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HomeMy WebLinkAbout2003-03-17 Minutes, City Commission, WORK MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 17, 2003 ***************************** At 4:00 p.m., a majority of the Commissioners participated in an informal work session to review proposed SB368. Those present were Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Andrew Cetraro, Mayor Steve Kirchhoff, City Manager Clark Johnson, Planning Director Andy Epple, Associate Planner Chris Saunders, Director of Public Service Debbie Arkell, City Engineer Rick Hixson, Administrative Services Director Miral Gamradt and City Attorney Paul Luwe. Informal work session - SB368. Montana Imoact Fee Act City Manager Johnson stated that he is serving on a sub-committee comprised of three representatives from cities and three representatives from the Montana Building Industry Association to propose amendments to Senate Bill No. 368 that are acceptable to both parties. The sub-committee will then submit its proposal to a sub-committee of the House Local Government Committee for their review and approval prior to the bill being sent to the Committee for its review and action. The City Manager noted that the latest draft of the bill reflects all of the changes that have been made to date; those in red are proposed revisions on which consensus has not yet been reached. He then began review of the bill, encouraging input from both Commissioners and staff. The City Manager noted that the homebuilders want to make sure that they are not paying for impacts twice, through different programs; and that is a recurring theme throughout the bill. As a result, they have requested a definition for "connection charge" that limits those charges to the actual costs of the connection. Under "facilities plan," Associate Planner Chris Saunders suggested that the term be made singular, so that the various activities are separated. The City Manager noted that there is confusion about the meaning of the term "facilities plan," and it seems the homebuilders interpret it as the impact fee study. As a result of discussion, it was recognized that definitions must be included that make sense to everyone and that the impact fee studies and the impact fees themselves must be maintained separately so they can be easily be addressed individually. City Attorney Luwe suggested that the phrase "as a condition of development approval" be eliminated throughout the bill since many counties do not have that type of approval process. The City Manager stated that the definition of "public facility" has also been a struggle for the sub- committee and voiced his preference for a definition that includes exceptions, if necessary, rather than a definition that includes only a select few activities for which impact fees can be implemented. He then noted that the various cities represented on this sub-committee have different ideas on what activities should or could be subject to impact fees. He stated that the developers are concerned about impact fees for parkland, since they feel it would be double dipping to require the land dedication and then require an impact fee for development of that parkland. As a result of discussion, staff asked that "d. stormwater" be added to the list of allowed impact fees under the definition of "public facility." During discussion of the bill, staff and the Commissioners identified various sections that need revision to avoid potential conflicts with the authority of boards already in place and to more clearly reference documents currently in place, such as the growth policy and facility plans. Also, suggestions were made to modify administration of the program to ensure that best practices are used, rather than identifying a specific procedure that may soon become outdated. Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff left the meeting by 5:25 p.m., and the work session ended at 5:40 p.m. 03-17-03 . ...-- .--.-.-------.------------- ----.... --.--..... -.---- - 2 - Call to Order The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 17, 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 Patricia Day-Moore 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 March 10.2003 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, November 22, 2002, and March 10, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3580 - establishing rates for water charges. effective on the April 1. 2003. billing COMMISSION RESOLUTION NO. 3580 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 3581 - establishin9 solid waste collection fees. effective on the April 1. 2003. billina COMMISSION RESOLUTION NO. 3581 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES WITHIN THE CITY OF BOZEMAN. Commission Resolution No. 3582 - establishing the types of waste oermitted at the City's landfill and affirmin9 the landfill fee schedule. effective April 1. 2003 COMMISSION RESOLUTION NO. 3582 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE TYPES OF WASTE PERMITTED AT THE CITY OF BOZEMAN LANDFILL AND AFFIRMING THE LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. Ordinance No. 1591 - providing for assessment of fees for cutting of streets: finallv adopt ORDINANCE NO. 1591 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 12.12.030 OF SAID CODE, PROVIDING FOR ASSESSMENT OF FEES FOR CUTTING OF STREETS. 03-17-03 __....._n__..._...._...._._____ -.--..------ - 3- Commission Resolution No. 3583 - establishina tees and reauirements tor permittina excavations in public riahts-ot-wav COMMISSION RESOLUTION NO. 3583 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, ESTABLISHING fEES AND REQUIREMENTS fOR PERMITTING EXCAVATIONS IN PUBLIC RIGHTS-Of-WAY WITHIN THE CITY Of BOZEMAN. Authorize Mavor to sign - Revised Bvlaws tor the Senior Citizens' Advisory Board. dated March 6. 