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HomeMy WebLinkAbout2003-02-10 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA February 10. 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, February 10,2003, 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, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 18. 2000. November 22. 2002 and January 27 and Februarv 3. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of February 3, 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, November 22, 2002, and January 27,2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3577 - settina a public hearina on a orooosed 6-percent increase in water rates for March 10. 2003 COMMISSION RESOLUTION NO. 3577 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SIX PERCENT (6.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Building InsDection Division reoort for Januarv 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. Continued informal review - rezonina of Lots 4 and 5. SDring Creek Villaae Resort Subdivision. from "BP" to "B-2" (north of Huffine Lane and west of Ferauson Avenue) - Delanev & Comoanv. Inc. (1-03001 ) Included in the Commissioners' packets was a letter from Neal and Snow Ainsworth, 217 Mineral Avenue, dated January 30, voicing support for the proposed rezoning. 02-10-03 "-- - - 2 - Planning Director Epple reminded the Commissioners that this informal review was begun two weeks ago, and they requested additional time to consider the proposal. He also reminded the Commissioners that the requested rezoning will require an amendment to the Bozeman 2020 Community Plan. Mr. Mike Delaney, applicant, distributed copies of articles recently published about walkable communities being the way of the future. He noted this is the only proposed project within city limits that has thousands of residents within walking distance. In light of some of the concerns voiced by Commissioners, he suggested that a 25,000-square-foot cap be imposed on any single retail user under the requested "B-2" zoning. He concluded by noting he envisions having an office component and possibly housing on the third floors of the buildings within the village. Mayor Kirchhoff stated that, while he supports the village concept and likes the idea of a walkable cluster, he cannot support the proposed "B-2" zoning because it would be extremely difficult to ensure the development included neighborhood commercial only and not a regional commercial cluster. Planning Director Epple reminded the Commissioners that there are three classifications of commercial under the new growth plan-neighborhood, community and regional-and Mr. Delaney's proposal seems to be more of a community nature. He then suggested that, if the Commissioners do not support the requested "B-2" direction, they could give guidance on whether a "B-1" zoning might be more acceptable or if the zoning should remain "BP." Mayor Kirchhoff expressed his preference for a "B-1" zoning with development under a planned unit development. Commissioner Youngman stated she is not interested in opening the process of revisions to the Bozeman 2020 Community Plan at this time, especially on a project-by-project basis. She then asked if the zoning designations are too rigid to implement the growth plan. Planning Director Epple responded that the unified development ordinance will be based more on performance, with a reduced number of specific uses. He cautioned, however, that even under that new ordinance, he does not anticipate the "BP" zoning will be opened up enough to allow the type of development that Mr. Delaney is proposing. Responding to Commissioner Cetraro, Planning Director Epple stated the subject property has been zoned "BP" since 1983. Commissioner Cetraro stated that he reviewed the notes from the January 27 Commission meeting. He then indicated that his reservations parallel those voiced by staff and the other Commissioners, stating there are many places closer to the center of the community where this type of proposal could be accommodated without any changes to the Bozeman 2020 Community Plan or the zone code. Commissioner Brown stated he does not believe it is appropriate to alter the Bozeman 2020 Community Plan, and this parcel is not properly zoned for the proposed use. He noted there is a considerable amount of "B-2" zoned land in the community that could accommodate the proposal and, if the development could be done within the present zoning on the subject property, he would be willing to consider it. Commissioner Hietala stated the process of developing the Bozeman 2020 Community Plan started three years before it was implemented. It is now five years since the initial concepts were developed, and he feels it is time to revisit it. He noted that this growth policy creates a vision and a basis for all other planning related documents. He stated the subject property is located in an area of the community that is very walkable, and he suggested that the applicant should be encouraged to work through the process. Mayor Kirchhoff thanked Mr. Delaney for submitting his proposal, noting that four of the Commissioners have indicated they do not wish to consider the amendment to the Bozeman 2020 Community Plan that would be needed to accommodate the proposed use. 02-10-03 -3- Reauest for advice and comment re possible modification of street design for Broadwav Boulevard minor subdivision. to change alianment and rename maior access street and add a new cross street Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated February 5, 2003, forwarding a request for comment on possible modification of the street design for Broadway Boulevard Subdivision, along with copies of the approved street design and the proposed street design. Planning Director Andy Epple showed the street alignment approved in conjunction with the minor subdivision and the street alignment now proposed. He noted that changes and slight adjustments in lot arrangements and road alignments between preliminary plat approval and final plat approval are common; however, staff is seeking guidance from the Commission for this proposed change. The Planning Director reminded the Commissioners that one of the conditions of preliminary plat approval was that the applicant provide an all-weather secondary access from the end of the cul-de-sac street north to connect to the Front Street right-of-way. Under the proposed new street alignment, the cul- de-sac street, which was previously called Broadway Boulevard and is now called Village Boulevard, is to be extended to the Front Street right-of-way. Also, a boulevard street is to be added perpendicular to the main boulevard street and are to be named North Village Crossing and South Village Crossing. He indicated that Planning staff and the Development Review Committee have reviewed the revised drawing and found it practical and functional. He noted that if the Commission is comfortable with these street revisions, staff will process the change administratively; and the revisions will be reflected on the final plat when it is submitted for approval. Responding to questions from Commissioner Cetraro, Planning Director Epple stated the Front Street right-of-way exists, although the road has not been constructed. He then stated that extending Davis Street into this development would be difficult due to the topography and railroad right-of-way. Responding to concerns voiced by Commissioner Youngman regarding the naming of the cross street, the Planning Director stated that the City's Engineering Department and the Post Office must approve the proposed street names. Commissioner Brown then noted that many of the streets in the New Hyalite View Subdivision have "North" or "South" at the beginning even though the entire subdivision is located south of Main Street. Commissioner Brown characterized the new street alignment as an improvement, noting he is in favor of the changes. Commissioner Hietala indicated that he, too, supports the proposed change. He then noted it would be nice to extend East Davis Street but he recognizes the constraints. Mayor Kirchhoff voiced his concurrence with Commissioner Hietala's comments, noting a grid system does exist in the general area, although it is not on a true north/south alignment. He indicated that a grid system would take the pressure off the single access that is being provided. Mr. Michael Delaney, applicant, noted that two or three years ago he attempted to continue the street grid, including the extension of East Davis Street but found the street right-of-way ends at the railroad tracks, and the railroad is not interested in granting more crossings. He also noted that the Northeast Neighborhood Alliance (NENA) was adamant about East Mendenhall Street providing the only access to the development, and he designed the project to accommodate that strong desire. Mayor Kirchhoff noted that the Commissioners have forwarded positive responses to the new alignment and encouraged staff to proceed administratively with the revisions prior to final plat. Concept plan review - Alder Creek Subdivision. a residential subdivision consisting of 60 sinale- familv lots and 38 duplex lots on property located alona the west side of South Third Avenue between Graf Street and the Sacaiawea Middle School- C&H Enaineerina for Mahar Montana Homes Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated February 5, forwarding a concept plan for the Alder Creek Subdivision. 02-10-03 .. . ... ._..._...u___.._.___u__.._..__.____.___._..__..__ --".--..--.---.-.... -4- Senior Planner Skelton provided a brief overview of the project, reminding the Commission that they have preliminarily approved annexation and zoning of the subject 78 acres. Two of the conditions in the Annexation Agreement pertain to affordable housing, and the applicant is seeking Commission input on whether the concept plan meets those requirements. He noted that under the previous Commission actions, the applicant must develop 30 percent of the site along the west boundary through a planned unit development with a mix of housing, including affordable units. He indicated that the two watercourses through the property and the alignment of South 11 th A venue will dictate the exact location of the affordable housing units. The Senior Planner noted that under this concept plan, the applicant is proposing to construct 60 single-family homes, and 19 duplexes containing a total of 38 dwelling units. He indicated that many of the proposed lots are to be in the 5,000-square-foot range. Senior Planner Skelton stated that the Development Review Committee has reviewed this plan and generally concurred with the concept; however, it recommended adding pedestrian crosswalks to the park. Responding to Commissioner Youngman, Senior Planner Skelton traced the locations of the two watercourses across the subject property, noting that the one identified as the MSU irrigation ditch will carry most of the water and only the excess water will be diverted into the historic stream corridor. Ms. Holly Brown, attorney representing the applicant, stated that this concept plan preserves the watercourses and a majority of the existing vegetation. She noted that this plan reflects the park area in one big block. She drew attention to the area where the planned unit development is to be located and noted that a grid street system has been included. Mr. Joe Mahar, applicant, indicated a willingness to respond to questions. Commissioner Youngman thanked Mr. Mahar and his consultants for their extraordinary response to inconsistent comments from various Commissioners. She noted that this concept plan addresses many different issues, including affordable housing, very nicely. She concluded by voicing her appreciation