avenue, asked for Commission support of this resolution. He stated he is a mountain biker; and while he understands the Hyalite-Porcupine-Buffalo Horn wilderness area would be off-limits to mountain bikes, he still supports this resolution. He recognized the importance of roadless areas to this community and stated that as the community grows, it is important to protect and preserve these road less areas Nia Vestal,1 07 South Wallace, emphasized the economic impact of this plan, noting the Bozeman economy is a changing one that is dependent upon tourism. Anne Banks, 7 Hill Street, noted the Hyalite/Porcupine/Buffalo Horn area has been a wilderness study area for 25 years, with the idea it would be studied by Congress as part of a wilderness system. 11-24-03 --...-.-.---..- - 12 - The Forest Service was directed to manage these areas so their potential as wildernesses would not be degraded. Currently there is a Montana court case pending to decide if the wilderness quality has been degraded by motorized travel. A similar case in Utah will be heard by the Supreme Court this spring, and the Montana case will be put on hold until after the Utah case has been decided. Ms. Banks said she supports road less lands for the quality of life they offer and the economy they support. Mayor Kirchhoff asked if there were three Commissioners who felt comfortable moving forward on this item this evening. Three Commissioners indicated they were. Mayor Kirchhoff stated the way the resolution has been changed still essentially supports the values of the resolution, including the fact this is good for the community and the surrounding area. It is vital to the city's ability to thrive and is definitely supportive of economic values; but more importantly, it supports keeping some areas roadless. Mayor Kirchhoff said he doesn't think the supply of road less lands is being increased to an alarming extent. Commissioner Cetraro stated he appreciated the presentation by Mr. Christiansen, and he feels comfortable with his direction and plan. He feels that is good enough direction for him. Commissioner Hietala said he would be comfortable deleting the phrase "by managing them as non-motorized" from the tenth paragraph of the resolution, as changed. He would also like to strike the fourth paragraph, which contains the phrase "the proximity of road less lands strengthens the economy". He believes this resolution goes too far in protection of the wilderness. Montana as a whole has many other opportunities to utilize natural resources. Mr. Hietala acknowledged people come to Bozeman for recreational and environmental reasons, but he doesn't think that has much to do with the local economy. Commissioner Brown stated he doesn't support Commissioner Hietala's ideas, but he has no problem adding the last sentence back into the resolution. Commissioner Youngman said that obviously roaded areas can continue to be used for motorized recreation, which is protected in the alternatives proposed by the Forest Service. There is compelling data the local economy is impacted greatly by, and dependent upon, the wilderness area. Commissioner Brown noted there are lots of roaded areas in the forest as is. Mr. Christiansen pointed out, during his presentation to the Commission on November 17th, the 2001 MontanalDakota OHV decision restricted motorized use to existing routes, with prohibitions on going off road. However, that does not apply to snowmobiles. They are allowed everywhere except for closed areas, which is some concession to snowmobilers. Commissioner Brown acknowledged snowmobiles, in most situations, don't do a lot of damage. He recognized this resolution gives some degree of protection to a very valuable resource in the vicinity; and he strongly supports this resolution, including the addition of the last sentence. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3831, expressing support for national forest management that protects and maintains road less lands of the Gallatin National Forest, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, and Mayor Kirchhoff. Those voting No being Commissioner Cetraro and Commissioner Hietala. 11-24-03 - -------- -------------- - 13 - Recess. 5:48 pm. Mayor Kirchhoff recessed the meeting at 5:48 pm, to reconvene at 7:00 pm for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene. 7:00 pm. Mayor Kirchhoff reconvened the meeting at 7:00 pm. Public hearing. annexation of 0.82-acre parcel located at northeast corner of intersection of North 15th Avenue and Durston Road (1409 Durston Road) - Wilda Wheeler (A-03007) This was the time and place set for the public hearing on annexation of an 0.82-acre parcel located at 1409 Durston Road, requested by Wilda Wheeler under Application No. A-03007, as set by Commission Resolution No. 3636, entitled: COMMISSION RESOLUTION NO. 3636 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS 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. Mayor Kirchhoff opened the public hearing. Associate Planner Morris noted 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 written staff report. She briefly summarized those findings and forwarded staff's recommendation for approval of the requested annexation, subject to the following issues being addressed prior to or in conjunction with the annexation agreement: 1. The property owner shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, with the Annexation Agreement. 