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HomeMy WebLinkAbout1999-05-03 Minutes, City Commission - -..- ... --- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 3, 1999 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 3, 1999, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, 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 - SeDtember 8. 1998. ADril 5. ADril 12. ADril 19 and ADril 26. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of April 12, 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, Commissioner Youngman and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of the meetings of September 8, 1998 and . April 5, April 19 and April 26, 1999, to a later date. '" Proclamation - "Food Drive Day" - May 8. 1999 Included in the Commissioners' packets was a copy of the proclamation designating May 8, 1999, as "Food Drive Day". At Mayor Stiff's request, Clerk of the Commission Sullivan read the proclamation. Ms. Rene Harris, Food Bank, stated that last year, the mail carriers collected 13,000 pounds of food locally for the Food Bank; and 62,500 pounds of food were collected throughout the United States. She then stated an estimated 12,000,000 children go hungry every day, and this program helps to address that problem. Mr. Bob Conti, mail carrier, stated that they have participated in the food collection program for the past seven years. Mr. Jerry Sheehan, delivery supervisor, encouraged people to put non-perishable food out by their mailboxes on Saturday, noting that the Boy Scouts, retired mail carriers and other volunteers assist with the program. . The Commissioners concurred in the Mayor's proclamation. Proclamation - "Law Enforcement Week" - Mav 9-15. 1999 Included in the Commissioners' packets was a copy of the proclamation designating May 9 through 15, 1999, as "Law Enforcement Week". At Mayor Stiff's request, Clerk of the Commission Sullivan read the proclamation. 05-03-99 - 2 - Chaplain Warren Hiebert stated he has worked with the Bozeman Police Department and the Gallatin County Sheriffs Department for the past nine years. He noted that a 1994 amendment to the crime bill provides that flags be flown at half staff on May 15, as a memorial to those who have fallen in the line of duty. He then distributed blue ribbons to the Commissioners and asked that they tie those ribbons to their car antennae, in honor of the men and women in the law enforcement field. Assistant Police Chief Bill Kayser introduced Officer James Veltkamp to the . Commissioners. noting that he recently graduated from the Montana Law Enforcement Academy, as the top graduate in all five areas of training, and as the class representative chosen to speak at the graduation ceremonies. He concluded by encouraging the Commissioners to remember those officers who have given the ultimate in the line of dutYdtheir lives. Chief of Police Mark Tymrak characterized Officer Veltkamp's accomplishments as "the only uplifting thing in the last two weeks". Responding to Commissioner Smiley, Chaplain Hiebert stated a memorial service is held at the law enforcement museum in Deer lodge, and officers from around the state and the families of those officers who have lost their lives are encouraged to attend. The Commissioners concurred in the Mayor's proclamation. Presentation of DroDosed budqet for City-County Health DeDartment for Fiscal Year 1999-2000 Included in the Commissioners' packets was a copy of the budget for the City-County Health Department for Fiscal Year 1999-2000. Health Officer Stephanie Nelson stated the proposed budget includes a section listing . last year's accomplishments, in narrative and statistical format. She noted that the budget for the upcoming year is divided into three sections, one for administration of the overall department, one for environmental health and one for human services. She noted that the budget has been presented in a variety of formats over the past few years; and she feels this format best depicts the overall character of the department. Commissioner Rudberg thanked the Health Officer for submitting the budget to the City Commission prior to acceptance by the County Commission. She then asked questions about the various contracts and grants, particularly since many of them expire on June 30. Health Officer Nelson responded that human services is, notoriously, a conduit for public health grants. She briefly reviewed the grants listed, noting that all of them are to be renewed. She noted that, in one instance, the previous grant was for study and development of a plan and it is anticipated the new grant will be for implementation. Commissioner Rudberg noted her concern is that in many instances, grants are terminated after a period of time and the taxpayers are then required to bear those costs or personnel are terminated. Health Officer Nelson stated that five mills are being levied for the Health Department, and that is the maximum allowed under State law. She then stressed that the Department . makes every effort to undertake its programs through a cooperative effort with another public entity or a private entity whenever possible. Further responding to concerns raised by Commissioner Rudberg, the Health Officer stated the Health Department has many roles and responsibilities, including all services targeted toward communicable diseases and health services for those individuals who need a safety net. She recognized the fine line that the department must follow in carrying out these responsibilities, acknowledging the importance of having the private sector provide health care whenever possible. 05-03-99 ___ n__ .-..-.----- _.__....__..__n__.... _ ._.... __._.._._ - 3 - The Commissioners thanked Health Officer Nelson for her presentation. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission acknowledge receipt of and approve the Health Department budget for Fiscal Year 1999-2000 as presented. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. . Ordinance No. 1491 - amendina Sections 2.76.080 and 2.76.170 of the Bozeman Municipal Code relating to special cemetery sections and amending the interment restrictions to allow for funerals on Sundays Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1491, as approved by the City Attorney, entitled: ORDINANCE NO. 1491 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 2.76.080 AND 2.76.170 OF THE BOZEMAN MUNICIPAL CODE BY REVISING PROVISIONS RELATING TO SPECIAL CEMETERY SECTIONS AND AMENDING THE INTERMENT RESTRICTIONS TO ALLOW FUNERALS TO BE CONDUCTED ON SUNDAYS. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1491, relating to special cemetery sections and allowing for funerals to be conducted on Sundays, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner . Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Ordinance No. 1492 - amending and renaming Chapter 5.12 of the Bozeman Municipal Code. providing for sale of beer and wine within 600 feet of a church or school within city limits under certain circumstances Included in the Commissioners' packets was a copy of Ordinance No. 1492, as approved by the City Attorney, entitled: ORDINANCE NO. 1492 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 5.12; PROVIDING FOR THE SUPPLANTING OF THE LIMITATIONS CONTAINED IN MCA ~ 16-3-306(1) AND FOR REVISIONS OF THIS CHAPTER CONSISTENT WITH STATE LAW. City Attorney Luwe briefly reviewed the history of this ordinance, noting the original request for supplanting the statutory limitations was submitted on behalf of the Bistro, and his recommendation at that time was that the limitations be lifted on a city-wide basis rather than for one specific project. He noted that the ordinance has been drafted as directed by the . Commission, stressing that it applies only to restaurant beer and wine, or "cabaret" licenses. He briefly reminded the Commission of the statutory restrictions which apply to restaurant beer and wine licenses, and noted that since alcoholic beverages may be sold only under a conditional use permit, the Commission will retain the authority to review each individual application and site to determine if the request is appropriate. He noted that, under the conditional use process, staff has recommended, and will continue to recommend, a condition to require compliance with the regulations for a "cabaret" license which were in effect at the time the application is approved. He stated that if a restaurant owner wishes to take advantage of any future statutory changes for "cabaret" licenses, that individual would be required to go through the process for expansion of a conditional use. 05-03-99 _____. _.u.