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HomeMy WebLinkAbout2003-07-07 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 7, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 7,2003, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 18. 2000. and April 28. Mav 12. May 19. May 27. June 10. June 23. June 27 and June 30. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of April 28, May 12, June 23, June 27 and June 30, 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 May 19, May 27 and June 10, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Approval of final plat for Harvest Creek Subdivision. Phase VII - subdivide 10.0031 acres into 43 lots for residential development (north of Durston Road and west of North 27th Avenue) (P-03017) Ratify City Manaaer's signature - Community Development Block Grant Contract No. 03-51-0051 - $6.500 arant for Gallatin Development Corporation Small Business Development Center Authorize City Managerto sian Amendment No.3 to Professional Services Aareement for Wastewater Treatment Plant Modifications Proiect - Morrison-Maierle.lnc.. Bozeman. Montana Building Inspection Division report for June 2003 Claims 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. 07-07-03 __u_______...____._..__. _ . -----.--..--... ----------..- .-.------...------.------ - 2 - Discussion - possible aCQuisition of portion of Mandeville farm as solid waste transfer station site Included in the Commissioners' packets were a memo from Administrative Services Director Miral Gamradt, dated July 1, 2003, and a map of the subject site. Distributed just prior to the meeting was an e- mail message from Alice Tor, 1005 Durston Road. City Manager Johnson noted that earlier this month the City was unable to complete the transaction for acquisition of the Griffin Drive/Manley Road site. As a result, he has entered into a buy/sell agreement with John Mandeville and Craig Mandeville for purchase of their property, which lies between North 19th Avenue and North 7th Avenue, contingent upon Commission ratification of the agreement at this meeting. Failure to ratify the agreement at this meeting will result in its expiration unless both parties are willing to extend the time on the agreement. Director of Public Service Debbie Arkell gave a presentation on the site similar to the presentations made for all of the other top sites for a solid waste transfer station. She noted that since April 2000, the Commission has been looking at various options for the disposal of solid waste, including opening of a new cell at the landfill, opening a new landfill, constructing a transfer station and constructing a compost facility. After study of the issues, the Commission directed staff to proceed with the transfer station option; and a consultant was retained to assist in siting of that facility. At the consultant's suggestion, a citizens task force was created; and they considered the various sites that were nominated. This subject property was not considered in the original ranking process because it was not on the market and was not nominated by any member of the public. The Director of Public Service stated that each of the sites previously considered was rated and ranked on thirty different characteristics, falling into the general categories of site characteristics, shape of the land, topography, ownership, cost, soil conditions, site utilities, land use, zoning, adjacent land uses, population density within one-half mile, environmental concerns, visual aesthetics, impacts on wildlife, cultural resources, odor, transportation, access, grade on site, traffic safety, and relationship to the waste centroid, which waS determined to be the MSU campus. She indicated that she was able to get only one of the eleven task force members to visit the site and score it. That scoring ranked this Mandeville property as the top site, with 870 points, followed by the Griffin Drive/Manley Road site with 778 points, the Love Lane site with 759 points, and the City's landfill with 610 points. The Director of Public Service gave a brief overview of a transfer station, noting it is a large building that customers drive into and dump their trash. She stressed that the City is strongly committed to recycling and, if this site is purchased, would study whether to move the composting, glass recycling and cardboard bailing to the transfer station site, and whether a hazardous wastes collection facility should be added. She noted that the white goods collection and storage will remain at the landfill. The Director of Public Service noted there are many common concerns expressed about the siting of a transfer station, and many of them arose as other sites were considered. One issue is traffic, particularly since commercial haulers, commercial vehicles, and private citizens use the facility. She stated the projections reveal in approximately twenty years, there could be as many as 80 vehicles per hour entering the facility and up to 20 transport trucks entering and leaving the facility every day. This site already has access from Red Wing Drive; however, it appears that acquiring an access easement from the Department of State Lands and constructing Flora Lane would be preferable. Odors are another issue that typically arise, although the consultant has assured staff that those odors are controllable and should not extend more than 200 feet from the building. She stressed that the orientation and design of the building are extremely important, particularly in a highly visible area; and every effort will be made to design it in a way to blend with the area. Litter on the site can be controlled through requiring that loads coming in be covered, and the doors can be closed when the wind begins to create problems. The road to the site and the area around the building will be paved, reducing potential dust problems. With municipal sewer on the site, domestic water and water used for cleaning the site will be transported to the Wastewater Treatment Plant. The stormwater will be accommodated on site under federal regulations. Mr. Joe Frost, 1816 South Rouse Avenue, asked if household hazardous wastes will be accepted year round at the transfer station rather than once a year. He then stressed the importance of the City following its own regulations, meeting the requirements of the design objectives plan for the entryway corridor and providing adequate landscaping. He concluded by expressing his support for the proposed site. 07-07-03 -----------.,.- _____u_._.__._ - 3 - Mr. Harry McNeal, 27655 Frontage Road, stated he lives across the road from the proposed site. It is his understanding the EPA recommends that transfer stations be located away from residential areas, and this is a residential area. He suggested that the transfer station will actually be the city dump; and its siting has been proposed and rejected in other locations because people are worried about air quality, noise levels, water quality and riparian areas. He stated the residents along the east side of Frontage Road have those same concerns, and encouraged the Commission to designate the current farmland as residential, rather than commercial or industrial, if it can no longer remain as farmland. Mr. Kelly Wood, 101 Gibson Drive, stated that, rather than a "Not In My Back Yard (NIMBY)" position, his is a "Not In My Front Room" position. He encouraged the Commissioners to take an hour and drive the interstate/frontage road circuit, visualizing themselves as tourists or customers of the area businesses and asking themselves if this is the image they want to portray. He also encouraged them to fast forward twenty years and consider the epicenter of the population base, determining if is appropriate to locate this type of facility in a neighborhood. He expressed concern that this site is close to the most riparian area around Bozeman, noting that an environmental assessment is absolutely essential. He is dismayed that due diligence has not yet been done to ensure this site is appropriate, and that any prior action regarding this matter has not been done in the sunshine. He indicated that he relocated here from Bellevue, where he lived five minutes from a transfer station; and he found that many of the concerns identified by the Director of Public Service are very real. He concluded by cautioning that locating a transfer station on this site could have unanticipated consequences, particularly on the fragile eco system. Mrs. Susan Taylor Hance, 1640 Reeves Road East, stated that she shares the concerns voiced by others. In addition, she questioned why the City is considering the purchase of 85 