Loading...
HomeMy WebLinkAbout2003-04-14 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 14, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 14, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Planning Director Andy Epple, City Attorney Paul Luwe 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. November 22.2002 and ADril7. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of April 7, 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 November 22,2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1593 - establishina initial municiDal zonina desianations of "R-2:' "R-3A" and "R_3" on 59.03 acres located in the NWv.. and SWv... Section 35. T1S. R5E. MPM (Cattail Creek Subdivision. Phase II): finallv adoDt ORDINANCE NO. 1593 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING INITIAL ZONING DESIGNATIONS OF "R-2" (RESIDENTIAL SINGLE-FAMILY, MEDIUM DENSITY DISTRICT), "R-3A" (RESIDENTIAL TWO-FAMILY, MEDIUM DENSITY DISTRICT), AND "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 59.03 ACRES SITUATED IN THE NORTHWEST ONE-QUARTER AND SOUTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. Commission Resolution No. 3587 - intent to establish a 2003 Sidewalk Proaram: set Dublic hearina for Mav 5. 2003 COMMISSION RESOLUTION NO. 3587 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 2003 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-411 0, MONTANA CODE ANNOTATED. 04-14-03 -..--------- -- ......---..- - 2 - Commission Resolution No. 3588 - authorize City Manaaer to sian Chanae Order No. 2 for Wastewater Treatment Plant modifications - Williams Plumbina and Heatina. Inc.. Bozeman. Montana - deduct $1.511.80 and add 1 calendar day COMMISSION RESOLUTION NO. 3588 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH WILLIAMS PLUMBING AND HEATING, INC., BOZEMAN, MONTANA. Acknowledae receiDt of staff reDort - reauest from Montana Association of Seventh Day Adventists for annexation of 9.036-acre Darcel lying between Haaaerty Lane and 1-90 at Ellis Street extended (A-03001) Commission Resolution No. 3589 - intent to annex 9.036-acre Darcel Iyina between Haaaerty Lane and 1-90 at Ellis Street extended: set Dublic hearina for May 12. 2003 COMMISSION RESOLUTION NO. 3589 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. Ordinance No. 1594 - addina ChaDter 2.98 to the Bozeman MuniciDal Code. providing for creation ofthe Bozeman Area Bicycle Advisorv Board: DrovisionallyadoDt and brina back in two weeks for final adoDtion ORDINANCE NO. 1594 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 2.98 OF SAID CODE, PROVIDING FOR THE CREATION OF THE BOZEMAN AREA BICYCLE ADVISORY BOARD AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. Ordinance No. 1595 - zone code amendment - Section 18.16.060 of the Bozeman MuniciDal Code. modifyina building heiaht restrictions in "R-2" zoning district: Drovisionally adoDt and bring back in two weeks for final adoDtion ORDINANCE NO. 1595 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT SECTION 18.16.060 OF THE BOZEMAN MUNICIPAL CODE BE AMENDED BY MODIFYING BUILDING HEIGHT RESTRICTIONS IN THE "R-2" RESIDENTIAL-SINGLE-HOUSEHOLD, MEDIUM-DENSITY, ZONING DISTRICT. ADDoint Commissioner Hietala and Commissioner Brown to sub-committee to review Pledaed Securities as of March 31. 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. 04-14-03 - 3- In light of questions and comments from Commissioner Hietala, the Commission determined that Ordinance No. 1594 should be listed as a line item on the agenda in two weeks, so that Board members may make a presentation prior to final adoption of the ordinance. Ratify City Manaaer's sianature on buv/sell aareement for SAE House City Manager Johnson noted that copies of e-mails and letters recently received were distributed just prior to the meeting. At Mayor Kirchhoff's request, the City Manager reviewed the buy/sell agreement for the SAE House at 811 South Willson Avenue. He noted that the agreement is in the amount of $1,280,000 for purchase of the property; and the fraternity will retain ownership of the two lions next to the front porch, the books and papers in the library, the plaques and awards, and the casket. He indicated that the personal property that is to remain with the SAE House includes all kitchen appliances, the dining room furniture, the lions in the living room and all window coverings. He indicated that, if the Commission ratifies his signature on the buy/sell agreement, the only remaining contingency will be a clear title report; and closing may be scheduled for late this week or early next week. Mr. Dick Stefani, realtor representing the SAE fraternity, indicated that they will go through all of the papers and books in the library and remove only those belonging to the fraternity. Commissioner Hietala indicated he is interested in getting MSU's support before proceeding and, to date, only lip service has been given with no concrete commitment. He then asked if an appraisal has been done on the house recently; Mr. Stefani indicated no appraisal has been done. Commissioner Hietala stated he feels this process has been moving too quickly, and he is concerned about acting without a firm plan in place. He acknowledged that acquiring and renovating this property could be of benefit to the community and the general business climate in Bozeman; however, he feels that time is on the City's side. He then suggested that this decision be postponed until the City has an opportunity to meet with representatives from MSU in an effort to gain a more concrete commitment, and noted that could probably be accomplished within the next week. Mayor Kirchhoff stated he does not wish to identify a single option prior to acquiring the property; rather, he wants to consider all options on a level field once the City acquires it. Commissioner Hietala responded that having a major partner would remove some of the burden from the City. Commissioner Youngman noted that a meeting of representatives from MSU, the City and the Historic Preservation Advisory Board has already been held; and all Commissioners were invited to attend that meeting. City Manager Johnson stated that Dr. Gamble has indicated he is unable to devote time to this issue until after graduation, so a one-week delay in the decision would not provide the information desired. Mr. Todd Wilkinson, Chair of the Historic Preservation Advisory Board, indicated that, if the City acquires this property, the next step will be to reconvene the task force, which includes representation from MSU, and then transition into a feasibility study. He indicated that the task force will then come back to the Commission with options, including permanent preservation, keeping the property in public ownership, and remarketing of the property. He noted that a meeting has been scheduled with the chief of staff from Senator Burns' office tomorrow to discuss an appropriation for restoration of the mansion. Mayor Kirchhoff acknowledged Commissioner Hietala's concerns, but indicated he feels they can be adequately addressed after acquiring the property. He noted that acquiring the property will allow the City to take an active role in preserving this important property under a variety of options that remain open. Commissioner Cetraro indicated that his position has not changed, and he remains concerned that a business plan on which to base a decision has not yet been submitted. He noted that, from a personal standpoint, he does not feel that acquiring the property is a bad idea; but as a member of the board of directors for the City, he does not have the information needed for an affirmative vote. 04-14-03 . .......- -..-------.-- ----".