HomeMy WebLinkAbout2007-01-08, Minutes, City Commission
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 8, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, December 18,2006, at 6:00 p.m. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, City
Manager Chris Kukulski, Planning Director Andy Epple, City Attorney Paul Luwe, and Deputy
City Clerk Stuart John Bernard.
0:07:28 [18:02:08] A. Call to Order - 6:00 PM - Community Room, Gallatin County Courthouse,
311 West Main
Mayor Krauss called the meeting to order at 6:02 pm
0:07:31 [18:02:09] B. Pledge of Allegiance and Moment of Silence
0:09:04 [18:02:41] D. Minutes - November 30 Policy Meeting, December 11, December 15 Joint
City County Meeting, December 18, 2006
0:09:07 [18:02:44] Motion and Vote - It was moved by Cr. Becker, and seconded by Cr. Rupp to
approve the minutes of November 30, December 11, December 15 and December 18,2006 as
submitted.
Those votine Aye beine Crs. Becker, Rupp, Jacobson and Mavor Krauss.
Those votine No beine none.
Those absent beine Cr. Kirchhoff.
The motion carried.
0:09:29 [18:03:37] E. Consent
1. Authorize payment of Claims (LaMeres)
2. Finally Adopt Ordinance 1686, "Staggered Terms" Ordinance for City Planning Board (Bernard)
3. Approve Davenport Annexation, #A-06013 (Sanford)
4. Approve Little Bear House Annexation, #A-06012 (Sanford)
5. Authorize City Manager to sign Amendment No. 1 with Morrison Maierle, Inc. for Professional
Surveying Services for water main renovation projects (Murray)
6. Authorize City Manager to sign Public Access Drainage Easement - Catkin II (Heaston)
7. Award of Sale from Sealed Bid Auction for Used Solid Waste Dumpsters (Arkell)
8. Authorize City Manager to enter into a professional services agreement for a building and site
analysis of Old Library Building at 222 East Lamme as a new City Hall facility (Goerhung)
9. Authorize City Manager to sign Public Street and Utility Easement and Sanitary Sewer Easement
(Rosa Construction, Inc.) - Traditions Subdivision Phase 1 (Stodola)
10. Approve Commission Resolution No. 3989, Change Order No.4 for the Hyalite Transmission
Main Project (Stodola)
11. Award bid to Utility Specialties for recycled asphalt hot mix plant (Vandelinder)
12. Adopt Resolution 3988, Amending ICMA Governmental 457 Deferred Compensation Plan
(Rosenberry)
13. Authorize Mayor to sign Farmhouse Minor Subdivision Findings of Fact (Cooper)
14. Authorize Mayor to sign Baxter Apartments Minor Subdivision Findings of Fact (Cooper)
15. Authorize Mayor to sign Findings of Fact for the Old Chicago Minor Subdivision (Cooper)
16. Authorize Mayor to sign PT Land Subdivision Findings of Fact (Windemaker)
0:09:41 [18:03:39] Public Comment
Mayor Krauss called for public comment on the Consent Items
0:09:56 [18:03:45] Motion and Vote - It was moved by Cr. Rupp, and seconded by Cr. Jacobson
to approve consent items 1 - 16 as listed.
Those votine Aye beine Crs. Becker, Rupp, Jacobson and Mavor Krauss.
Those votine No beine none.
Those absent beine Cr. Kirchhoff.
The motion carried.
0:10:19 [18:04:13] F. Public Comment
This is the time for individuals to comment on matters falling within the purview of the Bozeman
City Commission. There will also be an opportunity in conjunction with each agenda item for
comments pertaining to that item.
There was no public comment at this time.
0:10:55 [18:04:23] G. Action Items
0:10:56 [18:04:34] 1. Little Bear House/Kirt Zone Map Amendment, #Z-06249 (Sanford)
0: 11 :07 [18:04:55] Staff Report
Senior Planner Jody Sanford presented the staff report.
0:19:35 [18:05:43] Applicant
Brian Hammer of 1230 Upper Tom Burke Drive, owner of Little Bear House, LLC presented for
the applicant.
0:32:21 [18: 11 :42] Applicant
Ryan Kirt of 1604 West Lincoln Street was the other party in this Zone Map Amendment.
0:34: 19 [18:25: 11] Public Comment - Stacy Jackson
Stacy Jackson of 1523 Alder Court had a question about the Planned Unit Development process,
and wished to maintain the character of the area.
0:37:28 [18:27:43] Public Comment - Marty Lambert
Marty Lambert of 1611 Willow Way spoke of the character of the neighborhood.
