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HomeMy WebLinkAbout2003-08-18 Minutes, City Commission .~..>.. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 18,2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 18, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested that the Third Party Payor Proof of Claim Form and the Addendum for review services on the unified development ordinance be removed from the Consent Items for discussion. Minutes - Januarv 18. 2000. and June 10. July 14. Auaust 4 and Auaust 11. 2003 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, July 14, August 4 and August 11, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3613 - intent to transfer City's interest in iointly purchased telephone system to the County COMMISSION RESOLUTION NO. 3613 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO TRANSFER INTEREST IN CERTAIN SURPLUS ITEMS FROM THE CITY OF BOZEMAN TO A COUNTY OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA. Approval of final plat for Diamond Estates Subdivision No.2. Phase I {subdivide 20.302 acres described as a portion of the South % of Section 3. T2S. R5E. MPM. into 29 residential lots} {north side of Durston Road at Ferauson Avenue extended} {P-03017} Authorize City Manaaer to sian - Acceptance of Sewer and Water Pipeline and Access Easement and Aareement - Doualas L. Smith - 30-foot-wide easement (alona the north/south mid-section line of Section 3. T2S. R5E. MPM) Appointment of Commissioner Brown and Commissioner Cetraro to sub-committee to review Pledaed Securities as of June 30. 2003 Building Inspection Division report for July 2003 Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, 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 08-18-03 - 2 - being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Authorize City Manager to sian -Third Party Payor Proof of Claim Form City Manager Johnson announced that staff review has revealed the City had no applicable claims and, therefore, has no need to complete and execute this form. As a result, this item is being withdrawn from the agenda. Authorize City Manaaer to sign - Addendum No.1 to Professional Services Aareement with Freilich. Leitner & Carlisle. Inc.. for review services on unified develoDment ordinance City Manager Johnson reminded the Commission that this item was removed from the Consent Items for discussion. Planning Director Epple noted that when staff embarked on writing the unified development ordinance, the Commissioners voiced a desire to ensure the document meets current legal tests, would withstand a court challenge, and embodies as many smart growth principles as possible. Since this document is on the cutting edge, staff and the Commission wanted good legal review and, as a result, entered into a contract with Freilich, Leitner & Carlisle, Inc., one of the top land use attorney offices in the nation. Under this contract, staff has submitted every chapter of the unified development ordinance to the law firm upon its completion and has incorporated any comments received as a result of that review. He indicated that the original contract was in an amount not to exceed $15,000; and that limit has now been reached but there is a substantial amount of work yet to be done. This addendum allows for up to $10,000 more for these services, and will cover the costs of final reviews as the document goes through the hearing process next month and any additional advice the Commissioners may seek as a result of the hearing process. He concluded by stressing that the costs are on an as billed basis, and it is possible that the entire $10,000 will not be needed. Planning Director Epple then noted that during the past year, staff spent a significant amount of time on drafting a new telecommunications ordinance. Due to the technical nature of that document, staff submitted the draft to Freilich, Leitner & Carlisle, Inc., for review and comment; and that review resulted in approximately $4,000 in unanticipated costs. Responding to Commission'er Cetraro, Planning Director Epple confirmed that the billing rate is approximately $200 per hour. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission authorize and direct City Manager Johnson to sign Addendum NO.1 to the Professional Services Agreement with Freilich, Leitner & Carlisle, Inc., to increase the contract amount by up to $10,000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. ReDort on work session re Community Affordable Housina Advisory Board recommendations re affordable housina Dolicy Commissioner Youngman distributed a brief synopsis of the meeting, outlining the twelve key recommendations resulting from the afternoon's work session. She also distributed an information sheet identifying recent, pending and proposed regulatory reforms and actions to promote affordability. She reviewed the key recommendations that resulted from the work session, noting that the representatives from both the Chamber of Commerce and the Southwest Montana Building Industry Association (SWMBIA) who were present indicated they could support the recommendations from the Community Affordable Housing Advisory Board (CAHAB) as long as these issues are included: 1. Vigorously pursue affordable housing property tax abatement and add it to the incentives in Strategy V. 08-18-03 ------------.---------- - .. ..-.-- - .-----.-.-...-.. --.----- . .-----.-.-.- - 3 - 2. Beef up the incentives and take into account any data volunteered by developers (such as Dab Dabney) to ensure the incentives provide sufficient practical assistance in providing long-term affordable rental units for people at 30 to 40 percent of area median income. 3. Include a sunset clause for the restricted size lot (RSL) provision, as well as others, so review and action by the Commission is required for some policies to continue. 4. Aggressively pursue grants to help with affordable housing. 5. Create a reliable long-term funding stream for the Community Affordable Housing Fund for the first time homebuyers' program and for rental housing. 6. Invite the building community to suggest possible additional regulatory and process reforms. 7. Consider limiting the homebuyers' program with a residency requirement, or a provision about no full-time students. 8. Consider elimination of the Design Review Board or additional actions to streamline the process for affordable housing. 9. Consider a guaranteed timeframe for review and approval of affordable housing projects. 10. As a next step after policy/ordinance adoption, develop a "business plan" regarding annual budget needs, staffing, etc. 11. Review the legality of selling parcels of long unused, perhaps impractically located or sized, parkland or of building affordable housing on them. 12. Consider developing a kiosk or referral service for affordable units. Commissioner Youngman highlighted some of the discussion revolving around these recommendations, noting it is important to recognize that the free market approach will not guarantee that development of smaller lots and smaller homes will result in the creation of affordable housing. The CAHAB has suggested that the free market, with sufficient incentives for the building industry and assistance through the first time homebuyers' program, may be able to encourage the creation of affordable units. She stated the development community recognizes the importance of a reliable, long-term funding stream for both the first time homebuyers' program and the rental assistance program to ensure that future crises are avoided. Commissioner Youngman noted one issue raised during the discussion was the possibility that the Design Review Board has outlived its need, or that its role should be