Loading...
HomeMy WebLinkAbout1999-11-01 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 1, 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, e Municipal Building, on Monday, November 1, 1999, at 3:00 p.m. Present were Mayor . Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey (evening session only), Staff Attorney Cooper (afternoon session only), City Attorney Luwe (evening session only) 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 - ADril 26. June 21. Julv 6. Julv 19. August 2. Auaust 16. SeDtember 7. SeDtember 20. October 18. October 25 and October 28. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of October 18 and October 25, 1999, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of April 26, June 21, . July 6, July 19, August 2, August 16, September 7, September 20, and October 28, 1999, to a later date. Further develoDment/Certificate of ADDrODriateness - City of Bozeman - allow construction of a 40-foot-hiah trainina tower for the Bozeman Fire DeDartment on Tract 12. Northeast Annexation (1812 North Rouse Avenue) (R-9915) This was the time and place set for review of an application for further development with Certificate of Appropriateness as requested by the City of Bozeman under Application No. R-9915, to allow the construction of a 40-foot-high training tower for the Bozeman Fire Department on Tract 12, Northeast Annexation. The subject property is more commonly known as 1812 North Rouse Avenue. Associate Planner/Urban Designer John Sherman presented the staff report. He stated that the Fire Department is proposing to construct a 40-foot-high training tower, which will cover an area 12 feet by 24 feet approximately 300 feet from the North Rouse Avenue right-ot- way. He briefly reviewed the zone code provision under which the City has agreed to follow the code requirements to the maximum extent possible. He stated that both the Development Review Committee and the Design Review Board have reviewed this application and forwarded recommendations for approval, subject to two conditions. . Director of Public Service Debbie Arkell noted that only two members of the Design Review Board were present at the meeting where this application was reviewed. She indicated that, at the present time, there are only two openings in the fence through which people can see into the yards. She stated it is important to maintain vision into the yards because of the abandoned vehicles located there, and the police like the ability to spotlight the area to ensure the safety of those vehicles; and the planting of shrubs would decrease that visibility. She also cautioned that the Montana Department of Transportation is scheduled to upgrade North Rouse Avenue within the next two to five years, and that work could negatively impact landscaping installed at this time. She noted that if landscaping is installed, since there are no heated buildings at the lower yard, a pit with a frost less hose bib would be required, at an approximate 11-01-99 - 2 - cost of $1,200. She then stated that plans are being undertaken for the construction of a 72- foot by 100-foot equipment storage building at the southeast corner of the property next year, and proposed that the issue of landscaping could be more appropriately addressed in conjunction with that project. Responding to Mayor Youngman, the Director of Public Service noted that the screening and landscaping proposed by the Design Review Board would be an extension of the landscaping at the adjacent Montana Power Company property, which allows for visibility into e the site. She then stated the huge evergreen trees located at the lower yards have been trimmed to allow vision into the yards. Responding to Commissioner Frost, the Director of Public Service cautioned against placing a condition on this fire training tower that requires landscaping in conjunction with future improvements; rather, she suggested that such direction be included in a separate motion. No one was present to speak in opposition to the requested Certificate of Appropriateness. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the application for further development with Certificate of Appropriateness as requested by the City of Bozeman under Application No. R-9915, to allow the construction of a 40-foot-high training tower for the Bozeman Fire Department on Tract 12, Northeast Annexation, be approved, subject to the following condition: 1. The applicant shall obtain all required building permits; and direct staff to identify ways to comply with Guideline D.4. of the Bridger/Rouse Design Objectives Plan and provide landscaping in conjunction with the construction of a new equipment storage building on this site next year, to decrease the visual impact of the City . maintenance yard. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. EmDloyment Aareement with City Manager for Fiscal Year 1999-2000 Mayor Youngman stated that the language in the Employment Agreement has not yet been completed and asked that this item be continued. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that consideration of this item be continued indefinitely. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Ordinance No. 1504 - Salary ordinance for emDloyees of the City Commission for Fiscal Year 1999-2000 Included in the Commissioners' packets was a draft of Ordinance No. 1504, entitled: ORDINANCE NO. 1504 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY OF THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. Mayor Youngman suggested that, in light of the action on the previous agenda item, this item also be continued indefinitely. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that action on Ordinance No. 1504 be continued indefinitely. The motion carried by the following Aye and 11-01-99 - 3 - No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Discussion - Commissioner croiects None of the Commissioners forwarded any comments under this agenda item. e Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Mary Kate Boling, 223 East Olive Street, dated October 27, asking about the City's third property on South Bozeman Avenue that was not rezoned. (2) Copy of a letter from Staff Attorney Cooper to the owner of the property at 1533 South Grand Avenue. The Staff Attorney stated that he met with Mr. Williams last week, and noted that staff will continue to monitor this situation. (3) Minutes for the Historic Preservation Advisory Board's meetings held on June 10, July 8, July 22, August 12 and September 9, 1999. Commissioner Rudberg thanked staff for the minutes, noting with interest that the Chamber of Commerce has provided a $4,500 grant for the printing of historic maps. (4) Minutes for the 9-1-1 Administrative Board meeting held on September 22, 1999. . (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 2, in the Commission Room. (6) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, November 2, in the Commission Room. (7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 2, at the Courthouse. (8) City Manager Johnson submitted the following. (1) Attended a meeting at MSU last week concerning economic development issues, and he has distributed information to the Commissioners as a result of the meeting. (2) Attended the 9-1-1 Administrative Board meeting on Wednesday, characterizing it as reasonably productive. He noted that he also visited the 9-1-1 center over the weekend. (9) Commissioner Rudberg submitted the following. (1) Stated her appreciation for the article on City Engineer Brawner in the newspaper. (2) Stated her appreciation for the brochure on pets prepared by the City Manager's secretary, particularly with the humor in it, and suggested it be revised to identify what is considered a "dog at large", to eliminate any potential questions. She then asked that this brochure be distributed with all licenses, including new licenses and renewals. In response to Commissioner Rudberg, the City Manager indicated . the costs of producing this brochure will be borne by the General Fund, probably through the Finance Department budget. (3) Noted the letter from Building Official Neil Poulsen regarding the hockey pavilion was interesting. (4) Stated that she spent Friday night, from 8:30 p.m. to 2:30 a.m. at the 9-1-1 center. (5) Asked if the Commission will see the information on damages to Bogert Park from Farmers' Market and who is going to bear those costs. The City Manager indicated this information will be presented at a work session. He then noted that this presentation will include all information on many different activities at the parks, after which staff will seek Commission direction on the level of support to be provided to those activities. (6) Stated that she felt the recent meeting held by the Department of Environmental Quality on the Bozeman Solvent Site was "the most disgraceful meeting" that she has attended. She 11-01-99 ---..