0:41:03 [18:28:27] Public Comment - Joanne Wilke
Joanne Wilke of 1665 Alder Court spoke against changing the zoning of the area to protect the
character of the neighborhood.
0:42:39 [18:29:25] Public Comment - Kellv DeBose
Kelly DeBose of 1614 Alder Court spoke of the disturbing elements of change
0:44:55 [18:32:38] Public Comment - Bonnie Bevl
Bonnie Beyl of 1520 Alder Court spoke of the predictability of the neighborhood
0:45:16 [18:36:18] Public Comment - Mary Price
Mary Price of 1615 Alder Court spoke against the Zone Map Amendment
0:46:28 [18:37:58] Applicant
The Applicant responded to comments made by the neighbors
0:57:02 [18:47:38] Motion - It was moved by Cr. Kirchhoff, and seconded by Cr. Jacobson to
approve the Kirt Zone Map Amendment application #Z-06249, as proposed, with the four
recommended zone map amendment contingencies listed in Zoning Commission Resolution #Z-
06249.
1:14:09 [21:54:53] Vote
Those votine Aye beine Crs. Becker, Kirchhoff.
Those votine No beine Rupp, Jacobson and Mayor Krauss.
The motion failed.
1:15:49 [18:55:00] Motion - It was moved by Cr. Jacobson, and seconded by Cr. Becker to
approve the Little Bear House Zone Map Amendment application #Z-06249, as proposed, with
the four recommended zone map amendment contingencies listed in Zoning Commission
Resolution #Z-06249.
1:17:24 [19:06:55] Vote
Those votine Aye beine Crs. Becker, Kirchhoff.
Those votine No beine Rupp, Jacobson and Mayor Krauss.
The motion failed.
1: 17 :50 [19: 10:24] 2. Davenport Zone Map Amendment, #Z-06252 (Sanford)
1:18:43 [19:11:56] Staff Report
Senior Planner, Jody Sanford presented the Staff Report
1:21:47 [19:12:27] Applicant
Dennis Foreman of Gaston Engineering presented for the applicant
1:25:44 [19:12:40] Public Comment - Bonnie Secor
Bonnie Secor of 1295 Thomas Drive spoke in favor ofthe R4 zoning in this area.
1 :26:22 [19: 13:37] Public Comment - Al Shear
Al Shear spoke in favor of the proposal
1:27:52 [19:13:50] Public Comment- Karen Shady
Karen Shady of Baxter Lane supports the proposal.
1 :29:26 [19: 14:40] Public Comment - Blair McGavin
Blair McGavin of 1013 Thomas Dr. spoke of no opposition to this project along Thomas Drive
1:37:16 [19:27:37] Motion -It was moved by Cr. Becker, and seconded by Cr. Rupp to approve
the Davenport Zone Map Amendment application #Z-06252, as proposed, with the four
recommended zone map amendment contingencies listed in Zoning Commission Resolution #Z-
06252.
Conditions:
1. The applicant shall submit a 24" x 36" mylar zone map titled "Davenport Zone Map
Amendment;" 8Y2-inch x II-inch, or 8Y2-inch x 14-inch paper exhibit; and a digital copy of
the area to be zoned, which will be utilized in the preparation of the ordinance to officially
amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal
description of the perimeter of the subject property and zoning districts, total acreage of the
property and each zoning district, and adjoining rights-of-way and/or street access
easements.
2. The zone map shall show the approved initial zoning extending to the planned centerline of
Thomas Lane/N 25th Avenue.
3. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of
the area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend
the zone map.
4. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the zone map amendment application shall be null and void.
1:45:23 [19:35:18] Vote
Those votine Aye beine Crs. Becker, Kirchhoff, and Mayor Krauss.
Those votine No beine Rupp, and Jacobson.
The motion carried.
1 :45:51 [19:36:54] 3. Saccoccia Minor Subdivision Preliminary Plat, #P-06062 (Sanford)
1 :46:22 [19:38:57] Staff Report
Senior Planner Jody Sanford presented the staff report.
1:53:16 [19:42:14] Applicant
Keith Belden of Morrison-Maierle, Inc.1311 Palmer St, Missoula presented for the Applicant
1:55:00 [19:42:54] Public Comment
Mayor Krauss called for public comment, there was none.
1 :55: 12 [19:42:58] Motion - It was moved by Cr. Rupp, and seconded by Cr. Kirchhoff to the
Saccoccia Minor Subdivision Preliminary Plat #P-06062, based on staff's findings as presented
in the staff report and conditionally approve this application, based on the Planning Board's
recommendation of conditional approval, with the conditions listed on Pages 2 and 3 of
Planning Board Resolution #P-06062.