acres when it has been determined only 7 acres are needed for a transfer station site, and what would be done with the remainder of the parcel. She expressed concern that the City purchased the Love Lane site without first determining if it would be appropriate for a transfer station, and it appears the City is considering spending $3 million more without first doing due diligence to determine its appropriateness. Also, she is concerned that the City doesn't always keep its promises. She cited the fact that when she and her mother dedicated land for the North 19th Avenue interchange, it was with the promise that the interchange would be heavily landscaped. Despite the fact that it has been open for years, the interchange is still not landscaped, although she has even recently been assured that landscaping will be done. Another example is the promise that property would be restored to its original condition when the water line for the solvent site plume area was installed, and that has not yet been done although the line has been in for a year. Mrs. Laurie Woody, 25789 Frontage Road, expressed concern that the property owners in the area were not notified until they read it in the paper less than a week ago, immediately prior to the July 4th weekend, and thus have been unable to obtain legal representation on such short notice. She noted this is a main entrance to the community, particularly from the airport, and she fears the large 60-foot-high building is excessive for the area. She's also concerned about the environmental impacts on the area, particularly given its proximity to the East Gallatin River, Mandeville Creek and the Cherry River refuge area. She stated that the beeping of backing trucks and diesel fumes will impact area residents, and litter will also become an issue. She noted that this facility is to employ only four people and suggested that commercial development would be more appropriate and provide a much larger employment base. She concluded by expressing her anger over this proposal. Mrs. Claudia Foster, 626 Old Farm Road, noted that she had previously stated her opposition of the Griffin Drive/Manley Road site; and she finds the proposed new location is even closer to her home. She finds the short notification unacceptable, stating that a reasonable amount of time should be given for review of the site and impacts on the surrounding area and residents. She stated that to annex this property and rezone it for industrial use to allow the transfer station is not a benefit to the community. She encouraged the City to work with the County in finding an acceptable shared site. She noted that when the Beautification Advisory Board was created in 1989, its charge was to keep the entryways free of unsightly clutter and to make them look nice. She reminded the Commission that Frontage Road and North 7th Avenue are the main artery from the airport, and locating the transfer station in the area does not follow the City's policies. Mr. Steve Barrett, attorney representing Delaney and Company, stated that he filed suit today alleging irregularities in the proposed transaction; and a copy of that complaint has been submitted to the City Attorney's office. He urged the Commissioners to not take action on this issue at this meeting. Dr. Ron Woody, 27589 Frontage Road, expressed concern that it appears the City administration is trying to get this transaction approved without public comment; and he plans to have legal representation. 07-07-03 ....--.-..-..-..... - -..- --.---...---.--.. ._..__.__._____.__n . _ __..... ._________..._._.____.________ - 4 - He is concerned about the economic factors and concurs with the other concerns that have been previously identified. He encouraged the City to work with the County in addressing solid waste disposal issues, finding a location that will not negatively impact residents. He concluded by noting this is not an industrial community and stating that it is inappropriate to purchase this high-priced land. Mrs. Anita Saunders, 27477 Frontage Road, expressed her concurrence with the previous comments and asked the Commissioners to reconsider the plan. Mrs. Joan Peterson, 27383 Frontage Road, characterized Bozeman as an incredible natural treasure in Montana, and placing a dump at the gates of Bozeman will affect the quality of life that its residents cherish. She noted that the Cherry Creek refuge is the last vestage of unspoiled habitat, providing a feeding and breeding ground for a wide variety of birds. She is concerned about the adverse effects of the proposed transfer station and the mental anguish that residents will encounter as they see property values evaporate. She encouraged the Commissioners to carefully weigh all options rather than taking action tonight. Ms. Shelly Saunders, 27459 Frontage Road, stated she is the mother of three children; and her greatest concern is traffic impacts on Highway 10 and North 7th Avenue. She is also concerned about the environmental issues that have been raised by others. She concluded by encouraging the Commission to find other property that meets the needs of everyone. Mr. Dane Gamble, 13 Hitching Post Road, stated that as a business person, he has seen property taxes increase 15 percent in each of the last three years; and he is concerned that the City seems to have been "bitten by the real estate bug." He cited recent purchase of land for the new library, without knowing remediation costs for the site; purchase of the Story mansion, without knowing renovation or operating costs; and purchase of the old Armory building, without an identified mechanism for funding it. He noted that the subject parcel is excessively large, but it's divided into four tracts; and he suggested that the City purchase only the one tract needed. He concluded by stating purchase of this property is premature and encouraged the Commissioners to not approve the transaction. Mr. Harry Mann, 1100 Gibson Drive, questioned the desirability of purchasing land for a major solid waste site in an area of the community that is quickly expanding and will probably become the center of the community in a short period of time. He asked if an environmental impact statement will be required. He then noted that he was involved for several years with remediation of the Rocky Flats site in Boulder, Colorado, the most contaminated site in the United States, and recognizes the importance of giving careful consideration to environmental issues before embarking on a project. Mr. Neal Ainsworth, 217 Mineral Avenue, noted he has attended the meetings on other proposed sites for the transfer station and, while he has seen the groups change at those meetings, the comments have remained the same. He observed that, while everyone generates garbage, no one wants the facility near his or her residence. He stated that the part of this property behind Big R, which is where the transfer station is proposed, is zoned "M-1" and the surrounding development is industrial in character. He noted that the residences in this area are located across the railroad tracks and highway from this site, and the number of residences is low. He encouraged the Commission to give further consideration to this site, noting it is in an appropriate location. Ms. Marrietta Glase, Belgrade, questioned why the transfer station should be moved from the existing landfill site. She also suggested that a "usable goods" space be provided, where people could drop off and pick up usable items at no cost. Director of Public Service Debbie Arkell responded to several of the questions and issues raised, noting that if a hazardous wastes collection facility is included on the site, it will be an implodable building, to minimize potential problems ifthe facility were to incur an explosion. She confirmed that the parcel under consideration is zoned "M-1," Light Industrial, under the County's jurisdiction and is master planned for industrial development even though portions of it are zoned "AS," Agricultural Suburban. She indicated that many of the questions and issues raised will be addressed through environmental reviews conducted by the Montana Department of Environmental Quality. She noted that the facility should not generate much additional traffic on Frontage Road because the main access will be from North 7th Avenue via Flora Lane. She indicated that the City's landfill will be closing soon since the State has identified concerns with the potential of opening a cell north of Churn Creek. A small cell could be opened between the two existing cells, but would be expensive; and an alternative economical method of handling the garbage must be found. She indicated that to date the County has not anticipated construction of a transfer station, and 07-07-03 - ---.