-. --.-.---------. - 4 - noted that the questions asked were very simple and should have been answered, but were not. (7) Noted that Boulder, Colorado, has been cited as an example for Bozeman to follow, but it was out of control on Halloween for the second year in a row. (8) Stated her appreciation for the Northeast Neighborhood's organization and meetings, stressing the importance of recognizing this is an industrial area with residential uses. She suggested that the area try to address its problems without seeking City assistance. Mayor Youngman responded that the neighbors have spent five or six years trying to resolve the specific problems identified, without success, which is the reason that Code Compliance Officer Beall has become involved. (9) Indicated her appreciation for the ReVisioning document recently . completed by the Library. She noted that, in conjunction with that process, she has done some _ math on the revenues for the library and, based on the $973,000 budget and 21,000 users, she found that the cost is $4,635 per person. She noted, however, that when she divided the City's contribution of $675,000 by the approximately 10,000 city residents using the Library, the cost was $6,751 per person. (10) Commissioner Rudberg noted there are five meetings in November and suggested that the meeting of November 22, which is the beginning of Thanksgiving week, be cancelled. Mayor Youngman asked if the Commission wishes to cancel the meeting of December 27, which would be the meeting between Christmas and New Year's. The Commissioners concurred that both meetings should be cancelled. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3332 - intent to amend the land use desianation on 22 + acres of the reauested 134.24-acre "North 27th Area Annexation" . from Urban Residential to Commercial and the remaining 112 ~ acres from Urban Residential to Urban Residential Infill COMMISSION RESOLUTION NO. 3332 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE BY CHANGING THE LAND USE ELEMENT ON 134.24 ACRES DESCRIBED AS THE EASTERN 765 FEET Of TRACT 1 OF C.O.S. NO. 2050, ALL OF MINOR SUBDIVISION NO. 145A, TRACT 2 OF C.O.S. 2050, AND A PARCEL DESCRIBED IN FILM 12, PAGE 1159 AT THE GALLATIN COUNTY CLERK AND RECORDER'S OFFICE FROM "URBAN RESIDENTIAL" TO "COMMERCIAL" ON 22~ ACRES EAST OF THE NEW ALIGNMENT OF NORTH 27TH AVENUE AND TO "URBAN RESIDENTIAL INFILL" ON 112~ ACRES WEST OF SAID ALIGNMENT, CONTINGENT UPON ANNEXATION OF SAID PROPERTY. Acknowledae receiDt of reauest for annexation - CLC Associates. Inc.. on behalf of Kay H. Martinen and George E. Westlake - 2.573-acre Darcel located in the NE%. Section 1. T2S. R5E. and NW%. Section 6. T2S. R6E. MPM (extending north from WalMart site); refer to staff Acknowledae receipt of reauest for annexation - Amerimont. Inc. - 4.24-acre . Darcel described as Tract B-1. COS No. 1827 (located along east side of Valley Center Road. iust north of its intersection with Catron Street): refer to staff ADDointment of Commissioner Rudberg and Commissioner Frost to sub- committee to review Pledaed Securities as of SeDtember 30. 1999 Authorize City Manaaer to sign - Amendment No.2 to Professional Services Agreement for Oak Street ImDrovements (7th to Rouse) - Robert Peccia and Associates 11-01-99 - - --- - ----- - 5 - Commission Resolution No. 3333 - authorize City Manaaer to sian Change Order No.2 for Oak Street between North 7th Avenue and North Rouse Avenue - JTL Group, Inc. - add $1.390.00 and 0 calendar days COMMISSION RESOLUTION NO. 3333 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH e JTL GROUP, INC., BELGRADE, MONTANA. Commission Resolution No. 3334 - authorize City Manager to sian Change Order No. 3 for Oak Street between North 7th Avenue and North Rouse Avenue- JTL GrOUD. Inc. - add $7 .841.04 and 0 calendar days COMMISSION RESOLUTION NO. 3334 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH JTL GROUP, INC., BELGRADE, MONTANA. ExemDtion from subdivision review - relocation of four common boundary lines between Lots 1. 2. 3. 4 and 5. Block 2. Diamond Estates Subdivision (northwest corner of intersection of Durston Road and Meagher Avenue) Authorize City Manager to sian - Lease between the City and the Decartment of Environmental Qualitv for 10-foot by 10-foot area on roof of City Hall Annex (34 North Rouse Avenue) for air monitorina eauiDment for Deriod Julv 1. 1999 throuah June 30. 2006 Authorize City Manaaer to sign - Exhibit "A" of Librarv Services Contract between Gallatin County and the Librarv Board of Trustees - funding for . Fiscal Year 1999-2000 Authorize City Manaaer to sign - Aareement between City and Comma-Q Architects for addition to landfill eauiDment storage building Claims It was moved by Commissioner Rudberg, seconded by Commissioner Frost, 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 Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Pledaed Securities as of SeDtember 30. 1999 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Rudberg and Commissioner Frost have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. . Commissioner Rudberg reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Pledged Securities as of September 30, 1999, listed as follows: 11-01-99 --- ------ ------ -----... -- ---..-.-.-.-..---.- .. - -.-.- ------...-- - 6 - DEPOSITORY BONDS AND SECURITIES September 30, 1999 RATE MATURITY RECEIPT NO. TOTAL AMOUNT AMERICAN BANK - Bozeman . Repurchase Agreement Account Trusteed with American Bank, N.A.: Federal Home Loan Mortgage Co. 5.985 06/1 5/2001 3134A2HU5 1 ,382.000.00 Sub-Total $ 1,382,000.00 All Other Accounts Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with American Bank, N.A.: Federal Home Loan Bank 5.45 02/25/2000 243001736 1 ,500.000.00 Sub-Total $ 1,600,000.00 TOTAL - American Bank - Bozeman $ 2,982.000.00 . This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of September 30, 1999, by the banks of Bozeman and approve and accept the same. MARCIA B, YOUNGMAN, Mayor JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner SANDRA L. SMilEY, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. . Recess - 3:36 D.m. Mayor Youngman declared a recess at 3:36 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 c,m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 11-01-99 - ..--.-------.-----.-.....- - ..._. _.._. _u_____...... ,,_.._______._ - 7 - Public hearina - Commission Resolution No. 3320 - intent to annex 1.5 acres described as Tract C of an unnumbered survey Dlat on Page 492 in Book 135 of Deeds in the SE %. SE % . Section 31. T1S. R6E. MPM (871 Bridger Drive) - James and Joanne Kack (A-9907) This was the time and place set for the public hearing on Commission Resolution No. 3320, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3320 e 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 PARTICULARL Y 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. Assistant Planner Therese Berger presented the staff report. She stated the proposed annexation is located along the north side of Bridger Drive, east of Birdie Drive, with Bridger Creek Golf Course located along its northern edge and Bridger View Mobile Home Park immediately across the street to the south. The Assistant 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. She briefly highlighted those findings, noting that staff has identified the following issues to be addressed prior to or in the Annexation Agreement: 1. The Annexation Agreement, which addresses all conditions placed on the . annexation application by the City Commission, shall be returned to the City of Bozeman within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 2. The applicant shall submit an annexation map with a legal description of the property with the Annexation Agreement. The map must be supplied on a mylar (18-inch by 24-inch) for City records and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. 3. The property owner(s) shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, at the time the Annexation Agreement is submitted. 4. At the time existing or new structures apply for connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. . 