- - 4- Commissioner Brown noted that, while there are a lot of unknowns at this time, it is a big opportunity that he does not see being repeated in the future. He then referenced a letter just received raising questions about whether there is lead based paint or asbestos in the mansion. City Manger Johnson noted that, since the building is 80 years old, one can rest assured that there is lead based paint in it. Mr. Larry Bowman, member of the House Corporation Board, stated that asbestos was used as insulation for the heating and ventilating system; however, that was removed approximately ten years ago. He indicated that he cannot give a definitive answer regarding lead based paint. Commissioner Youngman acknowledged the concerns and questions raised by Commissioner Hietala and Commissioner Cetraro. She noted, however, that for this project to become reality, someone must make the first move; and she feels the City is the entity that must do so. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Commission ratify the City Manager's signature on the buy/sell agreement for the T.B. Story Mansion/SAE House, in the amount of $1 ,280,000. 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. Staff presentation re reauest from Reach. Inc. for City sponsorship of application for $500.000 in CDBG monies for public facilities Included in the Commissioners' packets was a memo from Grants Administrator Sara Folger, dated April 9, forwarding a request from Reach, Inc., for City sponsorship of a $500,000 CDBG application. Grants Administrator Folger noted that this request for the City to sponsor an application for $500,000 in Community Development Block Grant (CDBG) funds for public facilities does not result in any monetary obligation to the City. She gave a brief overview of the request by Reach, Inc., for the construction of a new work center for developmentally disabled individuals. She stated the existing facility is at capacity and, in fact, some behavior problems are beginning to occur. The Grants Administrator stated that Reach, Inc., began in the early 1970s and has expanded incrementally over the past fifteen to eighteen years. In the next three to five years, it is anticipated an additional 45 people in Bozeman and Gallatin County will need the services provided by this agency; and the existing facility is currently at capacity with no opportunity to expand. She indicated that this work center provides disabled individuals with the skills needed for a real job in the community, and many of them work part-time at this center and part-time at another job. The Grants Administrator noted that Reach, Inc., has done its homework in the strategic planning process and recognizes the needs of the disabled community. The organization has purchased property, committed some of its funds for this project, obtained a guarantee for financing from a banking institution, and is undertaking a capital campaign. She indicated that the new site is large enough to accommodate future expansion as demand requires. Responding to Commissioner Brown, Grants Administrator Folger confirmed that she and members of the City's Finance Department will be responsible for ensuring that this project meets the guidelines and reporting requirements of the program. Responding to additional questions from Commissioner Brown, Mr. Jay Winchester, Community Relations and Development Director for Reach, Inc., stated that Reach, Inc., was created in 1974. He then indicated that this is the fifth major building project in the past six years, and the other projects involved providing safe homes for the developmentally disabled population. He noted that most of those served by the work center live in Bozeman, although some live in Belgrade and in surrounding areas. He stated that last year, there was one opening in the work center; and they had 45 applications for that slot. Ms. Debbie Heerdt HI Case Management, noted that the individuals who come to Bozeman or to Montana go through their office. She stated that since January, 13 new referrals have been made to Bozeman, with many of them looking for vocational opportunities. She indicated that their office has 48 04-14-03 .. ._n ___________.._._ - 5 - people on waiting lists for all services, including day services. She noted that some individuals are in pay for services positions rather than seeking state slots; however, they cannot be served because Reach's facility is so full. Mr. Brad Johnson indicated he works as a quality assurance specialist for the State. He noted that he has watched Reach's program grow over the past 21 years, and he has witnessed the beginning of behavior issues as the facility has become crowded. He endorsed this application, noting that the new facility will allow Reach to better serve its clients. Mr. Rob Tallon, Executive Director of Reach, thanked the City for its support over the years, including low and no interest loans, the donating of property, and allowing the current facility to use adjacent City property as a recreation area. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission authorize and direct staff to proceed with submittal of a formal application for CDBG monies to fund a public facilities grant for Reach, Inc. 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. Break - 3:55 to 4:00 p.m. Mayor Kirchhoff declared a break from 3:55 p.m. to 4:00 p.m., to rearrange for the work session with the Historic Preservation Advisory Board. Work session - Historic Preservation Advisorv Board In addition to the Commissioners, the following were present. City staff - Planning Director Andy Epple, Historic Preservation Planner Hillary Hertler Historic Preservation Advisory Board members - Thomas Bitnar, Mara-Gai Katz, Ben Lloyd, liza Nicholas, Jeff Rupp, Dick Shanahan, Melissa Summerfield, Steve Tanner, Dede Taylor, Jim Webster and Todd Wilkinson. Mr. Jim Webster distributed minutes from the Board's annual retreat held on January 25, 2003. Mr. Todd Wilkinson noted that the SAE Mansion has been the Board's main focus recently, although other issues of interest have included the East Willson School, Arch Park, and planning for Preservation Days in June. He suggested that the Board provide quarterly or semi-annual progress reports to the Commission on the various issues it is tracking. Mr. Jim Webster recognized that, with City ownership of the SAE House, there will be a greater sense of urgency for that project. He then noted the East Willson School has come back into focus; however, the Board has determined it will not ask the City to take on that project at this time. He indicated that the Board is working with the library on the idea of incorporating the depot structure into the design, particularly since the railroad coming to Bozeman in 1883 was a major event. Also, the Board has been watching the Opera House/Arch Park issue with interest, particularly since the stones were salvaged when the building was torn down in 1966. He then stressed that the Board is not "a radical organization that will go to the mat for every brick, every board and every nail in the city;" rather, it carefully prioritizes projects and chooses those that will have the biggest impact and deliver the greatest possible good for the community. He indicated that the Board's goal is to educate and foster a preservation atmosphere in Bozeman; and Preservation Days, with its awards, tours and talks, has become a rather major event in the community over the past few years. Mr. Ben Lloyd noted that the City's website could be helpful in the Board's efforts; however, he expressed concern that it is difficult for them to get to it and manage it. 04-14-03 ---.-..