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HomeMy WebLinkAbout2000-07-17 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA . July 17. 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 17, 2000, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson (for the evening session only), Assistant City Manager Brey (for afternoon session only), City Attorney Luwe and Clerk of the Commission 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 ~ January 18. January 24. January 31. February 7. February 14. May 30. May 31, June 5. June 19. July 6. and July 10. 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of May 30, May 31 and June 5, 2000, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, . Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24, January 31, February 7, February 14, June 19, July 6, and July 10, 2000 to a later date. Commission Resolution No. 3377 - naming of the Davilion at Bozeman Ponds Distributed to the Commission just prior to the meeting was a copy of Commission Resolution No. 3377, entitled: COMMISSION RESOLUTION NO. 3377 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, NAMING THE PAVILION AT THE BOZEMAN PONDS. Also distributed just prior to the meeting was a memo from Superintendent of Facilities and lands James Goehrung, dated July 14, forwarding a recommendation from the Recreation and Parks Advisory Board regarding the naming of the pavilion. Mr. Gene Quenemoen, Breakfast Optimist Club, noted the Club is pleased to have the Bozeman Ponds park project completed. He forwarded the proposal that the pavilion be named the Bradford~ . leProwse Pavilion, in recognition of the leadership efforts of Earl H. Bradford and Tom leProwse. He noted the district convention is to be held in early August, and they would like to install a bronze plaque on the beam on the east wing of the pavilion in conjunction with that convention. 07-17-2000 ...____n_ .2- Ms. Joanne Jennings, member of the Recreation and Parks Advisory Board, stated the Board . is very pleased with the improvements that have been made at the Bozeman Ponds, particularly since those improvements result in additional recreational opportunities. She noted the Board decided the "two sparkplugs of the Breakfast Optimists" ought to have additional recognition and submitted their names to the National Parks and Recreation Association. She presented certificates of recognition from the Association to both Mr. Bradford and Mr. leProwse. Mayor Youngman thanked Mr. Bradford and Mr. leProwse, as well as the entire Breakfast Optimist Club, for their efforts; Commissioners voiced their concurrence with her comments. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3377, naming the pavilion at the Bozeman Ponds, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Ordinance No.1 522 . fixina salaries of the City Commissioners and Mayor, effective July 1. 2000 Included in the Commissioners' packets was a copy of Ordinance No. 1522, as approved by the City Attorney, entitled: . ORDINANCE NO. 1522 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF . BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1522, fixing the salaries of the City Commissioners and Mayor, be provisionally adopted and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Ordinance No. 1523 - vacatina Dortions of West Cleveland Street and West Harrison Street Iyina between South 8th Avenue and South 10th Avenue, located on the Montana State University camDUS Included in the Commissioners' packets was a copy of Ordinance NO.1 522, as approved by the City Attorney, entitled: ORDINANCE NO. 1523 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THOSE PORTIONS OF WEST CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN THE WEST RIGHT.OF.WAY LINE OF SOUTH 8TH AVENUE AND THE EAST RIGHT~OF-WAY LINE OF SOUTH 10TH A VENUE, . LOCATED ON THE MONTANA STATE UNIVERSITY CAMPUS IN THE CITY OF BOZEMAN, MONTANA. 07.17-2000 -.----- --.. ----- ---- -- - ------ ----- - 3 - Responding to Commissioner Kirchhoff, Staff Attorney Patricia Day-Moore stated that, in 1995, . when Montana State University requested vacation of these streets, the Commission approved the request subject to four conditions. She noted one of those conditions was that traffic calming be provided for South 6th Avenue, along the north side of West Cleveland Street. Director of Public Service Debbie Arkell noted that the design for traffic calming has been approved by the City's Engineering Department; and the City is to do the work, with the costs being billed back to Montana State University. Responding to Commissioner Brown, the Assistant City Manager stated that vacation of the street rights.of4way will result in Montana State University owning the property; and, if they so chose, they could close off access to the post office sub-station. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No.1 523, vacating portions of West Cleveland Street and West Harrison Street lying between South 8th Avenue and South 10th Avenue, located on the Montana State University campus, be provisionally adopted and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Appointment to CDB.G Economic Development Loan Review Committee Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission DeLathower, dated July 14, forwarding the application for this committee. . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Thomas B. Wells be appointed to replace Jeff Rupp as the HRDC representative on the CDBG Economic Development Loan Review Committee, with a two-year term to expire on June 30, 2002. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Consent Items Assistant City Manager Brey presented to the Commission the following Consent Items. Commission Resolution No. 3371 . levvinQ and assessinQ street maintenance district assessments for Fiscal Year 2000.2001; settina public hearina for Auaust 7. 2000 COMMISSION RESOLUTION NO. 3371 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2001 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF MONTANA. TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY.WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. . 07-17-2000 .. ..... .-. .......---- - 4 - Commission Resolution No. 3372 - levyina and assessina tree maintenance district . assessments for Fiscal Year 2000-2001: settina Dublic hearina for Auaust 7. 2000 COMMISSION RESOLUTION NO. 3372 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2001 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF MONTANA. TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3373 - settina a public hearina on a proposed 7 percent increase in the water rates charaed to customers for Auaust 21. 2000 COMMISSION RESOLUTION NO. 3373 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SEVEN PERCENT (7.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Commission Resolution No. 3374 - settina a Dublic hearina on proposed revisions to the sewer rates charaed to customers. which will result in no chanae to the current rates. for Auaust 21. 2000 . COMMISSION RESOLUTION NO. 3374 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. ORDERING A PUBLIC HEARING BE HELD ON PROPOSED REVISIONS TO THE WASTEWATER (SEWER) RATE CHARGED 'TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM WHICH Will RESULT IN NO CHANGE TO THE CURRENT RATES. , Authori.ze City Manaaer to sian - Acceptance of Public Street Easement - Bozeman Area Chamber of Commerce - trianaular corner at intersection of North 19th Avenue and Baxter lane Authorize City Manaaer to sian ~ Acceptance of Pedestrian Access Easement - Classic Dairies. Inc. - for 5-foot-wide sidewalk alona North 7th Avenue. in front of Dariaold. 1001 North 7th Avenue Application for temporary Beer license - Mountaineers - Gallatin County Fairarounds. July 22. 2000: continaent on receiPt of State license Commission Resolution No. 3376 - authorizina City Manaaer to sian 'Chanae Order No. 1 for Lanaohr Park sidewalks . 07-17-2000 .--.--..-.-----..------ --. ---.-.-.-- --.--.---- ------ - 5 - COMMISSION RESOLUTION NO. 3376 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH CONCRETE SPECIALTIES OF MONTANA. INC.. BOZEMAN. MONTANA. Authorize City ManaQer to siQn - Acceptance of Public Street Easement - Grace E. France and Joann L. Cape - strip across parcel at southwest corner of intersection of North 19th Avenue and Baxter Lane Authorize City Manaaer to sign - Right-of-Way Aareements for temporary construction permits for installation of traffic siQnal at the intersection of North 19th Avenue and Baxter Lane: (1) Gallatin Center Limited Partnership for Parcel 1: (2) Carl VanderMolen for Parcel 2: (3) Wallace F. and Doreen J. Arneson for Parcel 4; (4) Grace E. France and Joann L. CaDe for Parcel 5; and (5) SKA. Inc.. for Parcel 7 Authorize City ManaQer to siQn - Aareement for Provision of Municipal Water Service - Wilda Yvonne Wheeler for 1409 Durston Road Ratify City Manaaer's siQnature on Loan Aareement and Promissory Note with Montana Electric and Gas Alliance. Inc. Approval of final plat for Amended Subdivision Plat of portions of Blocks 28.30. Blocks 33-41 and Blocks 46-48, Northern Pacific Addition. further described as beina Lot 2 as shown on Block C of Plats. PaQe 23-A4: that Darcel described on Film 93. Paae . 1968: and Tract C. COS No. 68. located in the NE~. Section 7. T2S. R5E, MPM (aaareaate lots, create two lots. and relocate a common boundary on property alona the north side of East Main Street. east of North Broadway Avenue) (P-0018) ADDointment of Commissioner Smiley and Commissioner Kirchhoff to sub-committee to review Pledaed Securities as of June 30. 2000 Buildina Inspection Division report for June 2000 Claims It was moved by Commissioner Frost. seconded by Commissioner Smiley. 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 Frost. Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No. none. Discussion - FYI Items Assistant City Manager Brey presented to the Commission the fbllowing "For Your Information" items. . (1 ) Letter of resignation from the Recreation and Parks Advisory Board as submitted by Lyn Bacon. 07-17-2000 ------.- - 6 - (2) Memo from the County Commissioners, dated July 6, calling a joint meeting of the County and Cities in the county for 7:00 p.m. on Monday, July 31, at the Courthouse. . Responding to Commissioner Kirchhoff, Mayor Youngman indicated that the joint City/County meeting has been expanded to include other communities; and items of discussion are to include legislative issues and potential bond and mill levy requests. (3) Memo from the Montana League. of Cities and Town, dated July 12, announcing the District 10 meeting, to be held at 2:00 p.m. on Thursday, July 20, at City Hall in Bozeman. (4) Copy of an e-mail announcing that the Professional Building is now open from 8:00 a.m. to 5:00 p.m., including the lunch hour. (5) Invitation from Montana People's Action to attend a public forum on the living wage ordinance at 7:00 p.m. on Thursday, July 20, at the Grand Avenue Christian Church. (6) Memo from the Montana Department of Environmental Quality, dated June 29, announcing a public hearing to be held on July 25 regarding the proposed priority lists for funding under the Drinking Water and Water Pollution Control State Revolving Fund Programs. (7) Packet of responses from the community regarding the goals in the proposed Bozeman 2020 Community Plan. (8) Memo from Associate Planner Chris Saunders, dated July 10, forwarding a summary of the goals in the Bozeman 2020 Community Plan and related public comments. . (9) Minutes from the Historic Preservation Advisory Board meetings held on May 4 and June 15, 2000. (1 Q) Minutes from the Bozeman Senior Citizen Advisory Board meeting held on June 23, 2000. (11 ) Minutes from the Montana Transportation Commission meeting held on May 25. Responding to Commissioner Kirchhoff, the Assistant City Manager stated that the MDoT operates under pretty rigid rules of procedure on how to deal with an inquiry or request from a local government. He indicated that staff carefully reviews the agendas and minutes to watch for changes in policy or items on which Commission action may be needed. ( 12) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 18, at the Courthouse. ( 13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 18, at the Professional Building. (13) Agenda for the City Planning Board meeting to be held at 7:00 p.m. and the agenda and revised agenda for the Zoning Commission meeting to be held at 8:00 p.m. on Tuesday, July 18, in the Commission Room. . (14) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, July 18, in the Commission Room. 07-17-2000 --- ------ .--.