2. The property owner shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest the Creation of SIDs for the following: a. City-wide Parks Maintenance District b. Signalization of the intersections of Durston Road and North 15th Avenue and Durston Road and North 11th Avenue. The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the property owner 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 11-24-03 - 14- valuation of the property, traffic contribution from the development or a combination thereof. 3. The property owner will be responsible for paying all applicable street and fire impact fees with the Annexation Agreement. 4. The Annexation Agreement shall include language allowing the continued use of the property for a residence and a dance studio. The dance studio shall be permitted to remain as a legal nonconforming use unless the use is discontinued for a period greater than ninety days. Any future use of the property shall be in conformity with the provisions of the City of Bozeman zone code. 5. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 6. The applicant shall submit an annexation map with a legal description of the property, showing the existing public utilities (water, sewer, roadways and storm drainage) improvements on the property, and show adjacent developments (subdivision name, block and lots). The map shall also show rights-of-way and public easements within and adjacent to the property with the Annexation Agreement. The map must be supplied on a mylar (18 inches by 24 inches) for City records, one (1) digital copy on a double-sided, high density floppy disk or compact disk and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. No public comment was received. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that staff be directed to bring back an annexation agreement addressing item numbers 1 through 6 listed above and a resolution of annexation for consideration and possible action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, and Mayor Kirchhoff; those voting No, none. Public hearina . Zone MaD Amendment - establish initial zoning designation of "R-3" on 0.82-acre Darcel located at northeast corner of intersection of North 15th Avenue and Durston Road (1409 Durston Road) . Wilda Wheeler (Z-03236) This was the time and place set for the public hearing on the Zone Map Amendment requested by Wilda Wheeler under Application No. 2-03236, to establish an initial zoning designation of "R-3," Residential-Medium-density, on an 0.82-acre parcel located at northeast corner of intersection of North 15th Avenue and Durston Road. The subject property is more commonly located at 1409 Durston Road. Mayor Kirchhoff opened the public hearing. 11-24-03 ------------ . __ ...._...."n..____..__.__n..n._____ __... .n..._._._.. .__.__.. .._._._____. .___._.___.._._.________u__.__._____.___.__._.______._ ____.._. .____.___.____._. _.. _."..._._._.._ __ - 15 - Associate Planner Morris presented the staff report, noting the requested zone map amendment would give the property an initial zoning designation of R-3 instead of the current county AS designation. No public comment was received. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission initially approve the Zone Map Amendment requested by Wilda Wheeler under Application No. Z-03236, to establish an initial zoning designation of "R-3," Residential-Medium-density, on an 0.82-acre parcel located at the northeast corner of the intersection of North 15th Avenue and Durston Road and authorize and direct staff to bring back an ordinance enacting the amendment subject to the following conditions: 1. The ordinance for the Zone Map Amendment shall not be adopted until the resolution of annexation is completed and approved by the City Commission. If the annexation is not approved, the application shall be void. 2. The applicant shall provide a metes and bounds legal description and an 8~-inch by 11-inch or 8~-inch by 14-inch map 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, and Mayor Kirchhoff. Those voting No, none. Public hearina - preliminary plat - subdivide parcel described as amended plat of a portion of Block 3. Babcock and Davis Addition. into two lots with variance from Section 16.14.050. Bozeman Municipal Code. to file plat without installation of City standard sidewalks alona public street prior to occupancy of any structure on an indiyiduallot - C&H Enaineerina for Deborah Bear McKay (southeast corner of intersection of East Davis Street and North Wallace Avenue) (P-03028) This was the time and place set for the