------- -6- Ms. Dede Taylor cited the demolition of the Firestone building as one of the issues that got the Board to actively consider mechanisms for ensuring that properties worthy of preservation are protected whenever possible. Responding to questions from Commissioner Cetraro, Historic Preservation Planner Hillary Hertler stated that the Board is introducing a sign award this year, to honor signage reflecting the history of Bozeman as well as its progression. Mr. Todd Wilkinson noted that the National Trust has begun identifying structures from the golden era of the 1950s and 1960s with historic significance and is encouraging local boards to be cognizant of those assets. Mr. Dick Shanahan stated he feels the historic preservation efforts in the community are working, noting that people are more conscious of those amenities and are working to take care of them. He noted that when he was in Washington, D.C., on March 6, he visited with the congressional delegates and found the Story Mansion/SAE House in Bozeman is a well-known structure. Mr. Todd Wilkinson noted that a myriad of options are now available to the community and the Board that were not available before the Commission's vote to purchase the SAE House. He indicated that this has now become a priority for the Board and expressed their intent to come back with three options, including managing the site with appropriation, managing the site without appropriation, and remarketing. He noted that their sister board on the County side has set aside a couple thousand dollars for development of a business plan. He also noted the Board will come back with a recommendation for the composition of a task force that includes representation from MSU, the City, the community, and possibly the business community. Mr. Jim Webster noted the Board has local expertise and will also rely on the expertise of those in the State Preservation Alliance as well as the National Trust. He then noted that it is important to not lose the momentum that has been gained with City acquisition of the SAE House. He indicated that one of the questions that must be answered by the Commission is whether the property is to generate the cash flow to maintain itself or if it is viewed as a community asset that isn't required to fund itself. Commissioner Brown noted that he, personally, sees the City owning the facility on a short-term basis. Also, he views it as a start-up business and does not expect the property to support itself for the first few years. Responding to Mr. Webster, Commissioner Brown indicated that he views the City as providing bridge financing for the SAE House and does not envision an on-going commitment by the City for its upkeep. Commissioner Cetraro noted each Commissioner has a different vision for the property and that it is now up to the Board to prepare and present a plan to the Commission for its consideration. Mr. Todd Wilkinson noted that, at the first meeting of the task force, Dr. Gamble indicated that it would be inappropriate for MSU to assume management of the property because of all the hoops that would be required. He stated, however, that MSU would be interested in providing expertise and assistance in operating the facility. He then indicated that the Board has received requests for use of the facility, including the Sweet Pea art show, and asked if those requests are to be funneled to the Commission. City Manager Johnson responded that all requests for use of the facility should be funneled to him. Ms. Dede Taylor asked how cleanup of the facility is to be started. Mayor Kirchhoff stated that cleanup of the facility will be under supervision of the City Manager, but the issue of continued maintenance is one to be addressed. He suggested that it would be good to put the house to use as soon as possible. He stressed that the City cannot assume the costs of maintenance, particularly in light of the fact that it does not have the monies necessary to maintain existing facilities, such as tennis courts and parks. Mr. Wilkinson indicated the Board would be willing to make recommendations for short-term use of the property. He noted that, in the past, the property has been off limits to the general public and the 04-14-03 ..-..-------- - 7 - community still views it as a site with a chain link fence. He cautioned that incursions may occur now that the property is being acquired as a public site, and it would be beneficial to have ground rules in place. Mayor Kirchhoff turned the discussion to options that might protect other historic structures from demolition, citing the Firestone building as an example. He expressed concern that the structure was demolished immediately upon approval of the application for a new structure, but no new construction has occurred to date. Ms. Mara-Gai Katz cited the Silent Knight Muffler building as another one demolished years before any new construction occurred on the site. She voiced concern about the demolition law, which only results in a delay in removal of a building. She suggested that on the local level, it might be appropriate to consider tying the removal of a building to the construction of a new building within a certain period of time. Mr. Ben Lloyd suggested that incentives for maintaining at least part of the facade of the original building be considered. Ms. Mara-Gai Katz cited the depot at the new library site as another situation to be carefully monitored. Historic Preservation Planner Hertler expanded on that issue, noting that CTEP funds could be used to help preserve the depot; and demolition of the depot could significantly reduce opportunities for state and federal monies to assist in the project. Mr. Thomas Bitnar noted there seems to be a crusade to "topple every Fred Willson building" and that is a concern since he was one of Montana's most amazing architects. He stated that Bozeman should be proud of Mr. Willson's work and should be marketing his good architecture. He cited demolition of the Firestone building and the contemplated demolition of the stack on the physical plant at MSU as recent examples. Mr. Jeff Rupp stated that the Armory will probably be the next issue to be forwarded to the Commission, although the City's role will likely be less than it has been for the SAE House. Commissioner Brown suggested that the lack of parking could give the City the upper hand in the re-use of the Armory building. Mr. Todd Wilkinson stated that the Opera House park remains another issue to be addressed, and asked for Commissioner feedback on that issue. Grants Administrator Sara Folger stated that a total of $136,000 is available through the CTEP program for reroofing of the East Willson School. She noted that the School District has now shown interest in proceeding with that project to keep the facility dry and stop any damage that might result from the leaking roof. She stated the building is currently used for secure storage and is no longer occupied by office space because there is no disabled accessibility and no sprinkler system. She then reported on the Opera House Park project, noting that her investigation has revealed there is $99,000 in the budget for this project, not the $200,000 that she was told was available. Planning Director Epple reminded the Commission that monies can be reallocated to any CTEP- eligible project. Mr. Jim Webster asked if the Commission would like to receive copies of the minutes from the Board meetings; Mayor Kirchhoff responded in the affirmative. Mayor Kirchhoff concluded the work session by thanking the Historic Preservation Advisory Board members for taking time to meet with the Commission. Recess - 5:10 p.m. Mayor Kirchhoff recessed the meeting at 5:10p.m., to reconvene at 7:00 p.m. to conduct the scheduled public hearings. 04-14-03 -8- Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Public hearina - Maior Site Plan - Architecture Desianworks Company for John Leddick - allow construction of a 19-unit residential condominium development on Lot 5. Block 5. Cattail Creek Subdivision. Phase I (2950 Warbler Way) (Z-03037) This was the time and place set for the public hearing on the Major Site Plan requested by Architecture Designworks Company on behalf of John Leddick under Application No. Z-03037, to allow the construction of a 19-unit residential condominium development on a 1.626:t-acre parcel of land described as Lot 5, Block 5, Cattail Creek Subdivision, Phase I. The project is known as Trademark Condominiums and is located at 2950 Warbler Way. Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted this is the second major site plan to be considered in Cattail Creek Subdivision and is for the lot adjacent to the first project. He gave an overview of the application, which is for 19 condominium units to be constructed in four four-plexes and one tri-plex. The Senior Planner stated that staff has reviewed this application in light of the applicable criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report that was included in the Commissioners' packets. As a result of that review, he noted that staff has forwarded a recommendation for approval, subject to several conditions. He noted that the project is located adjacent to the public park, and pedestrian access is proposed from this development to the park. Also, the project generally meets the intent and purpose of the landscaping and architectural guidelines for Cattail Creek Subdivision, and the applicant has received written approval from the design review board of the homeowners' association within the subdivision. He indicated that parking is proposed in the interior of the condominium development, which has generated some discussion and concern. As a result of those discussions, additional gable roof details, recesses and depressions on the corners of the buildings are to be provided to break up the facade of the buildings next to the street since they are actually oriented to the interior. Responding to Mayor Kirchhoff, Senior Planner Skelton confirmed that the back of the buildings actually faces on the streets. He indicated that detailing similar to the front of the buildings is to be added to the backs of the buildings, and gable details have been included to break up the rooflines. Responding to Commissioner Brown, the Senior Planner confirmed that access to the condominiums is via a driveway from the street and that all garages are on the interior of the project. Mr. Ron Yaw, architect representing the applicant, stated that the parking for this project meets the code requirements, with most of that parking being provided in the garages and driveways of the individual units. He then stated the design is based on a European village style, with a central courtyard that tends to keep the functions of the complex within itself. He concluded by noting that access to the public park has been designed to make it easy for all units to gain access to that parkland. No one was present to speak in opposition to the proposed project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Site Plan requested by Architecture Designworks Company for John Leddick under Application No. Z-03037, to allow the construction of a 19-unit residential condominium development on a 1.626f:-acre parcel of land described as Lot 5, Block 5, Cattail Creek Subdivision, Phase I, be approved subject to the following conditions: 1. 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 04-14-03 -9- drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. The Maintenance Plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. 2. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality (DEQ). The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 3. Sewer services shall connect to a sewer main (not a manhole), therefore sewer main extensions will to be required to provide service to the two buildings marked Bldg. Type "C". 4. 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. 5. The location of and distinction between existing and proposed sewer, water, and storm sewer mains need to be clearly depicted. A complete legend of all line types used shall also be provided. 6. An easement shall be provided for the water and sewer main extensions. The easement shall be 30 feet in width for two utility mains, with 10 feet between the mains and the edge of the easement. The easement shall be 20 feet in width for one utility main, with the main located in the center of the easement. 7. Trees shall not be located within the water or sewer easements. 8. A City Street Cut Permit shall be obtained prior to final site plan approval for installation of the water and sewer mains. 9. The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Sidewalk and/or Driveway and Curb Cut Permit shall be obtained prior to final site plan approval. 10. City standard sidewalk shall be installed and properly depicted at the standard location (Le., 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. 11. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 04-14-03 .... _._.u.., _.'''....___. ..- .-.---------.---.....-.. .-. - 10 - 12. All existing utility and other easements must be shown on the final site plan. 13. 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). 14. Drive approach and public street intersection sight triangles shall be free of plantings, which at mature growth will obscure vision within the sight triangle. 15. Two "No Parking Here to Driveway" signs will be required on Warbler Way on each side of the access driveway for the proposed development. 16 That the Landscape Plan delineates the location of all existing and proposed water and sanitary sewer service lines and main extensions, for review and approval by the Superintendent of Water/Sewer. 17 That the applicant provide written approval from the design review board of the homeowner's association for Cattail Creek Subdivision prior to final site plan approval. 18. That the site plan adequately dimension all two-way drive aisles, off-street parking back-up maneuverability, off-street parking spaces, disabled accessible parking spaces, sidewalks, and landscape islands to confirm compliance with the zone code, for review and approval prior to final site plan approval. The garage driveways must be a minimum length of twenty (20) feet to prevent partially parking in the two-way driving aisle. 19. The applicant shall provide written approval from local waste services for the collection and removal of solid waste and/or provisions for screening of collection refuse areas. 20. The applicant shall provide a common signage plan and legend for all signs proposed on said property depicting location, general style, size, area, materials, color, and method(s) of illumination, for review and approval by the Planning Office prior to final site plan approval. 21. That the applicant specify the exterior light fixtures, both free-standing and/or wall- mounted, to be used for exterior illumination of the project that also includes a typical manufacturer's "cut-sheet" detail of the fixture depicting the type of illumination bulb and illumination output to be used, for review and approval prior to final site plan approval. All exterior light fixtures shall be so arranged to direct light downward and/or away from any adjoining properties, shall not detract from driver visibility on adjacent streets, and shall not exceed a maximum height of twenty (20) feet from grade (i.e., free-standing fixtures). The applicant shall provide written approval from SANDAN, L.L.C., and Northwest Energy, to shift the designated location for installation of boulevard streetlights along Warbler Way. The site plan shall also delineate the proper relocation of said approved street boulevard light(s) along WarblerWayforreviewand approval by the Planning Office. 