-... .----.--.- - 5 - hauling garbage directly to the Logan landfill from Bozeman would be expensive. She noted that the transfer trucks will leave the transfer station every day and, if a truck with garbage remains on site overnight, it will be inside the building. Responding to additional questions about the property, City Manager Johnson stated the risk in purchasing any parcel is that it must be subjected to the entire siting process; and that same risk applies to the existing landfill as well. He cautioned that the siting process can take up to a year, and the seller of the site under consideration is not willing to wait that long for a decision on the purchase. He indicated that, to obtain the parcel on which the transfer station would be located, the entire 85-acre parcel must be purchased. The remainder of the property could be used for other City operations, including a new City Shop Complex; or it could be subdivided and sold for other industrial purposes. He then noted that, at the time he signed the buy/sell agreement with the contingencies attached, there was no other contract for purchase of the property. In response to questions regarding this property, Mr. Lloyd Mandeville, realtor, indicated that the western 20 acres of this property have been for sale as an individual parcel, with no sewer or water services available to the site. To purchase the eastern portion of the property, however, involves purchase of the entire 85 acres. In response to suggestions that only the portion of the site that is desired for the transfer station be purchased, Mr. Mandeville indicated that would essentially render the remainder of the site undevelopable; and his clients would probably not be willing to entertain the suggestion. Administrative Services Director Miral Gamradt stated this property is to be purchased by the Solid Waste Fund, an enterprise fund that derives its revenues from garbage collection and disposal. He noted that in 2000, the City was fully aware of the impending closure of the landfill and the potential costs of implementing an alternative. As a result, rates were increased to generate funds necessary to fund the alternative and, at this time, there are adequate funds to pay for the property without incurring any debt. Responding to questions from Claudia Foster, Director of Public Service Arkell stated that the existing landfill was one of the properties that the task force considered; and it is currently fourth in the rating system. To date, the Commission has chosen not to consider it, but to consider those sites that rated higher. At Commissioner Youngman's request, Director of Public Service Arkell reviewed each of the criteria used for scoring of sites, the ratings given this site, and how the ratings compared with those given the other top sites. She indicated that only one of the eleven task force members rated the Mandeville site; however, she noted that the scores for many of the criteria are objective and not subjective and, as a result, this single scoring is reflective of this site's ranking when compared to the other sites. Responding to questions from Commissioner Youngman, City Manager Johnson stated that if the City Shop Complex were to relocate to this site, the other enterprise tunds and the General Fund would pay the Solid Waste Fund tor that portion ot the property; and if a portion ot the property is sold to a private party, the proceeds would be deposited in the Solid Waste Fund. In response to additional questions trom Commissioner Youngman, Director ot Public Service Arkell indicated that the closest residential property to the Griffin Drive/Manley Road site is probably 90 teet away; the closest residential property to the Love Lane site is immediately across the 50-foot-wide road right-ot- way; and the closest residential property to this site is across the 200-toot-wide railroad right-ot-way and the 200-foot Frontage Road right-ot-way. Responding to Mayor Kirchhoff, City Manager Johnson stated that it the Commission approves purchase ot this site and the Department ot Environmental Quality determines that it is not an appropriate site tor a transfer station, the City could choose to use it tor different purposes or could choose to resell it, possibly tor industrial uses. Break - 8:55 to 9:05 p.m. Mayor Kirchhoff declared a break trom 8:55 p.m. to 9:05 p.m., in accordance with Commission policy. 07-07-03 __.._..__n.__.__..._.._ -- _... _. __.___.._.._._.___n_____ ---..". ....--.-.---.------- -.- -- .-..-.- -.----.-..--- - 6 - Discussion (continued) - possible acauisition of portion of Mandeville farm as solid waste transfer station site Mayor Kirchhoff noted that the Commissioners have heard many of the comments made at this meeting in the meetings on the other possible sites. He is concerned about negotiating a buy/sell agreement for a parcel four times the size needed, particularly since the enterprise funds are designed to meet the needs of that activity and not to purchase excess property. He recognized that the City Manager is simply trying to resolve a problem that has plagued the City for years, but he's concerned about the size of this parcel. Commissioner Cetraro stated that a site located near the railroad is high on his priority list, and this site may be one of the last options for consideration. Commissioner Youngman stated that, if the sellers' agent is willing to grant the City a two-week extension on making a decision, she would respect the Mayor's suggestion about possibly purchasing a smaller portion of the site. She also noted that during that time, it may be possible for more members of the task force to rank the site, providing a greater level of comfort with the site assessment and providing more information upon which to base a decision. Commissioner Brown agreed it is important to be sensitive to the concerns of the neighbors. He feels this site would adequately accommodate a transfer station. He recognized, however, that it might be better to postpone the decision for at least one week to give more members of the task force an opportunity to rate the site, realizing that it is possible the delay will result in loss of the buy/sell agreement. Commissioner Hietala stated the full cost to access the site should be identified and compared with the Griffin Drive/Manley Road site. He stated that if the City acquires the Mandeville property, he would like to see a railroad crossing signal and arms installed or the Red Wing Road access closed. He concluded by expressing support for delaying the decision for one or two weeks. Responding to Mayor Kirchhoff, the City Manager indicated that if this parcel is not deemed appropriate, staff will continue to search for sites. If a site is not found before the landfill is closed, the City collection trucks will be driven to the Logan landfill or possibly to Livingston. Mayor Kirchhoff noted that, based on the comments, it appears a two-week delay would give time for the City Manager to continue negotiations to possibly acquire a smaller parcel or phased purchase of the entire parcel, give time for the adjacent property owners to prepare additional input, give time for the Planning Board and possibly other internal boards to provide comment, and give task force members an opportunity to rate the site. Mr. Lloyd Mandeville indicated that he feels a two-week delay would be acceptable to his clients. He cautioned, however, that selling only the portion of the site desired for the transfer station would probably not be acceptable and that his client would choose to sell to a developer instead. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the decision on this issue be delayed for two weeks. 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. Discussion - reauest for appropriation of $41.000 for Bozeman Shelter Care for Fiscal Year 2003-2004 Included in the Commissioners' packets was information on the requested appropriation for Bozeman Shelter Care, as submitted by Commissioner Brown. City Manager Johnson stated the issue of providing funding for Bozeman Shelter Care has arisen several times recently, and tonight's discussion is focused on appropriating $41,000 to assist that program for Fiscal Year 2003-2004. Commissioner Brown characterized the requested funding as a leap of faith, noting that some form of the shelter care program is critical to the operations of law enforcement agencies, youth probation and welfare agencies. He noted that the home is closed at this time and that its reopening will probably include 07-07-03 ..