public hearing on the preliminary plat requested by C&H Engineering for Deborah Bear McKay under Application No. P-03028, to subdivide an 0.344-acre parcel described as the amended plat of a portion of Block 3, Babcock and Davis Addition, into two lots with a variance from Section 16.14.050 of the Bozeman Municipal Code, to file the plat without installation of City standard sidewalks along a public street prior to occupancy of any structure on an individual lot. The subject property is located at the southeast corner of intersection of East Davis Street and North Wallace Avenue and is described as 222 North Wallace Avenue. Mayor Kirchhoff opened the public hearing. Senior Planner Skelton presented the staff report. He noted staff has reviewed this application in light of the established criteria, and staff's comprehensive findings are contained in the written staff report. He reviewed the application and the requested variances from subdivision regulations and forwarded staff's recommendation for approval of the application. Senior Planner Skelton stated originally the Development Review Committee reviewed this application without the variance, and they realized no subdivision improvements were required. It would not be in the best interest of the community or the property owner to install sidewalks at this time. Therefore, the Development Review Committee recommended she request a variance. 11-24-03 ...-.-.----- ____.. ._ .__.__ _n__........_.......__._ _. _ .._ -......---- - 16 - Deborah Bear McKay, property owner, stated her immediate goal is to refinance her home, which is on the front lot; and she needs to subdivide the property to do that. No other public comment was received. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the preliminary plat requested by C&H Engineering for Deborah Bear McKay under Application No. P-03028, to subdivide an 0.344-acre parcel described as the amended plat of a portion of Block 3, Babcock and Davis Addition, into two lots with a variance from Section 16.14.050 of the Bozeman Municipal Code, to file the plat without installation of City standard sidewalks along a public street prior to occupancy of any structure on an individual lot, be approved subject to the following conditions: 1. The preliminary plat shall be modified to identify Wallace Street as being Wallace "Avenue". 2. Under Section 16.14.050 "Sidewalks" of the Bozeman Subdivision Regulations, City standard sidewalks shall be constructed along East Davis Street prior to occupancy of any structure on individual lots, or financially guaranteed and installed upon the third anniversary, unless the City Commission grants a variance. 3. The property owner shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a) Street improvements to East Davis Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b) City-wide park maintenance district. 4. That the final plat contains a notation stating that all downstream water user facilities will not be impacted by this subdivision. 5. That the final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 16.32 "Certificates" of the City of Bozeman Subdivision Regulations and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats and including provisions for all appropriate certificates and language, certification from the City Engineer that as-built drawings for public improvements were received and accompanied by all appropriate documents, including a Platting Certificate. Four mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the final plat, on a double sided, high density 3~-inch floppy disk, and five (5) paper prints. 6. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805 A.R.M. 7. That the final plat contains the minimum twenty (20) foot wide utility easements on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all 11-24-03 ... ......-.. ----.-. .-.--.- -..--.-.. ...--.. ---. . -.-. -.....--..-........- ...-....- ---..-...--------.-------.--- .. .-... ..- ..-..-......--...----..- ..... ......-...- - 17 - local utility agencies and the Director of Public Service agree in writing that utilities can be installed in the twelve (12) foot wide and ten (10) foot wide utility easements along the front and rear of the residential lots or other proposed easements and that utility easements along the side property lines are not necessary. 8. No stormwater runoff swales and/or ditches shall be allowed in required yard setbacks unless installed underground in properly designed piping that is reviewed and approved by the City Engineer's Office and Planning Office prior to final plat approval. 9. If the final plat for any phase of the subdivision is to be filed prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, the developer shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval, and the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the estimated cost of the remaining improvements. 10. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for said minor subdivision. 