to Mr. Mahar for effectively leading the effort to provide affordable housing by putting something practical on the ground. Commissioner Brown voiced his appreciation for the way the applicant has dealt with the alignment of South 11 th Avenue and for protection of the two stream corridors. He indicated his support for the proposal, noting it addresses the concerns voiced by the neighbors to the east. Commissioner Cetraro stated he, too, likes the proposal as submitted. Commissioner Hietala voiced his support for the concept plan. Mayor Kirchhoff expressed his appreciation to the applicant for his cooperation on what has not been an easy subdivision. He voiced general support for the layout of the subdivision, noting it provides the connections requested during previous discussions and includes a consolidation ofthe parkland. He noted, however, that some of the blocks seem to be pushing the envelope on length, ranging from 700 to well over 1,000 feet with no cross street. He also suggested that Street E be extended to connect to the property to the north. He then turned his attention to the parkland, noting the Bozeman 2020 Community Plan encourages parks bounded by streets on all four sides. He acknowledged that it would be difficult to add streets around the park but suggested some type of demarcation between public and private land. Commissioner Youngman stated her concurrence with the Mayor's comment regarding demarcation between the parkland and private lots. She cited New Hyalite View Subdivision as an example of the blur between public and private property when that demarcation is missing. She then suggested that identified pedestrian crossings or some other type of traffic slowing device could be used to break the long blocks about which the Mayor voiced concern. Mayor Kirchhoff thanked the applicant for the opportunity to review this concept plan. 02-10-03 - 5 - Break - 4:00 to 4:05 em. Mayor Kirchhoff declared a break from 4:00 p.m. to 4:05 p.m., to set up for the work session. Work session with Community Affordable Housina Advisory Board (CAHAB) Included in the Commissioners' packets was an outline of the issues on which the Board was seeking discussion during the work session. In addition to the City Commissioners, the following were present: City staff members: Planning Director Andy Epple, as an ad hoc member of the Board. Community Affordable Housing Advisory Board members: Marty Bakken, real estate sales; Brian LaMeres, City Finance Department; Susan Gallaher, real estate finance; Travis Schnicke, construction; Amanda Cater, non-profit affordable housing development corporation; Michelle Ratmuth, resident of low- or moderate-income housing; Tracy Blain, HRDC staff; Lynda Upton, low-income representative; and Joan Davies, low-income organization. Vern Klingensmith, at large representative with an interest in special needs housing, arrived at 4:40 p.m. Community Affordable Housing Advisory Board staff: Caren Roberty. Mayor Kirchhoff noted the Commission is systematically meeting with its various boards to increase communication, and to discuss items of concern or interest. He noted that the memo included in the Commissioners' packets served to remind everyone of just how active the Board has been this past year. Ms. Caren Roberty noted that the mission of the Board was broadened in September and reviewed those items for which it is now responsible. She noted that the Board is trying to identify how it can help the Commission put together affordable housing regulations for annexation plans and subdivisions. She suggested that, with the broad representative base of the Board, it can provide a good proposal for the Commission to consider. Ms. Roberty briefly reviewed the Board's activities in 2002, noting that it reviewed two tax credit proposals, and Mr. Dabney's project is now under construction. The Board also had a couple of bus tours to review housing options and needs in Bozeman. In addition, Bay Area Economics (BAE) was hired to undertake a housing needs assessment, which has involved numerous meetings and lots of surveys. Ms. Roberty turned her attention to the Board's ideas for 2003, which include working with BAE and the City to complete and accept the housing needs assessment and then begin implementing proposed mechanisms for addressing the community's needs. She stated that the Board has determined affordable homes should mimic the features of the neighborhood, although they could be smaller and would probably be attached homes. She further stated that, if there is a common theme for the neighborhood, the affordable homes should reflect that theme to the greatest extent possible. She noted that the Board has expressed concern that everyone in the community should share in the cost of on-going affordable homes, not just the developers of new annexations. Alternatives for doing so might be through a bond issue or a general fund allocation from the City or cash incentives to the developer. Mr. Travis Schnicke stated the Board may ask the Commission to allocate monies for an affordable housing program, whether it be for an assistance program to build more units for those in the 30-percent of area median income range or for a downpayment assistance program for those on the cusp of purchasing a home, typically those in the 90 to 1 OO-percent of area median income range. In response to questions from the Mayor, Caren Roberty indicated the only way to assure long-term affordability is through a land trust. Ms. Amanda Cater noted that under the Habitat for Humanity program, if a house is sold within the first five years, Habitat has the first right to buy it back. Mr. Marty Bakken stated that, to be successful, housing for those in the 30-percent of area median income range must be rental properties in a fairly high density. He indicated that, if enough monies were available through various programs, it may be possible to provide home ownership opportunities for those in the 60 to 70 percent range. 02-10-03 - 6 - Ms. Caren Roberty cautioned that, to reach the 60-percent level, a house must be available at $50,000; Ms. Amanda Cater stated that Habitat for Humanity has townhomes available now at $62,000. Ms. Caren Roberty noted there are not many incentives available for developers to do affordable units; and the Board has asked BAE to identify quantifiable incentives. Mr. Schnicke noted that one of the biggest concerns when talking about inclusionary zoning or set asides is the developer's raw land costs. He cautioned that if the developer is required to sell a specified percentage of lots at a price that is lower than the costs of developing the lots, those additional costs will be spread among the market rate lots; and the result will be increased lot costs, making market rate homes less affordable. Ms. Amanda Cater stated that a public education program is needed, particularly since everyone needs to shoulder a portion of the burden to make the affordable housing program successful. Mr. Bakken cautioned that, if a developer is denied the opportunity to make a reasonable profit, more subdivisions will be developed outside city limits or in Belgrade. Mr. Schnicke suggested that the monies paid by WalMart and Home Depot could be earmarked for affordable housing programs, including rental units for the 30-percent range and a revolving loan fund for first time homebuyer down payment assistance. Ms. Caren Roberty suggested that those monies could also be used to create a grant program for a developer wishing to undertake an affordable development, since applying for and receiving a grant from the State often takes too long to be feasible. Ms. Michelle Ratmuth stressed the importance of public education, making residents aware of the percentage of the population that needs affordable housing and making higher density development more acceptable. Mr. Schnicke encouraged the Commission and staff to stand up to the NIMBY attitude and approve higher-density infill projects. Ms. Amanda Cater noted that tax abatement for Mr. German's senior affordable housing project is one way in which everyone can share in providing affordable housing. She suggested that another mechanism would be through reimbursement for impact fees. Commissioner Brown noted that in December, the Commission received a report reflecting the results of a study on the need for public transit. He suggested that it could be beneficial to tie the need for public transportation with the need for affordable housing. Responding to Mayor Kirchhoff, Ms. Roberty stated the next presentation from BAE is expected the second week of March. Responding to Commissioner Hietala, Ms. Susan Gallaher stated there are some funding programs available in the private market for those without large downpayments. She noted that, for many people, having a downpayment assistance program through the City could make the difference in whether they can afford to purchase a home. Commissioner Cetraro stated that the report completed by BAE seems to be heavily influenced by the college student population and suggested that a breakdown between the demands of those students and the needs of the community could be beneficial. Commissioner Hietala voiced his concurrence, noting that he feels the City should concentrate on the more permanent population when trying to identify affordable housing needs and how to meet them. Mayor Kirchhoff closed this agenda item by thanking the Board members for their work. Recess - 5: 1 0 p.m. Mayor Kirchhoff recessed the meeting at 5:10 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. 02-10-03 - 7 - Reconvene - 7:00 D.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Public hearing - Certificate of ADDroDriateness to allow construction of a house. courtyard fence and garaae/studio aDartment on Lots 17 and 18A. Block D. Beall's Second Addition. with deviations from Section 18.18.050. Bozeman MuniciDal Code. to allow building to encroach into front yard setback: from Section 18.50.060.C.. to allow structures to encroach into corner side yard setback: from Section 18.18.030. to allow lot to be 4% feet narrower than the reauired 60-foot width for two residential units: and from Section 18.50.110.. to allow reduction in off-street Darking SDaces from the reauired five SDaces to four SDaces - Nick Zelver and Aida Muraa for 323 North Black Avenue (Z-03008) This was the time and place set for the public hearing on a Certificate of Appropriateness, requested by Nick Zelver and Aida Murga under Application No. Z-03008, to allow the construction of a house, courtyard fence and garage/studio apartment on Lots 17 and 18A, Block D, Beall's Second Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow the building to encroach into the front yard setback; from Section 18.50.060.C., to allow structures to encroach into the corner side yard setback; from Section 18.18.030, to allow for the proposed construction on a lot which is 4% feet narrower than the required 60-foot width for two residential units; and from Section 18.50.110., to allow a reduction in off-street parking spaces from the required five spaces to four spaces. The subject property is located at 323 North Black Avenue. Mayor Kirchhoff opened the public hearing. Urban Designer Candace Honatke gave the staff report on behalf of Historic Preservation Planner Hillary Hertler. She stated that staff has reviewed the application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings, noting that the project is in compliance with the Bozeman 2020 Community Plan and the zone code. It results in increased density and infill in the core of the community, and the design of the home and attendant garage/apartment has personality. The Urban Designer noted that concerns from the public about this project