limited or eliminated to streamline affordable housing projects. She stated that the ORB currently has three roles: reviewing projects, reviewing design guidelines, and considering appeals; and it appears that allowing staff to conduct the basic project reviews might be appropriate. She recognized the importance of giving affordable housing projects a priority in the review process, thus ensuring that they are processed as expeditiously as possible. Commissioner Youngman concluded by noting that the twelve items listed above are designed to amplify and add elements to the strategy recommendations from the Community Affordable Housing Advisory Board to make sure they work well for the private and non-profit sectors of the community. She stated that these recommendations will be subject to additional review and, if determined feasible, will be subject to public hearings prior to incorporation into the code. Commissioner Youngman noted that, also included in the Commissioners' packets were a revised listing of the affordable housing strategies developed by the Community Affordable Housing Advisory Board; a memo from the CAHAB forwarding responses to Commissioner questions raised during the July 28 work session; a memo from Paul Peninger, Bay Area Economics, responding to some of the questions raised; and a summary of affordable housing programs in other communities. She asked if that information 08-18-03 .-.-.---. - .....- -.... -.----- ----.----.....-..-... - 4 - addresses all of the Commissioners' concerns, suggesting that if does not, the questions need to be restated. Commissioner Hietala stated he does not feel the impact of the MSU student population has been appropriately identified. He then noted that the housing supply grew faster in the 1990s than the demand did, and the result is an increased vacancy rate. He concluded by suggesting that a business plan is needed before an ordinance can be written, cautioning that the plan will not be written if the ordinance is enacted first. Commissioner Youngman reminded the Commission that the CAHAB has requested commitments from the City for $100,000 funding for the first time homebuyers' program and $100,000 funding for the rental program, for a total of $200,000 annually. She stressed that, even with grant monies, this level of funding results in putting 35 homes in ownership and provides 12 apartments for those under 40 percent of area median income each year. She stated that this meets only a portion of the demand for this segment of the housing market. Commissioner Hietala voiced his support for a residency requirement for the first time homebuyers' program, stating he does not feel the City should subsidize those residing outside its taxpayer base. Commissioner Cetraro voiced his general concurrence with the recommendations, noting he supports the idea of beefing up the incentives to develop affordable housing for the 40 percent of area median income level. He then suggested a lot of the questions that may arise during consideration of ordinance revisions to implement the recommendations could be resolved if a business plan were prepared prior to the ordinance. Mr. Dick Prugh, 222 West Arthur Street, expressed concern about the proposal to eliminate Design Review Board, noting that good design works for everyone. Commissioner Youngman expressed concern about requiring a business plan prior to adoption of ordinance revisions, stating she feels it is more appropriate after the ordinance is adopted. She then noted that the Community Affordable Housing Advisory Board took the consultant recommendations, softened them and made them applicable to Bozeman, crafting a plan with no business opposition. She suggested that, once the recommendations are adopted, the Commission direct staff to make implementation of some of them a priority. Mayor Kirchhoff voiced his interest in obtaining unity on the Commission table prior to acting on the recommendations, particularly in light of the large cross section of the community that has expressed its support. To accomplish that desire, he expressed a willingness to delay action for a week if additional information is needed. Commissioner Cetraro stated he is having difficulty identifying the exact document on which the Commission is acting, largely due to the fact that the information is contained in two different document rather than one comprehensive document. Commissioner Youngman volunteered to prepare a single document for consideration at next week's meeting. She then indicated that, if the Commission unanimously supports these recommendations, she is willing to accept them. If Commission support is not unanimous, however, she intends to pursue stronger language. She cautioned that these recommendations soften the current annexation policy in exchange for a comprehensive package of incentives and business tools for providing affordable housing. Commissioner Brown thanked the Community Affordable Housing Advisory Board for their work, stating he feels this is a good product. He then expressed his interest in adopting the recommendations and moving forward with the process. Commissioner Hietala agreed that the Board has done a tremendous amount of work; however, he continues to have some concerns and unanswered questions. 08-18-03 ..-. ..--.--- _n._.. ._..__._..___.. -.---.. ---.-.--,.-.... -. -... ---........ - 5 - Break -7:57 to 8:13 p.m. Mayor Kirchhoff declared a break from 7:57 p.m. to 8:13 p.m., in accordance with Commission policy. Report on work session (continued) re Community Affordable Housing Advisorv Board recommendations re affordable housina policv It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that this item be postponed for one week, to allow time for creation of a complete, comprehensive document upon which to act. 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. Commission Resolution No. 3609 - levvina and assessina street maintenance district assessments for Fiscal Year 2003-2004 Included in last week's packet was a copy of Commission Resolution No. 3609, entitled: COMMISSION RESOLUTION NO. 3609 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2004 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. City Manager Johnson reminded the Commissioners that the public hearing was conducted at last week's meeting, and the decision was delayed to give staff an opportunity to respond to questions raised and comments made during the public hearing. Included in the Commissioners' packets were a memo from Administrative Services Director Miral Gamradt, dated August 13, forwarding staff responses; excerpts from the minutes of the meetings of July 9, 1990; July 16, 1990; and August 6, 1990, when the street and tree maintenance districts were created and initially assessed; additional information regarding the assessments for Bridger Creek Golf Course, as provided by Mr. Dane Gamble; and draft minutes from the public hearing held last week. At Mayor Kirchhoff's request, Administrative Services Director Gamradt reviewed the information provided in the packet. He stated that, in response to testimony at last week's meeting, he recomputed assessments without caps except on the PLI zoned properties. Those calculations resulted in a 77 -percent increase in street maintenance assessments and an 85-percent increase in tree maintenance assessments. This increase reflects the high number of the 10,000 properties that would be affected by the proposed change in the method of assessment and the workload that would accompany it. He further noted that the unified development ordinance will probably impact the method of assessment next year and recommended that no changes be made this year. The Administrative Services Director noted the eight-year history in his memo reveals that in 1998 and 1999 there were significant increases in the assessment rate for the street maintenance district as a result of eliminating General Fund support; and since then the rate increases reflect an inflationary increase plus a small percentage to fund the capital improvement program. He indicated that the proposed increases for both street and tree maintenance this year will result in approximately a $4 increase for the typical homeowner, and this type of increase is preferable to very large increases several years apart. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3609, levying and assessing street maintenance district assessments for Fiscal Year 2003- 2004, be finally adopted. 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. 08-18-03 -.....----...-.-.--.---..- - .. . .-.. .....-.. ..---.--...- - 6 - Continued public hearina - Commission Resolution No. 3610 - levyiml and assessina tree maintenance district assessments for Fiscal Year 2003-2004 This was the time and place set for the continued public hearing on Commission Resolution No. 3610, entitled: COMMISSION RESOLUTION NO. 3610 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2004 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Kirchhoff reopened the continued public hearing. Distributed just prior to the meeting was a memo from Superintendent of Facilities and Lands James Goehrung, dated August 18, providing information on the Forestry Division responsibilities, activities and capital equipment. Administrative Services Director Gamradt stated the comments from the previous agenda item pertain to this item as well. Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, asked if this percentage increase is in addition to the new assessments that will be received as a result of new development and new annexations. He then asked what the total collected was for last year and what the projected revenues are for this year. Administrative Services Director Gamradt indicated that the increase is in addition to new assessments. He then estimated that the City will collect $1.6 million in both street and tree maintenance assessments, or $64,000 more than collected last year. Mr. Jeff Krauss, 508 Park Place, suggested that a map showing where the monies were spent for both street and tree maintenance could be beneficial in effectively communicating the services provided. He then noted that the creation of these two districts was tied to the limitations of 1-105, thus allowing the General Fund to grow under those constraints. He stated that the City's General Fund has increased over 100 percent since 1995, and questioned whether continued increases in these districts are still necessary, or if the General Fund could once again subsidize some of the operational costs. Mr. Joe Frost, 1816 South Rouse Avenue, noted Bozeman has had street trees since the turn of the century. In 1990, 70 percent of the street trees were at risk of dying, and this program has dramatically reduced that percentage. He then stated that trees are valuable, noting that planting a tree increases property values 8 to 10 percent while cutting a tree down decreases property values by 27 percent. He concluded by asking the Commission to approve this proposed rate increase. Administrative Services Director Gamradt acknowledged that the General Fund has increased substantially over the past ten years, and noted that a large part of the $2 million change is due to changes in accounting for employee insurance costs and the increased health insurance costs. Director of Public Service Debbie Arkell reviewed the workload indicators for the Forestry Division, which include trimming trees, planting trees, responding to storm damage, and chipping and disposing of Christmas trees. The Forestry Division concentrated much of the tree trimming this summer to those streets where chip sealing was occurring, so that the trucks could move easily along the streets. She then indicated that the Forestry Division is upgrading the tree inventory, converting it to a GPS system with the sizes and ages of trees and a history of the work done on each tree. With that new system, it should be easy to create a map with dots showing where the work has been done each year. Since there were no Commissioner objections, Mayor Kirchhoff closed the continued public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission Resolution No. 3610, levying and assessing tree maintenance district assessments for Fiscal Year 2003- 2004, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being 08-18-03 - --------------- - 7 - Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearina - Certificate of Appropriateness to allow remodelina of existina accessory structure on a 45-foot bv 140-foot portion of Lots 4 and 7. Block 7. Tract 2. Babcock and Davis Addition. to accommodate garage and apartment on around floor. with deviations from Section 18.18.030. Bozeman Municipal Code. to allow the lot to be less than the reauired 60 feet: from Section 18.18.050. to allow the garage/apartment to encroach into the reauired side yard setback: from Section 18.50.110.K.. to allow parkina to be located in the front yard: and from Section 18.04.030. to allow the accessory buildina to have a laraer footprint than the principal buildina - SkY Sterry and Trisha Wookev. 626 East Peach Street lZ-03181 ) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Sky Steery and Trisha Wookey under Application No. Z-03181, to allow remodeling of the existing accessory structure on a 45-foot by 140-foot portion of Lots 4 and 7, Block 7, Tract 2, Babcock and Davis Addition, to accommodate a garage and apartment on the ground floor, with deviations from Section 18.18.030 of the Bozeman Municipal Code, to allow the lot to be less than the required 60 feet; from Section 18.18.050, to allow the garage/apartment to encroach into the required side yard setback; from Section 18.50.110.K., to allow parking to be located in the front yard; and from Section 18.04.030, to allow the accessory building to have a larger footprint than the principal building. The subject property is located at 626 East Peach Street. Included in the Commissioners' packets was a memo from Historic Preservation Planner Hillary Hertler, dated August 13, requesting this public hearing be continued to September 2 to give staff an opportunity to readvertise the hearing. Mayor Kirchhoff opened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing be continued to September 2 per staff's request. 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. Continued public hearing - Certificate of Appropriateness to allow construction of a garage with office/auest house on the second floor on Lot 1 and the north 20 feet of Lot 2. Block 6. Fairview Addition. with deviations from Section 18.50.050.F .1.. Bozeman Municipal Code. to allow the aaraae/ office/auest house to encroach 9 feet into the required 10-foot rear yard setback: from Section 18.50.060.C.1.. to allow the garage/office/auest house to encroach 13 feet into the reauired 15-foot corner side yard setback: and from Section 18.50.050.G.. to allow the aaraae/office/auest house to OCCUPY more than 25 percent of the rear yard - Mark Hodason. 