11. That the applicant submits with the application for final plat review and approval of McKay Two-Lot Minor Subdivision, a written narrative stating how each of the conditions of preliminary plat approval have been satisfactorily addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, and Mayor Kirchhoff. Those voting No, none. Public hearina - Maior Site Plan with Certificate of Appropriateness - allow construction of three- stOry :t52.000-sauare-foot public librarv on propertv described as a portion of Block C. Rouse's Addition. portions of Blocks B. C. E and F. Rouse's Second Addition. portions of East Babcock Street. East Olive Street and East Curtiss Street Ivina between the east line of South Wallace Avenue and South Ida Avenue. portions of South Ida Avenue Ivina between the south line of East Main Street and the south line of East Curtiss Street (626 East Main Street) - Overland Partners for the Bozeman Public Librarv (Z-03256) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness requested by Overland Partners for the Bozeman Public Library under Application No. Z-03256, to allow the construction of a three-story, :!:52,000-square-foot public library on property described as a portion of Block C, Rouse's Addition; portions of Blocks S, C, E and F, Rouse's Second Addition; portions of East Babcock Street, East Olive Street and East Curtiss Street lying between the east line of South Wallace Avenue and South Ida Avenue; and portions of South Ida Avenue lying between the south line of East Main Street and the south line of East Curtiss Street. The subject property is more commonly located at 626 East Main Street. Mayor Kirchhoff opened the public hearing. 11-24-03 ------.---- ......----- -18- Associate Planner Morris presented the staff report, She noted staff has reviewed this application in light of the established criteria, and staff's comprehensive findings are contained in the written staff report. She reviewed the application and forwarded staff's recommendation for approval of the application, Associate Planner Morris noted there will be right-in ingress, right-out egress only on Main Street; and the Wallace Avenue entrance will permit full access. Zoning is B-2, with the south half zoned R-4, based on what staff believes should be public agency exemptions, The proposed building height will be 45 feet at the front of the building, the highest point, without the towers, which is within the permitted uses. Currently there is no formal landscape plan, which will be reviewed by the Design Review Board, as will the exterior lighting plan, when they are submitted. The parking access for the Nash-Finch building needs to be resolved, as well. Ms. Morris pointed out that condition number 26 needs to be modified to say one acre, rather than five acres. Mayor Kirchhoff asked if the Design Review Board preferred a darker brick color than was originally proposed, Associate Planner Morris replied the Design Review Board believed the brick should be darker than the Jacob's Crossing building, The brick color originally proposed was very similar to that building. Scott Carpenter, Overland Partners Architects, reviewed exterior materials. He stated the brick color will be darker; however, they are trying to avoid a 1950s, retro-feel schoolhouse color. They do understand the desire for a deeper, richer color; and they are trying to respond to the great masonry heritage represented on Main Street The design also includes metallic siding, recalling the industrial heritage of the city, The big component of the exterior is the glassy character, which will open to Lindley Park and Main Street Mr. Carpenter noted they have done lighting studies on the percentage of daylight for the building; and there will be three percent outdoor daylighting, which will be a cost savings from the mechanical lighting required. The water harvesting elements, which appear on the model, have been eliminated, They will continue to investigate water harvesting elements and EPA grants. One EPA deadline was missed in November, and the next deadline is in July, which is too far out to benefit this project Jeff Ball, 323 South Wallace Avenue, stated he is not familiar with the details of this application; but his biggest concerns are the section that is not being developed and the exterior lighting. He wants this project to respect the Burke Park master plan and wants Burke Park to remain a dark park, with no ambient light Mr. Ball questioned condition number 29, the improvement of Wallace Avenue. Currently South Wallace Avenue is dirt, with no curb, gutter, or sidewalk on either side, This plan calls for the installation of a temporary gravel cul-de-sac, along with curb, gutter, and sidewalk along the east side, Mr. Ball said there should be some compensation for all of this paving and believes this area of Wallace Avenue should be kept unpaved. He feels this is overdevelopment of a pastoral area. He characterized the trail plan as disappointing and asked how this will integrate with the Burke Park plan, Associate Planner Morris explained the exterior lighting will meet all code requirements, including cut-off shields, so the light won't spill over into the adjacent properties. There needs to be lighting on the back side of the building for security. She assured Mr, Ball there will be no excessive parking lot lighting, Regarding the improvements to Wallace Avenue, the Associate Planner said those improvements are related to the proposed paved parking lot for Burke Park. The cul-de-sac is a requirement for emergency services vehicles. Associate Planner Morris noted the trail plan is dependent on CTEP funding; the extent of trail improvements is restricted to the CTEP funding received. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Major Site Plan with Certificate of Appropriateness requested by Overland Partners for the Bozeman Public Library under Application No. Z-03256, to allow the construction of a three-story, :t52,000-square-foot 11-24-03 -...-......--...- ---.-- .----.-.- ---.-.--.---..---.--.--.- - 19 - public library on property described as a portion of Block C, Rouse's Addition; portions of Blocks B, C, E and F, Rouse's Second Addition; portions of East Babcock Street, East Olive Street and East Curtiss Street lying between the east line of South Wallace Avenue and South Ida Avenue; and portions of South Ida Avenue lying between the south line of East Main Street and the south line of East Curtiss Street, be approved subject to the following conditions: 1. The formal plaza and trail plan shall be submitted to the Design Review Board for review and approval. 2. Exterior lighting for the site shall be submitted for Design Review Board review and approval. 3. A darker exterior brick color shall be used to contrast from surrounding development. 4. Seating areas shall be installed adjacent to the trail system on the southeast side of the building. 5. The applicant shall investigate EPA 319 funding for alternatives for the stormwater retention/detention. 6. The applicant shall utilize the same manufacturer, style and lamp as provided with the downtown streetscape project without the banner arms and plant supports. In addition, the fixture shall incorporate an internal shield to deflect light down so not to detract from driver visibility, the poles shall be placed 2 feet from the back of curb to the center of the pole, and the lights shall be evenly spaced at a rate of one light for every 50 feet of street frontage, excluding the drive access. All of the above-mentioned specifications shall be noted on the final site plan. 7. A shared parking/access agreement, with the property owner to the west, shall be submitted with the final site plan. Upon approval by the Planning Office, the document must be recorded at the Gallatin County Clerk and Recorder's Office. 8. 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. 9. 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. 10. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman zone code, including contractor, real estate, and lending institution signs temporarily posted on-site during and after construction of the building. 11. The final site plan shall be adequately dimensioned. 11-24-03 .n. ....__....._... ... .__.........______....... _"... - 20- 12. 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 and discharge calculations and discharge structure details), stormwater discharge destination, and a storm water 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. 13. 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. 14. 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. 15. 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 be less than 10 feet from the edge of the easement. 16. 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. 17. 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". 18. 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. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 19. 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. 20. Flood plain: 11-24-03 --------- -.---.--- -- - 21 - a. A Flood Plain Development Permit must be obtained from the City Engineer prior to final site plan approval. b. The 1 OO-year flood plain boundary and flood elevations must be depicted on the final site plan. 21. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 22. All existing utility and other easements must be shown on the final site plan. 23. 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). 24. Drive approach and public street intersection sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle. 25. An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water and sewer mains and services within the State's right-of-way. An Access Permit must be obtained for the drive approach onto East Main Street. 26. 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 Water Quality Bureau, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State waters. 