2003 Authorize City Manager to sian - Lease between City and Humane Society of Gallatin Vallev for premises located at 2125 North Rouse Avenue for twenty years Authorize City Manaaer to sian - Professional Services Aareement with Marvin and Associates. Billinas. Montana - traffic signal installation and related improvements at intersection of South Willson Avenue and West Colleae Street Authorize City Manager to sian - Professional Services Agreement with Thomas. Dean and Hoskins. Inc.. Bozeman. Montana - enaineerina design services for widenina of North 19th Avenue from Baxter Lane to Vallev Center Road and tor Valley Center Road from North 19th Avenue to North 27th Avenue Acknowledge receipt of application from Montana Association of Seventh Day Adventists for annexation of 9.036 acres lying between Haaaertv Lane and 1-90 at Ellis Street extended: refer to staff Buildina Inspection Division report for february 2003 Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Ordinance No. 1592 - revisina Section 12.22.050 of the Bozeman Municipal Code. allowina certain permits in the downtown area to carry $1 million insurance coveraae Previously included in the Commissioners' packets was a copy of Ordinance No. 1592, entitled: ORDINANCE NO. 1592 AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 12.22.050 AllOWING CERTAIN PERMITS IN THE DOWNTOWN AREA TO CARRY $1 MilliON INSURANCE COVERAGE. Distributed just prior to the meeting was a letter from David Smith, Chief Executive Officer of the Bozeman Area Chamber of Commerce, dated March 17, expressing strong support for the ordinance. In the letter, he recognized the value of the sandwich board signs in the downtown area and asked if the ordinance could also be applied throughout the community. Staff Attorney Patricia Day-Moore gave a brief overview of the ordinance and the reason for decreasing the insurance requirements for sandwich signs only. 03-17-03 -4- Director of Public Service Debbie Arkell responded to the questions raised by the Chamber of Commerce. She noted that this ordinance is specifically written for the downtown area, and the size of the sandwich board sign is not applied to the overall signage allowed for the business. The code does not allow encroachments, particularly signs, in the public right-of-way in other areas of the community. If a sign is located on private property, it counts toward the signage for that property; and only one freestanding or portable sign is allowed per business. Furthermore, an off-premises sign is not allowed except with a special permit. No one from the public spoke in support of or in opposition to the proposed ordinance. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No. 1592, revisin~ Section 12.22.050 of the Bozeman Municipal Code to allow certain permits in the downtown area to carry 1 million insurance coverage, be finally adopted. 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. Presentation from Historic Preservation Advisory Board for financial SUDDort to Dreserve the Storv Mansion Included in the Commissioners' packets was a memo from City Manager Clark Johnson, dated March 13, 2003. Distributed just prior to the meeting was a letter from the Montana Alpha Building Association of Sigma Alpha Epsilon, dated March 17. Mr. Ben Lloyd, Vice Chair of the Historic Preservation Advisory Board, noted that the Board was an outgrowth of the civic pride in the State's centennial and, over the years, it has evolved into an educational entity and advisory to the Commission. He stated that the T.B. Story Mansion is a beautiful Victorian home located on a full city block, one of only four remaining in the state. He noted that the mansion was built in 1912 as the home of T. Byron Story; and in 1922, it was sold to the Sigma Alpha Epsilon fraternity. Due to changes in fraternities over the years, the fraternity is now required to sell the home and create a more cost effective living environment reflective of today's needs. Mr. Lloyd noted that this property was placed on the market two years ago, and the only possible alternatives for sale have involved subdividing of the property and destroying many of its irreplaceable characteristics. In light of the concerns that arose regarding those potential developments, the SAE preservation task force, a group which includes several Board members and concerned citizens, was created. As a result of their diligent work over the past few weeks, the Board is requesting that the City craft an offer for purchase of the mansion and grounds. Furthermore, the Board is requesting that the City establish an historic preservation grant program and fund it with $250,000 initially. He noted those monies could then be made available for qualified properties and assist preservation-minded purchasers. He acknowledged that these two proposals seem to have arisen quite rapidly, but they are the culmination of two years of work by the Board and are being submitted now because of the opportunity that has arisen. Responding to Mayor Kirchhoff, Mr. Lloyd noted that the proposed grant program could be used for facilities such as the East Willson School and the Ellen Theatre. He then turned his attention to the SAE House, noting that the Board has forwarded the request for the City to purchase it because of the time sensitive issues. He suggested that the City would serve as an intermediary and could possibly relinquish to a public/private venture at a later date. He also noted that donations could be sought from the community, and revenues generated from use of the facility could help to offset part of the initial investment. Mr. Todd Wilkinson, Chair of the Historic Preservation Advisory Board, noted that he views the SAE House as a two-part process. The first step is to acquire it and the second step is to restore it. The cost of restoration is estimated at $2 to $2~ million, and he noted there are federal funds available to assist in that process. He then indicated that, once the property is acquired and restored, it could be operated through a 501 (c)(3) corporation. He noted that this type of approach has been used in other places and they have enjoyed high occupancy rates, particularly when a hired manager is involved. Mr. Jon Gerster, member of the Historic Preservation Advisory Board, characterized the Story Mansion as a rare jewel for the state, and stated there is strong local interest in creating a use for this high character historic building. He noted that the community now has an historic opportunity and is at a crossroads for historic preservation. He stated the Board has done a great job in educating the general 03-17-03 ____... ___"._ ..