--..-.---.- - ...--.-. - 7 - new management and possibly a different format. He stated that, in essence, the problems have arisen because the State of Montana has not taken responsibility for funding this type of program, but suggested that a one-year contribution to give the parties an opportunity to restructure the program would be beneficial to the community and to the youth that it serves. Responding to Mayor Kirchhoff, Commissioner Brown stated the County has indicated a willingness to give funding for another year; and he feels the City should assist, even though it does not typically become involved in welfare programs. He indicated that the committee working on a plan to reopen the facility will meet on Thursday morning, and he plans to attend as an unofficial City representative. He expressed his hope that the house will not be sold, since it is set up for this type of program. Commissioner Cetraro stated his concerns include the uncertainty of the program. He then noted he does not support giving monies to individual organizations and stressed the importance of identifying a better way to solve the need. He suggested that the request for funding include a business plan and responses to the same questions that a banker asks when considering a loan application. Commissioner Youngman noted that she raised these same concerns a week or two ago, and she remains concerned about making a financial commitment in a vacuum when so many non-profits are in crisis as a result of the last legislative session. She indicated that she may be receptive to a one-year financial commitment to ensure children stay in the community once a solid plan is submitted, but she is not ready to make that type of commitment at this meeting. She suggested that, instead, the Commission delegate Commissioner Brown as its official representative in seeking a solution with other organizations in the community. Responding to comments from Commissioners Hietala and Brown, Commissioner Youngman agreed that City youth represent 40 percent of the need; however, she stressed that city taxpayers are also county taxpayers and, as a result will pay twice for the same services. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commissioner Brown be authorized to represent the City in on-going discussions regarding Shelter Care, including the meeting scheduled for Thursday, and revisit the possibility of the City being involved in one-year funding of the solution, if necessary, when more information and a more solid plan for the facility become available. 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. Decision - variance from Section 18.50.060.C. Bozeman MuniciDal Code. to allow sunroom addition to encroach into 25-foot corner side vard setback - Donald and Judith Mathre. 731 South 12th Avenue (Ca03002) This was the time and place set for the continued public hearing on the variance from Section 18.50.060.C., ofthe Bozeman Municipal Code, as requested by Donald and Judith Mathre under Application No. C-03002, to allow a sunroom addition to encroach 12 feet into the required 25-foot corner side yard setback on Lots 10 and 11 and the east 15 feet of Lot 12, Glendale Rearrangement of Westside Addition. The subject property is located at 731 South 12th Avenue. Commissioner Hietala indicated his support for the requested variance, viewing it as an extension of a non-conforming use granted in 1995. He characterized the extension as unique, noting that it serves a useful purpose to the property in an extension of the current configuration. He suggested that if West Garfield Street is extended to the west as proposed a couple of weeks ago, it could eliminate some of the traffic on West College Street, alleviating the need for widening of that street. Mayor Kirchhoff indicated that the previous approval of the greenhouse on the south side of the house is a key factor in his support of this variance. He noted that the requested sunroom is simply an expansion of the variance approved by the Board of Adjustment; and it is not the Commission's place to pass judgment on the merits of that decision, but to consider the unique and peculiar conditions created by it. Commissioner Cetraro expressed his support for the requested variance, noting he concurs with the comments above. 07-07-03 - 8 - Commissioner Brown stated he does not believe this application meets the criteria for approval of a variance and, as a result, he reluctantly cannot support it. Commissioner Youngman indicated that she reluctantly supports the variance, but cautioned that the Commissioners must be able to explain how an application meets the criteria. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the variance from Section 18.50.060.C., of the Bozeman Municipal Code, as requested by Donald and Judith Mathre under Application No. C-03002, to allow a sunroom addition to encroach 12 feet into the required 25-foot corner side yard setback on Lots 10 and 11 and the east 15 feet of Lot 12, Glendale Rearrangement of Westside Addition, be approved subject to the following conditions: 1. A 1 O-foot public street easement shall be provided for West College Street adjacent to this site. The easement shall be drafted by the property owner for review and approval prior to issuance of a building permit. 2. The owner shall record with the County Clerk and Recorder's Office executed waivers of right to protest creation of SIDs for street improvements, including paving, curb/gutter, sidewalk and storm drainage facilities for West College Street, prior to issuance of a bUilding permit. 3. Scaled elevations depicting color and materials shall be submitted for review and approval by the Planning Department prior to issuance of a building permit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Brown. Public hearina ~ Conditional Use Permit with Certificate of Appropriateness ~ to allow construction of 22 condominium units on Lots Band C. Amended Subdivision Plat N.E-21-B. with deviation from Section 18.50.110. Bozeman Municipal Code. to allow 6 fewer parking spaces than the 66 required for the proiect ~ John Moraan (Bridger Commons. located on west side of North 5th Avenue between West Peach Street and West Aspen Street) (Z~03114) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by John Morgan under Application No. 2-03114, to allow the construction of 22 condominium units on Lots Band C, Amended Subdivision Plat N.E-21-B, with a deviation from Section 18.50.110 of the Bozeman Municipal Code, to allow 6 fewer parking spaces than the 66 required for the project. The subject project is known as Bridger Commons and is located along the west side of North 5th Avenue between West Peach Street and West Aspen Street. Mayor Kirchhoff opened the public hearing. Urban Designer Candace Honatke presented the staff report. She noted the applicant is proposing to construct 22 condominium units in a ten-plex and a twelve-plex with a common access between the buildings that provides parking and a hammerhead turn-around at the back of the buildings. All units are to be two-story units with single-car garages, except for the ADA accessible unit, which will be one story and will not have its own garage. The Urban Designer stated that staff has reviewed this application in light of the applicable criteria, and staft's comprehensive findings are contained in the written staff report. She noted that the Design Review Board has reviewed the application and provided several ideas for improving the appearance of the project, including a more articulated facade along North 5th Avenue. She then reviewed the single deviation sought in conjunction with this application, to allow 6 fewer parking spaces than the 66 required for this project. She forwarded staft's support for the requested deviation, noting that allowing the decrease in on- site parking will allow for more open space or play areas; and there is adequate on-street parking to accommodate any overflow parking. She concluded by noting this application will allow for a nice mix of residential units that will be individually owned in an area that is predominantly commercial. 07-07-03 _._._...__.____..__..n_n..____.____.___.