5. 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) Signalization and intersection improvements to the intersection of Griffin Drive/Bridger Drive/Rouse Avenue. b) Street improvements including paving, curb/gutter, sidewalk, storm drainage for Bridger Drive. 11-01-99 --- _.. u_ _____ - 8 - c) Sewer and water main improvements across the rear of the property to serve this property and properties to the east. 6. Applicant shall provide a 30-foot-wide City standard sewer and water pipeline easement across the rear of the property, unless already secured at the time of annexation. The Assistant Planner stated that, to date, no public comment has been received. . Mr. Jeff Kack, representing the applicants, stated his concurrence with the staff report . and indicated a willingness to respond to questions. No one was present to speak in opposition to the application. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission authorize and direct staff to bring back an Annexation Agreement, which addresses Item Nos. 1 through 6 above, for consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearing - Commission Resolution No. 3328 - intent to annex 134.24 acres described as the eastern 765:t feet of Tract 1. COS No. 2050. Minor Subdivision No. 145A. a tract of land on Film 12. Page 1129. and Tract 2 of COS No. 2050 (west of The Gallatin Center. east of Davis Lane. south of Vallev Center Road) - SANDAN. LLC and Ronald L. Davis (A-9906) This was the time and place set for the public hearing on Commission Resolution No. . 3328, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3328 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 TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Youngman opened the public hearing. Assistant Planner Therese Berger presented the staff report. She stated that the property in this annexation request is also the subject of the next two public hearings. She stated the subject 134:1:: acres is located west of Gallatin Center and east of Davis Lane. She stressed that the School District property is not a part of the requested annexation, and noted that the development of that property and the other property to the north will remain outside city limits and will be reviewed by the Gallatin County Planning Office, although that review has not yet been scheduled. . The Assistant 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. She recommended that, if the Commission gives favorable consideration to this application, it include waivers and easement for Catron Street, which was inadvertently omitted in the staff report. She noted that staff has identified the following issues to be addressed prior to or in the annexation Agreement: 1. The Annexation Agreement, which addresses all conditions placed on the application by the City Commission, shall be returned to the City of 11-01-99 - 9 - Bozeman within one year of the City Commission's vote to annex the property, or the annexation approval will be void. 2. The applicant shall submit an annexation map with a legal description of the property with the Annexation Agreement. The map must be supplied on a mylar (18-inch by 24-inch) for City records and on either letter or legal size paper for filing with the Annexation Agreement with the County Clerk and Recorder. This map must be acceptable to the Director of Public Service. . 3. The property owner(s) shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, as outlined in Policy 5A which states that; "for any annexation in excess of ten (10) acres, it shall be carried out prior to final plat approval, final site plan approval or the issuance of any building permit, whichever occurs first provided applicant executes a promissory note or other appropriate document acceptable to the City. " 4. The Annexation Agreement shall include executed Waivers of Right to Protest the Creation of Special Improvement Districts for: a) A city-wide park maintenance district, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks b) Street improvements to including paving, curb and gutter, sidewalk and storm drainage improvements and any associated traffic signals for the following streets: Davis Lane North 27th Avenue Deadmans Gulch Road . Hulbert Road Baxter Lane Catron Street c) Water main improvements for trunk water lines including the following: Baxter Lane Davis Lane d) Trunk sewer main improvements to serve the property as outlined in the Wastewater Facility Plan. The documents filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 5. That at the time of any new development on the property, fire, street, . water and wastewater impact fees will be assessed. 6. The owner shall provide public street and utility easements for the adjacent collector and arterial streets as follows: a) A 50-foot easement (the east one half of the 100-foot arterial width) shall be granted for Davis Lane b) A 65-foot easement shall be granted for North 27th Avenue. A preliminary design of the horizontal alignment and the four 11-01-99 -------...... --- - 10 - lane transition of the street shall be submitted by the owners' engineer for review and approval by the City Engineer to ensure the easement will be adequate. The design and easement will need to expand at the southeast corner of the property to account for the transition to the future four-lane (split) facility south of the proposed annexation. c) A 65-foot easement shall be granted for Deadmans Gulch Road. . d) A 30-foot easement (the south one half of a 60-foot-wide city standard street) shall be granted for Hulbert Road. e) A 65-foot easement shall be granted for Catron Street. 7. Upon annexation and upon availability of service as defined by City Code, all existing dwellings shall connect to City water and sewer service. 8. The annexation agreement should include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure master plans and all City policies and guidelines that may be in effect at the time of development. 9. The Fire Marshal supports the annexation subject to the exclusion of the existing residential properties and other structures located in the southwest corner of the proposed annexation parcel. Presently there is no water supply for firefighting in the area, and as such, the Bozeman Fire Department would be unable to provide adequate fire and life safety services and the area is outside of the desired 5 to 7 minute response time. Should the Commission wish to exclude the residential properties, Planning staff will address the exclusion in the annexation agreement. . The Assistant Planner concluded by noting that no public comment has been received to date. Mr. Bob Lee, Morrison-Maierle, representing the applicants, identified other consultants who have been involved in the process and gave a brief history of the project. He noted that the arterial alignment of North 27th Avenue was originally along the eastern boundary of the subject property; however, the existing power line and curvature of the road caused frustration with attempts to create a development plan. He noted that with approval ofthe Gallatin Center development, the alignment of North 27th Avenue was moved west, at an angle to offset the road from the creek and the power line and to provide the needed sight distance. He stated that, in light of the need to acquire the right-of-way for the northward extension of North 27th Avenue, Mr. Davis agreed to become part of this annexation request, even though he has no immediate plans for development. Mr. Lee stated it is the intent of the applicants to progress with development of this property in a southeast to northwest progression, which will give an opportunity to loop the water system and make the necessary road connections. Mr. Bob Lee stated that the applicants have reviewed the issues to be addressed in the Annexation Agreement and are willing to accept them. He recognized the fire concerns that . have been raised, noting the applicants would prefer to annex the entire parcel if at all possible, rather than having to go through the process twice for the southwest corner of the parcel, where residences currently exist. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 11-01-99 ------- ------ --- ------------ ... .--...