revolve around the proposed wall/fence and the lack of interaction with the street. She indicated that staff has found the design of the home and its balconies will actually increase interaction with the street, and the use of natural materials and colors is appropriate. She stated that the fence is actually to be a stucco wall that meets the requirements for a side yard fence. She acknowledged that it could be fairly dominant and result in a fortress appearance; and staff has suggested perforating the wall or making it transparent, if possible, to minimize that feel. She noted that the fence, as proposed, does provide privacy for the applicant while providing access to the back yard via doors. The Urban Designer turned her attention to the four requested deviations for this project, which include allowing the construction of two dwelling units on a lot with a frontage of 55~ feet, which is 4% feet narrower than the 60 feet required; allowing the house to encroach 2 feet into the required 20-foot front yard setback; allowing both the house and garage/apartment to encroach into the corner side yard setback; and allowing a reduction from five to four off-street parking spaces. She indicated that staff has found those deviations are appropriate for this application. Mr. Robert Dougherty, architect representing the applicants, stated that Aida is from Guatemala; and they wanted to bring some of its forms to Bozeman. As a result, they went to Guatemala and purchased various items, including doors and benches, that he has designed into the project. The house is to be a Mission style home with simple forms and nice materials. The courtyard has been the major emphasis in the project; and the wall along East Villard Street is designed to create that courtyard and provide privacy. He noted they are well aware that this lot is across the street from a park and is one of the last empty lots in the core of Bozeman, and it deserves a nice home that blends with the area. No one was present to speak in opposition to the project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 02-10-03 --- ------ - 8 - It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Certificate of Appropriateness, requested by Nick Zelver and Aida Murga under Application No. Z-03008, to allow the construction of a house, courtyard fence and garage/studio apartment on Lots 17 and 18A. Block D, Beall's Second Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow the building to encroach into the front yard setback; from Section 18.50.060.C., to allow structures to encroach into the corner side yard setback; from Section 18.18.030, to allow for the proposed construction on a lot which is 4% feet narrower than the required 60-foot width for two residential units; and from Section 18.50.110., to allow a reduction in off-street parking spaces from the required five spaces to four spaces, be approved subject to the following conditions: 1. As with construction of all new single family residences in the City of Bozeman, the applicant shall install boulevard trees along Villard Street and Black Avenue at one tree per fifty linear feet (50') of street frontage. The trees shall be installed within the property line. Applicant shall contact the Building Division to obtain the necessary boulevard tree permits. Applicant shall make sure all locations for boulevard trees are located a minimum of 10 feet from any service line (i.e., water, sewer, utility line). 2. The applicant shall apply for a Sidewalk and/or Driveway and Curb Cut Permit from the City of Bozeman Engineering Department prior to driveway installation. 3. The applicant shall confirm a color and materials palette for review and approval by the Office of Planning and Community Development prior to issuance of building permit. 4. As per Water and Sewer Department, the owner shall obtain a permit for sewer prior to installation of sewer lines. This project shall require two separate sewer lines, one for each proposed structure. 5. Based on a street resurfacing project completed in 1997, the applicant is advised that a seven (7) year street-cut moratorium exists for North Black Avenue. In accordance with the City of Bozeman Street Cut Permit Application, the moratorium may be lifted only under the following circumstances: a. Emergency situations that require cutting the street. The state of emergency will be determined by the City Street Superintendent. b. For new fire sprinkler service lines required by the City Fire Marshal to be installed prior to the end of the seven-year moratorium period when no alternate connection point is available. c. When funding becomes available in the City's own capital improvement program for a project that cannot be otherwise delayed and requires cutting the street. 6. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 7. 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. 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. 02-10-03 .. - n__._____ - 9- Public hearina - Maior Site Plan with Certificate of Appropriateness - allow construction of a 17 .329- sauare-foot retail carpet store on Lot 1. Tract 7. Gardiner-Simmental Plaza - Tavlor Hanson Kane Architects for The Floorina Place (alona northwest edae of Boot Hill Court cul-de-sac) (Z-02247) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, requested by Taylor Hanson Kane Architects forThe Flooring Place under Application No. 2-02247, to allow the construction of a 17,329-square-foot retail carpet store on Lot 1, Tract 7, Gardiner- Simmental Plaza. The subject property is located along the northwest edge of the Boot Hill Court cul-de-sac and is to be known as 1891 Boot Hill Court. Mayor Kirchhoff opened the public hearing. Urban Designer Candace Honatke presented the staff report. She characterized this as a straight forward project located in an entryway corridor, with the building to house retail sales, warehousing and storage of carpets and flooring products. She noted the proposed development and use blend well with the existing development within this subdivision and will help to increase the landscaping and fill in development along Boot Hill Court. Planning Director Andy Epple noted that the subject property and the property to the north, east and south are all zoned "M-1," light manufacturing, while the property to the west is zoned "B-2" and is designated for regional commercial development. He then indicated that building material sales is identified as a principal permitted use in the "M-1" district and the sale of flooring is in that category. Mr. Jerry Taylor, architect representing the applicant, stated his concurrence with the staff report and indicated they will meet the conditions recommended by staff. He then encouraged Commission approval of this application. No one was present to speak in opposition to the project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Cetraro voiced his reservations about approving what he views as a commercial use in an "M-1" zoning district; however, he acknowledged staff's determination that carpeting is a building material. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Major Site Plan with Certificate of Appropriateness, requested by Taylor Hanson Kane Architects for The Flooring Place under Application No. 2-02247, to allow the construction of a 17,329-square-foot retail carpet store on Lot 1, Tract 7, Gardiner-Simmental Plaza, 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. Applicant shall incorporate usable outdoor spaces for employee and customer use in the form of pedestrian plazas or seating areas near the front entrance to the building. In addition, bicycle racks shall be installed in safe areas for employee and customer use. 3. The North 19th Avenue 50-foot greenway corridor shall be landscaped and improved as outlined in Section 18.54.110 of the zone code. This will include, in addition to greenway landscape and public trail improvements, the need for site grading that complements adjacent property owner's site improvements. Applicant is deficient in some of the 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. 4. A curvilinear, asphalt surface bike and pedestrian trail shall be constructed along North 19th Avenue entryway corridor to the following specifications: eight (8) feet wide, installed on compacted, six (6) inch deep, %-inch gravel road mix, on sterilized 02-10-03 ___.,,____ ...____.... .__ .__.. ....._.... "n_ _____.__n_ ....._ - 10 - ground with weed barrier. A typical human scale, dimensioned cross-section of the trail with landscaping shall be detailed on the final site plan. 5. Applicant shall redesign parking to the north side of the lot to reduce parking spaces in the row by one, to conform to Section 18.49.060.2.e.ii of the Bozeman Municipal Code. 6. Applicant has provided 56 regular parking spaces and 3 handicap spaces, when in fact they are only required to have 53 regular parking spaces and 3 handicap spaces. Applicant may reduce number of parking spaces and substitute with landscaping if it is determined by Planning Staff that all the landscape requirements are not met. Final site plan submittal materials should include a grading plan for proposed development and graphic description of stormwater management systems, to be reviewed by Engineering Staff. 7. Applicant shall ensure that all trees be planted ten feet away from any utility lines, provided no permanent structures be located in this area. 8. 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. 9. In addition to complying with all of the mandatory landscape provisions of Section 18.49.060., applicant shall comply with Section 18.54.110.F. of the Bozeman Municipal Code and earn fifteen (15) landscape points, as required of Section 18.49.Q70.A.1. of the Bozeman Municipal Code. Applicant shall submit a revised landscaping plan, addressing the above requirements prior to or at time of final site plan submittal. 10. According to Section 18.50.035.A. of the zone code, lighting plan shall incorporate deflection of light downward and away from existing properties. All existing and proposed lighting fixtures and lamps must be designed within the code requirements. Applicant shall submit manufacturer cut sheets at the time of final site plan submittal. 11. 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. 12. The applicant must submit seven (7) copies of a final site plan to be reviewed and approved by the Planning Office. The final site plan shall contain all of the conditions, corrections and modifications and a narrative addressing all of the conditions of approval and code provisions. 13. 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. 14. A building permit must be obtained prior to initiating construction. Building permits will not be issued until the final site plan is approved. 15. 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, applicant must submit a Letter of Credit upon occupancy. 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. 16. Necessary sign permits shall be obtained, as required by the Bozeman Municipal Code through Vicki Hasler, Code Enforcement Officer at the Department of Planning 02-10-03 - 11 - and Community Development, 20 East Olive Street, prior to the installation of any new signage. ' 17. Although applicant is deficient in meeting the requirements of Section 18.54.110 of the Bozeman Municipal Code, he has met and exceeded the Mandatory Landscape Provisions and Landscape Performance Standards as outlined in Chapter 18.49 of the Bozeman Municipal Code. Applicant shall submit a revised landscape plan with the final site plan package, subject to review and approval by Administrative Design Review staff. 18. Details of trash containers shall be shown on final site plan submittal. They shall be constructed so that contents are not visible from a height of five feet above grade from surrounding property. 19. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines. 20. The exterior elevations shall graphically depict the location of all existing and proposed rooftop mounted mechanical equipment to confirm that said mechanical equipment is properly screened from the entryway corridors and adjoining properties. Any proposed screening devices shall indicate type of material, color, and method of installation. 21. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas. 22. Automatic drip irrigation should be applied to all trees and shrubs to conserve water; automatic spray irrigation should be applied to all sod areas. 23. Applicant shall provide a soils report to the Building Department for their review, at such time a building permit is applied for. 24. In reviewing the proposed installation of water and sewer mains from Allied Engineering, the water main cannot be looped and will dead end in excess of 500 feet. The Water Department has no objections to this deviation of length standards. 25. The water and sewer service lines must be shown on the landscaping plan. 26. Water meter and backflow prevention must be shown on the site plan. 27. The applicant shall pave Boot Hill Court to provide a 26-foot wide roadway with a 96- foot diameter cul-de-sac at the end. The paving shall be completed prior to occupancy. 28. The applicant shall provide and file with the County Clerk and Recorder's office executed waivers of right to protest creation of SIDs for the following: a. Street improvements to Simmental Way including paving, curb/gutter, sidewalk, and storm drainage. b. Signalization of Simmental Way and Baxter Lane. 29. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 30. 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. 02-10-03 - 12 - 31. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the 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 water and sewer infrastructure improvements. 32. 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. 33. 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. 34. 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." 35. 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. 36. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section details shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 37. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 38. All existing utility and other easements must be shown on the final site plan. 39. 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). 40. Drive approach sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. The motion carried by the following Aye and No vote: those voting Aye being Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Continued Dublic hearina - Conditional Use Permit - allow construction of 13.408-sauare-foot church facilitv on Lot 1. Minor Subdivision No. 253 - Christ the Kina Lutheran Church (northeast corner of Durston Road and Flanders Mill Road) (Z-02248) This was the time and place set for the continued public hearing on the Conditional Use Permit, requested by Christ the King Lutheran Church under Application No. 2-02248, to allow the construction of 02-10-03 - 13 - a 13,40B-square-foot church facility on Lot 1, Minor Subdivision No. 253. The subject property is located at the northeast corner of the intersection of Durston Road and Flanders Mill Road. Mayor Kirchhoff opened the continued public hearing. Urban Designer Candace Honatke presented the staff report, noting the applicant had requested this public hearing be continued for two weeks to give them opportunity to review the requirement for paving of Flanders Mill Road. She stated that, because of the two-week delay and in light of the advisory body reviews that have been undertaken, this application is in a very finished format. She briefly highlighted the project, which involves the construction of a church and community center at the northeast corner of the intersection of Durston Road and Flanders Mill Road. The Urban Designer stated that staff has reviewed this application in light of the applicable criteria and staff's comprehensive findings are contained in the written staff report. She briefly reviewed those findings and forwarded staff's recommendation for approval, subject to 2B conditions. She indicated that, since Flanders Mill Road is located in the County, one of the conditions was requested by the County Road Department and requires a street dedication and paving of a small portion of that roadway. Mr. Bob DuBose, Christ the King Lutheran Church, showed a color rendering of the church to be constructed, noting it is to be completed in soft, natural colors. He stated the building is to be sited so it can be expanded while leaving the vast majority of the site as open space. He showed the floor plan of the church facility, noting it is designed to create as much multi-use flexibility as possible and will be available for public meetings. He recognized that when they make application to the County for an ingress/egress permit, they will be required to pave Flanders Mill Road; however, they hope to obtain a relaxation on the timing of that paving so it can be coordinated with other paving requirements for this project. No one was present to speak in opposition to this application. Mr. Bill Ranard, Christ the King Lutheran Church, thanked City staff for their guidance through the process and for their support of this project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Commissioner Cetraro, Planning Director Epple stated that Condition No. 25 meets the requirements contained in the County Engineer's letter dated January 13, 2003. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, thatthe Conditional Use Permit, requested by Christ the King Lutheran Church under Application No. 2-0224B, to allow the construction of a 13,40B-square-foot church facility on Lot 1, Minor Subdivision No. 253, be approved subject to the following conditions: 1. Ditch located on east side of property is designated as a "stream/ditch" by Montana Department of Fish, Wildlife, and Parks, which requires a 50-foot setback from each side, measured at the high water line. 2. All parking lots located on a lot with residential adjacency must be screened from that residential adjacency with evergreen plantings or fences that meet code requirements. 3. Applicant shall ensure that any tree that is planted in the utility easement is planted ten (10) feet from the edge of the utility line. 4. Bike racks shall be shown on final site plan drawings, on the "Landscape Plan" and be located near building entrance. Bicycle parking facilities shall be in conformance with standards recommended by the Bozeman Area Bicycle Advisory Board. 5. Site, landscape, and grading plans shall show all existing and proposed utility lines, tie-ins to existing lines and their relation to proposed tree plantings and berming. 02-10-03 .-.-.---.-- - 14 - 6. Applicant shall ensure that redesign of the entrance off of Durston Road is aligned with the entrance to the school on the south side of Durston Road by illustrating this on the final site plan submittal materials. 7. Parking lot shall not have more than ten (10) spaces in a row or 100 feet of uninterrupted parking. Applicant shall incorporate planting islands in order to reduce the monotony of large expanses of parking spaces. In addition, applicant shall ensure that parked cars will not impede trash pick-up at the enclosure located on the north end of the parking lot. 8. Automatic drip irrigation should be applied to all trees and shrubs to conserve water; automatic spray irrigation should be applied to all sod areas. 9. 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. 10. In addition to complying with all of the mandatory landscape provisions of Section 18.49.060, applicant must earn twenty-three (23) Landscape Points, as required of Section 18.49.070.A.1. of the Bozeman Municipal Code. 11. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas per Section 18.50.110.8.11. 12. 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 lighting fixtures and lamps must be designed within the code requirements. All luminaires and lenses shall not protrude below the bottom of the fixture. 13. Per Section 18.50.110.F.2., 112 regular, paved parking spaces and five (5) accessible, paved parking spaces shall be provided on-site. 14. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines as required of Section 18.50.110.8.7. of the Bozeman Municipal Code. 15. Per Section 18.49.040.C.3., landscape plans shall be prepared and certified by 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. 16. A building permit must be obtained prior to initiating construction, 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. 17. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. 18. 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. 02-10-03 --------.-.- - 15 - 19. That 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. In addition, applicant must submit a Letter of Credit upon occupancy. 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. 20. 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. 21. Applicant shall reduce the proposed 3-inch domestic water service line to a 1 ~-inch to 2-inch domestic water service line. No reductions may occur at the water meter. Reduction may occur at the curb box. These revisions shall be shown on the final grading plan, landscape plan and site plan in the final site plan submittal package. 22. All water and sewer infrastructure, existing and proposed, shall be shown on the final site plan, grading plan and landscape plan. 23. The proposed location of the water meter and backflow protection shall be shown on the final site plan. 24. The applicant shall provide and file with the County Clerk and Recorder's office executed waivers of right to protest creation of SIDs for the following: a. Street improvements to Durston Road and Flanders Mill Road including pavement, curb and gutter, sidewalk and storm drainage improvements. The document filed shall specify that in the event an SID is not utilized for the construction of these improvements, the developer or owner agrees to participate in an alternate financing method or otherwise provide for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, property frontage, taxable valuation of the property, traffic contribution from the development or a combination thereof. 25. Plans and specifications for the street extensions, prepared by a Professional Engineer (PE) licensed in the State of Montana, shall be provided to and approved by the County Road Department and City Engineer. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans, specifications and shop drawings have been approved by the City and a pre-construction conference has been conducted. 26. A Stormwater Drainage and Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants from the stormwater runoff for the site must be provided to and approved by the City Engineer. The plan must demonstrate that adequate site drainage will be provided by means of including sufficient spot elevations and flow arrows, existing and proposed contour lines, stormwater detention/retention basin details including basin sizing and discharge calculations, discharge structure details, pond typical section and stormwater discharge destination. 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. A stormwater maintenance plan must also be provided for review and approval by the City Engineer. The Maintenance Plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. 02-10-03 ._ ._______u_.__..___.