__on_ - 5 - public on the value of historic places. The community is now at risk of losing character defining buildings, and he views the Story Mansion as the poster child for historic preservation. He concluded by encouraging the Commission to be part of the creativity in preserving this property. Mr. Jim Webster, Historic Preservation Advisory Board, stated many good ideas have come out of the task force meetings, and he assured the Commission that no one has taken for granted that the City would be the white knight. He suggested that if the City were to help acquire the property, members of the community would be willing to assist in finding monies for restoration of the facility and to put together a plan that would lead to the cash flow necessary to operate it. He stressed that the Story Mansion is a one of a kind property, and that the City's assistance in acquiring it would be reflective of what has made it an "All America City." He concluded by encouraging the City to take an active role in the acquisition of the property, giving the community one more asset that makes it stand out over other communities in the state. Ms. Wren Bade, 304 South 9th Avenue, stated she is currently working as a laborer tearing down a barn behind the Town Pump that was constructed with square nails in the late 1800s. She recognized that retaining that barn and using it for agricultural education for the youth of the community would have been preferable to tearing it down, and encouraged the Commission to take steps necessary to save the mansion since it is a vital asset to the community. Ms. Rachel Wallace, 401 South Wallace Avenue, stated she was head of the Missouri Headwaters Preservation Trust, which had previously tried unsuccessfully to obtain the SAE House. She voiced her support for the Board's request and indicated that she is ready to provide assistance in any way she can. She then encouraged the Commission to give favorable consideration to this request. Mr. Ray Rasker, 811 South Grand Avenue, suggested that the SAE House could serve as a good tie between Montana State University and the downtown, both through its location and use. He noted that it could serve as a place for University exhibits and guests and would be readily available to the public. From an economic development perspective, he noted that many business leaders look for social capital in a community; and to preserve this historic facility through a cooperative and innovative effort would enhance that element. Mayor Kirchhoff read the letter from the Montana Alpha Building Association of Sigma Alpha Epsilon into the record. He noted that it includes an offer for the City to purchase the property under the following terms: purchase price of $1 ,350,000, with no contingencies attached. The offer is open until 1 :00 p.m. next Tuesday, with the closing to be completed within 45 days. Responding to Mayor Kirchhoff, City Manager Johnson stated he needs additional information on whether the City would be simply expending the $1 ,350,000, or if it could anticipate some of those monies being returned through community efforts. He acknowledged that the City could afford to purchase the property, although it would be stressful, particularly if the City could not be assured that a portion or all of that purchase price would be recouped within twelve months. He suggested that, during its ownership, the City could take some steps to assure that this property is preserved, including replatting to remove the 26 lots that the mansion currently sits on, making it one large lot, and adding deed restrictions that include public access. Also, the City's Forestry crews could trim the trees and make the site more attractive. He recognized the SAE's interest in preserving this property and their inability to find a preferential buyer, and suggested that the City could possibly take a little more time to do so. Mayor Kirchhoff noted that this is an opportunity for the City to be proactive, rather than simply watching the various activities that have taken place around this site. He stressed that, whether the City purchases the property and retains it either solely or through a public/private partnership or simply brokers a purchase and resale, it will involve a substantial investment. He stated that, above all, he sees this as a rare event for the community. Commissioner Cetraro stated that, while he has seen a lot of different visions and "maybes," he needs a business plan and who the potential players would be before making a decision. He noted that he has trouble grappling with how purchase of this property would fit into the City's policy direction and its top five goals. He indicated that he would like to entertain the Historic Preservation Advisory Board's suggestion that the City create and fund a long-term program for encouraging preservation of historic buildings and sites, but identified the need for a plan that shows how entities will be held accountable for their actions. He also questioned whether it is the City's business to purchase real estate, particularly without a business plan and an idea of how to recover those costs. 03-17-03 ____._.. .u___ ...____. .-- - -- .-.. ----.-----,,-.---.------.,,---. ___.u...__._....___ - 6 - Commissioner Brown stated this is a unique opportunity for the City to participate and, while he recognizes the City is being asked to do more than its share, he's willing to pursue the concept. He suggested an alternative would be for the City to identify a maximum obligation, such as $1 million and, if the community does not raise the additional monies to retain it, the property could be resold. He stressed that it would be unreasonable to expect the City to pay for upkeep on the property, except possibly for a very short period of time; and restoration will be extremely expensive. He then stated he is not in favor of establishing an endowment for the Historic Preservation Advisory Board at this time. Responding to Commissioner Youngman, City Manager Johnson stated that, if the City's financial obligation was for a period of twelve months or less, it could be accommodated through the reserves without negatively impacting the annual budget; however, if