----- - 11 - City Manager Johnson stated he does not feel the applicant should be required to go through the lengthy annexation process again for the southwest corner of this requested annexation and suggested that it be removed from immediate annexation, but that it be annexed with services are available. City Attorney Luwe indicated that the Annexation Agreement will be written to annex that portion of the property when services are available or on a date specific, whichever occurs first. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back an Annexation Agreement addressing the Item Nos. 1 through 9 listed above, and providing for delayed annexation of the southwest corner of the property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Continued public hearing - Master Plan Amendment - Morrison-Maierle for SANDAN. LLC. and Ronald L. Davis - amend the land use designation on 22+ acres of the reauested 134.24-acre "North 27th Area Annexation" from Urban Residential to Commercial and the remaining 112:!:: from Urban Residential to Urban Residential Infill (west of The Gallatin Center. east of Davis Lane. south of Vallev Center) (P-9928) This was the time and place set for the continued public hearing on the Master Plan Amendment requested by Morrison-Maierle for SANDAN, LLC, and Ronald L. Davis under Application No. P-9928, to amend the land use designation on 22:t acres from Urban Residential to Commercial and the remaining 112:t from Urban Residential to Urban Residential Infill on 134.24 acres described as Minor Subdivision No. 145A, a tract of land on Film 12, Page 1129, Tract 2 of cas No. 2050 and the eastern 765 feet:t of Tract 1, COS No. 2050, located in the west one-half of Section 35, Township 1 South, Range 5 East Montana Principal Meridian. The subject property is more commonly located west of The Gallatin Center, east . of Davis Lane and south of Valley Center Road. Mayor Youngman reopened the continued public hearing. Assistant Planner Therese Berger presented the staff report. She stated the land use designation is currently urban residential and is to be changed to urban residential infill and commercial under this application. She stated that the applicants are proposing a shift in the alignment of North 27th Avenue behind Costco approximately 400 feet to the west, to provide a strip for commercial development immediately abutting Gallatin Center, with the road providing the boundary between the commercial and urban residential infill land use designations. She noted that the staff has reviewed this application against the criteria set forth in the master plan, and the staff's comprehensive findings are contained in the written staff report. The Assistant Planner stated the City Planning Board conducted its public hearing on this master plan amendment at its meeting on October 5 and, following review of the criteria, staff findings and public hearing, the Board concurred in staff's recommendation for approval, contingent upon annexation. She also noted that, in light of the Commission's previous action, a revised map will be needed. Mr. Bob Lee, Morrison-Maierle, representing the applicants, stated that, in light of the . big structures which currently house Costco and Target, the applicant determined that a transitional commercial strip, followed by a residential--office zoning strip would be appropriate, recognizing that the vast majority of the property will be more traditional residential development. He indicated that a larger parcel of "R-O" zoned property is being proposed at the southeast corner of the property, in response to discussions with the neighbors. Mr. Dave Crawford, Thomas, Dean and Hoskins, representing the applicants, stated that this application is the result of cooperative efforts among the applicants' consultants and the City's Engineering and Planning Departments. He noted that they had several meetings during 11-01-99 ...- - ,,- ..----- ....__ _ __.________u_ n ... -.-...--. ".-- - 12 - which the best proposal for this property was developed, and that is the application forwarded for Commission consideration. No one was present to speak in opposition to the requested Master Plan Amendment. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the e Commission approve the Master Plan Amend ment requested by Morrison-Maierle for SANDAN, LLC, and Ronald L. Davis under Application No. P-9928, to amend the land use designation on 22::t acres from Urban Residential to Commercial and the remaining 112::t from Urban Residential to Urban Residential Infill on 134.24 acres described as Minor Subdivision No. 145A, a tract of land on Film 12, Page 1129, Tract 2 of COS No. 2050 and the eastern 765 feet::t of Tract 1, cas No. 2050, located in the west one-half of Section 35, Township 1 South, Range 5 East Montana Principal Meridian, and authorize and direct staff to bring back a resolution enacting the Master Plan Amendment, contingent upon annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Continued DubUc hearina - Zone MaD Amendment from "AS" to "M-1". "R-Q" and "R-3" on 134.24 acres described as Minor Subdivision No. 145A. a tract of land on Film 12. Page 1129. Tract 2 of cas No. 2050 and the eastern 765 feet + of Tract 1. cas No. 2050. located in the W%. Section 35. T1 S. R5E. MPM (west of The Gallatin Center. east of Davis Lane. south of Vallev Center Road) (Z-99101) This was the time and place set for the continued public hearing on the Zone Map Amendment from "AS", Agricultural Suburban", to "M-1", Light Manufacturing, "R-Q", Residential--Office, and "R-3", Residential--Medium-density, as requested by Morrison-Maierle for SANDAN, LLC, and Ronald L. Davis under Application No. Z-991 01, on 134.24 acres . described as Minor Subdivision No. 145A, a tract of land on Film 12, Page 1129, Tract 2 of cas No. 2050 and the eastern 765 feet::t of Tract 1, cas No. 2050, located in the west one- half of Section 35, Township 1 South, Range 5 East Montana Principal Meridian. The subject property is more commonly located west of The Gallatin Center, east of Davis Lane and south of Valley Center Road. Mayor Youngman reopened the continued public hearing. Assistant Planner Therese Berger presented the staff report. She briefly reviewed the surrounding zonings and land uses, as well as the proposed rezonings for the subject property. She stated that staff has reviewed this application in light of the twelve criteria set forth in the zone code, and the staff's comprehensive findings are contained in the written staff report. She stated that, following its public hearing on this application, the Zoning Commission concurred in staff's recommendation for approval. Mr. Dave Crawford, Thomas, Dean and Hoskins, representing the applicants, indicated concurrence with the staff report and a willingness to respond to questions. Commissioner Smiley suggested that the applicants consider not placing residential development adjacent to the proposed bus barn site, in an effort to avoid the problems with the current bus barn site. . No one was present to speak in opposition to the requested rezoning. City Attorney Luwe cautioned that an automatic zone change upon annexation would be inappropriate, particularly in light of changes that might occur between now and the time the zone change would become effective. He suggested, rather, that the Annexation Agreement be written to bring back the appropriate zoning request back upon annexation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 11-01-99 - 13 - It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that ti Commission approve the Zone Map Amendment from "AS", Agricultural Suburban", to "M-1 . Light Manufacturing, "R-O", Residential--Office, and "R-3", Residential--Medium-density, ,. requested by Morrison-Maierle for SANDAN, LLC, and Ronald L. Davis under Application N.; Z-991 01, on 134.24 acres described as Minor Subdivision No. 145A, a tract of land on Fil'1 12, Page 1129, Tract 2 of COS No. 2050 and the eastern 765 feet:l:: of Tract 1, COS N" 2050, located in the west one-half of Section 35, Township 1 South, Range 5 East MontaPd Principal Meridian, and authorize and direct staff to bring back an ordinance enacting the zone changes, subject to the following conditions. e 1. The ordinance for the Zone Map Amendments shall not be drafted until both Annexation and the Master Plan Amendments are approved and completed. If the annexation and/or Master Plan Amendments are not approved, the approval for this application shall be void. 2. The applicant shall provide a metes and bounds legal description and map of the area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman, those voting No, none. Public hearina - variance