__ - 16 - 27. The drive approach onto Durston Road shall be constructed in accordance with the City of Bozeman's standard commercial approach, i.e. concrete apron, sidewalk section, and drop curb, and shown as such on the final site plan. 28. The applicant shall provide payment in accordance with the Valley West Payback Agreement for Water Improvements and Valley West Payback Agreementfor Sewer Improvements at the time of connection of water and sewer service for the above referenced project. 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. Continued Dublic hearina - Maior Site Plan with Certificate of ADDroDriateness - allow construction of 97.154-square-foot. three-story hotel facility on Tract B-1. COS No. 1827. with deviations from Sections 18.30.060. 18.65.020 and 18.50.110.F.2.. to allow the buildina to exceed the maximum heiaht. allow an increase in wall sian deDth. and allow a reduction in the minimum reauired number of Darking SDaces - Yellowstone Management for Bomont. LLC (2247 East Vallev Center Drive) (Z-02243) This was the time and place set for the continued public hearing on the Major Site Plan with Certificate of Appropriateness requested by Yellowstone Management for Bomont LLC under Application No. 2-02243, to allow the construction of a 97, 154-square-foot, three-story hotel facility on Tract B-1, COS No. 1827, with deviations from Sections 18.30.060,18.65.020 and 18.50.11 0.F.2. ofthe Bozeman Municipal Code to allow the building to exceed the maximum height, allow an increase in wall sign depth, and allow a reduction in the minimum required number of parking spaces. The subject property is located at 2247 East Valley Center Drive. Included in the Commissioners' packets was a memo from City Manager Clark Johnson, dated February 5, 2003, attached to which was a memo from City Engineer Rick Hixson regarding improvements to Valley Center Road and North 19th Avenue. Mayor Kirchhoff reopened the continued public hearing. He noted that he had received a request to combine the traffic concerns portion of this and the next application; however, he has determined that the public hearing for each project should be held separately. Urban Designer Candace Honatke stated that Planning staff has nothing to add at this time. She reminded the Commission that under this application, a three-story hotel containing 125 guest rooms is to be constructed along the northwest side of Valley Center Road west of its intersection with North 19th Avenue. She highlighted the requested deviations, to allow the building to exceed the height limitation of 44 feet by 111,4 feet and to allow a reduction in the number of parking spaces from 150 to 145 spaces. She noted that a third deviation was requested to allow the wall-mounted sign to be deeper than allowed; however, staff has since determined that deviation is not needed. Mr. Tom Stonecipher, attorney representing the applicant, noted that he has submitted two letters regarding the requirement for improvements to Valley Center Drive. He then addressed Condition Nos. 21 and 32 in the staff report, which deal with the creation of a special improvement district for improvements to North 19th Avenue and Valley Center Road, with the requirement that building permits be issued when the contract for the SID is let and that the Certificate of Occupancy be issued when the improvements are complete. He requested that, rather than imposing those conditions as recommended by staff, the Commission approve the application with the posting of a bond for those improvements. Mr. Stonecipher noted that C'mon Inn and Country Inn and Suites retained Marvin and Associates to conduct a traffic analysis on Valley Center Road and identify ways to accommodate the impacts of these motels. He asked that the Commission either accept those recommendations or remand these items back to the Planning staff to consider the traffic impact studies in the record and to meet with representatives from both C'mon Inn and Country Inn and Suites within the next two weeks, with these two applications to be brought back to the Commission in three weeks with suggested conditions for the road improvements. 02-10-03 --.-..-.---.... -......--..--..-.".--....".-. - 17 - Mr. Stonecipher noted that the information board prepared by Mr. Dennis Gehringer for Country Inn and Suites reveals that Valley Center Road currently has roughly 5,500 vehicles per day and is designed to accommodate 15,000 vehicles per day. He stated that the road improvements identified by Marvin and Associates will mitigate the impacts of the two motels and will, in fact, raise the level of service and address safety issues. He noted that City staff has not produced a traffic impact study or disputed Mr. Marvin's study, nor has staff submitted anything to identify any public health, safety or welfare issues that would preclude this project from proceeding. He acknowledged that if McDonalds and International House of Pancakes (I HOP) were to come forward with applications to locate along this corridor, then there might be enough traffic to warrant additional improvements; however, those possibilities are not even being considered at this time. He stated the recommended conditions are based on the premise that, with continued development, at some future time these roads will not be safe with the level of traffic they are carrying. He stressed that is not the case at this time or with these projects and, as a result, suggested that factor cannot be included in consideration of these applications. Mr. Stonecipher turned his attention to the need to obtain permits from the Montana Department of Transportation for drive approaches for these two hotels and asked that the City allow them to work with MDT on that issue. He concluded by asking that the special improvement district process be allowed to take its course but that it not hold up approval of these two projects. Mr. Kevin Black, Wingate Inn, asked that the Commission not approve the requested deviations. He noted that when they constructed their hotel a few years ago, they met the maximum height requirement and provided adequate parking; and he feels other hotels in this immediate area should conform with those requirements as well. Mr. Dennis Gehringer noted that in many cases, municipalities view hotels as good interchange uses. He stated they are a high dollar investment and generate little traffic, averaging six traffic movements per room at peak times. Based on those figures, he noted that each hotel will generate 35 to 38 vehicles in peak hours at 100-percent occupancy; and the traffic engineer has indicated a turning lane will accommodate those vehicles. He stressed that the striping improvements proposed by the consulting engineer will add 3,000 vehicle trips per day to the road capacity, while the hotels will generate 600 vehicle trips each at full occupancy. He then indicated that both hotels have stated a commitment to a financial surety on the additional improvements and to waivers of right to protest the creation of a special improvement district for those improvements. Ms. Tanya Rude stated she has lived in the Gallatin Valley for the past thirteen years and has seen the area grow and roads that need to be widened. She noted that Valley Center Road is already wide and has had few accidents. She then indicated that when she graduated from MSU this past year, there were no hotel rooms available in Bozeman for her family. She encouraged the Commission to approve these hotels without the requirement that the road improvements be installed first. Mr. Tom Stonecipher contended that the issue of the special improvement district and delayed development of the hotel arose only after C'mon Inn had spent a considerable amount of money to purchase the land and begin the development process, and it is not fair to tell them now that they cannot begin to build for one to three years. He noted that the design for the road improvements has not yet been undertaken; and the timeline for the special improvement district is not really known, but the improvements would probably not be completed until some time in 2005. If the application for C'mon Inn were approved as he has requested, the building permit could be issued in April or May and be built this summer, long before the road improvements were even begun. He concluded by encouraging the Commissioners to approve the project with the revised conditions he has offered. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Mayor Kirchhoff, City Engineer Rick Hixson acknowledged that any project by itself could make the road improvements necessary to accommodate its development. He noted, however, that when they began to look at how to design approaches onto Valley Center Road, the issue of approaches and improvements along the entire section of Valley Center Road arose, as well as the fact that the Montana Department of Transportation has jurisdiction over the roadway. He then indicated that the plan submitted by Marvin and Associates is substantially different from the plan that has been prepared by the Montana Department of Transportation. 02-10-03 - 18 - Commissioner Brown noted that the City has undertaken the process of obtaining an engineering firm to prepare plans for improvements to Valley Center Road and North 19th Avenue, and he feels the City should take their advice. City Engineer Hixson expressed his concurrence, noting that it is important not to stray too far from the schematic that has been prepared by the Montana Department of Transportation. Responding to questions from Commissioner Hietala, the City Engineer stated he is uncertain which project might trigger the necessity for these major improvements or when that might occur. Because of the issues and questions that arose when individual accesses were requested onto Valley Center Road, it was determined that the full improvements should be undertaken before any additional development is allowed in this area. Responding to City Manager Johnson, the City Engineer confirmed that the water and sewer lines in this area were designed and sized to accommodate full build-out of this area. He noted, in fact, that with the sizing of the water line to accommodate the additional demands, there is not adequate usage to keep the water fresh, so City staff must blow the line out on a regular basis until there is sufficient demand. Responding to Mayor Kirchhoff, Mr. Rob Bukvich, Montana Department of Transportation, stated that the office has been inundated with traffic studies, noting that every developer has given them a study. He stated that each development cannot be reviewed as a standalone project, which was the impetus for determining that this area must be treated as a corridor with full improvements being identified and constructed. He confirmed that the studies they have received were done by private engineering firms, and the information from those studies was combined with the working knowledge of the Department in developing the plans for full build-out of the road. He noted that the Department has determined that those improvements need to be completed in a single project; and they need the assurance that a special improvement district has been approved to move forward with the project, although they are flexible on the technicalities of the process. Responding to Commissioner Brown, City Engineer Hixson confirmed that staff is negotiating a contract with Thomas, Dean and Hoskins (TD&H) Engineering for improvements to Valley Center Road; and he hopes to have a resolution of intent to create the special improvement district on the agenda in mid- March. He noted the survey work has been done and the preliminary design phase is underway. Responding to Commissioner Hietala, the City Engineer stated that sale of the bonds and award of the construction contract are the trigger points for allowing construction of this project to begin; until that point, there is no assurance the SID will be created. He cautioned that bidding a construction project in early spring does not yield the best bids, so he proposed that the project be bid in Fall 2003 with construction to begin in Summer 2004. Further responding to Commissioner Hietala, City Engineer Hixson stated that the Montana Department of Transportation controls the roadways and must approve plans for road improvements and drive accesses. He noted the City has an excellent working relationship with the Department and is proceeding with the improvement process under their guidance and oversight. Commissioner Hietala asked ifthere is a quicker way to proceed with the project, possibly byfunding it through impact fees. City Engineer Rick Hixson acknowledged there may be quicker ways to fund the project than through a special improvement district. He then noted another alternative would be for the development community to band together and install the improvements. He cautioned, however, that the opportunity to take that step may already be past since the initial steps in the SID process are now underway. Responding to questions from Commissioner Cetraro, City Manager Johnson stated that the concurrent installation of road improvements and hotel construction would be allowed under the conditions as recommended by staff. He noted that the Montana Department of Transportation has also indicated that concurrent construction is acceptable. Commissioner Youngman stated she has found the findings by City staff and the Montana Department of Transportation to be compelling and, as a result, supports approval with staff's conditions. 