501 South Tracy Avenue (Z-03153) This was the time and place set for the continued public hearing on the Certificate of Appropriateness requested by Mark Hodgson under Application No. Z-03153 to allow the construction of a garage with office/guest house on the second floor on Lot 1 and the north 20 feet of Lot 2, Block 6, Fairview Addition, with deviations from Section 18.50.050. F .1. of the Bozeman Municipal Code, to allow the garage/office/guest house to encroach 9 feet into the required 10-foot rear yard setback; from Section 18.50.060.C.1., to allow the garage/office/guest house to encroach 13 feet into the required 15-foot corner side yard setback; and from Section 18.50.050.G., to allow the garage/office/guest house to occupy more than 25 percent of the rear yard. The subject property is located at 501 South Tracy Avenue. Mayor Kirchhoff reopened the continued public hearing. Included in the Commissioners' packets were a revised staff report, including previously submitted written testimony as well as recently received written comment, and letters of support from Gary Tschache, 433 South Black Avenue, and Herb and Julia Kern, 100 Billion Place. Distributed just prior to the meeting were a letter of support from Buck Taylor, 704 South Willson Avenue, and an e-mail in opposition from Rich Noonan, 115 West Cleveland Street. 08-18-03 - -. - ....... - - . -..-----.----......---- . ....--..-".-..--------...- __._n.___.... - 8 - Historic Preservation Planner Hillary Hertler presented the staff report. She stated the subject property is located at the edge of the "R-2" zoning district and is adjacent to an "R-3a" zoning district. She reviewed the requested deviations to allow the garage/office/guest house to be located only one foot from the rear lot line and two feet from the corner side yard lot line, and to allow the garage/office/guest house to occupy more than 25 percent of the rear yard. She indicated that the new structure is to be five feet taller and two feet wider than the existing building and will cover a little over 30 percent of the rear yard. She then stated the main function of the new structure is to serve as a garage and an office, occasionally housing relatives who come to visit. The Historic Preservation Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings and forwarded a recommendation for approval, subject to eight conditions. She noted that a review of the immediate neighborhood revealed a number of accessory structures located within setbacks and exceeding the percentage of rear yard coverage allowed under the code. She stated that approximately 60 percent of the lots in this immediate area are undersized under today's zone code; and the average rear lot coverage is 35 percent. Planner Hertler noted that a number of concerns have been raised regarding this project, and she and Planning Director Epple have met with the homeowner and his architect as well as the neighbors to the south and their attorney. She noted that a number of calls and letters, both in support of and in opposition to this application, have been received. Responding to Commissioner Brown, Historic Preservation Planner Hertler confirmed that the applicant has no intent to rent this unit. She indicated that if the property is sold, the new owner would be required to submit an application to allow for rental of what is being constructed as a guest house without full kitchen facilities. Mr. Mark Hodgson, applicant, stated he purchased this home in an historic area because he appreciates the architecture and history of the area; and he has designed improvements to the property in a manner that preserves its qualities. He noted the existing garage is not in keeping with the architecture of the house and is in poor condition. He recognized there has been some concern about the proposal to include an "office" in the new garage, and explained that as a physician with a young family, he needs a quiet place to go read or study. He stated that both his parents and his wife's parents reside out of state and want to be involved in their grandchildren's lives; and the guest house would allow them to come and visit, yet have a "less chaotic" space outside the house. He stressed that this guest house is strictly for their visitors and is not to be rented out. Mr. Hodgson stated the new garage is to be in keeping architecturally with the home and the neighborhood, and he feels it will contribute to the overall good of the area. He then drew the Commissioners' attention to an alternate site plan that would allow for construction of the garage in a location that would meet code and yet would have a negative impact on the area, noting he feels the requested deviations allow for a more appropriate development. Mr. Christopher Williams, attorney representing the neighbors to the south, encouraged the Commissioners to listen carefully to the experts who have concerns about this development and to deny the application. Mr. Dick Prugh, architect representing the neighbors to the south, raised concerns about the process followed to date and safety issues. He reviewed the negative impacts that the planning process has had on others in the general area, and the issues and problems that can result from incomplete or inaccurate submittals. He stated it is difficult for people to track projects that include multiple applications and asked that the applicant be required to submit a site plan that accurately depicts both the existing conditions and the new/proposed improvements, with accurate dimensions. He then indicated that the safety concerns revolve around the proposed location of the garage, which he believes is located in the vision triangle and, thus, creates difficulty for those trying to access the public street. He concluded by cautioning that, without a complete plan for this property, it is difficult for the Planning Office to properly do its work. Mr. David Scott, 423 South Tracy Avenue, stated he lives across the street from the subject property. He is an advocate of individual property rights and the ability for one to construct the type of building that fits his or her needs. He noted that he submitted an application for removal of a failing carriage house in 1998 that was complete, factual and transparent; however, the Commission concurred in staff's 08-18-03 - - --.----------------------- ..--.---- --..-.-----.-.. - - - ...-----....-... .-....- --- ---... .. ..-.-.. -..-.....-- .. - 9 - recommendation for denial of the application, citing the historic nature of the carriage house. Instead, he was required to lift the building and dig under it to create an adequate foundation to support the old carriage house and then construct the desired second floor, which has now been rented. Mr. Scott turned his attention to the application before the Commission, stating that this proposal is incomplete and inaccurate, and has been subject to several revisions and updates. He concluded by indicating he does not wish to be treated different from this applicant, and questioned how the request can be adequately evaluated if the facts have not been fully researched. Ms. Denise Albrecht, 505 South Tracy Avenue, noted that included in the Commissioners' packets were copies of a petition signed by many neighbors in opposition to this application along with several letters of opposition. She stated the neighbors feel this application represents development that is too big and too much for this lot. The house has already been expanded to a four-bedroom home, and this large building creates too much density on the approximately 50-foot by 150-foot lot. She suggested that the residents in this area should exercise common courtesy when considering additional development of their lots. Mr. Eugene Smith, 520 South Willson Avenue, expressed his opposition, stating the new building is too big and is to be constructed for a non-traditional and inappropriate use. He recognized that other inappropriate development has been allowed to occur in the area and asked the Commission to put a stop to such development rather than approving it based on precedence. Mr. Fred Maxted, 505 South Tracy Avenue, distributed a