- - 7 - ( 15) Assistant City Manager Ron Brey drew the Commissioners' attention to the memo from . Associate Planner Saunders and the letters and memos received in response to the goals, characterizing them as important documents. Responding to Commissioner Kirchhoff, the Assistant City Manager stated that feedback from the downtown business leaders has been indirect; however, he noted they feel it is important that a group be formed to participate in the master planning process. ( 16) Mayor Youngman reminded the Commissioners that the City picnic is to be held on Thursday evening. ( 17) Commissioner Smiley stated that she attended the appreciation luncheon for emergency services in Gallatin County last Friday. Discussion re settina of hours for use of wheeled recreational devices at the Boaert Davilion Mayor Youngman noted that discussion on setting hours for use of wheeled recreational devices has been set for this time, to ensure there is no period where a ban is created as the result of adopting the ordinance that follows this discussion. She further noted that, rather than the Commission setting the hours, it has been suggested a more coordinated setting of hours may be more appropriate. Ms. Mary Kate Boling, 223 East Olive Street, stated that she has heard strong opinions from friends and neighbors about the use of the Bogert pavilion, and it appears the various parties are entrenched in their positions and that no satisfactory solution is available. She proposed that a . temporary task force be created to meet the challenge of reaching a compromise between the neighbors and the users. She proposed that a specific task force be set up for Bogert Park, and possibly each park, so neighbors and users can sit down and discuss their needs, rather than "butting heads" . Commissioner Smiley noted that the ordinance before the Commission is the result of issues being identified, and a need for revisions as identified by City Attorney Luwe. Commissioner Kirchhoff stated his support for Ms. Boling's suggestion, noting a neighborhood solution is preferable to the lawmakers creating a solution. Mayor Youngman noted this suggestion does not delay the timetable. She suggested, rather, that the Commission finally adopt the ordinance, and that the task force then meet and make its recommendation during the thirty days between adoption and the effective date of the ordinance. She voiced her support for having the affected parties working together to identify the hours rather than having the Commission arbitrarily set the' hours. She stated, however, if a task force cannot reach agreement within the thirty days, the Commission must be prepared to take action to avoid a potential ban. She proposed that the task force include representatives from the Recreation and Parks Advisory Board; City staff; the Police Department; possibly a Commissioner; a youth, a parent and someone from World Board to represent the skateboarders; neighbors in the immediate area; and a mediator from the Dispute Resolution Center to facilitate the meeting. . Commissioner Brown stated that, while he likes the suggested approach, he wants to ensure the process is not delayed. He noted the Commission has received a significant amount of public 07-17-2000 ---------------- - - .- -..--.---- - 8 - input, and he feels a satisfactory resolution can .be developed even if the task force does not provide input within the thirty~day period. . Commissioner Frost voiced his ap'preciation for Ms. Boling's proposal, noting he feels the best solution for the issues can come from those closely involved. Ms. Boling noted that those involved in the task force process will also be happier with the decision than they would have been with a Commission.decision, simply because they were involved. Responding to Mr. Dave Crawford, 218 Lin,dley Place, Mayor Youngman stated that identifying the hours for skateboarding at Bogert Park within the next thirty days is critical. She noted that, if the group wishes, it can also discuss longer term issues such as soundproofing of the pavilion. Mr. Crawford indicated a willingness to participate in the task force, stating he feels establishing hours of use is appropriate. He noted that on two separate occasions, his wife has reserved the pavilion for scheduled functions, and the skateboarders have come into the pavilion anyway. He stated that, when asked to leave, the skateboarders became uncooperative and used vulgar language. Ms. Maryann Ard, 121 East Olive Street, stated she was raised on Lindley Place. She noted the design of the pavilion is a megaphone, amplifying the sounds. She characterized soundproofing as the prime issue, cautioning that, while the setting of hours is the most fair for the entire community, the "noise is still obnoxious". Ms. Rachel Wallace, 401 South Willson Avenue, stated her,husband owned a house on Lindley Place for seventeen years. She noted that Bogert Park is the only park in the city that takes the kind . of abuse it does, with various community activities, including the swimming pool, tennis courts, bandshell and pavilion. She stated it is important to protect the neighborhoods and the neighborhood parks in the community. Ms. Greta Deichmann, 226 Lindley Place, stated she has lived there for 27 years. She noted that Bogert Park is a small park surrounded by homes; and the residents like to enjoy their yards quietly and peacefully. She stated, however, that the extreme noise of the skateboards in the pavilion and the damage that they cause to public property needs to be addressed. She asked that the skate park at Kirk Park be constructed, and recognized that skateboarding is a growing sport for which adequate safe places need to be provided. Ms. Stephanie Volz, 202 Lindley Place, stated that the excessive noise from the park is a detriment to her bed and breakfast business. She noted that, as a taxpayer and a resident, she feels that she has the right to peaceful enjoyment of her property. Ms. Anna Epp, 8986 River Road, member of the skate park committee and 4.H leader, stated they hope to begin construction on the skate park during the second week of August. She noted that most of the $60,000 raised to date has been by the skateboarders themselves. She suggested that skateboarding should be allowed in all community parks, and encouraged everyone to realize this is a city-county issue. She noted that discussions about use of the Haynes Pavilion "got huge eyes at the Fair Office" today. She noted, however, they have indicated the pavilion can be used at organized, designated times. She stated that this weekend's event at the pavilion showed what a great activity skateboarding can be. She suggested that spraying foam insulation on the roof of the . Bogert Pavilion would be a start in reducing the noise and would be preferable to a wall. She suggested that steps could be taken in enforcement of the ordinance that would get a skateboarder's 07-17-2000 -- ------- _.n.n__. _ ...._ - 9 - attention, including having the parents sign a waiver and permanent loss of the skateboard for repeat offenders. . Mr. Bill Clinton, 216 Lindley Place, stated he would like to be part of the task force and characterized the setting of hours as a step in the right direction. Commissioner Smiley voiced interest in working with the task force, as the Commission representative. In response to comments by Assistant City Manager Brey, Mayor Youngman noted the Commission must be committed to setting the hours for wheeled recreational vehicles no later than August 14, since the ordinance goes into effect on August 16. Commissioner Frost suggested that the Commission should begin looking at its policies generally. He noted that, when he was at Bogert Park on Friday and Saturday, he could hear amplified music on Bozeman Avenue but could not hear it when in the park. He then indicated he wants an agreement between the City and the County for use of the Haynes Pavilion, noting it wa~ his understanding that the public could use it when it was not reserved. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that a task force be created for the purpose of agreeing on the hours for use of wheeled recreational devices at the Bogert Pavilion, with the Commission taking into consideration those recommendations at an upcoming meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. . Ordinance No. 1518 - Drovidina for revisions to Drohibitions in Dublic Darks, and addina a section on reaulatina use of wheeled recreational devices Included in the Commissioners' packets was a revision to Ordinance No. 1518, as approved by the City Attorney, entitled: ORDINANCE NO. 1518 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1463, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTION 12.26.030; PROVIDING FOR REVIS,IONS TO PROHIBITIONS IN PUBLIC PARKS. . It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1518, providing for revisions to prohibitions in public parks, and adding a section on regulating use of whee!ed recreational devices, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. . 07-17-2000 .-- -- .....- ..-.-......- ..---.-. .-.......----- - 10 - Recess - 4:20 D.m. . Mayor Youngman declared a recess at 4:20 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Youngman reconvened the meeting at" 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearinQ - intent to vacate Dortion of North Ida Avenue right-of-way extendina north from East Main Street and allev riaht-of-way extendina westward from North Broadway Avenue This was the time and place set for the public hearing on the Commission's intent to vacate a portion of the North Ida.Avenue right-of-way extending north from East Main Street and alley right-of- way extending westward from North Broadway Avenue, as set by Commission Resolution No. 3365, entitled: COMMISSION RESOLUTION NO. 3365 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of ~OZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION' Of SAID COMMISSION TO VACATE AND ABANDON THE STREET RIGHT -Of-W A Y fOR NORTH IDA A VENUE LYING BETWEEN THE . NORTH RIGHT-Of-WAY LINE Of EAST MAIN STREET AND THE SOUTH RIGHT-Of-WAY LINE Of THE EAST /WEST ALLEY BETWEEN EAST MAIN STREET AND .EAST MENDENHALL, STREET AND THE DEAD END EAST/WEST AllEY RIGHT-Of-WAY ,EXTENDING WESTW ARD fROM THE WEST RIGHT -Of-WAY LINE Of NORTH BROADWAY AVENUE BETWEEN TRACT 3A, BLOCK 12, AND LOT 7A, BLOCK 31, NORTHERN PACifiC ADDITION, IN THE CITY Of BOZEMAN, MONTANA. Mayor Youngman opened the public hearing. Engineering Assistant Andy Kerr gave the staff report. He reviewed the location of the alley and street rights-of-way to be vacated, noting they are located just east of the recently completed Marketplace development. He stated that the applicant. Delaney and Company. is the only adjoining property owner; 'and the applicant is interested in the vacations to facilitate further development of the property. He noted that staff has reviewed this application. and no negative comments were received; and there are no public or private utility lines in the subject rights-of-way. , Responding to Commissioner Frost, Planning Director Andy Epple stated that a proposal for development of the property immediately to the east of Marketplace will give the Commission an opportunity to re-evaluate the lighting for that project. Mr. Michael Delaney. applicant, indicated a willingness to bring the lighting for the Marketplace development into compliance if it is not. He then gave a history of his acquisition of this property, noting that he purchased it 1 % years ago. at the end of a nearly ten-year process. He characterized . Marketplace as Phase I of his development of this block. with the 777 project being Phase II. He 07-17-2000 - 11 - asked that the Commission approve this requested alley and street vacation, so he can proceed with . the planning process for the next building, stating his intent is to enhance downtown Bozeman. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the vacation of a portion of the North Ida Avenue right-of-way extending north from East Main Street and alley right-of-way extending westward from North Broadway Avenue, and authorize and direct staff to bring back an ordinance enacting the vacations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Public hearina - intent to annex 1.37 acres described as a Dortion of the. abandoned Chicaao. Milwaukee. St. Paul and Pacific Railroad riaht-of-wav (between Fiaains Addition and Allison Subdivision) - BonTon. Inc. (A-0003) This was the time and place set for the public hearing on the intent to annex 1.37 acres described as a portion of the abandoned Chicago, Milwaukee. St. Paul and Pacific Railroad right-of- way located between Figgins Addition and Allison Subdivision, as set by Commission Resolution No. 3367.- entitled: COMMISSION RESOLUTION NO. 3367 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, . DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Youngman opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted this application, made by Dave Jarrett, was triggered by a'condition of the preliminary plat approval for the Allison Subdivision. Phase II. He stated that the Allison Annexation was completed in the 1980s and. during review of the preliminary plat for Phase II, it was discovered the abandoned railroad right-of-way was not included in either that annexation or the Figgins Addition. The Senior Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and the staff's comprehensive findings are contained in the written staff report. He gave a brief overview of that report. and forwarded staff's recommendation that the property be annexed, subject to the following issues being addressed prior to annexation: 1. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right-to-protest creation of SIDs for a city-wide park maintenance district. which . would provide a mechanism for the fair and equitable assessment of maintenance costs for city parks as part of the Annexation Agreement. 07-17-2000 ________.__n - 12 - 2. An annexation map with a legal description of the property must be submitted by . the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), and on an 8 'V2 .inch by 11-inch . or 8 'V2 -inch by 14-inch paper for filing with the Annexation Agreement with the Gallatin County Clerk & Recorder. This map must be acceptable to the Director of Public Services, and shall be submitted with the signed Annexation Agreement. 