02-10-03 -- ---- -----.----.-.---..-..-..... ..------..-..--. -19- She noted the City has repeatedly encountered the juggernaut of growth on North 19th Avenue and has seen those problems lead to vehicular deaths. Mayor Kirchhoff indicated that he, too, supports this application with the conditions as recommended by staff. Commissioner Hietala stated that the City is missing an opportunity to reap property taxes by not allowing the hotel to be constructed until the road improvements are undertaken. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Major Site Plan with Certificate of Appropriateness requested by Yellowstone Management for Bomont LLC under Application No. 2-02243, to allow the construction of a 97, 154-square-foot, three-story hotel facility on Tract B-1, COS No. 1827, with deviations from Sections 18.30.060,18.65.020 and 18.50.11 0.F.2. ofthe Bozeman Municipal Code to allow the building to exceed the maximum height, allow an increase in wall sign depth, and allow a reduction in the minimum required number of parking spaces, be approved sUbject to the following conditions: 1. Final site plan submittal materials should include a grading plan for proposed development and graphic description of stormwater management systems, to be reviewed by Engineering Staff. 2. Details of trash containers shall be shown on final site plan submittal. They shall be constructed so that contents are not visible from a height of five feet above grade from surrounding property. 3. Bike racks shall be located outside of the greenway corridor and near the front entrance of the hotel for easy access and safety. 4. Applicant shall ensure that no tree trunks are located within the pUblic utility easement, which is located on the northern boundary of the property. Berming and small shrubs may be planted in this area, provided there are no permanent structures in this area. 5. The exterior elevations shall graphically depict the location of all existing and proposed rooftop mounted mechanical equipment to confirm that said mechanical equipment is properly screened from the entryway corridors and adjoining properties. Any proposed screening devices shall indicate type of material, color, and method of installation. 6. Softening of large expanses of asphalt should be done by clustering vegetation in parking lot islands. Parking lots with ten or more spaces should have landscaping totaling 10 percent of the parking area. Each planting area should be 300 square feet in area and be irrigated. 7. Planning staff recommends that the monument sign be redesigned to incorporate the proposed base with a wood sign with relief and downlighting or more subdued colors that are in keeping with the building design and entryway corridor recommendations. The sign shall be set back a minimum of five feet, have a maximum height of five feet, and have a total area of 32 square feet. 8. Open space shall be provided, inclusive of yard setbacks, in the amount of 30 percent of the project as developed. 9. The East Valley Center Road frontage should act like a park-like setting, incorporating plantings and sitting areas between street and building. 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 trees and shrubs to conserve water; automatic spray irrigation should be applied to all sod areas. 02-10-03 - 20- 12. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines. 13. 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. 14. In addition to complying with all of the mandatory landscape provisions of Section 18.49.060, applicant shall comply with Section 18.54.110.F. of the Bozeman Municipal Code and earn fifteen (15) landscape points, as required of Section 18.49.070.A.1 of the Bozeman Municipal Code. Applicant shall submit a revised landscaping plan, addressing the above requirements prior to or at time of final site plan submittal. 15. 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 lighting fixtures and lamps must be designed within the code requirements. 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. The curvilinear pedestrian/bike trail, adjacent to Valley Center Road, shall be constructed to an 8-foot width with a 12-foot public access easement. The public access easement shall be provided with the final site plan submittal. A typical human scale, dimensioned cross-section of the trail with landscaping shall be detailed on the final site plan. 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. A Certificate of Occupancy will not be granted until improvements to Valley Center Road and North 19th Avenue are completed as identified in the construction plans. 19. The applicant must submit seven (7) copies of a final site plan to be reviewed and approved by the Planning Office. The final site plan shall contain all of the conditions, corrections and modifications and a narrative addressing all of the conditions of approval and code provisions. 20. A building permit must be obtained prior to initiating construction. Building permits will not be issued until the final site plan is approved. 21. 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, applicant must submit a Letter of Credit upon occupancy. 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. 22. 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. 23. Applicant shall provide a soils report to the Building Department for their review, at such time a building permit is applied for. 24. Contact information on the site plan needs to be updated for the Water and Sewer Departments. 02-10-03 - 21 - 25. Domestic water and fire service line sizes must be shown on the landscape plan. 26. Water valves need to be clearly marked on all applicable site plans. 27. Service lines and fire lines need to be labeled existing or proposed and size of lines needs to be shown on plans. 28. Applicant shall submit a revised landscape plan prior to submittal of the final site plan, for the review and approval by the Design Review Board and Administrative Design Review. 29. The applicant is advised that the final site plan will not be reviewed until the plans for the Valley Center Road improvements project have been approved by MDT and the City of Bozeman. No building permits will be issued until the Valley Center Road construction contract is awarded. 30. The driveways and curb and gutter adjacent to Valley Center Road, shown on the final site plan, shall match the Valley Center Road construction plans. 31. The size of the domestic water service line shall be shown on the final site plan. 32. A utility easement shall be provided for the water main extension. The easement shall be a minimum of 20 feet in width, with the utility located in the center of the easement. 33. Trees shall not be located within ten (10) feet of City water and sewer lines within the utility easement. Applicant shall have a utility locate done prior to initiating any landscape installations in these easements. 34. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 35. 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. 36. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the 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. 37. No building permits will be issued prior to City acceptance of the infrastructure improvements. 38. 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. 02-10-03 ------."......-.,.-- - 22- 39. 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. 40. 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." 41. 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. An Approach Permit from MDT shall be obtained prior to final site plan approval. 42. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section details shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 43. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 44. All existing utility and other easements must be shown on the final site plan. 45. 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). 46. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 47. A boulevard planting detail shall be provided and must comply with the Engineering Department standards. Root barrier material should be used. No plantings shall be allowed in the typical sidewalk location. 48. The applicant is advised that any newly-constructed establishments responsible for food preparation shall install an outside two-compartment grease interceptor. Interceptor design and installation is subject to City of Bozeman Building Department approval. In accordance with the Bozeman Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. 49. The applicant is advised that if construction of the proposed development conflicts with Valley Center Road construction, the development's construction activity shall be suspended at the City's or MDT's discretion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Hietala. Recess. 8:25 to 8:40 p.m. Mayor Kirchhoff declared a break from 8:25 p.m. to 8:40 p.m., in accordance with Commission policy. 02-10-03 -........-..-- ---... .... ---....----..- -.- -..