map of the immediate area, noting the green dots identify those opposed to this project, which is virtually the entire neighborhood. He indicated this application does not meet the intent of the zone code, since it involves tearing down a structure rather than rehabilitating it. Furthermore, he finds the garage, as proposed, encroaches into the public right-of- way, and adequate parking is not being provided. He concluded by noting the project is not in compliance with the zone code, the neighborhood is against it, and experts are opposed; and asked that the Commission deny the application. Mrs. Rachel Wallace, 401 South Willson Avenue, stated she is concerned about this project. She noted that this type of application results in the loss of diversity in older neighborhoods. She indicated that losing smaller houses, encroaching on neighbors with viewsheds over back yards, and removing trees for structures are destroying the ambiance of the neighborhood. She stressed the importance of considering the larger neighborhood and the long-term effect that this project will have. She indicated she has no objection to the style of the proposed development, just the resulting change of a neighborhood. She concluded by stating the neighborhood has been there for 100 years, and those who live in it deserve to maintain their style and way of life. Mr. Dick Pence, designer and builder of the project, noted that the main theme of opposition seems to be objection to change. He stated that the existing garage, with its plastic doors and shallow roof pitch, is not in keeping with the house, and he has designed a garage with a slightly higher roof and steeper pitch while keeping the building as low as possible. He recognized that the improvements to this property are being done in two phases, since the owner was uncertain if he could absorb the costs of all the desired improvements. Historic Preservation Planner Hertler stated that several projects go through revisions, often in response to errors that have been identified; and some errors slip through undetected. She then noted other buildings in the area are located within the vision triangle, and staff supported the location of the garage based on that precedence. Planning Director Epple stated that staff will confirm whether a vision triangle issue exists, and cautioned that since a deviation for possible encroachment was not identified or advertised, it cannot be considered at this time. He indicated that staff will carefully review the issue, and the building will either need to be moved so it lies outside the vision triangle or a new deviation will need to be requested. Mr. Mark Hodgson stated that if he had known the entire project could be done, he would have submitted only one application rather than two. He then indicated that he relied upon the experts throughout the process, including his representative and the Historic Preservation Planner. He concluded by stating that he received phone calls from at least four individuals in the area expressing support for the project and noted that letters should have been received from those people. 08-18-03 ------- .. .-..--.---.- ----..------..--. ..-.. -..-.-.--..-.-.--".-- - 1 0 - Responding to Mayor Kirchhoff, Mr. Hodgson stated that the parking spaces south ofthe garage are not currently being used. When this project is done, however, he plans to install a gate in the fence that will allow access to a gravel parking area. He then indicated that he had not intended to have the garage encroach into the vision triangle and is willing to ensure that it is outside that triangle. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Hietala stated he feels this project fits with the neighborhood, with the new garage being on a similar footprint and not much taller than the existing garage. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Certificate of Appropriateness requested by Mark Hodgson under Application No. Z-03153 to allow the construction of a garage with office/guest house on the second floor on Lot 1 and the north 20 feet of Lot 2, Block 6, Fairview Addition, with deviations from Section 18.50.050. F .1. of the Bozeman Municipal Code, to allow the garage/office/guest house to encroach 9 feet into the required 10-foot rear yard setback; from Section 18.50.060.C.1., to allow the garage/office/guest house to encroach 13 feet into the required 15-foot corner side yard setback; and from Section 18.50.050.G., to allow the garage/office/guest house to occupy more than 25 percent of the rear yard be approved subject to the following conditions: 1. Proposed garage/office/guesthouse shall be constructed as per revised plans submitted on July 22, 2003; 2. The proposed structure shall not have a stove, dishwasher, full fridge or full/double sink; 3. Office/guesthouse shall not be used as a rental property nor used for a home occupation; 4. New sewer line must be run from main line to proposed garage/office/guest house; 5. Sewer connections to the subject property shall be completed by the City, with related costs borne by the property owner. Contact the Water and Sewer Department at 582-3200 for application for service and additional information; 6. For all new windows, non-reflective exterior window cladding shall be used; 7. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void; 8. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness 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 Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code; 9. If determined necessary, the garage/office/guesthouse shall be moved so that it is located outside the vision triangle as established in the Bozeman Municipal Code. 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. 9:13 to 9:20 p.m. Mayor Kirchhoff declared a break from 9:13 p.m. to 9:20 p.m., in accordance with Commission policy. 08-18-03 ---...-..- - 11 - Public hearina - preliminary plat for The Village Downtown Planned Unit Development maior subdivision - The Villaae Investment GrouP. Inc. for BRC Investments - subdivide:!:8 acres described as a portion of Lot 1. Amended Plat C-23-A10. into 32 residential townhouse lots. allevs. trail and open space areas: with a reauest to allow concurrent construction of buildings and subdivision infrastructure: and with relaxations from Section 16.08.050.L.6.d.ii.. Bozeman Municipal Code. to allow intersection level of service less than "0": from Section 16.14.030.F.. to allow lots to be an averaae depth areater than 3 times the averaae width: and from Section 16.14.030.H.. to allow public street frontaae on 4 lots to be reduced to 0 feet (east of North Broadwav Avenue at East Mendenhall Street extended) (P-03021 ) This was the time and place set for the public hearing on the preliminary plat for The Village Downtown Planned Unit Development major subdivision, as requested by The Village Investment Group, Inc., for BRC Investments under Application No. P-03021, to subdivide i8 acres described as a portion of Lot 1, Amended Plat C-23-A 10, into 32 residential townhouse lots, alleys, trail and open space areas; with concurrent construction of buildings and subdivision infrastructure; and with relaxations from Section 16.08.050.L.6.d.ii. of the Bozeman Municipal Code, to allow an intersection level of service less than "0"; from Section 16.14.030.F., to allow lots to be an average depth greater than three times the average width; and from Section 16.14.030.H., to allow public street frontage on four lots to be reduced to zero feet. The subject property is located east of North Broadway Avenue at East Mendenhall Street extended. Mayor Kirchhoff opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She reminded the Commission that a minor