Conditions:
1. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Since the open space is intended for the use and enjoyment by all property owners within the
Saccoccia PUD, the final plat shall show open space areas as a separate common open space tract
OR the final plat shall label open space areas as "common open space." Future site plans shall also
label open space areas as "common open space."
3. With the final plat, the applicant shall provide a table indicating how much open space will be
provided on each proposed lot. The open space allocations can then be rearranged within each lot,
but not between the lots. Should a common lot line be relocated, the open space requirement for
each lot may be reallocated proportionally.
4. A 10-foot wide concrete shared use path shall be constructed along Tschache Lane, or financially
guaranteed, prior to final plat approval. If the trail will be located on private property, a 25-foot
wide public trail easement shall be provided. The applicant shall meet with the Subdivision Review
Committee of the Recreation and Parks Advisory Board and the City Parks Department to
determine the appropriate construction specifications and location for said shared use path segment.
5. A 25-foot wide public trail easement shall be provided for the existing trail within the greenway
open space along Walton's stream/ditch.
6. Joint, reciprocal stormwater conveyance and drainage easements shall be provided for all lots.
7. Joint, reciprocal easements shall be shown on the final plat for accesses, drive aisles, snow
storage and parking where applicable.
8. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was
provided when the subject property was annexed, water rights or an appropriate fee in lieu shall be
provided with final plat approval, final site plan approval or the issuance of any building permits,
whichever occurs first.
9. The following note shall be included on the final plat: "Due to high ground water conditions full
or partial basements are not recommended. Depth of crawl space foundations must be minimized to
the extent possible to limit water-related problems. Buildings proposed for basements shall include
Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit."
10. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall cease.
11. The proposed shared drive access onto Baxter Lane shall not be allowed unless the information
required by section 18.44.090.H of the UDO to grant a deviation is provided to and approved by the
City Engineer.
12. Pursuant to Section 18.44.090.B.2 of the UDO, a public street easement shall be provided for
Sacco Drive (currently a private drive) to provide legal and physical access to lot 4. If the easement
cannot be provided, Lot 4 shall be eliminated.
13. This property is within the Hampton Inn sewer and Baxter/19th signal payback districts. The
required paybacks shall be made with the final plat.
14. Tschache Lane shall be constructed from its current terminus to the eastern property line of the
subdivision with an approved temporary turnaround installed at the end.
15. A sewer main shall be extended as part of the required subdivision infrastructure to provide
service to lots 4 and 5. A 30 feet wide easement shall be granted for the sewer main extension, and
all weather access shall be provided to all manholes.
16. All improvements necessary to provide adequate level of service for all movements at the
analyzed intersections must be installed or financially guaranteed prior to filing of the plat. No
building permits will be issued until all required improvements are installed and accepted unless
approved for concurrent construction under 18.74.030.D. Approval must be obtained from the
Montana Department of Transportation of the TIS and for all improvements along North 19th
A venue.
1:56:06 [19:46:12] Krauss
Mayor Krauss noted that the applicant has withdrawn the request for variances.
1:56:20 [19:48:54] Vote
Those votine Aye beine Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those votine No beine none.
The motion carried.
1:56:37 [19:50:03] 4. Ridge Preliminary Planned Unit Development Plan/Conditional Use Permit,
#Z-06260 (Knight)
1:57:56 [19:51:49] Staff Report
Planner, Martin Knight presented the staff report
2:02:58 [19:52:04] Applicant - Land Use Planning Consultant
Jamie Morris Land Use Planning Consultant on behalf of the Ridge.
2:07:32 [19:52:57] Applicant - Owner
Steve Roderic of 151 McGee Drive
2:09: 17 [19:53:21] Public Comment
Mayor Krauss called for public comment, there was none.
2:18:51 [20:12:07] Motion and Vote - It was moved by Cr. Kirchhoff, and seconded by Cr.
Jacobson to approve the Ridge Preliminary Planned Unit Development Plan /Conditional Use
Permit #Z-06260, with the conditions and code provisions outlined in the Staff Report.
Those votine Aye beine Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss.
Those votine No beine none.
The motion carried.
Conditions:
1. The PUD shall comply with all approved conditions of The Ridge Major Subdivision
Preliminary Plat #P-06063.
2. The footprint of the car wash shall not exceed that proposed. A maximum of 2 bays will be
permitted. To aid in screening, additional landscaping features will be required along the Fallon
Street frontage of the car wash. Further restrictions as to hours of operation, lighting, noise, etc.
will be considered through the Sketch Plan review application for this lot.
3. Lot coverage calculations for lot 7 shall be included with the Final PUD submittal.
4. The required 150 square feet of open space must be provided if residential units are proposed.
Any proposed residences must be clearly depicted on the Final PUD submittal.