22. All retention/detention ponds located in the required yard setbacks shall not exceed a maximum slope of 1-in-4 and a depth of 1 Y:z feet (Le., 25% slope), that they be designed as a landscape feature in a non-geometric form, and that the ponds be revised accordingly on the final site plan. 23. That all roof-top and/or ground-mounted mechanical equipment shall be noted accordingly on the site plan and exterior elevations, and shall be properly screened from adjoining properties and public streets, and that typical details of all screening devices shall be noted accordingly on the site plan, for review and approval prior to final site plan approval. The exterior elevations shall delineate the placement and 04-14-03 - 11 - height of all rooftop mechanical equipment in relationship to the top of the parapet wall and/or screening device and the site plan shall locate all utility equipment, including ground-mounted mechanical power and telephone boxes, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to final site plan approval. 24. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file. 25. That the applicants 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. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 26. If occupancy of any 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, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 27. That 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. 28. That the applicant upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied. 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 - Maior Site Plan with Certificate of ADDroDriateness - SDringer GrouD Architects for David MacDonald - allow construction of two multi-tenant retail buildinas. one containina 1:3.500 sauare feet and one containing i5.700 SQuare feet. on Lot 8. StoneRidae PUD Maior Subdivision. Phase II (southwest corner of intersection of North 22nd Avenue and North 19th Avenue) (Z-03035) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness requested by Springer Group Architects on behalf of David MacDonald under Application No. Z-03035, to allow the construction of two multi-tenant retail buildings on Lot 8, StoneRidge PUD Major Subdivision, Phase II. The subject lot is known as 1910 North 19th Avenue and is located at the southwest corner of the intersection of North 22nd Avenue and North 19th Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated the subject property is bounded by Stoneridge Drive, North 22nd Avenue and North 19th Avenue. She noted that it lies within a Class I entryway corridor, which includes the requirement for a 50-foot landscaped setback. She drew the Commissioners' attention to the optional drive-through for Building B, noting the applicant does not have any tenants for that building but wants to retain the option. 04-14-03 - 12 - Assistant Planner Morris stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She reminded the Commission that the current zoning designation is "R-O," although a zone map amendment to change the zoning to "B-1" has been preliminarily approved and will be enacted upon adoption of an ordinance. She indicated that Condition No.1 would require that the zone map change be completed prior to final site plan approval. She highlighted some of the other recommended conditions for approval, many of which pertain to architectural features and landscaping. She then noted that a patio is proposed along the east side of Building B, and patios are not allowed along the North 19th Avenue corridor. Mr. Jesse Sobrepena, architect representing the applicant, stated his concurrence with the staff report and indicated a willingness to respond to questions. Mr. Dave MacDonald, applicant, noted that this project was designed after talking to several small local retail store owners. He expressed concern about Condition No. 1 as written and asked that it be revised to allow construction of the buildings, with the Certificate of Occupancy not being issued until after the zone change has been completed. No one was present to speak in opposition to the proposed project. Planning Director Andy Epple cautioned that the existing zoning designation does not support the type of development proposed on this lot. He indicated that staff is awaiting the documentation needed from the applicant to prepare the ordinance to enact the previously-approved rezoning, and he is uncomfortable with allowing the building to be constructed prior to the zoning process being completed. He proposed that, once the ordinance is finally adopted on second reading, the building permit could be issued even though the new zoning does not take effect for thirty days. To accommodate that change, he suggested the language in Condition No.1 be revised to read: "The ordinance enacting the zoning change from "R-Q" to "B-1" shall be finally adopted on second reading by the Commission prior to final site plan approvaL" He noted this change will then allow issuance of the building permit thirty days earlier than the condition as currently written would allow. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Major Site Plan with Certificate of Appropriateness requested by Springer Group Architects on behalf of David MacDonald under Application No. 2-03035, to allow the construction of two multi-tenant retail buildings on Lot 8, StoneRidge PUD Major Subdivision, Phase II, be approved sUbject to the following conditions: 1. The ordinance enacting the zoning change from "R-O" to "B-1" shall be finally adopted on second reading by the Commission prior to final site plan approval. 2. North 22nd Avenue and the applicable boulevard or lack of boulevard shall be accurately depicted in the engineered and architectural plans. 3. A letter of approval from the StoneRidge Subdivision Design Committee shall be provided prior to final site plan approval. 4. 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 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. 5. A materials sample board and color palette shall be provided with the final site plan for review and approval by the Administrative Design Review Staff. 04-14-03 ----.---... .-.,......-...---- . - --...---...,.----- -------- -13- 6. The landscape plan shall meet the minimum standards for landscape coverage as outlined in the StoneRidge Subdivision PUD Covenants and Restrictions. Section XII.C, "Landscape Coverage," requires a minimum of 40% of the lot to be devoted to landscape materials and Section XII.E.1, "Parking Lot Landscape Requirements," requires a minimum of 20 square feet of interior landscaped area for every parking space provided. 7. Low shrubs shall be planted under the large canopy tree located at the southwest corner of Building A. 8. More variety shall be provided for the layout of the plants around the building foundations. 9. Foundation plantings shall be provided on the parking lot side of Building A. 10. Tall evergreen shrubs shall be planted along the backside of the trash enclosure. 11. The final site plan shall be adequately dimensioned. 12. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. The stormwater for the portion of the parking lot that is being drained to 5toneridge Drive must be retained on site. 13. The North 19th Avenue greenway drainage must convey the design flow given in the original design report for the subdivision (note the record drawings show the existing pipe as being a 15-inch RCP). If the drainage is piped, there cannot be a patio installed as shown over the pipe. 14. The connection point of the 8-inch storm drain to the main pipe in the greenway swale must be revised so that it is not entering against the direction of flow. 15. 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. 16. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 17. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed." 18. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 19. 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. 04-14-03 - -.-. -".-..-- - 14- 20. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 21. All existing utility and other easements must be shown on the final site plan. 22. 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). 23. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 24. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 25. 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. 26. 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. 27. Light details for all proposed exterior lighting shall be identified on the final site plan. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A. 28. The patio within the North 19th Avenue setback shall be eliminated. As outlined in Section 18.43.060.C, "Parking, Building and Landscape Standards," and Section 18.54.110, "North 19th AvenuelWest Oak Street Entryway Corridors," only landscaping amenities are permitted within the fifty-foot Class I entryway corridor. 29. Per Section 18.49.070, "Landscape Performance Standards," a lot in the "B-1" zoning district must earn 15 points in addition to the mandatory landscape provisions outlined in Section 18.49.060. Two more large canopy trees within the parking lot would be sufficient to meet the landscaping requirements. 30. A fifteen-foot setback shall be provided from the property line adjacent to North 22nd Avenue. Per Section 18.50.060.C, "Special Yard Setbacks," the corner side yard for any corner lot not located on an arterial street is fifteen feet. 31. The Class I entryway corridor landscaping requirement is in addition to the landscape performance standards and the mandatory landscape provisions. According to Section 18.54.110.F.1.b, "Greenway Park," four shrubs, two small trees, three large deciduous shrubs and three large coniferous shrubs must be provided for every 100 feet of street frontage. 04-14-03 --- .. -.....-...--.------- -........-- - 15 - 32. The maximum allowable total signage in the "B-1" zoning district shall not exceed 80 square feet. One low profile sign is permitted with area not exceeding 32 square feet per Section 18.65.070.B, "Business and Office Zones." 33. Per Section 18.65.080. "Comprehensive Sign Plan," a comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan. The plan shall include the size and location of buildings and the size and location of existing and proposed signs. 34. Section 18.65.130, "Street Vision Triangles," states that signs shall not be placed in sight vision triangles as they are defined in Section 18.50.080 of this title. 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 hearing - Minor Site Plan with Certificate of Appropriateness - Apogee Architects for Rich Daem - allow construction of 9.845RsauareRfoot bank establishment on Lot 22. StoneRidae PUD Minor Subdivision. Phase liB. with deviation from Section 18.28.050. Bozeman Municipal Code. to allow parking lot to encroach 5 feet into the reauired 25Rfoot front yard setback (1336 Stoneridae Drive) (ZR03034) This was the time and place set for the public hearing on the Minor Site Plan with Certificate of Appropriateness requested by Apogee Architects on behalf of Rich Daem under Application No. Z-03034, to allow the construction of a 9,845-square-foot bank building on Lot 22, StoneRidge PUD Minor Subdivision, Phase liB, with a deviation from Section 18.28.050 of the Bozeman Municipal Code, to allow the parking lot to encroach 5 feet into the required 25-foot front yard setback. The subject property is known as 1336 Stoneridge Drive and is located at the southwest corner of the intersection of West Oak Street and North 19th Avenue. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Urban Designer Candace Honatke. He noted that under this application, a new bank building for First National Bank is to be constructed on a 5,900-square-foot footprint on the lot located at the southwest corner of the intersection of West Oak Street and North 19th Avenue. The subject lot is immediately north of the lot on which the proposed Wheat Montana building is to be constructed. He reminded the Commissioners that the bank and Wheat Montana will have a shared parking facility between them, through the execution of a joint parking easement agreement. The Planning Director stated that staff has reviewed this application in light of the applicable criteria contained in the zone code, and staff's comprehensive finding are contained in the written staff report. He briefly summarized those findings, noting that staff found the building has exemplary architectural detailing and will complement Wheat Montana. He then indicated that, even though it is not required south of West Oak Street, the applicant has continued the asphalt walkway path through this property in conjunction with the landscaping. Planning Director Epple stated that one deviation is being requested in conjunction with this application, to allow a 20-foot front yard setback along Stoneridge Drive rather than the 25-foot setback required under the zone code. He indicated that approval of this deviation is consistent with the setbacks required on other lots along Stoneridge Drive and the deviation previously granted for Wheat Montana. As a result, staff is forwarding its recommendation for approval of the requested deviation. Ms. Leah Shute, architect representing the applicant, voiced concurrence with the staff report. She noted that this is a high profile corner lot within the entryway corridor; and it is their intent to optimize the building frontages along both North 19th Avenue and West Oak Street and to minimize the impact of the drive-through lanes for the bank by locating them on the western side of the structure. To accommodate this design, the existing sewer easement that previously cut across the lot diagonally is to be relocated to 04-14-03 -------------- -16- the east side of the building. She indicated that most of the customer parking is to be located south of the building. Ms. Shute drew the Commissioners' attention to the design of the building, noting it includes flat roof and curved roof forms, and no gable forms. She noted that this will provide diversity and character within the StoneRidge Subdivision and will complement the new construction on the lot to the south. She indicated that, since this is a bank building, it will have a solid feel and provide the security needed for this type of facility. A significant amount of landscaping has been proposed to soften the appearance of the building and to minimize the impacts of the drive-through and parking. She noted that the swale along the lot is to be reworked to soften it in conjunction with the walking path and the landscaping. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Minor Site Plan with Certificate of Appropriateness requested by Apogee Architects on behalf of Rich Daem under Application No. Z-03034, to allow the construction of a 9,84S-square-foot bank building on Lot 22, StoneRidge PUD Minor Subdivision, Phase liB, with a deviation from Section 18.28.0S0 of the Bozeman Municipal Code, to allow the parking lot to encroach 5 feet into the required 25-foot front yard setback, be approved subject to the following conditions: 1. The final site plan submittal shall include a color rendering and a materials and color palette to confirm that the overall building scheme, as proposed, is compatible with architectural treatment requirements of the entryway corridor. 2. The architectural design is subject to review and approval by the StoneRidge Community Design Committee prior to final review and approval by the City of Bozeman. Applicant shall ensure that this review and approval has been met by the time of final site plan review. 3. A pedestrian link between the sidewalk on Stoneridge Drive and the building shall be implemented by way of a sidewalk or asphalt pathway. 