3. That the applicant execute all contingencies of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body. Mayor Youngman characterized the location of the trail across the Allison Annexation as a work in progress, and suggested that identification of a trail alignment that is acceptable to all of the parties involved be 'included in the conditions for annexation. , Mr. Dave Jarrett, applicant, stated it is his understanding the 24-lot subdivision has been approved as laid out and designed, which includes trails through the subdivision. He noted a 3-acre wetlands natural area has been created, and a trail would not be suitable through that area. He stated the trail is presently located along the west side of the Morning Star School, then meanders across the hayfield. He noted that a temporary trail location has been identified; and a number of people are vehemently against having a trail along the back or side yard of their property. He also cautioned that the plan is to incorporate the abandoned railroad right-of-way into lots in the subdivision and, if it is not, the result will be 75-foot-deep lots that are unbuildable. He stated that a six- to seven-acre park has been proposed in conjunction with future phases of development, and noted the trail should be linked to that parkland area. He concluded by stating that any relocation of the trail will create a severe hardship for him. . Mrs. Anne Banks, member of the Recreation and Parks Advisory Board, stated that she was involved in a meeting with Mr. Jarrett and several staff members. She noted that when possible trail locations were originally considered, it was determined the trail should be extended to the west side of the Morning Star School, but no specific location was identified south of the school because the alignment of the street was not yet known. She noted that in May 1999, they simply requested that the trail be extended to South Third Avenue or to Sacajawea School. She indicated a willingness to revisit the situation if necessary, noting that the key conce'rns raise.d to date revolve around safety of the school children. Mr. Jarrett voiced his concurrence with Mrs. Banks' comments, indicating he would be willing to meet with the various groups concerned with the trail's location. He indicated, however, he wishes to proceed with the preliminary plat, since he has infrastructure scheduled for installation next week and paving to be done next Friday. As the result of discussion, the Commissioners concurred that the annexation process could move forward while the staff coordinates a meeting on the trail alignment, recognizing that the result is to be mutually agreeable although not necessarily unanimous. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission . authorize and direct staff to bring back an annexation agreement for review and action by the Commission, contingent upon the following issues being addressed: 07-17-2000 - 13 - 1. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver . of right-to-protest creation of SIDs for a city-wide park maintenance district, which would provide a mechanism for the fair and equitable assessment of maintenance costs for city parks as part of the Annexation Agreement. 2. That identification of a mutually acceptable trail alignment across the Allison Annexation be completed through a meeting of interested parties, including the Recreation and Parks Advisory Board, City staff, the Gallatin Valley Land Trust and Morning Star School, as facilitated by the Planning staff. 3. An annexation map with a legal description of the property must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), and on an 8 % .inch by 11-inch or 8 % -inch by 14-inch paper for filing with the Annexation Agreement with the Gallatin County Clerk & Recorder. This map must be acceptable to the Director of Public Services, and shall be submitted with the signed Annexation Agreement. 4. That the applicant execute all contingencies of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. . Public hearina - intent to annex 27.730 acres described as Lot 4A: Minor Subdivision No. 221A (1.000 feet south of intersection of North 27th Avenue and East Valley Center Drive) - Bozeman School District NO.7 (A-0002) This was the time and place set for the public hearing on the intent to annex 27.730 acres described as Lot 4A, Minor Subdivision No. 221 A, located 1,000 feet south of the intersection of North 27th Avenue and East Valley Center Drive, as set by Commission Resolution No. 3368, entitled: COMMISSION RESOLUTION NO. 3368 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Youngman opened the public hearing. Senior Planner Skelton requested that this hearing, as well as the next hearing, be continued to August 7, so that these applications and the master plan amendment can be considered at the same time. . It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that this public hearing be continued to August 7, per staff's request. The motion carried by the following Aye and 07+ 17.2000 - 14 - No vote: those voting Aye being Commissioner Smiley ,Commissioner Kirchhoff, Commissioner . Brown, Commissioner F.rost and Mayor Youngman; those voting No, none. Public hearina - Zone MaD Amendment - Bozeman School District No.7 - establish initial urban zonina desianations on 27.730 acres described as Lot 4A. Minor Subdivision No. 221 A ( 1 .000 feet south of intersection of North 27th Avenue and East Valley Center Drive) as follows: "M-1". Liaht Manufacturina. on the east 8.821 acres and "PU". Public Lands and Institutions. on the west 1 8.908 acres (Z-0044) This was the time and place set for the public hearing on the Zone Map Amendment requested by Bozeman School District No.7. under Appli<<?ation No. Z-0044, to establish initial urban zoning designations on 27.730 acres described as Lot 4A, Minor Subdivision No. 221 A, located 1.000 feet south of the intersection of North 27th Avenue and East Valley Center Drive, as follows: "M-1", Light Manufacturing. on the east 8.821 acres and "PLI". Public Lands and Institutions, on the west 18.908 acres. Mayor Youngman opened the public hearing. It was moved by Commissioner Kirchhoff. secbnded by Commissioner Br.own, that this public hearing be continued to August 7, per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No. none. . Public hearina - Maior Site Plan with Certificate of ADDroDriateness - Fullerton Architects for ILX Lightwave - allow construction of 21.500-sauare-foot addition to existina buildina and installation of 91 new Darking SDaces on COS No. 475B (31 950 East Frontaae Road) (Z-00G8) This was the time and place set for the public hearing on a Major Site Plan with Certificate of Appropriateness, as requested by Fullerton Architects for ILX Lightwave under Application No. Z-0068, to allow the construction of a 21 ,500-square-foot addition to the existing building and the installation of 91 new parking spaces on Certificate of Survey No.4 75B. The subject property is more commonly known as 31950 East Frontage Road. Mayor Youngman opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated that, under this application, an addition which mirrors the existing structure is to be constructed. She noted that staff and the various advisory boards have reviewed this application in light of the applicable criteria and have found it to be in general compliance with the zone code and the master plan. As a result, they have forwarded a recommendation for approval, subject to several conditions. Mrs. Diane Stewart, representing the applicant, indicated concurrence with the staff report and a willingness to respond to questions. No one was present to speak in opposition to the application. . Since there were no Commissioner objeqtions, Mayor Youngman closed the public hearing. 07-17-2000 - ------ ------- - ----------- --- -- - .---..--... -. .- .. .---.... --- ---- - 15 - It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Major Site . Plan with Certificate of Appropriateness, as requested by Fullerton Architects for ILX Lightwave under Application No. Z-0068, to allow the construction of a 21 ,500.square-foot addition to the existing building and the installation of 91 new parking spaces on Certificate of Survey No. 4758 be approved, subject to the following conditions: 1. The final site plan shall corr~ctly n.ote an existing 6~inch by 6-inch by 10-inch tapping tee ~nd valve on the water main. The plans must depict fittings to accommodate the angle change on the proposed water main extension, the City Water/Sewer Department will inspect, test and tap the proposed 4-inch tapping tee at the owner's expense and the water main extension shall be noted in the "General Notes" rather than be described as a fire line. 2. The City of Bozeman shall make the tap and install the sewer to the edge of the easement subsequent to an application filed and fees paid at the Building Department. The 6-inch sanitary sewer proposed is a service line and does not require main extension designs. The service can be tapped directly on the 8-inch sanitary sewer in the Frontage Road easement, aligning with the proposed 6~inch service line at the east side of the project. 3. The final site plan (FSP) shall be adequately dimensioned. A legend of all symbols and line types used shall be provided.. 4. A Stormwater Drainage, Grading and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants from storm water runoff from . the site must be provided to and approved by the City Engineer. The plan must demonstrate that adequate site drainage will be achieved by use of flow arrows, spot elevations, and retention basin details including basin sizing calculations, pond cross sections and location of curb cuts. A stormwater maintenance plan shall be provided to and approved by the City Engineer. Any existing storm water improvements on the site shall be shown on the final site plan. The use of dry wells in areas that can be impacted by runoff from paved surfaces will not be approved. 5. The water main extension plan and profile views shall be removed from the final site plan. 6. Plans and specifications for the water main extension, prepared by a Professional Engineer .(PE) licensed in the State of Montana, shall be provided to and approved by the City Engineer. Water main plans shall also be approved by the Montana Department of Environmental Quality (DEQ). The applicant shall also provide professional engineering services for construc.tion 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. No building permits will be issued prior to City acceptance of the infrastructure improvements. 7. The location of and distinction between existing and proposed sewer and water . mains and easements shall be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. 07-17-2000 -..----.-- .-----. -. ...--- - 16 - 8. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. . 9. 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 registered in the . State of Montana, 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. 10. 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. 11. The easement for the water main extension shall be a minimum of 20 feet in width, with the utility located in the center of the easement. All required easements shall be provided prior to final plat approval. 12. All existing utility and other easements must be shown on the final site plan. 13. The configuration of the off-street parking shall be adequately dimensioned and shall comply with the requirements of Section 18.50.120 of the zone code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing. . 14. The applicant must submit a final site plan within 6 months of preliminary approval, as well as a written narrative indicating how all conditions of approval have been met. Per Section 18.62.090, "Building Permits and Installation of Improvements", an Improvements Agreement must be signed by the applicant/owner prior to final site plan approval. A building permit will not be issued until the final site plan is approved. If occupancy of the buildings is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed. 15. Per Section 18.50.11 O.B. 7, all areas intended to be utilized for permanent parking space and driveways shall be paved with concrete or asphaltic concrete, to control dust and drainage. Surfacing of the drive aisle, depicted as gravel on the site plan, must be surfaced with or by the next expansion. However, the drive aisle must be surfaced within two years of final site plan approval and must be financially guaranteed. 16. The 50-foot Class I Entryway Corridor roadway right-of-way, adjacent to East Frontage Road, must be landscaped, including the screening or buffering of parking areas, through the use of berms, depressed parking, native landscape materials surrounding and within parking areas, or other means in order to preserve the area's natural views per Section 18.43.060.C and is subject to the review and approval of the Planning Department. The final site plan shall fulfill the necessary landscape requirements and be certified by a certified landscape specialist registered in the . State of Montana. 07-17-2000 ---.--.--- .-.-- - 17 - 17. All lighting shall be brought into compliance and be arranged so as to deflect light . down and/or away from any adjoining properties and so as not to 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.1. 18. The existing trash enclosure must comply with Section 18.50.035.0 and be of sufficient height to conceal contents, including containers, but in no case shall be less than five feet in height above grade. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Public hearing - Conditional Use Permit and Certificate of ADDrODriateness - Vicki Greenwood (Greenwood Day Care) - allow conversion of existina roller skatina rink located on Lot 1 , Wheat Commercial Subdivision, into day care facility and caretakers' residence: with deviation from Section 18.49.060.C.2.e.. Bozeman MuniciDal Code to allow reauired Darking lot landscaping to be reduced by 10 percent (Z-0054) This was the time and place set for the public hearing ort the Conditional Use Permit and Certificate of Appropriateness requested by Vicki Greenwood, under Application No. Z-00054, to allow conversion of the existing roller skating rink located on Lot 1, Wheat Commercial Subdivision, into a day care facility and caretakers' residence, with a deviation from Section 18.49.060.C.2.e. of the Bozeman Municipal Code, to allow the required parking lot landscaping to be reduced by 10 . percent. The subject property is more' commonly located at 2015 Wheat Drive. Mayor Youngman opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She reviewed the application, which includes a deviation to reduce the landscaping requirements in conjunction with the off-street parking lot. She stated that after review of the application, the staff has suggested that the interior parking lot landscaping be placed between the fenced area and the pin down curb stops. The Assistant Planner stated that staff has reviewed this application against the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She noted that, based on that review, the staff has recommended approval, subject to several conditions. She also noted that a significant amount of written comment and considerable praise for the day care center have been received. Responding to Commissioner Brown, the Assistant Planner stated that the Engineering staff has suggested the pin down curb stops and "no parking" signs to protect the fence and the children. Responding to Commissioner Frost, the Assistant Planner indicated that mature vegetation already exists on the su_bject site but, if the Commission so chooses, it can require the planting of boulevard trees. . Commissioner Kirchhoff asked if the existing trees will shade the sidewalk that is to be installed; the Assistant Planner stated they probably will not. 07-17-2000 .-..------.-.. ..__.n - 18 - Commissioner Frost stated that the lighting fixtures must be shielded and in compliance with . the zone code; the Assistant Planner responded that there are three existing lights and three proposed lights. She noted that the lights are to be sensored for movement, but recognized they must be in compliance with code requirements. Ms. Vicki Greenwood, applicant, stated she has been looking for an appropriate site in which to enlarge her day care facility for the past year. She gave statistics which indicate a need for additional licensed child care facilities in Bozeman, and noted that this expansion will allow her to increase from 28 children to 100 children. She stated that her current location at 501 South 3rd Avenue has been sold, and will return to a residence, as previously agreed under her existing conditional use permit. She stated there are 9 quite mature trees on the site at the present time, and they are located far enough away from the sidewalk that they will not shade it. She also indicated that the limbs will be trimmed up about ten feet, to ensure the children won't be hanging on the branches or climbing the trees. She indicated an interest in providing additional landscaping on the site, noting it will only enhance the appearance. She concluded by stating that several people in support of her project are present, but noted they will refrain from speaking in light of the remaining agenda items. Commissioner Kirchhoff indicated his interest in requiring boulevard trees, of a variety that will not negatively impact the sidewalk, to provide shade for the sidewalk. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Conditional Use Permit and Certificate of Appropriateness requested by Vicki Greenwood, under Application No. . Z-00054, to allow conversion of the existing roller skating rink located on Lot 1, Wheat Commercial Subdivision, into a day care facility and caretakers' residence, with a deviation from Section 18.49.060.C.2.e., Bozeman Municipal Code, to allow the required parking lot landscaping to be reduced by 10 percent be approved, subject to the following conditions: 1. The final site plan must meet the minimum parking space requirements of Section 18.50.110.F, "Number of spaces required", as follows: for day care center, 27 spaces; 2 disabled parking spaces, one being van accessible; and 3 spaces required for caretakers' unit, for a total of 32. 2. Lighting fixtures shall be arranged so as to deflect light down and/or away from any adjoining properties. Bulbs shall not extend below the edge of the light fixture. Applicant proposes to install three new exterior light fixtures that are of the motion- detection type. The location and details must be submitted with the final site plan. 3. Trash enclosure, in compliance with Section 18.50.035.C&D, shall be constructed so that contents are not visible from a height of 5 feet above grade from any abutting street or property. 4. A bicycle rack must be provided on site per Section 18.50.035.Q, " Bicycle racks required". The location and details must be shown on the final site plan. Bicycle parking facilities shall be in conformance with standards recommended by the . Bozeman Area Bicycle Advisory Board. 07-17-2000 .. ----.---- -.--- - 19 - 5. The applicant must submit an accurately dimensioned final site plan (with a legend . of line types and a north arrow) within six (6) months of preliminary approval, as well as a written narrative indicating how all conditions of approval have been met. The final site plan must be approved prior to issuance of any building permits. Per Section 18.62.090, "Building Permits and Installation of Improvements", an Improvements Agreement must be signed by the applicant/owner prior to final site plan approval. If occupancy of the building is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed. 6. Applicant shall provide "No parking" signs in appropriate areas near north and south play area fences. Applicant will be required to install pin-down curb stops to prevent vehicles from backing into fenced play areas. Details must be provided on the final site plan. 7. Any parking lot providing fifteen or more parking spaces shall have a minimum of twenty square feet of landscape areas within the parking lot for each off-street parking space in the lot. The required amount of parking lot landscaped area shall be 640 square feet and must be depicted on the final site plan unless a deviation is granted. The minimum width and/or length of any parking lot landscaped area shall be eight feet. 8. A Stormwater Drainage/Treatment, Grading 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 that the existing . site drainage will be enhanced by incorporating, where reasonably practical, stormwater detention/retention basins into existing or proposed landscaping elements, providing spot elevations, including basin sizing and discharge calculations and discharge structure details if applicable, identifying stormwater discharge destination and providing a stormwater facility maintenance plan. 9. The location of existing sewer and water mains and any easements shall be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. Sewer and water services shall be shown on final site plan. 10. The domestic 3/4-inch water service must have a double check backflow device installed by a licensed plumber and approved by Water/Sewer Department prior to occupancy. 11. 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 Mandeville Lane including paving, curb and gutter, sidewalk and storm drainage (unless currently filed with the property) . The document filed shall specify that in the event an SID is not utilized for the . completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, 07-17-2000 - 20 - proportionate basis as determined by square footage of property, taxable valuation . of the property, traffic contribution from the development or a combination thereof. 12. City standard sidewalk shall be installed and properly depicted at the standard location i.e., 1 foot off property line, along the Wheat Drive frontage. No plantings shall be allowed in the typical sidewalk location. Any deviation to the standard alignment or location must be approved by the City Engineer. 13. The configuration of the off-street parking shall be adequately dimensioned and shall comply with the requirements of Section 18.50.120 of the zoning ordinance unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing. 14. Concrete curbing shall be provided around the entire parking lot perimeter and adequately identified on final site plan. Typical curb details, i.e., raised and/or drop curbs, shall be provided to and approved by the City Engineer. 15. Public street intersection sight triangles shall be free of plantings which at mature growth would obscure vision within the sight triangle. 16. Caretakers' residence shall only be used by or rented to an employee or affiliate of the day care center. The residence shall have a separate entrance located on the side or rear yard. Details must be provided on the final site plan. 17. 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 Gallatin County Clerk and Recorder's office). 18. The applicant shall plant one large canopy tree for every 50 feet of street frontage along Wheat Drive, and shall be an acceptable species as identified in Section 18.49.060.E.1. of the zoning ordinance. 19. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 20. All of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. 21. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 22. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. . 07-17-2000 - 21 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, . Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman: those voting No, none. Break. 7:55 to 8:00 D.m. Mayor Youngman declared a break from 7:55 p.m. to 8:00 p.m., in accordance with Commission policy. Public hearina - Preliminary Dlat - South Meadows Condos - Ken LeClair for Euaene Graf III. Yvonne Graf Jarrett. and the Estate of Teresa Genevieve S. Graf. allow subdivision of 25.935 acres described as Lot 1 of Graf Four Lot Minor Subdivision. locate'd in Graf's Fourth Addition. into lots for a 100-unit condominium elanned unit develoement (south of SDrina Meadows Subdivision. north of Sundance Serinos Subdivision and east of Sourdough Creek Proeerties) (P-0023) Public hearing - Conditional Use Permit for Planned Unit DeveloDment - South Meadows Condos ~ Ken LeClair for Euaene Graf III. Yvonne Graf Jarrett. and the Estate of Teresa Genevieve S. Graf- allow develooment of 100.unit condominium oroiect to be constructed under a fourteen-chase residential elanned unit develooment on 25.935 acres described as Lot 1 of Graf Four Lot Minor Subdivision. located in Graf's Fourth Addition (south of Serina Meadows Subdivision. north of Sundance Serinas Subdivision and east of Sourdouah Creek ProDerties) (Z-0053) This was the time and place set for the public hearing on the preliminary plat for South Meadows Condos, as requested by Ken LeClair for Eugene Graf III, Yvonne Graf Jarrett, and the Estate of Teresa . Genevieve S. Graf under Application No. P-0023, to allow subdivision of 25.935 acres described as Lot 1 of Graf Four Lot Minor Subdivision, located in Graf's Fourth Addition, into lots for a 100-unit condominium planned unit development. The subject property is more commonly located south of Spring Meadows Subdivision, north of Sundance Springs Subdivision and east of Sourdough Creek Properties. This was also the time and place set for the public hearing on the Conditional Use Permit for Planned Unit Development for the South Meadows Condos, as requested by Ken LeClair for Eugene Graf III, Yvonne Graf Jarrett, and the Estate of Teresa Genevieve S. Graf under Application No. Z-0053. to allow development of a 1 OO-unit condominium project to be constructed under a fourteen- phase residential planned unit development on 25.935 acres described as Lot 1 of Graf Four Lot Minor Subdivision, located in Graf's Fourth Addition. The subject property is more commonly located south of Spring Meadows Subdivision, north of Sundance Springs Subdivision and east of Sourdough Creek Properties. Mayor Youngman opened the public hearings. Senior Planner Dave Skelton presented the staff report. He reviewed the information submitted to date, including a memo from City Engineer Craig Brawner, dated July 5: a memo from him, dated July 12, responding to questions and comments raised at last week's meeting: and a memo from Project Engineer Bob Murray, dated July 13. He noted that a significant amount of public comment has also been received, and several letters have been included in the packet. . The Senior Planner highlighted the two applications, which are for subdivision of Lot 1 of the Graf Four Lot Minor Subdivision located south of Spring Meadows Subdivision and north of Sundance 07-17~2000 .. -. - 22 - Springs Subdivision, and development of a 100-unit condominium project. He reviewed the . application for subdivision, noting that Sourdough Trail and existing wetlands and mature vegetation are helping define how development of the subject 26-acre site will occur. He noted that Graf Street is to be constructed as a full City-standard street, with looped interior roads for traffic circulation. He