subdivision for the subject area was previously approved; and this application involves development of the first two lots within that subdivision. She indicated that the applicant is seeking concurrent construction of two model townhouses and the infrastructure for the subdivision. In addition, the applicant has requested relaxation from three subdivision regulations, to allow this project to move forward even though the intersection of North Broadway Avenue and East Main Street operates at less than a Level of Service "0"; to allow lots to be an average depth greater than three times the average width; and to allow the four townhouse lots closest to North Broadway Avenue to have no street frontage. She stated that the lot size for those townhouses is the same as the footprint of the structure, with garage access from the alley and pedestrian access to the street across common open space. The Contract Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She noted that the Planning Board conducted its review on August 5 and concurred in staff's recommendation for approval, subject to 26 conditions. She noted that the project engineer has submitted a revised Condition No. 26, which he feels more adequately addresses the intersection issue. She noted that the intersection of North Broadway Avenue and East Main Street currently operates at a Level of Service "F" for left turns from Broadway onto Main Street at certain times of the day. Since this is a three-legged intersection, however, the intersection will not meet warrants for the installation of a traffic signal; and other options such as a pork chop to restrict maneuvers do not seem to be particularly viable. Responding to Commissioner Brown, the Contract Planner stated the secondary access to Front Street is addressed under the minor subdivision, and that access will be constructed to meet standards. She then assured the Commissioner that all lots shown on this plat are located outside the floodplain. Mr. Bill Muhlenfeld, applicant, voiced agreement with the 26 conditions proposed by staff. He then noted that this project has been supported by City staff as well as the Northeast Neighborhood Association. He reviewed several elements of the Bozeman 2020 Community Plan, identifying how this subdivision and proposed development meet those elements. He noted that this development will provide housing close to the core of the community, and the buildings are designed as a continuation of the downtown. Ms. Ileana Indreland, applicant, stated that, as a person who grew up in the Bozeman/Livingston area, she had a preconceived idea of this as an industrial area. She thanked the Northeast Neighborhood Association and Mayor Kirchhoff for making her see the property with fresh eyes and for the collaborative effort that has resulted in this project. No one was present to speak in opposition to the proposed subdivision. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 08-18-03 -----.--- -..--".-.-- --.----.. -.---. --.--.---.- .-------.-. -.... - 12 - It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the preliminary plat for The Village Downtown Planned Unit Development major subdivision, as requested by The Village Investment Group, Inc., for BRC Investments under Application No. P-03021, to subdivide ::t8 acres described as a portion of Lot 1, Amended Plat C-23-A 10, into 32 residential townhouse lots, alleys, trail and open space areas; with concurrent construction of buildings and subdivision infrastructure; and with relaxations from Section 16.08.050.L.6.d.ii. of the Bozeman Municipal Code, to allow an intersection level of service less than "0"; from Section 16.14.030.F., to allow lots to be an average depth greater than three times the average width; and from Section 16.14.030.H., to allow public street frontage on four lots to be reduced to zero feet, be approved subject to the following conditions: 1. The final plat for the minor subdivision approved by the City Commission on August 5, 2002, shall be recorded prior to building permit applications for any more than two townhouses and prior to application for final plat approval of this major subdivision. 2. Applicant shall document satisfaction of park dedication requirements in accordance with Section 16.14.100 of the Bozeman Subdivision Regulations. 0.96 acres of park dedication or cash-in-lieu is required for 32 residential units. A minimum of a 25- foot-wide linear park along the trail could be dedicated. For any dedicated parkland, a final park plan shall be reviewed and approved by the City Commission prior to installation of any park improvements. 3. Applicant shall be responsible for installing sod, boulevard trees, and an irrigation system in the public right-of-way boulevard strips and medians along all external subdivision streets and adjacent to subdivision parks or other open space areas pursuant to Section 16.14.110 of the Bozeman Subdivision Regulations. 4. All landscaped public rights-of-way and dedicated parkland shall have underground irrigation systems installed in compliance with City standards and specifications. The applicant shall provide irrigation system as-builts in accordance with Section 16.08.090. 5. A minimum five-foot pedestrian trail (Class II trail) shall be installed along the southeast property line pursuant to Section 16.14.120. Applicant shall meander the trail to be more natural in appearance. To the extent possible, trails shall meet minimum ADA (Americans with Disabilities Act) standards. 6. Pedestrian pathways shall be provided as connections from the cul-de-sac and the alleys to the trail. 7. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of County-declared noxious weeds. A signed copy of this Understanding must be provided to the Planning Department. 8. Subdivision lighting shall be incorporated into the subdivision by one of the following: a) the subdivider shall install street and pathway lighting throughout the subdivision pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. Lighting shall be maintained by means of the property owners' association through protective covenants; or b) the subdivider shall participate in a Street Improvement Lighting District (SILO) for the provision of street and pathway lighting pursuant to Section 16.14.230 ofthe Bozeman Subdivision Regulations. All subdivision lighting provided shall conform to Section 16.14.230 of the Bozeman Subdivision Regulations. A lighting plan including isofootcandle plots and description of the proposed equipment, with details and specifications (cut sheets), bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning Department. The information will enable the proper lighting to be installed and no overlighting of the residential neighborhood. The applicant is encouraged to vary light pole heights to offer a more pedestrian scale. 9. The 20-foot alleys shall have a minimum of 16 feet asphalt with the remaining area all-weather gravel. The entire 20 feet shall be maintained and cleared of snow. 08-18-03 __ n.__.__._____ - 13 - 10. No parking shall be allowed within the alleys or on the driveways/garage approaches. The applicant shall install signs noting "Fire Lane, No Parking" along both sides of the alleys. The covenants shall prohibit parking in the driveways/garage approaches. 