the obligation was for more than twelve months, it would have an impact on other City programs. He then stated that if the Commission obligates a specific amount of money for the acquisition of this property, that will affect other anticipated one-time purchases from the general fund. Responding to Commissioner Cetraro, City Manager Johnson noted that the Missouri Headwaters Preservation Trust had previously projected that it could operate the facility on the revenues it would generate. He indicated that, if this property is to be acquired for community use, the plan must be a community plan and suggested that the Historic Preservation Advisory Board could take an active role in helping to develop that plan. Commissioner Hietala noted that he served on the Historic Preservation Advisory Board for six years and is partial to the cause. He recognized that there have not been any monies made available for preservation of significant historic buildings but, before he commits $250,000 to a program, he wants the benefit of the information that the Board has developed regarding sources offunding that might be available. He turned his attention to the possible purchase of the SAE House, noting the City has received criticism lately for trying to get into the real estate business. He indicated that he could support venturing into a situation on a temporary basis; however, he feels the Commission should take the next week to think about the impacts of expending $1.35 million in this way. Mayor Kirchhoff stated that he feels acquiring the property, making the changes necessary to ensure preservation of the property, and then selling it would result in a community benefit at a very low risk to the City. Commissioner Cetraro cautioned that if the City retains the property for over a year, it will have adverse effects on the services that the City provides, and he does not believe that is in the City's realm of work. He suggested that the free enterprise system should be allowed to address the situation, rather than the City becoming involved. Commissioner Youngman cautioned that the offers for purchase of the property so far have involved changing it and not preserving its historic integrity. She suggested that the changes on platting and the deed restrictions that have been discussed could help to ensure the protection of the property. Commissioner Cetraro responded that, without a plan, everyone has a different vision for this property. Commissioner Youngman suggested that, during City ownership of the property, a community vision could be defined. She suggested that deadlines for a plan and recovery of the purchase price could be set to assure that the City's budget and services are not negatively impacted by this action. She suggested that, in the long term, a public/private partnership may make sense, particularly in light of the various funding programs available for historic preservation. Mr. Todd Wilkinson noted that, at its first meeting, the task force addressed many of the questions and issues raised during this discussion. He then stated that the Missouri Headwaters Preservation Trust made a valiant effort to raise the monies to acquire this property; but in a community where monies are being sought for various facilities, including a new library and a performing arts center, and where philanthropic dollars are scarce, it was not possible. He suggested that the Commission not look at this as a massive one-time cost but that it look at the cost spread out over a decade or a number of generations. He stated that the Story mansion is central to the community's ambiance and leaves a positive impression. He stressed that acquisition of the property is the biggest hurdle that the community faces and suggested that if the City would participate, the community could then become actively involved. He concluded by 03-17-03 .---.-......--.. . .-...-. - 7 - noting there are many successful public/private ventures in the country that have resulted in preservation of historic facilities like this. Commissioner Cetraro noted the City has a plan and needs to stick to it, and an adjustment in vision and policy direction is needed to accommodate this proposal. He then stated he is not prepared to make a decision tonight. Commissioner Youngman noted that next week's agenda is very full and cannot accommodate continued discussion on this issue. She suggested that, if the SAE board can bend slightly, the Commission could defer this until the March 31 agenda. Break ~ 8:20 to 8:28 p.m. Mayor Kirchhoff declared a break from 8:20 p.m. to 8:28 p.m., in accordance with Commission policy. Presentation from Historic Preservation Advisorv Board for financial support to preserve the StOry Mansion (continued) Mayor Kirchhoff stated he does not feel eight days is ample time to make a decision and begged the SAE for more time to consider the proposal. He then indicated a willingness to consider this at the March 31 meeting. Commissioner Brown noted he does not feel that the agenda item as stated adequately reflects the proposal for the City to spend over $1 million, and public comment should be accepted prior to a decision being made. Mr. Dick Stefani, Montana Alpha Building Association of Sigma Alpha Epsilon, stated that he must go back to the board to see if the delay is acceptable. The Commissioners agreed to consider this item further at the March 31 meeting. Reauest from the Community Affordable Housina Advisorv Board for fundina to expand the scope of the housina study by Bay Area Economics (BAE) Included in the Commissioners' packets was a copy of an e-mail message from Paul Peninger, Bay Area Economics (BAE) to Caren Roberty, dated March 7, responding to a request to expand the scope of work for the affordable housing needs assessment and development plan. Ms. Caren Roberty, staff person for the Community Affordable Housing Advisory Board, forwarded the Board's request that up to $5,000 be authorized for a financial feasibility analysis for affordable housing implementation plans to be added to the affordable housing needs assessment and development plan currently being prepared by Bay Area Economics. She noted that this would provide some of the statistical information