________ - 4 - Mr. Michael Garrity, attorney, stated he is currently representing three applicants for restaurant beer and wine licenses who need to have Section 16-3-306( 1), Montana Code Annotated, supplanted since their businesses are located within 600 feet of a church or school on the same address street. He noted that seven to nine churches are located on and around Main Street, which means that under State statute, only those businesses located away from Main Street would qualify to sell alcoholic beverages. Mr. Garrity stated the restaurant beer and wine license was implemented with a . significant number of restrictions, to help ensure that the sale of alcoholic beverages is truly incidental to the restaurant business. He noted that, with the City's zoning jurisdiction and the jurisdiction of this ordinance, the Commission has a review authority that may be more restrictive than the statutory 600-foot rule in some instances and, in all instances, it has the authority to add the conditions needed to make the use acceptable in a specific location. Mr. Garrity noted that SB446 was adopted by the 1999 Legislature and, under that bill, the percentage of revenues from food service has been lowered from 75 percent to 65 percent. He concluded by encouraging adoption of this ordinance. Mr. Tyler Hill, owner of the Bistro, stated the remodeling of his new building is approximately 85 percent complete, and he anticipates it will be open the end of Mayor early June. He stressed the importance of being allowed to serve beer and wine in his restaurant, noting that this service has complemented his restaurant business for the past ten years. Mr. Charles Totten, Sweet Pea Cafe, stated that the sale of beer and wine is important in ensuring the viability of a restaurant business. He also noted it is important to offer options to diners. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1492, amending Chapter 5.12 of the Bozeman Municipal Code, be provisionally . adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Ordinance No. 1493 - amending Section 8.16.050 of the Bozeman MuniciDal Code to amend the manner in which fees for solid waste collection are assessed Included in the Commissioners' packets was a copy of Ordinance No. 1493, as approved by the City Attorney, entitled: ORDINANCE NO. 1493 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 8.16.050 OF SAID CODE, AS AMENDED BY ORDINANCE NO. 1478, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED, AMENDING THE MANNER IN WHICH FEES FOR SOUD WASTE COLLECTION ARE ASSESSED. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ordinance No. 1493, amending the manner in which solid waste collection fees are assessed, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this agenda item. 05-03-99 -- --- ----- ___....n__.___ _.___ ..__n.__...___. - 5 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Gonnie Siebel, 609 North Montana Avenue, dated April 24, expressing concern about the lack of public input into the proposed Burke Park parking lot design. . (2) letter from Robert and Kimberly Schlenker, 402 West Dickerson Street, dated April 25, asking that the City improve South 4th Avenue from its current status, alleviating the residents' problems with mud in the spring and fall and dust in the summer. Commissioner Smiley noted that the street can be paved through an SID if the residents choose to bear those costs. Assistant City Manager Brey reminded the Commission that one of the CTEP projects previously considered was to close this street and create a pedestrian thoroughfare. (3) Letter from Career Transitions, dated April 19, forwarding additional information on the amount the Farmers' Market has contributed toward improvements in Bogert Park and the pavilion. Commissioner Rudberg stated this letter does not give the information she had requested, which is an accounting of the checks paid to the City since 1996 and the improvements completed. She also questioned why the Farmers' Market is bearing only 50 percent of the damages incurred, such as sprinkler head replacement, suggesting that they should be bearing 100 percent of those costs if the damage is resulting from their activity. The City Manager responded that additional information is forthcoming from Career . Transitions. (4) Letter from Rick Meis, dated May 1, expressing opposition to the proposed parking lot at Burke Park. (5 ) Memo from the County Commissioners, dated April 27, acknowledging receipt of the Commission's April 6 letter voicing concerns about the "donut" area. (6) Letter from Michael Garrity, dated April 30, forwarding additional petition signatures in support of supplanting Section 16-3-306, M.C.A., for restaurant beer and wine licenses. (7) Letter from the Gallatin County Drug Court Planning Initiative, dated April 29, forwarding a copy of the Self-Assessment Guide for review in preparation for the May 6 meeting. (8) Letter from Marian Steffes, Chair of the Gallatin County Council on Aging, dated April 21, inviting the City to become a member of their coalition for seniors and announcing their annual meeting scheduled for 7:00 p.m. on May 12. (9) Copy of the pUblic notice that compost collection will begin Monday, May 10. . (10) Notice of a special meeting of the Downtown Improvement District Board to be held on Thursday, May 6. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 4/ in the Commission Room. ( 12) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 4, in the Commission Room. 05-03-99 - 6 - ( 13) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 4, at the Courthouse. (14) City Manager Johnson submitted his weekly report, as follows. (1) Attended the MLEA graduation ceremonies last week. (2) Spent much of last week as well as time today on bomb scares. (3) Asked if any Commissioner is willing to loan a copy of the Water Facilities Plan back to the City for research. (4) Stated that, due to the recent change in software, preparation of the budget is slower than usual. He noted that the budget process was started . early. and the budget should be submitted to the Commission around June 1 . for their review and consideration. (5) Stated staff is working on a new planning organization for the City. He then indicated that at next week's work session, staff will seek specific policy direction from the Commission, so the transition and reorganization of the department can continue to move forward. (15 ) Assistant City Manager Ron Brey stated the County Commission will act tomorrow on the letter to be approved under the Consent Items. He noted that this step will allow the City to continue its plans for the transition into a City planning program. ( 16) Assistant City Manager Brey noted that last Tuesday morning, Mr. Kolesar sought a permit to construct an 8-foot-high solid wood fence along his front property line. He noted that under the zoning regulations, staff can approve an 8-foot-high fence 25 feet back from the property line, but a deviation must be sought for an 8-foot-high fence on the property line; and that process will take a minimum of 30 days, if it is expedited. He stated that Mr. Kolesar is now seeking a 30-day extension to the 60-day period for revocation of the kennel license. Following discussion, a majority of the Commissioners indicated they do not support extension of the time. ( 17) City Attorney Paul Luwe submitted the following. ( 1) Stated that Safeco has submitted a quarterly check in the amount of $4,370 for the Bozeman Solvent Site. He noted . that Safeco pays 4 percent of the costs, and the total of all insurance payments to date is $993,587. (2) Noted that in his testimony, Mr. Garrity pointed out a recent change in State law regarding restaurant beer and wine licenses. He noted the condition attached to conditional use permits which requires the applicant to comply with the statutory provisions in place at that time helps to ensure that the use continues to be compatible with the surrounding area. ( 18) Commissioner Rudberg announced that she will be absent from the May 10 Commission meeting. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Award bid - sale of bonds for SID No. 664 - D.A.Davidson. Bozeman. Montana - in the total interest cost (TIC) of 5.0151 Dercent Award bid - construction of SID No. 664 - extension of West Beall Street between North 23rd Avenue and North 25th Avenue - Big Sky ASDhalt. Inc.. Bozeman. Montana - in the bid amount of $126.243.00 . Commission Resolution No. 3287 - authorizina City Manaaer to sign Chanae Order No.1 for 1998 Sanitary Sewer ImDrovements - P.E.C.. Inc. - add $46.636.00 and 0 calendar days COMMISSION RESOLUTION NO. 3287 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH PLANNED AND ENGINEERED CONSTRUCTION (PEC), INC., HELENA, MONTANA. 05-03-99 ------ __ n_____._.._.._ --...--..--. .--- - 7 - Authorize Mavor to sign - Findings of Fact and Order - Amendment to the Parks. ODen SDace and Trails (POST) Master Plan. an adoDted sUDclement to the Bozeman Area Master Plan Authorize City Manager to sign - Change Order No. 6 to Professional Services Agreement for South Third Avenue imcrovements - Gaston Enaineering and SurveYing . Acknowledge receict of aDDlication for annexation - Garv V. Kirt and Rvan J. Kirt - 0.55-acre Darcel described as the south 160 feet of Tract 12. Beattv's Alder Court ( 1604 West Lincoln Street): refer to staff Confirm Citv Manager's reacDointment of Barbara Heck to the Police Commission. with a three-year term to eXDire on Acril 30. 2002 Proclamation - "Arbor Dav" - Mav 3. 1999 Commission Resolution No. 3288 - intent to vacate street and utilitv easements across Tracts 4A and 4B. COS No. 1215A. and Tract 1 B. COS No. 1215B (extendina east from North 19th Avenue at apDroximatelv the mid-coint between West Oak Street and Baxter Lane): set Dublic hearing for Mav 17 COMMISSION RESOLUTION NO. 3288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THOSE STREET AND UTILITY EASEMENTS ACROSS TRACTS 4A AND 4B, CERTIFICATE OF SURVEY NO. 1215A, AND TRACT 1B, CERTIFICATE OF SURVEY NO. 1215B, EXTENDING EASTWARD FROM NORTH . 19TH AVENUE AT APPROXIMATELY THE MID-POINT BETWEEN WEST OAK STREET AND BAXTER LANE, IN THE CITY OF BOZEMAN, MONTANA. Ratifv notice of Dublic hearina to be held on Mav 17 for CDBG Dublic facilities arant aDDlication for renovation of old Dost office buildina and conversion into office scace Authorize Mavor to sign - Findings of Fact and Order - Dreliminarv Dlat for StoneRidge Planned Unit DevelODment. Minor Subdivision No.1 (subdivide 28.42 acres into five lots) (P-9749) Authorize Mavor to sian - Findings of Fact and Order - Dreliminarv Dlat for StoneRidge Planned Unit DevelODment. Minor Subdivision No.2 (subdivide 11.59 acres into five lots) (P-9750) Authorize Mavor to sian - letter to the Gallatin County Commission stating the City's intent to create a City Plannina Board Authorize City Manager to sian - Agreement between the City of Bozeman and United States Postal Service for lumD sum contribution toward signalization imDrovements at the intersection of North 19th Avenue and . Baxter Lane Authorize City Manager to sign - Lease Aareement and attendant financing documents for 1999 963 CaterDillar track loader for Landfill ExemDtion from subdivision review for aggreaation of Lots 15. 16 and 17. Block E. Original Townsite. into two lots with attendant realianment of boundary - CWP Investments (Carnegie Buildina. 35 North Bozeman Avenue) APDlication for Liauor License - LaParilla. Inc.. 1533 West Babcock Street - Calendar Year 1999 05-03-99 ...--.--.----- - 8 - Accroval of final clat for Durston Meadows Subdivision. Phases IV and V (cortion of a multi-chase subdivision to subdivide 30.416 acres located in the SE%.. Section 2. T2S. R5E. MPM into 146 residential. single-familv lots-- alona the north side of Durston Road. west of the Emilv Dickinson elementarv school) (P-9911) Accroval of final clat for Westfield South Subdivision. Phase II (subdivide 10.6 acres located in the SE%.. Section 24. T2S. R5E. MPM into 28 lots for . residential uses--between South 3rd Avenue and Waaon Wheel Road south of Westfield South) (P-9908) Authorize City Manager to sign - Amendment No.1 to Professional Services Aareement between City and USR Greiner Woodward-Clvde International- Americas. Inc. - increase scope of services and attendant fees 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 Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Recess - 4:05 c.m. Mayor Stiff declared a recess at 4:05 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 c.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - Commission Resolution No. 3282 - intent to annex 2.3639 acres located in the E%. E%. SE%.. SW%.. Section 35. T1 S. R5E. MPM (northwest corner of Thomas Lane and Baxter Lane) (A-990 1 ) This was the time and place set for the public hearing on Commission Resolution No. 3282, entitled: COMMISSION RESOLUTION NO. 3282 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 Stiff opened the public hearing. Associate Planner Joni Killebrew distributed copies of a memo from Fire Marshal Chuck Winn, dated April 26, requesting that an additional item be added to the listing of issues contained in the written staff report, which was included in the Commissioners' packets. She then gave a brief overview of the staff report, noting the subject 2.3639-acre parcel is located at the northwest corner of the intersection of Baxter Lane and Thomas Lane. She stated that a zone change is being sought simultaneously with annexation and is, in fact, the subject of 05-03-99 - 9 - the next pUblic hearing. She noted that the applicant proposes to construct a church on the southern portion of the property and intends to pursue subdivision at a later date. The Associate Planner stated that staff has reviewed this application in light of criteria set forth in Commission Resolution No. 3137, and the staff's comprehensive findings are contained in the written staff report and the memo from the Fire Marshal. She noted that those items to be addressed prior to annexation include: . 1. The Annexation Agreement, which addresses all conditions placed on the application by the City Commission, shall be returned to the City of 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, at the time the Annexation Agreement is submitted. 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. Traffic signal and intersection improvements for the intersection of Baxter Lane and North 19th Avenue; c. Street improvements to Thomas Lane (proposed North 27th Avenue extension) including paving, curb and gutter, sidewalk and storm drainage improvements; d. Street improvements to Baxter Lane including paving, curb and gutter, sidewalk and storm drainage improvements; e. Water main improvements for trunk water lines including Baxter Lane water lines and Davis Lane/Fowler Lane water lines; and f. A sewer main to serve the property that will allow for gravity collection service to the property. 