5. Bicycle racks shall be located nearest as possible to the principal entrance of each building. The
location of bike racks shall be clearly depicted on the Final PUD submittal materials.
6. All subsequent development on the site shall require, at a minimum, Sketch Plan and Certificate
of Appropriateness review. Any substantial changes, as determined by the Planning Department,
from the approved Final PUD may require additional site plan review and/or PUD modifications.
7. The Declaration of Covenants and Design Guidelines must be included and recorded with the
Final PUD. The document must include language that the City of Bozeman shall be party to any
changes or modifications made to the restrictive covenants and Architectural Guidelines as they
relate to any code provisions or conditions of approval. Prior to recording the document, a draft
copy shall be submitted with the Final PUD application for approval by the Planning Office.
8. Through sketch plan review for future building phases, Planning Staff will reevaluate the on-site
parking situation. If Staff determines that that is a parking problem, the applicants shall enter into a
#Z-06260 Ridge CUP/PUD Staff Report 289 15 shared parking agreement with an adjoining
property and/or implement another parking solution subject to review and approval by the Planning
Department.
9. The sign plan must allocate a specific amount of square footage, based on the requirements of
the Unified Development Ordinance for each tenant space or building and clarify that no internally
illuminated signs will be permitted. Location, square footage, and material of the subdivision
identification sign shall be included with the Final PUD submittal.
10. The comprehensive sign age plan shall include the following: (a) Any proposals for shared
complex signs must be included in the sign plan. (b) The sign plan must clearly indicate that city
sign permits (including both permanent and temporary sign permits) are required prior to sign
installation. (c) The address signage section shall specify that building addresses shall be a
minimum of six inches in size and shall be displayed on a consistent location. (d) The sign plan
shall state that the tenant is responsible for sign removal upon vacating the unit. (e) The location of
the subdivision identification sign must be identified.
11. The Final Landscape Plan shall include the following: a) Benches, picnic tables, and/or other
types of pedestrian features into each of the designated open space areas. b) The number of and
location of boulders shall be included. Boulders must be a minimum of 3' in diameter.
12. All mechanical equipment shall be screened in accordance with UDO Section 18.38.050. This
shall include, but not limited too, air conditioners and electric panels. All mechanical equipment
and screening shall be depicted on the landscaping and site plan for Final Site Plan submittal.
DRB Recommended Conditions of Approval:
1. The Final PUD Plan shall depict benches, picnic tables, and/or other types of pedestrian furniture
in each of the designated plaza areas between buildings.
2. The Final PUD Plan shall depict the areas in the northeast and southwest corners as site
amenities. Appropriate pedestrian furniture shall be depicted in said areas.
3. The Final PUD Plan shall depict an appropriate landscape buffer around the proposed meditation
park, to appropriately separate pedestrian and automobile access.
4. The Final PUD Plan shall depict decorative or textured paving to identify pedestrian crossing
points in drive aisles and parking areas.
5. Regarding the Development Guidelines:
a) The role and structure of the "Architectural Review Committee" must be clearly identified in the
beginning of the Development Guidelines along with the statement that: "All subsequent
development review applications must receive approval from the Committee prior to submitting the
application to the City." #Z-06260 Ridge CUP/PUD Staff Report 290 16
b) A revised site plan that correlates with the Final PUD Plan materials shall substitute the plan on
page 3.
c) On page 4, the building entrances oriented toward the plaza areas shall also be noted as
secondary entrances.
d) Under "Bollard Lights" on page 6, it should state that lights will be "installed by the developer
within the plaza areas and at pedestrian crossing intersections to provide security after hours.
e) On page 8, the street section shall be replaced with a legible image.
f) Under "Human Scale" on page 8, it should state that "Buildings shall have mass and scale that is
visually appealing to pedestrians at street level."
g) Under "Pedestrian Entrance" on page 8, it should state that "Secondary entry from the street and
plazas is also recommended as a means to address human scale from the streetscape.
h) Under "Mechanical Equipment" on page 10, additional language that specifically states that "all
mechanical, electrical, HV AC, utility services, and landscape irrigation systems (i.e., irrigation
wells, pumps, etc.) will be properly screened with an architectural or landscape opaque screening
device" shall be added. Language shall require all mechanical equipment to be accurately depicted
on all site plan submittals.
i) Under "Materials & Color" on page 10, it should state that bonderized metal material is
preferred.
j) Under "Windows & Doors" on page 12, it should state that large expanse of reflective windows
shall be avoided.
k) Under "Style & Placement" on page 13, it should be added that "additional covers may be
required to appropriately direct light downward."
I) On page 20, it should clarify that no internally illuminated signs will be permitted.