11. Applicant shall provide a soils report, along with building plans, to the Building Inspection Division, recommending types offoundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 12. If concurrent construction is approved, the applicant shall submit a concurrent construction plan that addresses all aspects of Section 16.22.030. Concurrent construction shall be limited to the single cluster of two townhouses on the west side. 13. A declaration of covenants for this subdivision must be included and recorded with the final plat which specifically includes the provisions from Section 16.34.030 as well as provisions for property owners' association maintenance of all applicable open space, pedestrian facilities and trail, boulevards and medians of public rights- of-way, alleys, and stormwater facilities. A draft of these covenants must be submitted for review and approval by the Planning Department prior to filing and recordation with the Gallatin County Clerk and Recorder. 14. Executed waivers of right to protest creation of SIDs for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. 15. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). 16. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Y:z-inch floppy disk; and five (5) paper prints. 17. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 18. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements 19. The routing and collection of the runoff for the alleys must be addressed in the infrastructure plans. 20. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless approved for concurrent construction by the City Commission. If approved for concurrent construction, all parts of Section 16.20.030 shall be complied with. 08-18-03 -..--..--.....--- . .____m _._ ____ - -- - 14 - 21. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 22. The alley approaches shall be constructed in accordance with the City's standard approach (i.e., concreteapron, sidewalk section and drop curb) and shown as such on the plans. 23. Floodplain: a) A Floodplain Development Permit must be obtained from the City Engineer prior to any construction activity within the delineated 100 year floodplain. b) The 100 year floodplain boundary and flood elevations must be depicted on the final plat. c) All buildings within the floodplain must be flood proofed to at least 2 feet above the 100 year flood elevation. Elevation certificates must be provided for each building following completion of construction. 24. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 25. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 26. The property owner shall provide and file with the Gallatin County Clerk and Recorder's office executed waivers of right to protest the creation of SIDs for the following: a) Any future improvements to the intersection of North Broadway Avenue and East Main Street. The documents filed shall specify that, in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 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. 08-18-03 ----..-- ,...--.---- - 15 - Public hearina - Conditional Use Permit for The Villaae Downtown Planned Unit Development - The Village Investment Group. Inc. for BRC Investments - allow construction of 32 residential townhouse units on :!:8 acres described as a portion of Lot 1. Amended Plat C-23-A10. with the followina relaxations from reauirements of the Bozeman Municipal Code: from Section 18.26.020. to allow permitted uses to include townhouse clusters not to exceed seven units: from Section 18.26.030. to allow lot areas to be reduced from 5.000 sauare feet to 4.680 sauare feet and lot widths to be reduced from 50 feet to 36 feet: from Section 18.26.040. to allow lot coveraae to be increased from 40 percent to 55 percent: from Section 18.26.050. to allow the front vard setback to be reduced to 15 feet. the rear yard setback to be reduced to 10 feet. and the side yard setback to be reduced to o feet: from Section 18.26.060. to allow the maximum building heiaht to be increased from 38 feet to 40 feet: from 18.50.060.C.. to allow the corner side yard to be provided by common open space: and from Section 18.50.1 OO.A.. to allow the public street frontaae on 4 lots to be reduced to 0 feet (east of North Broadway Avenue at East Mendenhall Street extended) (Z-03134) This was the time and place set for the public hearing on the Conditional Use Permit for The Village Downtown Planned Unit Development, as requested by The Village Investment Group, Inc., for BRC Investments under Application No. Z-03134, to allow construction of 32 residential townhouse units on:t8 acres described as a portion of Lot 1, Amended Plat C-23-A 10, with the following relaxations from requirements of the Bozeman Municipal Code: from Section 18.26.020, to allow permitted uses to include townhouse clusters not to exceed seven units; from Section 18.26.030, to allow lot areas to be reduced from 5,000 square feet to 4,680 square feet and lot widths to be reduced from 50 feet to 36 feet; from Section 18.26.040, to allow lot coverage to be increased from 40 percent to 55 percent; from Section 18.26.050, to allow the front yard setback to be reduced to"15 feet, the rear yard setback to be reduced to 1 0 feet, and the side yard setback to be reduced to 0 feet; from Section 18.26.060, to allow the maximum building height to be increased from 38 feet to 40 feet; from 18.50.060.C., to allow the corner side yard to be provided by common open space; and from Section 18.50.1 OO.A., to allow the public street frontage on four lots to be reduced to zero feet. The subject property is located east of North Broadway Avenue at East Mendenhall Street extended. Mayor Kirchhoff opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She stated that under this application, 32 townhouse units are to be constructed on the property approved for subdivision under the previous agenda item. She noted that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She indicated that the applicant is seeking seven relaxations from the code for this development, to allow clusters of seven townhouse units rather than the five-unit maximum; to allow lot areas to be reduced from 5,000 square feet to 4,680 square feet and lot widths to be reduced from 50 feet to 36 feet, which is the width of the townhouse units; to allow lot coverage to be increased from 40 percent to 55 percent; to allow the front yard setback to be reduced to 15 feet, the rear yard setback to be reduced to 10 feet, and the side yard setback to be reduced to 0 feet; to allow the maximum building height to be increased from 38 feet to 40 feet to accommodate the chimney features; to allow the corner side yard to be provided by common open space; and to allow for no pUblic street frontage on the four lots closest to North Broadway Avenue. The Contract Planner stated that the Development Review Committee and the Design Review Board have reviewed this application and concur in staff's recommendation for approval, subject to twelve conditions. Mr. Bill Muhlenfeld, applicant, indicated a willingness to respond to questions. He then invited the Commissioners to visit their showroom at the 777 Building, which includes a 12-foot by 8-foot model of this development. He noted they hope to begin work on the development this fall. No one spoke in opposition to the proposed development. Commissioner Youngman stated she has enjoyed watching this project progress and be responsive to the neighborhood and the site. Mayor Kirchhoff stated it is nice to see this site, close to the core of the community, being developed with residential infill. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 08-18-03 .... _ ...mo__________ -.--.------------- ----.- ..--...,,- ..-...--...--. -.. ----.... -.... ....... ..