---- - 23- Continued Dublic hearina . Maior Site Plan with Certificate of ADproDriateness . allow construction of 104-room hotel on Tract A-2. COS No. 1827. with deviation from Section 18.30.060. to allow the roofto exceed the 44-foot heiaht limitation bv 8 feet - Fisher DeveloDment ComDanv for Grace France (east side of Vallev Center Drive. northwest of its intersection with North 19th Avenue) (Z-02244) This was the time and place set for the continued public hearing on the Major Site Plan with Certificate of Appropriateness requested by Fisher Development Company for Grace France under Application No. 2-02244, to allow the construction of a 104-room hotel on Tract A-2, COS No. 1827, with deviation from Section 18.30.060 of the Bozeman Municipal Code, to allow the roof to exceed the 44-foot height limitation by 8 feet. The subject property is located along the east side of Valley Center Drive, northwest of its intersection with North 19th Avenue. Included in the Commissioners' packets was a memo from City Manager Clark Johnson, dated February 5, 2003, attached to which was a memo from City Engineer Rick Hixson regarding improvements to Valley Center Road and North 19th Avenue. Mayor Kirchhoff reopened the continued pUblic hearing. Assistant Planner Jami Morris stated that this application is for a 104-room hotel with a deviation from the 44-foot height limitation to allow an additional 8Y:z feet. She noted that the same issues regarding access pertain to this project as well as the previous project. She stated that, while concurrent construction of the road improvements and the project would be allowed, staff felt it would not be appropriate to grant the Certificate of Occupancy until after the road improvements are completed because adding tourists to the mix could create problems. Assistant Planner Morris noted that during the public hearing two weeks ago, questions were raised regarding the location of the building in relationship to the parking lot. She reminded the Commission that last November a two-lot minor subdivision of this property was approved, and there is a potential for three or four other building sites on the property. She indicated that the proposed location of the building will allow for coordinated access for all development on this property. She stated the Design Review Board felt that it was best not to allow parking along the Interstate setback; rather, they felt the 50-foot landscaped setback from Valley Center Road would significantly break the visual impacts of a parking lot along that frontage. She also noted that this will be the first development seen from 1-90 as one approaches Bozeman. Responding to Commissioner Brown, the Assistant Planner stated the building will face Valley Center Road. Mr. Dennis Gehringer, Country Inn and Suites, voiced his concerns that the recommended conditions for approval of this project will make it impossible to finance the $10 million project because of the uncertainty about the time of occupancy. In essence, the conditions will result in the building permit not being sought until the road construction is done. He noted that the issue is how best to address improvements to Valley Center Road. He proposed a financial guarantee of $260,000 for those improvements, noting those monies could be used to help fund the project if an SID is not created. Mr. Gehringer reminded the Commission of the road improvement design their consulting engineer has proposed, noting that turning lanes can be provided in the existing paved roadway. He noted that the road carries 5500 vehicles per day at the present time, and the road improvements proposed by the Montana Department of Transportation will accommodate over 43,000 vehicles per day. He stated that is well beyond the needs of this immediate area, and reflect massive regional development. He also noted that those improvements stop at the end of this property, and the road returns to a two-lane format. Mr. Gehringer reiterated that they agree to a special improvement district, to providing monies in a financial guarantee, and to providing road striping for safe turning movements. He indicated that they began this project as the City was annexing this subject property and sUbsequently obtained a letter of approval from the Montana Department of Transportation for driveways. He noted it appears they are now caught in the midst of changes that they had not anticipated. To support this assessment, he left a packet of information that includes various letters and agreements. He noted that he has participated in a series of meetings and e-mails, none of which mentioned a moratorium or delay in development. He concluded by stating that their traffic engineer has recently terminated his association with this project, citing intense pressure to do so because of his affiliation with the comprehensive improvement package. 02-10-03 . -..-."..-----.....-.-.- - 24- Mr. Gary France, part owner of the subject property, asked why the requirement for road improvements was not identified when the "B-2" zoning was requested and approved. He expressed concern that this type of requirement can have a dramatic impact on development of a parcel and they should have been made aware of the potential for these conditions. Mr. Ross Gannon, Montana Department of Transportation, gave a brief history of the process to date. He stated that this requirement didn't "just fall out of the sky." He noted that, since the developers could not reach consensus or any type of agreement, members of the Montana Department of Transportation, including Jason Giard, Jim Skinner and Don Dusek, developed the plan for improvements that has been shown to the Commissioners during these hearings. He stated that, as a result of meetings that included the MDT, the City, and most of the property owners or developers in the area, there was agreement that no building would be undertaken until an SID was in place. To date, the SID has not been created; yet it appears a couple of the developers now wish to break away from the original pack and begin developing without those road improvements. Mr. Dane Gamble, 13 Hitching Post Road, noted that the developers of these two projects have not objected to the proposed road improvements or to participating in a special improvement district, nor have they objected to any of the conditions of approval except those requiring a delay in construction. He recognized that the impacts on the roadway are cumulative, but he suggested that these two hotels could be allowed without the negative impacts about which staff is concerned. He then asked the Commission to approve the projects, removing the conditions regarding occupancy and road improvements, and realizing that the Montana Department of Transportation has the final say on ingress and egress. Ms. Tanya Rude encouraged the Commissioners to approve the project, noting that the proposed improvements to Valley Center Road will result in a roadway that is wider than Amsterdam Road. Assistant Planner Jami Morris noted that the issue of road improvements came up during annexation; however, staff chose not to make it a term of annexation but to address the issue at major subdivision review. Since the subject property was subdivided into two lots through a minor subdivision, the issue was still not addressed. Through those processes, she noted there was understanding that Valley Center Road is a State highway and that the Montana Department of Transportation would be formulating a plan for needed improvements; the only outstanding issue was when. Director of Public Service Debbie Arkell responded to Mr. Gehringer's comment that Mr. Marvin is no longer working for them. She read excerpts from letters between Mr. Marvin and herself after he was chosen to work as the subcontractor for TD&H Engineering. She acknowledged that there were concerns about a possible conflict of interest or the perception of a conflict of interest; however, she feels that suggesting her letters caused Mr. Marvin to terminate his contract with the applicant is unfair and not true. Mr. Art Wittich, attorney representing the applicant, stated that Country Inn and Suites has developed properties all over the country and has not been sUbject to the type of conditions being recommended in Bozeman. He stated that the traffic studies completed for the two hotels reveal minimal traffic impacts on the roadway, and they have agreed to immediate road improvements and committed to a financial guarantee. He suggested that the City values Mr. Marvin's work so much that it pressured him to quit working on these two projects, as evidenced in his e-mail to Mr. Gehringer dated February 5. Mr. Wittich encouraged the Commissioners to not accept the conditions as recommended by staff, but to allow this property to develop now. He noted that Mr. Gannon spoke of an agreement among the parties at a meeting; however, his client never agreed to an indefinite delay. He concluded by stating it is abhorrent to him that the public hearing on the previous application was closed before discussion with staff and that the applicant was not given an opportunity to rebut or comment on the information discussed after the close of the hearing. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Youngman noted that the information pertaining to roadway improvements presented during the previous agenda item applies to this agenda item as well. Responding to Commissioner Cetraro, City Manager Johnson stated that the Certificate of Occupancy is to be tied to completion of the road improvements, so the hotel would not be able to open until those improvements are done even if the hotel construction is completed first. 02-10-03 ... -.. ----.----.--- -..-..... ---.------- - 25- Responding to Commissioner Hietala, staff identified several examples where a similar condition has been imposed. City Manager Johnson cautioned that the result can be pressure to allow occupancy prior to the road improvements being completed, citing the Chamber of Commerce building as an example. Mayor Kirchhoff stated that he cannot support a decision on this application that is different from the previous decision. He then noted that the concerns expressed and the pressure that has been brought to bear on the Commission could have been averted if the development community had previously been able to reach an agreement on the road improvements. Commissioner Brown voiced concurrence, noting the information provided by representatives from the Montana Department of Transportation was helpful. Commissioner Cetraro stated that, given the steps being undertaken, it appears these projects could move forward without much delay under the conditions recommended by staff. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Major Site Plan with Certificate of Appropriateness requested by Fisher Development Company for Grace France under Application No. Z-02244, to allow the construction of a 104-room hotel on Tract A-2, COS No. 1827, with deviation from Section 18.30.060 of the Bozeman Municipal Code, to allow the roof to exceed the 44-foot height limitation by 8 feet, be approved subject to the following conditions: 1. 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. 2. The pedestrian crossings within the parking lot shall be constructed with stamped and pigmented concrete or asphalt. 3. The pedestrian trail shall be constructed with textured and colored asphalt across the drive approaches. 4. The pedestrian crossings within the parking lot shall be constructed with stamped and pigmented concrete or asphalt. 5. The perimeter of the building shall be landscaped with groupings of four large canopy or non-canopy trees, two small ornamental trees and six deciduous or coniferous shrubs. Two landscape groupings shall be planted on the north and south end of the building and six landscape groupings shall be planted on the east and west sides of the building. 6. The landscape plan shall be better coordinated to include more variety in the tree species and plant types planted within the 50-foot Class I Entryway setbacks facing Interstate 90 and Valley Center Road. 7. An earthen berm, constructed to a height of three feet with a slope not to exceed 1 foot of rise for every 2 feet of run, shall be installed within the Class I Entryway setback adjacent to 1-90. The berm will be landscaped with shrubs and the trees currently depicted on the landscape plan shall be moved to the edge of the utility easement. 8. The monument sign depicted on the site plan shall be located outside of the 50-foot setback adjacent to the Interstate 90 off-ramp and the monument sign proposed along Valley Center Road must be installed on the development side of the asphalt pedestrian/bike trail. 02-10-03 -----..- - 26- 9. The final plat application for "Cape-France Minor Subdivision" shall be submitted prior to final site plan approval. A building permit will not be issued until the final plat has been filed with the Gallatin County Clerk and Recorder's Office. 