2: 19:52 [20: 13:28] 5. Ridge Major Subdivision Preliminary Plat, P-06063 (Knight)
2:20:11 [20:14:12] Staff Report
Planner, Martin Knight presented the staff report
2:21 :32 [20: 14:56] Public Comment
Mayor Krauss called for public comment, there was none.
2:21:55 [20:15:15] Motion and Vote - It was moved by Cr. Jacobson, and seconded by Cr.
Becker to approve The Ridge Major Subdivision Preliminary Plat #P-06063, with the conditions
and code provisions outlined in the Staff Report.
Those votine Aye beine Crs. Becker, Rupp, Kirchhoff, Jacobson and Mavor Krauss.
Those votine No beine none.
The motion carried.
Conditions:
1. A reciprocal access and parking easement shall be provided for all shared accesses and parking
facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal
use by all of the lots of the subdivision.
2. The Final Plat shall note the area designated to meet the Open Space requirements for The Ridge
PUD.
3. Cash-in-lieu of Water Rights, as calculated by the City Engineer, shall be paid at the time the
Final Plat or Final PUD Plan is submitted, whichever occurs first.
4. The subdivision shall comply with all approved conditions of the Planned Unit Development
(PUD) #Z-06260.
5. The recorded covenants shall indicate that the property owner's association is responsible for the
maintenance of the common open space, wetlands, watercourse setback and trails. Noxious weeds
shall be controlled as directed by the County Weed Control District and in accordance with the
Montana County Noxious Weed Control Act. The property owner's association shall be responsible
for the continued control of the weeds and fulfillment of the revegetation plan.
6. The Final Plat shall not include buildings or parking layout.
Engineering:
7. A Traffic Impact Study shall be prepared for the project in accordance with Section 18.78.060.L
of the Unified Development Ordinance and approved by the City Engineering Department prior to
final plat and/or final PUD plan approval. All improvements needed to provide adequate levels of
service for the analyzed intersections shall be financially guaranteed or constructed prior to Final
Plat approval.
8. A traffic control and signing and striping plan shall be prepared for the development and
approved by the City Engineering Department. Traffic controls and calming devices shall be
financially guaranteed or constructed prior to Final Plat approval.
9. The Applicant shall provide and file with the County Clerk & Recorder executed Waivers of
Right to Protest Creation of Sills for the following unless already provided for the properties:
i. Road improvements to Ferguson A venue including but not necessarily limited to paving,
curb/gutter, sidewalk and drainage.
ii. Signalization improvements for the intersection of Ferguson Ave. and Huffine Lane.
iii. Signalization improvements for the intersection of Ferguson Ave. and W. Babcock St.
iv. Signalization improvements for the intersection of Ferguson Ave. and Durston Rd.
10. Any water stubs installed with the Cottonwood Condos project that are not utilized by the
development must be abandoned at the main. A City Street Cut Permit shall be obtained prior to
beginning construction.
11. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed
to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public
streets and all lots must be provided to and approved by the City Engineer. The master plan must
depict the maximum sized retention/detention basin location, show location of and provide
easements for adequate drainage ways within the subdivision to transport runoff to the stormwater
receiving channel. The plan shall include sufficient site grading and elevation information
(particularly for the basin site, drainage ways and finished lot grades), typical stormwater
detention/retention basin and discharge structure details, basin sizing calculations and a stormwater
maintenance plan. Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space. Stormwater
ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets,
common open space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot, the
maximum sizing of the storm retention facilities for each lot will be established based on maximum
site development. Final facility sizing may be reviewed and reduced during design review of the
FSP for each lot.
12. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and
approved by the City Engineer and 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. 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 substantial completion and City acceptance of the required infrastructure
improvements unless all of the requirements of section 18.74.030.D are met to allow for
concurrent construction.
13. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other nonlot
frontages, and related storm drainage infrastructure improvements shall be financially guaranteed
or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed
on all public street frontages of a property prior to occupancy of any structure on the property.
Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner
who has not constructed said sidewalk shall, without further notice, construct within 30 days said
sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot.
This condition shall be included on the plat and in the covenants for the subdivision.
14. As per City Design Standards, maximum water depths in proposed retention/detention basins
shall not exceed 1.5' and maximum basin depths shall not to exceed 2.5'.
15. Project phasing shall be clearly defined including installation of infrastructure.
16. A 12' wide gravel all weather access road shall be constructed to provide access to all sanitary
sewer manholes not located within a paved public or private street, or parking lot as the project
phasing proceeds.