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. At the time of any new development on the property, fire, street, water and wastewater impact fees will be assessed. Upon annexation, the appropriate impact fees shall be assessed on the existing single-family residence. 05-03-99 -..-.----. ----.-- ..- - ..---. ------..-. .-.... - 10 - 6. The owner shall provide public street and utility easements for the adjacent collector and arterial streets. The applicant, adding to the existing 20-foot-wide easement already in place for Thomas Lane, shall grant an additional 5-foot-wide easement. This easement will complete the required one-half (55 feet) of the 110-foot-wide total easement required for future improvements to Thomas Lane/North 27th Avenue. An additional 15-foot-wide easement, the remaining portion of the required one half (45 feet) of the 90-foot-wide total easement required for future . improvements, shall be granted for Baxter Lane. 7. Upon annexation and upon availability of service, all new dwellings shall connect to City water and sewer service. The existing single-family residence will not connect to City water or sewer service as it will be eventually removed. At the time the existing single-family residence is removed, any existing septic tanks shall be pumped and filled, or removed, and shall be verified by the City Building Inspection Department. 8. The applicant is advised that any forthcoming development proposal may require improvements to Thomas Lane and/or Baxter Lane, extension of water mains, and/or improvements to the intersection of Baxter Lane and North 19th Avenue and other possible improvements. 9. The City Water/Sewer Department will allow connection of a sewer service line to the main in Baxter Lane until an outfall sewer north at Thomas Lane is provided. Upon plan approval, annexation and following the application procedure, the City Water/Sewer Department will provide a stub to the edge of the easement. The City Water/Sewer Department will review plans for development of the proposed water infrastructure when they are provided and make any recommendations required to . supply water to this proposed lot. 10. An approved pressurized water supply (fire hydrants) meeting the flow requirements of the 1994 UFC Appendix III-A shall be provided to the subject property. No commercial use of the property should be allowed until the water system is installed, tested and approved by the City. Currently there is no approved water supply within reasonable distance of this property. Until such a time as water is provided, the Bozeman Fire Department will not be able to adequately protect the property from fire. Ms. Carol Gaworski, 1143 Thomas Drive, asked if this request will have any impact on the twelve residences which front on Thomas Drive, or if they will remain in the county. Associate Planner Killebrew responded that this application is only for the subject property and has no impact on adjacent properties. She noted that if the residents along Thomas Drive wish to annex, they must make application, either individually or as a group. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission initially approve the request submitted by Ervin and Agnes Sukut, under Application No. A-9901, to annex 2.3639 acres located at the northwest corner of the . intersection of Thomas Lane and Baxter Lane, and direct staff to bring back an annexation agreement addressing the ten items listed above, for review and possible action by the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 05-03-99 -.--.--- - 11 - Public hearing - Zone MaD Amendment - from "RS" to "R-1" - Ervin and Aanes Sukut - 2.3639 acres described as the remainder of Baxter Lane Subdivision No.1 in the E%. E%. SE%. SW%. Section 35. T1 S. R5E. MPM (northwest corner of Thomas Lane and Baxter Lane) (Z-9925) This was the time and place set for the public hearing on the Zone Map Amendment from "RS", Residential Suburban--Country Estates, to "R-1", Residential--Single-family--Low- density, as requested by Ervin and Agnes Sukut under Application No. 2-9925, on 2.3639 acres described as the remainder of Baxter Lane Subdivision No.1 in the East one-half, East . one-half, Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at the northwest corner of the intersection of Baxter Lane and Thomas Lane. Mayor Stiff opened the public hearing. Associate Planner Joni Killebrew presented the staff report. She stated that the master plan land use designation for this parcel is urban residential, and "R-1" zoning is in compliance with that designation. She stated there are no immediate plans for development, except for a church on the southern portion, which is a conditional use in both the existing and proposed zoning districts. She stressed that subdivision review will be required for any additional development on this property. The Associate Planner stated that the City-County Planning Board conducted its public hearing on this application at its April 20 meeting. Following that public hearing, and consideration of the criteria, staff's findings and public testimony, the Planning Board concurred in staff's recommendation for approval, subject to the two standard conditions. No one spoke is support of or in opposition to the requested rezoning. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. . It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Zone Map Amendment from "RS", Residential Suburban--Country Estates, to "R-1", Residential--Single-family--Low-density, as requested by Ervin and Agnes Sukut under Application No. Z-9925, on 2.3639 acres described as the remainder of Baxter Lane Subdivision No.1 in the East one-half, East one-half, Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, and authorize and direct staff to bring back an ordinance amending the zoning, subject to completion of the following: 1. The ordinance for the Zone Map Amendment shall not be adopted until the subject property is annexed to the City. If the annexation process is not completed, the approval for this application shall be void. 2. The applicant shall provide a metes and bounds legal description and a 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 Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. . Public hearing - COA with deviation from Section 18.50.160 of the Bozeman MuniciDal Code to allow additions to non-conforming aaraae which encroaches 10 feet into reauired 10-foot rear yard setback and 6 feet intoreauired 8-foot side yard setback on Lots 11 and 12. Block 12. Park Addition - Bruce and Mardella Brock. 221 South 5th Avenue (Z-9936) This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by Bruce and Mardella Brock under Application No. Z-9936, with a deviation from Section 18.50.160 of the Bozeman Municipal Code, to allow the construction of a 12-foot by 14-foot addition and a driveway roof extension on a non-conforming historic 05-03-99 - 12 - carriage house/garage which currently encroaches 10 feet into the required 10-foot rear yard setback and 6 feet into the required 8-foot side yard setback on Lots 11 and 12, Block 12, Park Addition. The subject property is more commonly known as 221 South 5th Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He gave a brief overview of the project and staff's findings, as contained in the written staff report. He noted . that the staff has found the requested addition to be compatible with the historic structure, which was essentially built on the rear and side property lines. He then reviewed the three conditions which staff has recommended be attached to approval of this application. Mr. Bruce Brock was present but did not speak. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness, as requested by Bruce and Mardella Brock under Application No. Z~9936, with a deviation from Section 18.50.160 of the Bozeman Municipal Code, to allow the construction of a 12-foot by 14-foot addition and a driveway roof extension on a non-conforming historic carriage house/garage which currently encroaches 10 feet into the required 10-foot rear yard setback and 6 feet into the required 8-foot side yard setback on Lots 11 and 12, Block 12, Park Addition, subject to the following conditions: 1. The proposed construction materials for the new addition and driveway roof extension shall match those found on the existing garage/studio to the greatest extent possible. . 2. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 3. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Public hearing - COA with deviations from Sections 18.50.160 and 18.50.120. BMC. to allow addition to non-conforming structure which encroaches into front and corner side yard setbacks on lot which is too narrow. and reduction in reauired Darkina by one SDace on Lot 1 and the east 20 feet of lot 2. Block E. Story Addition - Amalgamated Entemrises. Inc.. 504 West Main Street (2-9944) . This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by Amalgamated Enterprises, Inc., under Application No. Z-9944, with deviations from Sections 18.50.160 and 18.50.120 of the Bozeman Municipal Code, to allow an addition to a non-conforming structure which encroaches into the front and corner side yard setbacks on a lot which is too narrow, and reduction of the required on-site parking spaces by one space. The subject property is described as Lot 1 and the east 20 feet of Lot 2, Block E, Story Addition, and is more commonly known as 504 West Main Street. Mayor Stiff opened the public hearing. 05-03~99 - 13 - Historic Preservation Planner Derek Strahn presented the staff report. He reminded the Commission that the original structure was constructed as a residence and has recently been converted into a law office, with renovations being carefully done to maintain the historic integrity of the site. He stated that under this application, the existing garage is to be demolished and replaced by a 370-square-foot addition with basement. He noted that staff has reviewed this application in light of the criteria, and the staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings, and forwarded staff's recommendation for approval, subject to the two boilerplate conditions. . Mr. Michael Garrity, applicant, requested approval of the application. He noted that the existing on-site parking and the available on-street parking seem to have been sufficient for their business over the past 3 % years in this location. He noted that the addition will house one more attorney, and he does not believe that will add significantly to the traffic volume at this site. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness, as requested by Amalgamated Enterprises, Inc., under Application No. 2-9944, with deviations from Sections 18.50.160 and 18.50.120 of the Bozeman Municipal Code, to allow an addition to a non-conforming structure which encroaches into the front and corner side yard setbacks on Lot 1 and the east 20 feet of Lot 2, Block E, Story Addition, a lot which is too narrow, and reduction of the required on- site parking spaces by one space, subject to the following conditions: 1. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. . 2. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearing - COA with deviations from Sections 18.32.050 and 18.50.120. BMC. to allow oarking in 15-foot corner side yard setback: allow orooosed driving aisle to be two feet less than reauired 26-foot width: allow eomoact Darking stalls: and allow reduction from four to two parking SDaees for duolex on Lots 18-22. Block A. Oriainal Townsite - HRDC for 26 South Traev Avenue (Z-9926) This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by the Human Resource Development Council under Application No. 2-9926, with deviations from Sections 18.32.050 and 18.50.120 of the Bozeman . Municipal Code, to allow parking in the 15-foot corner side yard setback, allow the proposed driving aisle to be two feet less than the required 26-foot width, allow compact parking stalls, and allow reduction from four to two on-site parking spaces for the duplex to be constructed on Lots 18 through 22, Block A, Original Townsite. The subject property is more commonly known as 26 South Tracy Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that this application is for a major site plan, with Certificate of Appropriateness and a number of 05-03-99 - 14 - deviations, to renovate the historic post office constructed in 1915 and convert it to offices for the Human Resource Development Council. He noted that the applicant proposes to remove a rather large non-historic cinder block building on the site to allow the maximum amount of parking to be provided. He stressed that under this application, the applicant proposes to restore the exterior of the building to its original state and to construct a duplex on the northern edge of the property, near the eastern boundary, for transient families. He stated that a fully accessible entrance is to be constructed on the north end of the building, with an interior elevator to allow for movement between floors. . Historic Preservation Planner Strahn stated that staff has worked closely with the applicant to develop a project which complies with the zoning designation as well as the criteria for the conservation overlay district and site plans. He noted that the Development Review Committee and the Design Review Board have reviewed this application and recommend approval. On April 20, the City-County Planning Board conducted its public hearing on this application and, following consideration of the criteria, staff findings and the significant amount of public testimony received, recommended approval with the deletion of Condition No.9 as recommended by staff. The Historic Preservation Planner reviewed the deviations which have been requested in conjunction with this application. He stated that these deviations, which include allowing parking within the required 15-foot side yard on East Babcock Street, a reduction in the width of the drive aisles, and a reduction in the number of parking spaces required for the duplex, are designed to maximize the amount of on-site parking provide while preserving the green space along the South Tracy Avenue street frontage, particularly the piece of green space at the northwest corner of the site. The Planner noted that the Commission has just received a letter from Tim Crawford suggesting that parking be added at the northwest corner of the site; however, he stressed the applicant feels retaining and enhancing this green space in the downtown is more important than the two or three parking spaces that would be gained by eliminating it. . Historic Preservation Planner Strahn characterized the old post office as "an incredible asset to the community", noting that it is one of the primary buildings in the downtown historic district, due in part to its size and character. He stated that every effort will be made to restore it to the 1915 integrity, including modifications to the exterior and the addition of historic lighting. The Historic Preservation Planner reviewed the parking requirements for this project, noting that a total of 27 spaces plus 1 handicapped space are required. Under the requested deviations, two of the spaces for the duplex would not be required, leaving a total of 25 parking spaces plus 1 handicapped space. The site configuration under consideration at this time provides 21 parking spaces plus 1 accessible space. The Planner noted that the applicant intends to purchase the remainder of the required parking spaces from the Parking Commission, and that will be either four or six spaces, depending on whether the Commission approves the requested deviation. Responding to Commissioner Rudberg, the Historic Preservation Planner stated that