indicated that, with subsequent subdivisions in the area, Graf Street is to be extended to eventually connect Spring Meadows Subdivision and Sundance Springs Subdivision. The infrastructure is to be constructed in two phases, while the condominium project is to be constructed in fourteen phases. The Senior Planner reviewed the site plan as submitted, noting that various advisory bodies have reviewed the plan and forwarded their recommendations. He briefly summarized those recommendations for approval, subject to the conditions outlined in the staff report. He noted that at the City Planning Board meeting held on June 20, a significant amount of public input was received; and the four key items raised were density, wildlife and habitat, high groundwater, and traffic. He noted the Planning Board was very concerned that the traffic information provided did not include the traffic from Sundance Springs and other developments along South 3rd Avenue and Goldenstein Lane; and supplemental information was subsequently provided. He concluded by forwarding the Planning Board's recommendation for denial, noting that if the Commission chooses to approve the application, the staff report contains recommended conditions for approval. Mr. Gene Graf, applicant and owner of the property, stated he purchased the land in the 1960s and it was annexed and zoned in the 1970s. He noted that area economics precluded development in the 1980s and questions of access and reconstruction of South 3rd Avenue have further delayed development until this time. He stated that Graf Park East and Jarrett Park satisfy the parkland requirements for this subdivision; and the 4.688 acres dedicated for the Sourdough Trail are also to be used as credits for park dedication. He concluded by noting there are several people present to . discuss specific aspects of the proposal. Mr. Ken LeClair, builder in the Bozeman area, stated he has done several projects of the type proposed for this site; and he has a good rapport with the City, the community, and the people who have been his clients. He characterized South Meadows as a special project, and stressed that landscaping, green space and open space are important in the project. He noted that, in laying out the proposal, he has taken care to avoid interfering with the wetlands and has been careful to ensure that the water lines and roads are looped for adequate fire protection. He noted that the structures are to be set back twice the distance required from the public street; and he has tried to provide a substantial green buffer between the buildings and the Sourdough Trail. He noted, in fact, that the normal setback is 20 feet; and the proposed setback for this project ranges from 75 to approximately 155 or 160 feet. The density of this condominium development is 3.85 units per acre, while Fox Hollow has 8.2 units per acre, Spring Meadows Subdivision has 3.87 units per acre, and the small condominium development north of the assisted living facility has 7.6 units per acre. He concluded by voicing his willingness to work with the City and requesting approval of this project. Ms. Mara Gai Katz, Cikan Architects, reviewed the design strategy in developing the plan for this project, noting that traffic circulation, the floodplain, wetlands, Mathew Bird Creek, and major and minor pedestrian links were all factors. She noted that, with those factors in mind, a curvilinear design has been created for this lot; however, she stated the remaining three lots are to be developed in a more traditional manner. She stated that this project has been designed to ensure open space, landscaping or wetlands views for all of the units while ensuring the protection of wildlife habitat. . Responding to questions from Mayor Youngman, Ms. Katz stated that there are to be four tri- plexes and the rest of the units are to be duplexes. She indicated that the curvilinear street and 07-17-2000 -..-.. -- ---- --.--- - 23 - variations in building designs will result in no more than one garage being visible at a time. She . indicated that the palette includes four colors. in their vari~us hues; and up to four colors can be used on a unit. Mr. Ray Center. Rocky Mountain Engineers. addressed several of the issues raised during the Planning Board hearing. He stated that groundwater on the site has been monitored for some time. and the results have been consistent between spring runoff and a week ago. He noted that the typical range is 2 Y2 feet to 8 feet or more. with the area near Graf Street registering 5 to 5 Y2 feet. He indicated that. with the way the project is designed. earthwork on the site can be balanced so truckloads of materials do not need to be hauled in and out of the area. except for road construction. He stated that. once the dirt work has been done and the building sites have been slightly elevated. there should be a minimum of 6 feet from the finished floor to groundwater. Mr. Center stated that City water and sewer services will be extended to the site; and storm drainage and detention facilities will meet City requirements. He indicated that the detention ponds are to be spread throughout the project. rather than concentrated in one area. He noted that the streets within the project will be private streets and will. therefore. be maintained by the homeowners. He stated that the existing taxes on the property are $550 per year; and after development, they will be approximately $185.000 per year. Mr. Center noted the traffic analysis by Kimley-Horn and Associates reveals that this development will have minimal traffic impacts on the surrounding area and that the existing intersections will operate at acceptable levels of service and meet subdivision regulations. He noted that the City's Engineering Office reviewed the traffic study and concurs in that analysis. . Responding to Commissioner Kirchhoff. Mr. Center stated that the interior streets will be constructed as city streets, with curb and gutter. Responding to Mayor Youngman, Mr. Center stated that the groundwater monitoring results varied only two or three inches during the monitoring period. He also stressed that in those areas where the groundwater is closest to the surface, up to four feet of fill will be brought in before construction begins. Mr. Michael Lloyd, Kimley-Horn and Associates, stated he has spent the last seven years studying traffic and transportation studies from coast to coast. He gave a very brief overview of the study and the assumptions upon which it is based. He noted that two different sets of criteria are used in traffic studies, the National Standards and the Institute of Transportation Engineers' Trip Generation Manual. He highlighted the projected trips from this condominium development and the distribution of those trips. He reviewed the projected levels of service at the various intersections, noting they range from Level of Service (LOS) A to C, with few of the levels dropping from current levels. Responding to Commissioner Kirchhoff, Mr. Lloyd stated that, when making the 2020 traffic projections, they did not reroute or redistribute traffic from the current thoroughfares. He noted that a South 11 th Avenue extension or other road connections could provide relief for South 3rd Avenue. With the geometries in place at the intersection of South Willson Avenue and Kagy Boulevard and the timing of the traffic signal, he cautioned that intersection could reach a Level E; however. some . mitigating measures are available to address that issue. 07-17-2000 - -- -..-- .------- --- -.-------- - -.- ----------- ----~-- . - - .-......-.. -----...-- --.--.-.-.-- ..- - - - 24- Commissioner Frost voiced his concerns with the road configuration at the intersection of South . Third Avenue, Graf Street and Wagon Wheel Road, and Questioned how "something so dysfunctional" can operate at Level A or B. Mr. Lloyd responded that, from a capacity standpoint, the numbers work; however, he suggested some options may be available for addressing the perceptions that the intersection is a problem, possibly by providing a left turn lane onto Graf Street for southbound traffic on South 3rd Avenue. Mayor Youngman stated that, from the data provided, it is not possible to tell what the gross numbers on Graf Street and South 3rd Avenue will be after this project is completed. Ms. Holly Brown, attorney representing the applicants, stated that both Mr. Graf and Mr. LeClair are third generation Bozemanites; and "they are not going anywhere". She noted that they have hired professionals to ensure the area is protected while being developed; and they have willingly accepted recommendations from the various City staff members and advisory boards. She also noted this project is what the master plan and zoning designation encourage, and it also meets the subdivision regulations. She noted that it is urban residential infill, at a density that is less than surrounding development or what is allowed under the existing zoning designation. She stated that traffic concerns have been adequately addressed and, while it appears groundwater will not be a problem in the development, the property owner is willing to include a notation on the plat, as suggested by the Planning Board. She stated that over 60 percent of the property is to be in open space, and existing trees will be incorporated into the landscaping of the site to the greatest extent possible. She also noted that public access will be provided through this private property, so the community can gain access to the trail system. She concluded by encouraging approval of this application. . Ms. Lisa Graumlich, 2805 Spring Meadows Drive, stated she is an environmental scientist by training and practice. She recognized that infill development is sensible and mitigates the urban sprawl problems. She is, however, gravely concerned about the density of this proposed development, particularly in light of how it might impact the wildlife habitat and riparian area. She concluded by encouraging the Commission to promote density that balances economics and habitats. Ms. Kendall Dittmar, 31 50 G raf Street, spoke in favor of the project, noting that she has contracted Mr. LeClair to construct both a single-family residence and a condominium. She noted that she lives next to Sourdough Trail and looks at the area where the development is proposed; and she uses the trail daily. She characterized this proposed condominium project as being what the master plan envisions and a welcome addition to the community. She concluded by noting that Mr. LeClair's projects are done on time and on budget and, during construction, he maintains a clean site; and all of those issues are important to the neighbors. Mrs. Penelope Stiff Watkins, 177 Lucille Lane, stated she is the Director of Spring Meadows Assisted Living, which is adjacent to the subject land. She noted that Spring Meadows houses vulnerable seniors who need some form of assistance, although at least half of them are able to go for walks. She recognized that this property will be developed; however, she raised concerns about the safety of the seniors, particularly in light of the additional traffic that will result from the development. . Ms. Tara Reising, 115 Graf Street, stated that she, too, is concerned about increased traffic on Graf Street. She noted that, during the school year, children wait at at least one bus stop along that street, and asked that the traffic issues be addressed prior to approval of any development in this area. 07-17-2000 .._.__n___ - 25 - Mr. Sandy Ferraro, 3002 Colter Avenue, stated that development of this site should be done in a manner that addresses the health, safety and welfare of the community at large. He noted there . are a number of walkers and others who access the parks and trails. He recognized that some of the groundwater issues have been addressed; however, he stressed that care must be taken to protect this fragile land. He also encouraged a wider buffer strip between the trail corridor and the buildings, and concluded by suggesting that the subject property be developed at a density similar to that of Sundance Springs Subdivision. Mr. Tom White, attorney retained by several neighborhood individuals, voiced concerns about the proposed development. He noted that twelve years ago, the City allowed Fairway Drive to be terminated rather than providing a second access; and that action is now creating traffic flow problems in the area. He recognized that the property owner has a right to develop the land and that this project may meet the criteria for a subdivision and a planned unit development; however, he noted there are some subjective factors to be considered as well. He encouraged the Commissioners to carefully consider the traffic impacts on Graf Street and its intersection with South 3rd Avenue and Wagon Wheel Road, particularly in light of the fact that this is only one lot in a four-lot subdivision. He noted that impacts on the schools and impacts on the wildlife habitat and wetlands must also be considered. He concluded by encouraging the Commissioners to consider the objections he has forwarded as they make their decision. Ms. Linda Kane, 3014 Colter, noted that Peccia and Associates have reviewed the traffic study and, while they concur that the report is correct and meets guidelines, they have also cautioned the cumulative impact of this and other developments must be considered. She encouraged the Commission to be attentive to the needs of Sourdough Trail and the roadways. She concluded by asking the Commission to consider the