2:22:29 [20: 16: 10] Break
2:33:04 [20:16:23] 6. 3050 Foxtail Street Accessory Dwelling Unit Conditional Use Permit, #Z-
06265 (Bristor)
2:33: 10 [20: 16:47] Staff Report
Planner, Alison Bristor presented the staff report
2:43:38 [20: 18:55] Applicant
Rob Pertzborn, of Intrinsik Architecture, Inc.
2:50:51 [20: 19:43] Public Comment - Kristen Holly
Kristen Holly of 3030 Blackbird Dr. spoke against the possibility of multi-family accessory
dwelling units in her neighborhood.
2:52:39 [20:30:45] Public Comment - Sonny Greer
Sonny Greer spoke against this project.
2:58:09 [20:30:46] Public Comment - Mark Niemi
Mark Niemi of 2818 Blackbird spoke againest the Accessory Dwelling Units
3:00:05 [20:35: 10] Public Comment - Byron Howard
Byron Howard of 3144 Blackbird Dr asked the Commission to vote against this project.
3:00:28 [20:35:59] Public Comment - Fred Norman
Fred Norman of 321 N Rouse spoke for a client against this proposal.
3:01:01 [20:39:24] Public Comment - Randy Sullivan
Randy Sullivan of 2944 Blackbird Dr spoke against this project.
3:01 :54 [20:44:46] Applicant
Rob Pertzborn, of Intrinsic Architecture responded to the public comment.
3:12:55 [21:01:21] Motion - It was moved by Cr. Rupp, and seconded by Cr. Kirchhoff to
approve 3050 Foxtail Street Accessory Dwelling Unit Conditional Use Permit application #Z-
06265, with the conditions of approval as outlined in the Staff Report.
Conditions:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46 "Parking'."
Parking for accessory dwelling units may not provided on-street. A 26-foot setback is required for a
garage with stacked parking off an alley.
2. All future accessory structures greater than 600 square feet shall not be located in any required
front, rear, or side yard.
3. All future accessory structures built shall not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations, specifically for the
accessory structure shall be included on the site plan for Final Site Plan submittal.
4. Written documentation that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal.
5. Landscaping standards, per UDO Section 18.48 "Landscaping," shall be provided with the Final
Site Plan submittal.
6. Any utility lines, services and easements shall be accurately depicted on the Final Site Plan
submittal. Proposed extensions and additions shall be labeled "proposed."
7. The proposed project shall be completed as approved and conditioned in the Conditional Use
Permit and Variance applications. Any modifications to the submitted and approved application
materials shall invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to undertaking said
modifications.
8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits
shall be obtained as required by the Building Division prior to commencement of any tenant
improvements.
Engineering:
9. A dedicated sewer service shall be provided for the accessory dwelling unit.
10. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. l'
off property).
3:16:39 [21:06:58] Vote
Those votine Ave beine Crs. Becker. Kirchhoff. and Jacobson.
Those votine No beine Rupp and Mayor Krauss.
The motion carried.
3 :20:03 [21 :08:42] Public Comment - Jim Corth
Jim Corth of 3030 Blackbird Dr. spoke of the appearance of alleys in his neighborhood
3:20:35 [21:09:29] 7. 3081 Foxtail Street Accessory Dwelling Unit Conditional Use Permit, #Z-
06266 (Bristor)
3:20:38 [21:11:22] Motion and Vote - It was moved by Cr. Kirchhoff. and seconded by Cr.
Jacobson to approve 3081 Foxtail Street Accessory Dwellinf! Unit Conditional Use Permit
application #Z-06266. with the conditions of approval as outlined in the Staff Report.
Those votine Aye beine Crs. Becker. Kirchhoff. and Jacobson.
Those votine No beine Rupp and Mayor Krauss.
The motion carried.
Conditions:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46 "Parking'."
Parking for accessory dwelling units may not provided on-street. A 26-foot setback is required for a
garage with stacked parking off an alley.
2. All future accessory structures greater than 600 square feet shall not be located in any required
front, rear, or side yard.
3. All future accessory structures built shall not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations, specifically for the
accessory structure shall be included on the site plan for Final Site Plan submittal.
4. Written documentation that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal.
5. Landscaping standards, per UDO Section 18.48 "Landscaping," shall be provided with the Final
Site Plan submittal.
6. Any utility lines, services and easements shall be accurately depicted on the Final Site Plan
submittal. Proposed extensions and additions shall be labeled "proposed."
7. The proposed project shall be completed as approved and conditioned in the Conditional Use
Permit and Variance applications. Any modifications to the submitted and approved application
materials shall invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to undertaking said
modifications.
8. The applicant shall comply with all applicable BuildinglElectrical/Plumbing codes, and permits
shall be obtained as required by the Building Division prior to commencement of any tenant
improvements.