__.. - 9- Responding to Mayor Kirchhoff, Urban Designer Honatke stated that the applicant has provided new drawings in response to the concerns that various Design Review Board members expressed about the lack of architectural detail. She noted that with the addition of banding, color and fenestrations, staff supports the proposal now before the Commission. Mr. Chris Budeski, Allied Engineering, representing the applicant, noted that 21 of the 22 units will be two-story, three-bedroom units with a single-car garage and one parking stall in front, with 13 additional stalls provided on site and six parking spaces on the street. He stressed that this is an infill project located close to an elementary school and commercial development and across the street from a park. He noted that the conditional use permit is being sought to allow the construction of residential units in a commercial zone. Mr. John Morgan, applicant, stated that when he began designing this project six months ago, it was his intent to provide affordable units that meet the aO-percent of area median income level for home ownership. He stressed the difficulty of accomplishing that goal, noting that he now intends to provide market rate units targeted to the affordable range. Mr. Morgan indicated that the most recent issue to arise is the amount of the cash-in-lieu of parkland payment, particularly for condominium units. He asked that this issue be addressed, particularly since the payment of the fee as currently calculated will quickly take the price of the units out of the affordable range. Mr. Morgan showed the Commissioners a color board for the project, indicating he plans to use tans and whites with different window colors and trims to provide some contrast. No one was present to speak in opposition to the project. Responding to Commissioner Cetraro, Planning Director Andy Epple stated that the zone code requires 150 square feet of open space per unit, for the use and benefit of the tenants. Additionally, the subdivision regulations define condominiums as a form of subdivision, triggering the parkland dedication requirement of .03 acres per unit. The result of these requirements is a significant amount of open space or an extremely high cash-in-lieu payment for a high-density infill project. He then indicated staff intends to work with the applicant to determine an equitable way to address these requirements. Responding to Mayor Kirchhoff, the Planning Director indicated that the Commission may not exempt this project from the parkland dedication requirements under State law. He suggested, rather, that the issue is determining the applicability of the requirement. He proposed that the Commission consider a condition to deal with the parkland dedication requirement by indicating that it shall be provided as required under the subdivision regulations, if deemed applicable. Staff Attorney Tim Cooper noted that this application must come back for final site plan approval, and suggested the following condition instead: "After input from staff and the applicant at final site plan review, and subject to review and approval by the City Commission, the applicant shall comply with any open space and/or parkland dedication requirements that may apply." Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Youngman expressed concern that the new parkland and open space requirements are not having the effect intended, but appear to have negative impacts on high-density infill projects that have previously been identified as desirable. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Conditional Use Permit with Certificate of Appropriateness requested by John Morgan under Application No. Z-03114, to allow the construction of 22 condominium units on Lots Band C, Amended Subdivision Plat N.E-21-B, with a deviation from Section 18.50.110 of the Bozeman Municipal Code, to allow 6 fewer parking spaces than the 66 required for the project, be approved subject to the following conditions: 1. The final site plan submittal shall include a color rendering or a materials and color palette to confirm that the overall building scheme, as proposed, is compatible with architectural treatment requirements of the entryway corridor overlay district. 2. Applicant shall provide at least one bench in a safe area on site for residents' use. 07-07-03 - 10 - 3. The applicant shall incorporate additional detail into the building facades by increasing the fenestration on the east elevations of the buildings and possibly adding belly bands or trim detail. 4. The use of masonry, stone or natural wood trim is encouraged in the entryway corridor overlay district. This may be accomplished by detailing the foundation, around the bottoms of garage openings, decks and trim around window openings. 5. Bike racks shall be installed for resident and visitor use. These shall be shown on the final site plan drawings. Bicycle parking racks and facilities shall be in conformance with standards recommended by the Bozeman Area Bicycle Advisory Board. 6. The architectural elevations do not indicate any ground or roof-mounted mechanical equipment. Applicant should ensure that all such equipment shall be screened with durable construction and materials. This equipment will need to be illustrated on the final site plan on the exterior architectural elevations and site plans. 7. After input from staff and the applicant at final site plan review, and subject to review and approval by the City Commission, the applicant shall comply with any open space and/or parkland dedication requirements that may apply. 8. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines prior to request for temporary occupancy. 9. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas. 10. Automatic irrigation should be applied to all landscaped areas, including trees, shrubs and sod. 11. That the owner 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. In addition, if improvements have not been completed at applicant's request for occupancy, the applicant shall financially guarantee these improvements. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. Improvements (i.e. landscaping and irrigation) must be installed within nine months of occupancy. 12. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. 13. The applicant shall submit receipt of the recording of the conditions of approval for the Conditional Use Permit with the final site plan submittal package. 14. The applicant must submit seven (7) copies of 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 Department. 15. Necessary sign permits shall be obtained, as required, by the Bozeman Municipal Code through Vicki Hasler, Code Enforcement Officer at the Department of Planning and Community Development, 20 East Olive Street, prior to the installation of any new signage. 07-07-03 ..-- ....-- --...-.-..-. -.-------.---- __on .......__.___u__ ------.---.---..-- - 11 - 16. A Certificate of Appropriateness shall be issued to the applicant at which time a final site plan has been approved by the Planning Director. The Certificate of Appropriateness is valid for one year from date of issuance. 17. According to Section 18.50.035.A of the Bozeman Municipal Code, the lighting plan shall incorporate deflection of light downward and away from existing properties. All proposed light fixtures and lamps must be designed within the code requirements. Applicant shall provide the Planning Office with manufacturer cut sheets for all proposed light fixtures, including those mounted on the dwelling units. 18. All canopy trees shall be planted at least four (4) feet from paved surfaces and parking areas per Section 18.49.060 of the Bozeman Municipal Code. 19. Landscape plans shall be prepared by a qualified person such as a registered Montana landscape architect; an individual with a degree in landscape architecture and two years of professional design experience; or an individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional design experience per Section 18.49.040.C.3. 20. Per Section 18.50.11 0.F.3.c. of the Bozeman Municipal Code, the van accessible parking spaces shall be signed reserved for the disabled by signs that comply with AD.A requirements. A raised sign shall be located at a distance no greater than 5 feet from the front of the accessible space; shall include the language "Permit Required $100 Fine;" provisions shall be made for an accessible path of travel from the disabled accessible parking space to the sidewalk including ramp access where necessary and an unencumbered minimum 3-foot-wide walk, sidewalk or ramp per Section 18.50.035.R. 21. 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. 22. Applicant shall ensure that any tree that is planted in the utility easement is planted ten (10) feet from the edge of the utility line. 23. All existing and proposed infrastructure and tie-ins shall be illustrated on the final site plan. 24. All existing utility and other easements must be shown on the final site plan. 25. The applicant shall install a "No Parking" sign in the hammerhead, overflow parking lot on the west end of the site to prevent the emergency turnaround from being blocked by parked cars. 26. The final site plan (FSP) shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 27. 