potential liability that the City may face in the event of a flood . or snow with only one access to the site. Ms. Holly Brown addressed the issue of density, noting that the current zoning designation would allow the construction of 143 single-family residences on this property; and this proposed condominium project results in an additional 500 square feet of open space per unit. She noted that some of the traffic concerns have been addressed, stating that a manned crossing is provided on South 3rd Avenue, and bussing further provides for the safety of the children in the area. She noted that a buffer strip three times the width required has already been provided; and a lower density project has been proposed. She stressed that the Commission cannot ignore the criteria for this subdivision or planned unit development in its decision making process. She concluded by stating that the traffic study has been reviewed by and accepted by the City's professional engineers. Mr. Michael Lloyd reviewed the information on which the traffic study was based, noting that the ITE Trip Generation Manual sets an average rate of 5.86 trips per dwelling unit per day for condominiums and 9.57 trips per dwelling unit per day for single-family detached houses. He indicated that if the safety of school children has not been adequately addressed, steps can be taken to do so. He concluded by stating he has projected 600 trips over a 24-hour period on Graf Street from this development. Responding to Mayor Youngman, Mr. Lloyd stated that several factors are taken into consideration when determining the level of service at an intersection. He noted that those factors are the result of decades of research, and it is possible to find different levels of service at different . times and at different locations along a road. 07-17-2000 ---- - 26 - Break - 9:52 to 10:00 o.m. . Mayor Youngman declared a break from 9:52 p.m. to 10:00 p.m., in accordance with Commission policy. Public hearina (continued) - Preliminary clat - South Meadows Condos - Ken LeClair for Euaene Graf III. Yvonne Graf Jarrett. and the Estate of Teresa Genevieve S. Graf- allow subdivision of 25.935 acres described as Lot 1 of Graf Four Lot Minor Subdivision. located in Graf's Fourth Addition. into lots for a 100-unit condominium Dlanned unit develooment (south of Sorina Meadows Subdivision. north of Sundance Sorinas Subdivision and east of Sourdouah Creek Prooerties) (P-0023) Public hearina (continued) - Conditional Use Permit for Planned Unit Develocment - South Meadows Condos - Ken LeClair for Euaene Graf III. Yvonne Graf Jarrett. and the Estate of Teresa Genevieve S. Graf- allow develocment of 100-unit condominium orolect to be constructed under a fourteen-chase residential clanned unit develocment on 25.935 acres described as Lot 1 of Graf Four Lot Minor Subdivision. located in Graf's Fourth Addition (south of Sorina Meadows Subdivision. north of Sundance Scrinas Subdivision and east of Sourdouah Creek Procerties) (Z-0053) Mayor Youngman noted the late hour of the meeting and the fact that additional agenda items remain. In response to her query about making a decision at this time or delaying it to next week, a majority of the Commissioners indicated a willingness to make a decision at this meeting. Commissioner Kirchhoff stated he is compelled to believe the information provided by the traffic engineer, particularly in light of the fact that it has been confirmed by their peers. He noted that the study suggests some good modifications that may need to be implemented, and questioned whose . responsibility that would be. Senior Planner Skelton noted that the traffic study included all of the lots, but it can be updated as the other lots are developed. Mayor Youngman asked about the highest monitoring well reading for this phase, which was 26.4 inches. She also asked about the proposed 6 feet of fill, particularly close to the trail, where the result would be high profile units in a very sensitive area. Senior Planner Skelton responded that the units are an average of 91 feet from the trail corridor, and a visual grade of 4 to 5 percent will be insignificant from the trail. He also noted he anticipates berming and landscaping, which should help minimize the impacts; and he suggested that more mature vegetation can be required if the Commission so chooses. Mr. Ray Center stated that, when the project is constructed, there will be an average of six feet from the groundwater to the finished floor, which means there would only be 3 Y2 feet of fill instead of six feet. He then noted the closest setback to the trail is to be 75 feet. Further responding to Mayor Youngman, Mr. LeClair stated that, if necessary, a sump pump could be used to pump groundwater into the storm detention area. He then confirmed that the units are to be a minimum of 75 feet from the trail, even though the plans may show the closest units being only 55 feet from the trail. . Mayor Youngman recognized that the wetlands are not located on this lot, and asked if any consideration has been given to the impacts this development may have on the adjacent wetlands. 07-17-2000 - 27 - Mr. Gene Graf stated they have carefully reviewed this issue, and it is his understanding there . will be no net difference in the charge into the wetlands because the run-off from impervious surfaces is to be retained on site. Mayor Youngman suggested that, to ensure better protection of the sensitive areas, the condominium development be pulled closer to Graf Street. Mr. Graf responded that the proposed design was in reaction to the Commission's previous comments on smart growth. He feels the design works well and gives the public more open space; however, he indicated a willingness to pull the development closer to Graf Street if necessary. Senior Planner Skelton reminded the Commission that this area has been designated for urban residential infill, and noted this proposal is reflective of the planning charette recently completed. He noted that, under the "R-2", Residential--Single-family, Medium-density, zoning designation, 143 units could be constructed on the subject property and, with a density bonus and a planned unit development, 202 units could be constructed. He then indicated that the applicant is proposing a private street, with parking along one side and sidewalks on the other side. He noted that his memo of July 12 contains an additional recommended condition that a reconnaissance survey be submitted for review and approval by the Historic Preservation Office. Since there were no Commissioner objections, Mayor Youngman closed the public hearing on the preliminary plat. Commissioner Kirchhoff recognized the extra work that has gone into this proposal, which provides for density of development where the City has indicated it is desirable. He stated that he . feels the issues raised have been adequately addressed and, as a result, he will support the project. Commissioner Smiley voiced her concurrence with Commissioner Kirchhoff's comments. Mayor Youngman stated she feels it is important to address the traffic issues rather than leaving them for future phases. She suggested that, to ensure the safety of the children in the general area, a condition should be added to require sidewalk along one side of the street; and a left-turn lane should be required on South 3rd Avenue. She also asked if bike lanes should be required along the street, since they could provide a safe route to the schools. She forwarded her desire to have a notation added to the plat regarding the groundwater levels, and voiced her appreciation for the developers' willingness to move the condominiums closer to Graf Street to buffer the natural area in the center. She suggested that open space which serves as an extension of the back yards is "not necessarily of value". Commissioner Brown voiced his support for the plan as submitted; a majority of the Commissioners indicated their concurrence with leaving the plan as it was presented. Mayor Youngman stated she has no problem with adding the condition regarding historic preservation review. Responding to Mayor Youngman, a majority of the Commissioners concurred that a condition should be added regarding a groundwater notation on the plat. . 07-17-2000 - 28 - Mayor Youngman proposed a condition to require that the develop install sidewalks along Graf . Street to its intersection with South 3rd Avenue; as a result of discussion, a majority of the Commissioners indicated they do not support that proposal. It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the preliminary plat for South Meadows Condos, as requested by Ken LeClair for Eugene Graf III, Yvonne Graf Jarrett, and the Estate of Teresa Genevieve S. Graf under Application No. P-0023. to allow subdivision of 25.935 acres described as Lot 1 of Graf Four Lot Minor Subdivision, located in Graf's Fourth Addition, into lots for a 1 OO-unit condominium planned unit development be approved, subject to the following conditions: 1. 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 basin location, show location of and provide easements for the detention facilities and 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 detentionlretention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any storm water 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. . 2. 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 shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks, 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 street frontages at the time that the streets are constructed unless a variance is granted by the City Commission to defer the construction of the sidewalks until the buildings are constructed. . 4. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 07-17-2000 - 29 - 5. The Montana 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. 6. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 7. Project phasing shall be clearly defined including installation of infrastructure. 8. Pursuant to Section 16.24.030 of the Bozeman Area Subdivision Regulations, "Any internal street not meeting the standards of Chapter 16.16.080 of these Regulations shall be a private street". The proposed streets do not meet those standards, therefore, all streets proposed within the development shall be private and the final plat shall show Public Access Easements for the streets rather than right of way. 9. That, prior to issuance of a building permit to proceed with construction of the condominium development, the final subdivision plat for the 4-lot minor subdivision shall be filed and recorded at the Gallatin County Clerk & Recorder's Office. 10. That the applicant install boulevard street lights at a regular spacing along the Graf Street frontage that complies with Section 18.50.035.A, Glare and Lighting, and that the applicant provide a typical light fixture detail that demonstrates a fixture that deflects light down and/or away from any adjoining residential district and shall . not detract from driver visibility on adjacent streets, for review and approval. 11. That the applicant provide on the final site plan a landscape legend that includes botanical and common names of vegetation, size of plantings at time of installation and at maturity, and areas to be irrigated. 12. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all applicable documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two clothback copies of the final plat, or the equivalent thereof, must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high density 3 % -inch floppy disk. 13. That the applicant obtain Montana Department of Environmental Quality approval of the condominium subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M. 14. That the applicant provide with the application for final plat review and approval a copy of a signed Memorandum of Understanding with the Gallatin County Weed Control District. 15. A Certificate of Title prepared by a licensed title company shall be submitted with . the final plat application. 07-17-2000 --.-,. .--..--.... - _u ______ --..-.---- - 30 - 16. The final plat shall provide public utility easements along side and rear lots lines as . required by the subdivision regulations. However, in the event front yard easements are used, rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies indicating that front yard easements are adequate. The easement note required in Section 16.14.050 of the subdivision regulations shall be provided on the final plat. 17. That the final plat and homeowners' association documents delineate and describe the location of the prescribed thirty percent (30%) open space and fifteen percent (15%) "common open space" for review and approval by the Planning Office prior to final plat approval. 18. That the applicant be permitted to install a curb side sidewalk along one side of the private street, that on-street parking be allowed on the same side of the private street, that the opposite side of the private street with no parking allowances be signed "No Parking, Fire Lane" in accordance with the requirements of the subdivision regulations, and that the curb side containing said "No Parking, Fire Lane" signage shall be painted yellow. 19. That, prior to final plat and final PUD plan approval, the applicant shall conduct a reconnaissance survey for review and approval by the Historic Preservation Office of the Montana Historical Society. The existing state and conditions of the subject property shall not be disturbed until the reconnaissance survey has been submitted, reviewed and formally approved by the Preservation Office. . 