requested by the Commission and provide the nexus to address affordable housing issues. She then stressed that much of the additional information requested by the Commission during the presentation of the draft study will be addressed under the original contract. Responding to questions from Commissioner Brown, Ms. Roberty indicated she is unsure of what form the projections will take. Commissioner Cetraro voiced concern that there seems to be a lot of uncertainty about where the various advisory boards are headed. Also, he is not impressed with the work done by BAE to date, particularly since he had hoped it would provide more direction and more information. Commissioner Youngman stated she has been delighted with the Board's work over the past few months and their willingness to think creatively about affordable housing issues and addressing the need. She acknowledged that the rough draft was missing some elements and noted that the additional information should make it more useful. 03-17-03 ------ - 8 - Responding to questions from Commissioner Cetraro, Ms. Roberty stated the cost of the original study was $15,000; and this proposal would raise that to $20,000. Commissioner Cetraro voiced concern that, when looking at innovative and creative solutions, it seems the only aspect considered is how the City can help and not how private developers can help. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission authorize the expenditure of up to $5,000 from the Community Affordable Housing Fund to expand the scope of the housing needs study being prepared by Bay Area Economics. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Continued Dublic hearing ~ Minor Site Plan with Certificate of ADDroDriateness to allow construction of 3,400~sauare~foot buildina on Lot 21. StoneRidae Subdivision PUD. Phase liB. with deviation from Section 18.28.050. Bozeman MuniciDal Code. to allow Darkina lot to encroach 5 feet into the reauired 25~foot front yard setback ~ Jeff Riaas (Wheat Montana. 1262 StoneRidae Drive) (Z~03011) This was the time and place set for the continued public hearing on the Minor Site Plan with Certificate of Appropriateness requested by Jeff Riggs under Application No. Z-03011 , to allow construction of a 3,400-square-foot building on Lot 21, StoneRidge Subdivision PUD, 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 located at 1262 Stoneridge Drive. Mayor Kirchhoff reopened the continued public hearing. Urban Designer Candace Honatke presented the staff report. She briefly reviewed the proposal to construct a Wheat Montana franchise deli on a lot located between Stoneridge Drive and North 19th Avenue, just south of West Oak Street. In conjunction with this development, the applicant is seeking a deviation to allow the parking lot to encroach 5 feet into the 25-foot front yard setback along Stoneridge Drive. She indicated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She stated that those lots to the south of this lot have a 20-foot front yard setback from Stoneridge Drive, and the application for development of the lot to the north also includes a requested deviation to allow for a five-foot encroachment into the setback. She indicated that approving the deviation will result in a more uniform appearance from Stoneridge Drive and will allow more room for parking on a site that has many constraints. The Urban Designer noted that the Design Review Board reviewed this application and found the project to be exciting, particularly along the North 19th Avenue corridor. Because some of the materials are different from those being used within this entryway corridor, the Board suggested increased landscaping and buffering to minimize the impacts of this development. She concluded byforwarding a recommendation for approval, subject to 35 conditions. Responding to Commissioner Brown, the Urban Designer confirmed that the parking lot to the north of the structure is to be shared with First National Bank of Montana, with that parking being subject to an agreement. Mr. Jeff Riggs, applicant, assured the Commission that the appropriate easements and agreements will be executed for the shared parking spaces. He indicated that this building is to be similar to the Wheat Montana building at Three Forks. He noted that the same kinds of products will be available at this deli, with breakfast and lunch available on site. He encouraged Commission approval of this application, noting it is for a Montana-based business. Mr. Jeff Sandholm, architect representing the applicant, noted that working with staff, the Development Review Committee and the Design Review Board on this project has been a positive experience. He then indicated a willingness to respond to questions. No one was present to speak in opposition to the proposed project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 03-17 -03 - 9 - It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Minor Site Plan with Certificate of Appropriateness requested by Jeff Riggs under Application No. Z-03011, to allow construction of a 3,400-square-foot building on Lot 21, StoneRidge Subdivision PUD, 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, be approved subject to the following conditions: 1. This project is located within a Class II entryway corridor. As such, it shall conform to the "Design Objectives Plan," as adopted by the City Commission on March 9, 1992. Entryway corridors should exhibit enhanced landscaping, screening of parking, and preservation of surrounding character and views. 2. The final site plan submittal shall include a color rendering and a materials and color palette to confirm the overall building scheme, as proposed, in order to verify compatibility with architectural treatment requirements of the entryway corridor. 3. 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. 4. A pedestrian link between the sidewalk on Stoneridge Drive and the building shall be implemented by way of a sidewalk or asphalt pathway. 5. The North 19th Avenue 50-foot greenwaycorridor 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 and site grading between North 19th Avenue and the building and parking and between the parking and Stoneridge Drive. Applicant is deficient in some ofthe requirements outlined in this chapter. Landscape plan shall be revised to conform to these requirements and resubmitted at the time of final site plan review. 