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 stormwater maintenance plan. 28. 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. The applicant shall also provide professional engineering services for construction 07-07-03 .. - -.------.----- _... __....._____u__.___._.______ ----------- --..-- --------.....-.-.--....-. -...-.. - 12 - inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the 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. 29. 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 line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 30. 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. 31. 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." 32. 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. 33. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 34. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section details 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. 35. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 36. All existing utility and other easements must be shown on the final site plan. 37. 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). 38. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 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 hearina ~ intent to annex 8.04-acre parcellving north of East Baxter Lane at the intersection of North 27th Avenue and Vallev Center Road - Jerald Swenson (A-03002) This was the time and place set for the public hearing on the intent to annex an 8.04-acre parcel at the intersection of North 27th Avenue and Valley Center Road, as established by Commission Resolution No. 3600, entitled: 07-07-03 ---.-..---..."..--.-.. - 13 - COMMISSION RESOLUTION NO. 3600 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 and asked staff to address the issue of whether it is a good idea to annex only a portion of the property rather than the entire parcel under a single ownership. Planning Director Epple stated that the parcel under consideration for annexation is located east of North 27th Avenue, corresponds with the growth policy boundary for commercial development, and is the portion of the site which the applicant is interested in developing. He noted that the applicant has previously talked about commercial development to the west of North 27th Avenue, but that would not be in conformance with the Bozeman 2020 Community Plan; and staff has indicated it would not look on that proposal favorably. He concluded by stating that annexing only a portion of the property in single ownership is not uncommon, citing the phased annexation of the Cattail Creek Subdivision as a recent example. Assistant Planner Jami Morris presented the staff report. She stated the original request was for annexation of a 7.07 -acre tract at the southeast corner of the intersection of Valley Center Road and North 27th Avenue, however, the right-of-way for the adjacent North 27th Avenue has been included in light of recently adopted legislation, resulting in annexation of 8.04 acres. The Assistant Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings and forwarded staff's recommendation for approval of the requested annexation, subject to the following items being addressed prior to or in conjunction with annexation: 1. The area to be annexed by the City of Bozeman shall be extended to include the entire collector street standard width for North 27th Avenue right-of-way easement. 2. According to the Greater Bozeman Area Transportation Plan, 2001 Update, North 27th Avenue is designated as a collector, which requires a 90-foot wide right-of-way. Based on available records, the existing right-of-way for North 27th Avenue appears to be only 60 feet wide. Therefore, the applicant shall grant the required additional public street and utility easements to the City of Bozeman for 90-foot right-of-way (30 feet) for North 27th Avenue. 3. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to North 27th Avenue and Valley Center Road; including paving, curb and gutter, sidewalk, and storm drainage improvements. b. Signalization of the intersection of Valley Center Road and North 27th Avenue. c. Trunk sewer main improvements and a regional lift station. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 07-07-03 ____ - _______________ _____________________n_ ----.----- _.._.._....._.._._."._.. _ ._.___ . .__..._n_.________._..._ u_ _.. - 14 - 4. Since the parcel is less than 10 acres in size, water rights or cash in-lieu, as determined by the Director of Public Service, must be provided at the time the Annexation Agreement is submitted. 5. The annexation agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. 6. 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. 7. 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 showing 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-inch by 24-inch) 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. 8. The applicant is advised development of the subject annexation may not be permitted until improvements are made to Valley Center Road and North 19th Avenue. 9. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 10. A detailed Traffic Impact Analysis Report may be required prior to future development of the subject annexation. 11. Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. The applicant is advised a private, interim lift station will be necessary to provide sanitary sewer service to the subject annexation. 12. The applicant is advised that water main extensions in excess of 500 feet must be looped. 07-07-03 - 15 - Neither the applicant nor any representative was present. No one from the public spoke in support of or in opposition to the requested annexation. Since there were no Commissioner objections, Major Kirchhoff closed the pUblic hearing. Mayor Kirchhoff expressed concern about considering annexation of only a portion of the applicant's property, stating he prefers to see comprehensive planning for the entire tract rather than a piecemeal approach. Commissioner Brown acknowledged that the applicant owns the property on both sides of North 27th Avenue. However, he noted that street is also the divider between commercial use on the east side and lower impact uses on the west side, so he has no problem with annexing only this portion of the property. Responding to questions from the Mayor, staff noted that North 27th Avenue is currently a gravel road from Valley Center Road to the school bus barn. Access to this property will be from that street, with no direct access to Valley Center Road being allowed. Commissioner Brown stressed the importance of recognizing that no development will be allowed on this property until Valley Center Road and North 19th Avenue have been improved, particularly in light of the apparent misunderstandings that have arisen in the past. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the request to annex an 8.04-acre parcel at the intersection of North 27th Avenue and Valley Center Road, as submitted by Jerald Swenson under Application No. A-03002, be approved subject to Item Nos. 1 through 12, listed above, being addressed prior to or in conjunction with the Annexation Agreement and resolution of annexation. 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 an initial zonina desianation of "B-2" on 7.07-acre Darcel described as the east portion of Lot 1. Minor Subdivision No. 221 (north of East Baxter Lane at the intersection of North 27th Avenue and Vallev Center Road) - Morrison-Maierle. Inc.. for Jerald Swenson lZ-03062) This was the time and place set for the public hearing on the Zone Map Amendment requested by Morrison-Maierle, Inc., for Jerald Swenson under Application No. Z-03062, to establish an initial zoning designation of "B-2," Community Business, on a 7.07-acre parcel described as the east portion of Lot 1, Minor Subdivision No. 221. The subject property is located at the southeast corner of the intersection of Valley Center Road and North 27th Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated the applicant has requested an initial zoning designation of "B-2" on the subject property. Staff has reviewed this application in light of the applicable criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. As a result of that review, staff has forwarded its recommendation for approval and, following its public hearing on June 3, the Zoning Commission concurred in that recommendation. Neither the applicant nor any representative was present. No one from the public spoke in support of or in opposition to the requested zone map amendment. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Zone Map Amendment requested by Morrison-Maierle, Inc., for Jerald Swenson under Application No. Z-03062, to establish an initial zoning designation of "B-2," Community Business, on a 7.07-acre parcel described as the east portion of Lot 1, Minor Subdivision No. 221, be approved subject to the following conditions: 07-07-03 ----.-.------- -.---------...- . _. - - __.. un_."._."..... _._. .._. .. ._._.. ___ -16- 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 olat for Northern Rockies Professional Center. subdivide Lots 4 and 7. Northern Rockies Subdivision. into four lots and realign the southern boundary of Lot 5. C&H Enaineering and Survevina for Gary F. Lusin. LLC and Camobell. LLC (south side of Ellis Street. east of Highland Boulevard) (P-03016) This was the time and place set for the public hearing on the preliminary plat for the Northern Rockies Professional Center, as requested by C&H Engineering and Surveying for Gary F. Lusin, LLC and Campbell, LLC, under Application No. P-03016, to subdivide Lots 4 and 7, Northern Rockies Subdivision, into four lots and to realign the southern boundary of Lot 5. The subject property is located along the south side of Ellis Street, east of Highland Boulevard Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated that the applicant proposes to further subdivide Lots 4 and 7 to create two additional lots and to move the southern boundary of Lot 5 to incorporate more parking for that lot. The Assistant Planner reported that staff has reviewed this application in compliance with the applicable criteria and staff's comprehensive findings are contained in the written staff report. She stated that the Development Review Committee has recommended the applicant improve Ellis Street from this property to the Comstock Apartments, including sidewalk along the south side of the street, noting that under the previous subdivision approval, the applicant was required to improve Ellis Street only to the eastern boundary of the subject property. She stated the property owner to the east has indicated no intent to develop that property. As a result, the Planning Board discussed the possibility of a payback agreement for these improvements as well as previous infrastructure improvements. She noted that staff also looked at other alternatives for the installation of sidewalk improvements, and indicated that the annual sidewalk program would be an alternative. Ms. Becki Klempel, Bayliss Architects, indicated the owners are willing to pave Ellis Street; however, they request that they not be required to install curb, gutter and sidewalk. She noted that this subdivision of lots is being sought in response to current market conditions, noting that the smaller lots are preferred. She concluded by stating it is not fair to require these applicants to develop another person's property. Assistant Planner Morris responded there is adequate right-of-way for Ellis Street, and the sidewalk would be located in that right-of-way. No one was present to speak in opposition to the proposed subdivision. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Brown stated he feels the sidewalk connection is appropriate, particularly since it would connect several residential units to the medical campus and make that area more walkable. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the preliminary platforthe Northern Rockies Professional Center, as requested byC&H Engineering and Surveying for Gary F. Lusin, LLC and Campbell, LLC, under Application No. P-03016, to subdivide Lots 4 and 7, Northern 07-07-03 - 17 - Rockies Subdivision, into four lots and to realign the southern boundary of Lot 5, be approved subject to the following conditions: 1. The remainder of the unimproved Ellis Street located east of Northern Rockies Professional Center shall be designed to a full local street standard and constructed to a 32-foot width with curb, gutter and sidewalk along the south side. All required street improvements including curb, gutter, sidewalk and any necessary storm drainage infrastructure shall be constructed or financially guaranteed prior to Final Plat approval. No occupancy permits shall be issued for development associated with Lots 4, 5 and 7 prior to completion and City of Bozeman acceptance of said infrastructure improvements. 2. The plans and specifications for Ellis Street improvements, prepared by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer's Office. The applicant shall also provide professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. 3. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including a platting certificate, and all required corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Y:z-inch floppy disk or compact disk; and five (5) paper prints. 4. Conditional approval of the preliminary plat shall be in force for one calendar year. 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. 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. Informal review - Dre-aDDlication for Baxter Meadows Subdivision. Phase II - subdivide :1:57 acres located north of Baxter Lane and west of Davis Lane into lots for commercial neighborhood center. town center. multi-familv residential. villaQe homes and traditional homes. with relaxations to various subdivision and zoning reaulations (I-03015) Included in the Commissioners' packets was a memo from Contract Planner Lanette Windemaker forwarding the pre-application for Baxter Meadows Subdivision, Phase II. Contract Planner Lanette Windemaker presented the staff report. She stated this phase of Baxter Meadows Subdivision includes neighborhood commercial, multi-family and mixed-density residential development, with 14 percent open space being provided. The applicant is proposing a non-standard street design with diagonal parking, and is requesting numerous relaxations to the zoning and subdivision regulations. Mr. Jeff Kanning, Collaborative Design Architects, representing Baxter Meadows Development, noted that the concept for the entire development was presented to the Commission three years ago. He reminded the Commission that this subdivision is proposed as a mixed use development and is designed to be a walkable and people friendly community. He noted that a portion of the original property has been sold, so the total acreage is now 438 acres. He stated that Phase I was approved in March, and the first 11 homes within that phase are now nearing completion. A number of the streets within the subdivision have been completed, and water and sewer have been extended to the development. He reminded the Commission that the master plan for the overall development includes houses with smaller lots and decreased front yard setbacks, pocket parks, a neighborhood commercial center, tree-lined boulevards, 07-07-03 ----- ------- ..------.---- - 18- narrower street widths, mixed-use retail with commercial or residential development above, and a trail system throughout. Mr. Kanning stated that a variety of housing types are included within the development, including traditional housing and several different configurations of housing that meet a variety of needs and desires. A new cottage housing type has been added, with those units to range from 550 to 750 square feet, to meet the affordable housing price points. These homes are to be constructed on smaller lots, grouped around pocket parks. Mr. Kanning asked for Commissioner input on whether the proposed cottage housing grouped around pocket parks is acceptable; whether continued relaxation of the requirement that each lot front on a public right-of-way is acceptable; whether continuation of the 35-foot setback from the watercourse will be allowed; whether the exceptions to allowed uses under the "B-2" zoning designation are acceptable; whether apartments will be allowed on the ground floor in the "B-2" zoning district; whether the alternate street design with diagonal parking and backing into the street is acceptable; whether parking and landscaping requirements can be reviewed as a whole and not on an individual lot basis; whether relaxations to the lot area, lot width and lot coverage requirements would be viewed favorably; and whether 96-foot-tall buildings would be allowed. He then turned his attention to the open space requirements, noting that the plan for development of the 340 acres remaining in the Baxter Meadows Subdivision includes 70 acres of open space, plus the 98-acre parcel designated as regional park and purchased through the open space bonds. Mayor Kirchhoff