20. That the applicant execute and file with the final plat a waiver of right to protest creation of a city-wide park maintenance district for maintenance and upkeep of dedicated parkland and trail system(s) for review and approval by the City of Bozeman prior to final plat approval. 21. Notes shall be added to the final plat that reference the presence of high groundwater in the area and that structures with basements are not recommended. 22. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements and address all applicable contingencies. 23. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval. At the end of this period the governing body may, at the written request of the subdivider, extend its approval for no more than one (1) calendar year, as outlined in Section 16.10.050.J of the subdivision regulations. 24. That the applicant submit with the application for final plat review and approval of . the condominium development, a written narrative stating how each of the conditions of Preliminary Plat approval has been satisfactorily addressed. 07-17-2000 - 31 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman; those . voting No, none. Senior Planner Skelton briefly reviewed the staff report for the Conditional Use Permit. He stated that staff has ,reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. He concluded by forwarding staff's recommendation for approval, subject to eleven conditions. Mr. Gene Graf indicated his concurrence with the staff report and indicated a willingness to respond to questions. Mayor Youngman asked about the landscaping detail along the area where the buildings will be constructed closest to the trail. Mr. LeClair stated that they have discussed the idea of hedges, but that idea has not been well accepted. He noted, however, he would be willing to plant bigger trees to provide for better separation. Mayor Youngman suggested that cottonwood, aspen and possibly willow trees be used, since they are more consistent with the natural area. Mr. LeClair responded that he used aspens at his office complex on West Koch Street; and he would be willing to cluster aspens along this project to provide a buffer. . Mayor Youngman voiced her interest in seeing more connectivity to this area, rather than through just one collector street. Since there were no Commissioner objections, Mayor Youngman closed the public hearing for the Conditional Use Permit. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Conditional Use Permit for Planned Unit Development for the South Meadows Condos, as requested by Ken LeClair for Eugene Graf III, Yvonne Graf Jarrett, and the Estate of Teresa Genevieve S. Graf under Application No. Z-0053, to allow development of a 1 DO-unit condominium project to be constructed under a fourteen-phase residential planned unit development on 25.935 acres described as Lot 1 of Graf Four Lot Minor Subdivision, located in Graf's Fourth Addition, be approved, subject to the following conditions: 1. That a stronger emphasis be given to the pedestrian linkage points between Sourdough Trail and the cul-de-sacs in Phase 7 and Phase 14, through the implementation of landscape and architectural features, and with a greater building separation between the condominium structures. The site plan shall contain details of said landscape and architectural features for review and approval prior to final site plan approval. 2. That the homeowners' association documents be recorded and filed at the Gallatin . County Clerk & Recorder's Office with the final plat and prior to final site plan approval for the condominium planned unit development. 07.17-2000 ---. -- -..- -.--..------ - 32 - 3. That the applicant provide additional boulevard trees along the interior private drive, . at a minimum spacing of one (1) boulevard tree between each condominium structure, in order to provide a stronger sense of the streetscape, and that the landscape plan be revised accordingly for review and approval. 4. That the site plan demonstrate typical dimensions for a minimum 20~foot garage driveway for each of the condominium structures that provides adequate parking length between the facade of each garage and the inside edge of the sidewalk, or curb of the private street, to avoid vehicles from encroaching into the interior street when parked. 5. That the applicant provide the Planning Office with an actual materials palette demonstrating the type of asphalt shingles, wall finish, trim, and window frames to be used on the project prior to final site plan approval. 6. The developer shall design and construct Graf Street to a City-standard with curb and gutter on both sides, boulevard sidewalk along the east side, and a temporary turn around cul-de-sac at the south end, from its current location in Spring Meadows Subdivision to the south end of South Meadows Condominiums. 7. That the applicant shall provide additional buffering between those condominium units closest to the Sourdough Trail and the trail. The buffering shall include the planting of aspen trees, in clusters, and the landscape plan shall be revised accordingly and submitted to the Planning Office for review and approval. . 8. The developer shall enter into an Improvements Agreement with the City of Bozeman to guarantee the installation of required on-site improvements at the time of final plat submittal. Detailed cost estimates, construction plans and method of security shall be made a part of said Agreement. 9. If occupancy of the structure is to occur prior to the installation of all on-site improvements in that phase, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements in that phase shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 10. A building permit must be obtained prior to proceeding with construction of the structures, and must be obtained for Phase I within one (1) year of final plat approval. Building permits will not be issued until the final subdivision plat and final site plan have been approved and all required infrastructure improvements for said phase has been installed, inspected and accepted by the City of Bozeman. 11. That the applicant provide seven (7) copies of the final site plan and supplemental document containing the streetscape profiles, architectural design, building footprint, elevations, floor plans, and landscape features prior to final site plan . approval. 07-17-2000 - 33 - 12. That the applicant submit a written narrative with the final PUD plan outlining how . each of the conditions of approval have been addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Public hearina - Maior Site Plan with Certificate of Accrooriateness - Partners in Architecture. recresentina Gallatin Center Limited Partnershio - allow construction of 90.957 SQuare feet of retail soace on Lot 1 0 of Gallatin Center (2122 Burke Street) (Z-0038) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness as requested by Partners in Architecture, representing Gallatin Center Limited Partnership, under Application No. Z-0038, to allow the construction of 90,957 square feet of retail space on Lot 10 of Gallatin Center. The subject property is more commonly located at 2122 Burke Street. Mayor Youngman opened the public hearing. Associate Planner John Sherman presented the staff report. He noted that Phase II of the Gallatin Center Planned Unit Development includes Lots 9 and 10; and this application is for Lot 10 only. He indicated that the applicants propose to construct over 90,000 square feet of retail space in five separate buildings, with 392 parking spaces and attendant landscaping and pedestrian amenities. He stated that the Development Review Committee denied the first application submitted; . and this application reflects reduced parking spaces and increased people amenities as well as revisions to the facades of the structures. The main access to the site is to be from North 19th Avenue via Burke Street; and a second access is proposed from Max Street. The Associate Planner stated that the Planning staff, Development Review Committee and Design Review Board have reviewed this application in light of the criteria set forth in the zone code; and staff's comprehensive findings are included in the written staff report. He noted that, based on that review, a recommendation for approval, subject to 43 conditions, is being forwarded for Commission consideration. Mr. Gene Graf, owner of the property, noted he acquired the property in the 1970s and assisted in the planning and development of the North 19th Avenue interchange. He affirmed his commitment to making the Gallatin Center Planned Unit Development an attractive development, with a significant amount of green space, landscaping and berming to minimize any visual impacts from North 19th Avenue. Mr. Phil Montgomery, POB Montgomery, stated his firm has developed many neighborhood and community centers around the United States; and he works with national tenants as well as local tenants. He noted that Bozeman draws shoppers from a very large area; and this proposal follows the entryway corridor plan and the plan for this planned unit development. He stated that this development will bring in products not already available in the Bozeman market, at competitive prices. He stated that, based on 1999 valuations, existing development in the Gallatin Center pays $314,075 in taxes; and this development will provide another $300,000 to $450,000 in tax revenues. He . concluded by noting that the plan includes 33 percent green space on the site. 07-17-2000 .. -. ---- .--.-----.- ------------ - 34- Mr. Steve Clausen, Partners in Architecture, stated that he has worked with the Design Review Board to create a project that is pleasant, pedestrian friendly, aesthetically pleasing and provides a . sense of place. He noted that the plans conform with the Gallatin Center guidelines and meet the City's planning and zoning requirements. He briefly highlighted some of the amenities, including a seating area and concrete pads along The Fen for possible art displays. He showed the Commission a sample board of materials to be used, and stressed that, while national tenants are to be located in the development, the buildings will not reflect their typical elevations. Mr. Mark Haggerty, Greater Yellowstone Coalition, noted that, due to the late hour, some people who wanted to speak have left the meeting. As a result, he asked that this item be continued. He briefly reviewed the various types of development that have evolved over the years, from Main Streets to strip development to malls and now big box stores. He expressed concern that this development does not provide for mixed uses, including residential development, churches and a community center; rather, it is strictly a commercial area. He asked the Commissioners to think about the new master plan and to consider the long-term issues, including how to keep the area viable for more than twenty years. Mr. Dick Rolfe, 2525 North 19th Avenue, stated that, even though he would like to "turn the clock twenty years", he supports the proposed project. He characterized the Gallatin Center as a first class project that meets or exceeds code requirements. Mr. Steve Sparks, Wingate Inn, voiced his support for the project. He suggested that development along North 19th Avenue has strengthened the downtown because it has drawn additional people to the community. . Mr. Gene Graf stated that recent magazine articles have identified the dangers of trying to replicate the downtown in new developments in outlying areas. He reminded the Commission that when the Gallatin Center Planned Unit Development was approved two years ago, a large portion of residential development was eliminated, largely because of opposition from adjoining property owners. He concluded by noting his grandfather developed "much of the landscape on Main Street"; and he always stressed the importance of "going first class". Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley voiced her support for the proposed project, particularly with the interior loading and unloading area. Commissioner Brown characterized the proposed building as aesthetically pleasing. Commissioner Frost stated the proposal is nicely done; however, he is concerned that it feels sterile because the only people going to the stores will do so in cars. He noted that a condominium development is needed, to create a more pedestrian friendly atmosphere, and possibly a square that serves as a gathering place for public activities. He concluded by suggesting that exchanging the building on the east side with the parking lot would result in the building fronting on the street and provide a better appearance. Commissioner Kirchhoff stated that, while this is a nicely designed shopping center, he does not . support the application, based on its being detrimental to the public health, safety and welfare. He noted that this large scale commercial development would lead to congestion, safety concerns and noise and significantly impact the community's infrastructure. 07-17-2000 --- --.