Engineering:
9. A dedicated sewer service shall be provided for the accessory dwelling unit.
10. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. l'
off property).
3:21:51 [21: 11:45] 8.3109 Foxtail Street Accessory Dwelling Unit Conditional Use Permit, #Z-
06267 (Bristor)
3:21:56 [21:12:02] Motion and Vote - It was moved by Cr. Jacobson, and seconded by Cr.
Becker to approve 3109 Foxtail Street Accessory Dwelling Unit Conditional Use Permit
application #Z-06267, with the conditions of approval as outlined in the Staff Report.
Those votine Aye beine Crs. Becker. Kirchhoff. and Jacobson.
Those votine No beine Rupp and Mayor Krauss.
The motion carried.
Conditions:
Planning:
I. Parking shall be provided for all uses in accordance with UDO Section 18.46 "Parking'."
Parking for accessory dwelling units may not provided on-street. A 26-foot setback is required for a
garage with stacked parking off an alley.
2. All future accessory structures greater than 600 square feet shall not be located in any required
front, rear, or side yard.
3. All future accessory structures built shall not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations, specifically for the
accessory structure shall be included on the site plan for Final Site Plan submittal.
4. Written documentation that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal.
5. Landscaping standards, per UDO Section 18.48 "Landscaping," shall be provided with the Final
Site Plan submittal.
6. Any utility lines, services and easements shall be accurately depicted on the Final Site Plan
submittal. Proposed extensions and additions shall be labeled "proposed."
7. The proposed project shall be completed as approved and conditioned in the Conditional Use
Permit and Variance applications. Any modifications to the submitted and approved application
materials shall invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to undertaking said
modifications.
8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits
shall be obtained as required by the Building Division prior to commencement of any tenant
improvements.
Engineering:
9. A dedicated sewer service shall be provided for the accessory dwelling unit.
10. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. l'
off property).
3:22:44 [21:13:19] 9.3123 Foxtail Street Accessory Dwelling Unit Conditional Use Permit, #Z-
06268 (Bristor)
3:22:50 [21:15:25] Motion and Vote - It was moved by Cr. Becker, and seconded by Cr.
Kirchhoff to approve 3123 Foxtail Street Accessory Dwelling Unit Conditional Use Permit
application #Z-06268, with the conditions of approval as outlined in the Staff Report.
Those votine Aye beine Crs. Becker. Kirchhoff. and Jacobson.
Those votine No beine Rupp and Mavor Krauss.
The motion carried.
Conditions:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46 "Parking'."
Parking for accessory dwelling units may not provided on-street. A 26-foot setback is required for a
garage with stacked parking off an alley.
2. All future accessory structures greater than 600 square feet shall not be located in any required
front, rear, or side yard.
3. All future accessory structures built shall not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations, specifically for the
accessory structure shall be included on the site plan for Final Site Plan submittal.
4. Written documentation that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal.
5. Landscaping standards, per UDO Section 18.48 "Landscaping," shall be provided with the Final
Site Plan submittal.
6. Any utility lines, services and easements shall be accurately depicted on the Final Site Plan
submittal. Proposed extensions and additions shall be labeled "proposed."
7. The proposed project shall be completed as approved and conditioned in the Conditional Use
Permit and Variance applications. Any modifications to the submitted and approved application
materials shall invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to undertaking said
modifications.
8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits
shall be obtained as required by the Building Division prior to commencement of any tenant
improvements.
Engineering:
9. A dedicated sewer service shall be provided for the accessory dwelling unit.
10. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. l'
off property).
3:23:33 [21: 17: 12] 10. 3131 Foxtail Street Accessory Dwelling Unit Conditional Use Permit, #Z-
06269 (Bristor)
3:23:39 [21:18:41] Motion and Vote - It was moved by Cr. Kirchhoff, and seconded by Cr.
Becker to approve 3131 Foxtail Street Accessory Dwelling Unit Conditional Use Permit
application #Z-06269, with the conditions of approval as outlined in the Staff Report.
Those votine Ave beine Crs. Becker. Kirchhoff. and Jacobson.
Those votine No beine Rupp and Mavor Krauss.
The motion carried.
Conditions:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46 "Parking'."
Parking for accessory dwelling units may not provided on-street. A 26- foot setback is required for a
garage with stacked parking off an alley.
2. All future accessory structures greater than 600 square feet shall not be located in any required
front, rear, or side yard.
3. All future accessory structures built shall not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations, specifically for the
accessory structure shall be included on the site plan for Final Site Plan submittal.
4. Written documentation that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal.
5. Landscaping standards, per UDO Section 18.48 "Landscaping," shall be provided with the Final
Site Plan submittal.