4. The North 19th A venue 50-foot greenway corridor shall be landscaped and improved as outlined in Chapter 18.54.110 of the Bozeman Municipal Code. This will include, in addition to greenway landscape improvements, the need for additional parking lot screening between North 19th Avenue and the parking lot. The landscape plan shall be revised to include one more evergreen tree in the 50-foot greenway. This may be achieved by moving the Colorado blue spruce from the southeast side of the building and placing it in the greenway. A smaller, ornamental tree would be more appropriate for the location near the building. In addition, the landscape plan must specify that all areas not planted with trees, shrubs or living groundcover should be planted with a drought resistant "native grass" mix as suggested in Section 18.54.110.F.1.b(5). 5. The architectural elevations do not indicate any roof-mounted mechanical equipment. Applicant has been put on notice that all roof and ground-mounted 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. 6. This project is subject to the Mandatory Landscaping Requirements (Section 18.49.060), the Landscape Performance Standards (Section 18.49.070), Section 18.54.110 for the North 19th Avenue/West Oak Street Corridor Master Plan District and the conveyances of the StoneRidge Subdivision PUD "Development Manual." As such, applicant shall resubmit a new landscaping plan that meets the requirements of the documents listed above. A "Landscaping Worksheet" has been given to the applicant in order to facilitate meeting these requirements. (Please reference Condition of Approval NO.4 for the North 19th Avenue/West Oak Street requirements ). 04-14-03 ..-- .-.------.------------ -.---. - 17 - 7. According to Section 18.50.035.A, Bozeman Municipal Code, 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. 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 drip 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. 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. 13. 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. 14. 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. 15. All canopy trees shall be planted at least four feet from paved surfaces and parking areas per Section 18.49.060 of the Bozeman Municipal Code. 16. According to Section 18.50.035.A, Bozeman Municipal Code, lighting plan shall incorporate deflection of light downward and away from existing properties. All existing and proposed light fixtures and lamps must be designed within the code requirements. 17. All existing and proposed infrastructure and tie-ins shall be illustrated on the final site plan. 18. Applicant shall ensure that the design of an asphalt path to the east of the building site and along the North 19th Avenue corridor does not interfere with the conveyance ditch along this street. 19. Applicant shall provide at least one bench in a safe area on site for customer and employee use. 20. The final site plan shall be adequately dimensioned. 21. A Stormwater Drainage/Treatment Grading and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided 04-14-03 - 18 - 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. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 22. 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 lines or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 23. Sewer and water services shall be shown on the final site plan and approved by the Water and Sewer Superintendent. City of Bozeman application for service shall be completed by the applicant. 24. 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." 25. The drive approach shall be constructed in accordance with the City's standard approach (Le., 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. 26. City standard sidewalk shall be installed and properly depicted at the standard location (Le., one foot off the property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 27. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 28. All existing utility and other easements must be shown on the final site plan. 29. 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). 30. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 31. No building permits will be issued prior to City acceptance of all of the required infrastructure improvements for the Subdivision. 32. Hydraulic calculations must be submitted for the relocation of the drainage swale. The relocated swale must convey the design flow used in the original stormwater design report for the subdivision. Side slopes on the swale cannot exceed 4:1. 33. A Mutual Access easement will need to be executed by the owners of this lot and the lot to the south for the shared parking and drive aisles. Easements will be required to construct any of the improvements shown south of the property line. 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. 04-14-03 - 19 - Public review. preliminary plat for first minor subdivision - subdivide property described as the east 77 feet of Lots 1-6. Block 16. Park Addition. into two lots - C&H Enaineering for Melissa and Dennis Steinhauer. 404 West Curtiss Street lP-03006) This was the time and place set for public review of the preliminary plat for the first minor subdivision of property described as the east 77 feet of Lots 1 through 6, Block 16, Park Addition, as requested by C&H Engineering for Melissa and Dennis Steinhauer under Application No. P-03006. The subject property is located at 404 West Curtiss Street. City Manager Johnson recommended that this review be continued to April 21 , to give the Planning Board an opportunity to conduct its review and forward a recommendation. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that public review of this first minor subdivision be continued to April 21 to give the City Planning Board an opportunity to conduct its review and forward a recommendation. 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. Continued public hearina - Certificate of Appropriateness to allow construction of 515-sauare-foot shed on Lots 7. 8. 9 and 10. Block 15. Capitol Hill Addition. with deviations from Section 18.18.050. Bozeman Municipal Code. to allow proposed shed to encroach 15% feet into reauired 20-foot rear yard setback and 4 feet into reauired 5-foot side yard setback: and from Section 18.50.050. to allow accessory structure to OCCUpy more than 25 percent of the reauired rear yard - Scott Lawson. 405 West Cleveland Street (Z-03021 ) This was the time and place set for the continued public hearing on the Certificate of Appropriateness requested by Scott Lawson under Application No. 2-03021, to allow construction of a 515- square-foot shed on Lots 7, 8, 9 and 10, Block 15, Capitol Hill Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow the proposed shed to encroach 151,4 feet into the required 20-foot rear yard setback and 4 feet into the required 5-foot side yard setback; and from Section 18.50.050, to allow an accessory structure to occupy more than 25 percent of the required rear yard. The subject property is located at 405 West Cleveland Street. Mayor Kirchhoff reopened the continued public hearing. Assistant Planner Susan Kozub reviewed the information forwarded with her memo dated April 9, 2003. She stated that the applicant proposes to keep the same 515-square-foot shed, except that the roof is to be 2 feet 9 inches lower than originally proposed; and the structure is to be relocated so that it is 8 feet from the west property line. Also, the applicant proposes to construct a 4-foot-high picket fence along the west property line. Changes are also planned for the west elevation of the shed, to include windows and a stone base. The Assistant Planner noted that the most recent drawings show a stone base on the west, east and south elevations but not on the north elevation and suggested that the Commissioners may wish to add a condition that requires the stone base on that elevation if they feel it is important to extend the base around the building. She concluded by noting that staff has forwarded a recommendation for approval, subject to two conditions. The Assistant Planner noted that this project was the sUbject of a mediated meeting, and the notes from that meeting have been included in the packet. She then stated that staff sent letters to everyone who had participated in any of the processes to date or submitted comments on the project, informing them that the new plans were available for review; but no one has stopped by the office and no additional comment has been submitted. Mr. Scott Lawson, applicant, showed the Commission a copy of the original site map for this project and acknowledged that he erred when he measured from the original fenceline on the assumption that it was constructed on the property line. He recognized that this shed has taken on a persona of its own, but noted that he is supportive of the planning process. He indicated that moving the building to the east to provide an 8-foot setback from his property line and lowering the building by 2 feet 9 inches will allow more light on the property to the west, and he intends to provide a substantial amount of greenery in that setback area. 04-14-03 ------ -..