--- - 35 - Mayor Youngman voiced her appreciation for the hard work by staff, the advisory boards and . the applicant. She noted the project is consistent with the current code and standards and indicated that, while she may philosophically agree with Commissioners Frost and Kirchhoff, she will support this application. Responding to Mayor Youngman, the Associate Planner stated that possible relocation of the building was not discussed before the advisory boards. He noted that with the "U" shape of the buildings, the service court will not be visible from the street. He also indicated that the closest building will be 130 feet from North 19th Avenue and, with the berming and landscaping, the visual impacts of the parking lot should be minimized. Responding to Commissioner Frost, Mr. Clausen stated that, while he recognizes the reasons for moving of the easternmost buildings, he is concerned about the negative results, which include exposure of the entire service corridor and potential pedestrian safety problems. He noted that, with the design as proposed, places for outside dining and other seating areas could still be provided. Mr. Gene Graf noted that Target was constructed in Phase I of the Gallatin Center; and he anticipated that the same requirements would be imposed on subsequent development. He noted, however, that additional requirements have been made; and the result is a significantly improved design. He noted, in fact, that some of the features in this design will be included in the design for the Bob Wards proposal. Mr. Montgomery stated that concentrating this type of development in one area is preferable to scattering it throughout the community or allowing it to locate in the county. . It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Major Site Plan with Certificate of Appropriateness as requested by Partners in Architecture, representing Gallatin Center Limited Partnership, under Application No. Z-0038, to allow the construction of 90,957 square feet of retail space on Lot 10 of Gallatin Center be approved, subject to the following conditions: 1. Final site plan approval for this project will not be issued until the final plat for the Gallatin Center Subdivision, Phase II, is filed with the Gallatin County Clerk and Recorder's Office and all of the required conditions of the Gallatin Center, Phase II, are met. 2. Prior to final site plan approval, the applicant shall provide documentation to the Planning Office of the review and approval of this project by the Construction Committee of the Gallatin Center Association. This includes compliance with the Gallatin Center Site Development General Design Guidelines, Landscape Plan and Guidelines, Sign Design Guidelines and Lighting Guidelines. 3. Prior to final site plan approval, the applicant shall provide to the Planning Department written documentation of the review and approval of this project by the Montana Department of Transportation including, but not limited to: a. The ingress/egress drive located off North 19th Avenue. b. Landscaping and location of street trees in the North 19th Avenue . Greenway Corridor. 07-17-2000 ------------.- _._----~ - 36 - 4. Prior to final site plan approval, the applicant shall provide to the Planning Office written documentation of the review and approval by the Department of Natural . Resources and Conservation of any 310 or 404 permits or other permits required due to the proposed stream relocation on site. (The Fen) 5. The plan shall conform to Section 18.50.100 of the Bozeman Municipal Code and the Landscape Plan and Guidelines of the Gallatin Center Developmental Guidelines and provide acceptable landscape materials as outlined the Gallatin Center Plant List and as required in Section 18.50.100.G.C. (L) perimeter parking lot treatment, as required in Section 18.50. 120(B) 1 0, shall be installed to protect landscaping areas adjacent to parking lots, and (ii) Landscaping areas within parking lots must be protected from vehicular traffic through the use of continuous concrete curbs. The applicant shall confirm that the boulevard trees proposed for Burke Street are in compliance with the guidelines as to species and that they are not planted in the swale area. 6. Prior to final site plan approval the applicant shall revise the plans to reflect the correct number of parking spaces being proposed as discrepancies exist between the site plan and landscape plans regarding the total proposed number of parking spaces. 7. The applicant shall revise the landscape plans to be in compliance with Section 18.50.100.D.5.L of the Bozeman Municipal Code, permanent irrigation systems shall be provided to all landscaped areas, and (A) a minimum of twenty square feet of landscape area must be provided in the parking lot for each required off street . parking space in the lot. 8. The applicant shall delineate on plans compliance with Section 18.50.120.8.8., all parking stalls shall be marked with painted lines not less than four inches wide; Section 18.50.120. B. 9.. that any lighting used to illuminate an off street parking area shall be so arranged as to reflect light down and away from adjoining property public rights of way; Section 18.50.120.8.11, that all open off street parking areas and driveways shall have a six inch perimeter concrete curb around the entire parking area, including driving access ways; and Section 18.50.120.B, delineate on plan areas of snow storage. 9. The applicant shall conform to Section 18.50.120.B.17, that stormwater drainage from parking lots shall be directed into landscaped detention/retention facilities and water quality improvement facilities as required by the City Engineering Department. 10. The applicant shall delineate on plan compliance with Section 18.50.120.F.3.b., that one in every eight accessible spaces shall have an aisle eight feet wide and shall be signed "Van Accessible". Handicap access to the store from the parking area shall be delineated on plan. 11. The applicant shall comply with requirements as outlined in Section 18.50.130, and the applicant shall submit to the Planning Office for review and approval detailed drawings delineating a method of screening of the loading areas (service court) . located in the rear of the structure. The applicant shall delineate on plan the location and design of trash receptacles. 07-17-2000 - 37 - 12. The applicant shall comply with the requirements of Section 18.50.035.R, which . states that all development subject to minor or major site plan review shall provide adequate bicycle parking facilities to accommodate bicycle riding residents and/or employees and customers. 13. The applicant shall comply with the requirements of Section 18.50.060.0., which states that no newly constructed structure, parking lot or similar improvement shall be located closer than thirty-five feet to the mean high water mark of a watercourse as defined in the title. 14. The applicant shall provide to the Planning Department a color palette of the proposed structure, for review and approval prior to final site plan. 15. The applicant shall comply with Section 18.54.110.G., H., I., and J., and shall file with the Gallatin County Clerk and Recorder's Office a 70-foot-wide public Greenway Corridor Easement, which contains language that describes a meandering 8-foot-wide asphaltic pathway for pedestrian and bicycle circulation. A copy of the filed document shall be submitted to the Planning Department prior to final site plan approval. The 70-foot-wide public greenway corridor shall be identified on the final site plan. The applicant shall install a meandering asphaltic path within the greenway corridor from the northern property line to the southern property line of the lot. If the greenway and path are not installed prior to the occupancy of the structure, the applicant shall install the greenway and path within nine (9) months of occupancy of the structure, if the improvements are financially . guaranteed. 16. The applicant shall enter into an Improvements Agreement with the City of Bozeman to guarantee the installation of the required Improvements. Said Improvements Agreement shall include a detailed cost estimate for the improvements. If occupancy of the structure is to occur prior to installation of the required improvements, the Improvements Agreement shall 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 not less than twelve months, however all secured site improvements shall be completed by the applicant within nine months of occupancy to avoid default on the method of security. 17. A Storm water 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 stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the Gallatin County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. . 18. 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 07-17-2000 - 38 - 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 the 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 City acceptance of the infrastructure improvements. 19. 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 (PEl, and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for the construction inspection, post construction certification, and preparation of mylar record drawings. 20. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 21. Sewer and water service 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 maximum allowed drive aisle width is 35 feet. 24. Typical curb details (Le.. raised and/or drop curbs) and typical asphalt paving section 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 applicant shall obtain an access permit from the Montana Department of Transportation for the access onto North 19th Avenue and comply with all requirements of the permit in addition to these conditions. 26. The Montana Fish. Wildlife & Parks, SKIS, Montana Department of Environmental Health and Army Corp 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. 27. Ditch Relocation a. The Montana Fish, Wildlife and Parks shall be contacted by the applicant . regarding any proposed ditch/stream relocation and required permits 07~ 17-2000 ------------ --.-.-.-- - .-. --. ..-- --.--.--.------- - 39 - (i.e.. 310. 404, Turbidity exemption etc.) shall be obtained prior to final . site plan. 28. All existing utility and other easements must be shown on the final site plan. 29. Adequate snow storage area must be designed 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 Gallatin County Clerk and Recorder's office). 30. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 31. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, 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. If required by the WQB, an erosion/sediment control plan shall be prepared for the disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State Waters. 32. The applicant shall provide to the Building Department soils analysis and foundation recommendations from the State of Montana registered engineer prior to issuance of a building permit. 33. The 3-inch domestic water service is not consistent with City of Bozeman . standards. A 2-inch or 4-inch service must be used depending upon the requirements. 34. The location of the domestic water and fire service must be shown on the plans and approved by the Water Department. 35. Backflow protection must be installed and approved by the Water/Sewer Department. Backflow protection consistent with the City of Bozeman Water Department requirements must be installed On both fire and domestic water service lines. 36. No building permits will be approved by the Water and Sewer Department prior to the installation and approval of all on site infrastructure improvements. 37. The location of curb valves. fire and domestic, must be shown on the site, landscape and paving plans. The location of domestic and fire service inside the buildings must be shown and approved by the Water/Sewer Department. 38. The applicant shall provide landscape berming and plantings reflective of the previous plan submission, for review and approval prior to final site plan, in the 70- foot greenway corridor easement, the areas adjacent to the parking, and The Fen. 40. Within The Fen. the applicant shall provide seating areas (benches & trash . receptacles) and a pedestrian connection separate from vehicular traffic. 07-17-2000 - 40 - 41. The applicant shall provide to the Planning Department for review and approval, . prior to final site plan, designs for the screening of the following areas: a. The area of the proposed 16,040-square-foot retail space and exterior wall of Tenant 4. b. The area of the proposed tenants 5, 6, & 7, immediately adjacent to the service court. The designs for these areas shall be made a part of the Improvements Agreement and Financial Guarantee which shall be filed at the Gallatin County Clerk and Recorder's Office. Said document shall contain language stating: Phase II of the project, which contains proposals for the construction of the remaining building footprints proposed for Lot 10, and subsequent lots shall commence construction within 18 months of the final site plan approval for Phase I. Should this construction not commence within 18 months of final site plan for Lot 10, Phase I, the applicant shall immediately commence the construction of screening improvements. No permits will be issued for the remainder of the project until the improvements are in place and approved by the Planning Department. 42. That the improvements as proposed including the Fen, the 7Q-foot Greenway Corridor, parking area landscaping/walkway, and screening of the service court adjacent to Tenant 1, be made part of Phase II, and that no occupancy permits shall be issued until the improvements are in place or financially guaranteed. . 43. That any modifications of the site plan be brought back for review and approval by the Design Review Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No being Commissioner Frost and Commissioner Kirchhoff. Adjournment - 11 :57 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. ATTEST: MAR~u~~or . ~;!~ ROBIN L. SULLIVAN Clerk of the Commission 07-17-2000 -----