- - 16 - It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Conditional Use Permit for The Village Downtown Planned Unit Development, as requested by The Village Investment Group, Inc., for BRC Investments under Application No. Z-03134, to allow construction of 32 residential townhouse units on :f:8 acres described as a portion of Lot 1, Amended Plat C-23-A 10, with the following relaxations from requirements of the Bozeman Municipal Code: from Section 18.26.020, to allow permitted uses to include townhouse clusters not to exceed seven units; from Section 18.26.030, to allow lot areas to be reduced from 5,000 square feet to 4,680 square feet and lot widths to be reduced from 50 feet to 36 feet; from Section 18.26.040, to allow lot coverage to be increased from 40 percent to 55 percent; from Section 18.26.050, to allow the front yard setback to be reduced to 15 feet, the rear yard setback to be reduced to 10 feet, and the side yard setback to be reduced to 0 feet; from Section 18.26.060, to allow the maximum building height to be increased from 38 feet to 40 feet; from 18.50.060.C., to allow the corner side yard to be provided by common open space; and from Section 18.50.1 OO.A., to allow the public street frontage on four lots to be reduced to zero feet, be approved subject to the following conditions: 1. A detailed landscape plan in accordance with Chapter 18.49 "Landscaping" shall be provided with the final site plan for review and approval by the Planning Office. All common landscaped areas, including trees, shall have an automatic irrigation system. 2. All boulevard trees must be located outside the street vision triangle. Applicant shall obtain the necessary boulevard tree permits from the Forestry Division. 3. A materials sample board and color palette shall be provided with the final site plan for review and approval by the Planning Office. 4. The covenants shall describe any fencing (backyard walls, privacy fences, etc.) allowed in the subdivision, including type, height, color, extent, and maintenance. 5. The covenants under Article V, Architectural Control, shall note that the Board of Directors or Architectural Committee approval letter must be attached to all City of Bozeman building permit applications, and shall note that construction may not commence without the approval of the City of Bozeman Building Inspection Division and necessary permits obtained and fees collected. 6. In addition to conformance with Section 18.50.035 of the Bozeman Municipal Code, all outdoor lighting, residential, commercial or otherwise, shall be free of glare, and shall be fully shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully shielded lights. Covenants of the development shall reflect these restrictions. For purposes of this paragraph, the following definitions shall apply: a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert; b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces; c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; and d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. 7. No rooftop or ground-mounted mechanical equipment shall be visible from adjacent properties and public streets. All mechanical equipment shall be completely screened from view and depicted as such on the final site plan. Any proposed rooftop mechanical equipment shall be incorporated into the roof form as an 08-18-03 . n.._..._.._..__ .-------.---..-.....-.-..-------.-.... -. --.-..-...- - 17 - architectural feature that incorporates similar materials and elements as that of the building and all ground or wall-mounted equipment shall be completely screened from view, prior to temporary occupancy being issued for the building. In order to screen wall and/or ground-mounted mechanical equipment, the Planning Office will accept the installation of a wall constructed of materials matching the building or the installation of evergreen shrubs planted at a height to obscure the equipment. 8. Any proposed subdivision signs (identification signs) must obtain sign permit approval through the Planning Department and are subject to Chapter 18.65. 9. The applicant shall be allowed one (1) temporary sign during construction. This sign shall be a maximum of thirty-two square feet and contain all necessary and desired information (i.e. names of developer, real estate agency, contractor, financial institution, etc.). The applicant shall obtain the necessary sign permit through the Planning Department. 10. The applicant must submit seven (7) copies a final site plan within six months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 11. 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. 12. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 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 comment No one submitted any comment under this agenda item. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Paul and Jody Sanford, 413 North Wallace Avenue, dated August 5,2003, requesting that a resolution be adopted establishing truck routes and then posting and enforcing no through truck traffic on those streets not designated as truck routes. (2) Memo from the Planning staff dated August 14, forwarding responses to questions raised by Commissioners regarding the unified development ordinance. Planning Director Epple asked the Commissioners to contact staff if the memo does not address all of their questions. 08-18-03 ------- - ------.------- .. .-.-------- - 18 - (3) August 15 update of the list of planning projects to be considered at upcoming Commission meetings. (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, August 19, at the Courthouse. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 19, at the Professional Building. (6) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:10p.m. on Tuesday, August 19, in the Commission Room. (7) Information sheet on the Clean Cities new "yellow bus" tour, scheduled to stop in Bozeman on Tuesday, August 26. City Manager Johnson noted that this concept bus is one of the Clean Cities projects that he has been working on for several years, and encouraged the Commissioners to view it. (8) City Manager Johnson distributed a memo from DES Coordinator Jason Shrauger, dated August 18, regarding the impact that fires are having on the electricity distribution system in Montana. He noted the Hobble fire near Big Timber has destroyed one of the redundancies in the distribution system to Bozeman, so we are now being served from the west, in an area covered 'by fires. He cautioned that Bozeman could be without power for up to several days if the fires destroy the structures carrying the power lines, and disaster plans are being updated to address that issue. Responding to questions from Commissioner Youngman, Director of Public Service Arkell stated the water treatment plant has a good generator. There is, however, no generator back-up at the wastewater treatment plant; and if the power supply to Bozeman is interrupted, it may be necessary to store raw sewage in the lagoon. She then noted Mr. Jim Coles, NorthWestern Energy, has indicated that rolling blackouts may be used to provide intermittent power to customers. (9) Planning Director Andy Epple reminded the Commission ofthe bus tour scheduled after next week's Commission meeting and stated that most of the City Planning Board members will participate in that tour. (10) Staff Attorney Cooper noted that one of the items on next week's agenda is an update on the library site, at which time he will submit additional information on the CALA petition and process. (11 ) Director of Public Service Debbie Arkell stated that, ifthe Forest Service lifts the restrictions on access to its lands, the City will do the same but will not do ads announcing that they have been lifted. She noted that, since the lands are so intertwined, it is extremely difficult to close'lands in one ownership while leaving the other one's lands open. Adiournment - 9:58 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. 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. ATTEST: ST~;:(-~I~, ~ayor ~~si~ Clerk of the Commission 08-18-03 ___________n_