27. The remediation project must be completed and accepted by the DEQ prior to initiation of any construction activities on the site. 28. The drive approach onto South Wallace Avenue must be moved to the south to meet the minimum required separation distance from Curtiss Street of 80 feet. 29. South Wallace Avenue shall be fully improved including curb, gutter, sidewalk on the east side, and asphalt from East Curtiss Street through the south side of the proposed access. A gravel temporary cul-de-sac shall be installed at the end of South Wallace Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown, and Mayor Kirchhoff. Those voting No, none. Public comment No public comment was received. 11-24-03 -- _n_..__...."..__ . ...-..-.-..-..------- ---.---..-.... - 22- Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from McRay and Delone Evans, 1524 South Rouse Avenue, dated November 11, expressing concern about the Bozeman Creek neighborhood plan. (2) Letter from Ken Sinay, 411 South Church Avenue, dated November 17, regarding the parking plan for the Library/Peets' Hill. (3) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, November 25, at the Courthouse. (4) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, November 25, at the Professional Building. (5) Memo from Planning Secretary Tara Hastie announcing there will be no Design Review Board meeting on Tuesday, November 25, due to the lack of agenda items. (6) Memo from Administrative Services Director Gamradt, dated November 24, forwarding questionnaires to the Commissioners on the budget document and process. (7) Listing of projects to be considered at upcoming Commission meetings, dated November 24, 2003. (8) Planning Director Epple offered the following during his FYI: 1) He has sent a summary discussion of the Transportation Coordinating Committee's action regarding the downtown improvement traffic plan to City Manager Johnson. 2) On December 15th Condition 21, to resolve Bozeman Deaconess Hospital's CUP, will come before the Commission. 3) The Bozeman Creek neighborhood plan will be coming before the Commission on December 8th. (9) During his FYI, Staff Attorney Cooper presented an update regarding the status of the petition to start the CALA process on the library remediation site. Staff Attorney Cooper said he talked to the Department of Environmental Quality (DEQ) this afternoon about the voluntary clean-up plan, noting the remediation work has been completed. He noted the CALA process was started before the City was fully aware of its implications, with the idea being to assign responsibility to prior owners who no longer exist and to obtain orphan share monies to cover a portion of the remediation costs. He reminded the Commission that the petition to initiate the CALA process has been filed, and off-site contamination has been found in South Wallace Avenue and on neighboring properties. It is now obvious that these property owners are not nearly as interested in cleaning up their properties as the City is; their preference would be to contain it either through fencing or paving over it, but the DEQ would prefer cleanup. He stressed the City wants closure on its property so that it can begin construction of the new library. Responding to Mayor Kirchhoff, Staff Attorney Cooper stated that to withdraw the CALA petition would save the City monies in the short term; the downside is the City would not be eligible for orphan share monies. He then stressed that the Commission should take action to withdraw the petition, if it so chooses, at a December meeting, cautioning that January may be too late. Several of the Commissioners expressed concern about the potential negative impacts that continuing with the CALA process may have on the taxpayers. 11-24-03 ----- -- -- - - --.------- . . .----..-- - 23- (10) Library Director Meister offered the following FYI item: 1) The ceremony for the presentation of the Institute of Museum and Library Services' National Award for Museum and Library Service will be held at the library at 7:00 pm. Following will be an explanation of the final site plan and design plan for the new library. (11 ) During her FYI, Commissioner Youngman offered the following: 1) She had fun welcoming the 68-foot Capitol Christmas tree to Bozeman, and the people of Idaho sent along a bag of Idaho products and a letter from the governor. (12) Commissioner Brown noted the following during his FYI: 1) Asked if all Commissioners were in agreement to meet with the County Commissioner on December 17th instead of December 10th. All agreed. 2) He went to the IDB/BID meeting last Tuesday, and there is a lot of negotiating to be done regarding the financing of the parking structure. To date, nothing has been resolved. Adjournment - 8:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, and Mayor Kirchhoff; those voting No, none. A-~ STEVEN R. KIRC . FF, Mayor ATTEST: (?~/ ~ ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: ~~ ~'~~A J KA EN L. DeLA TH R Deputy Clerk of the Commission 11-24-03 _.__..._.u_____ ,. __......_..