from Section 18.38.060 of the Bozeman Municical Code to allow one of four buildinas in new Hillcrest Retirement facility to exceed maximum allowable heiaht by accroximately 6 feet 8 inches - Ellerbe Becket for Bozeman Deaconess Health Services (C-9921 ) This was the time and place set for the public hearing on the variance from Section 18.38.060 of the Bozeman Municipal Code, as requested by Ellerbe Becket for Bozeman . Deaconess Health Services under Application No. C-9921, to allow one of four preliminarily approved buildings in the new Hillcrest Retirement facility to exceed the maximum allowable height by approximately 6 feet 8 inches. Mayor Youngman opened the public hearing. Assistant Planner Therese Berger presented the staff report. She stated the subject property is zoned BP, Business Park, and reviewed the surrounding zonings and land uses, noting that the hospital is located to the northwest, with residential development and zoning to the south and west. She noted that Martel Construction is located immediately to the west. The Assistant Planner stated that in May 1999, the City-County Planning Board approved the major site plan for this development, which includes a 40-unit assisted living facility, and a 78-unit independent living facility, to replace the existing Hillcrest Retirement Center. She noted the applicant is now seeking a height variance for Building B-1, which is the westernmost building in the development, to allow a four-story-high building with a partially underground parking facility. She stated that, to the north of the proposed building is a 14-inch water main, and the new buildings are to be constructed while the existing Hillcrest facility remains. The Assistant Planner stated that the "BP" zoning district has a 38-foot height limitation. . She noted, however, that because of the topographical differences on the subject site, the maximum height of the building is 44 feet under the zone code. She also indicated that the setbacks from the rear and side property lines are at least 40 feet, and the front yard setback is 50 feet on the proposed site plan, which meet or exceed the minimum setback requirements. Assistant Planner Berger stated that staff has reviewed this application in light of the three established criteria, and the staff's comprehensive findings are contained in the written staff report. She concluded by forwarding staff's recommendation for approval. 11-01-99 - ...-.-".--.--- -------- - 14 - The Assistant Planner noted that some concerns have been raised about the proposed height of this building, particularly in light of its proximity to Burke Park and the trail system. She stated that the existing Hillcrest facility is 42 feet high, and stressed that only portions of Building 1 are to exceed the height restrictions, with the other three buildings being one to three stories and not exceeding 38 feet. She noted that the southwest wing is 55 feet from the property line and 110 feet from the trail, and the northwest wing is approximately 90 feet from the property line and 150 to 160 feet from the trail. She stated that a letter has been received expressing concern about the impacts that this facility will have on the trail system, and copies have been distributed to the Commission. . Mr. Rick Ojala, Administrator of Hillcrest, introduced the consultants present at this meeting. Mr. John Curran, Ellerbe Becket, architect, noted they encountered a number of challenges in designing the new facility. He stated the existing structure does not meet seismic zone requirements, although he recognized that it was a state-of-the-art facility when it was constructed in the early 1960s. He also noted that it was situated in exactly the right place to create a quality facility that takes advantage of the views of the mountains. He stated the initial idea was to upgrade the existing facility, but that was found not possible due to the engineering requirements. He noted that it was next determined the existing Hillcrest Retirement Center was to remain in place while the new facility is constructed, to minimize negative impacts on the tenants. Mr. Curran stated that, while the subject site is a large one, siting of the new buildings was difficult. He recognized that the building could be moved, but it would then be in a hole and without the views. He noted that moving the facility further up the ridge was also considered, but then it would have been in the county and in closer proximity to the existing residential development; and that would be inconsistent with the zoning and existing uses. Mr. Curran stated the average age of a resident at Hillcrest is 87 years. He noted the existing facility is three stories, with the dining facility between the wings. Also, the garages . are downhill from the building, which creates concerns for the safety of the residents, particularly in the winter. Mr. Curran reviewed the proposed configuration of the new structures, noting that he would prefer to place the "Tn shaped building at the other end of the complex; but it will not fit with the existing structure and the water and sewer easements. Mr. Curran showed the Commission the renderings of the main building, which is partially a three-story building and partially a four-story building. He noted the other buildings are one- and two-story buildings, stating the dining room and lounge are located in a tall one- story building that has been twisted to take advantage of the view of the Bridgers. He noted that the rendering of the back of the facility is the view from on-site; however, he stressed that with the old trees on the site, complemented with new plantings, the backs of the buildings will not be so visible from off-site. Mr. Curran stated that the design, particularly where this facility is visible from the houses further up the ridge, have been maintained at 38 feet, even though the height could be been increased to 44 feet due to the topography of the site. He then reviewed the areas of Building 1 where the variances are being requested, noting that one is for entrance into the garage and one for the home health care. He stressed that those areas will actually lower than the remainder of the site, and the height of the roof will not be any greater than the remainder . of the structure. He also noted that, given the topography, those areas of the building for which the variance is being sought will be visible only from on site. He showed a rendering of the view from the road easement between Burke Park and Hillcrest, reminding the Commission that the trail is located further out, at approximately 170 feet from the doorway of the building. Mr. Curran concluded by noting that the existing facility is 41 feet high and is four stories in appearance along the side which is visible. He stated that most of the new facility is to be 38 feet high, with a three-story appearance from off-site. 11-01-99 n.. ____ .___.__ --".._- ..--. .. -" - - 15 - Mr. Stewart Mitchell, 2250 Arnica Drive, submitted a petition of opposition, containing 29 signatures. He read the header of the petition, which encourages the Commission to seek a visual impact analysis, using a digital photo, prior to considering approval of the variance, particularly in light of its close proximity to the park and its potential impact on the viewshed. He then expressed concern that, only today, he learned of this proposal, and some of the information submitted in the applicant's presentation has helped address some of his concerns. He then asked if the trees depicted in the rendering are existing or new, cautioning that if they are new, they will not provide the screening depicted. . Mrs. Karen Thomas, 1145 Holly Drive, stated she is opposed to the requested variance. She then questioned where the proposed cottages are, noting they are much lower and smaller than the proposed facility. She expressed concern that approval of this variance could make it even more difficult to not allow similar variances in proposed mixed use areas. She stated that allowing this variance will result in a taller building being located higher on the hill than the existing facility, and she feels that would be inappropriate. She concluded by asking the Commission to carefully consider the residents of the community and not approve this variance. Ms. Mary Vant Hull, 416 East Story Street, stated she lives just below Peets' Hill. She estimated that 2,000 people walk in Burke Park on a regular basis, and building this