6. Any utility lines, services and easements shall be accurately depicted on the Final Site Plan
submittal. Proposed extensions and additions shall be labeled "proposed."
7. The proposed project shall be completed as approved and conditioned in the Conditional Use
Permit and Variance applications. Any modifications to the submitted and approved application
materials shall invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to undertaking said
modifications.
8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits
shall be obtained as required by the Building Division prior to commencement of any tenant
improvements.
Engineering:
9. A dedicated sewer service shall be provided for the accessory dwelling unit.
10. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. l'
off property).
3:24: 19 [21: 19: 15] 11. 3141 Foxtail Street Accessory Dwelling Unit Conditional Use Permit, #Z-
06270 (Bristor)
3:25:04 [21:19:16] Motion and Vote - It was moved by Cr. Jacobson, and seconded by Cr.
Becker to approve 3141 Foxtail Street Accessory Dwelling Unit Conditional Use Permit
application #Z-06270, with the conditions of approval as outlined in the Staff Report.
Those votine Aye beine Crs. Becker. Kirchhoff. and Jacobson.
Those votine No beine Rupp and Mayor Krauss.
The motion carried.
Conditions:
Planning:
1. Parking shall be provided for all uses in accordance with UDO Section 18.46 "Parking'."
Parking for accessory dwelling units may not provided on-street. A 26-foot setback is required for a
garage with stacked parking off an alley.
2. All future accessory structures greater than 600 square feet shall not be located in any required
front, rear, or side yard.
3. All future accessory structures built shall not occupy more than 20 percent of the area of the lot
located to the rear of the principal building. Lot coverage calculations, specifically for the
accessory structure shall be included on the site plan for Final Site Plan submittal.
4. Written documentation that the proposed development (s) have been reviewed and approved by
the Cattail Creek Design Review Authority shall be submitted prior to Final Site Plan submittal.
5. Landscaping standards, per UDO Section 18.48 "Landscaping," shall be provided with the Final
Site Plan submittal.
6. Any utility lines, services and easements shall be accurately depicted on the Final Site Plan
submittal. Proposed extensions and additions shall be labeled "proposed."
7. The proposed project shall be completed as approved and conditioned in the Conditional Use
Permit and Variance applications. Any modifications to the submitted and approved application
materials shall invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to undertaking said
modifications.
8. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits
shall be obtained as required by the Building Division prior to commencement of any tenant
improvements.
Engineering:
9. A dedicated sewer service shall be provided for the accessory dwelling unit.
10. Sidewalk shall be depicted and installed in the standard location across the lot frontage (i.e. I'
off property).
3:25:44 [21:20:26] H. Non-Action Items
3:26: 14 [21 :20:32] 1. Mandeville Creek major subdivision pre-application (Saunders)
3:26:54 [21:21:20] Staff Report
Assistant Planning Director Chris Saunders presented the staff report
3:32:06 [21:21:27] Questions for Staff - Krauss
3:34:17 [21:22:10] Applicant
Ron Slade of Bechtle-Slade Architects
3:34:43 [21 :22:25] Questions for Applicant - Becker
3:35:47 [21:22:57] Discussion - Kirchhoff
3:38:04 [21:23:45] Discussion - Becker
3:39:33 [21 :24:28] Discussion - Becker
3:40:00 [21:25:34] Discussion - Krauss
3:41 :47 [21 :25:36] Applicant
3:41:59 [21:30:54] Questions for Applicant - Becker
3:43:25 [21:33:13] Discussion - Kirchhoff
3:45:12 [21:33:34] Discussion - Krauss
3:45:42 [21:34:40] Applicant
3:45:42 [21:44:47] I. FYIIDiscussion
3:45:45 [21:46:58] FYI - Bernard
Deputy City Clerk - Stuart John Bernard clarified future meeting dates and asked for direction on
the Board of Adjustments.
3:47:48 [21:37:00] FYI - Kirchhoff
Commissioner Kirchhoff notified the Commission of an upcoming absence.
3:50:03 [21 :38:30] FYI - Becker
Commissioner Becker updated the Commission about the CIP
3:55:32 [21 :38:58] FYI - Kukulski
City Manager Kukulski updated the Commission about a visit to the Legislature
3:57:43 [21:40:47] FYI - Jacobson
Commissioner Jacobson asked for follow-up regarding a citizens letter about pedestrians crossing
Main St.
3:59:37 [21:41:00] FYI - Bernard
.
The Commission was reminded of an early start time for the next meeting.
3:59:47 [21:49:13] J. Adjournment
Mayor Krauss adjourned the meeting at 10:01 pm
ATTEST:
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