expressed concern about the amount of open space proposed, stating that Baxter Meadows does not own the regional park and its inclusion in the calculations is not legitimate. Mr. Kanning responded that the intent of the original proposal for Baxter Meadows Subdivision was that the regional park be used for open space. Commissioner Brown noted that all five Commissioners have previously indicated it is not appropriate to count the regional park as open space for this development. Mayor Kirchhoff turned has attention to the pocket parks stating they seem to make sense. He recognized that many of the items proposed in this concept plan reflect smart growth ideas not previously seen in this community. Responding to Mayor Kirchhoff, four of the Commissioners indicated support for the proposed pocket parks. Mayor Kirchhoff stated he does not support the requested 35-foot streambank setback, noting that establishing the new setbacks was a hard-fought battle. Mr. Jerry Williams stated that part of the issue revolves around the location of the sewer and water lines, noting that the locations of those lines and the streets in the master plan for the entire subdivision were based on the 35-foot setback. He cautioned that to change that setback will result in adjusting all of the lots. Commissioner Youngman stated it is important to maintain a certain amount of flexibility to honor new standards as much as possible; however, she also recognizes the importance of acknowledging the certainty that the master plan for the overall development provides. In response to questions from City Manager Johnson, Planning Director Epple stated that the corridor resulting from the streambank setbacks counts as open space but not as dedicated parkland. Responding to Planning Director Epple, Mr. Kanning stated the open space calculations include the equestrian area and the corridors, less the required setbacks. Also, the excessively wide boulevards in the street have been included in the calculations. Responding to Mr. Kanning, the Commissioners indicated support for the proposed exclusions to the uses permitted in the "B-2" zone. 07-07-03 - 19 - Mr. Kanning turned has attention to the proposed street design, which includes depressions between the street and the diagonal parking to allow for drainage at the ends of the curb bulbs rather than the typical crown design. Mr. James Nickelson, project engineer for the City, indicated that the Engineering staff is concerned about the proposed design because the gutterline of the street with the inverted crown proposed is asphalt, rather than the concrete in the standard curb and gutter format; and asphalt typically breaks up with the freeze/thaw cycle. He recognized that the streets are to be initially installed as private streets; however, he noted it is not uncommon for developers to request City maintenance at some point in the future. He suggested that the use of sidewalk chases or grates through the curb bulb would allow water to flow along the curb line, rather than the alternative proposed. Mr. Kanning responded with concerns about the height of the crown on a street wide enough to accommodate diagonal parking, particularly in an area where they are attempting to provide a softer, more pedestrian friendly look. Mayor Kirchhoff expressed his discomfort with the fact that the Commission is being asked to make policy calls on the City's standards. Commissioner Brown stated it is difficult to address the various issues individually, particularly when so many of them fit together. Commissioner Brown turned his attention to the proposed 96-foot height limitation, stating he does not support allowing structures that are taller than those downtown; three of the Commissioners indicated concurrence with that assessment. Due to the late hour of the meeting and lack of efficiency in addressing the issues, Mayor Kirchhoff requested that the Commission call a special afternoon session for the July 21 meeting and defer further discussion to that time. Appointments to various boards and commissions: (a) Beautification Advisorv Board. (b) Bozeman Area Bicycle Advisorv Board. (c) Cemetery Board. (d) Community Affordable Housina Advisorv Board. (e) Community Development Block Grant Economic Development Loan Review Committee: (f) Desian Review Board. (0) Downtown Bozeman Improvement District Board (lDB). (h) Downtown Business Improvement District Board (BID). (i) Historic Preservation Advisorv Board. (j) Librarv Board of Trustees. (k) Parking Commission. (I) Pedestrian/Traffic Safety Committee. (m) Recreation and Parks Advisorv Board. and en) Tree Advisory Board Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Carolyn Wilmont, dated July 2, forwarding the applications received for various boards and commissions. Due to the late hour of the meeting, Mayor Kirchhoff requested that this item be placed on next week's agenda. Commissioner Youngman noted that the Design Review Board is scheduled to meet tomorrow, and appointments need to be made to ensure that board has a quorum for the meeting. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that Randy Carpenter be reappointed as a non-professional member, that Bill Hanson be reappointed as an architect, and that Christopher Livingston be appointed to replace Henry Sorenson as an architect member on the Design Review Board, all with two-year terms to expire on June 30, 2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public comment No public comment was received under this agenda item. 07-07-03 - 20- Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Memo from Clerk of the Commission Sullivan, dated July 3, forwarding evaluation forms for the City Manager and Clerk of the Commission. (2) Memo from Assistant City Manager Ron Brey, dated July 3, forwarding the draft of the Request for Proposals for a consultant to study the fiscal, economic and related impacts of large scale retail development. (3) Letter from Susan Cole, 210 West Arnold Street, forwarding information regarding the woes that have been encountered with the River Park Square parking structure in Spokane. (4) Copy of an e-mail and a registration form for the workshop to be held on Saturday, July 12, at the Story Mansion to identify potential uses and rehabilitation strategies for the site. (5) Copy of a notice to be published in the newspaper regarding availability of the draft Unified Development Ordinance and announcing workshops scheduled for July 23. (6) Copy of a letter from the County Clerk and Recorder's Office, dated June 27, forwarding the County's determination that a primary election is not needed. (7) Memo from Associate Planner Chris Saunders, dated June 27, seeking direction from the Commission regarding an imbalance in standards for parkland dedication for developments. (8) Copy of an e-mail from Kristi Wetsch, dated June 23, voicing concern about the managers of the new farmers' market encouraging vendors to move to their market. (9) Copy of an e-mail from Marci Gehring, dated June 25, expressing her dissatisfaction with the Commission's decision to allow a second farmers' market. (10) Copy of the updated list of planning projects, dated July 2, to be considered at upcoming Commission meetings. (11) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 8, in the Commission Room. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 8, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 8, at the Professional Building. (14) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 p.m. on Tuesday, July 8, in the Commission Room. (15) Newsletter from Headwaters Recycling, announcing that the next meeting will be held on July 10 in Boulder. (16) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, July 16, in the Commission Room. (17) Agenda for the Montana Transportation Commission meeting to be held in Helena on July 17. (18) Minutes from the Gallatin City-County Board of Health meetings held on April 24, May 9, May 14 and May 22,2003. (19) In light of the Montana League of Cities and Towns' Board of Directors recent action to petition for submittal of an amicus brief, Commissioner Youngman questioned the need for the City to take 07-07-03 -----.---...--... ,." - --.. - 21 - a position on the pending lawsuit on House Bill 758 at next week's meeting. The Commissioners agreed this item should be removed from next week's agenda. Adjournment. 11 :50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. 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. ~-~ STEVEN . KIRCH FF, Mayor . ATTEST: (l~J~ ROBIN L. SULLIVAN Clerk of the Commission 07-07-03 __ ____n________.._______________ ....-......-.--.- ---