structure closer to the park will cause those people to suffer. She encouraged the Commission to not approve this variance, but to protect those who enjoy the park. Mr. AI Lamke, 1103 South Pinecrest, stated that, as a block representative for New Hyalite View homeowners, he did a straw poll of his block. He reached five families, and all of them were opposed to the requested variance. He encouraged the Commission to not approve this variance, but to require the applicant to design the project within the regulations. Dr. Lance Lerner, 455 Concord Drive, noted that his firm presented a request for a similar variance at the corner of South 11 th Avenue and Kagy Boulevard, for only three feet, and that variance was denied. He stressed that the same arguments were used, particularly since the building was to be set down, rather than being built at ground level. He stated that . they have since redesigned their building and it is now under construction; and concluded by encouraging the Commission to not approve this request. Ms. Gretchen Rupp, 221 Lindley Place, characterized Burke Park as a special place, with its natural features. She noted that people treasure it and its vistas, which she feels will be severely compromised with the proposed new building. She encouraged the Commission to deny this variance and help to protect the park and maintain its integrity. Mr. Don Wolslagel, 1115 North Pinecrest, expressed concern about the extremely bad precedent that approval of this variance would create and encouraged the Commission to deny it. Mr. Jim Pepper, 1322 South Rouse Avenue, read his letter of opposition into the record. He characterized the proposed development as a long, continuous "in your face" complex that shows brazen disregard for aesthetics and the relationship of this site to the south side of the community. He briefly reviewed the three criteria for consideration of a variance, noting that the quality of Burke Park will be severely impacted. He stated there is no hardship in this situation, except for possibly a self-created hardship, although he recognizes it may be inconvenient to find a solution within the code requirements. He concluded by encouraging the Commission to swiftly and emphatically deny this application. . Mr. Dallas Thomas, 1145 Holly Drive, stated that "if we can put a man on the moon and bring him back to earth, there is no reason the architect cannot build within existing requirements", and encouraged the Commission to vote against this application. Mr. Mark Cramer, 1421 Cherry Drive, encouraged the Commissioners to deny this application, indicating his concurrence with the comments of the previous speakers. Mr. Chris Spear, 436 North Willson Avenue, asked the Commission to consider that one person's enjoyment can put suffering on everyone around him. He then stated his opposition to this application and encouraged its denial. 11-01-99 - 16 - Mr. John Curran responded to some of the questions raised during the pUblic testimony, posting pictures of the site taken from various locations on South Black Avenue, South Rouse Avenue and South Church Avenue. He noted that visibility of this site becomes less as one moves closer to the bottom of the hill because of the perspective. He recognized why people don't what their visual impeded, but he noted that Hillcrest has existing on the subject property for nearly forty years. He stressed that this request is not for whether the building will be built; rather, it is for whether the requested height will be allowed. He indicated that the owner is willing to withdraw the request for the variance request for all but the area facing the inside of the development. . Mr. Curran noted that a question was raised about the cottages and assured the - Commission that they will still be constructed at some time in the future. He noted, however, that the engineering study revealed that replacement of the existing facility was more crucial. Mr. Curran noted that there is currently an antenna on Hillcrest for the sheriff. He noted, however, that radio transmission for police and fire is poor in the area around the hospital, and the owner has offered to provide space for the antennae and equipment necessary to provide good coverage. Mr. Curran addressed the landscaping issue, noting that as much of the vegetation on site will be retained as possible, with new landscaping being planted to supplement it. He concluding by noting that the building will be built, whether this requested variance is approved or not. After receiving responses to questions, Mayor Youngman noted the end of the new building is to be 235 feet closer to the park and the ridgeline than the current building, which will make it more visible. Mr. Curran responded that the length of the wall at that point is 60 feet, compared to the 240-foot length of the existing wall. He then indicated that efforts have been made to minimize the visibility impact while providing a functional facility and preserving the views of . the residents. Responding to Commissioner Rudberg, Mr. Curran indicated there are now 68 residents at Hillcrest, which has a design capacity of 110 residents; and the new facility will include 83 independent retirement apartments and 43 assisted living units, for a total of 126 units. Further responding to Commissioner Rudberg, Mr. Curran stated that if the requested variance is not approved, the fire escape must come up to grade, rather than people walking out at ground level and, as a result, the structure will be extended to accommodate that change. He indicated that the home health care facility will remain on the ground floor, without the walk-out access being proposed. Commissioner Frost expressed concern that the elevation of the new building is the same as the existing building, but it is closer to the trail. He then asked if it can be twisted and moved back from the trail. Mr. Curran responded that it took four months to develop this design, in light of the tremendous challenges they faced, and he does not want to modify the structure at this point in the process. In further response to Commissioner Frost, Mr. Curran indicated that the possibility of . demolishing a portion of the existing building was considered, but the structural elements are not adequate to allow that, particularly with the remainder being occupied until the new facility is completed. Mayor Youngman stated that she reviewed these plans with Mr. Ojala and Mr. Nordwick last week and, at that time, asked if the southwest wing could be flipped. She noted the answer was that it could be, but it would be less convenient for the residents. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 11-01-99 ____.n_ ___ . .. _._....n_..____ ______._n___ .______. - 17 - Commissioner Smiley stated that twenty years ago, her Grandmother lived at Hillcrest and, as she was walking down the outside cement stairs to the parking area, she fell and died a day later. She voiced her support for the proposed location of the parking, noting it is much safer, and only the north building is close to the ridgeline and the trail. She indicated her support for the variance as requested, stating she feels the exits are preferable to the proposed changes. Commissioner Frost stated he feels the design of the project is very well done, but he is concerned about the adverse visual effect on Burke Park, which he views as the "crown . jewel of the park system". He then stated he does not feel this application meets the three _ criteria against which variance requests are evaluated and, therefore, cannot support it. Commissioner Rudberg noted that the plan exceeds setback requirements, and the buildings will be constructed at the heights shown, even if this variance is not approved. She noted the existing facility is seismically challenged and suggested that the residents should be moved to a more secure place as quickly as possible. She concluded by indicating her support for the requested variance. Mayor Youngman stated that she has spent a considerable amount of time with the code, the files from the major site plan review, and earlier public testimony regarding Burke Park, and has identified some possible alternatives. She noted that more than 500 people have opposed the installation of a 6-foot-high fence around the cemetery and the proposed 17-space parking lot along the south side of the cemetery because of the impacts on the park. She expressed concern about the impacts this facility will have on