6. Applicant shall break up expansive paved pedestrian space with landscape planters or shrub beds in order to reduce impermeable surfaces on site. 7. The architectural elevations indicate "vent chimneys" at several locations in the architectural elevation renderings. Applicant shall ensure that these devices are incorporated into the architecture enough so as to not make them recognizable as roof-top mechanical devices. Should these types of equipment be needed for the building development, applicant will need to verify on the final site plan on the exterior elevations that all mechanical roof-top equipment will be properly screened for the North 19th Avenue entryway corridor. 8. This application is part of a subdivision PUD and is not subject to the Landscape Performance Standards, as outlined in Section 18.49.070 of the Bozeman Municipal Code. However, this project is subject to the Mandatory Landscaping Requirements (Section 18.49.060), the General Landscaping Provisions (Section 18.49.040), Section 18.54.110 for the North 19th AvenuelWest Oak Street Corridor Master Plan District and the conveyances of the StoneRidge Subdivision PUD "Development Manual." As such, the 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. 9. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines. 10. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas. 11. Automatic drip irrigation should be applied to all landscaped areas, including trees, shrubs and sod. 03-17-03 .. __.____.._____..____n__._._ ... .-...--.--....- - 10 - 12. A Certificate of Appropriateness shall be issued to applicant at such time as a final site plan has been approved by the Planning Director. The Certificate of Appropriateness is valid for one year from date of issuance. 13. 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 (Le., landscaping and irrigation) must be installed within nine months of occupancy. 14. 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. 15. 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. 16. 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. 17. 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. 18. According to Section 18.50.035.A of the 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. 19. 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 undertakin~ said modifications, as required by Section 18.62.040 of the Bozeman Municipal ode. 20. All existing and proposed infrastructure and tie-ins shall be illustrated on the final site plan. 21. 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. 22. The final site plan shall be adequately dimensioned. 23. A Stormwater DrainagelTreatment 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. 03-17-03 .--..---.-....-------- - 11 - 24. No building permits will be issued prior to City acceptance of all of the required infrastructure improvements for the subdivision. 25. 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. 26. 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. 27. 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." 28. 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. 29. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., one (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. 30. 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. 31. All existing utility and other easements must be shown on the final site plan. 32. 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). 33. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 34. 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. 35. A Mutual Access easement will need to be executed by the owners of this lot and the lot to the north for the shared parking and drive aisles. Easements will be required to construct any of the improvements shown north of the property line. 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. 03-17-03 - 12 - Public hearing - Certificate of Appropriateness to allow renovation of residence and shed on Lots 1. 2 and the north % of Lot 3. Block 45. Northern Pacific Addition. with deviations from Section 18.50.060.C.1.. Bozeman Municipal Code. to allow the proposed addition to encroach 6% feet into the reauired 15-foot corner side yard setback and the proposed porch to encroach an additional 5 feet - Louisa Macartney (329 North Broadway Avenue) (Z-03031) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Louisa Macartney under Application No. 2-03031, to allow renovation of the residence and shed on Lots 1, 2 and the north half of Lot 3, Block 45, Northern Pacific Addition, with deviations from Section 18.50.060.C.1. ofthe Bozeman Municipal Code, to allow the proposed addition to encroach 6~ feet into the required 15-foot corner side yard setback and the proposed porch to encroach an additional 5 feet into the corner side yard. The subject property is located at 329 North Broadway Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub distributed a letter from Lorene Cox, 325 North Broadway Avenue, after which she presented the staff report. She noted that Ms. Cox, who lives immediately to the south of the subject property, has expressed concern that metal siding could reflect the sun into her kitchen window. The Assistant Planner noted that the subject property is located at the southwest corner of the intersection of North Broadway Avenue and East Fridley Street. She stated the original house was essentially a square, and one addition has been constructed on the west end. The applicant is now proposing another addition on the west end of the house. Renovations in conjunction with this addition include a new foundation, replacement of the doors and windows, removal of the pink vinyl siding, replacement of the vinyl siding with metal siding on the rear of the home. and construction of a porch around the west end and a portion of the north side of the home. The Assistant Planner stated that one deviation is being sought in conjunction with this application, to allow the addition to encroach 6~ feet into the required 15-foot corner side yard setback. With this deviation, the addition will follow the same line as the