--. ----..-....---...---......-... - 20- Ms. Sara Helfrich, 411 West Cleveland Street, noted she is the property owner to the west. She characterized this shed controversy as the most rancorous experience in which she has been involved and voiced concern about the Planning Department's role in the whole process. She also noted that the mediation was a 5~-hour meeting that "left everyone feeling tired, beaten up and hungry." She expressed a willingness to accept the compromise that results in moving the building to the east and lowering it, as long as the side facing her home is given the same design and landscaping consideration as the side facing the Lawson's home. She concluded by noting that, when she returns from a two-week trip, she hopes to see the beauty of her property restored. Responding to questions from Commissioner Youngman, Assistant Planner Kozub confirmed that board and batten siding will be used, noting that the shed has been unfinished to date. Responding to questions from Commissioner Brown, Mr. Scott Lawson stated that he has not yet decided whether to reconstruct the wood fence along the alley; and if he does, it will completely hide the base of the structure. He indicated that, if he does not reconstruct the fence, the stone base will be extended to include the north side of the building. Responding to Commissioner Brown, Planning Director Epple confirmed that the applicant must obtain a Certificate of Appropriateness for the fence, but a building permit is not required. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Scott Lawson under Application No. Z-03021, to allow construction of a 515-square-foot shed on Lots 7, 8, 9 and 10, Block 15, Capitol Hill Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow the proposed shed to encroach 15~ feet into the required 20-foot rear yard setback and 4 feet into the required 5-foot side yard setback; and from Section 18.50.050, to allow an accessory structure to occupy more than 25 percent of the required rear yard, be approved subject to the following conditions: 1. The applicant shall relocate the shed to the east so that it is no closer than 8 feet from the western property line and shall lower the overall height of the shed by 2 feet 9 inches, all as depicted on the revised site plan presented by the applicant on April 14, thereby eliminating the need for the aforementioned side yard setback deviation. 2. The applicant shall apply for another building permit that shows the accurate location of the accessory building within one year of Certificate of Appropriateness approval. 3. 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 zone code. 4. The applicant shall either: a. Continue the base stonework around the north elevation; or b. Apply for a Certificate of Appropriateness to construct a wood fence along the north elevation. 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. 04-14-03 --------- ----------- ------------- ....n.... ._._.__.n_____._.._..._. --------.---.--- - 21 - Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from the County Commission, dated April 8, encouraging that regularly scheduled quarterly meetings be held. Mayor Kirchhoff stated he will respond with a request that the full body of both Commissions attend these meetings, not just a majority of each Commission. Commissioner Youngman noted that the County Commissioners serve on a full-time basis and voiced concern about the proposal to meet from 11 :00 a.m. to 1 :00 p.m. She suggested, instead, that the meetings be set at a time that better fits City Commissioner schedules. (2) Letter of resignation from the City Planning Board, dated March 19, as submitted by Eric Lindeen. (3) Memo from Superintendent of Facilities and Lands James Goehrung forwarding the Cemetery Board's request for revisions to the cemetery fees, along with a draft resolution implementing those fees. The City Manager noted that this resolution will be placed on next week's agenda for action and encouraged the Commissioners to forward any concerns prior to that meeting. (4) Listing of planning projects to be considered at upcoming Commission meetings, dated April 9, 2003. (5) E-mail from the Bozeman Area Chamber of Commerce forwarding the legislative report for the week of April 14, 2003. (6) Minutes from the Community Affordable Housing Advisory Board meeting held on March 19, 2003. (7) Agenda for the School District No.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, April 14, at the Willson School. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 15, in the Commission Room. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 15, at the Professional Building. (10) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, April 15, in the Commission Room, along with notice that no Zoning Commission meeting will be held due to the lack of agenda items. (11 ) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, April 16, in the Commission Room. (12) City Manager Johnson announced that he will be attending a Clean Cities meeting this Friday, and he and Assistant City Manager Brey will be attending the Greater Open Spaces City Management Association (GOSCMA) meeting in Idaho Falls next Thursday and Friday. (13) City Attorney Luwe stated that he has been working with Dorothy Bradley on an interlocal agreement for a public defenders office that will serve all of the courts. He noted that, if possible, the office should be in place by July 1 and will hopefully result in fiscal benefits as well as administration of justice. (14) Commissioner Youngman noted that an applicant will be seeking support for a housing project to serve low, low income senior citizens and handicapped senior citizens adjacent to the housing project on West Oak Street immediately east of Bridger Peaks Town Center. She stated this is in response to the needs identified during review of the tax credit project proposed by Tim German. 04-14-03 - --- ---- - 22- (15) Commissioner Brown announced that he attended the Chamber of Commerce's Friday morning briefing last Friday, and noted that during a telephone discussion the Governor indicated one of the worst mistakes was the implementation of term limits in the Legislature. (16) Mayor Kirchhoff stated that the State of Idaho will be furnishing this year's Christmas tree for the White House. Since the tree will be passing through Bozeman, he has received information on the tree and a suggestion that Bozeman may wish to sponsor a warm and cheerful event in late November as the tree passes through. In light of favorable response from the Commission, the Mayor asked the Clerk of the Commission to inquire about the particulars of such an event. Adiournment . 8:00 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. ST~R~~~ ATTEST: GJ~J~ ROBIN L. SULLIVAN Clerk of the Commission 04-14-03 - .n.._ .._...__