the estimated 2,000 users of Burke Park, which the City purchased for $235,000. She recognized there is no way to put a value on the changing ridgeline view and the atmosphere of park, but it is obvious that the double wing of the new building, which will be 100 to 235 feet closer to the trail, will be detrimental. She also expressed concern that the building will cause shading on the trail which will, in turn, create icing problems and public safety issues. Mayor Youngman stated she cannot support the requested variance, stating she does . not believe it complies with components on Page 20 of the 1990 Bozeman Area Master Plan Update, and moving the facility closer to the park is not compatible with the area. She suggested that if the applicant were willing to redesign the north end of the project, to get it away from the park, she would be willing to consider the variance. She noted that if the applicant is willing to consider this option, it would be appropriate to delay the decision for two weeks. She concluded by recognizing that Hillcrest is a valuable facility and a good neighbor and she does not want to stop the construction of the new facility; however, she cannot support the request as submitted. Commissioner Rudberg stated that her "engineer husband" figured the solar calculations for a 50-foot-high building, noting that on March 21, the building would cast a 52-foot shadow; on June 21, it would be 32 feet; on September 21 it would be 52 feet; and on December 21, it would be 134 feet. Mayor Youngman stated that this application does not address the public concerns, and a permanent impact is not in the best interests of the fabric of the community. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the variance from Section 18.38.060 of the Bozeman Municipal Code, as requested by Ellerbe Becket for Bozeman Deaconess Health Services under Application No. C-9921, to allow one of four buildings in the new Hillcrest Retirement facility to exceed the . maximum allowable height by approximately 6 feet 8 inches. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Rudberg and Commissioner Smiley; those voting No being Commissioner Frost and Mayor Youngman. Mr. John Curran thanked the Commission for its consideration of this application. He reminded the Commission that when the third office building was constructed at the hospital, Bozeman Deaconess Health Services provided an easement to create an access to Burke Park; and it allows cross-country skiing across its property. He noted that his clients have gone through a struggle in designing this project, in an effort to make sure its appearance is softer and that it fits with the community. 11-01-99 .--.-..------- - 18 - Break - 9:15 to 9:25 D.m. Mayor Youngman declared a break from 9:15 p.m. to 9:25 p.m., in accordance with Commission policy. Public hearing - Dreliminarv Dlat for Allison Subdivision. Phase" - subdivide 61.492 acres located in E%. Section 24. T2S. R5E. MPM. into 24 single-familv residential lots - Bon Ton. Inc. . (P-9932) This was the time and place set for the public hearing on the preliminary plat for Allison Subdivision, Phase II, as requested by Bon Ton, Inc., under Application No. P-9932, to allow for the creation of 24 single-family residential lots and a remainder parcel on 61.492 acres described as portions of Certificate of Survey Nos. 252 and 793 and a portion of abanadoned railroad right-of-way located in the East one-half of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located south of Morning Star School and west of the intersection of Graf Street and South Third Avenue. Mayor Youngman opened the public hearing. Senior Planner Dave Skelton presented the staff report, noting that a memo dated November 1 has just been distributed to the Commission, responding to issues raised during last week's agenda meeting. The Senior Planner reminded the Commission that the Allison Annexation occurred in the early 1980s, and consisted of 120 acres. He noted that a 9.7-acre parcel for Morning Star School was created, followed by a four-lot minor subdivision earlier this year. He stated this application is for the second subdivision in a multi-phase, single-family residential development. He indicated that, in conjunction with this development, Graf Street is to be extended west through the subdivision, and will be extended further west, to South 11 th Avenue, at some time in the future. Access to the lots in this phase will be from four cul-de-sac streets. . The Senior Planner stated that during review of this application, it was noted the abandoned railroad right-of-way is not inside city limits, and the Development Review Committee has recommended that it be annexed in conjunction with this subdivision. He further noted that, when this strip is annexed, staff has recommended the property be incorporated into the lots that front on that right-of-way. He stated that, at the southern tip of this property, the south 50 feet of South Third Avenue right-of-way needs to be acquired. Senior Planner Skelton stated that, while the Middle Creek Ditch, or Figgins Creek, bisects the entire parcel, there is no watercourse in this phase. He indicated that the applicant is dedicating 2.7 acres of parkland, with that parkland being located north of the four-lot minor subdivision and in a trail adjacent to the ditch/stream. He noted that the applicant is working with the Recreation and Parks Advisory Board to incorporate a trail system adjacent to the ditch and a 6 to 7-acre park for active recreation into the development of this entire Allison Annexation. The Senior Planner turned his attention to the November 1 memo, noting that Graf Street has been identified as a collector in the master plan, although the 1993 transportation plan does not reflect the westward extension of that street. He stated the standard for a collector street is 65 to 80 feet of right-of-way; the applicant has proposed a 55-foot right-of-way; and the current Graf Street is located in a 75-foot right-of-way. He noted the applicant has . indicated a willingness to provide a 75-foot right-of-way through this subdivision, in light of the width for the existing road. The Senior Planner noted that the master plan and the subdivision regulations encourage connector streets between developments, so they do not become landlocked. He suggested that, if the Commission wants a north/south street between Graf Street and the property to the south, the conditions be revised to include the southward extension of Ritter Drive, to the edge of this property. He noted that he has discussed this issue with the applicant, who has proposed another north/south street. He also indicated that staff has submitted a proposed 11-01-99 - ----- .-----.-.-.--- - 19 - condition to require a master plan for overall development of this subdivision, in response to issues and concerns raised at last week's meeting. Senior Planner Skelton stated that Staff Attorney Cooper has requested a change in the way Condition No.8 is written, and proposed that the first two sentences of the condition be flipped. He also indicated that the first sentence in Condition No. 15 should be eliminated, as it is repetitive with Condition No.8. The Senior Planner stated that, to date, the only public comment received on this . application was from the Gillams, who own the property immediately to the south. He noted their concerns revolve around the southward extension of South 11th Avenue, which would run through their living room. Mr. David Jarrett, 3309 Sundance Drive, applicant, stated a willingness to provide a 75- foot right-of-way for Graf Street, noting those adjustments in width should not jeopardize the proposed lots. He pointed out a portion of the old railroad right-of-way that staff has recommended not be given to the abutting lots; rather, it should be retained by Bon Ton, Inc., and used as a buffer between this subdivision and Figgins Subdivision. He stated that he has had several discussions with the Recreation and Parks Advisory Board and City staff, and the current trail is to be realigned through this property, and extended to South Third Avenue at the southern edge of this property. Mr. Jarrett noted that they are providing more parkland at this time than required under the subdivision regulations and requested that they be provided credits for future subdivision. He stated that staff has requested the parkland be dedicated adjacent to Mr. Boylan's property, to allow for possible