existing house and addition. She then indicated that the applicant is also requesting an additional encroachment, to allow the proposed porch to extend 5 feet further into the setback. Assistant Planner Kozub stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She noted that, as a result of that review, staff is recommending that if the applicant wishes to include the porch, its outside edge be flush with the wall of the existing house and addition rather than extending an additional 5 feet into the setback. Also, staff has proposed that a sash style window be used rather than the glass brick window proposed. She indicated that staff has mixed feelings about whether the proposed corrugated metal siding is appropriate for a residence and concluded that it would result in a mix of too many materials overall. She indicated that Condition NO.3 provides an option and, if the Commission chooses, it could narrow that condition and require one certain type of exterior materials. Commissioner Youngman acknowledged the validity of the neighbor's concern about glare and suggested that Condition NO.3 be revised to require a non-glare or non-reflective type of metal. Assistant Planner Susan Kozub responded that staff tried to address that concern by requiring that the applicant submit a color and materials palette for review and approval, so staff can ensure the material does not have a reflective surface. Ms. Louisa Macartney, applicant, stated the old part of the house is brick, and that will remain as brick when the pink vinyl siding is removed. She then indicated that she is flexible on this addition; she simply wants to improve the property. No one was present to speak in opposition to the proposed project. Commissioner Youngman suggested that Condition No. 3.b. be revised to include the word "non- reflective" to describe the corrugated metal, to ensure that it is does not negatively impact the neighborhood. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 03-17-03 . ---..----.-.-....-.......-.--.---..,.-... ---- - 13 - It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Louisa Macartney under Application No. 2-03031, to allow renovation of the residence and shed on Lots 1, 2 and the north half of Lot 3, Block 45, Northern Pacific Addition, with deviations from Section 18.50.060.C.1. of the Bozeman Municipal Code, to allow the proposed addition to encroach 6'Y:! feet into the required 15-foot corner side yard setback and the proposed porch to encroach an additional 5 feet into the corner side yard, be approved subject to the following conditions: 1. The applicant shall relocate the proposed porch to be flush with the existing north wall of the residence (approximately 8'Y:! feet from the northern property line). 2. The applicant shall use a sash style window to match both the existing and proposed windows in place of the proposed glass brick window on the north elevation. 3. In terms of materials, the applicant shall either: a. Use horizontal wood siding and cedar shingles on the west elevation gable; or b. Use non-reflective corrugated metal and an alternative material in place of the cedar shingles on the west elevation gable. 4. The applicant shall submit a color and materials palette subject to review and approval of Administrative Design Review Staff. 5. The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 6. 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 undertakin~ said modifications, as required by Section 18.62.040 of the Bozeman Municipal ode. 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 Code Amendment - amend Section 18.16.060 to increase maximum building height in the "R-2" zoning district from 32 feet to 36 feet based on the pitch of the buildina roof - West Meadows. LLC (Z-03024) This was the time and place set for the public hearing on the Zone Code Amendment, requested by West Meadows, LLC, under Application No. Z-03024, to amend Section 18.16.060 of the Bozeman Municipal Code to increase the maximum building height allowed in the "R-2," Residential-Single- household, Medium-density, zoning district from 32 feet to 36 feet based on the pitch of the building roof. Mayor Kirchhoff opened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing be continued to April 7 to give the Zoning Commission an opportunity to conducts its review of this application and forward a recommendation. 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. 03-17-03 - 14- Continued public hearina - preliminary plat for Walton Homestead Subdivision PUD - Durston Development Corporation - subdivide 35.376 acres described as Tracts 1-4. COS No. 2085 and parcel described in Book 144. Paae 373. into 51 sinale-familv residential lots. 5 multi-familv residential lots. 70 townhouse residential lots and 8 commercial lots. with relaxations from Sections 16.14.020.H.. 16.14.030.B.. 16.14.030.D.. 16.14.040. 16.16.010.1. and 16.16.070. Bozeman Municipal Code. re minimum lot frontage. block lenath. sidewalks. private streets and minimum distance between public and/or private accesses onto a public street (between Durston Road and West Oak Street at North 15th Avenue extended) (P-02050) This was the time and place set for the continued public hearing on the preliminary plat for the Walton Homestead Subdivision Planned Unit Development, as requested by Durston Development Corporation under Application No. P-02050, to subdivide 35.376 acres described as Tracts 1 through 4, Certificate of Survey No. 2085 and the parcel described in Book 144, Page 373, into 51 single-family residential lots, 5 multi-family residential lots, 70 townhouse residential lots and 8 commercial lots. Also, the applicant is seeking relaxation from several sections of the subdivision regulations, as follows: (1) from Section 16.14.020.H., requiring a minimum of 25 feet of frontage on a public street or on a public street easement for each lot, to allow lots fronting onto a pocket park; (2) from Section 16.14.030.B., to exceed the maximum block length of 400 feet; (3) from Section 16.14.030.0., to exceed the maximum block length of 400 feet without a pedestrian walk; (4) from Section 16.14.040, to eliminate sidewalks on one side of the private streets; (5) from Section 16.16.010.1., to allow private streets; and (6) from Section 16.16.070, to exceed the minimum distance between public and/or private accesses onto a public street. The subject property is located between Durston Road and West Oak Street at North 15th Avenue extended. Included in the Commissioners' packets was a letter from William A. Hanson, architect representing the applicant, requesting that this public hearing be continued to April 7 to give the City Planning Board an opportunity to conduct its review of the revised preliminary plat and forward a recommendation. City Manager Johnson recommended that the public hearing be continued to March 24. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the hearing be continued to March 24, per the City Manager's recommendation. 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. Continued public hearina - Conditional Use Permit for Planned Unit Development - Durston Development Corporation - allow construction of approximatelv 207 residential units. 95.000 sauare feet of commercial office area and 15.000 sauare feet of retail space on 35.376 acres described as Tracts 1-4. COS No. 2085 and parcel described in Book 144. Paae 373. with relaxations from Section 18.20.020. 18.20.030. 18.20.040. 18.20.050. 18.26.020. 18.26.060. 18.26.040. 18.50.11 O.F. and 18.50.100.E.. Bozeman Municipal Code. re minimum lot area and width. maximum lot coveraae. minimum yards. lot coveraae. retail uses in the "R-O" District. height restrictions. reduction in parking reauirements. and accesses to be closer than that reauired for an arterial street (Walton Homestead) (between Durston Road and West Oak Street at North 15th Avenue extended) (Z-02231) This was the time and place set for the continued public hearing on the Conditional Use Permit for the Walton Homestead Planned Unit Development, as requested by Durston Development Corporation under Application No. 2-02231, to allow the construction of approximately 207 residential units, 95,000 square feet of commercial office area and 15,000 square feet of retail space on 35.376 acres described as Tracts 1 through 4 of Certificate of Survey No. 2085 and the parcel described in Book 144, Page 373. Also, the applicant is seeking relaxations to several sections of the zone code, as follows: (1) from Section 18.20.020, to allow apartments in the "R-3" zoning district; (2) from Sections 18.20.030, 18.20.040 and 18.20.050, to allow reductions in minimum lot area and width, maximum lot coverage and minimum yards within the "R-3" district; (3) from Section 18.26.020, to allow retail uses in the "R-O" zoning district; (4) from Section 18.26.060, to allow additional features to exceed the height restrictions in the "R-O" district; (5) from Section 18.26.040, to allow increased lot coverage in the "R-O" district; (6) from Section 18.50.11 O.F., to allow reduced parking requirements for both the residential and commercial aspects of the project; and (7) from Section 18.50.100.E., to allow accesses closer than that required for an arterial street. The subject property is located between Durston Road and West Oak Street at North 15th Avenue extended. 03-17-03 - --- ------- ------------------ - .--. -.-. .--.- ----.-..------.-. -....-.- ..... -.--. .- -----. -----.-- ------.-- - - . --. ..--..- -.- - 15 - Included in the Commissioners' packets was a letter from William A. Hanson, architect representing the applicant, requesting that this public hearing be continued to April 7 to give the Zoning Commission an opportunity to conducts its review of the revised application and forward a recommendation. City Manager Johnson recommended that this public hearing be continued to March 24. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the hearing be continued to March 24, per the City Manager's 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. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Alice S. Tor, 1005 Durston Road, dated January 27, regarding the Walton Homestead PUD. (2) Letter from T.H. Crawford, dated March 13, regarding the Lawson's shed. (3) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 18, in the Commission Room. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 18, at the Professional Building. (5) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:30 p.m. on Tuesday, March 18, in the Commission Room. (6) Agenda for the Montana Transportation Commission meeting to be held on March 27 in Helena. (7) Draft minutes for the Cemetery Board's informal meeting held on February 11, 2003. (8) Minutes from the Senior Citizens' Advisory Board meetings held on March 29, 2001; June 28, 2001; August 6, 2001; September 27, 2001; December 6, 2001; March 21, 2002; June 6, 2002; September 5, 2002; and December 5, 2002. (9) Bozeman Area Chamber of Commerce legislative report for the week of March 17, 2003. (10) List of planning projects to be considered at upcoming Commission meetings, dated March 17,2003. (11) City Manager Johnson announced that he will be in Helena tomorrow for a sub-committee meeting on the impact fee legislation. (12) Commissioner Youngman announced that she attended the Recreation and Parks Advisory Board meeting on Thursday evening, at which the Board asked the City to sign a joint letter to MSU urging them to give attention to the request previously submitted regarding an area for a frisbee golf course, at least on a temporary basis until the course at Rose Park has been established. She then announced that Cary Silberman, one of those actively spearheading a course at Rose Park and promoting responsible frisbee golf playing in Bozeman, recently took first in a field of sixty participating in a national tournament in Phoenix and will be going on to international competition. The Commissioners voiced a desire to see the proposed letter via e-mail prior to authorizing the Mayor to sign it. 03-17 -03 . _. "___n_ .___._.._n.__._______ ......------.--...- ---.-.....-....-...... - 16- Adiournment - 9:20 p.m. There being no further business to come before the Commission at this time, Mayor Kirchhoff adjourned the meeting. A-~ . STevEN R. K ~ J ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission 03-17-03 ---------- ------------- .... ... ...-.....-.---..... ..-....."..-..---