at the present time, there are signs posted in the alley, adjacent to this parcel, indicating 5 minute parking for loading. He noted that, based on the testimony received, the public would like to see those signs remain. Mr. Bill Hanson, Taylor Architects, representing the applicant, gave a brief history of the . project, noting that the Human Resource Development Council began efforts to acquire this property about four years ago. He noted that he began working on the project approximately six months ago, and quickly recognized that parking was a big issue. He stated that the need to demolish the non-historic addition became immediately apparent, noting that this allows for restoration of the character of the original building as well as allowing for a maximum amount of parking on site. He stressed that in the downtown area, it is rare to find a building and site where 95 percent of the required on-site parking spaces can be provided. He then noted that the required 26-foot-wide driving aisles could be provided on this site; however, a reduction in width has been requested in an effort to ensure that the mature trees along the eastern boundary of the property are protected and preserved. 05-03-99 _ n___.._.._______ .-...-...- - 15 - Mr. Hanson stated the duplex is to be used as transitional living spaces, where people will stay an average of three to four months. He noted that, most of the time, those residents will come with few possessions and probably not more than one vehicle. Mr. Hanson noted the old post office is one of the few buildings in the area that meets today's setback requirements. He noted that, for the most part, the other buildings are built on or near the property line, and parking abuts the property line. He concluded by showing the Commission some pictures which he took in the alley adjacent to the subject property. He . stated that the HRDC is willing to allow the five-minute parking to remain in the alley and, since the existing curbline in the alley is to be maintained, this application will have no effect on that parking. Mr. Marshal Lewis, Bozeman Camera Repair, 10 East Main Street, stated he has operated his business in this location for the past fifteen years. He noted his business has a common alley entrance with F11, and he is concerned about the safety of their customers, since that door is essentially across the alley from the proposed driveway. He stated the existing chain link fence helps to minimize conflicts in the alley, which is already heavily used; and it would also protect the residents of the duplex, particularly since demographics suggest most of them will be single mothers with one or two children. He also expressed concern that the proposed driveway will eliminate two of the existing parking spaces. Mr. Steve Winslow, 16 South Tracy Avenue, stated he has had his business at this location for 8 % years; and he parks in the alley sometimes because of the difficulty in finding parking downtown, particularly when he plans to just run into the store for a few minutes. He noted that he was probably the only private business owner to participate in the walk through of the old post office several years ago, and envisioned it as a fabulous photo gallery and home for other businesses. He then stressed that he is not opposed to the HRDC's acquisition of the building or the proposed historic restoration of the building, but he is opposed to allowing access onto the alley and removal of the chain link fence. He also expressed concern about . the proposed duplex on the site, and concluded by questioning whether adequate parking will be provided on the site, or whether this use will further impact the limited amount of parking in the area. Mr. Larry Bowman, Owenhouse Ace Hardware, stated his support for HRDC's use of the building and the proposed restoration, but he is also concerned about parking in this very, very congested area. He noted that the parking which his business provides is not adequate for their own customers; yet customers of many of the surrounding businesses also use it. He then suggested that the amount of on-site parking be maximized and that the applicant be required to contract for off-site parking for at least half of its employees, thus leaving spaces for clients to park. Mr. Ray Erickson, Stylon, stated his concurrence with the comments of the previous speakers. Ms. Marcia Phillips, F11, stated she is really concerned about the safety of those using the alley, particularly in light of the amount of traffic and pedestrian use. She also expressed concern about the potential loss of trees along the alley, characterizing them as important green space in the downtown area. She concluded by asking that the alley remain as it is. Mr. Doug Bundren, F11, stated that he, too, supports the proposed renovation of this historic structure and preserving the flavor of downtown. He asked, however, that steps be . taken to ensure that this proposal has minimal adverse effect on abutting properties, and those include minimizing impacts on the alley and preservation of the existing green space, including the trees in the alley. Mr. Mark Johnson, Miller's Jewelry, stated his support for the proposed restoration of the old post office; however, he raised concerns about the precedent this application may set for housing in the downtown area and the additional impacts on parking. Historic Preservation Planner Strahn recognized the concerns which have been raised about the alley and the parking problems in the area. He stated that during reviews of this 05-03-99 -------- - ..-...- ..-.. -....".-.----.---.-..- .-.----- - 16 - application, it was staff's understanding the access to the alley is to be for those living in the duplex, with the vast majority of the traffic using East Babcock Street. He then noted that further narrowing of the drive aisle is being discussed, in an effort to reduce drivers' inclination to use it as a two-way aisle. He recognized the safety issues surrounding the alley as it currently exists and the interest in ensuring that those problems are not compounded. He then noted that the chain link fence along this property has had an opening in it since the early 1970s, at the point where the driveway is proposed. . Responding to Commissioner Rudberg, the Historic Preservation Planner stated the issue of the trees along the alley was raised at the Planning Board hearing, and the applicant has indicated a willingness to make every effort to preserve them as well as the green space on site. Mr. Bill Hanson stated it is the applicant's intent to remove the existing chain link fence and create a planting barrier between the alley and the open space on the property. He confirmed the applicant's desire to save the trees along the alley, relocating them if necessary. He then characterized the on-site green space as a centerpiece for the downtown. He stated that only those using the four parking spaces adjacent to the alley are anticipated to use the alley for ingress or egress, confirming the intent to decrease the width of the drive aisle from 20 feet to 16 feet to emphasize that this parking lot is not to be used as a pass through from the street to the alley. He recognized that it is difficult to put a value on the open space in the downtown, but suggested that it is at least equivalent to two parking spaces. Mr. Hanson recognized that the proposed duplex is an urban solution to the need for transitional housing; however, he suggested it can offer as safe an environment as any other downtown location. He concurred that the alley has very unique conditions, particularly with the level of vehicular traffic. He noted, however, that this proposed professional office use will create less traffic than a retail space would. . Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Smiley stated her support for this application, stating she feels it will create a lower traffic flow than many other types of uses. She then stated her support for retaining the parking in the alley. She concluded by encouraging business owners in the area to approach the Parking Commission about renting spaces for their employees to free up parking for customers. Commissioner Rudberg stated her support for this application, noting that she is glad to see the old post office building will no longer be vacant. She then noted that she has no problem finding a parking space downtown, suggesting that her willingness to walk two blocks leads to her success. Mayor Stiff expressed concern that the property is being overbuilt, which will create problems. He recognized that the project is beautifully done and noted that he supports the proposed use, but he is concerned about the safety of the site and the immediate area. Commissioner Youngman stated she feels this is an excellent project, and she appreciates the historic preservation of the site as well as the green space and on-site parking. She noted that the problems identified are inherent with the way the downtown was built. She then stated that it appears the fencing and preservation of trees will be adequately addressed. . Commissioner Frost announced that he will abstain from voting, to avoid any perception of a conflict of interest. Assistant City Manager Ron Brey stated that the Bozeman Municipal Code provides for an alley district in the downtown area, and further provides that no parking will be allowed in the alleys except temporarily while unloading. As a result, he cautioned that the Commission may not include any conditions pertaining to the alley issues. Responding to questions from Mayor Stiff, the Historic Preservation Planner confirmed that 27 on-site parking spaces are required in conjunction with this application, four of which 05-03-99 - 17 - are for the duplex. He noted the applicant has requested a deviation for two of the parking spaces for the duplex, recognizing that the four parking spaces not being provided on site must be purchased. He stated that if the deviation is not approved, the applicant must purchase six spaces. City Attorney Luwe stated the Parking Commission is the body that acts on requests for cash-in-lieu of parking spaces. . Responding to City Manager Johnson, Mr. Hanson stated the proposed pass through onto the alley is for everyday operation of the site, including snow removal. He then stressed that, while access will be available to the alley, traffic will be encouraged to use East Babcock Street. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness, as requested by the Human Resource Development Council under Application No. Z-9926, with deviations from Sections 18.32.050 and 18.50.120 of the Bozeman Municipal Code, to allow parking in the 15-foot corner side yard setback, allow the proposed driving aisle to be two feet less than the required 26-foot width, allow compact parking stalls, and allow reduction from four to two on-site parking spaces for the duplex to be constructed on Lots 18 through 22, Block A, Original Townsite, subject to the following conditions: 1. The final site plan shall conform to all requirements of the Bozeman Municipal Code, be adequately dimensioned (e.g. provide dimensions of typical parking space, regular and disabled, access widths, driving aisle widths, sidewalk widths, boulevard widths), and in addition to the information shown on the preliminary plan, shall show the following: A. The percentage and square footage of driveway and parking . areas; B. As necessary, a revised detailed plan of all parking facilities; including circulation aisles, access drives, bicycle racks, compact spaces, handicapped spaces, and motorcycle parking. C. With respect to parking requirements: 1 ) The appropriate number of parking spaces shall be provided on site and/or with an approved cash-in-lieu option, with the specific number of spaces required to be determined by the City-County Planning Staff once deviations are granted/denied by the City Commission. The amount necessary for each space shall be calculated as per officially approved standards; 2) All compact parking areas shall be clearly identified as compact car parking with signs . permanently affixed immediately in front of the spaces containing the notation uCompacts Only" (Section 18.50.120B.1); 3) A note indicating that all parking spaces will be painted with a 4-inch wide stripe. 4) The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the final site 05-03-99 _.n.... ----.....--..----- - 18 - plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. Any and all concrete curbing around the perimeter of the new parking lot shall be adequately identified. Typical curb details (Le. raised and/or drop curbs) and typical asphalt paving section detail, for approval by the City Engineer. Detail No. 5 shall correctly depict . the dimensions referenced on City of Bozeman Standard Drawing No. 02528-1. 5) The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the Bozeman Municipal Code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing. D. All existing utility and other easements shall be clearly depicted. All utilities and mechanical equipment located outside of either building shall be identified and located on the final site plan, and shall be screened per Section 18.50.070.E, Bozeman Municipal Code. This includes any proposed roof mounted mechanical equipment. E. The location and size of all water and sewer lines, mains, and easements, and fire hydrants within 100 feet of the property, both existing and proposed, for both the . rehabilitated historic building and the two transitional apartments shall be clearly depicted. The location of the domestic water line inside the buildings, with its corresponding size, must be accurately shown, and approved by the City Water Department. Proposed main extensions shall be labeled as "proposed." If necessary, City of Bozeman applications for service shall be completed by the applicant, prior to installation of the service lines. F. Landscaping: All requirements of the landscape section of the Zone Code shall be complied with including, but not limited to: preparation and certification of the final landscape plan by a qualified individual; a table and/or narrative indicating how the landscape plan meets the required points; that parking between the structure and streets are screened as required by Section 18.50.100.D.5.c.iLA.2. Drive approach and public street intersection sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle. As per recommendations offered by the Design Review Board, the applicant shall seriously consider the elimination of proposed paper birch . trees in favor of a more formal appearing landscaping option. G. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Snow removal areas on the site plan submitted do not appear to be adequate for the site. If adequate storage cannot be provided on site, the applicant shall provide written assurance that they will haul snow as required, and 05-03-99 -...-----..--..-.. . - - -.- - .-- .- .--. --.--- ..-. n __.". - 19 - that temporary snow storage on site will not occur in the public right of way or sight triangles. 2. Accurate, dimensioned details of the domestic water meter locations inside each building shall be clearly indicated on each building permit application for each structure, with the location subject to approval by the Water/Sewer Superintendent. . 3. A temporary form of the street address shall be displayed at all times during construction of the structures, and a permanent address shall be displayed on the site or structure upon completion of the development. 4. A Stormwater Grading, Drainage, and Treatment Plan for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and/or public streets must be provided to and approved by the City Engineer prior to final site plan approval. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), storm- water detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. A. The location of and distinction between existing and proposed, private and public, sewer and water mains, services, and easements shall be clearly depicted on the Site/Grading Drainage Plan and Sheet No. C1.0, as well as . nearby operational fire hydrants and proposed fire hydrants. City of Bozeman applications for service shall be completed by the applicant. B. The Stormwater grading, drainage and treatment plan shall include a Maintenance Plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. 5. The applicant's professional engineer or architect shall certify in writing that the required on-site improvements have been installed according to the approved final site plan, prior to issuance of an Occupancy Permit by the Building Department. Required on-site improvements which may be financially guaranteed prior to issuance of an Occupancy Permit may include landscape, landscape irrigation, fences, project identification signs, refuse screening, or other improvements approved by the DRC. The decision on which improvements that may be financially guaranteed shall be based on a finding that unsafe or hazardous conditions will be not be created or perpetuated without the installation of certain improvements, . or that the property will not have an unacceptable adverse impact on adjoining properties until such improvements are installed. 6. The applicant's professional engineer shall certify in writing that the rough finish grade, including retention/detention ponds, has been installed according to the approved Final Site Plan and Site Grading Plan, prior to issuance of an Occupancy Permit by the Building Department. Rough finish grade means the finished grade exclusive of sod, turf or topsoil for seeding. 05-03-99 - 20 - 7. The impervious area on the proposed plan appears to be the same as that of the existing site, therefore not significantly increasing the runoff from the site. The final site plan must demonstrate adequate site drainage including sufficient spot elevations. On-site retention in a grassy area should be provided where feasible. The final destination and means of conveyance of the storm water discharged to the alley must be addressed on the final site plan. . 8. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 9. The Engineering Department has also noted that the request for the deviation from the standard 26-foot drive aisle width to 24 feet is more difficult to support when combined with all of the stalls adjacent to the building being designated for compact vehicles. It is likely, being adjacent to the building, that these stalls will be used by larger vehicles further reducing the drive aisle to 22 feet. It is, therefore, recommended that an alternative layout be looked at with the stalls adjacent to the building being standard length and the stalls directly in front of each tree being compact. With a non-linear curb, the remaining stalls on the east side of the lot could be full depth and the drive aisle could be maximized. It is also recommended that a narrower drive aisle between the two parking areas be utilized to further discourage two-way traffic. . 10. As the water service to this building is 2-inch, adequate backflow protection must be installed by the owner as approved by the City's Water/Sewer Department. 11. As public records show two sewer stubs to the existing building, the Water/Sewer Department shall dye test these stubs to determine which one, or if both, are active. Should this service require relocation, review and completion of work by the City Water/Sewer Department will be required. If the 2-inch is converted to a fire line, then a new domestic service shall be installed from South Tracy Avenue with the location shown on the final site plan, to be approved by the City Water/Sewer Superintendent. 12. The new building may be provided a sewer from an existing stub, if available. If a new stub is required, it could be installed with the modifications to the fire line and an additional water service for the new building. All costs associated with modification or new installation will be borne by the owner. 13. The applicant must obtain a Certificate of Appropriateness and sign permit for any and all proposed signage, and the proposed signage must be in . compliance with Section 18.65 of the Bozeman Municipal Code. 14. In an effort to best relate the materials of the proposed new construction to the existing, culturally-significant listing on the National Register of Historic Places the applicant shall: A. Give serious consideration to the use of additional historic building materials on the new duplex structure. In the interest of site and neighborhood compatibility, additional masonry is far more fitting and appropriate than the proposed Dryvit material for wall surfaces, window heads, 05-03-99 - 21 - and sills. Similarly, wooden, true divided light windows would be preferable to a less historically appropriate alternative. B. Provide the Historic Preservation Office with: 1 ) A sample of the proposed building materials, including brick for the new duplex's veneer . wainscot and pre-finished standing seam metal roofing, and for the new brick base of the main structure for administrative review and approval prior to final site plan approval. 2) Detail drawings of the proposed entry canopies and chain supports, including samples of proposed building materials, for administrative review and approval prior to final site plan approval. 15. In the interest of maintaining visual continuity and consistent historic character on-site, the applicant shall make every effort to provide historic lighting (as detailed on the submitted site plan) throughout the property. If at all possible, the existing non-historic lights along the eastern property line shall be eliminated, in favor of a historically-appropriate alternative to be reviewed and approved by the historic preservation office prior to final site plan approval. The final site plan shall show the location for and detail of all proposed lighting, including wall-mounted and/or signage lighting, as well as information pertaining to any lighting to be removed. Existing and proposed lighting must be arranged to deflect light down and away from . adjoining properties and must not detract from driver visibility on adjacent roads per requirements outlined in Sections 18.50.035.A.1 and 18.50.120.B.9. 16. In the interest of preserving the historic integrity of the existing architecturally-significant site: A. All replaced basement and main floor windows shall match the originals i.e., be wooden, true divided light and in other respects historically appropriate; B. All new doors shall be wooden and closely resemble to the greatest extent possible the design and character of those original doors now existing on the structure, while also meeting modern day building codes; C. The proposed new window wells shall be designed in such a manner as to be as visually unobtrusive as possible when viewed from South Tracy Avenue and East Babcock Street, while still meeting modern day building code requirements; and, . D. Existing masonry shall be cleaned and repair in manners consistent with the recommendations of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildinas. 17. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 18. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any mod ifications to the 05-03-99 ..... -.---.-.. . .-..-- - -- ..--.. - 22 - submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Commissioner Frost abstained. . Adjournment - 8:30 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. ~~~ L~/ D M. STI F, Mayor ATTEST: Glt:o/~ ROBIN L. SULLIVAN . Clerk of the Commission . 05-03-99 -- ------