10. A Certificate of Occupancy will not be granted until improvements to Valley Center Road and North 19th Avenue are completed as identified in the construction plans for the roadway. 11. The curvilinear pedestrian/bike trail, adjacent to Valley Center Road, shall be constructed to an 8-foot width with a 12-foot public access easement. The public access easement shall be provided with the final site plan submittal. A typical human scale, dimensioned cross-section of the trail with landscaping shall be detailed on the final site plan. 12. The applicant is advised that the final site plan will not be reviewed until the plans for the Valley Center Road improvements project have been approved by MDT and the City of Bozeman. No building permits will be issued until the Valley Center Road construction contract is awarded. 13. The final site plan driveways and curb and gutter adjacent to Valley Center Road shall match the Valley Center Road construction plans. 14. The size of the domestic water service line shall be shown on the final site plan. 15. An easement shall be provided for the water main extension. The easement shall be a minimum of 20 feet in width, with the utility located in the center of the easement. 16. Trees and storm drainage infrastructure shall not be located within 10 feet from the edge of the water or sewer lines. 17. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 18. 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. 19. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the 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. 20. 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. 02-10-03 .-." -.---.- - 27- 21. 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. 22. 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". 23. 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. An Approach Permit from MDT shall be obtained prior to final site plan approval. 24. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section details shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 25. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 26. All existing utility and other easements must be shown on the final site plan. 27. 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). 28. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 29. A boulevard planting detail shall be provided and must comply with the Engineering Department standards. Root barrier material should be used. No plantings shall be allowed in the typical sidewalk location. 30. An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water and sewer mains within the State's right-of-way. 31. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. 32. The applicant is advised that any newly-constructed establishments responsible for food preparation shall install an outside two-compartment grease interceptor. Interceptor design and installation is subject to City of Bozeman Building Department approval. In accordance with Bozeman Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. 33. The applicant must submit seven (7) copies of a final site plan to be reviewed and approved by the Planning Office. The final site plan shall contain all of the conditions, corrections and modifications and a narrative addressing all of the conditions of approval and code provisions. 34. 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 02-10-03 ...-....-.--..........--.--.-- - 28- and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 35. 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. 36. Per Section 18.49.060.C.2.e.iii "Parking Lot Landscaping," the minimum width and/or length of any parking lot landscaped area shall be eight feet. 37. The final landscape plan shall provide sufficient landscaping to meet Section 18.49.070 "Landscape Performance Standards." The 15 points required for the property is in addition to the required parking lot landscaping identified in Section 18.49.060 "Mandatory Landscaping Provisions." 38. 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. 39. Per Section 18.50.11 O.B "Parking Lot Curbing," all open off street parking areas and driveways shall have a six inch by six inch perimeter concrete curb around the entire parking lot, including driving access ways. Since the areas on the north and south ends of the property are to be developed in the future with shared drive accesses and parking, the property owner shall provide a flush six-inch wide curb, in lieu of the standard six-inch perimeter curb, along the north and south development lines as indicated on the site plan. The six-inch by six-inch city standard perimeter curb shall be constructed within one year of occupancy of the building. A financial guarantee at a rate equal to one and one-half times the amount of the estimated cost shall be provided to the Planning Department prior to issuance of a Certificate of Occupancy. The method of security must be valid for one year from the date of occupancy. 40. Per Section 18.50.110. F.3 "Disabled Accessible Parking Spaces," accessible spaces shall be located as near as practical to a primary entrance. Parking spaces and access aisles shall be level with slopes not exceeding 1 :50 in all directions. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall state "Permit Required $100 Fine." 41. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman zone code, including contractor, real estate and lending institution signs temporarily posted on-site during and after construction of the building. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Hietala. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. 02-10-03 ..... .__u____ __ u __.___._._._____ -.---.-..----.. ..- - 29- (1 ) Letter from the Montana Capitol Restoration Foundation, dated January 23, requesting commitment of local government CTEP dollars to the Capitol Steps Project. Responding to City Manager Johnson, a majority of the Commissioners indicated they do not wish to commit any of the City's CTEP dollars to this project. (2) Letter from the MSU Recycling Club, dated February 5, inviting Commissioners to a community gathering at 6:30 p.m. on Tuesday, March 4, at the Bozeman Public Library. (3) Invitation to attend the Gallatin Watershed Network Brown Bag Lunch Seminar, to be held at noon on April 22 at the USDA Service Center. (4) Newsletter from Headwaters Recycling announcing that the next meeting is scheduled for 10:00 a.m. on February 12 at Three Forks. (5) Agenda for the Bozeman School District NO.7 Board meeting to be held at 7:00 p.m. on Monday, February 10, at the Willson School. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February 11, in the Commission Room. (7) Notice that the February 11 County Planning Board meeting has been cancelled. (8) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Tuesday, February 11, in the Commission Room. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 11, at the Professional Building. (10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, February 11, at the Professional Building. (11 ) Legislative report from Bozeman Area Chamber of Commerce, as submitted by City Manager Johnson. The City Manager noted that he had submitted an e-mail update from the League of Cities and Towns to the Commissioners. He then reported that testimony on HB477 seemed to go well, and the committee should act within the next week or two. (12) Planning Director Andy Epple stated that John Nordwick, Executive Director of Bozeman Deaconess Health Services, has requested that a facilitated land use meeting be set up through the Community Mediation Center to address Burke Park in conjunction with planning for future hospital needs. (13) In light of the decisions on the last two agenda items, Staff Attorney Cooper reminded the Commissioners that, under their rules of procedure, they may choose to reconsider their decisions. Mayor Kirchhoff acknowledged that Mr. Stonecipher felt he was not given an opportunity to respond to new information after the close of the public hearing and that due process was not followed. He stated, however, that he did not feel it was appropriate to ask staff to respond to questions during the public hearing portion. Staff Attorney Cooper noted that it is Commission practice to ask the applicant to address a potential new condition before it is added. In this situation, however, the applicant was contesting a condition recommended by staff in its initial staff report. He then indicated that, during the break, Mr. Stonecipher was informed that he could request the Commission to reconsider its action so he could provide additional information about which staff was unaware and that the Mayor was willing to provide that opportunity; however, he declined to take advantage of that option at this time. Mayor Kirchhoff noted that, if any Commissioner who voted in the majority feels that comments from Mr. Stonecipher may have swayed his or her vote, that individual may request reconsideration of the decision. 02-10-03 --. '-,=,~'- - 30- (14) Director of Public Service Arkell stated that, in light of the heightened level of national security, the City's Water Treatment Plant has implemented additional security lock-down measures. (15) Commissioner Youngman stated she has just been alerted of a bill that will be heard tomorrow morning. She noted that SB301 proposes a 1-percent real estate transfer tax on certain types of real estate transactions, with those monies being used to help the ailing general fund and possibly fund the affordable housing trust for the state, which was created three legislative sessions ago but never funded. She asked if the Commissioners are interested in submitting a short generic written statement in support of the bill; the Commissioners indicated support for doing so and asked Commissioner Youngman to prepare the statement. (16) Commissioner Cetraro noted that he has reviewed the notes from the meeting two weeks ago, when he was absent. He found the discussion on use of CTEP funds for improvements to Opera House Park interesting, but he suggested that using those monies as a match for making improvements along existing entryway corridors could be more beneficial to the community. He feels that providing connectivity in the community is essential, citing the recent downtown improvements as an example. Commissioner Youngman recognized the value of the proposal, but cautioned that it could be better considered systematically in the next round of projects. Commissioner Brown aCknowledged the merits ofthe proposal, but cautioned that the CTEP monies may not be used on private properties. He noted that the installation of sidewalks in public right-of-way would be an option. Planning Director Andy Epple cautioned that a project must be submitted to and approved by the Montana Department of Transportation before it can receive funding. He noted that a reprioritization of projects is possible; however, he cautioned that doing so can create a potential for losing the allocation. Mr. Rob Bukvich, Montana Department of Transportation, stated that he takes care of CTEP monies locally; and he would be willing to consider a change in priorities. He cautioned, however, that if the City incurs costs for a project that is not constructed, those costs may not be reimbursable through this program unless the project has become too costly or priorities have changed for another valid reason. He then voiced a willingness to make a presentation on the CTEP program at an upcoming Commission work session. Adjournment - 9:50 D.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. StdNR~~ ATTEST: GlJ:y~ ROBIN L. SULLIVAN Clerk of the Commission 02-10-03 ..--- ...--