expansion of the park area in the future. Mr. Jarrett expressed his empathy for Commissioner Frost's concerns, noting that the engineer in him wants straight, square streets. He stated, however, with the physical constraints in this corner of the property that is not possible. He asked that, rather than requiring the extension of a north/south street to the property line within this phase, the . Commission require that a connector street be provided at approximately the mid-point between South Third Avenue and South 11 th Avenue, and made a commitment to provide that right-of- way with the appropriate future phase. He suggested that this alignment will also provide access to where the grid street system is located, since he plans to create a grid system on as much of the parcel as possible. Responding to questions from Mr. Dave Crawford, Thomas, Dean and Hoskins, Senior Planner Skelton indicated that under the proposed conditions, the applicant must submit an application for annexation of the abandoned railroad right-of-way; however, if the Commission denies that request, the applicant may still proceed with this subdivision. He noted that the requested revision to Condition No.8 is designed to make that intent clearer. In response to questions from Commissioner Frost, the Senior Planner suggested that a sentence could be added to the end of the second condition in his memo, to require the north/south connector street as proposed by the applicant, if the Commission chooses to accept that option. No one was present to speak in opposition to the requested preliminary plat. 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 approve the preliminary plat for Allison Subdivision, Phase II, as requested by Bon Ton, Inc., under Application No. P-9932, to allow for the creation of 24 single-family residential lots and a remainder parcel on 61.492 acres described as portions of Certificate of Survey Nos. 252 and 793 and a portion of abanadoned railroad right-of-way located in the East one-half of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 11-01-99 .-.-.-...--...--- _. ..u -- --.-.. - 20 - 1. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, . show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Stormwater easements shall be provided for the pond and area to convey the flow from the subdivision to the pond. The pond shall be located in an area that will be common space or park in future phases of the subdivision. Under no circumstance shall stormwater ponds be located on a private lot. Stormwater easements may be used to conduct storm drainage across private lots only if a pipe is installed to convey the flow. Open channel flow across private lots will not be allowed. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Ponds can only be located within a park if the area for the pond is above and beyond what is required as dedicated park land. 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. 3. All infrastructure improvements, including but not limited to 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. No building permits shall be issued prior to substantial completion and City acceptance of the required on site and off site infrastructure improvements. 4. All sidewalks that front common open space, parkland, and all ADA facilities must be installed prior to the issuance of any building permits. All sidewalks that front private lots, may be financially guaranteed pursuant to Section 16.22.040 of the Bozeman Area Subdivision Regulations. Regardless of the financial guarantee, sidewalks must be installed on each . lot prior to occupancy of any structure on that lot. 5. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 6. Flood plain: a) A Flood Plain Development Permit must be obtained from the City Engineer for any construction within the 100 year flood plain. 11-01-99 - --- ..--.--------- _______________..._u ._. - 21 - b) The 100 year flood plain boundary and flood elevations must be depicted on the on the final plat. 7. Easements for the water and sewer main extensions or storm sewer improvements 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. The center 15 feet of the easement between lots 4 and 5 of Block 1 shall have a UNo buildingU . restriction placed on it in a manner that is acceptable to the City Attorney's office. A 12-foot-wide all weather access road centered in this easement shall be constructed for access to the existing manhole at the school property line. 8. Unless the City of Bozeman finds the annexation is not desirable, the property between this subdivision and the Figgins Subdivision shall be annexed and included in this subdivision's final plat. If it is desirable, the annexation shall be complete prior to final plat approval. The west 50 feet of Lot 1, Block 7, Figgins Addition 4th Phase may be excluded from this subdivision. The 50 feet west of the 1 /16th line between Graf Street and the south boundary of this subdivision shall be dedicated to the public as right-of-way for South Third Avenue on the final plat. 9. There shall be a 1 foot wide "No Access" strip along South 3rd Avenue noted on the final plat. 10. The "60-FOOT MUTUAL RIGHT-OF-WAY WITH A. P. HARRIS FILM 32, PAGE 1304" shown on the preliminary plat must be vacated. 11. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates, and be accompanied by all appropriate documents, including a . Platting Certificate. Two mylar and two cloth back copies of the final plat 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; 12. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M.; 13. That the applicant obtain written approval from the Bozeman Recreation and Parks Advisory Board regarding the design, location, and dedication of parkland for said Allison Subdivision, that includes an implementation plan for parkland within master plan for development of Allison Subdivision, prior to final plat approval. 14. That the applicant dedicate to the general public, at a minimum, the required calculated 0.72 acres of parkland for Allison Subdivision, Phase II, with the final plat approval. All parkland dedicated with the final plat for Phase II shall be executed properly with Phase II of Allison Subdivision, as determined by the Gallatin County Clerk and Recorder's Office. 15. That portions of the unannexed property to be annexed shall be added to . the adjoining residential lots proposed within the major subdivision and shall be noted accordingly on the plat for review and approval prior to final plat approval. 16. 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. 17. 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 review and 11-01-99 -. -. ------.---.. .------- ---.".--...-.... --- - _.n - 22 - approval by the City of Bozeman for maintenance and upkeep of dedicated parkland and trail system prior to final plat approval. 18. 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. 19. Prior to the applicant submitting a preliminary plat application for the next phase of Allison Subdivision, the applicant shall provide the Planning Office with a conceptual master plan of the subdivision outlining the entire phasing of the subdivision, a network of local interior subdivision streets for each phase, and the lot configuration of the individual lots for each phase of the subdivision. Said conceptual master plan shall include a local street connection from Graf Street to the south property line of the Allison Subdivision approximately midway between South 3rd Avenue and South 11 th Avenue. 20. That the right-of-way for Graf Street, extended through said subdivision to the west end of this phase, be seventy-five (75) feet wide and noted accordingly on the plat, prior to final plat approval. 21. The subdivider shall ensure that all construction material and other debris is removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. 22. That the developer shall enter in 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. 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 for Phase II. 24. That the applicant submit with the application for final plat review and approval of Allison Subdivision, Phase II, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily add ressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. . Adjournment - 10:10 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. 11-01-99 -- ..- ----- _ ..-. --.---.----.----- _ .. .. ..-- -"..-..........----..----- - 23 - MA~Oq~or . ATTEST: .~~~ ROBIN L. SULLIVAN Clerk of the Commission . . 11-01-99